L33.2 Encourage professional and personal service businesses and other non-retail uses to be located on the second floor or to the rear of commercial properties, thereby allowing retail uses to be located along the street frontage.
L33.7 Encourage the development of outdoor spaces for dining and public gathering spaces.
L34.1 Encourage the enhancement of rear entrances to existing businesses.
L34.3 Identify opportunities to improve pedestrian access from public parking areas to commercial uses, particularly the access from the parking lot on Mariposa Avenue to the commercial uses on the south side of Sierra Madre Boulevard.
L37.12: Examine other parking opportunities and other options to address the shortfall of onsite parking space requirements in order to accommodate re-use of existing commercial spaces and new uses.
Planning Commission Evaluation
In an effort to update the Commercial Zoning Code Chapter 17.36, the Planning Commission (Commission) appointed a three-member subcommittee that included then-Chair Spears, thenVice Chair Hutt and former Commissioner Frierman-Hunt to analyze the current ordinance and bring back proposed revisions for the Planning Commission’s discussion and review. The Planning Commission reviewed the draft recommendations from the subcommittee at their meetings on March 15, 2018, April 19, 2018 and May 17, 2018, reviewing redline amendments and introducing additional changes to the Commercial Zone and other applicable Municipal Code Sections which include Chapters: 17.08 (Definitions), Section 17.20.015 (Definitions), Chapter 17.40 (Manufacturing Zone), and Chapter 17.60 (Variances and Discretionary Permits). The revisions to the above Codes were necessary to achieve consistency specific to cross references in the commercial zone and other related zoning provisions.
While parking provisions were to be addressed inclusive of the Commercial Code Update, the Planning Commission determined that a more focused review of Chapter 17.68 (Parking), would best be addressed as a standalone amendment. The Planning Commission appointed a subcommittee to evaluate parking regulations in coordination with the Commercial Code amendments. The Planning Commission reviewed the draft recommendations from the subcommittee at their meetings on February 6, 2020 and September 19, 2020, reviewing redline amendments and introducing additional changes. At the direction of the City Council, both the Commercial Code and Parking Code amendments will be considered by the City Council concurrently.
City Council Discussion of Proposed Commercial Code Amendments At the meeting on March 28, 2019, the City Council received a report regarding the proposed revisions to the City’s Commercial Zone regulations. The City Council provided direction to make appropriate changes to the Commercial Code as recommended by the Planning Commission and appointed a subcommittee consisting of then-Mayor Pro Tem John Capoccia, and then-Council member Rachelle Arizmendi, and Council member Gene Goss (alternate) to work with the Planning Commission of then Chair and Vice Chair John Hutt and Tom Denison, respectively, to provide further policy direction regarding Commercial Code revisions, based on the direction of the City Council.
The City Council policy directive to the Planning Commission and staff was as follows:
1. The Montecito District should not be included with the commercial code update at this time; however, the Commission may proceed with amendments for cross reference purposes;
2. Do not impose distance requirements or limit businesses by number or location;
3. Do not consider primary and secondary storefront restrictions—let the “free market” determine land use, and
4. Include parking in the commercial code update.
Planning Commission Consideration of Proposed Commercial Code Amendments The Planning Commission conducted duly noticed public meetings on March 15, 2018, April 19, 2018, May 17, 2018, February 6, 2020, June 4, 2020, and August 6, 2020, at which time it heard and considered public testimony received and made part of the public record. The Planning Commission recommended approval to the City Council of the proposed text amendments at a noticed public hearing held on September 3, 2020.
The following highlights the amendments to the commercial zone including amendments to other chapters of the zoning code in an effort to achieve consistency specific to cross references in the Commercial Zone and other related zoning provisions. Clean and redline versions of the proposed revisions to Chapter 17.08 (Definitions), Section 17.20.015 (Definitions), and Chapters 17.36 (Commercial), 17.40 (Manufacturing), and 17.60 (Variances and Discretionary Permits) included as Exhibits A (clean version as amended), and Exhibit B (redline version from existing Code).
Chapter 17.08 (Definitions) and Section 17.20.015 (Definitions) The amendments to Chapter 17.08 (Definitions) and Section 17.20.015 (Definitions) provides general clean-up for cross reference purposes. The amendment also includes the omission of the definition of “bedroom,” which appears in both references for the purpose of calculating the number of required parking spaces for the R-1 (One-Family Residential Zone), R-2 (Two-Family Residential Zone), R-3 (Multiple-Family Residential Zone) and the R-P (ResidentialProfessional Zone). The proposed parking requirements in Chapter 17.68 (Parking) as detailed in Section 17.68.020 (Parking Spaces Required) updates residential parking requirements based on building square footage not bedroom count. Revisions to Chapter 17.68 are addressed under separate Municipal Code Text Amendment – Parking Code Amendments Ordinance No. 1432.
Chapter 17.36 (Commercial Zone)
Changes made to Chapter 17.36 (Commercial Zone) include how uses are regulated. First, the regulation of use was separated from design. This allows the focus on review efforts for new development. Because new construction is regulated as design rather than use, the regulation of use can be more lenient. Second, rather than include a comprehensive list of uses within the code itself, the code was revised to regulate commercial zone use categories.
The director can then independently maintain a detailed list of uses which fall under each category, included herein for consideration as City Council Resolution 20-62.
Following is a bullet point summary of revisions to Chapter 17.36 – Commercial:
17.36.010 – Revision omits references to “downtown commercial,” “downtown business,” and uses the reference “C Zone.” Additional revision omits the reference to “redevelopment agency.”
17.36.015 – New definitions section. Defines “Commercial Zone Use Categories,” “Main commercial street” and “SRO” as required by the housing element. 17.36.020 – The revisions to the use list include emphasis on categories (retail sales, office uses, service establishments, financial institutions, educational facilities, recreation and entertainment facilities, and automobile and transportation-related establishments). The comprehensive list of commercial zone uses in the Code was omitted from this section and is maintained separately by the Director. Additional changes include employment of minor conditional use permit (MCUP) as a midpoint between permitted and full conditional use permit (CUP), regulation by size, and generally a relaxing/streamlining of use regulations.
17.36.025 – Adult businesses. No changes.
17.36.027 – Other uses and construction activities. Added new section pertaining to construction activities that are permitted of right or require discretionary review. The Section lists a subset of such uses and construction activities inclusive of demolitions, certain conditionally permitted uses (group living facilities such as child care and community care facilities), signs, home occupations, temporary use permits, and wireless communication facilities. Corresponding code references are listed for reference purposes only.
17.36.030 – New construction, additions, and building alterations. Rather than require a CUP for all uses, interior alterations, additions of floor area of 500 square feet or less, and minor exterior façade alterations are permitted as of right; construction in excess of 20 feet in height, additions of floor area of 500 square feet or more, and significant exterior alterations require an administrative design review permit (ADRP); additions of more than 1,000 square feet, all new construction, and singlefamily home projects that result in aggregate floor area of all structures exceeding 3,000 square feet require a design review permit (DRP). 17.36.035 – Drive-through business prohibited. No Changes. 17.36.040 – Updated the design criteria, included illustrations to address second story building articulation, view preservation techniques, and added language from the 2015 General Plan update.
17.36.050 – Residential. Repurposed a deleted section to provide some guidelines for residential uses in the commercial zone. Also indicated that mixed-use projects shall be designed to provide compatibility between residential and non-residential uses.
17.36.060 – Size area. No changes.
17.36.070 – Yards and building setbacks. Differentiated setbacks for prime storefront areas. Added angle plane concept illustration for R-1 adjacency, and added provisions for encroachment (taken from R-3).
17.36.080 – Building and site coverage; floor area. Reduced impermeable coverage from 80% to 65%, and added General Plan required floor area ratio (FAR) maximum of 100% of gross floor area.
17.36.090 – Height and story limit. No change. Recent revisions to global definition of height work here.
17.36.100 – Parking. Included residential-specific parking standards from R-3 (and allowed affordable SROs with no parking), included broader parking relief with MCUP to allow uses that provide fewer than the required off-street parking spaces, and added parking design concepts from General Plan.
17.36.110 – Landscaping. Made similar revisions to landscaping provisions as was accomplished in R-3 Zone.
17.36.120 – Screening. Made screening requirement more general as was accomplished in the R-3 Zone.
17.36.130 – Hours of operation. Repurposed old trash provision (which is now covered by screening provision above) to include limits on hours of operation. This should allow more relaxed regulation of uses as potential negative effects are separately regulated. 17.36.140 – Outdoor storage and Sales. Added regulation of a minor conditional use permit for outdoor sale of goods and merchandise.
17.36.150 – Loading facilities. No changes.
17.36.160 – Lighting. Added a reference to new dark sky requirements. 17.36.170 – Property Maintenance. Repurposed old equipment provision (which is now covered by screening provision above) to emphasize need for maintenance and avoidance of nuisances.
17.36.180 – Underground utilities. General clean up.
17.36.190 – Development or construction site standards. General clean up.
Commercial Uses List
Rather than include a laundry list of uses within the code itself, the code was revised to regulate use categories. The director can then maintain a separate detailed list of commercial zone uses which fall under each category. The list of Commercial Zone Use Categories is included as Attachment 2, City Council Resolution 20-62.
Chapter 17.40 (Manufacturing Zone)
Because commercial zone uses are allowed in the manufacturing zone (which is located on East Montecito Avenue), the Commission reviewed what impact the commercial zone revisions would have there. The Commission made changes to accommodate the manufacturing code, only as necessary to make the cross-referencing work (and some minor clean-up of uses).
Chapter 17.60 (Variances and Discretionary Permits)
As referenced above, the ordinance amendments proposed vary the level of regulation based upon size of use. Some uses at certain sizes may be approved with a MCUP, rather than a full CUP. However, under current code MCUPs apply only to residential. This was corrected to allow MCUP review for commercial uses and made updates to the MCUP findings similar to what was done for CUPs (see 17.60.055). Provided a cross-reference for commercial oversized projects and fixed a typo in 17.60.041. Finally, comprehensive changes were made to Section 17.60.030 (the list of generic uses requiring CUPs).
PURPOSE AND CONSISTENCY WITH THE GENERAL PLAN
The Municipal Code Text Amendment is consistent with the Goals and Objectives of the General Plan; in that it would ensure orderly development of commercial uses where they currently exist so that they are compatible with and complement adjacent land uses. The text amendments are consistent with a General Plan objective that the commercial areas provide for a mix of uses which accomplishes a healthy balance of local services and visitor attraction while maximizing the City’s revenues from property and sales tax. Further, the text amendments are consistent with General Plan policies to accommodate a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
CEQA / ENVIRONMENTAL
The subject ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, § 15061 subdivision (b)(3) and § 15378, subdivision (a) and (b)(5) of the California Code of Regulations as it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because it will provide regulations regarding the reuse of existing structures, restrictions on business uses, and updating the list of permitted and conditionally permitted uses within the commercial zone.
Modifications to the manufacturing zone and discretionary review codes were amended to achieve consistency between cross-references between the manufacturing zone and commercial zone.
FINANCIAL REVIEW / SOURCE OF FUNDING
There is no immediate financial impact related to the proposed amendments to Chapter 17.08 (Definitions), Section 17.20.015 (Definitions), Chapter 17.36 (Commercial Zone) in its entirety, Chapter 17.40 (Manufacturing Zone), and Chapter 17.60 (Variances and Discretionary Permits) of the Sierra Madre Municipal Code. Staff time was incurred in the preparation of the report and draft ordinance.
PUBLIC NOTICE PROCESS
This item has been noticed though the regular agenda notification process. Copies of the report are available via the City’s website at www.cityofsierramadre.com, at the City Hall public counter, and the Sierra Madre Public Library. Notice of the hearing was published consistent with the requirements of Government Code Section 65090, including publication of a summary notice of public hearing in the local adjudicated newspaper.
Attachments:
Exhibit A – Proposed Commercial Code Amendments in Redline with Staff Comments Attachment 1 – Direction from City Council to Planning Commission – August 6, 2020 letter Attachment 2 – Mayor and Mayor Pro Tem letter to Chair Hutt – April 11, 2020 Attachment 3 – Draft City Council Ordinance 1431
Attachment 4 – City Council Resolution 20-62 (Commercial Zone Uses List) Attachment 5 – Planning Commission Resolution 20-11 (Commercial Code Update) Attachment 6 – Planning Commission Resolution 20-12 (Commercial Zone Uses List)
EXHIBIT A
Chapter 17.08 - DEFINITIONS
Sections:
17.08.010 - Definitions—Generally.
For the purpose of this title, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed to them in this chapter.
(Prior code § 9120)
17.08.020 - Words, terms, phrases defined.
"Abut, adjoining or contiguous" means, in reference to real property, two or more lots sharing a common lot line; with reference to two or more objects, the same shall mean in immediate contact with each other.
"Access" means the place, or way, by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a lot, from a public or private street or alley. "Accessory" means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Where the wall of an accessory building has a common wall or a portion of a common wall not less than four feet in length, such accessory building shall be considered as part of the main building. "Accessory use" means a use which is directly related, but clearly subordinate, to a permitted principal use. All accessory uses shall be established and maintained on the same lot as the principal use which they serve, except as expressly otherwise provided herein. "Adjacent" means two or more objects which are located in close proximity to each other. "Adult residential facility" is a state licensed residential home for adults eighteen through fifty-nine years of age with mental health care needs who have physical and/or developmental disabilities and require or prefer assistance with care and supervision. An adult residential facility is a subset of a community care facility.
"Adult residential facility for persons with special health care needs" is a state licensed residential home that provides twenty-four-hour services for up to five adults with developmental disabilities who have special health care and intensive support needs and who would otherwise need to reside in an institution.
An adult residential facility with special health care needs is a subset of a residential health care facilities (chronically ill).
"Affordable unit" has the meaning indicated in Section 17.34.020. "Alley" means a public or private way designated as an alley by the city, other than a street, permanently reserved as a means of secondary vehicular access to adjoining properties. "Apartment" means the same as "dwelling unit."
"Apartment house" means a building containing three or moremulti-family dwelling units. "Assessed value" means the then assessed value of the land, building or structure, as is shown on the current assessment role in effect as of the time of the making of the determination of such assessed value. "Assessor" means the tax assessor of the county of Los Angeles. "Assisted living facility" means the same as "residential care facility for the elderly." "Automobile repair and service garage" means a facility which provides for the repair and maintenance of motor vehicles; provided, that such facility shall not be deemed to include painting of motor vehicles, nor body and fender repair.
"Automobile wrecking" means the dismantling or wrecking of one or more used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. "Barber shop" means a place of business for a barber, whose occupation is to cut any type of hair, give shaves and trim beards.
"Basement" is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
"Beauty shop" means establishments where hairdressing, and services incidental to hairdressing are done, including the sale of beauty supplies and cosmetics. "Bed and breakfast inn" has the meaning indicated in Section 17.82.030. "Bedroom" R-2 zone. For the purpose of calculating parking requirements in the R-2 zone, the following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one family or recreation room, one dining room, and bathrooms. "Bedroom" R-3 and R-P zones. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one dining room, and bathrooms. Single-family residences located in the R-3 and R-P zones shall be subject to the bedroom definition in the R-1 zone. "Block" means all properties fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, water way, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
"Boarding house" means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreement or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence.
Such use is prohibited in all zones excluding licensed group living facilities or similar uses. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or property of any kind.
Building, Accessory. "Accessory building" means a separate, detached building, housing a permitted accessory use, located on the same lot as the main building or principal use.
Building Height. See "Height."
Building, Main. "Main building" means a building in which is conducted one or more principal uses permitted on the lot upon which it is situated.
"Building site" means: (1) the ground area of one lot or (2) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces, as required by this chapter.
"Business day" means a day on which city offices are open for regular business. "Canopy" means any structure, temporary or permanent, constructed of canvas or other cloth or material on a framework sheltering an area, or forming a sheltered walk to the entrance of a building. "Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage. "Cellar" means the same as "basement."
"Centerline" means the centerline, as determined by the city engineer, of any street, highway or alley. "Child care center" means a facility with an organized daytime program for the supervision and care of children who are not related to the person operating such facility and where the operator is not required to live on the property.
"Children's day care center" (emotionally disturbed) means a state licensed institution of no more than six beds intended solely for the admission and treatment of minors with mental illness or behavior or emotional disorders. A children's day care center is a subset of a community care facility. "City" means the city of Sierra Madre.
"City manager" means the city manager of the city.
"Clerk" means the city clerk of the city.
Club, Private. "Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a commercial enterprise. "Code" means the Sierra Madre Municipal Code.
"Commission" means the planning commission of the city. "Communications equipment buildings" mean buildings housing operating electrical and mechanical equipment utilized in conducting a public utility communications operation. "Community care facilities" are licensed by the community care licensing division of the state department of social services or similar state programs that provide non-medical residential care to children or adults who are physically disabled and/or mentally impaired who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.
Community care facilities are comprised of adult residential facility, children's day center (emotionally disturbed), group home, and residential school (developmentally disabled). "Condominium" means the same as "dwelling, multiple."
"Continuing care retirement community" is a state licensed "residential care facility for the elderly" that offers a long-term continuing care contract that provides for housing, residential services, and nursing care, usually in one location, and usually for resident's lifetime. Continuing care retirement community is a subset of a residential care facility for the elderly.
"Council" means the city council of the city.
"Court" means an area which is open and unoccupied by any building or structure, bounded on three or more sides by the exterior walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts. "Dairy" means any premises where one or more cows or goats, or any combination thereof, are kept or maintained for the purpose of producing milk.
"Detached living quarters" mean the same as "Guest house." "Director" means director of planning for the city.
"Drive-in restaurant" means a restaurant use which:
1. Has facilities to allow patrons to consume prepared food at an area outside of an enclosed building; and/or
2. Has facilities which would allow the service of prepared foods directly to a patron while that patron is in a motor vehicle, whether or not for consumption on the premises. "Disabled" as defined in state or federal law.
"Drug and alcohol recovery and rehabilitation facilities" are unlicensed homes, residences, facilities, or premises which provide housing and supportive services for persons recovering from drug and alcohol abuse in a group setting, but do not provide professional medical, psychiatric, psychological, or nursing care for the purpose of curing persons of drug or alcohol addiction. A residential drug and alcohol rehabilitation facility is a type of "sober living home." "Drug and alcohol treatment facilities" are licensed by the state department of drug and alcohol programs or similar state programs serving six or fewer persons that provide twenty-four-hour residential non-medical services to adults who are recovering from problems related to alcohol and/or drugs and need treatment or detoxification services. Individuals in recovery from drug and alcohol addiction are defined as disabled under the Federal Fair Housing Act.
Dump, Inert Solids. "Inert solids dump" means an area devoted to the disposal of nonwater soluble, nondecomposable inert solids such as natural earth, rock, sand and gravel; paving fragments; concrete brick; plaster and plaster products; steel mill slag; glass; asbestos fiber and products therefrom.
Dump, Rubbish and Refuse. "Rubbish and refuse dump" means an area devoted to the disposal of inert solid and/or decomposable organic refuse and scrap metal. "Duplex" means the same as "Dwelling, two-family."
Dwelling, Multi-family. "Multi-family dwelling" or "multiple family dwelling" means a building designed or used for occupancy, as living quarters, by three or more separate families or persons and containing one dwelling unit per separate family or person.
Dwelling, Single-family. "Single-family dwelling" means a detached building designed or used for occupancy, as living quarters, by one person or one family. "Single-family dwelling" shall also include a modular home manufactured and certified under the National Mobilehome Construction and Safety Standards Act of 1974 on a permanent foundation system approved by the city engineer.
Dwelling, Three-family. "Three-family dwelling" means a building designed or used for occupancy, as living quarters, by three separate families or persons and containing three dwelling units.
Dwelling, Two-family. "Two-family dwelling" means a building designed or used for occupancy, as living quarters, by two separate families or persons and containing two dwelling units. "Dwelling unit" means one or more rooms in a building designed and intended to be used as living quarters by one person or one family.
"Educational institution" means any public, private or parochial; elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of learning. "Emergency shelter" means any building used by a nonprofit organization to provide emergency housing and meals on a temporary basis (six months or less) to stranded, evicted, transient, or otherwise dislocated and homeless persons until a satisfactory solution to their immediate problem is found. "Engineer" means the city engineer of the city.
"Explosives" mean any explosive substance, as defined in Section 12000 of the Health and Safety Code of the state of California.
"Facilities for preparole adjustment/rehabilitation" mean any building where a program is conducted to prepare prisoners for return to the community in which they live and assist them in developing emotionally stable and economically productive lives.
"Family" means a "housekeeping unit".
"Family day care home" is a licensed facility offering an organized daytime program for the supervision and care of children in the licensees own home. Family day care homes are comprised of family day care home-small, and family day care home-large.
"Family day care home, large" means a licensed facility offering an organized daytime program for the supervision and care of nine and up to fourteen children in the licensees own home. "Family day care home, small" means a licensed facility offering an organized daytime program for the supervision and care of up to eight or fewer children in the licensees own home. "Fence" means a fence made of material other than concrete block or masonry. "First story" means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below preexisting natural grade, as defined herein, for more than fifty percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point. "Floor area" means the sum of the horizontal areas of floors of buildings measured from the exterior face of exterior walls.
Floor Area Net. "Net floor area" means the total horizontal floor area of all the floors of a building included within the surrounding walls, exclusive of vents, shafts, courts, elevators, stairways and similar facilities.
"Fraternity" means the same as "Club, Private."
Frontage, Street. "Street frontage" means the length of a lot line of a lot which abuts a street. "Garage" means any building, with three enclosed sides, provided with a closeable access door or doors, which is used or intended to be used for automobile shelter or storage.
Gender. When consistent with context, words in the masculine gender include the feminine and neuter genders.
Grade. Whenever the term "grade" is used alone, it shall refer to the most restrictive condition. "Grade, finished" means the final grade of the site which conforms to the approved plan. "Grade, natural" means prior to deposit of earth material placed by artificial means and/or prior to the mechanical removal of earth material.
"Grade, preexisting" means an established grade that exists on a site for which a legal grading or building permit was in effect for ten years prior to a request for a building, demolition or grading permit. "Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. "Group home" means a state licensed facility that provides twenty-four-hour non-medical care and supervision in a structured environment to troubled youths who exhibit social, psychological, and behavioral problems and is a subset of a community care facility.
"Guest house" means living quarters located within an accessory building, designed and utilized for the sole use of persons employed on the lot, or for temporary use by guests of the occupants of the dwelling located upon such lot. Guest houses shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit.
"Group living facilities" means any home, residence, facility, or premises which provides temporary, interim, or permanent housing for persons with mental, physical and/or developmental disabilities (as defined in state or federal law) in a group setting.
"Height" of building is the vertical distance above a reference datum measured to the highest point of the roof structure. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The lowest elevation of adjoining finished grade within a five-foot horizontal distance of the exterior wall of the building;
2. The lowest elevation of adjoining preexisting natural grade within a five-foot horizontal distance of the exterior wall of the building.
The height of a stepped or terraced building is the maximum height of any segment of the building. "Highway" means the same as "Street."
"Home occupations" mean any ongoing or repetitive business or professional use, activity or utilization of residentially zoned and improved property, by the inhabitants of said property, which is incidental and accessory to the primary residential use and does not generate an adverse impact to the surrounding neighborhood, pursuant to the provisions of Chapter 17.85 of this title. "Hospital, general" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short-term care in acute medical, surgical and obstetrical services.
"Hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway, to one or more guest rooms, which have no cooking facilities and which are designed and intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests.
"Household pets" mean, and are limited to, the following pets, maintained principally within a dwelling unit:
1. Domesticated cats;
2. Domesticated dogs;
3. Fish, without limit on number; and
4. Any bird which is:
a. Customarily kept in residence with man; and
b. Kept, at all times, within a dwelling unit; specifically, "bird" shall not include, among others, for the purpose of these regulations, chickens, hens, roosters, geese or ducks. "Housekeeping unit" means a single, integrated home-style of living together and sharing of space in a nonexclusive, noncompartmentalized lifestyle with one kitchen, one set of utilities, and one mailing address and with one front door for all persons residing at that location. "Kennel" means a place where four or more adult dogs and/or cats are kept, whether by the owner of such dogs and cats or by other persons, providing facilities and care, whether or not for compensation. An "adult" dog or cat, for the purpose of these regulations, is one that has reached the age of four months. "Kitchen" means any room or space within a building designed and intended to be used for the cooking or the preparation of food.
"Landscaping" means the planting and maintenance of natural and/or artificial trees, shrubs, vines, ground covers, flowers and lawns. In addition, the same may include natural features such as rock and stone; and structural features, including but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches; "landscaped area" means an area upon which landscaping is required by these regulations to be continuously maintained.
"Livestock" means a use involving the grazing, care and maintenance of cattle and/or horses for commercial or noncommercial purposes.
"Long-term care facility (mental disorders)" means a state licensed facility of seven-patient capacity or more intended primarily for the admission of chronic mentally ill or mentally disordered or other incompetent persons who are provided medical care, nursing services and intensive supervision.
A long-term care facility (mental disorders) is a subset of residential health care facilities (chronically ill).
"Lot" or "parcel of land" means:
1. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or
2. A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or
3. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or
4. Any parcel of real property otherwise lawfully created and dimensioned prior to October 1, 1955; or
5. Two or more lots which are combined by an appropriate recorded written instrument, or two or more lots which are combined by a common usage, shall be deemed, for all purposes, a single lot.
"Lot area" means the total horizontal area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof:
1. Any portion of said lot or parcel which serves as an access easement to any other lot or building site; or
2. Any portion of said lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line.
Lot Area, Interior. "Interior lot area" means the total lot area minus: (1) the sum of the ground floor area of all buildings located thereon, and (2) any area used for perimeter landscaping.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more streets, which streets have an angle of intersection of not more than one hundred thirty-five degrees. "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line, the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.
Lot, Interior. "Interior lot" means a lot, other than a corner or reversed corner, or through lot.
Lot, Key. "Key lot" means a lot which has a side lot line which is a common lot line with the rear lot line of a reversed corner lot.
Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
1. For a triangular or gore-shaped lot a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; and
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; and
3. In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
Lot Line, Side. "Side lot line" means any lot line which is not a front or rear lot line.
Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front line of a lot which adjoins the rear lot line of said corner lot.
Lot, Through. "Through lot" means a lot having frontage on two approximately parallel streets. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.
Average width shall be the average of the length of line drawn parallel to the "lot width line" extending toward the front and rear lot lines at ten-foot intervals, but excluding from such determination any prolongated portions of the lot used exclusively for access to a public street or for a driveway.
In computing lot width or average width, the following shall be excluded:
1. Any portion of said width which serves as an access easement to any other lot or building site; and
2. Any portion of said width which serves as an improved surface flood control project under the jurisdiction of any public agency.
"Main commercial street" means Sierra Madre Boulevard, Baldwin Avenue, and the westerly 2/3rds of East Montecito Avenue between Baldwin Avenue and Mountain Trail. "Map" means the zoning map of the city.
"Manufacturing" means the creation of a product from raw materials. "May" is permissive.
"Medical and/or dental clinic" means any facility providing health service, or medical, surgical or dental care of the sick or injured, but shall not include inpatient or overnight accommodations. "Medical clinic" includes health center, health clinic, doctors' and dentists' offices. "Mobilehome" means a mobilehome defined as such in the Mobilehome Park Law (Health and Safety Code, Section 18000 et seq.).
"Mobilehome park" means any lot where mobilehomes and/or sites are rented or leased or offered for rent or lease.
"Mobilehome site" means that portion of a mobilehome park designated for use or occupancy of one mobilehome and including all appurtenant facilities thereon. "Modular home" means factory constructed, single-family one-story detached dwellings, certified under the National Mobilehome Construction and Safety Standards Act of 1974, with approved sticker attached, and placed on full, approved foundation systems and permanently anchored thereto. "Motel" means one or more buildings containing rooms, without kitchen facilities, each having a separate entrance leading directly from the outside of the buildings or from an inner court, which rooms are designed for rental for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media; one unit, for use by a resident manager, may have kitchen facilities. "Motel" includes auto courts, motor lodges and tourist courts.
Nonconforming Building, Structure or Use.
"Nonconforming building or structure" means a building or structure, or portion thereof, which was lawfully altered or constructed in accordance with the then existing zoning regulations of the city, but which did not comply with subsequently adopted zoning regulations, or which does not conform to these regulations.
"Nonconforming use" means the utilization of any lot, building, buildings or structures, or any combination thereof, which use, when established, conformed to the then existing zoning regulations, but which did not comply with subsequently adopted zoning regulations, or which does not conform to these regulations.
Notice. Whenever written notice is required to be given by personal service thereof upon the person or persons to be notified, or by United States mail, postage prepaid, addressed to such person or persons at his last known address; such notice shall be conclusively deemed to have been given as of the time of personal service, or as of the time the same is deposited in the course of postal transmission. "Nursery (developmentally disabled)" means a state-licensed facility intended primarily for the admission of nonambulatory intellectually disabled patients, who are provided nursing services primarily in crib accommodations serving six or fewer persons. Nursery (developmentally disabled) is a subset of residential health care facilities (chronically ill).
"Nursery school" means the same as "child care center." "Oath" includes affirmation.
Commented [c1]: Consider in context of City Council
Direction #5: Do not include Montecito with regulations for Commercial Code.
"Open space" means an area other than a required yard area, driveway or off-street parking facility, which has no building or structure located therein, except for those used exclusively for recreational purposes. To meet the requirement of open space such area, referred to as usable open space, shall meet the following:
If the same is located upon the ground, or upon the roof of a subterranean garage, such contiguous area shall not be less than five hundred square feet in area; and If the roof of such subterranean garage is utilized for such open space all such roof areas may be utilized for such open space provided that the same is not in excess of two feet above the grade of the lot immediately adjacent thereto; and
That where such open space is located on any roof area, other than a subterranean garage, not to exceed twenty-five percent of such roof area may be utilized to meet the open space requirement. "Operator" means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules and governing behavior or the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management or leasing of the property and that does not otherwise meet the definition of operator.
Parking Space, Off-Street. "Off-street parking space" means a readily accessible area on a lot, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one automobile.
"Perimeter landscaping" means any landscaping required by the provisions of this code which is adjacent to, and runs substantially parallel with, any property line of the lot for which such landscaping is required.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, public agency, public utility, or any group or combination acting as a unit; "person" shall not include the city. "Plural." When consistent with the context, words in plural include the singular. "Principal use" means a use specifically allowed of right in any one or more of the zones set forth in this title.
“Primary use” or "principal use" means the main purpose for which a lot is developed and occupied, including the activities that are conducted on the lot a majority of the hours during which activities occur. "Preschool child care center" is a licensed facility that serves children ages two to four. "Prime storefront area" means that portion of a building located on the first floor, from the property line facing a main commercial street back to a depth of 50 feet. "Processing" means, when used in reference to a commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more salable or usable.
"Quarry" means any place on a lot where dirt, soil and gravel, rock or other similar material is removed by excavation or otherwise; "quarry" shall not include the excavation and removal of materials from a lot preparatory to construction of a building for which a building permit has been issued and remains in full force and effect; provided, that such excavation is confined to that necessary for such building construction. "Recorder" means the county recorder of the county of Los Angeles. "Regulations" means the provisions of this title.
"Residential care for the chronically ill" is a facility that provides care and supervision to adults who have terminal illness and is a subset of residential health care facilities (chronically ill). "Residential care facility for the elderly" means a licensed housing arrangement chosen voluntarily by persons sixty years of age or over, or their authorized representative, where varying levels and intensities Commented [c2]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under sixty years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316 of the Health and Safety Code. Residential care facilities for the elderly are comprised of assisted living facilities, and continuing care retirement communities. Facilities serving six or fewer persons are allowed in residential zones. "Residential/commercial mixed-use" means developments which integrate residential and commercial uses within a single project. Mixed-use developments include projects where housing is developed above commercial ("vertical" mixed-use), as well as projects where residential and commercial uses are developed side-by-side ("horizontal" mixed-use).
"Residential health care facilities (chronically ill)" are licensed by the state department health services and state department of mental health serving six or fewer persons. These include congregate living health facilities, which provide in-patient care who may be terminally ill, ventilator dependent, or catastrophically and severely disabled, and intermediate care facilities for persons who need intermittent nursing care.
Residential health care facilities (chronically ill) are comprised of adult residential facilities for persons with special health care needs, long-term care facility (mental disorders), nursery (developmentally disabled), and residential care for the chronically ill.
"Residential school (developmentally disabled)" means a state-licensed facility intended primarily for the admission, care, and treatment of educable and trainable developmentally disabled patients. The facility shall provide an educational program on the premises as one of its services. Residential school is a subset of a community care facility.
"School aged child care facility" is a state licensed facility that serves children ages five to seventeen. "Secretary" means the secretary of the commission.
"Service station" is a retail place of business engaged primarily in the sale of motor fuels, but also engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. Such goods and services include sale of petroleum products; sale and servicing of tires, batteries and automotive accessories; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, and automobile or truck rental or storage shall not be deemed permitted as a part of such service station usage. "Shall" is mandatory.
Singular. When consistent with the context, words in the singular number shall include the plural. "Solid fill" means any combustible materials, insoluble in water, such as soil, rock, sand or gravel that can be used for grading land or filling depressions.
"Solid fill project" means any operation which involves the importation and deposit of one thousand or more cubic yards of solid fill material, on a lot, for the purpose of reclaiming such lot or portion thereof. "Sorority" means the same as "club, private."
Stable, Private. "Private stable" means a detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale. "Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
"State" means the state of California.
"Story" means 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 or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above pre-existing or natural grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, such useable or unusable underfloor space shall be considered as a story. "Street" means a public or private way permanently reserved as a primary means of vehicular access to adjoining property; "street" shall not include an "alley." Street Frontage. See "Frontage, street."
"Structural alterations" means any change in the supporting members of a building such as foundation, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in roof or exterior lines. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
Except: Fences or walls less than three feet in height located in any required yard area, provided the same are not adjacent to any property line and do not interfere with, divert, block or channel surface water run-off. All fences and walls (regardless of height) adjacent to property lines and those which interfere with, divert, block or channel surface water run-off. All fences and walls (regardless of height) adjacent to property lines and those which interfere with, divert, block or channel surface water run-off shall not be excepted.
"Supportive housing" means housing with no limit on length of stay that is occupied to the target population as defined in the Health and Safety Code 53260(d), which provides services for six or fewer persons and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her heath status, and maximizing his or her ability to live, and when possible, work in the community.
Tenses. When consistent with the context, words used in the present tense include the past and future tenses and words in the future tense include the present tense. "Tent" means any structure, temporary or permanent, constructed of canvas or other cloth or material attached to, and encloses, a framework that is intended to provide shelter to an area.
Trailer, Automobile. "Automobile trailer" means a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same uses as an automobile trailer without motor power.
Trailer Park, Trailer Court and Public Camp. Any or all of them shall mean any area or tract of land used or designed to accommodate one or more automobile trailers or one or more camp parties, including tents or other camping outfits and including trailer camps as defined by state law. "Transfer station" means an area, including any necessary building or structures, for the temporary storage and the salvage of rubbish, garbage or industrial waste. "Target population" is defined as adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health problems; and persons eligible for services under the Lanterman Development Disabilities Act, which provides services to persons with developmental disabilities that originate before the person turned eighteen. "Transitional housing" means rental housing provided to facilitate the movement of homeless individuals or families to conventional housing. Transitional housing may take the form of single-family or multi-family units, and may include supportive services operated under program requirements to allow individuals or families to gain necessary life skills in support of independent living. This type of housing may be occupied by a program recipient for a minimum of six months up to a maximum of two years, at which time it may be recirculated to another eligible program recipient. "Triplex" means the same as "dwelling, three-family."
"Use" means the utilization of a lot, building, structure or any combination thereof. "Wall" means a concrete block or masonry wall.
"Writing" includes any form of message recorder in English and capable of visual comprehension. "Yard" means an open space, other than a court bounded on three or more sides by the exterior walls of a building, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. Wherever in this chapter required yards are prescribed, the same shall be established from the boundary line of such lot or parcel; provided, that the following shall be excluded, and the boundary line shall be deemed to be the interior line of:
1. Any portion of said lot or parcel which serves as an access easement to any other lot or building site;
2. Any portion of said lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
Yard, Front. "Front yard" means an area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curbed front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in a manner prescribed in this definition.
Yard, Rear. "Rear yard" means a yard extending across the full width of a lot, immediately adjacent to the rear lot line thereof. The depth of a required rear yard shall be the specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot.
Yard, Rear Line of Required Front. "Rear line of required front yard" means a line parallel to the front lot line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot.
Yard, Required Setback. For purposes of the restriction of any structure exceeding forty-two inches in height, the term "setback" includes any required yard, front, side or back.
Yard, Side. "Side yard" means a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the beginning of the required rear yard line, and at right angles to the nearest point of a side lot line towards the nearest part of a main building.
"Zoning map" or "map" means the official zoning map of the city. (Ord. 1234 §§ 1, 2, 2005; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1185 § 2 (part), 2000; Ord. 1184 § 2, 2000; Ord. 1161 § 2A, 1998; Ord. 1136 § 1, 1997; Ord. 115 § 5, 1995; Ord. 1084 § 1 (part), 1992; Ord. 1035 § 1, 1987; Ord. 1024 § 1, 1986; Ord. 996 § 1, 1982; prior code § 9121) (Ord. No. 1282, § 1, 10-28-08; Ord. No. 1352, §§ 1—3, 2-11-14; Ord. No. 1354, § 2, 6-10-14; Ord. No. 1379, § 1, 9-27-16; Ord. No. 1385, § 1, 2-14-17; Ord. No. 1389, Exh. A, § 1, 7-11-17) Chapter 17.20 - R-1 ONE-FAMILY RESIDENTIAL ZONE
Sections:
17.20.015 - Definitions.
In addition to the definitions contained elsewhere in this title, the words and phrases set forth below shall be given the following meanings for the purposes of this chapter:
"Attic" means the area located between the uppermost plate and the roof or ridge of a structure. "Basement, full" means basements that do not extend more than twelve inches above adjacent grade at any point around the perimeter of the structure as measured from the ceiling of the basement to the adjacent grade.
"Basement, partial" means basements that do not extend more than an average of three feet above the lower of natural, pre-existing or finish grade, and not more than eight feet at any point around the perimeter of the structure, as measured from the ceiling of the basement to the adjacent lower of natural, pre-existing or finished grade.
"Bedroom." For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one family or recreation room, one dining room, and bathrooms. "Driveway" means an area of pavement or other pervious or impervious surface that provides vehicular access from an alley, public or private street to a parking area, garage or carport on a parcel. "Flag lot" means a lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access corridor or way to the main body of the lot from the street of access.
"Gross floor area" means the sum of all horizontal areas of floors covered by solid roof including first and second floors, attic spaces over 7.5 feet in height, basements, lofts, guest houses, garages, carports, patios, porches, balconies, barns, gazebos, and raised decks which are higher than 7.5 feet from natural or pre-existing grade as measured from the perimeter of the structure. Further, the area of interior spaces over sixteen feet in height shall be counted as double the floor area (see Diagram A), except for stairways and elevator shafts, which shall only be counted once. The horizontal floor area of vents, shafts, and courts shall be included in the calculation of gross floor area.
Gross floor area shall be measured from the exterior face of exterior walls. In cases where there is no wall, the measurement should be from the exterior face of the supporting posts; for cantilever-covered areas, the gross floor area shall be measured from the edge of the roof eaves excepting any roof eave exemptions, as provided below. The following shall not be computed towards floor area:
1. Roof eaves up to four feet in projection. Roof eaves that exceed four feet in projection but not more than six feet in projection may be excluded from the total floor area calculation subject to approval of an administrative design review permit pursuant to Chapter 17.60.
2. Full basements.
3. Partial basements, subject to the approval of an administrative design review permit pursuant to the requirements of Chapter 17.60.
4. Attic areas that meet all the following requirements:
(i) Areas with vertical clearance of five feet or greater that are less than sixty percent of the surface of the building footprint, including dormer areas; (ii) Areas which do not include any doorway entrance that leads to an adjacent rooftop deck, patio attachment and/or exterior staircase;
(iii) Areas which do not include an individual dormer which has a width greater than seven feet; (iv) The combined width of all dormers along a roofline do not exceed fifty percent of the width of the roofline; and
(v) No portion of any dormer is higher than the main roofline of the house.
5. Porches on the ground floor that are attached to the primary residence, face the street (not fronting on common side or rear property lines), and are not enclosed between the heights of three feet and seven feet, with the exception of posts and building face or faces to which the porch is attached.
"Habitable attic space" means an attic space with an occupiable floor area of at least seventy square feet, a minimum vertical clearance of seven feet and an average height of 7.5 feet, and which meets minimum lighting, heating, ventilation and access requirements. "Lot coverage" means the area of land covered by solid roofed structures, whether habitable or nonhabitable, including, but not limited to: building footprints of a single-family dwelling, detached garages, barns, covered patios, and other solid roofed accessory structures constructed on a foundation whether above, below, or at grade level. Raised decks which are over seven feet six inches from grade shall be included in the lot coverage calculation.
"Lot line, front". "Front lot line" means a lot line parallel to, and abutting, the right-of-way providing primary access to the property, except in the case of nonstandard lot configurations such as flag lots, irregularly shaped lots, reverse corner lots, or properties where access is provided by easements or private roads. In such nonstandard instances, the front lot line or lines shall be determined by the director of development services, or his/her designee, based on the character of other improvements in the vicinity; however, in no case, may the front lot line fall within any portion of any recorded easement or access corridor.
Chapter 17.36 - C COMMERCIAL ZONE[5]
Sections:
Footnotes:
--- (5) ---
Editor's note— Ord. No. 1296, § 1, adopted July 28, 2009, amended chapter 17.36 in its entirety to read as herein set out. Former chapter 17.36, §§ 17.36.010—17.36.210, pertained to similar subject matter and derived from Prior code §§ 9450—9455; Ord. 973, § 2(part), 1980; Ord. 984, § 6, 1981; Ord. 1041, § 1(part), 1988; Ord. 1051, § 4(part), 1989; Ord. 1084 § 1 (part), 1992; Ord. 1113 § 3, 1994; Ord. 1116 § 3, 1994; Ord. 1133, § 4, 1996; Ord. 1135 § 4, 1996; and Ord. 1214, § 2(Exh. 1(part), 2004.
17.36.010 - Criteria for commercial zoning.
The following criteria are established to assist citizens, staff, planning commission and city council in the administration and application of the downtown commercialC zone.
A. General or Other Adopted Plans. Compliance with the general plan or other plans or programs adopted by the city shall be demonstrated. Development on properties exceeding one acre in size shall require the adoption of a comprehensive plan.
B. Location. Downtown bBusiness areas shall be concentrated in the existing downtown portion of Sierra Madre.
C. Need. A demonstrated public need shall be established within the general area.
D. Design. The design or redesign of any structure shall comply with the standards established herein or in any adopted plan or program of the city.
E. Utilities, Streets, Sidewalks, Etc. The existing utilities systems (water, sewer, drainage, electrical, gas, lighting and communication facilities) and street and sidewalks are adequate, or new facilities will be constructed to serve the downtown adequately.
F. Economic Development. Commercial businesses and uses located in the commercial (C) zone must demonstrate that generate revenue will be generated tofor the city and/or redevelopment agencyare encouraged.
(Ord. 1296, § 1, 7-28-09; Ord. No. 1331, § 1, 8-14-12)
17.36.015 - Definitions.
For the purpose of this chapter, the words, phrases and terms shall be deemed to have the following meanings:
"Commercial Zone Use List" means a list of uses allowed in the C zone that fall within the use categories set forth in the table in Section 17.36.020.
"SRO" or "single room occupancy" means a small, one room dwelling unit intended to be occupied by one resident. An SRO may have shared or private kitchen and bathroom facilities, but must provide sufficient private accommodations to allow independent living and otherwise qualify as a dwelling unit under this code and state law. SROs are typically rented on a monthly basis without rental deposit, and can provide an entry point into the housing market for extremely low-income individuals, formerly homeless and disabled persons.
17.36.020 - Permitted uses and uses permitted by conditional use permit.
TheA. Unless otherwise restricted or prohibited by this code, the following usesuse categories shall be permitted in the Commercial Zone where the symbol "C zone if noted in the “P" appearscolumn, and shall be permitted upon approval of a minor conditional use permit whereif noted in the “MCUP” column or conditional use permit if noted in the "CUP" symbol appears, column, respectively, and in either case pursuant to Section 17.60. All such uses shall be within an enclosed building unless specifically stated otherwise. All other uses are prohibited, provided, however, that the director of development services may determine that any use not listed is similar to a listed use and to be treated in a similar manner. In the event that there is ambiguity as to the appropriate classification of a particular use, the planning commission shall consider the matter and shall recommend to the city council the appropriate clarification of such ambiguity, pursuant to Section 17.12.030. A list of all approved similar use determinations shall be kept on file in the development services department. The required permit for some uses varies based upon the amount of floor area occupied by such use, and numbers in the table below represent square feet of floor area of such use. If a use occupies exactly the threshold amount of floor area, the lower permit shall be required (for example, a retail store with exactly 2,500 square feet of floor area would be permitted, and one with exactly 5,000 square feet of floor area would require a minor conditional use permit). Some use categories are further subdivided into subcategories of “general” or “limited”, with the latter indicating a greater need for discretionary review due to its potential for nuisance, intensity, overconcentration, blighting, and/or deteriorating effect upon surrounding areas.
A Retail Sales
Alcoholic beverage sales, whether for consumption on or offsite and whether alone or in conjunction with other uses CUP
Antique stores P
Apparel shops and accessories P
Appliance stores (household) P
Art galleries P
Art supply stores P
Bakery shops P
Bicycle shops P
Bookstores P
Confectionary or candy stores; candy making only when incidental to retail sales from premises P
Convenience stores (no liquor sales) P
Delicatessens P
Department stores (a store having separate sections for a wide variety of goods) CUP Commented [c3]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #2: Do not regulate similar uses and similar business impacts
differently; apply sensible regulation.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Electronic stores (home and office, including repairs) P Florist shops P
Flower sales, outdoor P
Furniture stores (no on-site manufacturing) P
Gift, novelty, card and souvenir shops P
Glass shops (including edging, beveling, silvering and staining CUP Grocery stores CUP
Gun shops CUP
Hobby stores P
Home improvement and construction products store CUP
Ice cream stores P
Jewelry stores P
Meat markets P
Music stores P
Newsstand P
Notions or sundries store P
Pet sales (excludes dangerous animals and fish, venomous reptiles and the like) CUP Pet supply store, excluding sale of pets other than tropical fish or goldfish P Pottery sales P
Secondhand sales P
Shoe stores P
Sporting good stores P
Stamp and coin stores P
Stationary stores, including mail services P
Supermarkets CUP
Tobacco shops CUP
Toy stores P
B Office Uses
Office uses of the business, administrative, service, consulting or professional type P c Service Establishments
Barber and beauty shops P
Bars and cocktail lounges CUP
Catering services CUP
Clothing and costume rental establishments P
Day/health spas P
Dry cleaning, press or laundry CUP
Health clubs or centers, exercise gymnasiums, fitness studios CUP Lodging - hotels, motels CUP
Locksmith shops P
Machinery equipment and rental services CUP
Mail order houses, internet sales, ecommerce P
Massage therapy P
Medical office, clinics, outpatient CUP
Medical laboratories, research CUP
Nail salon P
Print shops CUP
Pet grooming P
Pharmacy, drug stores P
Photography studios P
Photocopying/duplicating services P
Picture framing stores P
Restaurants CUP
Restaurants and cafes having on-sale license for beer, wine, or other alcoholic liquors in conjunction therewith CUP
Shoeshine stands (in association with shoe stores and must be located within enclosed building P
Shoe repair shops P
Tailor shops P
Transfer, moving and storage of furniture, household and business records goods CUP Travel agencies P
Veterinary clinics, small animal including incidental boarding CUP D Financial Institutions
Banks P
Savings and loan associations P
Finance companies P
E Educational Facilities
Barber and beauty colleges CUP
Business schools CUP
Dancing, art, music, and similar training schools CUP
Professional/vocational schools CUP
F Outdoor Displays and Sales Uses
Plant nurseries and related package sales or storage, located within private property CUP G Recreational and Entertainment Facilities
Circuses, carnivals, fairs CUP
Billiard parlors CUP
Bowling alleys CUP
Parks, playgrounds, and other commercial recreation facilities open to the public which are privately owned and operated CUP
Private clubs, fraternities, sororities and lodges CUP
Theaters (excluding open air) CUP
H Automobile and Transportation-Related Establishments
Car wash, automated and manual CUP
Painting, detailing service CUP
Parking (surface lot, structure) CUP
Rental or storage facilities CUP
Repair and/or body shops (shall be within enclosed building only) CUP Service stations (fueling stations) CUP
Utility trailer and truck rental CUP
I Residential Uses
Residential uses, including transitional and supportive housing, other than on the ground level, which are consistent with the standards of Chapter 17.28 of this code and any alterations to those standards as may be approved pursuant to a permit issued under this chapter, and except as otherwise provided for parcels subject to Chapter 17.35.
CUP
J Adult Businesses
Consistent with the standards contained in Section 17.36.025. P K Uses set forth in Section 17.60.030(A) CUP
Retail Sales P MCUP CUP
Retail sales, general ≤2,500 2,500-5,000 5,000+
Retail sales, limited All
Office Uses1 P MCUP CUP
Offices uses, general ≤5,000 5,000+
Service Establishments2 P MCUP CUP
Service establishments, general ≤2,500 2,500-5,000 5,000+ Service establishments, limited All
Financial Institutions P MCUP CUP
Financial institutions, general ≤5,000 5,000+
1 See also Section 17.36.030(B) for additional rules regarding office uses. 2 See also Section 17.36.050(B) for additional rules regarding lodging establishments.
Commented [c4]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #2: Do not regulate similar uses and similar business impacts
differently; apply sensible regulation.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Commented [c5]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #2: Do not regulate similar uses and similar business impacts
differently; apply sensible regulation.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Educational Facilities P MCUP CUP
Educational facilities, general, ≤5,000 5,000+
Recreational and Entertainment Facilities P MCUP CUP
Recreational and entertainment facilities, general ≤5,000 5,000+ Automobile and Transportation-Related
Establishments P
MCUP CUP
Automobile and transportation-related establishments,
general
All
Residential Uses3 P MCUP CUP
Residential uses all
Adult Businesses4 P MCUP CUP
Adult businesses all
B. All use categories not listed above and all specific uses not listed in the Commercial Zone Use List are prohibited in the C zone. The director is authorized to exercise his or her authority under section 17.12.160, to fit an unidentified use within a specific use or use category. The director’s administrative interpretation must make the following findings:
1. The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;
2. The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;
3. The proposed use will not adversely impact the public health, safety, or general welfare of the city’s residents; and
4. The proposed use shares characteristics common with, and is not of a greater intensity or density, than those listed in the zoning district in which it is to be located.
3 See also Sections 17.36.030(A) & 17.36.050 for additional rules regarding residential uses. 4 See also Section 17.36.025 for additional rules regarding adult businesses.
Commented [c6]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #2: Do not regulate similar uses and similar business impacts
differently; apply sensible regulation.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Notwithstanding anything else to the contrary, sales of alcohol and tobacco, whether for consumption on or offsite and whether alone or in conjunction with other uses (such as a retail store, restaurant or a newly added use) shall require a conditional use permit. (Ord. 1296, § 1, 7-28-09; Ord. No. 1335, § 2, 6-11-13; Ord. No. 1352, § 8, 2-11-14)
17.36.025 - Adult businesses.
The following standards apply to adult businesses in the C zone:
A. An "adult business" is defined as any business which is, at any time or times, conducted exclusively for the patronage of adults from the premises of which minors are specifically excluded by law or the owner or person in possession of the premises. This definition shall exclude any use pre-empted by state law or licensed by the state.
B. "Sexually oriented" shall mean any use, display, sale, product, book, treatment, manipulation, projection, machine or other device, the principal, advertised, and emphasized purpose, use or manifestation of which is gratification, education, entertainment, observation, reading, or other stimulus, excitation, or study of explicit human heterosexual, homosexual, or other sexual activity or simulation or depiction thereof.
C. "Sexually oriented adult business" shall not be permitted on any recorded lot within six hundred feet of a church nor within six hundred feet of a public or private school for the academic education of children nor within three hundred feet of residentially zoned property.
D. In the event any prohibition set forth in subsection (C) of this section is held by any court of jurisdiction to be invalid or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use requiring a conditional use permit pursuant to the provisions of the zoning code of this city and an Environmental Impact Report pursuant to the California Environmental Quality Act.
(Ord. 1296, § 1, 7-28-09)
17.36.027 - Other uses and construction activities.
In addition to those specified in this chapter, a number of other uses and construction activities are allowed in the C zone pursuant to, and in accordance with, other provisions of this title. Such uses and construction activities may be permitted of right or require discretionary review and approval in accordance with such other provisions. A subset of such uses and construction activities and their corresponding code references are listed below for reference purposes only.
A. Demolitions - Section 15.04.115 and Section 17.60.056; B. Certain conditionally permitted uses - Section 17.60.030; C. Signs - Chapter 17.72;
D. Home occupations within residential uses - Chapter 17.85.
E. Temporary uses - Chapter 17.88; and
F. Wireless communication facilities - Chapter 17.93
17.36.030 - New construction; additions, and building alterations.
A. Any new construction, addition of floor area to an existing building, or enlargement of an existing building in the commercial zone shall require approval of a conditional use permit, pursuant to the provisions under Section The following activities shall only be permitted with a design review permit, obtained in accordance with Chapter 17.60.;
1. Additions of floor area in excess of 1,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise; and
2. Single-family home projects that result in aggregate floor area of all structures exceeding 3,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise (additionally, such projects shall require Finding D.8. of Section 17.60.041 be made).
B. Exterior facade alterations and interior alterations to an existing building which does not involve the expansion of floor area or an increase or intensification of activity, as determined by the development services director, do not require a conditional use permit under 17.60. However, The following activities shall only be permitted with an administrative design review permit, obtained in accordance with Chapter 17.60:
1. Construction in excess of either one story or 20 feet in height;
2. Additions of floor area in excess of 500 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise;
3. Significant exterior facade alterations fronting a main commercial street which, as determined by the director, have the potential to alter materially the character of an existing main building; and
4. Office uses newly locating within the prime storefront area.
C. The following activities do not require a design review permit or administrative design review permit under Chapter 17.60; provided however, that the appropriate building permits, if required, must be obtained.:
1. Interior alterations to an existing building;
2. Additions of floor area of 500 square feet or less, whether from new construction, addition to or enlargement of an existing building, or otherwise; and
3. Minor exterior facade alterations fronting a main commercial street which, as determined by the director, do not have the potential to alter materially the character of an existing main building, and all exterior facade alterations not fronting a main commercial street. (Ord. 1296, § 1, 7-28-09)
17.36.035 - Drive-through business prohibited.
Henceforth, the city shall not allow new drive-through business establishments, that is, business establishments which provide service to customers in a motor vehicle. (Ord. 1296, § 1, 7-28-09)
17.36.040 - Downtown dDesign criteria.
The following design criteria shall be applied to all development within the C zone. Downtown Design Standards:
A. Architectural Style and Character. All future construction, exterior remodeling, development and redevelopment shall be of such architectural design as to enhance the site and surrounding environment and be consistent with the desired overall community values as stated in the General Plan. Approval of each design as to its compliance or compatibility with these standards must be obtained from the development services director prior to the granting of any building permit.
B. Materials and colors. Materials, colors and textures generally shall be compatible with those of adjacent and other nearby buildings and the overall character of the downtown area. The followinguse of traditional building materials or those determined by the development services director to be similar to them shall be utilized in all construction in the commercial zone:
1. Roof materials intended to be viewed, including but not limited to clay tile or slate; Commented [c7]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Commented [c8]: 17.36.040 – 17.36.190
Downton Design Criteria
Consider in context of City Council Direction (1-5)
The City Council did not direct the Planning Commission to make any changes or updates to design criteria, however, the City Council did ask the Planning Commission to make updates to Design Review to reduce subjectivity and
regulation. Should the City Council want to include design criteria in the Commercial Code, or elsewhere in the City Code, it could be considered during the design review
permit meeting on October 27.
Design criteria included should adhere to the Council
direction to the Planning Commission for the criteria to be objective with limited regulation.
2. Brick,such as tile, textured concrete, color-tinted concrete or exposed aggregate patios and walkways;
3. D, decorative masonry materials such as bricks, stone or slump stone;
4. Heavy rough textured(brick, river rock), wood beams, headers, trim and siding;
5. Textured, and stucco is encouraged. Natural colors are encouraged. Use of decorative and permeable paving materials is encouraged.
C. Colors. Earth tone or natural colors shall be utilized throughout with the use of bright, nonpastel colors for the purpose of accent; however, such accent colors shall not be used to such a degree as to become the dominant color of any structure. Pedestrian friendly. Project design should accommodate and encourage pedestrian activity rather than be car-centric, including:
1. The ground floor elevation of commercial spaces facing the sidewalk should be visibly and physically penetrable by placing windows and doorways at the street elevation;
2. The use of awnings, overhangs, porticoes, trellises, and other design elements which provide protection to pedestrians is encouraged;
3. The use of architectural design elements and details to provide interest along the sidewalk is encouraged;
4. Front elevations shall be designed to mimic small individual storefronts even if one business intends to occupy the entire space. This may be accomplished using vertical design elements to break up the façade;
5. The development of outdoor spaces for dining and public gathering spaces is encouraged; and
6. Parking in the front yard is discouraged, especially along a main commercial street.
D. Landscaping. All site landscaping shall be so designed with both form and function in mind and not just as a decorative element. Desirable aspects of landscape design that are:
1. Plant material selection for seasonal color;
2. Low maintenance and drought-tolerant plant materials;
3. Use of ground cover plant materials rather than nonplant substitutes;
4. Permeable paving and water harvesting features; and
5. Use of native treesplants when appropriate.
E. Signs. All signs shall be designed as an integral part of the overall architectural design theme of the building through the use of similar materials and colors, as well as proportionate size and location. Signage shall also comply with Chapter 17.72.
F. Articulation. Outside of the prime storefront area and the second floor above it, (i) articulation of exterior walls is encouraged; and (ii) in no event shall a linear wall of a second story extend longer than thirty-five feet without an offset of a minimum of five feet for a minimum linear distance of ten feet (see illustration below).
Commented [c9]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Illustration of Minimum Second Story Articulation
G. Views. Preservation of public and private views is encouraged, especially mountain views that could potentially be blocked by structures on the north side of Sierra Madre Boulevard. Building design techniques that may be employed to preserve view include setting back the front facade of the second story, having a second story that spans less that the full width of the lot, varying building heights, or other building articulation (see illustrations below).
Example Illustrations of View Preservation Techniques
H. General. The following apply to all development in the C zone:
1. Architectural treatment shall be applied to all building elevations;
2. ReviewThe design of a proposed designproject shall be related to the surrounding existing development with greater emphasis placed upon compatibility with adjacent development related to:
a. Bulk or mass and height,
b. Colors,
c. Building materials,
d. Roof lines,
e. Access,
f. Views,
g. Landscaping.
I. From time to time, the planning commission may promulgate and maintain site design and massing guidelines for use by applicants and the city to guide appropriate development in the C zone.
(Ord. 1296, § 1, 7-28-09)
17.36.050 - Standards of development—Generally.Residential/Commercial Mixed-Use.
The development standards set forth in the following sections of this chapter shall apply to all construction within the C zone. A. All residential uses allowed in the R-3 Zone in accordance with Chapter 17.28 and SROs are permitted outside of the prime storefront area. Residential uses are prohibited in the prime storefront area except for entries, hallways, stairwells and/or other necessary accessways thereto.
ALTERNATE A. All residential/commercial mixed-uses allowed in the R-3 Zone in accordance with Chapter 17.28 and SROs are permitted. The residential component of a mixed-use project shall not have dwellings located on the ground floor. Lobbies, entries, hallways, stairwells and/or other necessary accessways thereto may be allowed on the ground floor.
B. Maximum residential density shall be thirteen units per acre. In addition to dwelling units, this limit applies to bed and breakfast inn, hotel or motel guest rooms with full kitchen facilities.
C. Mixed-use projects shall be designed to provide compatibility between residential and nonresidential uses, and to minimize the effects of noise, odors, glare, vehicular traffic, privacy intrusion, and other potentially significant impacts on project residents. (Ord. 1296, § 1, 7-28-09)
17.36.060 - Size area.
Every lot created after the effective date of this chapter shall have a minimum lot area of three thousand seven hundred fifty square feet.
(Ord. 1296, § 1, 7-28-09)
17.36.070 - Yards and building setbacks.
Commented [c10]: Consider in context of City Council
Direction #2: Do not regulate similar uses and similar
business impacts differently; apply sensible regulation.
Consider in context of City Council Direction on Design Review.
Commented [c11]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
Alternate A meets the policy goals of the City Council: not favoring one business use over another; leveling the playing field.
A. Front Yard. There shall be a front yard having a minimum depth of five feet extending across the full width of the lot. No front yard shall be required adjacent to a main commercial street. Elsewhere, non-residential uses shall have a minimum front yard depth of five feet, and residential uses shall have a minimum front yard depth of fifteen feet. Although not required, varied building set backs to allow for outdoor dining and sales uses, landscaping, and/or decorative paving are encouraged on long street frontages.
B. Side Yard. Side yards adjacent to a street or alley shall be No side yard shall be required adjacent to prime storefront areas or the second floor above them. Elsewhere, side yards shall be not less than ten five feet in width.
C. Rear Yard. There shall be a rear yard of not less than fifteen feet in width; however, a maximum of ten feet of said rear yard may be used for off-street parking.
D. Yards Adjacent to Residential-1 Zones. If either the side or rear yards are adjacent to any residential zone or use, a minimum of ten feet of the required yards shall be landscaped with specimen plants and trees (minimum fifteen gallon stock) to create a solid plant screen as represented on a landscaping plan approved by the development services director. Yards abutting an R-1 zoned property shall have a minimum depth of ten feet, and an encroachment limit shall be established which is determined at the point where the wall height is twenty feet, and using a forty-five-degree angle inwards toward the property to create additional setback (see illustration below). (Ord. 1296, § 1, 7-28-09)
17.36.080 - Building and site coverage.
Coverage of any parcel by roofed structures shall not exceed eighty percent, exclusive of all existing or required streets, sidewalks and alleys.
Illustration of Angle Plane Encroachment Limit
Commented [c12]: Consider in context of City Council
Direction #1: Do not favor certain business uses as; level the playing field.
Consider in context of City Council Direction #3: Do not limit the type, use, or location of businesses; Use a market-based approach.
E. Encroachments into setback areas:
1. Garages and other one-story accessory structures may be constructed within five feet of a side or rear property line where the difference between adjoining grades does not exceed one foot and is not adjoining an R-1 zoned property.
2. Walls and fences in accordance with Section 17.48.130.
3. Balconies and Exterior Stairways. No more than one-half of the balconies and exterior stairways shall be permitted to project more than fifty percent of the minimum setback requirement into any required setback areas. The minimum setback from any property line abutting R-1 zoned property shall be ten feet.
4. Swimming pools, hot tubs, spas and similar recreational facilities may be located no closer than five feet from the rear or side property lines, or twenty-five feet from the front property line.
5. Other encroachments into setback areas may be allowed with approval of a design review permit in accordance with Chapter 17.60 upon the additional finding by the planning commission that requiring strict compliance would run contrary to the purposes of this chapter and allowing such encroachment would substantially advance the purposes of this chapter.
17.36.080 - Building and site coverage; floor area.
A. Coverage of any parcel by impermeable surfaces (such as traditional structures, driveways, paving, and sidewalks) shall not exceed sixty-five percent of gross lot area. Permeable patios, porous paving areas, hard surfaces equipped with rain catchment and infiltration/retention features, vegetated roof areas and other porous surfaces shall not be considered covered areas for the purpose of this standard.
B. The floor area of all above-ground buildings and structures (including garages and other non‐ habitable areas, but excluding basements and other fully‐subterranean spaces) shall be limited to one hundred percent of gross lot area.
(Ord. 1296, § 1, 7-28-09)
17.36.090 - Height and story limit.
No building structure shall exceed a height of thirty feet and no building structure shall exceed two stories in the C zone.
(Ord. 1296, § 1, 7-28-09)
17.36.100 – Parking.
A. Off-street parking.
All off-street parking shall be provided in accordance with Chapter 17.68 of this code.
B. Parking should generally be located behind or under buildings, rather than in the front yard.
Above-ground parking areas should be screened and otherwise incorporate attractive and appropriate landscaping. In addition to street access, businesses should provide pedestrianfriendly access from parking areas. Where possible, projects are encouraged to improve pedestrian access from public parking areas to commercial uses, particularly access from the parking lot on Mariposa Avenue to the commercial uses on the south side of Sierra Madre Boulevard, and to encourage the use of available public parking. (Ord. 1296, § 1, 7-28-09)
17.36.110 - Landscaping.
The provisions of Chapter 17.68 shall apply in addition to the following:
A. All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, approved outdoor seating and sales areas, and paved or covered recreational facilities shall be landscaped and irrigated. Such landscaping and irrigation system shall be permanently maintained.in an attractive manner. Existing trees to be removed shall be replaced with a substitute specimen trees (minimum thirty-inch box container size) elsewhere on the site.
B. All planted areas shall be surrounded by a curb of concrete or comparable material at least six inches above the higher of the final grade or the pavement of the parking lot, except when such planted areas lie adjacent to a paved sidewalk, masonry wall or a building. Landscaping should incorporate drought-tolerant plants and water-harvesting features, and must adhere to the city's adopted water efficient landscape standards pursuant to Chapter 15.60.
C. Landscaping shall consist of trees, shrubs and ground covers with careful consideration given to eventual size, form, susceptibility to disease and pests, durability, water consumption and adaptability to soil and climate conditions. Street trees shall be provided to city standards and in accordance with the master plan for street trees, or with current practices established by the director of public works.
D. A landscape plan drawn at a scale of not less than one inch to thirty feet shall be submitted and shall include: For all projects that are required to comply with water efficient landscape standards, a conceptual landscape plan prepared by a licensed landscape architect shall be submitted to the planning department together with the project's first application and shall be drawn to a scale of not less than one inch equals twenty feet. Said plan shall include the following information:
1. Square footage of each landscaped area;
2. Total square footage of all landscaped areas;
3. Percentage of the site devoted to landscaping;
4. Type of plant materials, i.e., the botanical and common names;
5. Location of all plant materials;
6. Container size and number of all plant materials; and
7. Type, size and location of a permanent irrigation system. (Ord. 1296, § 1, 7-28-09)
17.36.120 - Plant screens; walls.
A. A plant screenTree inventory and tree protection report prepared by a licensed arborist shall be erected in place of a wall, provided it is: submitted. No protected tree shall be removed or substantially trimmed, except as authorized by Chapter 12.20. Specimen trees shall be replaced within the submitted landscaping plan with a minimum of twenty-four-inch box trees.
1. Sufficient to visually screen the parking area;
2. Comprised of specimen stock;
3. Within a planter area of at least four feet in depth;
4. Provided with a permanent irrigation system;
5. Compliant with all other provisions of this section for landscaping, including being an integral part of an approved landscaping plan.
B. A decorative masonry wall of at least thirty inches high may be substituted for a plant screen provided it is constructed and maintained along the perimeter of all off-street parking areas except at points of ingress and egress. Such wall shall be constructed of masonry units not greater than six inches in height.
C. A landscaped area of at least thirty inches in height may be substituted for a wall or plant screen if the planning commission approves its design, location, scale and landscape treatment pursuant to a permit issued under this chapter.
D. A decorative concrete, masonry or block wall of at least six feet in height shall be constructed and maintained on the boundary of any use which abuts or which lays across a public alley from a residential zone, except in front setbacks, in which such walls shall be forty-two inches or less in height. (Ord. 1296, § 1, 7-28-09)
17.36.130 - Refuse storage.
All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view by a permanent wall at least five and one-half feet high in conformance with the architectural design of the related buildings, including a solid gate of durable opaque material approved by the development services director. All bins and containers shall be stored within the enclosure with lids closed at all times when not being loaded.
The project approval may include additional landscape requirements. Final plans, including irrigation and required usage calculations will be reviewed during construction plan check. (Ord. 1296, § 1, 7-28-09)
17.36.120 - Screening.
Parking areas, refuse storage, mechanical equipment and the like shall be screened by some combination of walls, plantings or earthworks. All trash bins and containers shall be stored within an enclosure with lids closed at all times when not being loaded. (Ord. 1296, § 1, 7-28-09)
17.36.130 – Hours of Operation.
No business established after July 31, 2020 shall be open for business to customers or clients (i) between 10:00 pm and midnight Sunday through Thursday, without first obtaining a minor conditional use permit; or (ii) between midnight and 5:00 am on any day without first obtaining a conditional use permit, in either case in accordance with Chapter 17.60. When approving any discretionary permit required by this chapter, the reviewing authority may further condition the hours of operation of a business in order to make the findings required by such permit.
17.36.140 - Outdoor storage prohibitedand sales.
All storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building. Outdoor display of goods and merchandise for sale shall require a minor conditional use permit in accordance with Chapter 17.60.
(Ord. 1296, § 1, 7-28-09)
17.36.150 - Loading facilities.
All loading or unloading areas containing a loading dock or similar facility shall be located at such a depth within a completely enclosed building as to reasonably contain and restrict noise. Further, no loading or unloading area shall be visible from a public street, or located within a front yard or side yard adjacent to a public street.
(Ord. 1296, § 1, 7-28-09)
17.36.160 - Lighting.
All lighting of the building, landscaping, parking lot or similar facilities shall be shielded and directed away from adjoining properties., and shall otherwise comply with the with the city's "Dark Sky" program and the relevant provisions of the General Plan.
(Ord. 1296, § 1, 7-28-09)
17.36.170 - Mechanical equipmentProperty Maintenance.
All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be completely screened from view from street level. (Ord. 1296, § 1, 7-28-09)
All properties within the C zone shall be maintained in good condition, free from nuisances, and within all performance standards set forth in this code, including without limitation, those contained in Title 8 – Health and Safety and Title 9 - Public Peace, Morals and Welfare. Any and all handling of hazardous materials shall be done in compliance with applicable local, state, and federal laws and regulations. Prior to approving any discretionary permit required by this chapter, the reviewing authority may request reasonable evidence from an applicant that a proposed project or use is likely to so comply, and failure to Commented [c13]: Consider in context of City Council
Direction #2: Do not regulate similar uses and similar
business impacts differently; apply sensible regulation.
The City Council did not provide direction to incorporate mandatory operating hours for businesses.
provide such evidence, or a preponderance of evidence to the contrary provided by other shall be shall be grounds for denial of any such permit.
17.36.180 - Underground utilities.
All utilitiesutility connections for new construction shall be underground, but utility connections to structures which lawfully preexisted the adoption of this chapter may be maintained. (Ord. 1296, § 1, 7-28-09)
17.36.190 - Development or construction site standards.
The following standards apply to development or construction in the commercial C zone:
A. Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced or screened as determined by the building inspector; B. Sites shall be maintained during construction as not to become an attractive or public nuisance due to storage of material, parking or activities of construction workers; C. Any portable toilets shall be set back ten feet from all property lines; D. Rubbish and refuse service with the city's franchised hauler shall be required at the time a building permit is issued. Service may be weekly pickup service if accessible by a public street or as otherwise authorized by the director of development services; E. Contractors shall submit to the city a complete list of subcontractors for all services and trades and each contractor or subcontractor shall obtain a city business license prior to any work or request for inspection. Work commenced prior to issuance of necessary permits and business licenses shall be subject to double permit fees pursuant to Chapter 15.04 of this code; F. Use of the public right-of-way for storage, work, staging, or off-loading requires a permit pursuant to Chapter 12.12 of this code;
G. Any paved public right-of-way affected by construction shall be cleaned each evening by the contractor. Cleanup shall include, but not be limited to, streets, roadways, gutters, sidewalks and parkways;
H. Violations of this section may result in the issuance of a stop work order by the building inspector in the manner specified in Chapter 15.05 of this code.
(Ord. 1296, § 1, 7-28-09)
Chapter 17.40 - M MANUFACTURING ZONE
Sections:
17.40.010 - Permitted uses.
In an M zone only the following uses are permitted as are hereinafter specifically provided and allowed subject to the provisions of this chapter governing off-street parking requirements.
Any use permitted in the C zone except that a dwelling conforming to the yard requirements of the R3 zone shall be permitted on the same lot on which a use permitted herein is located and which dwelling is used exclusively by the owner, lessee, caretaker or superintendent and his family; Assembly of electrical appliances such as:
1. Electronic instruments and devices,
2. Radios and phonographs, including manufacture of small parts, such as coils; Bakeries, coffee roasters, commercial kitchens, and other food processing and production facilities (excluding slaughterhouses, rendering plants or other facilities that the director determines are likely to emit foul odors or create other nuisances); Boatbuilding (limited to those craft which may be transported over a state highway without permit); Bottling plants;
Building material storage yards;
Cabinet shops, carpenter shops, furniture manufacture;
Carpet cleaning plants;
Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas;
Cleaning and dyeing plants;
Contractors' storage yards;
Draying, freighting, trucking yards, terminals;
Electric or neon sign manufacture;
Emergency shelters;
FeelFeed and fuel yards;
Fruit packing houses;
Garment manufacturers;
Ice and cold storage plants;
Laboratories, experimental, motion pictures, testing;
Lumber yards;
Machine shops;
Manufacture of prefabricated buildings;
Outdoor advertising;
Plastics, fabrication from;
Plumbing shop, supply yards;
Poultry and rabbit slaughter (provided they are first reviewed and granted a conditional use permit);
Public utilities service yards or electrical receiving and/or transforming stations; Rubber, fabrication or products made from finished rubber; Sheet metal shops;
Shoe manufacturing;
Soap manufacture, cold mix only;
Storage space for transit and transportation equipment, except freight classification yards; Textile manufacture;
Tinsmiths;
Tire rebuilding, recapping and retreading;
Wholesale businesses, storage buildings and warehouses.
Any industrial use not specifically permitted herein must be reviewed as a conditional use permit in order to locate industry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and around the city. Any use that is found to be objectionable or incompatible with the character of the city and its environs may be denied a conditional use permit based upon the standards contained in Section 17.60.040.
(Ord. 1084 § 1 (part), 1992; prior code § 9500)
(Ord. No. 1352, § 10, 2-11-14)
17.40.020 - Property development standards.
Notwithstanding anything to the contrary in this chapter, projects incorporating uses permitted in the C zone, including residential uses, shall be developed in locations, to development standards, and with required reviews and approvals only as set forth in Chapter 17.36. The regulations set forth in the following sections shall apply to all other uses and development in the M zone. (Ord. 1084 § 1 (part), 1992; prior code § 9501 (part))
17.40.025 - Emergency shelters development standards.
A. Property Development Standards. The emergency shelter shall conform to all property development standards of the M Zone except as modified by these development standards.
B. Maximum Number of Persons/Beds. An emergency shelter for homeless persons shall contain no more than eight beds and shall provide shelter for no more than eight persons. Additionally, the cumulative total number of beds permitted in the M Zone shall not exceed eight. Such maximum number may be accommodated in multiple shelters not to exceed the cumulative total.
C. Parking. On-site parking shall be provided based on the following standards: one parking space for every four beds, plus one-half space designated for each bedroom designated for families with children, plus one parking space for each employee or volunteer on duty, plus one space for every vehicle operated by the facility.
D. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of intensity compatible with the neighborhood.
E. Common Facilities. The emergency shelter may provide one or more of the following specific common facilities for the exclusive use of the residents:
1. Central cooking and dining room.
2. Recreation room.
3. Laundry facilities to serve the number of occupants in the shelter.
4. Other uses that are considered as ancillary to the primary use such as office, storage.
F. On-site Staff. At least one manager shall be on site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supportive staff member. Such staff member must be an individual who does not utilize the shelter's beds or other services and who resides off-site.
G. Security. Security personnel shall be provided during operational hours whenever clients are on the site. Security personnel are in addition to the staffing requirements in subsection (E). A security plan shall be submitted to the city prior to issuance of a certificate of occupancy.
H. Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of three hundred feet from another such emergency shelter.
I. Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Each emergency shelter resident shall stay for no more than ninety days (cumulative, not consecutive) in a three-hundred-sixty-five-day period. Extensions up to a total stay of one hundred eighty days in a three-hundred-sixty-five-day period may be provided if no alternative housing is available.
2. On-site client waiting and intake areas shall be located inside the building.
3. The provider shall provide an annual report of the use of the facility and determination of compliance with the city's development standards for the use. (Ord. No. 1352, § 11, 2-11-14)
17.40.030 - Height.
No building structure, or any part thereof in an M zone shall be erected to a height exceeding two stories or thirty feet, whichever is the lesser.
(Ord. 1041 § 1 (part), 1988: prior code § 9501(a))
17.40.040 - Front yard.
Every lot and every parcel of land in an M zone shall have a front yard only when any one or more of the following conditions apply:
A. If the premises are devoted to an R use in the M zone, such use shall maintain a front yard conforming to the front yard requirements in the R-3 zone.
B. When property classified for M purposes comprises part of the frontage in a block on one side of a street between intersecting streets and the remainder of the frontage in the same block is classified for R purposes, the front yard in such M zone shall conform to the front yard required in the R-3 zone.
C. A front yard shall be provided as may be required by specific plan or in a conditional use permit or variance.
(Ord. 1084 § 1 (part), 1992; prior code § 9501(b))
17.40.050 - Placement of buildings.
No building shall be erected closer than ten feet to the rear of any lot zoned for M purposes, if the rear of such lot abuts the side lot line of property zoned for R purposes and no alley intervenes. (Ord. 1084 § 1 (part), 1992; prior code § 9502)
17.40.060 - Limitations on land use.
Any building located on an alley and having an opening used as a means of access from such alley shall maintain a distance of not less than ten feet from such alley. (Ord. 1084 § 1 (part), 1992; prior code § 9503)
17.40.070 - Miscellaneous requirements.
All uses shall be subject to all specific requirements of this chapter, including off-street parking. (Ord. 1084 § 1 (part), 1992; prior code § 9504)
17.40.080 - Refuse storage.
All trash, garbage and refuse storage areas shall be screened on all sides from public view by a minimum five and one-half-foot-high permanent wall in conformance with the architectural design of the related buildings, including a solid gate of durable wood or comparable material. All bins and containers within the enclosure shall be maintained with lids closed except for placement of material within such containers.
(Ord. 973 § 2 (part), 1980: prior code § 9505)
17.40.090 - Development or construction site standards.
The following standards apply to development or construction in the M zone:
A. Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced as determined by the building inspector.
B. The residential character of neighborhood to be maintained during construction as to not to become an attractive or public nuisance, due to storage of material, parking or activities of the contractor employees.
C. Temporary services on-site, shall be ten feet behind the property line, i.e., portable toilet facilities.
D. Rubbish and refuse service with city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by a public street, or by scout or commercial service as otherwise authorized.
E. Contractors, subcontractors shall be required to have a completed subcontractors list for all services and trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 of this code.
F. Use of the public right-of-way for storage, work, staging, or off-loading requires a permit and approval in advance of any activity pursuant to Chapter 12.12 of this code.
G. The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to, streets, roadways, gutters, sidewalks, and parkways.
H. Violations of subsections (A) through (G) of this section may result in the issuance of a stop work order by the Building Inspector. Work so halted shall have the right of due notice and an Administrative Hearing upon request.
(Ord. 1051 § 4 (part), 1989: prior code § 9506)
Chapter 17.60 - VARIANCES AND DISCRETIONARY PERMITS[10] Sections:
Footnotes:
--- (10) ---
Editor's note— Ord. No. 1389, Exh. A, § 22, adopted July 11, 2017, changed the title of Ch. 17.60 from "Variances and Conditional Use Permits" to read as herein set out.
17.60.010 - Variances.
When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (Prior code § 9800)
17.60.020 - Variances—Burden of proof.
Before any zone variance is granted, the applicant shall show, to the reasonable satisfaction of the body hearing such matter, that there are special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other adjacent properties included in the same zone as the subject property, which make the granting of the zone variance necessary in order to facilitate a reasonable use of the property involved. (Prior code § 9801)
17.60.025 - Minor variances.
The director of development services may grant a minor variance from regulations, as specified in Chapter 17.20 or Chapter 17.30 of this code, as applicable.
A. Application. Applications for a minor variance shall be initiated by submitting the following materials to the development services department:
1. A completed application form signed by the property owner or authorized agent, accompanied by the required fees and plans;
2. Signatures from all owners of property abutting the project site and directly across the street from the project site or written evidence indicating approval of the request, and the posting of a sign on the property for ten days; or
3. A list, drawn from the last equalized property tax assessment roll showing the names and addresses of the owner or record of each lot abutting the property and each property on the block within one hundred fifty feet of the property, and the posting of a sign on the property for ten days.
B. Notice.
1. If the applicant is unable to obtain the written approval of the property owners abutting and directly across the street from the property, notice shall be given to immediately adjacent property owners and property owners on the block within one hundred fifty feet of the subject property to notify them that an application is being filed for a minor variance.
2. Comments shall be accepted by the director for a ten-day period following the application submittal.
3. The director may use any comments received to assist in making findings and conditions relating to the application.
C. Burden of Proof and Conditions of Approval. The director must find, or conditions must be imposed, to insure that:
1. The project does not adversely impact the public health, safety, and welfare;
2. The design of the home is improved with the granting of the minor variance.
D. An action by the director may be appealed to the planning commission and subsequently to the city council pursuant to Chapter 17.66 of this title.
(Ord. 1234 § 5, 2005; Ord. 1115 § 18, 1995)
(Ord. No. 1313, § 4, 3-22-11)
17.60.028 - Modification of required yards.
The director of development services, may grant a modification of a required yard as follows:
A. Reduction of open areas by permitting portions of a building to extend into a required yard by not more than ten percent;
B. A modification of a required yard, as set forth in this section, may be granted pursuant to the approval of a minor conditional use permit pursuant to the provisions of Section 17.60.055 of this chapter;
C. The determination of the director of development services may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115 of this chapter, within fourteen days of the director's determination.
(Ord. 1177 § 4 (part), 2000)
17.60.030 - Conditional use permits—When required.
The purpose of any conditional use permit shall be to insure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same.
The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this part, unless such use is designated as a permitted use in a particular zone.
A. Conditional Uses—All zones except the OS and R-C Zones.
Airports, landing fields, heliports, and helistops;
Borrow pits to a depth of over three feet;
Cemeteries;
Churches, temples and other places of worship, provided they shall be excluded from the C (commercial) zone, except as provided in Section 17.56.120 of this title; Clubs, provided they shall be excluded from the R-1 and R-2 zones (see Section
17.36.020(F) of this title);
Columbariums, crematories and mausoleums;
Crops, field, tree, bush, berry, and row, including nursery stock, the growing of (see Section
17.20.020(H) of this title);
Dumps;
Educational institutions;
Equestrian establishments;
Establishments or enterprises involving large assemblages of people or automobiles as follows:
Amusement parks;
Circuses, carnivals, or fairgrounds;
Labor camps;
Open air theatres;
Race tracks and rodeos;
Recreational centers privately operated;
Trailer (mobilehome) parks;
Fraternity;
Golf courses, privately owned;
Livestock, care and maintenance for commercial or noncommercial purposes; Mortuaries;
Natural mineral resources, the development of, together with the necessary buildings, apparatus or appurtenances incidental thereto; provided, that no review or permit shall be required for the exploration of oil, rock, sand, gravel, or clay if any other section of this code makes separate provisions with respect thereto;
Nonprofit organizations provided they shall be excluded from the C (commercial) zone except as provided in Section 17.56.120;
Parking lots, commercial;
Public utilities or utilities operated by mutual agencies consisting of water wells, electrical substations, gas metering stations, telephone exchanges, power boosters or conversion plants with the necessary buildings, apparatus, or appurtenances incident thereto when located in other than C or M zones;
Public utility facilities and utilities, operated by mutual companies except any public facility for which a building permit is not required pursuant to the city's building regulations, and any such facility which is permitted by a city-granted franchise; to the extent the City is authorized to regulate the use of land under Federal and State law.
Refuse, disposal of;
Sewage disposal plants;
Sorority;
Swimming pools, hot tubs, spas and similar recreational facilities which are located within twenty-five feet and/or are visible to or from as a public or private street or alley primary use; Veterinarians, kennels and small animal hospitals.
B. Conditional Uses—R-1, R-2, R-3 and R-C Zones.
Maintenance of keeping of horses or mules, as enumerated in Chapter 6.08, "Animals Generally";
Family day care home, large;
Any use permitted pursuant to Section 5116 of the Welfare and Institutional Code of the state of California (certain licensed residential care facilities for the elderly).
C. Conditional uses—R-2 development in the R-2 zone;
D. Conditional uses—H zone. Development, structures, grading, or subdivisions; E. Conditional uses—R-P (R-3 with residential entrepreneurial overlay) zone and C (commercial) zone only in the portions of the C zone where residential uses are allowed; Child care center/nursery school;
Community care facilities, seven beds or more;
Drug and alcohol recovery and rehabilitation facilities; Drug and alcohol treatment facilities;
Facilities for preparole adjustment/rehabilitation;
Residential care facility for the elderly with seven beds or more; Residential health care facilities (chronically ill) with seven beds or more.
F.E. Wireless communications facilities, as provided in Chapter 17.93 of this title. (Ord. 1247 § 7, 2006; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1177 § 4 (part), 2000; Ord. 1135 § 5, 1996; Ord. 1133 § 5, 1996; Ord. 1116 § 4, 1994; Ord. 1113 § 4, 1994; Ord. 1084 § 1 (part), 1992; Ord. 1079U § 3, 1991; Ord. 1062 § 2, 1990; Ord. 1037 § 6, 1988; Ord. 1033 § 3, 1987; Ord. 1006 § 2, 1983; Ord. 996 § 7, 1982; Ord. 975 § 2, 1980; Ord. 960 § 2, 1978; prior code § 9810) (Ord. No. 1296, § 3, 7-28-09; Ord. No. 1313, § 4, 3-22-11; Ord. No. 1385, § 2, 2-14-17; Ord. No. 1389, Exh.
A, §§ 23—26, 7-11-17)
17.60.040 - Burden of proof.
Before any conditional use permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:
A. That the site for the proposed use is adequate in size, shape, topography, and location; B. That the site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use; C. That the proposed use is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;
D. That there is a demonstrated need for the use requested; E. That the proposed use is consistent with the general plan, zoning and other applicable codes; F. That the use at the location requested would benefit the public interest and convenience. (Ord. 1084 § 1 (part), 1992: prior code § 9811)
(Ord. No. 1375, § 5, 2-9-16; Ord. No. 1389, Exh. A, § 27, 7-11-17) Editor's note— Ord. No. 1389, Exh. A, § 27, adopted July 11, 2017, changed the title of § 17.60.040 from "Conditional use permits—Burden of proof" to read as herein set out.
17.60.041 - Design review permit.
A. Purpose. The purpose of an administrative design review permit and a design review permit is to ensure that an applicable project incorporates good design principles and is compatible with its neighborhood and natural surroundings.
B. Reviewing Authority. Except as otherwise provided by this chapter, the reviewing authority for an administrative design review permit application shall be the director and the reviewing authority for a design review permit application shall be the planning commission. The reviewing authority shall approve, conditionally approve, or deny an application for an administrative design review permit or a design review permit in writing.
C. Review Procedure. An administrative design review permit shall be noticed, processed and may be appealed in compliance with the requirements for a minor conditional use permit; provided however, that the director may refer any application for an administrative design review permit to the planning commission at the director's sole discretion. A design review permit shall be noticed, processed and may be appealed in compliance with the requirements established for a conditional use permit.
D. Findings. Before an administrative design review permit or a design review permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:
1. The proposed project is consistent with the general plan, zoning code and any applicable design standards.
2. The proposed project will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties.
3. The height, bulk, scale, mass and siting of the proposed project is compatible with the existing neighborhood, landforms and surroundings.
4. The proposed project reflects the scale of the neighborhood in which it is proposed and it does not visually overpower or dominate the neighborhood and is not ill-proportioned so as to produce either architecture or design that detracts from the foothill village setting.
5. The proposed project neither unreasonably interferes with public views or the views and privacy of neighbors, produces unreasonable noise levels, nor causes material adverse impacts.
6. The proposed project exhibits a coherent project-wide design, and each structure or portion thereof (especially additions) on the site is compatible with other portions of the project, regardless of whether the same are publicly visible.
7. For proposed projects seeking relief from development standards, where allowed, to accommodate characteristics of an identifiable architectural style (such as additional height pursuant to Section 17.20.027(A)), the proposed project adheres to the norms of such identifiable architectural style and that such style is consistently carried through on all elevations of the building, regardless of whether the same are publicly visible.
8. For proposed projects that require discretionary review due to exceeding size thresholds (pursuant to Sections 17.20.027(C), 17.30.045(B), 17.28.070(A)1 or similar), that the proposed is a superior project that would enhance its neighborhood and exhibit exceptional design through a combination of most, if not all, of:
a. Innovative, thoughtful and/or noteworthy architecture that is responsive to the specific site, rather than standard, generic, or "cookie-cutter" plans; b. Where applicable, adaptive reuse or other preservation and restoration of historic structures; c. Preservation of the natural landscape to the extent possible by such means as minimizing grade changes and retaining protected and specimen trees; d. Siting of structures in keeping with landforms and so as to maximize open space, public views, and neighbor views and privacy;
e. High quality architectural details and building materials compatible with the overall project design; and
f. Sustainable building and landscaping practices, especially water-saving features.
E. Compatibility. As used in this section, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean repetition of building style or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and an applicant's thoughtful response to them within the design.
F. Applicability in Relation to Other Standards. This section is not meant to be a perfunctory review of projects which comply with other development standards. Rather it is meant to impose significant, separate, and additional burdens on proposed projects with the understanding that in many cases satisfying such burdens may call for significantly reduced development intensity than is allowed otherwise under this title. By way of illustration and not limitation, (i) so as not to unreasonably interfere with views and privacy, a project proposed on a narrow or irregularly shaped parcel may accommodate significantly less second story floor area than would otherwise be allowed; (ii) so as not to unreasonably interfere with views and privacy, a proposed project with significant second story floor area may need to be set back farther from lot lines than otherwise allowed; (iii) to ensure compatibility with and not to visually overpower or dominate the neighborhood, the floor area of a proposed project in a neighborhood predominated by smaller homes may need to be much lower than allowed by objective criteria; (iv) to ensure compatibility with landforms, a project proposed on a parcel with steep slopes or irregular topography may have much more limited siting options than setback standards would allow and may need reduced height and/or floor area; and (v) to exhibit exceptional design through noteworthy architecture, the floor area of a proposed project may need to be much lower than allowed by objective criteria in order to allow space for articulation, variation in massing, covered porches, and other enhancing architectural features.
G. Additional Application Materials. As standard two-dimensional building elevations and other similar graphic materials typically do a poor job of depicting projects in context, it is recommended that applicants provide materials in addition to those otherwise required in order to demonstrate that their proposed projects satisfy the foregoing burdens. Such materials may include, but are not limited to, three-dimensional perspective renderings from multiple angles; photo simulations showing the sited project in relation to neighboring structures and landforms; comparisons of proposed building size, height, setbacks, etc. to surrounding structures; story poles; material and color boards; information on energy and water saving systems; and colored landscape plans showing protected and specimen trees and illustrating drought-tolerant landscaping, permeable paving and other water-saving features. (Ord. 1115 § 17, 1995)
(Ord. No. 1375, § 6, 2-9-16; Ord. No. 1389, Exh. A, § 28, 7-11-17) Editor's note— Ord. No. 1389, Exh. A, § 28, adopted July 11, 2017, changed the title of § 17.60.041 from "Additional burden of proof for permits for certain noted projects" to read as herein set out.
17.60.050 - Conditional use permits—Exemption.
A. Application of Division—Permitted Use. Notwithstanding the provisions of this chapter, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.
B. Nonconformity. None of the uses enumerated in Section 17.60.030, for which a conditional use permit is required, shall be deemed nonconforming if:
1. The same complied with the zoning regulations in effect on June 14, 1977;
2. The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 17.60.030; and
3. There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located; and
4. The existing valid horse-keeping license has been reviewed under the provisions of Sections
17.60.060 through 17.60.050 prior to December 1, 1978, and a conditional use permit approved for the use.
C. Effect of Grant of Conditional Use Permit. Where a conditional use permit is granted for one or more uses on a lot, no other use, building or structure shall be located or maintained upon such lot, unless allowed pursuant to the provisions of the conditions of approval imposed upon the issuance of such permit.
(Ord. 1084 § 1 (part), 1992: Ord. 960 § 3, 1978; prior code § 9812)
17.60.055 - Minor conditional use permit.
Uses, activities and development standards listed in sections of this title as permitted subject to the granting of a minor conditional use permit may be approved by the director of development services, without a public hearing, pursuant to the following provisions:
A. Application and Fees. An application for a minor conditional use permit shall be filed by the owner of the property (or authorized agent) for which the permit is requested on forms furnished by the development services department. The applicant shall submit the appropriate fee in conjunction with the submittal of an application, the amount of which is determined by resolution of the city council.
B. Posted Notice. A notice that a minor conditional use permit is to be considered shall be mailed to all property owners within a three hundred-foot radius of the property where the minor conditional use permit is proposed. The notification shall describe the proposed minor conditional use permit and shall provide a comment period of not less than fourteen calendar days. Additionally, signage shall be posted in accordance with Section 17.60.100B.; however, references therein to the planning commission's decision on a conditional use permit shall be interpreted as the director's decision on the minor conditional use permit.
C. Determination. Upon consideration of any comments received, the director of development services may approve, conditionally approve, or deny the proposed minor conditional use permit pursuant to the following findings:
1. That the proposed request will not be detrimental, or otherwise be inconsistent with the residential character of theits neighborhood;
2. That the site of the proposed request is adequate in size, shape and, topography and location to accommodate the request;
3. That the proposed request is neither detrimental to the public health, safety and general welfare, nor will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent property owners;
4. That there is a demonstrated need for the use requested;
5. That the proposed request will be arranged, designed, constructed, operated and/or maintained so as to be compatible with the intended character of the surrounding area and shall not change the essential character of the surrounding area from that intended in the general plan.
D. Conditions of Approval. When approving or conditionally approving a minor conditional use permit, the director of development services shall designate conditions deemed necessary to protect the public health, safety and general welfare.
E. Notification of Determination. Within three days upon the determination by the director of development services to approve, conditionally approve or deny the requested minor conditional use permit, notification of the determination shall be mailed to all property owners within a three hundred foot radius of the property where the minor conditional use permit has been requested.
In addition, notification of the director's determination shall also be provided to the applicant, council and planning commission.
F. Appeal. The determination of the director of development services may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115, within fourteen days of the director's determination.
(Ord. 1177 § 4 (part), 2000)
(Ord. No. 1375, § 7, 2-9-16)
17.60.056 - Discretionary demolition permit.
A. Purpose. The purpose of the discretionary demolition permit procedure is to insure that potential historic resources are properly evaluated before they are altered or demolished.
B. For purposes of this section, "demolition" is defined as the destruction and removal, in part or in whole, of the foundation, exterior walls, roof structure, exterior framing, exterior siding and/or finish cladding material, porches, chimney and architectural details.
C. No structure which was constructed seventy-five years or more prior to the date of the application for review shall be demolished without a discretionary demolition permit.
D. Procedure: Any application for a discretionary demolition permit shall be accompanied by (i) a written historic assessment or survey prepared by a qualified architectural historian selected from the list of qualified consultants on file with the planning and community preservation department which concludes that the property proposed to be demolished is not classified under the California Historic Resource Codes 1 to 5 - eligible for local listing or designation, or a contributor to an existing or potential district and (ii) an application for replacement development project consistent with the standards and requirements of the applicable zoning district, and (iii) an affidavit of posting of a sign at least three feet by four feet in size, located in a conspicuous place on the property abutting a public street or alley, identifying the property as the subject of an application for a demolition permit. Both the discretionary demolition permit and the application for the replacement development project shall be reviewed concurrently and no discretionary demolition permit shall be approved unless and until the replacement development project is approved. The reviewing body for a demolition permit shall be the same body or individual that would review and approve the accompanying replacement development project.
E. A discretionary demolition permit may be approved if the reviewing body makes one of the following determinations:
1. The structure proposed to be demolished is neither designated on the local list of historic resources nor eligible for designation as an individual resource or contributor to a district or potential district, and the replacement development project is approved; or
2. The city engineer or building official or his or her designee has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety.
F. Exceptions. The following applications do not require a discretionary demolition permit:
1. Demolition of any interior walls of any structure for the purpose of remodel, repair or maintenance, subject to any required permits;
2. Removal and replacement, subject to any required permits, of exterior windows, doors, roof covering, foundation, exterior siding and/or finish cladding material, porches, chimney, architectural details and other structural or decorative elements deemed by the director to be minor alterations, where the materials used for maintenance and replacement do not materially alter the appearance, size or character of the existing structure;
3. Any proposed demolition of a structure constructed less than seventy-five years from the date of the applications, which is subject to the provisions of Section 15.04.115;
4. Any proposed demolition of a historic landmark which is subject to the provisions of Section
17.82.090;
5. The director may rely on definitions and permitting processes in the municipal code to consider circumstances which do not meet the exact criteria defined in exceptions 1—5 above, to determine that a specific case meets the intent of one or more of the exceptions.
6. The director may refer any applications that do not require a discretionary demolition permit to the planning commission if the director determines at the director's sole discretion that the proposed development has the potential to result in significant impacts to the structure. In the event the director refers an application to the planning commission, the planning commission shall follow the requirements for a discretionary demolition permit as set forth in this chapter.
G. An applicant who does not qualify for a discretionary demolition permit under subsection E or H of this section may seek a certificate of economic hardship pursuant to Section 17.82.100.
H. Burden of Proof on Applicant. Before any demolition permit is granted, the application shall show, to the reasonable satisfaction of the body considering such matter, the existence of the following facts:
1. That the structure proposed for demolition:
a. Has no local, state or national historic significance as determined by the historic resources survey pursuant to subsection D above; or
b. Is deemed to be eligible for local listing or designation under the California Historic Resource Codes 1 to 5, or a contributor to an existing or potential district, and all environmental review has been conducted, and/or a historical resources evaluation report with identified mitigation measures has been prepared that will allow the project to proceed, with a certificate of appropriateness including, but not limited to construction of a replacement structure in substantially similar architectural style and façade, maintenance of a plaque, photographs and/or publication describing the original structure and its local, state or national historic value, or other mitigation measures described in the environmental review document or the historical resources evaluation report; or
c. The city engineer or building official or his or her designee has provided a written determination that demolition is necessary to immediately abate an imminent hazard to public safety.
2. That the proposed demolition activities will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;
3. That there is a demonstrated need for the demolition activity requested;
4. That the result of the demolition activity is consistent with the objectives of the general plan; and
5. That the public interest, convenience, and necessity require that the demolition activity be undertaken at the location requested.
I. Appeal.
1. Any person may appeal a decision of the planning director to the planning commission pursuant to Section 17.60.115.
2. Any person may appeal a decision of the planning commission to the city council pursuant to Sections 17.60.120 and 17.60.130.
(Ord. No. 1363, § 2, 3-24-15; Ord. No. 1386, Exh. A, § 1, 2-28-17)
17.60.058 - Projects with multiple applications.
If multiple concurrent applications that call for different reviewing authorities are made for the same project, the applications shall be noticed and processed together and reviewed by the highest required authority. For example, if a project requires a design review permit and a minor conditional use permit, both such applications shall be noticed and processed together, and reviewed together in a public hearing by the planning commission. Before the project could move forward, the planning commission would need to make the required findings for the design review permit set forth in Section 17.60.041(D) and those for the minor conditional use permit set forth in Section 17.60.055(C). The action of the planning commission could then be appealed to the city council pursuant to Section 17.60.120 (note that Sections 17.60.055(F) and
17.60.115 would not apply to an appeal of the minor conditional use permit as the matter would have already been reviewed by the planning commission).
(Ord. No. 1389, Exh. A, § 29, 7-11-17)
17.60.060 - Applications for variance or conditional use permits—Withdrawal thereof.
Applications for a zone variance, conditional use permit, shall be filed by the owner of the property affected thereby, or his agent, with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this part.
The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as hereinafter provided. The director may provide the radius map and mailing list for a fee to be set by the city council. (Ord. 1084 § 1 (part), 1992: prior code § 9820)
17.60.070 - Filing fees—Withdrawal.
Each such original application, modification application or appeal, shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon; provided, that there shall be no refund of fees.
(Ord. 1084 § 1 (part), 1992: prior code § 9821)
17.60.080 - Hearings.
Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director. Hearings may be continued from time to time by the commission or council, as it may deem necessary.
(Ord. 1084 § 1 (part), 1992: prior code § 9822)
17.60.090 - Conditions.
The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to insure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare, and the provisions of this chapter. (Ord. 1084 § 1 (part), 1992: prior code § 9823)
17.60.100 - Public notices.
Notice of the time and place of public hearings before the planning commission and city council on zone variance and conditional use permit applications shall be made as follows:
A. Mailed Public Notice. Public notices shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.
B. Posting of Property. A notice of public hearing sign, meeting the criteria set forth below, shall be posted a minimum of fourteen days prior to the scheduled public hearing, and the sign shall remain in place until the expiration of the appeal period following a decision by the planning commission. If an appeal to the city council is filed, a new public hearing sign complying with this section shall be posted. Failure to post the sign on the property by the applicant shall result in the automatic continuance of the project to the next available planning commission or city council meeting. The sign shall be posted in the following manner:
1. The sign shall be located in a conspicuous place on the property abutting a public or private street or alley not more than ten feet inside the property line.
2. The sign shall be twelve feet square in sign area, generally measuring three feet by four feet.
3. The sign shall not exceed six feet in height from the ground level; provided that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be permitted with the approval of the director of development services to ensure visibility of the sign from the public right-of-way.
4. The sign shall not be illuminated.
5. The size, style, number, and color of the sign's lettering shall be the specifications approved by the director of development services, and the director may approve deviations to these requirements in order to meet the intent of these noticing provisions.
6. Support elements for the sign shall be made of four-inch by four-inch wood posts, or similar; provided however, that a sign may be posted in a window, on a fence, or on a building wall when there is an existing structure on site that is set back less than ten feet from the street.
7. A building permit shall not be required for the posting of a sign installed in compliance with this subsection.
8. The applicant shall submit proof of posting to the director of development services or his or her designee in the form of a signed affidavit and a photograph of the sign.
9. Any costs associated with complying with this subsection shall be borne by the applicant.
C. Contents of Notice. Such notices shall describe the subject property, identify the project case number, and contain a brief description of the proposed project and the date, time and place of the public hearing.
(Ord. 1177 § 4 (part), 2000: Ord. 1084 § 1 (part), 1992: prior code § 9824) (Ord. No. 1305, § 1, 2-9-10)
17.60.110 - Commission action.
Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission, by resolution, shall approve, conditionally approve or deny the same. Said resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant and to any other person requesting the same.
(Ord. 1084 § 1 (part), 1992: prior code § 9825)
17.60.115 - Appeals of director determination.
Upon receiving a notice of an appeal of the determination of the director of development services by any aggrieved party, the following provisions shall apply:
A. Appeal Fee. An appeal fee shall be required as set forth in the fee schedule adopted by city council resolution.
B. Consideration of the Appeal. The director of development services shall schedule the matter to be considered by the planning commission at the first available planning commission meeting.
Public notice of the consideration of the appeal by the planning commission shall be distributed pursuant to the public notice requirements of the action being appealed.
C. Determination of the Appeal. Upon receipt of the appeal, the planning commission shall consider all evidences and information upon which the director made the determination, including all relevant public testimonies, and adopt one of the following actions:
1. Affirm the determination of the director of development services and deny the appeal;
2. Uphold the appeal, thereby reversing the determination of the director of development services; or
3. Modify the determination of the director of development services as deemed appropriate.
D. Appeals of decisions of the planning commission shall be made pursuant to the provisions of Section 17.60.130 and Chapter 17.66 of this title.
(Ord. 1234 § 6, 2005; Ord. 1177 § 4 (part), 2000: Ord. 1115 § 16, 1995)
17.60.120 - Appeal.
A. The resolution of the planning commission granting or denying a zone variance or conditional use permit shall become final on the tenth business day following its adoption unless:
1. Within such time an appeal, in writing, is filed with the city council, by the applicant or any other interested person in the manner set forth in Chapter 17.66 of this title;
2. Within such time a call for review is made in the manner set forth in Chapter 17.66 of this title.
B. The decision of the commission shall be final and conclusive in the absence of a timely filed appeal.
The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.
C. Appeals of the planning commission decision shall require the filing of a fee as set forth in Chapter
17.66 of this title.
(Ord. 1234 § 7, 2005: Ord. 1139 § 2(B), 1997; Ord. 1084 § 1 (part), 1992; Ord. 1004 § 1, 1983: Ord. 998 § 1, 1983: prior code § 9826)
17.60.130 - City council action.
Upon receiving a notice of appeal, or call for review of a decision of the planning commission, the city council shall either:
A. Affirm the action of the planning commission;
B. Refer the matter back to the planning commission with or without instructions for further proceedings;
C. Alter the action of the planning commission in the manner it shall determine is necessary to comply with this code and other applicable law; or
D. Notice of the city council's decision shall be made by the city clerk within the time set forth in Chapter 17.66 of this title.
(Ord. 1234 § 8, 2005: Ord. 1084 § 1 (part), 1992; Ord. 1004 § 2, 1983: prior code § 9827)
17.60.150 - Failure to give notice.
Inadvertent failure to give notice in the manner prescribed herein shall have no effect upon any proceeding before the commission or the council.
(Ord. 1139 § 2(C), 1997; Ord. 1084 § 1 (part), 1992; Ord. 917 § 3 (part), 1974: prior code § 9829)
17.60.160 - Revocation of variances and conditional use permits.
A. Upon recommendation by the director, the body which initially granted a zone variance or conditional use permit shall conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:
1. That the variance or permit was obtained by fraud;
2. That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment;
3. That the permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or
4. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.
B. If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 17.60.120 of this chapter. (Ord. 1084 § 1 (part), 1992: prior code § 9830)
17.60.170 - Expiration.
Any zone variance or conditional use permit shall be null and void if the use granted thereby is not commenced within the time specified in the resolution approving such zone variance or conditional use permit, or, if no time is so specified, if commencement does not occur within one year from the date said zone variance or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed pursuant to this section, once, for a period of not to exceed one year.
Provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such variance or permit, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.
(Ord. 1084 § 1 (part), 1992: prior code § 9831)
17.60.175 - Penalties.
In the event that construction which is inconsistent with a conditional use permit or variance is performed, the first three applications for an amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of twice the rate of the current city rate for obtaining a conditional use permit or variance. Subsequent applications for making application for a conditional use permit or variance for all amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of five times the rate of the current city rate for obtaining a conditional use permit or variance.
A. Procedures Prior to Imposition of Penalty Fees. No penalty shall be imposed pursuant to this subsection until city staff determines that unauthorized construction has occurred and the applicant or property owner or a representative of the applicant or property owner has been given an opportunity to discuss that determination with the director of development services.
B. Refund of Penalty and Fees. The penalty and application fees shall be refunded if the planning commission finds that the construction was, in fact, consistent with the originally approved conditional use permit or variance.
C. Appeal to the City Council. If the planning commission finds that the construction was inconsistent with the conditional use permit or variance, the applicant may appeal that determination to the city council in the manner and within the time set forth in Chapter 17.66 of this title. The penalty, application and appeals fees shall be refunded if the city council determines that the construction was, in fact, consistent with the originally approved conditional use permit or variance.
D. Judicial Review. If the city council determines that the construction was inconsistent with the conditional use permit or variance, that determination shall constitute a final administrative action of the city and the applicant may seek judicial review of that decision in the manner provided by law.
E. Removal of Unauthorized Construction. Payment of the penalty shall not preclude the city from disapproving an amendment and requiring the applicant to bring the construction into conformity with the previously approved conditional use permit or variance.
F. Violation—Misdemeanor. The penalties for violating any of the provisions of this chapter, and/or any condition of any entitlement or permit granted under this chapter, are as set forth in Section
1.12.010 of this code.
(Ord. 1234 § 10, 2005; Ord. 1130 § 1, 1996)
17.60.180 - Modification.
Any condition imposed upon the granting of a zone variance or conditional use permit, including a zoning approval granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be modified or eliminated, or new conditions may be added; provided, that the body which granted the zone variance or conditional use permit which is the subject of the modification proceeding shall first conduct a public hearing thereon, noticed in the same manner as was required for its initial granting. No such modification shall be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the zone variance or conditional use permit, as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal in the time and manner set forth in Chapter 17.66 of this title.
(Ord. 1234 § 11, 2005: Ord. 1084 § 1 (part), 1992: prior code § 9832)
April 11, 2020
Planning Commission Chair Hutt,
The City Council subcommittee respects the dedication and service of the Planning Commission, and also recognizes the additional work and diligence you provide as the Chair. We appreciate the opportunity for continued dialogue on the topic of the Commercial Code, as well as future recommendations the Planning Commission will make to the City Council. We understand the position you have as Commission Chair is not easy. You have done a remarkable job thus far, and your commitment to the City of Sierra Madre is noteworthy.
At your request, the City Council agreed to continue the public hearing scheduled for consideration and adoption of the Commercial Code at the March 24, 2020 City Council meeting. The City Council continued the item until the Planning Commission is able to review and make an updated recommendation. As members of the subcommittee, we are disappointed that the City Council had to delay consideration of this topic.
As you know, the City Council provided specific direction to the Planning Commission at the May 28, 2019 meeting. For your reference, the City Council provided the following policy direction:
1. Level the playing field – do not favor one land use over another; Let the “free market” determine land use (let restaurants compete with office uses);
2. Do not impose distance requirements between businesses or limitations by location, number, or type of use (with the exception of business types that are recommended as prohibited);
3. Do not include the Montecito District in the Commercial Code updates (except as necessary to clean up provisions or references as you recommend);
4. Please include a recommendation to reduce parking regulations as part of the recommendation of the Commercial Code.
In order to expound on the policy direction provided to the Planning Commission by the City Council, a subcommittee was formed. The subcommittee included Mayor Capoccia and Mayor Pro Tem Arizmendi from the City Council and Chair Hutt and Vice Chair Denison of the Planning Commission. Additionally, City Manager Engeland and Director Gonzalez also participated.
During subcommittee deliberations, the direction of the City Council was further discussed, and upon conclusion, notes to recap the discussions were provided to all participants and sample/draft revised Commercial Code language and themes were shared. Specifically, the email to the subcommittee capturing the deliberation on October 16, 2019 outlined the Council direction, the work of the subcommittee, and summarized Planning Commission recommendations. At no point did you voice any concern over your understanding of the Council’s direction, the draft language or concepts reviewed by the subcommittee, or in any communication where you were offered the opportunity to provide feedback. In addition to the work of the subcommittee, the Planning Commission held a discussion on the Commercial Code on February 6, 2020. At the conclusion of the meeting the Planning Commission offered no additional or recommended changes to the City Council. Importantly, the Planning Commission declined to include parking regulations in the Commercial Code as directed by the City Council and discussed with the subcommittee.
You first raised your concerns to the Mayor and City Manager separately on March 24, 2020 mere hours before the planned Public Hearing on this item. Even though the City Council agreed to delay discussion of this item, we were disappointed by both the timing of your request as well as the concerns you raised, given that you had ample opportunity to discuss these items either formally at the Planning Commission meeting, or directly with the members of the subcommittee or the City Manager at your convenience.
The proposed amendments to the Commercial Code, in the opinion of the City Council members on the subcommittee, accurately and faithfully adheres to the direction of the City Council. Further, the proposed amendments encapsulate precisely the discussions and communications of the subcommittee, of which you are a member. The proposed code reduces regulations and red-tape for our businesses and makes opening a business less cumbersome and costly. Further, it does not limit the number or types of businesses allowed, set artificial distance requirements between uses or location, or provide other regulations that the City Council and subcommittee agreed would be unnecessary, confusing, and overly-bureaucratic.
Please consider this policy direction when the Planning Commission schedules the Public Hearing to make a recommendation to the City Council. To the extent the Planning Commission would like to incorporate into the recommendation any of the items you outlined in your email to the City Council on March 24, 2020 please do so in a way that is compatible with the policy direction of the City Council and in the spirit of the conversations that took place with the subcommittee.
In addition to the proposed changes to the Commercial Code, the City Council has asked the Planning Commission to provide a recommendation on the current design review findings. The current findings are inherently subjective and difficult to interpret and apply consistently. The City Council asked the Planning Commission to adopt design review findings that are objective and can be applied sensibly.
City Staff provided a recommendation to the Planning Commission based on this direction. The Planning Commission held two discussions on this topic, but has yet to make a recommendation to the City Council. We understand the recommendation was delayed at the level of the Planning Commission due to the adoption of Senate Bill 330. Please place this item on your next available agenda for discussion and make your recommendation to the City Council as soon as is practical.
The Planning Commission provides a valuable service to the City Council by developing recommendations and code improvements based on the City Council’s policy direction. We appreciate the work you do and look forward to the final product. We hope that misunderstandings such as these can be avoided moving forward.
ORDINANCE NO. 1431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA
MADRE CALIFORNIA AMENDING CHAPTER 17.08 (“DEFINITIONS”), SECTION 17.20.015 (DEFINITIONS), CHAPTER 17.36
(“COMMERCIAL ZONE”) IN ITS ENTIRETY, AND CHAPTER 17.60
(“VARIANCES AND DISCRETIONARY PERMITS”) OF THE SIERRA
MADRE MUNICIPAL CODE
WHEREAS, the City Council adopted a General Plan Update in July 2015, and, as part of the General Plan Implementation Program, the City is currently in the process of amending various ordinances in the Municipal Code, including the Commercial Zone and related Zoning provisions; and
WHEREAS, the City desires to update the Sierra Madre Municipal Code by replacing Chapter 17.36 (“Commercial Zone”) in its entirety. The amendments include updating the list of permitted and conditionally permitted uses in the commercial zone, updating the corresponding development standards; Amending Chapter 17.08 (“Definitions”), Section 17.20.015 (“Definitions”), Chapter 17.40 (“Manufacturing Zone”), and Chapter 17.60 (“Variances and Discretionary Permits”), to achieve consistency specific to cross references in the Commercial Zone and other related zoning provisions; and
WHEREAS, the Planning Commission on March 15, 2018, April 19, 2018, May 17, 2018, February 6, 2020, and August 6, 2020, conducted duly noticed public meetings at which time it heard and considered public testimony being received and made part of the public record; and
WHEREAS, notice was duly given of the public hearing on the matter, which public hearing was held before the Planning Commission on September 3, 2020, with all testimony received and made part of the public record; and WHEREAS, the City Council has received the report and recommendations of staff.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Amendment. The City Council recommends the adoption of the proposed ordinance amendments, attached to the staff report as Exhibit A and incorporated herein by reference, amending Chapters 17.08 (“Definitions”), Section ATTACHMENT 3
17.20.015 (“Definitions”), 17.36 (“Commercial”), 17.40 (“Manufacturing Zone”), and 17.60 (“Variances and Discretionary Permits”) of the Sierra Madre Municipal Code.
SECTION 3. General Plan Consistency. The Municipal Code Text Amendment is consistent with the Goals and Objectives of the General Plan; in that it would ensure orderly development of commercial uses where they currently exist so that they are compatible with and complement adjacent land uses. The text amendments are consistent with a General Plan objective that the commercial areas provide for a mix of uses which accomplishes a healthy balance of local services and visitor attraction while maximizing the City’s revenues from property and sales tax. Further, the text amendments are consistent with General Plan policies to accommodate a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
SECTION 4. CEQA. The Planning Commission hereby finds that adoption of the amendments qualify for an exemption from California Environmental Quality Act review pursuant to Title 14, Section 15061 subdivision (b)(3) and section 15378, subdivision (a) and (b)(5) of the California Code of Regulations as it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because it will provide regulations regarding the reuse of existing structures, restrictions on business uses, and updating the list of permitted and conditionally permitted uses within the commercial zone. Modifications to the manufacturing zone and discretionary review codes were amended to achieve consistency between cross-references between the manufacturing zone and commercial zone.
SECTION 5. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California Government Code Section 36933, shall certify to the adoption of this Ordinance and his/her certification, together with proof of the publication, to be entered in the book of Ordinances of the City Council.
SECTION 7. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code Section 36937.
PASSED, APPROVED AND ADOPTED, this day of , 2020.
___________________________
John Capoccia, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Sue Spears, City Clerk Teresa L. Highsmith, City Attorney I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Sierra Madre, California, at a regular meeting held on the ___ day of ______ 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
CITY COUNCIL RESOLUTION 20-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA
MADRE ADOPTING THE COMMERCIAL ZONE USES LIST TO BE
MAINTAINED BY THE DIRECTOR OF PLANNING AND COMMUNITY
PRESERVATION
WHEREAS, the City desires to update the Sierra Madre Municipal Code by replacing Chapter 17.36 (“Commercial”) in its entirety. The amendments include updating the list of permitted and conditionally permitted uses in the commercial zone, updating the corresponding development standards and other related zoning provisions; and WHEREAS, a component of the Commercial Zone amendments includes omission of Section 17.36.020 – “Permitted uses and uses permitted by conditional use permit,” and replaced with “Commercial Use Categories;” and
WHEREAS, a stand-alone document, a comprehensive “Commercial Zone Uses” list with reference to Commercial Use Categories should be established by the City Council and maintained by the Director; and
WHEREAS, notice was duly given of the public hearing on the matter, which public hearing was held before the Planning Commission on September 3, 2020, with all testimony received and made part of the public record; and
WHEREAS, the City Council has received the report and recommendations of staff.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Amendment. The City Council recommends the adoption of the proposed Commercial Zone Uses list organized by Use Categories, attached to this resolution as Exhibit A and incorporated herein by reference.
SECTION 3. General Plan Consistency. The list of Commercial Zone Uses is consistent with the Goals and Objectives of the General Plan; in that it would ensure a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
SECTION 4. CEQA. The City Council hereby finds that adoption of the amendment qualifies for an exemption from California Environmental Quality Act review pursuant to Title 14, Section 15061 subdivision (b)(3) as it can be seen with certainty that there is no possibility that the adoption of the Commercial Uses List may have a significant effect on the environment, because the document is solely intended to be used for classification purposes for new and existing businesses.
ATTACHMENT 4
PASSED, APPROVED AND ADOPTED, this day of , 2020.
___________________________
John Capoccia, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Sue Spears, City Clerk Teresa L. Highsmith, City Attorney I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Sierra Madre, California, at a regular meeting held on the ___ day of ______ 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
EXHIBIT A
Sierra Madre
Commercial Zone Uses
Organized by Use Category
Retail sales, general
(permitted if up to 2,500 SF; MCUP if 2,500-5,000 SF; CUP if larger than 5000 SF) Antique stores
Apparel shops and accessories
Appliance stores (household)
Art galleries
Art supply stores
Bakery shops
Bicycle shops (including sales of electric bikes & scooters) Bookstores
Coffee and Tea shops
Computer and electronic stores (home and office, including repairs) Confectionary or candy stores; candy making only when incidental to retail sales from premises
Convenience stores
Delicatessens
Department stores (a store having separate sections for a wide variety of goods) Florist shops (including flower and plant sales)
Furniture stores (no on-site manufacturing)
Gift, novelty, card and souvenir shops
Glass shops (sales only)
Grocery stores
Hobby stores
Ice cream stores
Jewelry stores
Meat markets
Music stores
Newsstand
Notions or sundries store
Pet supply store, excluding sale of pets other than tropical fish or goldfish Pottery sales
Secondhand sales
Shoe stores
Sporting goods stores
Stamp and coin stores
Stationary stores, including mail services
Supermarkets
Toy stores
Retail sales, limited
(CUP)
Alcoholic beverage sales, whether for consumption on or offsite and whether alone or in conjunction with other uses
Glass repair shops (including edging, beveling, silvering and staining) Gun and firearm sales, whether alone or in conjunction with other uses Home improvement and construction products store and plant nurseries Pet sales (excludes dangerous animals and fish, venomous reptiles and the like) Tobacco and e-cigarette sales, whether for consumption on or offsite and whether alone or in conjunction with other uses (note that this includes any product intended to be smoked or vaped, other than marijuana)
Offices, general
(permitted if up to 2,500 SF; MCUP if 2,500-5,000 SF; CUP if larger than 5000 SF) Administrative,
Consulting,
Mail order houses, internet sales, ecommerce
Professional services
Service establishments, general
(permitted if up to 2,500 SF; MCUP if 2,500-5,000 SF; CUP if larger than 5000 SF) Barber and beauty shops
Car share services (such as zipcar), including parking therefor Clothing and costume rental establishments
Cosmetic services, non-medical (including nail salon and tanning salon) Day/health spas (including massage therapy)
Health clubs or centers, exercise gymnasiums, fitness studios (including martial arts, pilates, and yoga)
Locksmith shops
Mailbox and business services stores
Medical office, clinics, outpatient
Pharmacy, drug stores
Pet grooming
Photography studios
Photocopying/duplicating services & print shops
Picture framing stores
Restaurants
Shoeshine stands (in association with shoe stores and must be located within enclosed building)
Shoe repair shops
Tailor shops
Travel agencies
Veterinary clinics
Service establishments, limited
(CUP)
Catering services
Dry cleaning, press or laundry
Laundromats
Lodging – bed and breakfast inns, hotels, and motels, (those with in-suite kitchen facilities subject to density limits of Section 17.36.050(B)) Machinery equipment and rental services
Medical laboratories, research
Veterinary clinics, small animal including incidental boarding Financial institutions, general
(permitted if up to 5,000 SF; MCUP if larger than 5000 SF) Banks
Savings and loan associations
Finance companies
Educational facilities, general
(permitted if up to 5,000 SF; MCUP if larger than 5000 SF) Barber and beauty colleges
Business schools
Dancing, art, music, and similar training schools
Professional/vocational schools
Recreational and entertainment facilities, general
(MCUP if up to 5,000 SF; CUP if larger than 5000 SF)
Circuses, carnivals, fairs
Billiard parlors
Bowling alleys
Clubs, fraternities, sororities and lodges
Parks, playgrounds, and other commercial recreation facilities open to the public which are privately owned and operated
Theaters, dance and music venues (excluding open air)
Automobile and transportation-related establishments, general (CUP)
Car and motorcycle dealerships
Car rentals (other than car share services)
Sales of internal combustion engine-powered vehicles
Painting, detailing service
Parking facilities (surface lot, structure) as a primary use Rental or storage facilities
Repair and/or body shops (shall be within enclosed building only) Service stations (fueling stations)
Utility trailer and truck rental
Residential
(permitted if located outside the prime storefront area, prohibited within the prime storefront area)
Duplexes or two family dwelling units
Multi-family dwelling units
Second units as defined in Chapter 17.22
Single family dwelling units
SROs
PLANNING COMMISSION RESOLUTION 20-11
A RESOLUTION OF THE PLANNING COMMISSIOIN OF THE CITY OF
SIERRA MADRE RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF A COMMERCIAL USES LIST AND AN ORDINANCE
AMENDING CHAPTER 17.08 (“DEFINITIONS”), SECTION 17.20.015 (“DEFINITIONS”), CHAPTER 17.36 (“COMMERCIAL ZONE”) IN ITS ENTIRETY, CHAPTER 17.40 (“MANUFACTURING ZONE”), AND
CHAPTER 17.60 (“VARIANCES AND DISCRETIONARY PERMITS”) OF TITLE 17 (“ZONING”) OF THE SIERRA MADRE MUNICIPAL CODE
WHEREAS, the City Council adopted a General Plan Update in July 2015, and, as part of the General Plan Implementation Program, the City is currently in the process of amending various ordinances in the Municipal Code, including the Commercial Zone and related Zoning provisions; and
WHEREAS, the City desires to update the Sierra Madre Municipal Code by replacing Chapter 17.36 (“C-Commercial Zone”) in its entirety. The amendments include updating the list of permitted and conditionally permitted uses in the commercial zone, updating the corresponding development standards; Amending Chapter 17.08 (“Definitions”), Section
17.20.015 (“Definitions”), Chapter 17.40 (“Manufacturing Zone”), and Chapter 17.60 (“Variances and Discretionary Permits”) to achieve consistency specific to cross references in the Commercial Zone and other related zoning provisions; and WHEREAS, the Planning Commission on March 15, 2018, April 19, 2018, May 17, 2018, February 6, 2020, June 4, 2020, and August 6, 2020, conducted duly noticed public meetings at which time it heard and considered public testimony received and made part of the public record; and
WHEREAS, the Planning Commission has received the report and recommendations of staff; and
WHEREAS, notice was duly given of the public hearing on the matter, which public hearing was held before the Planning Commission on September 3, 2020, with all testimony received and made part of the public record.
THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIERRA MADRE, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Amendment. The Planning Commission recommends the City Council adopt the proposed ordinance amendments, attached to the staff report as Exhibit A and incorporated herein by reference, amending Chapters 17.08 (“Definitions”), Section
17.20.015 (“Definitions”), 17.40 (“Manufacturing Zone”), and 17.60 (“Variances and Discretionary Permits”) of the Sierra Madre Municipal Code.
ATTACHMENT 5
SECTION 3. General Plan Consistency. The Municipal Code Text Amendment is consistent with the Goals and Objectives of the General Plan; in that it would ensure orderly development of commercial uses where they currently exist so that they are compatible with and complement adjacent land uses. The text amendments are consistent with a General Plan objective that the commercial areas provide for a mix of uses which accomplishes a healthy balance of local services and visitor attraction while maximizing the City’s revenues from property and sales tax. Further, the text amendments are consistent with General Plan policies to accommodate a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
SECTION 4. CEQA. The Planning Commission hereby finds that adoption of the amendments qualify for an exemption from California Environmental Quality Act review pursuant to Title 14, Section 15061 subdivision (b)(3) and section 15378, subdivision (a) and (b)(5) of the California Code of Regulations as it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because it will provide regulations regarding the reuse of existing structures, restrictions on business uses, and updating the list of permitted and conditionally permitted uses within the commercial zone. Modifications to the manufacturing zone and discretionary review codes were amended to achieve consistency between cross-references between the manufacturing zone and commercial zone.
PASSED, APPROVED AND ADOPTED ON this 3rd day of September 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Vincent Gonzalez, Director
Planning & Community Preservation
PLANNING COMMISSION RESOLUTION 20-12
A RESOLUTION OF THE PLANNING COMMISSIOIN OF THE CITY OF
SIERRA MADRE RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF THE COMMERCIAL ZONE USES LIST TO BE
MAINTAINED BY THE DIRECTOR OF PLANNING AND COMMUNITY
PRESERVATION
WHEREAS, the City desires to update the Sierra Madre Municipal Code by replacing Chapter 17.36 (“Commercial”) in its entirety. The amendments include updating the list of permitted and conditionally permitted uses in the commercial zone, updating the corresponding development standards and other related zoning provisions; and WHEREAS, a component of the Commercial Zone amendments includes omission of Section 17.36.020 – “Permitted uses and uses permitted by conditional use permit,” and replaced with “Commercial Use Categories;” and
WHEREAS, a stand-alone document, a comprehensive “Commercial Zone Uses” list with reference to Commercial Use Categories should be established by the City Council and maintained by the Director; and
WHEREAS, the Planning Commission has received the report and recommendations of staff; and
WHEREAS, notice was duly given of the public hearing on the matter, which public hearing was held before the Planning Commission on September 3, 2020, with all testimony received and made part of the public record.
THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIERRA MADRE, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Amendment. The Planning Commission recommends the City Council adopt the proposed Commercial Zone Uses list organized by Use Categories, attached to this resolution as Exhibit A and incorporated herein by reference.
SECTION 3. General Plan Consistency. The list of Commercial Zone Uses is consistent with the Goals and Objectives of the General Plan; in that it would ensure a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
SECTION 4. CEQA. The Planning Commission hereby finds that adoption of the amendment qualifies for an exemption from California Environmental Quality Act review pursuant to Title 14, Section 15061 subdivision (b)(3) as it can be seen with certainty that there is no possibility that the adoption of the Commercial Uses List may have a significant ATTACHMENT 6
effect on the environment, because the document is solely intended to be used for classification purposes for new and existing businesses.
PASSED, APPROVED AND ADOPTED ON this 3rd day of September 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Vincent Gonzalez, Director
Planning & Community Preservation
EXHIBIT A
Sierra Madre
Commercial Zone Uses
Organized by Use Category
Retail sales, general
(permitted if up to 2,500 SF; MCUP if 2,500-5,000 SF; CUP if larger than 5000 SF) Antique stores
Apparel shops and accessories
Appliance stores (household)
Art galleries
Art supply stores
Bakery shops
Bicycle shops (including sales of electric bikes & scooters) Bookstores
Coffee and Tea shops
Computer and electronic stores (home and office, including repairs) Confectionary or candy stores; candy making only when incidental to retail sales from premises
Convenience stores
Delicatessens
Department stores (a store having separate sections for a wide variety of goods) Florist shops (including flower and plant sales)
Furniture stores (no on-site manufacturing)
Gift, novelty, card and souvenir shops
Glass shops (sales only)
Grocery stores
Hobby stores
Ice cream stores
Jewelry stores
Meat markets
Music stores
Newsstand
Notions or sundries store
Pet supply store, excluding sale of pets other than tropical fish or goldfish Pottery sales
Secondhand sales
Shoe stores
Sporting goods stores
Stamp and coin stores
Stationary stores, including mail services
Supermarkets
Toy stores
Retail sales, limited
(CUP)
Alcoholic beverage sales, whether for consumption on or offsite and whether alone or in conjunction with other uses
Glass repair shops (including edging, beveling, silvering and staining) Gun and firearm sales, whether alone or in conjunction with other uses Home improvement and construction products store and plant nurseries Pet sales (excludes dangerous animals and fish, venomous reptiles and the like) Tobacco and e-cigarette sales, whether for consumption on or offsite and whether alone or in conjunction with other uses (note that this includes any product intended to be smoked or vaped, other than marijuana)
Offices, general
(permitted if up to 5,000 SF; MCUP if larger than 5000 SF) Administrative,
Consulting,
Mail order houses, internet sales, ecommerce
Professional services
Service establishments, general
(permitted if up to 2,500 SF; MCUP if 2,500-5,000 SF; CUP if larger than 5000 SF) Barber and beauty shops
Car share services (such as zipcar), including parking therefor Clothing and costume rental establishments
Cosmetic services, non-medical (including nail salon and tanning salon) Day/health spas (including massage therapy)
Health clubs or centers, exercise gymnasiums, fitness studios (including martial arts, pilates, and yoga)
Locksmith shops
Mailbox and business services stores
Medical office, clinics, outpatient
Pharmacy, drug stores
Pet grooming
Photography studios
Photocopying/duplicating services & print shops
Picture framing stores
Restaurants
Shoeshine stands (in association with shoe stores and must be located within enclosed building)
Shoe repair shops
Tailor shops
Travel agencies
Veterinary clinics
Service establishments, limited
(CUP)
Catering services
Dry cleaning, press or laundry
Laundromats
Lodging – bed and breakfast inns, hotels, and motels, (those with in-suite kitchen facilities subject to density limits of Section 17.36.050(B)) Machinery equipment and rental services
Medical laboratories, research
Veterinary clinics, small animal including incidental boarding Financial institutions, general
(permitted if up to 5,000 SF; MCUP if larger than 5000 SF) Banks
Savings and loan associations
Finance companies
Educational facilities, general
(permitted if up to 5,000 SF; MCUP if larger than 5000 SF) Barber and beauty colleges
Business schools
Dancing, art, music, and similar training schools
Professional/vocational schools
Recreational and entertainment facilities, general
(MCUP if up to 5,000 SF; CUP if larger than 5000 SF)
Circuses, carnivals, fairs
Billiard parlors
Bowling alleys
Clubs, fraternities, sororities and lodges
Parks, playgrounds, and other commercial recreation facilities open to the public which are privately owned and operated
Theaters, dance and music venues (excluding open air)
Automobile and transportation-related establishments, general (CUP)
Car and motorcycle dealerships
Car rentals (other than car share services)
Sales of internal combustion engine-powered vehicles
Painting, detailing service
Parking facilities (surface lot, structure) as a primary use Rental or storage facilities
Repair and/or body shops (shall be within enclosed building only) Service stations (fueling stations)
Utility trailer and truck rental
Residential
(permitted if located outside the prime storefront area, prohibited within the prime storefront area)
Duplexes or two family dwelling units
Multi-family dwelling units
Second units as defined in Chapter 17.22
Single family dwelling units
SROs
City of Sierra Madre
Agenda Report
TO: Honorable Mayor Capoccia and Members of the City Council FROM: Gabe Engeland, City Manager
REVIEWED BY: Vincent Gonzalez, Planning and Community Preservation Director DATE: November 10, 2020
SUBJECT: SECOND READING OF ORDINANCE 1431 AMENDING
CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.36
(COMMERCIAL), CHAPTER 17.60 (VARIANCES AND
DISCRETIONARY PERMITS) AND APPROVING
RESOLUTION 20-62 COMMERCIAL ZONE USES LIST
STAFF RECOMMENDATION
Staff recommends that the City Council conduct a second reading of Ordinance No. 1431, amending Chapter 17.08 (Definitions), Chapter 17.36 (Commercial), Chapter
17.60 (Variances and Discretionary Permits) and approving Resolution 20-62 Commercial Zone Uses List.
SUMMARY
At the meeting on October 27, 2020, City Council introduced for first reading Ordinance 1431 regarding amendments to Chapter 17.08 (Definitions), Chapter 17.36 (Commercial), Chapter 17.60 (Variances and Discretionary Permits) and approving Resolution 20-62 Commercial Zone Uses List.
Staff recommends that the City Council conduct a second reading of Ordinance 1431 as amended by the City Council at their meeting on October 13, 2020.
ANALYSIS
A clean version of Ordinance 1431 is attached herein as Exhibit A. A redline version of Ordinance 1431 is attached herein as Exhibit B for reference.
General Plan Policies
In July 2015, the City Council adopted a General Plan Update that included new land use policies and an Implementation Program for the adoption of those policies. State law requires that the zoning ordinance be consistent with the adopted General Plan; therefore, it is important to move forward with the series of amendments to comply with state law.
On September 22, 2015, as part of the Strategic Plan goals, staff received City Council direction to prioritize General Plan Implementation Measures for calendar years 2015- 2020. Revisions to the Commercial Zone were identified for implementation during this period.
Land Use Implementation Measure-5 (IM-5) includes direction to enforce the Commercial John Capoccia, Mayor
Rachelle Arizmendi Mayor Pro Tem
Gene Goss, Council Member
John Harabedian, Council Member
Sue Spears, City Clerk
Michael Amerio City Treasurer
Zoning Ordinance, and amend it as necessary to maintain an area of the City for commercial uses. A short list of applicable Goals and Policies of the General Plan are provided below:
L3.1: Maintain an area in the City for commercial development through the review and update of appropriate standards and regulations for new construction.
L3.2: Encourage the development of specialty retail, including stores selling products of local artisans and craftsmen, art galleries, and design furnishings.
L3.3: Encourage the development of restaurants, bed and breakfasts, and other visitorserving uses.
L3.4 Encourage the development of service and retail uses which meet the needs of local residents and local business people and residents.
L3.5: Encourage businesses that attract more people to the downtown area in the evening.
L3.6 Encourage office and technology uses without displacing retail.
L3.7 Encourage commercial uses that do not add a burden on the City’s natural resources, including water resources.
L33.1 Require that the ground floor elevation of a commercial space (storefront or professional) facing the sidewalk be visibly and physically penetrable by placing windows and doorways at the street elevation.
L33.2 Encourage professional and personal service businesses and other non-retail uses to be located on the second floor or to the rear of commercial properties, thereby allowing retail uses to be located along the street frontage.
L33.7 Encourage the development of outdoor spaces for dining and public gathering spaces.
L34.1 Encourage the enhancement of rear entrances to existing businesses.
L34.3 Identify opportunities to improve pedestrian access from public parking areas to commercial uses, particularly the access from the parking lot on Mariposa Avenue to the commercial uses on the south side of Sierra Madre Boulevard.
L35.4 Allow for residential uses at the rear and above the first floor on commercial properties.
L35.5 Establish a required minimum depth for commercial uses which have residential uses located at the rear.
L37.12: Examine other parking opportunities and other options to address the shortfall of onsite parking space requirements in order to accommodate re-use of existing commercial spaces and new uses.
PURPOSE AND CONSISTENCY WITH THE GENERAL PLAN
The Municipal Code Text Amendment is consistent with the Goals and Objectives of the General Plan; in that it would ensure orderly development of commercial uses where they currently exist so that they are compatible with and complement adjacent land uses. The text amendments are consistent with a General Plan objective that the commercial areas provide for a mix of uses which accomplishes a healthy balance of local services and visitor attraction while maximizing the City’s revenues from property and sales tax. Further, the text amendments are consistent with General Plan policies to accommodate a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors.
CEQA / ENVIRONMENTAL
The subject ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, § 15061 subdivision (b)(3) and § 15378, subdivision (a) and (b)(5) of the California Code of Regulations as it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because it will provide regulations regarding the reuse of existing structures, restrictions on business uses, and updating the list of permitted and conditionally permitted uses within the commercial zone.
Modifications to the manufacturing zone and discretionary review codes were amended to achieve consistency between cross-references between the manufacturing zone and commercial zone.
FINANCIAL REVIEW / SOURCE OF FUNDING
There is no immediate financial impact related to the proposed amendments to Chapter 17.08 (Definitions), Section 17.20.015 (Definitions), Chapter 17.36 (Commercial Zone) in its entirety, Chapter 17.40 (Manufacturing Zone), and Chapter 17.60 (Variances and Discretionary Permits) of the Sierra Madre Municipal Code. Staff time was incurred in the preparation of the report and draft ordinance.
PUBLIC NOTICE PROCESS
This item has been noticed though the regular agenda notification process. Copies of the report are available via the City’s website at www.cityofsierramadre.com, at the City Hall public counter, and the Sierra Madre Public Library. Notice of the hearing was published consistent with the requirements of Government Code Section 65090, including publication of a summary notice of public hearing in the local adjudicated newspaper.
Attachments:
Attachment 1 – City Council Ordinance 1431
Exhibit A – Ordinance 1431 (clean)
Exhibit B – Ordinance 1431 (redline)
Attachment 2 – City Council Resolution 20-62 (Commercial Zone Uses List) Attachment 3 – Planning Commission Resolution 20-11 (Commercial Code Update) Attachment 4 – Planning Commission Resolution 20-12 (Commercial Zone Uses List)
ORDINANCE NO. 1431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA
MADRE CALIFORNIA AMENDING CHAPTER 17.08 (“DEFINITIONS”), CHAPTER 17.36 (“COMMERCIAL”), AND CHAPTER 17.60
(“VARIANCES AND DISCRETIONARY PERMITS”) OF THE SIERRA
MADRE MUNICIPAL CODE
WHEREAS, the City Council adopted a General Plan Update in July 2015, and, as part of the General Plan Implementation Program, the City is currently in the process of amending various ordinances in the Municipal Code, including the Commercial Zone and related Zoning provisions; and
WHEREAS, the City desires to update the Sierra Madre Municipal Code by updating Chapter 17.36 (“Commercial Zone”). The amendments include updating the list of permitted and conditionally permitted uses in the commercial zone, updating the corresponding development standards; Amending Chapter 17.08 (“Definitions”), Chapter
17.36 (Commercial), and Chapter 17.60 (“Variances and Discretionary Permits”), to achieve consistency specific to cross references in the Commercial Zone and other related zoning provisions; and
WHEREAS, the Planning Commission on March 15, 2018, April 19, 2018, May 17, 2018, February 6, 2020, and August 6, 2020, conducted duly noticed public meetings at which time it heard and considered public testimony being received and made part of the public record; and
WHEREAS, notice was duly given of the public hearing on the matter, which public hearing was held before the Planning Commission on September 3, 2020, with all testimony received and made part of the public record; and WHEREAS, the City Council has received the report and recommendations of staff.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Amendment. The City Council recommends the adoption of the proposed ordinance amendments, attached to the staff report as Exhibit A and incorporated herein by reference, amending Chapters 17.08 (“Definitions”), 17.36 (“Commercial”), and 17.60 (“Variances and Discretionary Permits”) of the Sierra Madre Municipal Code.
ATTACHMENT 1
SECTION 3. General Plan Consistency. The Municipal Code Text Amendment is consistent with the Goals and Objectives of the General Plan; in that it would ensure orderly development of commercial uses where they currently exist so that they are compatible with and complement adjacent land uses. The text amendments are consistent with a General Plan objective that the commercial areas provide for a mix of uses which accomplishes a healthy balance of local services and visitor attraction while maximizing the City’s revenues from property and sales tax. Further, the text amendments are consistent with General Plan policies to accommodate a diversity of commercial uses intended to meet the needs of local residents, and to accommodate commercial uses intended to attract visitors. Applicable General Plan Policies are provided below:
L3.1: Maintain an area in the City for commercial development through the review and update of appropriate standards and regulations for new construction.
L3.2: Encourage the development of specialty retail, including stores selling products of local artisans and craftsmen, art galleries, and design furnishings.
L3.3: Encourage the development of restaurants, bed and breakfasts, and other visitorserving uses.
L3.4 Encourage the development of service and retail uses which meet the needs of local residents and local business people and residents.
L3.5: Encourage businesses that attract more people to the downtown area in the evening.
L3.6 Encourage office and technology uses without displacing retail.
L3.7 Encourage commercial uses that do not add a burden on the City’s natural resources, including water resources.
L33.1 Require that the ground floor elevation of a commercial space (storefront or professional) facing the sidewalk be visibly and physically penetrable by placing windows and doorways at the street elevation.
L33.2 Encourage professional and personal service businesses and other non-retail uses to be located on the second floor or to the rear of commercial properties, thereby allowing retail uses to be located along the street frontage.
L33.7 Encourage the development of outdoor spaces for dining and public gathering spaces.
L34.1 Encourage the enhancement of rear entrances to existing businesses.
L34.3 Identify opportunities to improve pedestrian access from public parking areas to commercial uses, particularly the access from the parking lot on Mariposa Avenue to the commercial uses on the south side of Sierra Madre Boulevard.
L35.4 Allow for residential uses at the rear and above the first floor on commercial properties.
L35.5 Establish a required minimum depth for commercial uses which have residential uses located at the rear.
L37.12: Examine other parking opportunities and other options to address the shortfall of on-site parking space requirements in order to accommodate re-use of existing commercial spaces and new uses.
SECTION 4. CEQA. The Planning Commission hereby finds that adoption of the amendments qualify for an exemption from California Environmental Quality Act review pursuant to Title 14, Section 15061 subdivision (b)(3) and section 15378, subdivision (a) and (b)(5) of the California Code of Regulations as it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because it will provide regulations regarding the reuse of existing structures, restrictions on business uses, and updating the list of permitted and conditionally permitted uses within the commercial zone. Modifications to the manufacturing zone and discretionary review codes were amended to achieve consistency between cross-references between the manufacturing zone and commercial zone.
SECTION 5. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California Government Code Section 36933, shall certify to the adoption of this Ordinance and his/her certification, together with proof of the publication, to be entered in the book of Ordinances of the City Council.
SECTION 7. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code Section 36937.
PASSED, APPROVED AND ADOPTED, this day of , 2020.
___________________________
John Capoccia, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Sue Spears, City Clerk Aleks R. Giragosian, City Attorney I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Sierra Madre, California, at a regular meeting held on the ___ day of ______ 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
EXHIBIT A
(Clean)
Chapter 17.08 - DEFINITIONS
Sections:
17.08.010 - Definitions—Generally.
For the purpose of this title, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed to them in this chapter.
(Prior code § 9120)
17.08.020 - Words, terms, phrases defined.
"Abut, adjoining or contiguous" means, in reference to real property, two or more lots sharing a common lot line; with reference to two or more objects, the same shall mean in immediate contact with each other.
"Access" means the place, or way, by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a lot, from a public or private street or alley. "Accessory" means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Where the wall of an accessory building has a common wall or a portion of a common wall not less than four feet in length, such accessory building shall be considered as part of the main building. "Accessory use" means a use which is directly related, but clearly subordinate, to a principal use. All accessory uses shall be established and maintained on the same lot as the principal use which they serve, except as expressly otherwise provided herein.
"Adjacent" means two or more objects which are located in close proximity to each other. "Adult residential facility" is a state licensed residential home for adults eighteen through fifty-nine years of age with mental health care needs who have physical and/or developmental disabilities and require or prefer assistance with care and supervision. An adult residential facility is a subset of a community care facility.
"Adult residential facility for persons with special health care needs" is a state licensed residential home that provides twenty-four-hour services for up to five adults with developmental disabilities who have special health care and intensive support needs and who would otherwise need to reside in an institution.
An adult residential facility with special health care needs is a subset of a residential health care facilities (chronically ill).
"Affordable unit" has the meaning indicated in Section 17.34.020. "Alley" means a public or private way designated as an alley by the city, other than a street, permanently reserved as a means of secondary vehicular access to adjoining properties. "Apartment" means the same as "dwelling unit."
"Apartment house" means a multi-family dwelling.
"Assessed value" means the then assessed value of the land, building or structure, as is shown on the current assessment role in effect as of the time of the making of the determination of such assessed value. "Assessor" means the tax assessor of the county of Los Angeles. "Assisted living facility" means the same as "residential care facility for the elderly." "Barber shop" means a place of business for a barber, whose occupation is to cut any type of hair, give shaves and trim beards.
"Basement" is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
"Beauty shop" means establishments where hairdressing, and services incidental to hairdressing are done, including the sale of beauty supplies and cosmetics. "Bed and breakfast inn" has the meaning indicated in Section 17.82.030. "Bedroom" R-2 zone. For the purpose of calculating parking requirements in the R-2 zone, the following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one family or recreation room, one dining room, and bathrooms. "Bedroom" R-3 and R-P zones. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one dining room, and bathrooms. Single-family residences located in the R-3 and R-P zones shall be subject to the bedroom definition in the R-1 zone. "Block" means all properties fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, water way, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
"Boarding house" means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreement or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence.
Such use is prohibited in all zones excluding licensed group living facilities or similar uses. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or property of any kind.
Building, Accessory. "Accessory building" means a separate, detached building, housing a permitted accessory use, located on the same lot as the main building or principal use.
Building Height. See "Height."
Building, Main. "Main building" means a building in which is conducted one or more principal uses permitted on the lot upon which it is situated.
"Building site" means: (1) the ground area of one lot or (2) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces, as required by this chapter.
"Business day" means a day on which city offices are open for regular business. "Canopy" means any structure, temporary or permanent, constructed of canvas or other cloth or material on a framework sheltering an area, or forming a sheltered walk to the entrance of a building. "Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage. "Centerline" means the centerline, as determined by the city engineer, of any street, highway or alley. "Child care center" means a facility with an organized daytime program for the supervision and care of children who are not related to the person operating such facility and where the operator is not required to live on the property.
"Children's day care center" (emotionally disturbed) means a state licensed institution of no more than six beds intended solely for the admission and treatment of minors with mental illness or behavior or emotional disorders. A children's day care center is a subset of a community care facility. "City" means the city of Sierra Madre.
"City manager" means the city manager of the city.
"Clerk" means the city clerk of the city.
Club, Private. "Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a commercial enterprise. "Code" means the Sierra Madre Municipal Code.
"Commission" means the planning commission of the city. "Communications equipment buildings" mean buildings housing operating electrical and mechanical equipment utilized in conducting a public utility communications operation. "Community care facilities" are licensed by the community care licensing division of the state department of social services or similar state programs that provide non-medical residential care to children or adults who are physically disabled and/or mentally impaired who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.
Community care facilities are comprised of adult residential facility, children's day center (emotionally disturbed), group home, and residential school (developmentally disabled). "Continuing care retirement community" is a state licensed "residential care facility for the elderly" that offers a long-term continuing care contract that provides for housing, residential services, and nursing care, usually in one location, and usually for resident's lifetime. Continuing care retirement community is a subset of a residential care facility for the elderly.
"Council" means the city council of the city.
"Director" means director of planning for the city.
"Disabled" as defined in state or federal law.
"Drug and alcohol recovery and rehabilitation facilities" are unlicensed homes, residences, facilities, or premises which provide housing and supportive services for persons recovering from drug and alcohol abuse in a group setting, but do not provide professional medical, psychiatric, psychological, or nursing care for the purpose of curing persons of drug or alcohol addiction. A residential drug and alcohol rehabilitation facility is a type of "sober living home." "Drug and alcohol treatment facilities" are licensed by the state department of drug and alcohol programs or similar state programs serving six or fewer persons that provide twenty-four-hour residential non-medical services to adults who are recovering from problems related to alcohol and/or drugs and need treatment or detoxification services. Individuals in recovery from drug and alcohol addiction are defined as disabled under the Federal Fair Housing Act.
"Duplex" means the same as "Dwelling, two-family."
Dwelling, Multi-family. "Multi-family dwelling" or "multiple family dwelling" means a building designed or used for occupancy, as living quarters, by three or more separate families or persons and containing one dwelling unit per separate family or person.
Dwelling, Single-family. "Single-family dwelling" means a detached building designed or used for occupancy, as living quarters, by one person or one family. "Single-family dwelling" shall also include a modular home manufactured and certified under the National Mobilehome Construction and Safety Standards Act of 1974 on a permanent foundation system approved by the city engineer.
Dwelling, Two-family. "Two-family dwelling" means a building designed or used for occupancy, as living quarters, by two separate families or persons and containing two dwelling units. "Dwelling unit" means one or more rooms in a building designed and intended to be used as living quarters by one person or one family.
"Educational institution" means any public, private or parochial; elementary, junior high, high school, university, or other school giving general academic instruction in the several branches of learning.
"Emergency shelter" means any building used by a nonprofit organization to provide emergency housing and meals on a temporary basis (six months or less) to stranded, evicted, transient, or otherwise dislocated and homeless persons until a satisfactory solution to their immediate problem is found. "Engineer" means the city engineer of the city.
"Explosives" mean any explosive substance, as defined in Section 12000 of the Health and Safety Code of the state of California.
"Facilities for preparole adjustment/rehabilitation" mean any building where a program is conducted to prepare prisoners for return to the community in which they live and assist them in developing emotionally stable and economically productive lives.
"Family" means a "housekeeping unit".
"Family day care home" is a licensed facility offering an organized daytime program for the supervision and care of children in the licensees own home. Family day care homes are comprised of family day care home-small, and family day care home-large.
"Family day care home, large" means a licensed facility offering an organized daytime program for the supervision and care of nine and up to fourteen children in the licensees own home. "Family day care home, small" means a licensed facility offering an organized daytime program for the supervision and care of up to eight or fewer children in the licensees own home. "First story" means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below preexisting natural grade, as defined herein, for more than fifty percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point. "Floor area" means the sum of the horizontal areas of floors of buildings measured from the exterior face of exterior walls.
Floor Area Net. "Net floor area" means the total horizontal floor area of all the floors of a building included within the surrounding walls, exclusive of vents, shafts, courts, elevators, stairways and similar facilities.
"Fraternity" means the same as "Club, Private."
Frontage, Street. "Street frontage" means the length of a lot line of a lot which abuts a street. "Garage" means any building, with three enclosed sides, provided with a closeable access door or doors, which is used or intended to be used for automobile shelter or storage.
Gender. When consistent with context, words in the masculine gender include the feminine and neuter genders.
Grade. Whenever the term "grade" is used alone, it shall refer to the most restrictive condition. "Grade, finished" means the final grade of the site which conforms to the approved plan. "Grade, natural" means prior to deposit of earth material placed by artificial means and/or prior to the mechanical removal of earth material.
"Grade, preexisting" means an established grade that exists on a site for which a legal grading or building permit was in effect for ten years prior to a request for a building, demolition or grading permit. "Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. "Group home" means a state licensed facility that provides twenty-four-hour non-medical care and supervision in a structured environment to troubled youths who exhibit social, psychological, and behavioral problems and is a subset of a community care facility.
"Guest house" means living quarters located within an accessory building, designed and utilized for the sole use of persons employed on the lot, or for temporary use by guests of the occupants of the dwelling
located upon such lot. Guest houses shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit.
"Group living facilities" means any home, residence, facility, or premises which provides temporary, interim, or permanent housing for persons with mental, physical and/or developmental disabilities (as defined in state or federal law) in a group setting.
"Height" of building is the vertical distance above a reference datum measured to the highest point of the roof structure. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The lowest elevation of adjoining finished grade within a five-foot horizontal distance of the exterior wall of the building;
2. The lowest elevation of adjoining preexisting natural grade within a five-foot horizontal distance of the exterior wall of the building.
The height of a stepped or terraced building is the maximum height of any segment of the building. "Highway" means the same as "Street."
"Home occupations" mean any ongoing or repetitive business or professional use, activity or utilization of residentially zoned and improved property, by the inhabitants of said property, which is incidental and accessory to the primary residential use and does not generate an adverse impact to the surrounding neighborhood, pursuant to the provisions of Chapter 17.85 of this title. "Hospital, general" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short-term care in acute medical, surgical and obstetrical services.
"Hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway, to one or more guest rooms, which are designed and intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests. "Household pets" mean, and are limited to, the following pets, maintained principally within a dwelling unit:
1. Domesticated cats;
2. Domesticated dogs;
3. Fish, without limit on number; and
4. Any bird which is:
a. Customarily kept in residence with man; and
b. Kept, at all times, within a dwelling unit; specifically, "bird" shall not include, among others, for the purpose of these regulations, chickens, hens, roosters, geese or ducks. "Housekeeping unit" means a single, integrated home-style of living together and sharing of space in a nonexclusive, noncompartmentalized lifestyle with one kitchen, one set of utilities, and one mailing address and with one front door for all persons residing at that location. "Kennel" means a place where four or more adult dogs and/or cats are kept, whether by the owner of such dogs and cats or by other persons, providing facilities and care, whether or not for compensation. An "adult" dog or cat, for the purpose of these regulations, is one that has reached the age of four months. "Kitchen" means any room or space within a building designed and intended to be used for the cooking or the preparation of food.
"Landscaping" means the planting and maintenance of natural and/or artificial trees, shrubs, vines, ground covers, flowers and lawns. In addition, the same may include natural features such as rock and stone; and structural features, including but not limited to, fountains, reflecting pools, art works, screens,
walls, fences and benches; "landscaped area" means an area upon which landscaping is required by these regulations to be continuously maintained.
"Livestock" means a use involving the grazing, care and maintenance of cattle and/or horses for commercial or noncommercial purposes.
"Long-term care facility (mental disorders)" means a state licensed facility of seven-patient capacity or more intended primarily for the admission of chronic mentally ill or mentally disordered or other incompetent persons who are provided medical care, nursing services and intensive supervision.
A long-term care facility (mental disorders) is a subset of residential health care facilities (chronically ill).
"Lot" or "parcel of land" means:
1. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or
2. A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or
3. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or
4. Any parcel of real property otherwise lawfully created and dimensioned prior to October 1, 1955; or
5. Two or more lots which are combined by an appropriate recorded written instrument, or two or more lots which are combined by a common usage, shall be deemed, for all purposes, a single lot.
"Lot area" means the total horizontal area within the boundary lines of a lot or parcel; provided, however, that the following shall be excluded from the computation thereof:
1. Any portion of said lot or parcel which serves as an access easement to any other lot or building site; or
2. Any portion of said lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
For the purpose of determining area in the case of an irregular, triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line.
Lot Area, Interior. "Interior lot area" means the total lot area minus: (1) the sum of the ground floor area of all buildings located thereon, and (2) any area used for perimeter landscaping.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more streets, which streets have an angle of intersection of not more than one hundred thirty-five degrees. "Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line, the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.
Lot, Interior. "Interior lot" means a lot, other than a corner or reversed corner, or through lot.
Lot, Key. "Key lot" means a lot which has a side lot line which is a common lot line with the rear lot line of a reversed corner lot.
Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
1. For a triangular or gore-shaped lot a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; and
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; and
3. In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
Lot Line, Side. "Side lot line" means any lot line which is not a front or rear lot line.
Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front line of a lot which adjoins the rear lot line of said corner lot.
Lot, Through. "Through lot" means a lot having frontage on two approximately parallel streets. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.
Average width shall be the average of the length of line drawn parallel to the "lot width line" extending toward the front and rear lot lines at ten-foot intervals, but excluding from such determination any prolongated portions of the lot used exclusively for access to a public street or for a driveway.
In computing lot width or average width, the following shall be excluded:
1. Any portion of said width which serves as an access easement to any other lot or building site; and
2. Any portion of said width which serves as an improved surface flood control project under the jurisdiction of any public agency.
"Main commercial street" means Sierra Madre Boulevard, Baldwin Avenue. "Map" means the zoning map of the city.
"Manufacturing" means the creation of a product from raw materials. "May" is permissive.
"Medical and/or dental clinic" means any facility providing health service, or medical, surgical or dental care of the sick or injured, but shall not include inpatient or overnight accommodations. "Medical clinic" includes health center, health clinic, doctors' and dentists' offices. "Mobilehome" means a mobilehome defined as such in the Mobilehome Park Law (Health and Safety Code, Section 18000 et seq.).
"Mobilehome park" means any lot where mobilehomes and/or sites are rented or leased or offered for rent or lease.
"Mobilehome site" means that portion of a mobilehome park designated for use or occupancy of one mobilehome and including all appurtenant facilities thereon. "Modular home" means factory constructed, single-family one-story detached dwellings, certified under the National Mobilehome Construction and Safety Standards Act of 1974, with approved sticker attached, and placed on full, approved foundation systems and permanently anchored thereto. "Motel" means one or more buildings containing rooms, each having a separate entrance leading directly from the outside of the buildings or from an inner court, which rooms are designed for rental for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. "Motel" includes auto courts, motor lodges and tourist courts.
"Nonconforming building or structure" means a building or structure, or portion thereof, which was lawfully altered or constructed in accordance with the then existing zoning regulations of the city, but which did not comply with subsequently adopted zoning regulations, or which does not conform to these regulations.
"Nonconforming use" means the utilization of any lot, building, buildings or structures, or any combination thereof, which use, when established, conformed to the then existing zoning regulations, but which did not comply with subsequently adopted zoning regulations, or which does not conform to these regulations.
Notice. Whenever written notice is required to be given by personal service thereof upon the person or persons to be notified, or by United States mail, postage prepaid, addressed to such person or persons at his last known address; such notice shall be conclusively deemed to have been given as of the time of personal service, or as of the time the same is deposited in the course of postal transmission. "Nursery (developmentally disabled)" means a state-licensed facility intended primarily for the admission of nonambulatory intellectually disabled patients, who are provided nursing services primarily in crib accommodations serving six or fewer persons. Nursery (developmentally disabled) is a subset of residential health care facilities (chronically ill).
"Nursery school" means the same as "child care center." "Open space" means an area other than a required yard area, driveway or off-street parking facility, which has no building or structure located therein, except for those used exclusively for recreational purposes. To meet the requirement of open space such area, referred to as usable open space, shall meet the following:
If the same is located upon the ground, or upon the roof of a subterranean garage, such contiguous area shall not be less than five hundred square feet in area; and If the roof of such subterranean garage is utilized for such open space all such roof areas may be utilized for such open space provided that the same is not in excess of two feet above the grade of the lot immediately adjacent thereto; and
That where such open space is located on any roof area, other than a subterranean garage, not to exceed twenty-five percent of such roof area may be utilized to meet the open space requirement. “Parking Space, Off-Street.” "Off-street parking space" means a readily accessible area on a lot, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one automobile.
"Perimeter landscaping" means any landscaping required by the provisions of this code which is adjacent to, and runs substantially parallel with, any property line of the lot for which such landscaping is required.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, public agency, public utility, or any group or combination acting as a unit; "person" shall not include the city. “Primary use” or "principal use" means the main purpose for which a lot is developed and occupied, including the activities that are conducted on the lot a majority of the hours during which activities occur. "Preschool child care center" is a licensed facility that serves children ages two to four. "Prime storefront area" means that portion of a building located on the first floor, from the property line facing a main commercial street back to a depth of 50 feet. "Processing" means, when used in reference to a commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more salable or usable.
"Recorder" means the county recorder of the county of Los Angeles. "Regulations" means the provisions of this title.
"Residential care for the chronically ill" is a facility that provides care and supervision to adults who have terminal illness and is a subset of residential health care facilities (chronically ill). "Residential care facility for the elderly" means a licensed housing arrangement chosen voluntarily by persons sixty years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under sixty years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316 of the Health and Safety Code. Residential care facilities for the elderly are comprised of assisted living facilities, and continuing care retirement communities. Facilities serving six or fewer persons are allowed in residential zones. "Residential health care facilities (chronically ill)" are licensed by the state department health services and state department of mental health serving six or fewer persons. These include congregate living health facilities, which provide in-patient care who may be terminally ill, ventilator dependent, or catastrophically and severely disabled, and intermediate care facilities for persons who need intermittent nursing care.
Residential health care facilities (chronically ill) are comprised of adult residential facilities for persons with special health care needs, long-term care facility (mental disorders), nursery (developmentally disabled), and residential care for the chronically ill.
"Residential school (developmentally disabled)" means a state-licensed facility intended primarily for the admission, care, and treatment of educable and trainable developmentally disabled patients. The facility shall provide an educational program on the premises as one of its services. Residential school is a subset of a community care facility.
"School aged child care facility" is a state licensed facility that serves children ages five to seventeen. "Secretary" means the secretary of the commission.
"Service station" is a retail place of business engaged primarily in the sale of motor fuels, but also engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. Such goods and services include sale of petroleum products; sale and servicing of tires, batteries and automotive accessories; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, and automobile or truck rental or storage shall not be deemed permitted as a part of such service station usage. "Shall" is mandatory.
Singular. When consistent with the context, words in the singular number shall include the plural. "Sorority" means the same as "club, private."
"State" means the state of California.
"Story" means 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 or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above pre-existing or natural grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, such useable or unusable underfloor space shall be considered as a story. "Street" means a public or private way permanently reserved as a primary means of vehicular access to adjoining property; "street" shall not include an "alley." Street Frontage. See "Frontage, street."
"Structural alterations" means any change in the supporting members of a building such as foundation, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in roof or exterior lines. "Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
Except: Fences or walls less than three feet in height located in any required yard area, provided the same are not adjacent to any property line and do not interfere with, divert, block or channel surface water run-off. All fences and walls (regardless of height) adjacent to property lines and those which interfere with, divert, block or channel surface water run-off. All fences and walls (regardless of height) adjacent to property lines and those which interfere with, divert, block or channel surface water run-off shall not be excepted.
"Supportive housing" means housing with no limit on length of stay that is occupied to the target population as defined in the Health and Safety Code 53260(d), which provides services for six or fewer persons and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her heath status, and maximizing his or her ability to live, and when possible, work in the community.
Tenses. When consistent with the context, words used in the present tense include the past and future tenses and words in the future tense include the present tense. "Tent" means any structure, temporary or permanent, constructed of canvas or other cloth or material attached to, and encloses, a framework that is intended to provide shelter to an area.
Trailer, Automobile. "Automobile trailer" means a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same uses as an automobile trailer without motor power.
Trailer Park, Trailer Court and Public Camp. Any or all of them shall mean any area or tract of land used or designed to accommodate one or more automobile trailers or one or more camp parties, including tents or other camping outfits and including trailer camps as defined by state law. "Transfer station" means an area, including any necessary building or structures, for the temporary storage and the salvage of rubbish, garbage or industrial waste. "Target population" is defined as adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health problems; and persons eligible for services under the Lanterman Development Disabilities Act, which provides services to persons with developmental disabilities that originate before the person turned eighteen. "Transitional housing" means rental housing provided to facilitate the movement of homeless individuals or families to conventional housing. Transitional housing may take the form of single-family or multi-family units, and may include supportive services operated under program requirements to allow individuals or families to gain necessary life skills in support of independent living. This type of housing may be occupied by a program recipient for a minimum of six months up to a maximum of two years, at which time it may be recirculated to another eligible program recipient. "Triplex" means the same as "dwelling, three-family."
"Use" means the utilization of a lot, building, structure or any combination thereof. "Writing" includes any form of message recorder in English and capable of visual comprehension. "Yard" means an open space, other than a court bounded on three or more sides by the exterior walls of a building, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. Wherever in this chapter required yards are prescribed, the same shall be established from the boundary line of such lot or parcel; provided, that the following shall be excluded, and the boundary line shall be deemed to be the interior line of:
1. Any portion of said lot or parcel which serves as an access easement to any other lot or building site;
2. Any portion of said lot or parcel which serves as an improved surface flood control project under the jurisdiction of any public agency.
Yard, Front. "Front yard" means an area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front
yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curbed front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in a manner prescribed in this definition.
Yard, Rear. "Rear yard" means a yard extending across the full width of a lot, immediately adjacent to the rear lot line thereof. The depth of a required rear yard shall be the specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot.
Yard, Rear Line of Required Front. "Rear line of required front yard" means a line parallel to the front lot line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot.
Yard, Required Setback. For purposes of the restriction of any structure exceeding forty-two inches in height, the term "setback" includes any required yard, front, side or back.
Yard, Side. "Side yard" means a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the beginning of the required rear yard line, and at right angles to the nearest point of a side lot line towards the nearest part of a main building.
"Zoning map" or "map" means the official zoning map of the city. (Ord. 1234 §§ 1, 2, 2005; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1185 § 2 (part), 2000; Ord. 1184 § 2, 2000; Ord. 1161 § 2A, 1998; Ord. 1136 § 1, 1997; Ord. 115 § 5, 1995; Ord. 1084 § 1 (part), 1992; Ord. 1035 § 1, 1987; Ord. 1024 § 1, 1986; Ord. 996 § 1, 1982; prior code § 9121) (Ord. No. 1282, § 1, 10-28-08; Ord. No. 1352, §§ 1—3, 2-11-14; Ord. No. 1354, § 2, 6-10-14; Ord. No. 1379, § 1, 9-27-16; Ord. No. 1385, § 1, 2-14-17; Ord. No. 1389, Exh. A, § 1, 7-11-17)
Chapter 17.36 - C COMMERCIAL ZONE[5]
Sections:
Footnotes:
--- (5) ---
Editor's note— Ord. No. 1296, § 1, adopted July 28, 2009, amended chapter 17.36 in its entirety to read as herein set out. Former chapter 17.36, §§ 17.36.010—17.36.210, pertained to similar subject matter and derived from Prior code §§ 9450—9455; Ord. 973, § 2(part), 1980; Ord. 984, § 6, 1981; Ord. 1041, § 1(part), 1988; Ord. 1051, § 4(part), 1989; Ord. 1084 § 1 (part), 1992; Ord. 1113 § 3, 1994; Ord. 1116 § 3, 1994; Ord. 1133, § 4, 1996; Ord. 1135 § 4, 1996; and Ord. 1214, § 2(Exh. 1(part), 2004.
17.36.010 - Criteria for commercial zoning.
The following criteria are established to assist citizens, staff, planning commission and city council in the administration and application of the C zone.
A. General or Other Adopted Plans. Compliance with the general plan or other plans or programs adopted by the city shall be demonstrated. Development on properties exceeding one acre in size shall require the adoption of a comprehensive plan.
B. Location. Business areas shall be concentrated in the existing downtown portion of Sierra Madre.
C. Need. A demonstrated public need shall be established within the general area.
D. Design. The design or redesign of any structure shall comply with the standards established herein or in any adopted plan or program of the city.
E. Utilities, Streets, Sidewalks, Etc. The existing utilities systems (water, sewer, drainage, electrical, gas, lighting and communication facilities) and street and sidewalks are adequate, or new facilities will be constructed to serve the downtown adequately.
F. Economic Development. Commercial businesses and uses located in the C zone that generate revenue for the city are encouraged.
(Ord. 1296, § 1, 7-28-09; Ord. No. 1331, § 1, 8-14-12)
17.36.015 - Definitions.
For the purpose of this chapter, the words, phrases and terms shall be deemed to have the following meanings:
"Commercial Zone Use List" means a list of uses allowed in the C zone that fall within the use categories set forth in the table in Section 17.36.020.
"SRO" or "single room occupancy" means a small, one room dwelling unit intended to be occupied by one resident. An SRO may have shared or private kitchen and bathroom facilities, but must provide sufficient private accommodations to allow independent living and otherwise qualify as a dwelling unit under this code and state law. SROs are typically rented on a monthly basis without rental deposit, and can provide an entry point into the housing market for extremely low-income individuals, formerly homeless and disabled persons.
17.36.020 - Permitted uses and uses permitted by conditional use permit.
A. Unless otherwise restricted or prohibited by this code, the following use categories shall be permitted in the "C” zone if noted in the “P" column, and shall be permitted upon approval of a conditional use permit if noted in the "CUP" column pursuant to Section 17.60. All such uses shall be within an enclosed
building unless specifically stated otherwise. The required permit for some uses varies based upon the amount of floor area occupied by such use, and numbers in the table below represent square feet of floor area of such use. If a use occupies exactly the threshold amount of floor area, the lower permit shall be required (for example, a retail store with exactly 7,500 square feet of floor area would be permitted). Some use categories are further subdivided into subcategories of “general” or “limited”, with the latter indicating a greater need for discretionary review due to its potential for nuisance, intensity, overconcentration, blighting, and/or deteriorating effect upon surrounding areas.
Retail Sales P CUP
Retail sales, general <7,500 7,500+
Retail sales, limited All
Office Uses1 P CUP
Offices uses, general <7,500 7,500+
Service Establishments2 P CUP
Service establishments, general <7,500 7,500+
Service establishments, limited All
Financial Institutions P CUP
Financial institutions, general <7,500 7,500+
Educational Facilities P CUP
Educational facilities, general, <7,500 7,500+
Recreational and Entertainment Facilities P CUP
Recreational and entertainment facilities, general <7,500 7,500+
1 See also Section 17.36.030(B) for additional rules regarding office uses. 2 See also Section 17.36.050(B) for additional rules regarding lodging establishments.
Automobile and Transportation-Related
Establishments P
CUP
Automobile and transportation-related establishments,
general
All
Residential Uses3 P CUP
Residential uses All
Adult Businesses4 P CUP
Adult businesses All
B. All use categories not listed above and all specific uses not listed in the Commercial Zone Use List are prohibited in the C zone. The director is authorized to exercise his or her authority under section 17.12.160, to fit an unidentified use within a specific use or use category. The director’s administrative interpretation must make the following findings:
1. The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;
2. The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;
3. The proposed use will not adversely impact the public health, safety, or general welfare of the city’s residents; and
4. The proposed use shares characteristics common with, and is not of a greater intensity or density, than those listed in the zoning district in which it is to be located.
Notwithstanding anything else to the contrary, sales of alcohol and tobacco, whether for consumption on or offsite and whether alone or in conjunction with other uses (such as a retail store, restaurant or a newly added use) shall require a conditional use permit. (Ord. 1296, § 1, 7-28-09; Ord. No. 1335, § 2, 6-11-13; Ord. No. 1352, § 8, 2-11-14)
17.36.025 - Adult businesses.
The following standards apply to adult businesses in the C zone:
A. An "adult business" is defined as any business which is, at any time or times, conducted exclusively for the patronage of adults from the premises of which minors are specifically excluded
3 See also Sections 17.36.030(A) & 17.36.050 for additional rules regarding residential uses. 4 See also Section 17.36.025 for additional rules regarding adult businesses.
by law or the owner or person in possession of the premises. This definition shall exclude any use pre-empted by state law or licensed by the state.
B. "Sexually oriented" shall mean any use, display, sale, product, book, treatment, manipulation, projection, machine or other device, the principal, advertised, and emphasized purpose, use or manifestation of which is gratification, education, entertainment, observation, reading, or other stimulus, excitation, or study of explicit human heterosexual, homosexual, or other sexual activity or simulation or depiction thereof.
C. "Sexually oriented adult business" shall not be permitted on any recorded lot within six hundred feet of a church nor within six hundred feet of a public or private school for the academic education of children nor within three hundred feet of residentially zoned property.
D. In the event any prohibition set forth in subsection (C) of this section is held by any court of jurisdiction to be invalid or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use requiring a conditional use permit pursuant to the provisions of the zoning code of this city and an Environmental Impact Report pursuant to the California Environmental Quality Act.
(Ord. 1296, § 1, 7-28-09)
17.36.027 - Other uses and construction activities.
In addition to those specified in this chapter, a number of other uses and construction activities are allowed in the C zone pursuant to, and in accordance with, other provisions of this title. Such uses and construction activities may be permitted of right or require discretionary review and approval in accordance with such other provisions. A subset of such uses and construction activities and their corresponding code references are listed below for reference purposes only.
A. Demolitions - Section 15.04.115 and Section 17.60.056; B. Certain conditionally permitted uses - Section 17.60.030; C. Signs - Chapter 17.72;
D. Home occupations within residential uses - Chapter 17.85.
E. Temporary uses - Chapter 17.88; and
F. Wireless communication facilities - Chapter 17.93
17.36.030 - New construction; additions, and building alterations.
A. The following activities shall only be permitted with a design review permit, obtained in accordance with Chapter 17.60;
1. Additions of floor area in excess of 1,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise; and
2. Single-family home projects that result in aggregate floor area of all structures exceeding 3,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise (additionally, such projects shall require Finding D.8. of Section 17.60.041 be made).
B. The following activities shall only be permitted with an administrative design review permit, obtained in accordance with Chapter 17.60:
1. Construction in excess of either one story or 20 feet in height;
2. Additions of floor area in excess of 500 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise;
3. Significant exterior facade alterations fronting a main commercial street which, as determined by the director, have the potential to alter materially the character of an existing main building; and
C. The following activities do not require a design review permit or administrative design review permit under Chapter 17.60; provided however, that the appropriate building permits, if required, must be obtained:
1. Interior alterations to an existing building;
2. Additions of floor area of 500 square feet or less, whether from new construction, addition to or enlargement of an existing building, or otherwise; and
3. Minor exterior facade alterations fronting a main commercial street which, as determined by the director, do not have the potential to alter materially the character of an existing main building, and all exterior facade alterations not fronting a main commercial street. (Ord. 1296, § 1, 7-28-09)
17.36.035 - Drive-through business prohibited.
Henceforth, the city shall not allow new drive-through business establishments, that is, business establishments which provide service to customers in a motor vehicle. (Ord. 1296, § 1, 7-28-09)
17.36.040 – Downtown design criteria.
The following design criteria shall be applied to all development within the C zone. Downtown Design Standards:
A. Architectural Style and Character. All future construction, exterior remodeling, development and redevelopment shall be of such architectural design as to enhance the site and surrounding environment and be consistent with the desired overall community values stated in the General Plan. Approval of each design as to its compliance or compatibility with these standards must be obtained from the development services director prior to the granting of any building permit.
B. Materials. The following building materials or those determined by the development services director to be similar to them shall be utilized in all construction in the commercial zone:
1. Roof materials intended to be viewed, including but not limited to clay tile or slate;
2. Brick, tile, textured concrete, tinted concrete or exposed aggregate patios and walkways;
3. Decorative masonry materials such as bricks, stone or slump stone;
4. Heavy rough textured wood beams, headers, trim and siding;
5. Textured stucco.
C. Colors. Earth tone or natural colors shall be utilized throughout with the use of bright, nonpastel colors for the purpose of accent; however, such accent colors shall not be used to such a degree as to become the dominant color of any structure.
D. Landscaping. All site landscaping shall be so designed with both form and function in mind and not just as a decorative element. Desirable aspects of landscape design that are:
1. Plant material selection for seasonal color;
2. Low maintenance plant materials;
3. Use of ground cover plant materials rather than nonplant substitutes;
4. Use of native trees when appropriate.
E. Signs. All signs shall be designed as an integral part of the overall architectural design theme of the building through the use of similar materials and colors, as well as proportionate size and location.
F. General. The following apply to all development in the C zone:
1. Architectural treatment shall be applied to all building elevations;
2. The design of a proposed project shall be related to the surrounding existing development with greater emphasis placed upon compatibility with adjacent development related to:
a. Bulk or mass, height,
b. Colors,
c. Building materials,
d. Roof lines,
e. Access,
f. Views,
g. Landscaping.
(Ord. 1296, § 1, 7-28-09)
17.36.050 – Standards of development—Generally.
The development standards set forth in the following sections of this chapter shall apply to all construction within the C zone.
(Ord. 1296, § 1, 7-28-09)
17.36.060 - Size area.
Every lot created after the effective date of this chapter shall have a minimum lot area of three thousand seven hundred fifty square feet.
(Ord. 1296, § 1, 7-28-09)
17.36.070 - Yards and building setbacks.
A. Front Yard. There shall be a front yard having a minimum depth of five feet extending across the full width of the lot.
B. Side Yard. Side yards adjacent to a street or alley shall be not less than ten feet in width.
C. Rear Yard. There shall be a rear yard of not less than fifteen feet in width; however, a maximum of ten feet of said rear yard may be used for off-street parking.
D. Yards Adjacent to Residential Zones. If either the side or rear yards are adjacent to any residential zone or use, a minimum of ten feet of the required yards shall be landscaped with specimen plants and trees (minimum fifteen gallon stock) to create a solid plant screen as represented on a landscaping plan approved by the development services director.
17.36.080 - Building and site coverage.
Coverage of any parcel by roofed structures shall not exceed eight percent, exclusinve of all existing of required street, sidewalks and alleys.
(Ord. 1296, § 1, 7-28-09)
17.36.090 - Height and story limit.
No building structure shall exceed a height of thirty feet and no building structure shall exceed two stories in the C zone.
(Ord. 1296, § 1, 7-28-09)
17.36.100 – Off-street parking.
A. All off-street parking shall be provided in accordance with Chapter 17.68 of this code. (Ord. 1296, § 1, 7-28-09)
17.36.110 - Landscaping.
A. All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, approved outdoor seating and sales areas, and paved or covered recreational facilities shall be landscaped and permanently maintained. Existing trees to be removed shall be replaced with substitute specimen trees (minimum thirty-inch box container size) elsewhere on the site.
B. All planted areas shall be surrounded by a curb of concrete or comparable material at least six inches above the higher of the final grade or the pavement of the parking lot, except when such planted areas lie adjacent to a paved sidewalk, masonry wall or a building.
C. Landscaping shall consist of trees, shrubs and ground covers with careful consideration given to eventual size, form, susceptibility to disease and pests, durability, water consumption and adaptability to soil and climate conditions.
D. A landscape plan drawn at a scale of not less than one inch to thirty feet shall be submitted and shall include:
1. Square footage of each landscaped area;
2. Total square footage of all landscaped areas;
3. Percentage of the site devoted to landscaping;
4. Type of plant materials, i.e., the botanical and common names;
5. Location of all plant materials;
6. Container size and number of all plant materials;
7. Type, size and location of a permanent irrigation system. (Ord. 1296, § 1, 7-28-09)
17.36.120 - Plant screens; walls.
A. A plant screen shall be erected in place of a wall, providing it is:
1. Sufficient to visually screen the parking area;
2. Comprised of specimen stock;
3. Within a planter area of at least four feet in depth;
4. Provided with a permanent irrigation system;
5. Compliant with all other provisions of this section for landscaping, including being an integral part of an approved landscaping plan.
B. A decorative masonry wall of at least thirty inches high may be substituted for a plant screen provided it is constructed and maintained along the perimeter of all off-street parking areas except at points of ingress and egress. Such wall shall be constructed of masonry units not greater than six inches in height.
C. A landscaped area of at least thirty inches in height may be substituted for a wall or plant screen if the planning commission approves its design, location, scale and landscape treatment pursuant to a permit issued under this chapter.
D. A decorative concrete, masonry or block wall of at least six feet in height shall be constructed and maintained on the boundary of any use which abuts or which lays across a public alley from a residential zone, except in front setbacks, in which such walls shall be forty-two inches or less in height. (Ord. 1296, § 1, 7-28-09)
17.36.130 - Refuse storage.
All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view by a permanent wall at least five and one-half feet high in conformance with the architectural design of the related buildings, including a solid gate of durable opaque material approved by the development services director. All bins and containers shall be stored within the enclosure with lids closed at all times when not being loaded.
(Ord. 1296, § 1, 7-28-09)
17.36.140 - Outdoor storage prohibited.
All storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building.
(Ord. 1296, § 1, 7-28-09)
17.36.150 - Loading facilities.
All loading or unloading areas containing a loading dock or similar facility shall be located at such a depth within a completely enclosed building as to reasonably contain and restrict noise. Further, no loading or unloading area shall be visible from a public street, or located within a front yard or side yard adjacent to a public street.
(Ord. 1296, § 1, 7-28-09)
17.36.160 - Lighting.
All lighting of the building, landscaping, parking lot or similar facilities shall be shielded and directed away from adjoining properties.
(Ord. 1296, § 1, 7-28-09)
17.36.170 - Mechanical equipment.
All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be completely screened from view from street level.
(Ord. 1296, § 1, 7-28-09)
17.36.180 - Underground utilities.
All utilities connections for new construction shall be underground, but utility connections to structures which lawfully preexisted the adoption of this chapter may be maintained. (Ord. 1296, § 1, 7-28-09)
17.36.190 - Development or construction site standards.
The following standards apply to development or construction in the commercial zone:
A. Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced or screened as determined by the building inspector; B. Sites shall be maintained during construction as not to become an attractive or public nuisance due to storage of material, parking or activities of construction workers; C. Any portable toilets shall be set back ten feet from all property lines; D. Rubbish and refuse service with the city's franchised hauler shall be required at the time a building permit is issued. Service may be weekly pickup service if accessible by a public street or as otherwise authorized by the director of development services; E. Contractors shall submit to the city a complete list of subcontractors for all services and trades and each contractor or subcontractor shall obtain a city business license prior to any work or request for inspection. Work commenced prior to issuance of necessary permits and business licenses shall be subject to double permit fees pursuant to Chapter 15.04 of this code; F. Use of the public right-of-way for storage, work, staging, or off-loading requires a permit pursuant to Chapter 12.12 of this code;
G. Any paved public right-of-way affected by construction shall be cleaned each evening by the contractor. Cleanup shall include, but not be limited to, streets, roadways, gutters, sidewalks and parkways;
H. Violations of this section may result in the issuance of a stop work order by the building inspector in the manner specified in Chapter 15.05 of this code.
(Ord. 1296, § 1, 7-28-09)
Chapter 17.60 - VARIANCES AND DISCRETIONARY PERMITS[10] Sections:
Footnotes:
--- (10) ---
Editor's note— Ord. No. 1389, Exh. A, § 22, adopted July 11, 2017, changed the title of Ch. 17.60 from "Variances and Conditional Use Permits" to read as herein set out.
17.60.010 - Variances.
When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (Prior code § 9800)
17.60.020 - Variances—Burden of proof.
Before any zone variance is granted, the applicant shall show, to the reasonable satisfaction of the body hearing such matter, that there are special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other adjacent properties included in the same zone as the subject property, which make the granting of the zone variance necessary in order to facilitate a reasonable use of the property involved. (Prior code § 9801)
17.60.025 - Minor variances.
The director of development services may grant a minor variance from regulations, as specified in Chapter 17.20 or Chapter 17.30 of this code, as applicable.
A. Application. Applications for a minor variance shall be initiated by submitting the following materials to the development services department:
1. A completed application form signed by the property owner or authorized agent, accompanied by the required fees and plans;
2. Signatures from all owners of property abutting the project site and directly across the street from the project site or written evidence indicating approval of the request, and the posting of a sign on the property for ten days; or
3. A list, drawn from the last equalized property tax assessment roll showing the names and addresses of the owner or record of each lot abutting the property and each property on the block within one hundred fifty feet of the property, and the posting of a sign on the property for ten days.
B. Notice.
1. If the applicant is unable to obtain the written approval of the property owners abutting and directly across the street from the property, notice shall be given to immediately adjacent property owners and property owners on the block within one hundred fifty feet of the subject property to notify them that an application is being filed for a minor variance.
2. Comments shall be accepted by the director for a ten-day period following the application submittal.
3. The director may use any comments received to assist in making findings and conditions relating to the application.
C. Burden of Proof and Conditions of Approval. The director must find, or conditions must be imposed, to insure that:
1. The project does not adversely impact the public health, safety, and welfare;
2. The design of the home is improved with the granting of the minor variance.
D. An action by the director may be appealed to the planning commission and subsequently to the city council pursuant to Chapter 17.66 of this title.
(Ord. 1234 § 5, 2005; Ord. 1115 § 18, 1995)
(Ord. No. 1313, § 4, 3-22-11)
17.60.028 - Modification of required yards.
The director of development services, may grant a modification of a required yard as follows:
A. Reduction of open areas by permitting portions of a building to extend into a required yard by not more than ten percent;
B. A modification of a required yard, as set forth in this section, may be granted pursuant to the approval of a minor conditional use permit pursuant to the provisions of Section 17.60.055 of this chapter;
C. The determination of the director of development services may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115 of this chapter, within fourteen days of the director's determination.
(Ord. 1177 § 4 (part), 2000)
17.60.030 - Conditional use permits—When required.
The purpose of any conditional use permit shall be to insure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same.
The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this part, unless such use is designated as a permitted use in a particular zone.
A. Conditional Uses—All zones except the OS and R-C Zones.
Airports, landing fields, heliports, and helistops;
Borrow pits to a depth of over three feet;
Cemeteries;
Churches, temples and other places of worship, provided they shall be excluded from the C (commercial) zone, except as provided in Section 17.56.120 of this title;
Clubs, provided they shall be excluded from the R-1 and R-2 zones (see Section
17.36.020(F) of this title);
Columbariums, crematories and mausoleums;
Crops, field, tree, bush, berry, and row, including nursery stock, the growing of (see Section
17.20.020(H) of this title);
Educational institutions;
Equestrian establishments;
Open air theatres;
Race tracks and rodeos;
Recreational centers privately operated;
Trailer (mobilehome) parks;
Fraternity;
Golf courses, privately owned;
Livestock, care and maintenance for commercial or noncommercial purposes; Mortuaries;
Nonprofit organizations provided they shall be excluded from the C (commercial) zone except as provided in Section 17.56.120;
Parking lots, commercial;
Public utility facilities and utilities, to the extent the city is authorized to regulate the use of land under Federal and State law;
Sewage disposal plants;
Sorority;
Swimming pools, hot tubs, spas and similar recreational facilities as a primary use; Veterinarians, kennels and small animal hospitals.
B. Conditional Uses—R-1, R-2, R-3 and R-C Zones.
Maintenance of keeping of horses or mules, as enumerated in Chapter 6.08, "Animals Generally";
Family day care home, large;
Any use permitted pursuant to Section 5116 of the Welfare and Institutional Code of the state of California (certain licensed residential care facilities for the elderly).
C. Conditional uses—R-2 development in the R-2 zone;
D. Conditional uses—R-P (R-3 with residential entrepreneurial overlay) zone and C (commercial) zone only in the portions of the C zone where residential uses are allowed; Child care center/nursery school;
Community care facilities, seven beds or more;
Drug and alcohol recovery and rehabilitation facilities; Drug and alcohol treatment facilities;
Facilities for preparole adjustment/rehabilitation;
Residential care facility for the elderly with seven beds or more;
Residential health care facilities (chronically ill) with seven beds or more.
E. Wireless communications facilities, as provided in Chapter 17.93 of this title. (Ord. 1247 § 7, 2006; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1177 § 4 (part), 2000; Ord. 1135 § 5, 1996; Ord. 1133 § 5, 1996; Ord. 1116 § 4, 1994; Ord. 1113 § 4, 1994; Ord. 1084 § 1 (part), 1992; Ord. 1079U § 3, 1991; Ord. 1062 § 2, 1990; Ord. 1037 § 6, 1988; Ord. 1033 § 3, 1987; Ord. 1006 § 2, 1983; Ord. 996 § 7, 1982; Ord. 975 § 2, 1980; Ord. 960 § 2, 1978; prior code § 9810) (Ord. No. 1296, § 3, 7-28-09; Ord. No. 1313, § 4, 3-22-11; Ord. No. 1385, § 2, 2-14-17; Ord. No. 1389, Exh.
A, §§ 23—26, 7-11-17)
17.60.040 - Burden of proof.
Before any conditional use permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:
A. That the site for the proposed use is adequate in size, shape, topography, and location; B. That the site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use; C. That the proposed use is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;
D. That there is a demonstrated need for the use requested; E. That the proposed use is consistent with the general plan, zoning and other applicable codes; F. That the use at the location requested would benefit the public interest and convenience. (Ord. 1084 § 1 (part), 1992: prior code § 9811)
(Ord. No. 1375, § 5, 2-9-16; Ord. No. 1389, Exh. A, § 27, 7-11-17) Editor's note— Ord. No. 1389, Exh. A, § 27, adopted July 11, 2017, changed the title of § 17.60.040 from "Conditional use permits—Burden of proof" to read as herein set out.
17.60.041 - Design review permit.
A. Purpose. The purpose of an administrative design review permit and a design review permit is to ensure that an applicable project incorporates good design principles and is compatible with its neighborhood and natural surroundings.
B. Reviewing Authority. Except as otherwise provided by this chapter, the reviewing authority for an administrative design review permit application shall be the director and the reviewing authority for a design review permit application shall be the planning commission. The reviewing authority shall approve, conditionally approve, or deny an application for an administrative design review permit or a design review permit in writing.
C. Review Procedure. An administrative design review permit shall be noticed, processed and may be appealed in compliance with the requirements for a minor conditional use permit; provided however, that the director may refer any application for an administrative design review permit to the planning commission at the director's sole discretion. A design review permit shall be noticed, processed and may be appealed in compliance with the requirements established for a conditional use permit.
D. Findings. Before an administrative design review permit or a design review permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:
1. The proposed project is consistent with the general plan, zoning code and any applicable design standards.
2. The proposed project will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties.
3. The height, bulk, scale, mass and siting of the proposed project is compatible with the existing neighborhood, landforms and surroundings.
4. The proposed project reflects the scale of the neighborhood in which it is proposed and it does not visually overpower or dominate the neighborhood and is not ill-proportioned so as to produce either architecture or design that detracts from the foothill village setting.
5. The proposed project neither unreasonably interferes with public views or the views and privacy of neighbors, produces unreasonable noise levels, nor causes material adverse impacts.
6. The proposed project exhibits a coherent project-wide design, and each structure or portion thereof (especially additions) on the site is compatible with other portions of the project, regardless of whether the same are publicly visible.
7. For proposed projects seeking relief from development standards, where allowed, to accommodate characteristics of an identifiable architectural style (such as additional height pursuant to Section 17.20.027(A)), the proposed project adheres to the norms of such identifiable architectural style and that such style is consistently carried through on all elevations of the building, regardless of whether the same are publicly visible.
8. For proposed projects that require discretionary review due to exceeding size thresholds (pursuant to Sections 17.20.027(C), 17.30.045(B), 17.28.070(A)1 or similar), that the proposed is a superior project that would enhance its neighborhood and exhibit exceptional design through a combination of most, if not all, of:
a. Innovative, thoughtful and/or noteworthy architecture that is responsive to the specific site, rather than standard, generic, or "cookie-cutter" plans; b. Where applicable, adaptive reuse or other preservation and restoration of historic structures; c. Preservation of the natural landscape to the extent possible by such means as minimizing grade changes and retaining protected and specimen trees; d. Siting of structures in keeping with landforms and so as to maximize open space, public views, and neighbor views and privacy;
e. High quality architectural details and building materials compatible with the overall project design; and
f. Sustainable building and landscaping practices, especially water-saving features.
E. Compatibility. As used in this section, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean repetition of building style or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and an applicant's thoughtful response to them within the design.
F. Applicability in Relation to Other Standards. This section is not meant to be a perfunctory review of projects which comply with other development standards. Rather it is meant to impose significant, separate, and additional burdens on proposed projects with the understanding that in many cases satisfying such burdens may call for significantly reduced development intensity than is allowed otherwise under this title. By way of illustration and not limitation, (i) so as not to unreasonably interfere with views and privacy, a project proposed on a narrow or irregularly shaped parcel may accommodate significantly less second story floor area than would otherwise be allowed; (ii) so as not to unreasonably interfere with views and privacy, a proposed project with significant second story floor area may need to be set back farther from lot lines than otherwise allowed; (iii) to ensure compatibility
with and not to visually overpower or dominate the neighborhood, the floor area of a proposed project in a neighborhood predominated by smaller homes may need to be much lower than allowed by objective criteria; (iv) to ensure compatibility with landforms, a project proposed on a parcel with steep slopes or irregular topography may have much more limited siting options than setback standards would allow and may need reduced height and/or floor area; and (v) to exhibit exceptional design through noteworthy architecture, the floor area of a proposed project may need to be much lower than allowed by objective criteria in order to allow space for articulation, variation in massing, covered porches, and other enhancing architectural features.
G. Additional Application Materials. As standard two-dimensional building elevations and other similar graphic materials typically do a poor job of depicting projects in context, it is recommended that applicants provide materials in addition to those otherwise required in order to demonstrate that their proposed projects satisfy the foregoing burdens. Such materials may include, but are not limited to, three-dimensional perspective renderings from multiple angles; photo simulations showing the sited project in relation to neighboring structures and landforms; comparisons of proposed building size, height, setbacks, etc. to surrounding structures; story poles; material and color boards; information on energy and water saving systems; and colored landscape plans showing protected and specimen trees and illustrating drought-tolerant landscaping, permeable paving and other water-saving features. (Ord. 1115 § 17, 1995)
(Ord. No. 1375, § 6, 2-9-16; Ord. No. 1389, Exh. A, § 28, 7-11-17) Editor's note— Ord. No. 1389, Exh. A, § 28, adopted July 11, 2017, changed the title of § 17.60.041 from "Additional burden of proof for permits for certain noted projects" to read as herein set out.
17.60.050 - Conditional use permits—Exemption.
A. Application of Division—Permitted Use. Notwithstanding the provisions of this chapter, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.
B. Nonconformity. None of the uses enumerated in Section 17.60.030, for which a conditional use permit is required, shall be deemed nonconforming if:
1. The same complied with the zoning regulations in effect on June 14, 1977;
2. The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 17.60.030; and
3. There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located; and
4. The existing valid horse-keeping license has been reviewed under the provisions of Sections
17.60.060 through 17.60.050 prior to December 1, 1978, and a conditional use permit approved for the use.
C. Effect of Grant of Conditional Use Permit. Where a conditional use permit is granted for one or more uses on a lot, no other use, building or structure shall be located or maintained upon such lot, unless allowed pursuant to the provisions of the conditions of approval imposed upon the issuance of such permit.
(Ord. 1084 § 1 (part), 1992: Ord. 960 § 3, 1978; prior code § 9812)
17.60.055 - Minor conditional use permit.