South El Monte City Council
April 9, 2024

Clinic, Dental or Medical.
“Dental or medical clinic” means a building or group of buildings which a group of physicians, and/or den�sts and professional assistants allied therewith are associated for the purpose of carrying on their profession and providing group medical services. The clinic may include a dental or medical laboratory but shall not include in-pa�ent care or opera�ng rooms for major surgery. (Ord. 822 §1, 1989) Clinical Service.
“Clinical Service” means an establishment which provides physical and mental health services on an individual, out-pa�ent basis. The services may be of preventa�ve, diagnos�c, treatment, therapeu�c, rehabilita�ve or counseling nature, but do not include group counseling services. Typical uses would include, but not be limited to, medical and health clinics, chiroprac�c/physical therapy clinics, individual counseling services and emergency/urgent care centers.

Club.
“Club” means a nonprofit associa�on of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service customarily carried out as a business.

Club House.
“Club house” means the building or group of buildings of an associa�on of persons (whether incorporated) for the promo�on of some nonprofit common interest and holding mee�ngs or func�ons periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business. (Ord. 822 §1, 1989) Co-loca�on.
“Co-loca�on” means the use of a common wireless telecommunica�ons antenna facility, or a common site, by two or more providers of wireless telecommunica�ons services, or by one provider of wireless telecommunica�ons services for more than one type of telecommunica�ons technology.

Collec�on Facility.
“Collec�on facility” means a center for the acceptance by dona�on, redemp�on or purchase of recyclable materials from the public. A collec�on facility may include reverse vending machines, mobile collec�on facili�es, kiosk type units, unatended containers and other small collec�on facili�es which occupy an area of not more than five hundred (500) square feet. Materials may be accepted for compensa�on or as dona�ons and are intended for transfer to a larger facility for processing. A collec�on facility is intended for day-to-day collec�on of materials and does not include power-driven processing equipment. A group of seven or less reverse vending machines shall be considered a small collec�on facility.

Commercial Recrea�on.
“Commercial recrea�on” means any use or development, either public or private, providing amusement, pleasure or sport, diversion, exercises, or other resource affording relaxa�on and enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf courses, miniature golf, ice/roller ska�ng rinks, model courses, shoo�ng galleries, tennis and racquetball courts, amusement centers or arcades, dance studios, health and fitness clubs, ba�ng cages, boxing gyms, and facili�es equipped and use for sprots training

and condi�oning. Excludes adult entertainment facili�es, mar�al arts facili�es, and massage therapy establishments.

Concession.
“Concession” means the same as “Incen�ve.”
Condi�onal Use.
“Condi�onal use” means a land use which is not permited by right, but which may be appropriate in a given zoning district subject to condi�ons of approval. Generally, condi�onal uses are those that have the poten�al for par�cularly sensi�ve, objec�onable opera�ng characteris�cs, or appearance, which may be out of character in a par�cular zone; of which may make those uses suitable or unsuitable for a par�cular site or loca�on. The use may occur only upon approval of a condi�onal use permit pursuant to the procedures established in Chapter 17.03.

Contractor’s Equipment Yard.
“Contractor’s equipment yard” means any facility, building or premises used for the conduct of a business involved primarily with the rendi�on of contractor’s services and the use or storage of trucks, trailers, semi-trailers, cranes, hoists, storage tanks, large �mbers or beams, or similar equipment or the storage of construc�on or maintenance materials or supplies, but excluding any such equipment or materials when used as an incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this �tle. (Ord. 822 §1, 1989) Convalescent Home.
“Convalescent home” means the same as “rest home.” (Ord. 822 §1, 1989) Coordinated Entry System.
“Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to 576.400(d) or Sec�on 578.7(a)(8), designed to coordinate program par�cipant intake, assessment, and referrals designated to coordinated program par�cipant intake, assessment, and referrals.

County.
“County” means the county of Los Angeles. (Ord. 822 §1, 1989) Curb Level.
“Curb Level” means the top level of the established street curb in front of the building measured at the center of such building frontage. Where no curb has been established, the City Engineer shall establish such curb level, or its equivalent, for the purposes of this chapter.

Cultural Ins�tu�on.
“Cultural ins�tu�on” means ins�tu�ons displaying or preserving objects of interest in one (1) or more of the arts or sciences. This classifica�on generally includes libraries, museums and art galleries where displayed objects are not intended for sale. Ea�ng and drinking establishments can be incidental to the opera�on of public recrea�onal facili�es or cultural ins�tu�ons; no drive-through facili�es allowed; sale of alcoholic beverages requires a CUP.

Dancing, Public.
“Public dancing” means any occurrence of dancing or dance movements by persons other than professional or amateur performers when such dancing occurs in any bar, tavern, restaurant, or

nightclub. Any occurrence of dancing or dance movements by professional or amateur performers for the entertainment of the patrons of any bar, tavern, restaurant, or nightclub as defined in this chapter shall be deemed “entertainment, live” as defined by Chapter 17.02 of these regula�ons. These regula�ons shall not apply to any duly licensed public or private school providing dance instruc�on to students. (Ord. 1009 §7, 1999)
Day Care Facility.
“Day care facility” means a loca�on where children less than eighteen years of age are given care, protec�on, and supervision in the care giver’s home for periods of less than twenty-four hours per day, while the parents or guardians are away. (Ord. 822 §1, 1989) Day Spa.
“Day spa” means a commercial establishment, other than an adult business or adult use, which specializes in the full complement of beauty, health, or therapeu�c treatments, including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutri�on, exercise, water treatments and massage therapy which is open primarily during normal day�me business hours and without provisions for overnight accommoda�ons.

Decora�ve Masonry Wall.
“Decora�ve Masonry Wall” means a masonry wall incorpora�ng architectural relief from a flat surface.

Density.
“Density” means residen�al dwelling units per net acre.

Density Bonus.
“Density bonus” means an increase in the number of dwelling units over the otherwise maximum allowable residen�al density as established in the Land Use Element of the City of South El Monte General Plan in accordance with State law and this chapter.

Density Bonus Housing Agreement.
“Density bonus housing agreement” means a legally binding agreement between a developer of a housing development and the city, which ensures that the requirements in Chapter 17.02 and Chapter

17.13 and the State Density Bonus Law are sa�sfied. The agreement shall establish, among other things, the number of target units, their size, loca�on, terms and condi�ons of affordability, and produc�on schedule.

Density Bonus Units.
“Density bonus units” means those residen�al units granted pursuant to the provisions of Chapter 17.02 and Chapter 17.13 that exceed the maximum residen�al density for the development site.

Density, Gross.
“Gross density” means the number of dwelling units per gross acre of land.

Density, Net.
“Net density” means the number of dwelling units per net acre of land.

Designated Site.
“Designated site” means a parcel or part thereof on which a landmark is situated, and any abu�ng parcel or part thereof cons�tu�ng part of the premises on which the landmark is situated, and which has been designated a historic site.

Developer.
“Developer” means the person(s), partnership(s), corpora�on(s) or agency(ies) responsible for the planning design and construc�on of an applicable development project.

Development.
“Development” means any manmade change to improve unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excava�on, or drilling opera�ons.

Development Agreement.
“Development agreement” means an agreement entered into between the City and a developer pursuant to California Government Code Sec�on 65864.

Discre�onary Approval.
“Discre�onary approval” means a decision in which the approving en�ty or person can use their judgment in deciding whether and how to carry out or approve a project.

Dormitory.
“Dormitory” means a building containing rooms designed, intended, or occupied as sleeping quarters for two or more persons. (Ord. 822 §1, 1989)
Driveway.
“Driveway” means:

A. On private property, the required paved access way from the street property line to any garage, carport, parking or loading space, or an approved auxiliary parking area; and B. In the public right-of-way, the driveway approach is a required paved access way from the curb line to the street property line.

Drought Tolerant Plant Material.
“Drought tolerant plant material” means those plants that tolerate heavy clay to sandy soils with use of limited supplemental water. Said plants are able to thrive with deep, infrequent watering once their root systems are established (three to twelve [12] month average �me period). Plants include those that naturally grow in areas of limited natural water supply (na�ve and non-na�ve plant species) and are adaptable to weather and soil condi�ons prevalent in the City.

Duplex.
“Duplex” means the same as “dwelling, two-family.” (Ord. 822 §1, 1989) Dwelling.
“Dwelling” means a building or por�on thereof, designed exclusively for residen�al occupancy, including one-family, two-family, and mul�ple dwellings, but not including hotels, boarding or rooming-houses, or dormitories. (Ord. 822 §1, 1989)

Dwelling, Residen�al Condominium.
“Residen�al condominium” means an estate in real property consis�ng of an undivided interest in common in a por�on of real property together with a separate interest in a space in a residen�al complex located on such real property. A residen�al condominium may include, in addi�on, a separate interest in other por�ons of such real property. Such estate may, with respect to the dura�on of its enjoyment, be either: (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or subleasehold. A residen�al condominium is a unique land use which has many similari�es to the ownership of a single-family dwelling, except that it is usually marked by higher densi�es, con�guity of living units, and the aforemen�oned common interest in the parcel of real property on which it is situated.

Dwelling, Residen�al Condominium Common Area.
“Residen�al condominium common area” or “common area” means the en�re project excep�ng all units granted or reserved.

Dwelling, Residen�al Condominium Documents or Condominium Documents. “Residen�al condominium documents” or “condominium documents” means the declara�on of covenants, condi�ons, and restric�ons (the “declara�on”), the descrip�on of project elements, the condominium plan establishing a plan for residen�al condominium ownership and the ar�cles of incorpora�on and bylaws of the associa�on of the owners.

Dwelling, Residen�al Condominium Owner.
“Residen�al condominium owner” means the owner of a residen�al condominium.

Dwelling, Residen�al Condominium Project.
“Residen�al condominium project” means the en�re parcel of real property divided into condominiums including all structures located on or to be located on such real property.

Dwelling, Residen�al Condominium Unit.
“Residen�al condominium unit” means the elements of a residen�al condominium which are not owned in common with the owners of other condominiums in the project. (Ord. 822 §1, 1989) Dwelling, Mul�ple.
“Mul�ple dwelling” means a detached building designed and used for occupancy by three or more families, each living independently of the others and each having separate kitchen facili�es. (Ord. 822 §1, 1989)
Dwelling, Single-Family.
“Single-family dwelling” means a detached building designed or used exclusively for occupancy by one family and having a kitchen facility for only one family and may include housing types described in California Government Code Sec�on 65852. (Ord. 822 §1, 1989) Dwelling, Two-family.
“Two-family dwelling” means a building designed or used exclusively for the occupancy by two households, living independently of each other and having separate kitchen facili�es for each family and containing two (2) atached dwelling units, excludes accessory dwelling units. The term “two-family dwelling” shall include the term “duplex.” (Ord. 822 §1, 1929)

Dwelling, Mul�ple-Family.
“Mul�ple-family dwelling” means a building that contains three (3) or more dwelling units that share common walls or floor/ceilings. The land under the buildings or units is not divided into separate lots.

The units may have separate or joint entrance, and typically have common parking and open space areas.

Dwelling, Townhouse.
“Townhouse dwelling” means an arrangement of single-family dwellings, joined by common walls on not more than two (2) sides, with the uppermost story being a por�on of the same dwelling located directly beneath at the grade of the first floor level, and having exclusive individual ownership and occupant rights of each dwelling unit, including, but not limited to, the land area directly beneath such dwelling.

Dwelling, Triplex.
“Triplex dwelling” means the whole of a dwelling that is divided horizontally and/or ver�cally into three (3) separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance.

Dwelling unit.
“Dwelling unit” means a permanent non-commercial structure or por�on thereof, including manufactured structures, designed, or used as a residence providing complete, independent living facili�es for one household containing one or more rooms with living, sleeping, ea�ng, kitchen and sanita�on facili�es.

Easement.
“Easement” means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corpora�on, or another person or en�ty.

Eave.
“Eave” means the projec�ng lower edge of a roof overhanging the wall of a building.

Ecological Restora�on Project.
“Ecological restora�on project” means a project where the site is inten�onally altered to establish a defined, indigenous, historic ecosystem.

Efficiency Unit.
“Efficiency unit” means a separate living space with a minimum floor area of one hundred fi�y square feet which contains par�al kitchen or bathroom facili�es. (Ord. 1051 §4, 2003) Electric Vehicle Charging Sta�on or Charging Sta�on.
“Electric vehicle charging sta�on or charging sta�on” means any level of electric vehicle supply equipment sta�on that is designed and built in compliance with ar�cle 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

Electronic Submital.
“Electronic submital” means the u�liza�on of one or more of either electronic mail, the internet, or facsimile.

Eleva�on.
“Eleva�on” means a flat scale drawing of the front, rear or side of a building or structure.

Emergency Shelter.
“Emergency shelter” means housing with minimal suppor�ve services that is designed for and occupied by homeless persons for no more than six-months in a consecu�ve twelve-month period. Emergency Housing shall have the same meaning as defined and used in Sec�on 50801(e) of the California Health and Safety Code.

Emiter.
“Emiter” means drip irriga�on fi�ngs that deliver water slowly from the system to the soil.

Employee Parking Area.
“Employee parking area” means the por�on of total required parking for a development for the use by on-site employees.

Enclosed.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.

Entertainment.
“Entertainment” means ac�vi�es which are open to the members of the public with or without charge and any of the following:

A. Any act, play, review, pantomime, scene, dance, dance act, or song and dance act performed or par�cipated in by one or more persons, whether or not such person or persons are compensated for such performance; excep�ng from this subsec�on instrumental music, with or without vocal accompaniment, as an accessory use to a use otherwise permited in the respec�ve zone;
B. Any theatrical performance, whether live, on film, on television, in pantomime or in silhouete in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances;
C. Karaoke uses which shall mean a use whereby an amateur or amateurs perform and/or par�cipate in a song act without compensa�on when accompanied by audio and/or visual devices. Karaoke uses shall be permited only when conducted as an accessory use to a bona fide restaurant/bar.

Entertainment, Live.
“Live entertainment” means any performance by any person or animal that takes place within or upon the premises of any business for the purpose of entertaining the patrons of said business. (Ord. 918 §4, 1992)
Environmental.
“Environmental” includes the following:

A. “California Environmental Quality Act (CEQA)” means the State law contained in the California Public Resources Code, Sec�on 2100 et seq.

B. “Environmental Impact Report (EIR)” means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mi�gate or avoid the effects. The contents of an EIR are discussed in CEQA Guidelines Ar�cle 9,

commencing with Sec�on 15120. The term “EIR” may mean either a dra� or a final EIR depending on the context.

C. “Exemp�on” means an ac�on that is not subject to CEQA. This exempt status may be documented with a No�ce of Exemp�on (NOE).

D. “Ini�al Study (IS)” means a preliminary analysis of the environmental effects of a proposed ac�on used to determine whether an EIR, Subsequent EIR, Supplemental EIR, Addendum to an EIR, or a Nega�ve Declara�on (ND) must be prepared and used to iden�fy the significant environmental effects to be analyzed. The Ini�al Study may also be used to streamline environmental review by determining that a previous EIR adequately analyzes the current proposed project or whether the project is part of a larger project, and a master, �ered, program, or focused EIR would be appropriate.

E. “Mi�ga�on” includes the following:

1. Avoiding the impact altogether by not taking a certain ac�on or parts of an ac�on.

2. Minimizing impacts by limi�ng the degree or magnitude of the ac�on and its implementa�on.

3. Rec�fying the impact by repairing, rehabilita�ng, or restoring the impacted environment.

4. Reducing or elimina�ng the impact over �me by preserva�on and maintenance opera�ons during the life of the ac�on.

5. Compensa�ng for the impact by replacing or providing subs�tute resources or environments.

F. “Nega�ve Declara�on (ND)” means a writen statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and why it does not require the prepara�on of an EIR. The accompanying Ini�al Study shall support the reasons.

G. “Project” under CEQA means a project is the whole of an ac�on that has the poten�al to result in either a direct physical change or a reasonably foreseeable indirect physical change in the environment.

Established Landscape.
“Established landscape” means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

Establishment Period.
“Establishment period” means the first year a�er installing the plant in the landscape.

Expansion.
“Expansion” means, as applied to development, increasing the scope, volume, or size of an exis�ng or proposed use, structure, parking, signage, etc.

Exterior Architectural Feature.
“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outer surface of a landmark, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such landmark.

Façade.
“Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within a building. The major width of any exterior eleva�on of a building, extending from the grade to the top of the parapet wall or eaves, that is parallel to a street property line.

Façade Mounted Antenna.
“Façade mounted antenna” means a wireless telecommunica�ons facility mounted on to the façade of a building or structure.

Family.
“Family” means reasonable number of persons living together as a single housekeeping unit in a dwelling unit. Reasonable can be one or more persons, whether or not related by blood, marriage or adop�on, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and u�li�es, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteris�cs indica�ve of a single household.

Family Care or Community Care Facility, General.
“General family care or community care facility” means any family home, group care facility or similar facility providing 24-hour non-medical services, supervision, or assistance essen�al for sustaining the ac�vi�es of daily living for seven adults, children, or adults and children or more. Residen�al care facility includes shelters, board and care facili�es, halfway houses, wards of the juvenile court and the like and excludes "Sober living facili�es”
Family Care or Community Care Facility, Limited.
“Limited family care or community care facility” means a facility which provides resident services in a private residence to six or fewer individuals who are not related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult supervision in accordance with their individual needs. This category includes foster or boarding homes for children, group homes, and family homes. “Family or community care facili�es” shall be subject to the following condi�ons:

A. Such facili�es shall be permited only in dwelling units licensed by the state, county, or other jurisdic�on so authorized;
B. That there be no undue concentra�on of such facili�es in any block or neighborhood when such concentra�on would become materially detrimental to the public health or safety or to the aims and goals of the program.

C. That the use be so operated as not to cons�tute a public nuisance. (Ord. 822 §1, 1989) Family Day Care Home.
“Family day care home” means a home that regularly provides care, protec�on, and supervision for fourteen (14) or fewer children, in the provider’s own dwelling, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home.

A. Large family day care home means a home that provides family day care for nine (9) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home.

B. Small family day care home means a home that provides family day care for eight (8) or fewer children, inclusive, including children under the age of ten (10) years who reside at the home.

FCC.
“FCC” means the Federal Communica�ons Commission.

Feasible Method to Sa�sfactorily Mi�gate or Avoid the Specific Adverse Impact. “Feasible method to sa�sfactorily mi�gate or avoid the specific adverse impact” includes, but is not limited to, any cost-effec�ve method, condi�on or mi�ga�on imposed by the City on another similarly situated applica�on in a prior successful applica�on for a similar permit.

Flags, Adver�sing.
“Adver�sing flags” means adver�sing devices made from thin cloth, plas�c, paper, or other similar material that do not carry printed adver�sing copy, but are used to atract the aten�on of poten�al customers to the specific loca�on where the flags are displayed. The use of adver�sing flags shall be limited to businesses engaged in the outdoor sale of motor vehicles and watercra�. (Ord. 1039 §2, 2002) Flood.
“Flood” means a temporary rise in a stream’s flow or stage that results in water overflowing its banks and inunda�ng areas adjacent to the channel, or an unusual and rapid accumula�on of runoff or surface waters from any source.

Floodproofing.
“Floodproofing” means any combina�on of structural and nonstructural addi�ons, changes, or adjustments to structures including u�lity and sanitary facili�es which would preclude the entry of water. Structural components shall have the capability of resis�ng hydrosta�c and hydrodynamic loads and shall have the effect of buoyancy.

Floor Area Ra�o (FAR).
“Floor Area Ra�o (FAR)” means the gross floor area (all floors) of a building(s) on a lot divided by the lot area. Building elements included into the calcula�on include, but are not limited to, the main structure, the main dwelling, accessory structures, atriums, foyers, mezzanines and lo�s, enclosed pa�os, and enclosed porches. Building elements such as garages, carports, open pa�os and open porches are not included into the calcula�on. A basement (where more than fi�y percent (50%) of the volume of the room is below grade) is exempt from the requirements limi�ng the floor area ra�o.

Floor Area, Gross.
“Gross floor area” means the horizontal space of habitable and non-habitual areas of all floors of all enclosed structures on the property measured from exterior wall to exterior wall including, but not limited to, the main structure, main dwelling structure, accessory buildings, accessory dwelling units, atriums, garages, foyers, enclosed pa�os, sheds, habitable a�c space, basements, closets, u�lity rooms, mechanical rooms, elevator sha�s, stairwells, and janitor rooms.

Floor Area, Net.
“Net floor area” means the gross floor area of a building or structure, minus elevator sha�s, stairwells, floor area intended and designed for the parking of motor vehicles, interior balconies, and electrical and mechanical equipment rooms. “Net floor area” shall also exclude open interior pedestrian walkways,

lobbies, plazas and interior balconies, such as those found in enclosed shopping malls, office and hotel lobbies and atrium buildings, which exceed minimum code requirements for hallways and passageways.

Foster Home (seven or more children).
“Foster home (seven or more children)” means a group care facility licensed by the county welfare agency or by the state of California to provide care and supervision of children in a group se�ng. (Ord. 822 §1, 1989)
Foster Home (six or fewer children).
“Foster home (six or fewer children)” means a family size facility licensed by the county welfare agency to provide care and supervision of children in a family se�ng. (Ord. 822 §1, 1989) Frontage.
“Frontage” means the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot. (Ord. 822 §1, 1989)
Garage, Private.
“Private garage” means an accessory building or an accessory por�on of a main building not including carports, designed, or used only for the shelter or storage of opera�ng motor vehicles owned or operated by the occupants of the main building. (Ord. 822 §1, 1989) Garage, Public.
“Public garage” means any garage other than a private garage used only for the shelter or storage of opera�ng motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicles. (Ord. 822 §1, 1989)
Garage Sale.
“Garage sale” means a garage, yard, pa�o, or similar type sale held in a residen�al zone for the purpose of disposing of personal property. (Ord. 889 §1, 1990)

Garage, Side Loaded.
“Side loaded garage” means a garage in which the door is perpendicular to the front property line and vehicular access requires a radius for maneuvering in and out of the structure.

General Plan.
“General Plan” means the General “Master” Plan of the City of South El Monte.

Government Code.
“Government Code” means the State of California Government Code.

Government or Public Facility.
“Government or public facility” means offices or uses established by any governmental or public en�ty which are established to provide direct service to the public at a par�cular loca�on. Examples of public facili�es and uses include, but are not limited to, the following:

A. Department of Social Welfare;
B. Department of Motor Vehicles;
C. Department of Human Resources Development;
D. Internal Revenue Service;
E. Social Security Administra�on;
F. Jails and similar deten�on facili�es;
G. Hospitals established and maintained by public en��es; H. Courts.

Grade.
“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 822 §1, 1989). “Grade” as it relates to adver�sing signs means the level of the public sidewalk or curb closest to the sign unless otherwise provided in these regula�ons.

Grade, Exis�ng.
“Exis�ng grade” means the contour of the ground surface before grading.

Grade, Finished.
“Finished grade” means the completed paved or graded eleva�on of a lot.

Grade, Natural.
“Natural grade” means the eleva�on of the ground level in its natural state before grading.

Grade, Street.
“Street grade” means the eleva�on of the centerline of the street adjacent to the site proposed for development.

Grocery Store.
“Grocery store” means a retail establishment, of less than fi�een thousand (15,000) square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than ten (10) percent of the en�re square footage of the establishment. See “Supermarket.”

Ground Floor.
“Ground floor” means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the adjoining sidewalk. If a sloped site, the ground floor eleva�on is measured at the point of entry.

Guest Parking.
“Guest parking” means parking spaces provided with a residen�al unit for intermitent use by visitors.

Gunsmith or Armorer.
“Gunsmith” or “armorer” means a person who repairs, modifies, designs, or builds firearms. A gunsmith does factory level repairs, renova�on (such as applying metal finishes), and makes modifica�ons and altera�ons for special uses. Gunsmiths may also apply carvings, engravings and other decora�ve features to an otherwise finished gun. This occupa�on is different from an armorer. The armorer primarily maintains (disassembly, cleaning) weapons and limited repairs involving parts replacement and possibly work involving modifica�ons to make the weapon more accurate. For the purposes of this Zoning Code, “gunsmith” will be considered to include “armorer.”
Habitable Floor.
“Habitable floor” means any floor used for living which includes working, sleeping, ea�ng, cooking or recrea�on or a combina�on thereof. A floor used only for storage purposes is not a habitable floor for the purpose of these regula�ons.

Habitable Room or Space.
“Habitable room or space” means a room or space in a structure for living, sleeping, ea�ng and/or cooking.

Hardscape.
“Hardscape” means decora�ve elements that may be combined with landscaping to sa�sfy the landscaping requirements of this Zoning Code. Hardscape elements include, but are not limited to natural features such as rock, slate and stone and structural features such as art works, benches, fences, fountains, reflec�ng pools, screens, swimming pools, walls and crushed granite.

Hazardous Waste.
“Hazardous waste” means a waste, or combina�on of wastes, which because of its quan�ty, concentra�on, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infec�ous characteris�cs may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacita�ng reversible illness; or (2) pose a substan�al present or poten�al hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Historic District.
“Historic district” means any area containing improvements which have a special historical or aesthe�c interest or value, or which represents one or more architectural periods or styles of a dis�nct sec�on of the city that has been designated a historic district.

Home Occupa�on.
"Home occupa�on" means any use customarily conducted en�rely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for

dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupa�on for the purpose of this Code. (Ord. 822 §1, 1989) Hospital.
“Hospital” means any facility licensed by the State Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to pa�ents or injured persons. (Ord. 822 §1, 1989)
Hotel.
“Hotel” means an establishment containing a minimum of fi�y guest rooms or suites, designed, or used primarily for transient occupancy and for which no provision is made for cooking in any individual guest room or suite. A hotel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests. Hotel facili�es may include banquet and mee�ng rooms, restaurant, coffee shops, retail uses, and lobby and entertainment bars. (Ord. 822 §1, 1989) Household.

See “Family.”
Household, Lower Income.
“Lower income household” means a household whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Sec�on 50079.5.

Household, Low-Income.
“Low-income household” means a household whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

Household, Moderate-Income.
“Moderate-income household” means a household whose income does not exceed the moderateincome limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Sec�on 50093.

Household, Very low-Income.
“Very low-income household” means a household whose income does not exceed the very low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Sec�on 50105. (Ord. 1173 §1, 2014)
Housing Cost.
“Housing cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, home-owner associa�on fees, and a reasonable allowance for u�li�es.

Housing Development.
“Housing development” means a construc�on project consis�ng of five or more residen�al units or lots, including single-family and mul�family units or lots.

Housing, Suppor�ve.
“Suppor�ve housing” means housing with no limit on length of stay, that is occupied by the target popula�on, and that is linked to on-site or off-site services that assist the suppor�ve housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Hydrozone.
“Hydrozone” means a por�on of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated.

For example, a naturalized area planted with na�ve vegeta�on that will not need supplemental irriga�on once established is a non-irrigated hydrozone.

Illumina�on, Direct.
“Direct illumina�on” means illumina�on by means of light that travels directly from its source to the viewer’s eye.

Illumina�on, Indirect.
“Indirect illumina�on” means illumina�on only by means of light cast upon an opaque surface from a concealed source.

Improvement.
“Improvement” means any building, structure, place parking facility, fence, gate, wall, work of art or other object cons�tu�ng a physical beterment of real property, or any part of such beterment.

Incen�ve.
“Incen�ve” means a regulatory incen�ve or concession as defined in California Government Code Sec�on 65915(k) that may include, but not be limited to, the reduc�on of site development standards or a modifica�on of zoning code requirements, approval of mixed-use zoning in conjunc�on with the housing development, or any other regulatory incen�ve which would result in iden�fiable cost avoidance or reduc�ons, that are offered in addi�on to a density bonus.

Inclusionary Requirement.
“Inclusionary requirement” means a requirement that a certain por�on of residen�al units be affordable to a determined economic segment of the community.

Independent Exterior Access.
“Independent exterior access” means a door that provides independent access to an ADU and is located on the exterior façade of the ADU. Independent exterior access must comply with the minimum requirements of the Building Code.

Industrial Use.
“Industrial use” means the ac�vi�es within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Infiltra�on Rate.
“Infiltra�on rate” means the rate of water entry into the soil expressed as a depth of water per unit of �me (inches per hour).

Inflatable Device, Adver�sing.
“Inflatable adver�sing device” means any device of any size and shape, inflated by air, hot air, gas, or any other substance, and is atached to the ground or anything on the ground, and is used to adver�se any event, product, or service. (Ord. 1039 §3, 2002)
In Lieu Fee.
“In lieu fee” means a fee paid by a project sponsor in lieu of complying with a requirement of this Code and that is not a development impact fee governed by the Mi�ga�on Fee Act.

Intensifica�on of Use.
“Intensifica�on of use” means an enlargement or altera�on to an exis�ng structure where an increase in required number of parking spaces is required or the change would result in addi�onal vehicular trips, or change of use where the new use requires an increase in the number of required parking spaces or would result in addi�onal vehicular trips.

Items of Informa�on.
“Items of informa�on” means words, designs, symbolic representa�ons, or figures used in signing.

Junior Accessory Dwelling Unit (JADU).
“Junior accessory dwelling unit (JADU)” means a living unit not exceeding 500 square feet created out of exis�ng space that is contained en�rely within an exis�ng or proposed single-family residence or an atached garage. A JADU must include a separate exterior entrance and an efficiency kitchen with a working refrigerator. A JADU may include separate sanita�on facili�es or may share sanitary facili�es with a Single Family Dwelling. The property owner must reside in either the Single Family Dwelling or the JADU.

Junk.
“Junk” means any worn out, cast off, or discarded ar�cle or material which is ready for destruc�on or has been collected or stored for salvage or conversion to some reuse. Any ar�cle or material which, unaltered or unchanged and without further recondi�oning, can be used for its original purpose as readily as when new shall be considered junk. (Ord. 822 §1, 1989) Junk yard.
“Junk yard” means any lot or the use of any por�on of a lot where scrap, waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage house wrecking and structural steel materials and equipment. “Junk yard” does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condi�on, or salvaged material incidental to manufacturing opera�ons conducted on the premises. (Ord. 822 §1, 1989)
Kennel.
“Kennel” means any lot, building, structure, or premises upon or in which two or more dogs or cats over four months of age are kept for sale or for breeding purposes or are boarded or trained for hire, or

where four or more weaned dogs or cats are kept, maintained or permited for any reason or purpose, whether commercial, noncommercial or otherwise. (Ord. 822 §1, 1989) Kitchen.
“Kitchen” means any room designed, used, or maintained for cooking or prepara�on of food. (Ord. 822 §1, 1989)
Landmark.
“Landmark” means a place, building, structure, work of art, or other object, having a special character or special historical or aesthe�c interest or value, within the meaning of California Government Code Sec�on 37361.

Landscaped Area.
“Landscaped area” means the en�re parcel less the building footprint, driveways, non-irrigated por�ons of parking lots, hardscapes, such as desks and pa�os and other nonporous areas. Water features are included in the calcula�on of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.

Landscaping.
“Landscaping” means the plan�ng and maintenance of some combina�on of trees, shrubs, vines, ground cover, flowers, or lawn. In addi�on, the combina�on or design may include natural features such as limited amounts of rocks and stones (no more than 10%), and structural features including, but not limited to, fountains, reflec�ng pools, art works, screens, fences, and benches. (Ord. 822 §1, 1989) Landscaping Plan.
“Landscaping plan” means a plan which indicates the type, size and loca�on of vegeta�ve and accent material proposed for the landscaping of a site including all irriga�on and other devices necessary to maintain such landscaping.

Landscaping, Drought Tolerant.
“Drought tolerant landscaping” means landscaping characterized by the use of vegeta�on that is drought tolerant or requires low water use.

Linear foot.
“Linear foot” means a measurement that is 12 inches long and that is measured typically in a straight line,
Live/Work Units(s)
“Live/work unit” or “live/work units” mean a unit, which combines living quarters with ar�st studios, professional offices, so�ware/media offices or small retail uses. Live/work units are typically located in a small scale, mixed-use building and help transi�on between a busy street and a residen�al area.

Live/work units are required to have the workspace on the ground floor with living space on one or two stories above and must be occupied by the same individual(s) who occupies the living quarters.

Live/work units may be built as atached townhomes.

Living Area.
“Living area” means the interior habitable area of a dwelling unit, including basements, but does not include a garage or any accessory structure.

Loading Space.
“Loading space” means an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. (Ord. 822 §1, 1989)
Long-Term Bicycle Parking.
“Long-term bicycle parking” means bicycle parking designed for residents, employees, students, public transit users, and others that need to park their bicycles for several hours or more that provides security and weather protec�on.

Lot.
“Lot” means a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this �tle and having frontage upon a public street or a place approved by the commission.

The word “lot” shall include the words parcel or plot. (Ord. 822 §1, 1989) Lot Area.
“Lot area” means the total horizontal area within the lot lines of a lot. (Ord. 822 §1, 1989) Lot Coverage.
“Lot coverage” ,means the percentage of the lot area covered by a structure or building, including all accessory buildings.

Lot, Corner.
“Corner lot” means a lot located at the intersec�on of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersec�on angle is more than one hundred thirty-five (135) degrees, the lot is considered an interior lot.

Lot Depth.
“Lot depth” means the horizontal distance between the front and rear lot lines, measured in the mean direc�on of the side lot lines. (Ord. 822 §1, 1989)
Lot, Flag.
“Flag lot” means a lot having access from the building site to a public street by means of private right-ofway strip that is owned in fee.

Lot, Interior.
“Interior lot” means a lot other than a corner, reversed corner or key lot. (Ord. 822 §1, 1989) Lot, Key.
“Key lot” means the first lot immediately to the rear of a reversed corner lot and not separated by an alley. (Ord. 822 §1, 1989)
Lot Line.
“Lot line” means the boundary line of a lot.

Lot Line, Front.
“Front lot line” means the line separa�ng the lot from the street, in the case of an interior lot, and the line separa�ng the narrowest street frontage of the lot from the street in the case of a corner lot. (Ord. 822 §1, 1989)
Lot Line, Rear.
“Rear lot line” means the lot line which is opposite and most distant from the front lot line. (Ord. 822 §1, 1989)
Lot Line, Side.
“Side lot line” means any lot line not a front lot line or a rear lot line. (Ord. 822 §1, 1989) Lot, Reversed Corner.
“Reversed corner lot” means a corner lot, the street side of which is substan�ally a con�nua�on of the front lot line of the first interior lot to its rear. (Ord. 822 §1, 1989) Lot, Through (Double frontage).
“Through lot (double frontage)” means a lot having frontage on two parallel or approximately parallel streets. (Ord. 822 §1, 1989)
Lot Width.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 822 §1, 1989) Low Barrier Naviga�on Center.
“Low barrier naviga�on center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facili�es while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

Maintenance.
“Maintenance” means that work on equipment and vehicles necessary to keep it in normal opera�ng condi�on. Maintenance includes such things as fueling, changing engine belts, replacement of worn or damaged �res, and minor tune-ups. (Ord. 822 §1, 1989)
Manufacture.
“Manufacture” means to assemble, fabricate, compound, process, treat or remanufacture. (Ord. 822 §1, 1989)
Manufactured Home.
“Manufactured home” means a structure, transportable in one or more sec�ons, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent founda�on when connected to the required u�li�es, and includes the plumbing, hea�ng, air condi�oning, and electrical systems contained therein. “Manufactured home” shall also include any structure that meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory cer�fica�on requirements for manufactured homes and the standards set forth for manufactured homes in the California Health and Safety Code. (Ord. 1051 §5, 2003) Market, Outdoor.
“Outdoor market” means any mee�ng or assembly where persons are permited or invited to offer new or used merchandise, ar�cles or things of value for sale or exchange on premises other than their own which are made available at certain �mes for such sales or exchanges. This defini�on shall not apply to occasional fundraising ac�vi�es by public and private schools, churches, and other not-for-profit charitable organiza�ons. (Ord. 978 §1, 1996)
Market Rate Units.
“Market rate units” means those dwelling units which are not affordable units or restricted by income levels and may be sold or rented at market rate.

Marquee.
“Marquee” means permanent roofed structure atached to and supported by the building and projec�ng over the public right-of-way or over private property.

Massage.
“Massage” means the scien�fic manipula�on of the so� �ssues.

Massage Establishment.
“Massage establishment” means any fixed or mobile loca�on where massage is performed for compensa�on, including, but not limited to, those businesses that provide massage services accessory to their principal permited use. Such a business includes, but is not limited to, an aromatherapist, acupuncturist, chiropractor, beauty salon, health club, beach club, skin care salon, and day spa. The term “massage establishment” or “establishment” includes a sole proprietor, an independent contractor, and any cer�fied massage prac��oner or therapist performing massage in the city without being employed by another massage establishment. (Ord. 1195 §6, 2015)

Mast.
“Mast” means a support structure that is constructed for the specific purpose of eleva�ng a satellite earth sta�on antenna in order to receive broadcast signals of an acceptable quality.

Maximum Residen�al Density.
“Maximum residen�al density” means the maximum number of residen�al units permited by the city’s General Plan land use element, applicable to the subject property at the �me an applica�on for the construc�on of a housing development is deemed complete by the city, excluding any addi�onal density bonus units permited. If a range of density is permited by the land use element, maximum residen�al density shall mean the maximum allowable density within the range of density.

Mechanical Equipment.
“Mechanical equipment” means any hea�ng, ven�la�ng, cooling, refrigera�on systems, pool or spa equipment, or other miscellaneous appliances which are placed outside a building.

Mezzanine.
“Mezzanine” means an intermediate floor just above the ground floor; it o�en has a low ceiling and projects in the form of a balcony, and does not exceed one-third of the floor area of the room or space in which they are located.

Minor Modifica�on.
“Minor modifica�on” means a discre�onary approval granted by the Planning Manager which allows a slight modifica�on or minor devia�on up to ten (10) percent to certain development standards of this Zoning Code when just devia�on cons�tutes reasonable use of the property not permited under the strict interpreta�on of the Zoning Code.

Mixed-Use.
“Mixed-use” means the use of a lot or building with two or more different land uses including, but not limited to, residen�al, commercial retail, office, or manufacturing, in a single structure or a group of physically integrated structures.

Microbreweries and Brewpubs.
“Microbreweries” and “brewpubs” refer to small-scale, independently-owned breweries that emphasize tradi�onal brewing methods, flavor and quality and that produce fewer than fi�een thousand (15,000) U.S. beer barrels (four hundred sixty thousand (460,000) U.S. gallons) annually for on- and off-premises consump�on. A brewpub is an abbreviated term combining the ideas of a brewery and a pub or publichouse. A brewpub can be a pub or restaurant that brews beer on the premises.

Mixed-Use Building.
“Mixed-use building” means a structure containing both residen�al and commercial uses (which may include retail, restaurants, offices, services, and similar uses deemed compa�ble with residen�al uses).

The commercial use or uses are typically located on the ground floor of the structure with the residen�al dwellings predominantly located on the second or higher floors.

Mixed-Use Development.
“Mixed-use development” means a project with both residen�al and nonresiden�al uses located on the same lot or site.

Mobile Home.
“Mobile home” means a manufactured structure, transportable in one or more sec�ons, which is built on a permanent chassis and designed to be used with or without a permanent founda�on when connected to the required u�li�es that serves as a home. It does not include recrea�on vehicles or travel trailers.

Motel.
“Motel” means an establishment containing a maximum of forty-nine guest rooms or suites, each having a separate entrance leading directly from the outside of the building or from an inner court, which facili�es are designed, accompanied, use or intended to be used, rented, or hired out for temporary or overnight accommoda�ons for guest, offered primarily to automobile tourists or transients, which no provisions are made for cooking in any individual guest room or suite. A motel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests. (Ord. 822 §1, 1989)
Mulch.
“Mulch” means any material such as leaves, bark, straw or other materials le� loose and applied to the soil surface to reduce evapora�on.

Nightclub.
“Nightclub” means any establishment, which is regularly used and kept open at any �me of the day or night, for the business of serving for monetary compensa�on, alcoholic beverages to patrons comprised of the general public. Live entertainment is allowed by permit and may be provided. Food is not served to patrons. (Ord. 1009 §3, 1999)
Nightclub, Private.
“Private nightclub” means any establishment, which is regularly used and kept open, at any �me of the day or night, for the serving of alcoholic beverages and food. Live entertainment is allowed by permit and may be provided. Said establishment is maintained for the sole use and benefit of its members and guests of the members. The premises are not open to the general public. (Ord. 1009 §4, 1999) Nonconforming Building.
“Nonconforming building” means a building or structure lawfully exis�ng on the effec�ve date of the regula�ons codified in this �tle, but which would be prohibited, regulated, or restricted under the terms of these regula�ons or future amendment. (Ord. 822 §1, 1989) Nonconforming Site.
"Nonconforming site" means a lot or parcel of land which was lawfully developed in accordance with zoning regula�ons in effect at the �me of development but which does not comply with current regula�ons with respect to, but not limited to: density; coverage; yards; setbacks; parking layout and paving; site orienta�on; fencing and walls; landscaping; refuse storage; outdoor storage, or any other provision specific to site development, regardless of whether or not the site was previously deemed conforming.

Nonconforming Structure.
“Nonconforming structure” means a structure or por�on thereof which was lawfully erected or altered and maintained but which, because of the applica�on of this ar�cle to it, no longer conforms to the regula�ons set forth in this ar�cle applicable to the zone in which such structure is located.

Nonconforming Use.
“Nonconforming use” means a use which lawfully occupied a building or land on the effec�ve date of the regula�ons codified in this �tle, but which would be prohibited, regulated, or restricted under the term of these regula�ons or future amendment. (Ord. 822 §1, 1989) Nonprofit Social Service Organiza�on.
“Nonprofit social service organiza�on” means an organiza�on which is incorporated under the laws of the state, has a nonpaid board of directors and which provides, on a nonresidence basis, social services to the general public on an ability to pay, or nonpayment basis. These services may include, but are not limited to, employment counseling, family counseling, recrea�on, employment training, retraining, youth ac�vi�es, aid to disadvantaged or handicapped persons, emergency aid or disaster relief, drug abuse or alcohol addic�on counseling, senior ci�zens’ ac�vi�es, and educa�on and rehabilita�on facili�es. (Ord. 822 §1, 1989)
Non-Restricted Units.
“Non-restricted units” means all units within a housing development excluding the target units.

Nuisance.
“Nuisance” means anything that interferes with the use or comfortable enjoyment of property or life or which is offensive to the senses.

Nursery, Child Care.
“Child care nursery” means a building, facility or premises used for the supervision and care, for a considera�on, of five or more children not related by blood or marriage to the person providing the care and shall include nursery schools and day camps. (Ord. 822 §1, 1989) Nursing and Convalescent Hospitals
“Nursing and convalescent hospitals” means any place or ins�tu�on which provides bed accommoda�ons for one or more chronic or convalescent pa�ents, who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental or communicable diseases, including contagious tuberculosis, shall not be admited or cared for in nursing and convalescent hospitals.

Object.
“Object” means a material thing of func�onal, aesthe�c, cultural, symbolic, or scien�fic value, usually by design or nature movable.

One-Hundred-Year-Flood.
“One-hundred-year-flood” means the condi�on of flooding having a one percent chance of annual occurrences.

Open Space, Common.
“Common open space” means useable open space which is for the use of the residents of three or more dwelling units.

Open Space, Private.
“Private open space” means outdoor space which is intended for the exclusive use of the residents of a dwelling unit which adjoins it and has access to it and is enclosed by a fence or wall or view-obscuring hedge at least four feet six inches in height.

Open Space, Usable.
“Useable open space” means the following:

A. Outdoor space opened to the sky.

B. Not more than ten (10) percent in grade on the building site of a lot and/or within the rear yard, interior side yard of the building.

C. Maintained for landscaping, community gardens, swimming pools, recrea�on rooms, and other inside and outside living or recrea�onal uses, excep�ng wherefrom areas used for off-street parking, driveways, service areas, or unusable slopes front setbacks and any por�on of the required square footage for private space.

D. Specifically designed and constructed to be occupied by and used by residents of the dwelling units on the lot.

Outdoor Adver�sing Structure.
“Outdoor adver�sing structure” means the same as “sign structure.” (Ord. 822 §1, 1989) Overlay Zone/District
“Overlay Zone/District” means a set of zoning requirements that is described in the text of the Zoning Code, is mapped and is imposed in addi�on to those requirements of the underlying district.

Overspray.
“Overspray” means the water which is delivered beyond the landscaped area, we�ng pavements, walks, structures, or other nonlandscaped areas.

Parcel of Land.
“Parcel of land” means any con�guous quan�ty of land, in the possession of, owned by, or recorded and assessed by the county assessor as the property of the same claimant or person. (Ord. 822 §1, 1989) Parkway.
“Parkway” means the area of a public street that lies between the curb and the adjacent property line or physical boundary defini�on such as fences or walls, which is used for landscaping and/or passive recrea�onal purposes. The publicly owned area located between the curb and the right-of-way line of any public street.

Passageway.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Pa�o, Enclosed
“Enclosed pa�o” means a covered freestanding or atached level, paved or decked area enclosed on all sides whose principal use shall be for outdoor entertaining or recrea�on. A pa�o shall be considered enclosed when surrounded by a rail, wall, glass, plas�c, or similar type barrier taller than forty-two inches (42ʺ) on any side, excluding the walls of an approved atached structure. An enclosed pa�o is not used as a habitable room or as a parking space for vehicles.

Pa�o, Open.
“Open pa�o” means a freestanding or atached level, paved or decked area open on one (1) or more sides, enclosed only by the walls of an atached approved structure, whose principal use shall be for outdoor entertaining or recrea�on. These areas may be covered or uncovered, and may be surrounded by a rail, wall, glass, plas�c, or similar barrier measured at a height of forty-two inches (42ʺ) or less. An open pa�o may be enclosed by insect screening. An open pa�o is not used as a habitable room or as a parking space for vehicles.

Paving.
“Paving” means a solid concrete, �le, or brick surface that serves as a covering for pedestrian/vehicular travel.

Permit.
“Permit” means a document issued by the City pursuant to the provisions of this ar�cle authorizing specific ac�vi�es, uses, or structures together with the condi�ons upon which such permit is issued, and the plans, specifica�ons, reports, and approved modifica�ons pertaining thereto.

Person.
“Person” includes a firm, associa�on, organiza�on, partnership, trust, company, or corpora�on as well as an individual. (Ord. 822 §1, 1989)
Porte Cochere.
“Porte cochere” means a roof-like atachment to a building, open on three (3) sides, used primarily for the protec�on and convenience of loading and unloading passengers or materials. (Ord. 822 §1, 1989) Preferen�al Parking.
“Preferen�al parking” means parking spaces designated or assigned, through the use of sign or painted space markings for carpool and vanpool vehicles carrying commuter passengers on a regular basis that are provided in a loca�on more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

Premises.
“Premises” means any por�on of any lot and any por�on of any building or structure contained thereon.

Preserva�on.
“Preserva�on” means the iden�fica�on, study, protec�on, restora�on, rehabilita�on, or enhancement of a landmark. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Principal Structure.
“Principal structure” means the primary structure(s) within which is conducted the principal use of the lot.

Principal Use.
“Principal use” means the primary and predominate use on any lot.

Property Owner.
“Property owner” means the legal owner of a development. The property owner shall be responsible for complying with the provisions of Municipal Code Title 17 either directly or through an authorized agent.

Public Convenience and Necessity.
“Public convenience and necessity,” when applied to the issuance of permits for the sale of alcoholic beverages pursuant to Sec�on 23958.4(b)(2) of the Business and Professions Code, means that the issuance of the license for the off-sale of alcoholic beverages will allow the holder of that license to offer, or provide, a service or product to the general public that is not reasonably accessible, or sufficiently provided, within a specific geographic area of reasonable propor�ons. (Ord. 1009 §8, 1999) Public Storage (Mini/Self Storage).
“Public storage (mini/self-storage)” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers leased or rented to the public as individual storage spaces for personal and/or other property. The goods and materials stored are not intended for redistribu�on, resale or other commercial ac�vity. No other ac�vity other than the storage described above except incidental sales and rentals is intended for a public storage facility.

Public Rights-of-Way.
“Public rights-of-way” means the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public u�lity easements and public service easements, as the same now or may herea�er exist, that are under the city’s jurisdic�on and within the city’s regulatory authority.

Public Transit.
“Public transit” means a loca�on, including, but not limited to, a bus or train sta�on, where the public may access buses, trains, subways, and other forms of transporta�on that charge set fares, run on fixed routes, and are available to the public.

Public Transit Stop.
“Public transit stop” means a loca�on, including, but not limited to, a bus stop or train sta�on, where the public may access buses, trains, subways, and other forms of transporta�on that charge set fares, run on fixed routes, and are available to the public.

Public U�lity Facility.
“Public u�lity facility” means, but is not limited to, an assembly of materials and equipment, including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use. (Ord. 822 §1, 1989)
Qualified Buyer, ADU.
“ADU qualified buyer” means persons and families of low or moderate income, as that term is defined in Sec�on 50093 of the California Health and Safety Code.

Qualified Nonprofit Corpora�on, ADU.
“ADU qualified nonprofit corpora�on” means a nonprofit corpora�on organized pursuant to Internal Revenue Code that has received a welfare exemp�on under Revenue and Taxa�on Code for proper�es intended to be sold to low-income families who par�cipate in a special no-interest loan program.

Quasi-Public Use.
“Quasi-public use” means a use conducted by a private nonprofit educa�onal, religious, recrea�onal, charitable, or medical ins�tu�on, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universi�es, private hospitals, youth centers and similar uses. (Ord. 822 §1, 1989)
Rain Sensing Device.
“Rain sensing device” means a system which automa�cally shuts off the irriga�on system when it rains.

Reasonable Accommoda�on.
“Reasonable accommoda�on” means any request by, or on behalf of, a disabled person for a reasonable devia�on from the City’s strict applica�on of its land use or building regula�ons as set forth in this code, or as adopted by reference in this code, in order for such disabled person to use and enjoy a dwelling.

Recrea�onal Area.
“Recrea�onal area” means areas of ac�ve play or recrea�on such as sports fields, school yards, picnic grounds or other areas with intense foot traffic.

Recrea�onal Vehicle.
“Recrea�onal vehicle” means a vehicular unit not exceeding forty (40) feet in body length, or ten (10) feet in width, primarily designed as a temporary living quarters for recrea�onal, camping or travel use; it either has its own mo�ve power or is designed to be mounted on or drawn by an automo�ve vehicle.

Length shall be measured from bumper to bumper on self-propelled vehicles and from bumper to tongue on towed vehicles. Recrea�onal vehicle includes motor home, truck camper, travel trailer and camping trailer. A vehicle mee�ng the above defini�on except for size is not deemed incidental to a dwelling unit.

Recycling Center.
“Recycling center” means a center for the collec�on and/or processing of recyclable materials. A cer�fied recycling facility or cer�fied processor means a recycling facility cer�fied by the California Department of Conserva�on as mee�ng the requirements of the California Beverage Container Recycling and Liter Reduc�on Act of 1986. The recycling facility does not include storage container or processing ac�vi�es located on the premises of a residen�al, commercial or manufacturing use and used solely for the recycling of material generated by that residen�al property, business or manufacturer.

Regulatory Flood Eleva�on.
“Regulatory flood eleva�on” means the water surface eleva�on of the one-hundred-year flood.

Rehabilitated Landscape.
“Rehabilitated landscape” means any relandscaping project that requires approval by the planning director, planning commission, city council, or requires a permit.

Restaurant, Drive-Through and Walkup.
“Drive-through restaurant” and “walkup restaurant” mean an establishment which, on a regular basis, is open for the serving of meals to patrons for compensa�on, from a limited menu, at which orders and food are taken and provided at a counter serving primarily takeout food or any full-service restaurant with a drive-through or walkup counter or window. (Ord. 822 §1, 1989) Restaurant, Full Service.
“Full-service restaurant” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensa�on and which has adequate kitchen facili�es suitable for the prepara�on of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads and at which orders are taken and meals are served at the tables by employees of the restaurant. (Ord. 822 §1, 1989)
Restaurant with Alcohol.
“Restaurant with alcohol” means any establishment, which is regularly used, kept open for, and in the business of, serving meals for monetary compensa�on to patrons comprised of the general public. Said premises shall have suitable kitchen facili�es connected therewith for the prepara�on of a variety of complete cooked meals over and beyond such foods as sandwiches or salads. As an ancillary use to the serving of meals to patrons, alcoholic beverages of any type may be served and consumed on the premises, either at the tables with food or at a bar, or both. Live entertainment is allowed by permit and may be provided. Any facility which sa�sfies the forgoing criteria for a restaurant with alcohol, but which also has area(s) designated for use other than food prepara�on and consump�on such as a bar/lounge area, billiards, pool tables, dart boards, etc. which total in excess of ten percent of the total gross floor area shall be deemed a tavern. (Ord. 1009 §5, 1999)
Rest Home.
“Rest home” means a building or a group of buildings which provides nursing, dietary and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental ins�tu�ons. (Ord. 822 §1, 1989) Retail Store.
“Retail store” means a business selling goods, wares, or merchandise directly to the ul�mate consumer. (Ord. 822 §1, 1989)
Retail Sales, New.
“New retail sales” means the on-site sale of new merchandise, which is open to the general public, not specifically listed under another use classifica�on. This classifica�on includes, but is not limited to, department stores, grocery stores, book stores, clothing stores, candy stores, furniture stores, businesses retailing toys, hobby materials, handcra�ed items, shoe stores, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, spor�ng goods, kitchen utensils, hardware, home improvement, appliances, an�ques, art supplies and services, paint and wallpaper carpe�ng and floor covering, office supplies, bicycles and new automo�ve parts and accessories (excludes service and installa�on).

Retail Sales, Used.
“Used retail sales” means the on-site sale of used merchandise that has previously been owned by another individual or party, which is open to the general public, not specifically listed under another use classifica�on. This classifica�on includes, but is not limited to, used merchandise for sale in secondhand stores, thri� stores, consignment stores, pawnshops, and/or E-bay stores.

Ringelmann Chart.
“Ringelmann chart” means a chart which is described in the U.S. Bureau of Mines Informa�on Circular 7718, and on which are illustrated graduated shades of grey for use in es�ma�ng the light-obscuring capacity of par�cular smoke. (Ord. 822 §1, 1989)
Roof.
“Roof” means the external upper covering of any por�on of a building or structure, including projec�ons beyond the walls or support of the building or structure, which is permanently atached.

Roof, Dutch-Gable.
“Dutch-gable roof” means a roof with a small gable at the top of a hip roof.

Roof, Flat.
“Flat roof” means a roof nearly horizontal and level, typically includes a roof with a 2:12 slope or less.

Roof, Gable.
“Gable roof” means a pitched roof having a gable at each end.

Roof, Gambrel.
“Gambrel roof” means a ridged roof with two (2) slopes on either side, the lower slope having the steeper pitch. It is o�en flared beyond the front and rear of the dwelling forming a deep overhang.

Roof, Hipped.
“Hipped (or hip) roof” means a roof that slopes down to the eaves on all four (4) sides. Although a hipped roof is not gabled, it may have dormers or connec�ng wings with gables.

Roof, Mansard.
“Mansard roof” means a roof that has two (2) slopes on each of the four (4) sides. The lower slope is steeper than the upper slope. Dormers are o�en set in the lower slope. The upper slope is usually not visible from the ground.

Roominghouse.
“Roominghouse” means the same as “boardinghouse.” (Ord. 822 §1, 1989) Runoff.
“Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (applica�on rate exceeds infiltra�on rate) or when there is a severe slope.

Salvage Yard.
“Salvage yard” means any lot or the use of any por�on of any lot where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including automobile wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condi�on, or salvaged materials incidental to manufacturing opera�ons conducted on the premises. (Ord. 822 §1, 1989)
Satellite Earth Sta�on Antenna.
“Satellite earth sta�on antenna” means a parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmi�ng signals for voice, video, or data.

School.
“School” means an ins�tu�on of learning which offers instruc�on in the several branches of learning and study required to be taught in the public schools by the educa�on code of the state. A school may be either publicly or privately operated. (Ord. 822 §1, 1989)

Private School.
“Private school” means any building or group of buildings the use of which meets State requirements for primary, secondary or higher educa�on and which does not secure the majority of its funding from any governmental agency.

School, Trade or Voca�onal.
“Trade or voca�onal school” means private schools offering preponderant instruc�on in the technical, commercial or trade skills, such as real estate schools, beauty colleges, business colleges, electronic schools and similar commercial establishments. (Ord. 822 §1, 1989) Screening.
“Screening” means a method of visually shielding or obscuring one abu�ng or nearby structure or use from another by fencing, walls, berms or densely planted vegeta�on.

Second Unit.
“Second unit” means an atached or a detached residen�al dwelling unit that provides complete independent living facili�es for one or more persons. It shall include permanent provisions for living, sleeping, ea�ng, cooking, and sanita�on on the same parcel as a single-family dwelling. “Second unit” also includes efficiency units and manufactured homes. (Ord. 1051 §7, 2003) Sec�on.
“Sec�on” means any por�on of this �tle immediately preceded by numerals commencing with the number “17.” (Ord. 822 §1, 1989)
Senior Ci�zen Housing.
“Senior ci�zen housing” or “senior housing development” means a senior ci�zen housing development, as defined in Sec�ons 51.3 and 51.12 of the State of California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sec�on 798.76 or 799.5 of the State of California Civil Code.

Service Sta�on.
“Service sta�on” means the same as “automobile service sta�on.” (Ord. 822 §1, 1989) Setback Line, Front.
“Front setback line” means the line that defines the depth of the required front yard. Said setback line shall be parallel with the street line and be removed therefrom by the perpendicular distance prescribed for the front yard in the zone.

Setback Line, Rear or Side.
“Rear setback line” or “side setback line” means the line that defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in “setback line, front”.

Setback, Street Side.
“Street side setback” means, on a lot that abuts two (2) or more streets at their intersec�on, the line that defines the width of the required side yard on the street side. Said setback line shall be parallel with the street line, removed therefrom by the perpendicular distance prescribed for the yard in the zone.

Shared Parking.
“Shared parking” means a situa�on where the same parking spaces can be u�lized by two or more different uses and/or businesses due to the differing peak hours of opera�on of the uses involved.

Short-Term Bicycle Parking.
“Short-term bicycle parking” means bicycle parking where bicycles are le� for two hours or less, such as bicycle racks.

Sign.
“Sign” means a name, iden�fica�on, image, descrip�on, display or illustra�on which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs aten�on to an object, product, place, ac�vity, facility, service, event, atrac�on, person, ins�tu�on, organiza�on, or business and which is visible from any street, right-of-way, sidewalk, alley, park, or other public property. Customary displays of merchandise or objects without letering placed behind a store window are not signs or parts of signs for the purposes of these regula�ons. (Ord. 822 §1, 1989)
Sign Area.
“Sign area” means that area included within the outer dimensions of a sign. The area of a single face of double or mul�ple faced sign shall contain the percentage of the total allowable sign area divided by the

number of faces of the sign unless otherwise stated in these regula�ons. In the case of skeleton leters or other signs placed on a wall without a border the area of each leter, shape, or figure shall be computed by enclosing the leter, shape, or figure within sets of parallel lines. The structural supports for a sign, whether columns, pylons or a building or part thereof, shall not be included in the sign area.

Sign, Awning.
“Awning sign” means any sign painted or otherwise affixed permanently to the exterior surface of an awning.

Sign, Banner.
“Banner sign” means a nonpermanent sign composed of fabric, pliable plas�c, paper, or other light material not enclosed in a rigid frame or secured or mounted so as to allow movement by the atmosphere to cause movement of the sign, including flags, streamers, and pennants.

Sign Copy.
“Sign copy” means any words, leters, figures, designs or symbolic representa�ons incorporated into a sign for the purpose of conveying informa�on or atrac�ng aten�on to the subject mater.

Sign, Direc�onal.
“Direc�onal sign” means on-premises signs designed to guide or direct pedestrian or vehicular traffic.

Sign, Directly Lighted.
“Directly lighted sign” means a sign which has light cast on the surface from an interior light source.

Sign, Flashing.
“Flashing sign” means any sign having an intermitent varia�on in the illumina�on of less than two hours’ dura�on. (Ord. 822 §1, 1989)
Sign, Freestanding.
“Freestanding sign” means any sign standing on the ground and not atached or affixed to a building and supported by one or more poles or braces in, or on, the ground which are not a part of the building or structure. The term freestanding sign shall include monument signs and planter signs.

Sign, Ground.
“Ground sign” means the same as “freestanding sign.”
Sign, Gateway.
“Gateway sign” means a sign which announces or adver�ses the entrance to the city and is located on private property at, or near, one of several specified loca�ons within the city. Such signs may also adver�se businesses, goods and services located on the same property with the sign. (Ord. 940 §1, 1993) Sign Height.
“Sign height” means the height of a sign measured from the average ground level at the base of the suppor�ng structure to the top of the sign or as otherwise provided for.

Sign, Illegal.
“Illegal sign” means any sign placed without proper governmental authority or approval as required by the regula�ons in effect at the �me said sign was placed. “Illegal sign” also means any nonconforming sign which has exceeded its authorized amor�za�on period.

Sign, Illuminated.
“Illuminated sign” means any sign designed to emit or brightly reflect ar�ficial light. (Ord. 822 §1, 1989) Sign, Indirectly Lighted.
“Indirectly lighted sign” means any sign which has light cast on its surface from an exterior light source.

Sign, Monument.
“Monument sign” means a sign placed upon a base upon the ground. Such sign shall be constructed of materials that are coordinated with materials used in the construc�on of the building or development which it is intended to adver�se. A monument sign shall be considered a freestanding sign for the purpose of regula�ons outlined in Chapter 17.02 and 17.15.

Sign, Nonconforming.
“Nonconforming sign” means a sign which was validly installed under the regula�ons in effect at the �me of such installa�on, but which would not be permited under the provisions of current regula�ons.

Sign, Off-Site.
“Off-site sign” means a sign which adver�ses products, objects or services which are not manufactured, sold, or distributed on the property or premises on which the sign is located.

Sign, On-Site.
“On-site sign” means a sign which iden�fies the business or premises or products manufactured, sold, or distributed or services offered by the operator of the business or premises.

Sign, Planter.
“Planter sign” means a “monument sign” except that shrubs, groundcover or other plan�ngs shall be an integral part of the sign base. Planter signs shall be considered as freestanding signs for the purpose of regula�ons outlined in Chapter 17.02 and Chapter 17.15.

Sign, Projec�ng.
“Projec�ng sign” means a sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the wall.

Sign, Roof.
“Roof sign” means a sign erected on a roof.

Sign Structure.
“Sign structure” means any structure which supports, or is capable of suppor�ng any sign. A sign structure may be a single pole and may or may not be an integral part of a building. (Ord. 822 §1, 1989) Sign, Wall.
“Wall sign” means any sign atached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.

Single-Family Residence.
“Single-family residence” means an atached or detached building not to contain more than one kitchen where the occupants of the dwelling unit live and func�on together as a household.

Single Room Occupancy (SRO).
“Single room occupancy” means a residence, building, or accessory building other than a motel, hotel, or extended lodging facility, wherein three or more rooms, with or without individual or group cooking facili�es are rented to individuals on a non-permanent basis, under separate rental agreements or lease, either writen or oral, whether or not an owner, agent, or rental agent is in residence or building.

Site Plan.
“Site plan” means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regula�ons including lot lines, streets, building sites, reserved open space and other specific development proposals.

Site Plan Review.
“Site plan review” means an administra�ve process conducted in accordance with Chapter 17.03.

Soil Moisture Sensing Device.
“Soil moisture sensing device” means a device that measures the amount of water in the soil.

Soil Texture.
“Soil texture” means the classifica�on of soil based on the percentage of sand, silt, and clay in the soil.

South Coast Air Quality Management District.
“South Coast Air Quality Management District” herea�er referred to as “SCAQMD” is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin.

Special Event.
“Special event” means a temporary outdoor use that extends beyond the normal uses and standards allowed by this ar�cle. Special events may include, but are not limited to art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, fes�vals, home exhibi�ons, and church bazaars.

Specific Adverse Impact.
“Specific adverse impact” means a significant, quan�fiable, direct, and unavoidable impact, based on objec�ve, iden�fied, and writen public health or safety standards, policies, or condi�ons as they existed on the date the applica�on was deemed complete.

Specific Plan.
“Specific Plan” means a plan, adopted by City Ordinance, which shows the future physical development to be implemented within a specifically defined and circumscribed area of the City. The Specific Plan describes the types of land uses to be developed on each parcel; a plan for infrastructure in and adjacent to the Specific Plan area; and writen standards, regula�ons, and policies for such items as architectural design, open spaces, preserva�on of exis�ng structures, and other relevant factors.

Sprinkler Head.
“Sprinkler head” means a device which sprays water through a nozzle.

Square Footage, Gross.
“Gross square footage” means the number of square feet in all floor levels of a building, including below grade levels, as measured from the finished interior face of the exterior walls.

Storage Yard.
“Storage yard” means any open space upon which is stored or placed for any length of �me, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided that the storage or placement of such items complies with every applicable provision of the city code. (Ord. 822 §1, 1989) Storage, Self.
“Self storage” means a use for the storage of personal goods within mul�ple individual enclosed storage spaces rented to different individuals and businesses.

Story.
“Story” means that por�on 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 por�on of a building included between the upper surface of the topmost floor and the ceiling or roof above. That por�on of a building between a floor and the floor above, more than fi�y percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking. (Ord. 822 §1, 1989) Street.
“Street” means a public thoroughfare or right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abu�ng property. (Ord. 822 §1, 1989) Structure.
“Structure” means anything constructed or erected which requires loca�on on the ground or atached to something having a loca�on on the ground. (Ord. 822 §1, 1989) Subdivision.
“Subdivision” means the division by any person or partnership, firm, corpora�on, of any unit or units of improved or unimproved land, or any por�on thereof, shown on the latest equalized County assessment roll as a unit or as con�guous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as con�guous units, even if it is separated by roads, streets, u�lity easement or railroad rights-of-way. “Subdivision” includes a condominium project, a community apartment project, or the conversion of five or more exis�ng dwelling units to a stock more exis�ng dwelling units to a stock opera�ve.

Subsec�on.
“Subsec�on” means any division within any numbered sec�on of this �tle. (Ord. 822 §1, 1989) Substan�al Improvement.
“Substan�al improvement” means any repair, reconstruc�on, or improvement of a structure, the cost of which equals or exceeds fi�y percent of the market value of the structure either:

A. Before the improvement is started; or
B. If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this defini�on, “substan�al improvement” is considered to occur when the first altera�on of any wall, ceiling, or floor or other structural components of the building commences whether or not that altera�on affects the external dimensions of the building. The term does not,

however, include any altera�on to comply with exis�ng state or local health, sanitary, building or safety codes or regula�ons as well as structures listed in na�onal or state registers of historic places. (Ord. 822 §1, 1989)
Support Structure.
“Support structure” or “wireless telecommunica�ons antenna array support structure” means a freestanding structure that is designed and constructed for the specific purpose of suppor�ng an antenna array and that may consist of a monopole, a mast, a self-suppor�ng la�ce tower, a guy-wire support tower, or other similar structures.

Swap Meet.
“Swap meet” means the same as “market, outdoor.” (Ord. 978 §2, 1996; Ord. 822 §1, 1989) Tandem Parking.
“Tandem parking” means two or more automobiles are parked on a driveway or in any other loca�on on a lot, lined up behind one another. (Ord. 1242 §5, 2020) Target Unit.
“Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.

Tatoo/Tatooing.
“Tatoo/tatooing” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. “Tatooing” does not include applica�on of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.

Tatoo and Body Piercing Studio.
“Tatoo and body piercing studio” means any establishment where tatooing or body piercing takes place.

Tavern.
“Tavern” means any establishment which is regularly used, kept open for, and in the business of, serving alcoholic beverages for monetary compensa�on to patrons comprised of the general public; and food such as peanuts, popcorn, pretzels, sandwiches, and salads are also served. And within the establishment there is provided floor area for billiards, pool tables, dart boards, etc., in excess of ten percent of the total floor area. Live entertainment is not provided nor allowed. (Ord. 1009 §6, 1999) Telecommunica�ons Tower.
“Telecommunica�ons tower” means a freestanding mast, pole, monopole, guyed tower, la�ce tower, free standing tower or other structure designed and primarily used to support wireless communica�on facility antennas.

Temporary Use.
“Temporary use” means a use established for a fixed period of �me with the intent to discon�nue such use upon the expira�on of the �me period.

Tenant.
“Tenant” means the lessee of facility, land, or air space at an applicable development project.

To place.

The verb “to place” and any of its variants, as applied to sign and sign structures, means and include maintaining, erec�ng, construc�ng, pos�ng, pain�ng, prin�ng, nailing, gluing, otherwise fastening, affixing, or making visible in any manner. (Ord. 822 §1, 1989) Trailer.
“Trailer” means the same as “automobile trailer.” (Ord. 822 §1, 1989) Trailer park.
“Trailer park” means any area or tract of land intended, maintained, used, or designed for the purpose of supplying a loca�on or accommoda�on for two or more automobile trailers for human habita�on, including all buildings used or intended for use as part of the equipment of such facility, whether or not a charge is made for such use, including “trailer camp,” “trailer court,” “mobile home park,” and similar terms. (Ord. 822 §1, 1989)
Transit Priority Area (TPA).
“Transit priority area” means an area within one-half mile of a major transit stop that is exis�ng or planned, if the planned stop is scheduled to be completed within the length of �me into the future that is included in a Transporta�on Improvement Program or applicable regional transporta�on plan.

Transi�onal Housing.
“Transi�onal housing” means, pursuant to the California Health and Safety Code, reduced fee rental housing which offers suppor�ve services (such as job training and counseling to individuals and families) for up to twenty-four (24) months that is designated for recently homeless persons and is operated under program requirements that call for the termina�on of assistance and recircula�on of the assisted unit to another eligible program recipient at some predetermined future point in �me, which shall be no less than six months. Small transi�onal housing is permanent housing (so-called group homes) serving six or fewer people is considered a standard residen�al use and is permited in all zones where residen�al uses are permited.

Transporta�on Demand Management (TDM).
“Transporta�on demand management” herea�er referred to as “TDM” means the altera�on of travel behavior—usually on the part of commuters—through programs of incen�ves, services, and policies.

TDM addresses alterna�ves to single-occupant vehicles and changes in work schedules that move trips out of peak periods or eliminate them altogether.

Trip Reduc�on.
“Trip reduc�on” means reduc�on in the number of work-related trips made by single-occupant vehicles.

Truck Terminal.
“Truck terminal” means any facility, building or premises used or improved for use for the storage, maintenance, repair or servicing of trucks, trailers, semi-trailers or similar transporta�on equipment or used primarily in connec�on with the transporta�on, transfer or storage of goods, wares or merchandise whether or not such use is conducted outside of or within an enclosed building, but excluding the storage, maintenance, repair or servicing of any such transporta�on equipment or the storage of goods,

wares and merchandise solely as an incident to a conduct of a primary use permited and lawfully conducted by the owner thereof on such premises. (Ord. 822 §1, 1989) Truck, Trailer and Equipment Rental Yard.
“Truck, trailer and equipment rental yard” means a business conducted primarily in an open area, where trucks, trailers, various mechanical, landscaping and construc�on equipment and tools are stored or offered for rent, lease or sale.

Turf.
“Turf” means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial rye grass, red fescue and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore Paspalum, St. Augus�ne grass, Zoysia grass and Buffalo grass are warm-season grasses.

Turf, Synthe�c.

Synthe�c turf” means a man-made, synthe�c material manufactured from nylon, polypropylene, polyethylene, or a blend of nylon, polypropylene and polyethylene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn.

Unimproved.
“Unimproved” means any lot or parcel of land recorded by the county assessor, not used, employed or legally built upon prior to July 30, 1958. (Ord. 822 §1, 1989) Usable Open Space.
“Usable open space” means any usable area designated for and to be used for outdoor living, recrea�on, or landscaping on the ground or unenclosed balcony, or approved roof deck, and may include pa�os and deck areas of swimming pools and rear yards. No por�on of required front yards and side yards, offstreet parking space or driveways shall cons�tute usable open space. (Ord. 822 §1, 1989) Use.

The term “use” means the purpose for which land or a building or structure is arranged, designed, or intended or for which either is, or may be occupied or maintained. (Ord. 822 §1, 1989) Use, Principal.
“Principal use” means a primary or predominant ac�vity which occurs at a site. Such a use must be listed in the land use matrix or determined to be similar to a listed use. Such use must occupy a minimum of fi�y-one (51) percent of the building. A site or parcel may not have more than one principal use.

Vanpool.
“Vanpool” means a vehicle carrying seven to fi�een occupants commu�ng together to and from work on a regular basis, usually in a vehicle with a sea�ng arrangement designed to carry seven to fi�een adult passengers, and on a prepaid subscrip�on basis.

Variance.
“Variance” means a waiver of specific regula�ons of this �tle, granted by the city in accordance with the provisions set forth in this �tle, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other proper�es in the same vicinity and zone. (Ord. 822 §1, 1989)

Vehicle.
“Vehicle” means any motorized form of transporta�on, including, but not limited to, automobiles, vans, buses, and motorcycles. (Ord. 963 §39, 1995; Ord. 926 §1, 1993) Warehouse.
“Warehouse” means a building or por�on of a building used for the deposit of personal property for storage, redistribu�on, or for sale at wholesale or at mail order and where no retail opera�on is conducted. (Ord. 822 §1, 1989)
Water Efficient Irriga�on.
“Water efficient irriga�on” means the scheduling and management of an irriga�on system to supply moisture to a landscape without excess or waste in compliance with the landscape/irriga�on criteria set forth.

Water Efficient Landscaping.
“Water efficient landscaping” means a landscape that is designed and maintained to func�on in a healthful and visually pleasing manner in compliance with the landscape/irriga�on criteria set forth. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants na�ve to hot/dry environments, xeriscape, and hardscape to achieve an overall landscape concept which is water conserving.

Wholesale.
“Wholesale” means sale or resale and not for direct consump�on. (Ord. 822 §1, 1989) Wine Tas�ng.
“Wine tas�ng” means the furnishing to customers instruc�on on the history, nature, values, and characteris�cs of wine, as well as instruc�on concerning the methods of presen�ng and serving the wine when samples of the subject wines are furnished to customers.

Wind Sensing Device.
“Wind sensing device” means a device that automa�cally shuts off the irriga�on system during �mes of heavy wind. (Ord. 1163 §1, 2012)
Wireless Telecommunica�ons Antenna Facility.
“Wireless telecommunica�ons antenna facility” means an unstaffed facility for the transmission or recep�on of wireless telecommunica�ons services, commonly consis�ng of an antenna array, connec�on cables, a support structure to achieve the necessary eleva�on, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protec�ve structures.

Wireless Telecommunica�ons Services.
“Wireless telecommunica�ons services” means any personal wireless services as defined in the federal Telecommunica�ons Act of 1996, including federally-licensed wireless telecommunica�ons services consis�ng of cellular services, personal communica�ons services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future. (Ord. 1044 §3, 2003)

Wrecking Yard.
“Wrecking yard” means the same as “automobile dismantling yard.” (Ord. 822 §1, 1989) Yard.
“Yard” means an open space abu�ng a front, rear, or side lot line of a lot that is unoccupied and unobstructed from the ground upward, except as otherwise provided in this ar�cle. Yard shall also mean the required setback area for a building or structure from a property line.

Yard, Front.
“Front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regula�ons of the zone district in which the property is located. (Ord. 822 §1, 1989)
Yard, Rear.
“Rear yard” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line. (Ord. 822 §1, 1989) Yard, Side.
“Side yard” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building. (Ord. 822 §1, 1989)

Zone.
“Zone” means an area of land shown on the official zoning map or described in this �tle within which uniform regula�ons for the uses and development of land are made applicable by this �tle and shall include “district,” “zone district” and “zoning district.” (Ord. 822 §1, 1989) Zone Change.
“Zone change” means the legisla�ve act of amending this �tle by removing an area of land from one zone district and placing it in another zone district on the official zoning map. (Ord. 822 §1, 1989)

Chapter 17.03

PERMIT APPROVAL PROCEDURES
Sections

17.03.010 Purpose and applicability.

17.03.020 Permit types.

17.03.030 Review bodies and responsibilities.

17.03.040 Development applica�on: streamlined ministerial approval.

17.03.050 Development applica�on process.

17.03.060 Conditional use permits.

17.03.070 Temporary use permits.

17.03.080 Home occupation permits.

17.03.090 Plans required and site plan review (Residen�al Zones ONLY).

17.03.100 Developments within flood hazard areas.

17.03.110 Final review and cer�fica�on of plans.

17.03.120 Improvement project areas – site plan review.

17.03.130 Public hearings – procedure and conduct.

17.03.140 Historic preservation.

17.03.150 Amendments to zoning regulations.

17.03.160 Variances.

17.03.170 Nonconformi�es.

17.03.180 Modifica�on of development standards.

17.03.190 Miscellaneous standards and permited encroachments.

17.03.200 Enforcement.

17.03.210 Catering vehicle as a condi�onally permited accessory use to a restaurant.

17.03.220 Electric vehicle charging systems.

17.03.230 Massage establishments.

17.03.010 Purpose and applicability.

The purpose of this chapter is to define the permit applica�on filing, processing, and approval procedures to which all development applica�ons in the City of South El Monte are subject. This chapter shall apply to all uses, structures, facili�es, and construc�on within the City of South El Monte which require a permit, as defined, to construct, enact, or implement.

17.03.020 Permit types.

The following types of permits shall be applicable to all uses, structures, facili�es, and construc�on within the City of South El Monte, as specified:

A. Condi�onal Use Permit

1. The purpose of the condi�onal use permit is to afford the commission the opportunity to review proposed uses, structures, or facili�es which could have an adverse effect upon the surrounding area and to place such reasonable condi�ons upon these uses and developments as to make them more compa�ble with their surroundings. These condi�ons may supersede the development standards required elsewhere but will not permit uses not otherwise permited.

2. A condi�onal use permit shall be required for any use within a zone district which is designated as a condi�onal use by the district regula�ons or for such other uses which, by their scope, scale, or nature, would not specifically be permited uses within any designated zone district, but which would be recognized as uses that would be beneficial to the community as a whole. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Temporary Use Permit

1. The purpose of the temporary use permit is to control and regulate land use ac�vi�es of a temporary nature which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compa�ble with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding proper�es and the environment. (Ord. 1143 §1, 2011)
C. Home Occupa�on Permit

1. The purpose of the home occupa�on permit is to permit a variety of home occupa�ons within the residen�al zones while ensuring that such uses are conducted in such a way as to ensure that no adverse effects will result. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.030 Review bodies and responsibili�es.

All development proposals may be subject to one or more development applica�on processing procedures contained in this chapter. The exact applica�on processing procedures that apply to a specific project will be determined by the City Planner based on project characteris�cs. Table 17.03.030-A outlines the primary types of development applica�ons and review procedures. When more than one (1) applica�on is required for a project, the applica�ons are to be processed concurrently with the final decision body hearing all applica�ons.

Table 17.03.030-A Review Bodies and Responsibili�es
Type of Application Review Body Public Hearing
Process
Regulations
Streamlined
Ministerial
Application
Approved by Community
Development Director
[CITY please
review] None
required
Section 17.03.040
Conditional Use
Permit
Approved by Planning
Commission
Set by
commission per

17.03.130
Section 17.03.060
Temporary Use Permit Approved by Community
Development Director
None required Section 17.03.070
Home Occupation
Permits
Approved by Community
Development Director
None required Section 17.03.080
Adult Use Permit Approved by City Manager Only if permit is revoked or
appealed
Chapter 5.25 Adult
Businesses
Residential Site Plan
Review
Approved by Planning
Commission
None required Section 17.03.090

Site Plan Review –
Improvement Project
Areas
Approved by Planning
Commission
Set by
commission per

17.03.130
Section 17.03.120
Developments within
Flood Zones
Approved by Planning
Commission – Conditional
Use Permit
None required Section 17.03.100
Amendments to
Zoning Regulations
Approved by Planning
Commission and City Council
Two hearings
(one with
Planning
Commission and
one with City
Council) set per

17.03.130
Section 17.03.150
Nonconformities Requires different approvers
depending on action taken to
nonconformity. See

17.03.160.

May be required.

See 17.03.160.

Section 17.03.170
Variances Approved by Planning
Commission
Set by
commission per

17.03.130
Section 17.03.170
Modifications of
Development
Standards
Approved by Community
Development Director
None required Section 17.03.180
ADUs Approved by Community
Development Director
None required Chapter 17.12
Density Bonus Approved by City Council None required Chapter 17.13

17.03.040 Development applica�on: streamlined ministerial approval.

The purpose of this chapter is to authorize an administra�ve permit for infill housing projects, including mixed-use projects, that comply with California Government Code Sec�on 65913.4 or the requirements of this chapter. Nothing in this chapter precludes an applicant from applying for discre�onary site plan and design review. The following sec�on outlines the steps necessary for projects seeking a State of California Ministerial Development Applica�on.

A. Infill housing projects Infill housing projects eligible for streamlined, ministerial approval process under Government Code Sec�on 65913.4.

1. Administra�ve permit. A housing project, including a mixed-use project, will be granted an administra�ve permit if it—
a. Qualifies for streamlined, ministerial approval under California Government Code Sec�on 65913.4.
b. Complies with the city’s objec�ve zoning standards and objec�ve subdivision standards, as defined in California Government Code Sec�on 65913.4 and set forth in this code; and

c. Complies with the city’s objec�ve design review standards, as defined in California Government Code Sec�on 65913.4 and as set forth in the Citywide Infill Housing Design Standards.

B. Conflic�ng laws. In the case of a conflict between the city’s standards set forth in subsec�on A above and the standards set forth in California Government Code Sec�on 65913.4, the provisions of the California Government Code prevail.

C. Deemed approval. If the city does not provide writen no�ce as required by subsec�on C above, the project will be deemed to sa�sfy the requirements specified in subsec�on A above and must be granted an administra�ve permit.

D. The following development projects may apply through the following ministerial applica�on, per Government Code Sec�on 65913.4:

Application Filing
Step 1 Prior to submitting an application for the Streamlined Ministerial Approval Process, The development proponent must submit to the local government a notice of intent to submit an application and the local government must have completed the tribal consultation process outlined in Government Code Section 65913.4(b). The notice of intent shall be in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1. This required document is also listed below under Application Filing Step 5.

Step 2 An application submitted hereunder shall be reviewed by the agency within the timeframes required under Application Timeline below. Applications must contain all materials required by the agency for the proposed project, and it is not a basis to deny the project if either:

A. The application contains sufficient information for a reasonable person to determine whether the development is consistent, compliant, or in conformity with the requisite objective standards.

The application contains all documents and other information required by the local government.

Step 3 On development permit portal, information for all contacts related to this application must be provided. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect).

The Applicant is the person applying for approval. The Applicant must supply their legal name as it will be shown on the permit. It is important that the Applicant carefully and accurately communicate that information. An Authorized Agent may submit this application on behalf of the Applicant. Please add contact information of the authorized agent in such case.

Property Owners may be the Applicants. Property Owners, regardless of status as Applicant or not, must provide the following:

A. Completed and signed "Notice to Property Owner": If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is: CEO, Managing Member, Partner, President, VicePresident

B. Proof of identification, including any of the following: Alien Registration Card, Driver’s Licenses, State Issued ID Card, U.S. Passport
C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a Trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property.

The Licensed Professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well.

Contractors must provide the following:

A. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the City and on-hand at time of permit issuance.

B. Individual pulling permit must have a current Contractor’s Registration License with the City of South El Monte.

C. Proof of current State of California Contractor’s License and classification (pocket card) D. Proof of valid Worker’s Compensation Insurance (for contractors with multiple employees) E. Developments meeting the following conditions must certify that a skilled and trained workforce shall be used to complete the development if the application is approved per Government Code Section 65913.4(a)(8)(B)

1. On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.

Step 4 Applicant must identify the physical address where the proposed work will take place.

By entering the "Street No." below, and clicking the "Search" button, the portal will return a list of addresses to choose from. The portal will automatically return the "Parcel" and "Owner" information that is required once the street information is entered.

Step 5 The following supporting documentation will need to be provided in order for a residential development application to be deemed complete:

A. Notarized letter from the property owner giving the applicant authority to apply for the entitlement
B. Radius map showing all properties within three-hundred feet of the subject property C. (2) Two sets of mailing labels that list all property owners and occupants within three-feet of proposed project (physical copy dropped off or mailed to Planning Department) D. Completed Environmental Information Form - find link to the form below:

E. (https://www.cityofsouthelmonte.org/DocumentCenter/View/2256/EnvironmentalInformationForm-PDF) F. Photographs of the existing site
G. Title Report or Grant Deed
H. Tribal Scoping Consultation per AB 168
I. Evidence that the project is not within the following per Government Code Section 65913.4(a)(6):

1. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

2. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as

modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

3. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

6. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

8. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

9. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), or other adopted natural resource protection plan.

10. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

11. Lands under conservation easement.

12. Additional evidence may be required per Government Code Section 65913.4(a)(7) as related to demolition of housing.

J. Complete set of plans that includes site development plan, floor plans, building elevations

All plans must be consistent with objective design standards as laid forth in Chapter 17.14.

Application Processing
Step 1 Local governments shall make a determination of consistency per timeline spelled out below (see Application Timeline).

Step 2 Documentation of inconsistency(ies) with objective standards must be provided to the development proponent within these timeframes. If the local government fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the objective planning standards and shall be deemed consistent.

Design review or public oversight may be conducted by the local government’s city council, board of supervisors, planning commission, or any equivalent board or commission shall be conducted within the timeline as spelled out within this section.

Although design review may occur in parallel with or as part of the consistency determination, failure to meet subjective design review standards or obtain design review approval from the oversight board shall not in any way inhibit, chill, stall, delay, or preclude a project from being approved for development pursuant to these Guidelines if objective design review standards are met. This means that discussion or consideration of the application shall only relate to design standards. If the local government fails to complete design review within the timeframes provided above, the project is deemed consistent with objective design review standards.

Application Approvals
Step 1 Once the plan check application has been processed by the permit counter, developer will be able to upload plans and supporting documents through the Building Division Plan Submittal Portal at https://gopost-transtech.eplansoftreview.com/#/login?portal=selmonte Step-by-step instructions on how to submit through the portal are available here:
https://www.dropbox.com/s/le0t01287lq9gfp/Step-By-Step%20lnstructions.pdf?dl=O Step 2 Local government must determine if an application for a Streamlined Ministerial Approval complies with requirements and approve or deny the application per timeline spelled out in this section.

Step 3 Modifications to the development subsequent to the approval of the ministerial review, but prior to issuance of a final building permit, shall be granted in the following circumstances:

A. For modification initiated by the development proponent.

1. Following approval of an application under the Streamlined Ministerial Approval Review Process, but prior to issuance of the final building permit required for construction of the development, an applicant may submit a written request to modify the development. A list of approved modifications can be found in the HCD’s Updated Streamlined Ministerial Approval Process guidelines.

2. Upon receipt of the request, the local agency shall determine if the requested modification is consistent with the local agency’s objective standards in effect when the original application for the development was submitted. The local agency shall not reconsider consistency with objective planning standards that are not affected by

the proposed modification. Approval of the modification request must be completed within 60 days of submittal of the modification or 90 days if design review is required.

A proposed modification shall not cause the original approval to terminate.

3. The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.

B. For modification initiated by the local agency.

1. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, a local agency may require one-time changes to the development that are necessary to comply with the objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, or to mitigate a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A “specific, adverse impact” has the meaning defined in Government Code Section 65589.5(d)(2). Any local standard adopted after submission of a development application, including locally adopted construction codes, shall not be considered an "objective zoning standard," “objective subdivision standard," or "objective design review standard" that is applicable to a development application.

2. A determination that a change is required is a ministerial action. If a revised application is required to address these modifications, the application shall be reviewed as a ministerial approval within 60 days of re-submittal of the application.

Step 4 If a local government approves a development under the Streamlined Ministerial Approval Process, notwithstanding any other law, the following expiration of approval timeframes apply:

A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.

B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance) beyond tax credits, and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:

1. The construction has begun and has not ceased for more than 180 days.

2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

C. The development may receive a one-time, one-year extension if the project proponent provides documentation that there has been significant progress towards getting the development construction ready, such as filing a building permit application. The local

government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.

Step 5 A local government shall issue subsequent permits as defined in Section 102(aa) required for a development approved under the Streamlined Ministerial Approval Process if the application for those permits substantially complies with the development as it was approved. Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection “unreasonable delay” means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

Application Timeline
Preapplication SB 35 Ministerial Housing Notice of Intent due prior to submitting application
30 days after receipt of
formal notice pursuant to
the provisions of AB 168/SB
35 Timeline in which California Native American must accept the invitation to engage in a scoping consultation. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response. 60 days after submittal of
application
Determination of consistency made for developments that contain 150 or fewer units
Within 90 days after
submittal of application
Design review or public oversight may be conducted by local government’s city council, board of supervisors, planning commission or any equivalent board or commission for developments that contain 150 or fewer units
90 days after submittal of
application
Determination of consistency made for developments that contain more than 150 units
Within 180 days after
submittal of application
Design review or public oversight may be conducted by local government’s city council, board of supervisors, planning commission or any equivalent board or commission for developments that contain more than 150 units
Expiration of permit A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.

B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance) beyond tax credits, and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project

provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:

1. The construction has begun and has not ceased for more than 180 days.

2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

C. The development may receive a one-time, one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. The local government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.

17.03.050 Development applica�on process.

Application Filing
Step 1 On the development permit portal, information for all contacts related to this application must be provided. The Applicant is the person applying for approval. The Applicant must supply their legal name as it will be shown on the permit. It is important that the Applicant carefully and accurately communicate that information. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect). An Authorized Agent may submit this application on behalf of the Applicant. Please add contact information of the authorized agent in such case.

Property Owners may be the Applicants. Property Owners, regardless of status as Applicant or not, must provide the following:

A. Completed and signed "Notice to Property Owner": For condominiums and townhouses, if the project is in the common area or exterior of a condominium building, a letter of authorization signed by the Homeowners Association (HOA) president is required along with documentation (e.g., HOA minutes) verifying the authenticity of the president’s position with the HOA. Alternatively, authorization from all condominium owners may be considered. If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is CEO, Managing Member, Partner, President, Vice-President
B. Proof of identification, including any of the following: Alien Registration Card, Driver’s Licenses, State Issued ID Card, U.S. Passport
C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a Trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property.

The Licensed Professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well.

Contractors must provide the following:

D. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the City and on-hand at time of permit issuance.

E. Individual pulling permit must have a current Contractor’s Registration License with the City of South El Monte.

F. Proof of current State of California Contractor’s License and classification (pocket card) G. Proof of valid Worker’s Compensation Insurance (for contractors with multiple employees) Step 2 Applicant must identify the physical address where the proposed work will take place. By entering the "Street No." below, and clicking the "Search" button, the portal will return a list of addresses to choose from. The portal will automatically return the "Parcel" and "Owner" information that is required once the street information is entered.

Step 3 The following supporting documentation will need to be provided in order for a residential development application to be deemed complete:

A. Notarized letter from the property owner giving the applicant authority to apply for the entitlement
B. Complete set of plans that includes site development plan, floor plans, building elevations C. Radius map showing all properties within three-hundredfeet of the subject property D. (2) Two sets of mailing labels that list all property owners and occupants within threehundredfeet of proposed project (physical copy dropped off or mailed to Planning Department)
E. Completed Environmental Information Form - find link to the form below:

F. (https://www.cityofsouthelmonte.org/DocumentCenter/View/2256/EnvironmentalInformationForm-PDF) G. Photographs of the existing site
H. Title Report or Grant Deed
The following supporting document will need to be provided in addition to the above list if the development will involve a Conditional Use Permit:

I. Conceptual landscape plan including all plant material existing and proposed for the site J. Colored elevations or renderings
K. Color and materials sample sheet
L. Sign program
The following supporting document will need to be provided in addition to the above list if the development will involve a Conditional Use Permit:

M. Tentative map of proposed subdivision
Application Processing
Step 1 Once the plan check application has been processed by the permit counter, developer will be able to upload plans and supporting documents through the Building Division Plan Submittal Portal at https://gopost-transtech.eplansoftreview.com/#/login?portal=selmonte

Step-by-step instructions on how to submit through the portal are available here:
https://www.dropbox.com/s/le0t01287lq9gfp/Step-By-Step%20lnstructions.pdf?dl=O Application Timelines
Issuance of
Building
Permit
Issuance of a building permit is contingent on the complexity of a project. Some projects may obtain permits over the counter while other projects will be routed to the City’s designated plan-check consultant. On average, first review of plans will take two to three weeks. The City will contact and coordinate with an applicant or representative on the availability of plans following the initial plan check process. It is then the responsibility of the applicant or designee to address all corrections prior to resubmitting for re-check with the City which will take an additional two to three weeks, after resubmittal. Please note, these timelines may be expanded or shortened depending on the complexity of a project.

Permit PreApprovalOnce a set of plans are approved, a building permit is issued to allow for construction.

Construction activity generally must be completed within 180 days from the issuance of the permit. The City may also engage the services of pre-approved outside inspectors for certain types of construction projects.

After
Project
Completion
At the conclusion of all construction activities, including inspections, a permit will be closed or finalized. After the final inspection, the permit and plans are archived by the City and may be viewed over the counter.
180 days
after date
of plan
submittal
check
The length that a plan check application submitted to the Building and Safety Division is good for. An extension maybe granted by submitting a written request with detailed explanation with the reason for the extension prior to the expiration date of the plan check.

Up to 12
months
after date
of plan
submittal
check
The length that a plan/building permit can remain active so long as the work authorized by the permit was commenced within 12 months, and the work is not abandoned (effective January 1, 2019, per Assembly Bill (AB) 2913). In addition, the building official may grant one or more extensions of time for periods of not more than 180 days per extension. A permittee requesting such extensions must make the request in writing and demonstrate justifiable cause for the extension.

17.03.060 Condi�onal use permits.

Application Filing
Step 1 A conditional use permit shall be required for any use within a zone district which is designated as a conditional use by the district regulations or for such other uses which, by their scope, scale, or nature, would not specifically be permitted uses within any designated zone district, but which would be recognized as uses that would be beneficial to the community as a whole. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) When it is determined that a conditional use permit is required, application shall be made upon forms prescribed by the commission and shall be accompanied by such exhibits, maps or documents deemed necessary to provide the commission with complete information regarding the request. At the time the application is submitted, a fee, established by written resolution of the city council, shall be paid.

No part of the required fee shall be refundable unless the application is withdrawn prior to the publication of the notice of public hearing. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) Application Processing
Step 1 Upon receipt of the required application and fee, the commission shall set a hearing date which shall be advertised as provided in Chapter 17.03.130 of these regulations. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Approvals
Step 1 The commission may grant, conditionally grant, or deny a conditional use permit based on the required findings, on evidence presented by the staff report, the public hearing, or upon its own study and knowledge of the situation. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) The commission shall find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity nor to the city in general. If it fails to make these findings, the request shall be denied. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) Any decision on a proposed zoning amendment shall be consistent with the portions of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relating to siting of and siting criteria for hazardous waste facilities. (Ord. 963 §39, 1995; Ord. 888-U §2, 1990; Ord. 887 §2, 1990)
Step 2 The commission may attach such reasonable conditions of approval as it deems are necessary to ensure that the proposed use will be compatible with the surrounding area and with the goals of the city. Such conditions may include, but are not limited to, setbacks, building height, parking, landscaping, and architecture. All conditions shall be binding upon the applicants, their successors and assigns and shall run with the land; shall limit and control the issuance and validity of certificate of occupancy, and shall restrict and limit the construction, location, use and maintenance of all land and structures within the parcel, lot or development. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Step 3 Should any violation of conditions of approval occur, the planning commission may after appropriate public notice, reopen the public hearing on the conditional use permit and may impose additional conditions to rectify any violations or may, if such is shown to be warranted, revoke the conditional use permit for cause. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Timelines
10 days after commission
decision
Applicant notified in writing of commission’s decision to grant or deny the conditional use permit. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) 14 days following
commission’s approval of
conditional use permit
Conditional use permit shall become effective. The applicant or any other person aggrieved by the commission’s decision may appeal to the city council in accordance with Chapter 17.03.130 of these regulations. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

24 months after effective
date if the conditional permit
has not been utilized
Permit shall be deemed null and void. If the conditional use permit is not utilized within the twenty-four-month timeframe, the applicant may apply for an extension before the expiration of the permit on a form approved by the community development director. (Ord. 1237 §6, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
3 consecutive months or 6
months during the calendar
year of abandonment or nonuse of a permit
Termination of conditional use permit.

17.03.070 Temporary use permits.

Application Filing
Step 1 The property owner or the owner’s authorized representative shall file an application for a temporary use permit with the planning division. The application form shall be filed along with any data and information deemed necessary to evaluate and process the application as may be required by the community development director.

For indoor events, the applicant shall provide a site plan, and floor plan showing all entrances and exits of the proposed facility to be used for the event. The applicant shall provide a security plan to ensure the safety of the people attending the event.

Application Processing
Step 1 The community development director has the authority to approve, conditionally approve or to deny such request.

Application Approvals
Step 1 The application shall not be approved as submitted or in modified form unless the community development director makes the following findings:

A. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of the Zoning Ordinance.

B. Approval of the application will be compatible with, and not detrimental to uses, property or improvements in the surrounding area.

C. Approval of the application will not be detrimental to the public health, safety or general welfare.

D. The proposed temporary use complies with the various provisions of this chapter.

E. All building, electric, plumbing, fire, encroachment or other permits required by city ordinances shall be obtained.

The community development director may establish conditions and limitations to minimize detrimental effects on surrounding properties, including, but not limited to, hours of operation, provision on parking, signing, lighting, and traffic circulation access. The community development director also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the city in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or re-conversion of any temporary use to a permanent use allowed in the subject zoning district.

Step 2 The site plan and floor plan for the proposed facility will be reviewed and approved by the fire department, and the security plan shall be reviewed and approved by the sheriff’s department prior to the event.

Step 3 The applicant or any interested party may appeal the decision of the community development director to the planning commission in writing. The decision of the planning commission shall be final
Application Timelines
30 days prior to the date
the proposed use takes
place
File an application for a temporary use permit for circus carnivals, fairs or similar amusement enterprises.
21 days prior to the
proposed indoor event
Submit a floor plan showing all entrances and exits of the proposed facility to be used for the event and a security plan to ensure the safety of the people attending the event
10 days prior to the date
the proposed use takes
place
File an application for a temporary use permit.

Within 10 days of the
decision from the
community development
director
Appeal the decision of the community development director.

A. Unless otherwise indicated in this Chapter, the provisions of this chapter do not apply to the following: fireworks stands; garage and yard sales; outdoor storage and opera�on; outdoor markets; swap meets; or public dances. Regula�ons pertaining to the following uses can be found in the following por�ons of this Code:

1. Fireworks Stands: Chapter 8.08.

2. Garage and Yard Sales: Chapter 5.10.

3. Outdoor Storage and Opera�ons: Chapter 17.06

4. Outdoor Markets: Sec�on 17.09.020.

5. Public Dances: Chapter 9.40. (Ord. 1143 §1, 2011)

17.03.080 Home occupa�on permits.

Application Filing
Step 1 Any individual desiring to conduct a home occupation shall submit a request for home occupation permit to the director of community development on forms prescribed by the planning commission.

Step 2 Any individual desiring to conduct a home occupation shall submit as part of their request for home occupation permit a fee as established by resolution of the city council.

Application Processing

Step 1 The director of community development shall review the application.

Application Approvals
Step 1 The director of community development shall approve the application if it meets the criteria of approval.

Step 2 The applicant shall execute an affidavit at the time of approval agreeing to the following conditions:

A. There shall be no employment of help other than members of the resident family; B. The use shall not generate vehicular or pedestrian traffic not normally associated with residential uses;
C. No sale or exchange of merchandise shall take place on the premises; D. No accessory building or yard space use or activity outside of the dwelling unit shall be permitted in connection with the home occupation;
E. No use of commercial vehicles for delivery of goods or materials to or from the premises shall be permitted;
F. No signs or other advertising shall be permitted on the premises; G. The exterior appearance of the building or of the premises shall not be altered in any manner which changes its residential character;
H. In connection with the parking of limousines or vans used in connection with transporting persons for hire, said vehicles will be parked or kept only in an enclosed garage or on a paved driveway leading to a garage. No person may perform maintenance services on such a vehicle located in the residential zone other than washing, waxing, checking and adding (but not changing) oil, cleaning windows and windshields, or replacing damaged tires
The applicant shall be required to execute this affidavit annually, during the month of June.

Failure to comply shall result in the termination of the home occupation permit.

A. The home occupa�on permit may be terminated for any of the following reasons:

1. Viola�ons of any of the condi�ons as spelled out in this Sec�on (17.03.080).

2. Failure to execute the annual affidavit; or

3. If the permitee vacates the premises or ceases the home occupa�on for a period of ninety days.

B. If the home occupa�on permit is terminated for any of the reasons cited in Sec�on 17.03.040(D)(a), and the permitee feels that the decision to terminate was incorrect, he or she may appeal the ac�on to the planning commission in wri�ng, outlining the reasons that he or she feels that the ac�on of the director of community development was incorrect or arbitrary and including any extenua�ng circumstances he or she feels are appropriate. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.090 Plans required and site plan review (Residen�al Zones ONLY).

A site plan shall be submited to the planning commission/community development department for all uses permited by Sec�ons 17.05.020. The site plan shall be submited in sufficient detail to assure compliance with the intent and purpose of this part. The site plan shall include, but not be limited to, loca�on and design of buildings and other structures, off-street parking, circula�on, landscaping,

loca�on of refuse enclosures and loca�on and design of recrea�on areas. Included with the site plan shall be colored renderings of the eleva�ons of the proposed buildings and examples of materials to be used on the exterior of the structures. The applicant for site plan review by the planning commission shall submit such applica�on on forms prescribed by the planning commission and shall be accompanied by such fees as prescribed by writen resolu�on of the city council. For other uses permited by Sec�on

17.05.020, plans shall be submited to the department of planning and community development for review to ensure compliance with the Zoning Code and with the intent and purpose of these regula�ons. (Ord. 822 §1, 1989)

17.03.100 Developments within flood hazard areas.

A. Designa�on of flood hazard area: The city council of the city shall have the authority to designate areas within the city when flood hazard informa�on in the form of flood hazard boundary maps are provided by the federal or state government. (Ord. 822 §1, 1989) B. Permit – Required: No person, firm or corpora�on shall erect, construct, enlarge, or improve any building or structure located within the areas designated as Zone A on the official flood hazard boundary map without first obtaining a condi�onal use permit from the planning commission. (Ord. 822 §1, 1989)
C. Permit – Applica�on: To request a condi�onal use permit required by Sec�on 17.03.100(B), the applicant shall first file an applica�on in wri�ng on forms provided for that purpose. Such forms shall be accompanied by twelve copies of a plot plan, drawn to a scale of not less than one foot equals twenty feet, and by a fee as established by writen resolu�on of the city council. Every applica�on shall:
a. Iden�fy and describe the work to be covered by the permit for which the applica�on is made; b. Describe the land on which the proposed work is to be done by lot, block, tract and street address or similar descrip�on that will readily iden�fy and definitely locate the proposed project; c. Indicate the use or occupancy for which the proposed work is intended; d. Be accompanied by plans and specifica�ons for the proposed construc�on; e. Be signed by the permitee or authorized agent who may be required to submit evidence to indicate such authority;
f. Within designated flood prone areas, be accompanied by eleva�ons (in rela�on to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresiden�al structures, the eleva�on to which it has been floodproofed. Documenta�on or cer�fica�on of such eleva�ons will be maintained by the community development department; g. Provide such other informa�on as reasonably may be required by the planning commission. (Ord. 822 §1, 1989)
D. Condi�onal use permit – Review: The planning commission shall review all condi�onal use permit applica�ons to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. In reviewing

applica�ons for new construc�on, substan�al improvements, prefabricated buildings, placement of mobile homes and other developments the commission shall:
a. Obtain review and reasonably u�lize, if available, any regulatory flood eleva�on data from federal, state or other sources, un�l such data is provided by the Federal Flood Insurance Administra�on in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met:
i. The first floor eleva�on (to include basement) of new residen�al structures, to be elevated to or above the regulatory flood eleva�on.
ii. The first floor eleva�on (to include basement of nonresiden�al structures) to be elevated or floodproofed to or above the regulatory flood eleva�on. b. Require the use of construc�on materials and u�lity equipment that are resistant to flood damage.
c. Require the use of construc�on methods and prac�ces that will minimize flood damage. d. Be designated or anchored to prevent flota�on, collapse, or lateral movement of the structures or por�ons of the structure due to flooding.
e. Assure that in regard to mobile homes, specific anchoring requirements are:
i. Over-the-top �es to be provided at each of the four corners of the mobile home with two addi�onal �es per side at the intermediate loca�ons and mobile homes less than fi�y feet long requiring one addi�onal �e per side.
ii. Frame �es to be provided at each corner of the home with five addi�onal �es per side at intermediate points and mobile homes less than fi�y feet long requiring four addi�onal �es per side.
iii. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.
iv. Any addi�ons to mobile homes to be similarly anchored. (Ord. 822 §1, 1989) E. Review of tenta�ve subdivision map:
a. The planning commission shall review all tenta�ve subdivision maps and shall make findings of fact and assure that:
i. All such proposed developments are consistent with the need to minimize flood damage; ii. Subdivision proposals and other proposed new developments greater than five acres or fi�y lots, whichever is lesser, include within such proposals regulatory flood eleva�on data in areas designated Zone A;
iii. Adequate drainage is provided so as to reduce exposure to flood hazards; iv. All public u�li�es and facili�es are located so as to minimize or eliminate flood damage. (Ord. 822 §1, 1989)

F. New water and sewers: New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltra�on by or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamina�on during flooding. (Ord. 822 §1, 1989) G. Flood-carrying capacity: The planning commission shall ensure that the flood-carrying capacity within the altered or relocated por�on of any watercourse is maintained. The city will no�fy, in riverine situa�ons, adjacent communi�es and the State Coordina�ng Office prior to any altera�on or reloca�on of a watercourse, and submit copies of such no�fica�ons to the Administrator. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the Na�onal Flood Insurance Program in accordance with the Na�onal Flood Disaster Protec�on Act of 1973. (Ord. 822 §1, 1989)
Applicability: This chapter shall take precedence over conflic�ng ordinances or parts of ordinances. The city council may, from �me to �me, amend the ordinance codified in this chapter to reflect any and all changes in the Na�onal Flood Disaster Protec�on Act of 1973. The regula�ons of this chapter are in compliance with the Na�onal Flood Insurance Program Regula�ons as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976. (Ord. 822 §1, 1989)

17.03.110 Final review and cer�fica�on of plans.

A building permit may not be issued unless and un�l the director of planning and community development, or his or her representa�ve, cer�fies on such site plan that it complies with the condi�ons imposed by the planning commission and that it is consistent with the intent of each residen�al zone (R1, R-2 and R-3). (Ord. 822 §1, 1989)

17.03.120 Improvement project areas – site plan review.

Application Filing
Step 1 Application shall be submitted to the director of community development, or designee, on forms prescribed by the city and accompanied by the required fees established by the city council. Prior to the accepting the application, the director or designee, may require that one or more meetings be held with the project proponent and/or representatives.

The application shall be accompanied by a site plan of the entire property on which any development is proposed. The site plan shall show the size and location of each existing and proposed structure as well as the size and location of any existing structures to be removed or relocated. The site plan shall also show all off-street parking, vehicular traffic and pedestrian circulation, landscaping, refuse enclosures, mechanical equipment, easements, drainage structures (existing and proposed) and other information deemed necessary by the director of community development, or designee, or by the planning commission.

The application shall also be accompanied by elevation drawings of each proposed new structure and any existing structure proposed to remain on the site. The elevation drawings shall also show any other information deemed necessary by the director of community development, or designee, or by the planning commission. One copy of the elevation plans shall show the proposed colors and finish material for all proposed new structures and those structures which are proposed to remain. (Ord. 1020 §2, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)

Application Processing
Conditions of
New
Improvements
The planning commission shall consider the development proposal only at a public hearing pursuant to the provisions of Chapter 17.03.130. (Ord. 1020 §4, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991). After considering all the evidence presented at a public hearing, the planning commission shall render its decision(s) by a written resolution. In reaching any decision the planning commission shall consider the following criteria;
A. Compatibility with the city’s General Plan, the improvement plan for the area, and the surrounding uses, both existing and planned;
B. Compatibility of architecture and design with existing and anticipated development in the vicinity, and/or with adopted design guidelines including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open space, and other features relative to harmonious and attractive development of the area.

C. The planning commission shall approve, approve with conditions, or disapprove the application. In all cases appropriate findings shall be made for any decision.

D. Any person aggrieved by a decision of the planning commission may appeal that decision to the city council pursuant to the provisions of Section 17.03.130 of this Code.

Subsequent to any decision of the planning commission taken pursuant to this chapter, the city council, or any member(s) of the city council, may, within fourteen calendar days from the effective date of that decision, call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Chapter 17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission. (Ord. 1020 §5, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Existing
Improvements
Exemption of existing improvements: approval under this chapter shall not result in requirements to alter or improve any existing improvements, unless:

A. Such existing improvements are to be altered in connection with, or are directly affected by, the proposed construction, grading or remodeling; or B. The value of the proposed construction, alteration, remodeling or other improvements being made exceeds fifty percent of the value of existing improvements. (Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Application Approvals
Step 1 –
Condition for
Approval
A site plan and architectural review, in addition to any other permits and entitlements to use, shall be required for any use, or development of, property located within an improvement project area in the city which involves any of the following:

A. Any new building with a gross floor area of five thousand square feet, or any addition to an existing building or structure which equals or exceeds fifty percent of the gross square footage of the existing building or structure.

B. Any use of the property or structure(s) which would be substantially different from the existing use of the property or structure(s), or in the case of vacant property or structure(s), any use which would be substantially different than the most recent previous use of the property or structure(s).

Step 2 – Subsequent to planning commission approval and before final inspection and approval or release of utility service(s) by the city building official, or designee, the department

Approval
Compliance
of community development shall inspect the site for compliance with the approved plan and conditions of approval, if any. Any deficiencies which are not corrected to the satisfaction of the director of community development shall be noted in writing. The property owner and city building official shall be provided copies of the written notice of noncompliance and final approval and release of utility service(s) shall not be given.

If the property owner or his or her representative believes the director is incorrect in the finding of noncompliance, the property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.

Step 3 –
Subsequent
modifications
Subsequent modifications, additions, or deletions to the approved plans or conditions may be considered by the planning commission upon the filing of an application by the owner (or authorized representative) of the subject. Planning commission shall make a determination regarding the requested modifications.

A public hearing on the proposed modification(s) shall not be required unless the planning commission determines that the proposed modification extends beyond the intent of the original approval. (Ord. 1020 §7, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Step 4 –
Extension
Upon application filed with the department of community development not less than sixty days prior to the date upon which an approval will expire pursuant to subsection A of this section, the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public.

Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter. (Ord. 1020 §8, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991) Step 5 –
Expiration
Expiration of site plan approval: site plan approval shall become automatically null and void, unless otherwise provided in this chapter or unless extended as provided in subsection B of this section, if any of the following occurs:

A. Failure to Commence Construction. A construction permit, if required for work authorized in the approved site plan, is not obtained from the building official within one year from the date of approval by the improvement district board. Work authorized by the construction permit shall commence within one hundred eighty days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty days or more;
B. Condition of Permit Approval. Circumstances which terminate the permit pursuant to any termination provisions included as a condition of the site plan approval; C. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions which automatically permits the development. Each nonconformity, if any, existing at the time of expiration of the site plan approval shall be brought into conformance pursuant to Section 17.03.

D. Ineligible Use. Upon a change of zone or of ordinance provisions which provides that the use is no longer eligible for site plan approval. Termination of such use and each nonconformity thereof shall be in accordance with this Chapter.

E. If none of the above circumstances transpires, the site plan approval shall remain in effect indefinitely.

Application Timelines
14 calendar days from
effective date of decision
of planning commission
Timeline in which city council, or any member(s) of the city council, may call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Section

17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission. 14 days of the final decision
on application approval of
the director of community
development
Timeline in which property owner or his or her representative may appeal what is believed to be an incorrect in the finding of noncompliance. The property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.
60 days prior to the date of
approval
Timeline in which the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public.
180 days from date of
issuance of permit
Timeline in which work authorized by the construction permit shall commence. Such work shall not be suspended or abandoned at any time after commencement.

Up to 1 year Timeline for extensions of unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter.

17.03.130 Public hearings – procedure and conduct.

Timelines
10-60 days after filing of
application requiring a
public hearing
Timeline in which a public hearing must be set. When an application requiring a public hearing has been filed, the matter shall be set for public hearing before the planning commission.
10 days prior to date of
hearing
Notice of a scheduled public hearing shall be prepared not less than ten days prior to the date set for the hearing. As a minimum the notice shall include:

The matter under consideration;
The date, time, place and body before which the hearing will be held; An invitation to proponents and opponents to give testimony on the matter under consideration.
10 days prior to date of
hearing
Except for text amendments, a copy of the notice of public hearing shall be sent to all owners of property located within a radius of three hundred feet of the exterior boundaries of the property to which the public hearing applies. The list of property owners shall be taken from the latest assessment roll of Los Angeles County. This notice shall be mailed not later than ten days prior to the date of the public hearing.

No later than 10 days after
date of decision
A. Timeline in which any person may appeal any decision of the planning commission to the city council by filing a written appeal with the city clerk; provided, however, that if City Hall is not open for business on

the tenth day of the appeal period, the appeal period is extended to include the next business day.

B. Timeline in which any two members of the city council may call any decision of the commission for review by the city council by filing a written review request with the city clerk. The request shall state:
"The request for review has been filed because the subject matter of the decision pertains to a matter of city-wide importance that should be considered by the city’s elected officials."
C. The appeal or review request stays the effectiveness of the decision until the matter is resolved. (Ord. 1048 §1, 2003: Ord. 963 §§39, 41, 1995; Ord. 822 §1, 1989)
City
council
appeal
process
Within 40 days
after written
appeal is filed
Timeline in which an appeal from or a council review of a planning commission decision shall be scheduled for a de novo public hearing.

At least 10 days
prior to hearing
Timeline in which the city shall provide written notice to the applicant, appellant and all persons who addressed the planning commission on the matter. After the public hearing, the city council may: affirm, reverse or modify the commission’s decision; remand the matter to the commission; or continue the matter. The council’s authority to modify the commission’s decision includes, but is not limited to, imposing additional conditions. The council’s decision shall be final and may be rendered by resolution or minute order unless state law requires a resolution.

Within 40 days
of public
hearing
Timeline in which the commission’s decision shall be reinstated when the council is unable to reach a decision for any reason, including a tie vote or series of tie votes, notwithstanding any other provision in this Code. In such case, the effective date of the decision shall be the fortieth day after the close of the public hearing, and the Commission’s decision shall be final.

A. Conduct of the public hearing: All public hearings shall be conducted in accordance with the rules and procedures established by the city council or planning commission for such hearings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Announcement of commission decision: All decisions of the commission in maters requiring a public hearing shall be announced by writen resolu�on adopted by a majority of the members of the commission present. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Required informa�on – appeal: The writen appeal, filed with the city clerk, must indicate in what way the appellant feels the planning commission’s decision was incorrect or must provide extenua�ng circumstances which the appellant feels would jus�fy reversal or modifica�on of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.140 Historic preserva�on.

A. Title and Purpose: The provisions of this chapter shall be known as the “Historic and Aesthe�c Resources Management Ordinance” of the city or by the short �tle of the “Historical Ordinance.” (Ord. 963 §39, 1995; Ord. 822 §1, 1989) It is the purpose of this chapter to provide special condi�ons

and regula�ons for the protec�on, enhancement, perpetua�on and use of places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthe�c interest or value, within the meaning of California Government Code Sec�on 37361. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Cultural resources management commission

1. There is established in the city a cultural resources management commission (“commission”) empowered to designate, oversee, protect and manage the landmarks and historical districts of the city.

2. The planning commission is designated to sit as the commission and is empowered with all power and authority to perform all of the du�es hereina�er enumerated and provided with respect to landmarks and historical districts.

3. The commission shall, when necessary, consider the opinions of professionals in the field of cultural resources and historic preserva�on, published documents, newspaper accounts, and environmental documents rela�ng to the resource under considera�on, as well as the member of preserva�on related organiza�ons such as historical socie�es, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, atorneys, and urban planners. Also to be considered are the interests, opinions and views of the affected property owners and residents in delibera�ons concerning cultural resources of the city.

4. The term of the members of the commission shall run concurrently with their respec�ve terms as appointed members of the planning commission.

5. The commission shall adopt its own policies, procedures, opera�ng rules, and bylaws, subject to approval by the city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Commission powers and du�es: The powers and du�es of the commission are as follows:

1. Prepare or cause to be prepared a comprehensive inventory of poten�al landmarks and historical districts within the city;

2. Recommend to city council designa�on of specific sites as landmarks and historical districts within the city;

3. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning programs undertaken by any agency of the city, the county, or state, as they relate to the cultural resources of the community;

4. Review applica�on for permits to construct, change alter, modify, remodel, remove, or significantly affect any landmark or historical district;

5. Review and comment upon all applica�ons for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents as they affect landmarks or historical districts;

6. Approve or disapprove, in whole or in part, applica�ons for permits pursuant to Sec�on

17.03.140 F.;

7. Make recommenda�ons to the council concerning the acquisi�on of development right, façade easements, and the imposi�on of other restric�ons and the nego�a�on of historical property contracts for the purpose of historic preserva�on;

8. Recommend acceptance of dedica�ons of private property for purposes of public areas, maintenance, landmark designa�on, historic easements, or any other easement or dedica�on, pursuant to preserva�on and maintenance of the city’s cultural resources;

9. Increase public awareness of the value of historic, architectural and cultural preserva�on by developing and par�cipa�ng in public informa�on programs and by recommending the update of the preserva�on program;

10. Make recommenda�ons to the council concerning the u�liza�on of grants from federal and state agencies, private groups and individuals and the u�liza�on of budgetary appropria�ons to promote the preserva�on of historic or architecturally significant structures in the city;

11. Evaluate and comment upon decisions by other public agencies affec�ng the physical development and land use paterns in designated sites and areas;

12. Cooperate with local, county, state and federal governments in the pursuit of the objec�ves of historic preserva�on;

13. Keep minutes and records of all mee�ngs and proceedings including vo�ng records, atendance, resolu�ons, findings, determina�ons and decisions. All such material shall be public records;

14. Render advice and guidance, upon the request of the property owner or occupant, on the restora�on, altera�on, decora�on, landscaping or maintenance of any landmark or historic district, or neighboring property within public view;

15. Par�cipate in, promote, and conduct public informa�on, educa�onal, and interpre�ve programs pertaining to cultural resources;

16. Perform any other func�ons that may be designated by resolu�on or mo�on of the city council;

17. To perform all func�ons, powers and authori�es to achieve the goals and purpose stated in Sec�on 17.03.140 A. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) D. Design criteria: For the purpose of this chapter, an improvement may be designated a landmark by the city council, and any area within the city may be designated an historic district by the city as hereina�er provided if it meets the following criteria:

1. It exemplifies or reflects special elements of the city’s cultural, social, economic, poli�cal, aesthe�c, engineering, or architectural history; or

2. It is iden�fied with persons or events significant in local, state, or na�onal history; or

3. It embodies dis�nc�ve aesthe�c characteris�cs of a style, type, period, or method of construc�on, or is a valuable aesthe�c example of the use of indigenous materials or cra�smanship; or

4. It is representa�ve of the notable aesthe�c work of a builder, designer or architect. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Designa�on procedures: Landmarks and historic districts shall be designated by the city council in the following manner:

1. Any person may request the designa�on of a landmark or the designa�on of an historic district by submi�ng an applica�on for such designa�on to the commission. The commission or city council may also ini�ate such proceedings on their own mo�on.

2. The commission shall conduct a study of the proposed designa�on and make a preliminary determina�on based on such documenta�on as it may require, as to its appropriateness for considera�on. If the commission determines that the applica�on merits considera�on, but only if it so determines, it shall schedule a public hearing with due speed and so no�fy the applicant (if any) in wri�ng.

3. No building, altera�on, demoli�on or removal permits for any improvement, building or structure within the proposed historic district or rela�ve to a proposed landmark shall be issued while the public hearing or any appeal related thereto is pending.

4. In the case of a proposed landmark, no�ce of the date, place, �me and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the landmark at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adver�sed once in a newspaper of general circula�on.

5. In the case of a proposed historic district, no�ce of the date, place, �me and purpose of the hearing shall be given by first class mail to the applicant, owners and occupants of all proper�es within the proposed district at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adver�sed once in a newspaper of general circula�on.

6. At the conclusion of the public hearing, but in no event later than thirty days from the date set for the ini�al public hearing for the designa�on of a proposed landmark or historic district, the commission shall recommend to the city council approval in whole or in part, or disapproval in whole or in part of the applica�on in wri�ng.

7. The city council, within thirty days of receipt of the recommenda�ons from the commission, shall by resolu�on approve or condi�onally approve the applica�on in whole or in part, or shall by mo�on disapprove it in its en�rety.

8. Failure to send any no�ce by mail to any property owner where the address of such owner is not a mater of public record shall not invalidate any proceedings in connec�on with the proposed designa�on. The commission and council may also give such other no�ce as they may deem desirable and prac�cable.

9. Any determina�on of the commission pursuant to this chapter shall be subject to appeal to the city council pursuant to the provisions of Sec�ons 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

F. Permits
Application Filing and Required Documents
Step 1 Prior to the submission of an application for a building or other permit involving any designated or potential cultural or historic district under consideration by the commission or the council, the proposal must first be reviewed and cleared by the planning division to ensure compliance with this chapter and with other provisions of this title.

It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any landmark, or any portion thereof, which has been designated as a landmark pursuant to the provisions of this chapter, or which lies within a designated historic district, or to alter in any manner any exterior architectural feature within an historic district, or to place, erect, alter or relocate any sign within an historic district or on a landmark, without first obtaining written approval to do so in the manner provided in this chapter, nor shall the building official grant any permit to carry out such work on a designated landmark or within an historic district, without the prior written approval of the commission.

While a potential landmark or historic district is under consideration by either the commission of the city council, the building official shall not grant or issue any permit that would tear down, demolish, construct, alter, remove or relocate any such potential landmark or historic district, or portion thereof.

The commission staff shall be responsible for informing the building official of nomination procedures of potential landmarks or historic districts, in the most expedient manner. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Step 2 Such applications shall be accompanied by such materials as are required by the commission and are reasonably necessary for the proper review of the proposed project.

Such materials may include, but are not limited to, front, side and rear elevations, exterior drawings, a site plan, materials samples, photographs, historical data, illustrations of proposed grading or drainage, landscaping plans, and line drawings of adjacent properties (especially where the height of an existing improvement will be altered or in the case of new construction).

If no other city permit is required to pursue work on a landmark or historic district designated or under current consideration, whoever is responsible for the work, whether it is the tenant, resident or property owner, shall apply for approval to the commission staff directly.

Step 3 The building official shall report any application for a permit to work on a designated or potential (under current consideration) landmark or historic district for which clearance has not been granted by the city to the commission staff directly. No application for any permit shall be accepted until and unless clearance has been given the staff.

Step 4 An environmental impact report (EIR) or negative declaration shall be required in conformance with the provisions of the California Environmental Quality Act (CEQA), with respect to demolition or alteration of any potential landmark or historic district. The findings of the environmental document shall be considered in the issuance or denial of permits. Should the commission or city council hold in opposition to the findings of the environmental document, a written statement of overriding concern shall be made by the

issuing body. All costs for production of the environmental documents shall be borne by the applicant.

Application Processing
Step 1 The commission shall complete its review and make a decision within thirty days of the date of receipt of the application. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions, interim or final, shall be made at regular meetings of the commission. The commission’s decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision.

Step 2 In review of permits sought in order to wholly or partially remove or demolish a landmark or historic district the commission may approve or disapprove the issuance of the permit or permits. A commission decision may be appealed by any person or persons directly to the city council, and the applicant and the appellant shall be given a reasonable opportunity to be heard by the council in support of or in opposition to the appeal. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Approval and Disapproval
Conditions of
Approval
The commission or the city council, upon appeal, shall issue an approval for any proposed work as described in Section 17.03.140 G., if and only if, it determines:

A. In the case of a designated landmark, the proposed work would not detrimentally alter, destroy or adversely affect any exterior architectural feature; or
B. In the case of any property located within an historic district, the proposed construction, removal, rehabilitation, alteration, remodeling, excavation or exterior alteration does not adversely affect the character of the district; or C. In the case of construction of a new improvement, building or structure upon a landmark site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings and structures on site. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Disapproval -
Showing of
hardship
The commission or city council need not disapprove an application for permit to carry out any proposed work in an historic district, or on a landmark or a landmark site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the commission or city council that such disapproval will work immediate and substantial hardship on the applicant, whether this be property owner, tenant or resident, because proposed work, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that failure to disapprove the application will not be substantially destructive to the purposes of this chapter. If a hardship is found to exist under this section, the commission or city council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such a finding. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Timeline

Within 30 days of
the date of
receipt of the
application
Timeline in which commission shall complete its review and make a decision on application.

G. Maintenance and repair

1. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construc�on, reconstruc�on, altera�on, restora�on, demoli�on, or removal of any such feature when the building officer cer�fies to the commission that such ac�on is required for the public safety due to an unsafe or dangerous condi�on which cannot be rec�fied through the use of the California Historical Building Code.

2. The owner, occupant or other person in actual charge of a designated landmark, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior por�ons of such improvement, building or structure, all of the interior por�ons thereof when subject to control as specified in the designa�ng ordinance or permit, and all interior por�ons thereof whose maintenance is necessary to prevent deteriora�on and decay of any exterior architectural feature.

3. It shall be the duty of the department of community development and the building official to enforce this sec�on. Where the owner of a designated landmark has been ordered by the city to make necessary repairs, but has failed to do so, the city may make improvements necessary for the maintenance of the landmark and charge the cost of those repairs to the owner as a lien upon his or her property. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Local, state and federal law: Nothing in this chapter shall be construed to mi�gate the effect of any local, state, or federal codes, or law applicable to the designated landmark or historic district.

However, where the preserva�on and maintenance of a designated landmark or historic district is in direct conflict with the provisions of this �tle, or this Code, the public interest will be considered best served through preemp�on of conflic�ng sec�ons of these codes, by this chapter. All other provisions of this Code not in direct conflict with preserva�on of the designated landmark or historic district will not be abrogated by this chapter. (Ord. 963 §39, 1995; Ord. 822 §1, 1989.

I. Enforcement and penal�es

1. Methods of Enforcement. In addi�on to the regula�ons of this chapter, provisions of this Code and other provisions of law which govern the approval or disapproval of applica�ons for permits or licenses covered by this chapter, the department of community development and/or the building officer shall have the authority to implement the enforcement hereof by any of the following means:
a. Serving no�ce requiring the removal of any viola�on of this chapter, upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

b. Calling upon the city atorney to ins�tute any necessary legal proceedings to enforce the provisions of this chapter, and the city atorney is authorized to ins�tute any ac�on to that end;
c. Calling upon the Los Angeles County sheriff and authorized agents to assist in the enforcement of this chapter.

2. In addi�on to any of the foregoing remedies, the city atorney may maintain an ac�on for injunc�ve relief to restrain or enjoin or to cause the correc�on or removal of any viola�on of this chapter, or for an injunc�on in appropriate cases.

3. Any owner, landlord, or tenant of any designated landmark, or any landmark under considera�on for designa�on by the commission, who tears down, demolishes, alters, removes, or relocates the landmark, or por�on thereof, shall replace and restore the landmark to its original condi�on at his or her own expense, including all addi�onal expenses incurred by the city in enforcing this provision.

4. Penal�es. Any person viola�ng any provision of this chapter shall be deemed guilty of a misdemeanor and upon convic�on thereof shall be fined in an amount not exceeding one thousand dollars, or be imprisoned for a period not exceeding six months, or be so fined and imprisoned. Each day such viola�on is commited or permited to con�nue shall cons�tute a separate offense and shall be punishable as such hereunder. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.150 Amendments to zoning regula�ons.

A. General: Whenever the public necessity, convenience or general welfare will be benefited, the city council may amend the regula�ons herein, adjust the boundaries of zone districts, or reclassify proper�es. Insofar as possible, amendments should be in agreement with officially adopted city policies and plans, and shall be consistent with General Plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) B. City policies and plans review: In the event a proposed amendment is inconsistent with current city policies and plans, review by the planning commission of such proposed amendment and of current city policies and plans shall be coordinated so that the city council will be able to consider in one proceeding any recommended amendments to city policies and plans necessary to retain consistency by reason of such amendment. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Consistency with hazardous waste management plan: Any decision on a proposed zoning amendment shall be consistent with the por�ons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, rela�ng to si�ng of and si�ng criteria for hazardous waste facili�es. (Ord. 963 §39, 1995; Ord. 888-U §1, 1990; Ord. 887 §1, 1990) D. Ini�a�on of amendments:

1. Text Amendments. Text amendments may be ini�ated by a mo�on of the city council or the planning commission or by the director of planning development.

2. Property Rezoning. Property rezoning may be ini�ated by a mo�on of the city council or the planning commission, by the director of community development, or by an applica�on signed by the owner(s) of all property affected. The applica�on must be on forms prescribed by the

planning commission and must be submited to the community development department.

Unless an applica�on is made by a public agency or duly cons�tuted governmental body, it must be accompanied by a fee established by writen resolu�on of the city council.

3. Property Pre-zoning. An unincorporated area may be pre-zoned to determine the zoning that will apply in the event of subsequent annexa�on to the city. Procedures for ini�a�on are the same as for property rezoning.

4. Property Interim Zoning. Proper�es not pre-zoned upon annexa�on must be interimly zoned.

The planning commission must consider permanent (precise) zoning therea�er at its earliest convenience. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Planning commissions procedure:

1. Public Hearing. The planning commission shall hold at least one public hearing on all text amendments and property rezoning proposals. No public hearing shall be required for interim zoning proposals.

2. Public No�ce. No�ce of public hearing shall be made in accordance with Chapter 17.03.130.

3. Op�ons. The planning commission may disapprove, con�nue to a later mee�ng, or recommend approval of a text amendment or property rezoning to the city council. Recommenda�ons for approval shall be based on the following findings.
a. Substan�al proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the ci�zens of the city; and b. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; and
c. Streets and public facili�es exis�ng or proposed are adequate to serve all uses permited when the property is reclassified; and
d. All uses permited when the property is reclassified will be compa�ble with present and poten�al future uses, and further, exis�ng regula�ons applying to the property in ques�on.

4. Appeal. The applicant, or any other interested party, may appeal the decision of the planning commission to the city council in accordance with provisions of Sec�on 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. City council procedure:

1. Public Hearing. The city council must hold at least one public hearing on each planning commission recommenda�on to amend the text of this �tle or to reclassify property. No public hearing shall be required for interim zoning.

2. Public No�ce. No�ce of public hearing shall be made in accordance with Sec�on 17.03.130.

3. Op�ons. Text amendments and zoning decision of the planning commission may be modified, approved, disapproved, con�nued to a later mee�ng or returned to the planning commission for

further study and recommenda�ons. The council’s decision must be based on the required findings contained in Sec�on 17.03.150 E.

4. Effec�ve Date. The city council’s decision to approve a text amendment or rezoning shall become effec�ve thirty days from the date of adop�on of the ordinance approving the change. All other decisions shall become effec�ve fourteen days a�er approval.

5. Pre-zoning Time Limit. If, within one year of official city council approval of a pre-zoning the subject area has not yet been annexed to the city, the approval may be subject to reconsidera�on by the planning commission and city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
G. Expanded area of considera�ons: When in the opinion of the director of community development, or upon direc�on of the planning commission or city council, it is determined that an area subject to reclassifica�on considera�on should be expanded or contracted to fulfill the findings specified in Sec�on 17.03.150 E., the procedure required for approval is the same as specified for the commission and council in Sec�ons 17.03.150 E. and 17.03.150 F. Said expansion may be ini�ated by the director of community development, planning commission or the city council. Final reclassifica�on may include all, a por�on, or none of the expanded or contracted area. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
H. Reapplica�on: Reclassifica�on shall not be reconsidered within one year from the date of the last official ac�on taken unless the submital is first approved by the planning commission or city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
I. Reclassifica�on – condi�ons atached or atachable: Condi�ons of approval for reclassifica�on shall not be cited in ordinances of reclassifica�on. Whenever prerequisite condi�ons are deemed necessary, ordinances of reclassifica�on shall not be finally acted upon un�l provisions for compliance have been made. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.160 Variances.

A. Purpose: Variances from the terms of the zoning regula�ons shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, loca�on or surroundings, the strict applica�on of the provisions of these regula�ons deprives such property of privileges enjoyed by other property in the vicinity and under the iden�cal zoning classifica�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Condi�ons: Any variance granted shall be subject to such condi�ons as will assure that the adjustment thereby authorized shall not cons�tute a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and zoning district in which such property is situated. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Variance prohibited: A variance shall not be granted which authorizes a use or ac�vity which is not otherwise expressly authorized by the regula�ons which govern the zone district in which the parcel or property is located. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) D. Required findings: No variance shall be granted by the commission unless it finds:

1. That the strict applica�on of the zoning regula�ons would result in prac�cal difficul�es or unnecessary hardships, not of the applicant’s making

2. That there are excep�onal circumstances or condi�ons applicable to the property involved that do not apply to other property in the vicinity and in the iden�cal zone

3. The approval of the variance will not result in a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and in the iden�cal zone

4. That the gran�ng of the variance will not be in conflict with the General Plan or with any approved specific plan or neighborhood plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) E. Consistency with hazardous waste management plan: Any decision on an applica�on for a variance shall be consistent with the por�ons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, rela�ng to si�ng of and si�ng criteria for hazardous waste facili�es. (Ord. 963 §39, 1995; Ord. 888-U §3, 1990; Ord. 887 §3, 1990) F. Applica�on and fee: Applica�on for variances shall be filed with the commission upon forms and accompanied by such data as may be prescribed by the commission, so as to assure the fullest prac�cal presenta�on of the facts for the public record. The filing fees for variances shall be established by writen resolu�on of the city council and no part of such fee is refundable unless the applica�on is withdrawn prior to publica�on of the no�ce of public hearing. No fee shall be required of any recognized civic or governmental organiza�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Public hearing: Upon the filing of an applica�on for a variance from the provisions of these regula�ons, the commission shall set a date for a public hearing before the commission on the maters contained in the applica�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Commission ac�on: If, from the facts presented with the applica�on at the public hearing, or by inves�ga�on by, or at the direc�on of the commission, the commission makes the findings set forth in Sec�on 17.03.140 D. above, the commission may grant the requested variance, in whole or in part, upon such terms and condi�ons as it may deem necessary to conform with the general intent and purpose of these regula�ons. If the commission fails to make the required findings, the applica�on shall be denied. Each decision by the commission, authorizing a variance from the regula�ons established by this �tle shall be by writen resolu�on adopted by a majority of its membership, se�ng forth the required findings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989).

I. Condi�ons of approval: The commission may atach such reasonable condi�ons to the approval as it deems necessary to ensure that the proposed use will be compa�ble with the surrounding area and with the goals of the city and that the variance will not cons�tute a grant of special privilege. All condi�ons shall be binding upon the applicants, their successors, and assigns, and shall run with the land; shall limit and control the issuance and validity of cer�ficates of occupancy, and shall restrict and limit the construc�on, loca�on, use and maintenance of all land and structures within the parcel, lot or development. (Ord. 1237 §7, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. Expira�on: If the variance is not u�lized within the twenty-four-month �meframe, the applicant may apply for an extension before the expira�on of the permit on a form approved by the community development director. (Ord. 1237 §7, 2019)

K. No�ce of decision: Not later than ten days following the commission’s decision to grant or deny the variance, the applicant shall be no�fied in wri�ng of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
L. Effec�ve date and appeal: No variance authorized or granted by the commission shall become effec�ve un�l a�er an elapsed period of fourteen days from the date the determina�on is made, during which �me a writen appeal from the decision may be taken to the council by the applicant or any person aggrieved or affected by such determina�on. (Any appeal of a decision, by the commission, must be made in accordance with the provisions of Sec�on 17.03.110 of these regula�ons.) (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
M. Con�nua�on of exis�ng variances: Variances granted by the commission prior to the effec�ve date of the adop�on of these regula�ons or of any amendment thereto may be con�nued provided all condi�ons of such variances con�nue to be met. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.170 Nonconformi�es.

A. Intent and Purpose: The purpose of the provisions of this chapter shall be to provide for the regula�on and eventual elimina�on of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the orderly development of the city and is detrimental to the public health, safety, convenience and general welfare of persons and property within the city. It is further declared that it is the policy of the city that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the cons�tu�onal rights of the property owners of such nonconforming uses. The con�nua�on of nonconforming uses as provided in this chapter is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within the specified �me periods. Nonconforming uses are declared to be illegal and prohibited a�er the termina�on dates set forth in this chapter. (Ord. 964 §5, 1995; Ord. 822 §1, 1989)
B. Exis�ng Uses: Any exis�ng use or structure which does not conform to the regula�ons of this �tle or to any subsequent amendments thereto, but which was in conformance with all ordinances and laws, or which was a legal use on the effec�ve date of Ordinance No. 182, or of any subsequent amendment thereto, shall be classified as nonconforming. A nonconforming building or structure, or a nonconforming por�on of a building shall be deemed to cons�tute a nonconforming use of the land upon which it is located. However, only that por�on of the property actually u�lized for the nonconforming use shall be considered nonconforming. Any legally exis�ng use or structure exis�ng on the effec�ve date of these regula�ons, or of any subsequent amendment thereto, which is now listed as a condi�onal use in the zone district in which it is located shall be classified as a nonconforming use and shall so remain un�l a condi�onal use permit has been granted by the planning commission in accordance with the provisions of these regula�ons. (Ord. 964 §6, 1995; Ord. 822 §1, 1989)
C. Con�nua�on: A lawfully exis�ng nonconforming use or structure may con�nue to be u�lized for a specific length of �me as set forth in Sec�on 17.03.170 J., provided there is no structural altera�on, increase or enlargement of area, space or volume occupied or devoted to such use, except as otherwise permited by these regula�ons. (Ord. 822 §1, 1989)

D. Repairs, altera�ons, addi�ons and construc�on: Such repairs and maintenance work that may be required to keep nonconforming building or structures in a safe and sound condi�on may be made.

However, structural altera�on of nonresiden�al building which would require a building permit shall be limited to those necessary to restore the structure to a safe condi�on. The allowable extent of altera�ons shall be limited as provided in these regula�ons. No repair or altera�ons made to any nonconforming structure or use shall be construed as authorizing an extension of any �me limit for the termina�on of nonconformity. (Ord. 822 §1, 1989)
a. Addi�ons, altera�ons or reconstruc�on shall be allowed only for the purpose of relieving overcrowded condi�ons or to provide adequate living space for the family living on the premises, and only where it can be shown that they would not adversely affect the subject property or the surrounding area, and any such addi�ons, altera�ons or reconstruc�on shall require approval of the city. Such addi�ons, altera�ons or reconstruc�on shall not be allowed for the purpose of gaining addi�onal rent or revenue. The director of community development is authorized to approve addi�ons and altera�ons to nonconforming residen�al structures within the city, where the addi�on or altera�on does not increase the nonconformity. (Ord. 1232 §5, 2019; Ord. 822 §1, 1989)
b. Addi�ons and altera�ons to nonconforming commercial or industrial uses may be authorized only by a condi�onal use permit granted in accordance with the provisions of this �tle. The planning commission must make the following findings in order to grant the condi�onal use permit:
i. Proposed addi�ons or altera�ons are needed to relieve overcrowded condi�ons and to modernize an exis�ng use to the extent that it can successfully operate. Such addi�ons or altera�ons may not be used for the establishment of a new enterprise. ii. Proposed addi�ons or altera�ons shall not be permited if they would adversely affect the exis�ng development or impede further conforming development of the property or of the surrounding area for permited uses.
iii. The owners of the subject property shall execute a writen agreement which provides that any altera�ons made pursuant to this sec�on shall not extend the �me set forth in these regula�ons for the termina�on of such nonconforming structure. (Ord. 964 §7, 1995; Ord. 822 §1, 1989) Repairs to par�ally destroyed structures
c. Repairs to par�ally destroyed structures: a nonconforming building or structure which is damaged or par�ally destroyed to the extent of not more than fi�y percent of its assessed value at that �me, may be restored and the occupancy or use of such building, structure or part thereof which existed at the �me of such destruc�on may be con�nued or resumed; provided, that the total cost of such reconstruc�on does not exceed fi�y percent of the assessed value of the building or structure at the �me of such damage, and that such restora�on is started within a period of one year of such damage. In the event such damage or destruc�on exceeds fi�y percent of the assessed value of such building or structure, no repairs or reconstruc�on shall be made unless every por�on of such building or structure is made to conform to all regula�ons of the district in which it is located. (Ord. 822 §1, 1989)

d. Structures under construc�on: Where valid building permits have been issued for a structure prior to the effec�ve date of these regula�ons, the structure may be completed and used in accordance with the plans and specifica�ons upon which such permits were issued, provided construc�on is commenced within thirty days a�er the issuance of the permits and work is diligently pursued to comple�on within the subsequent six-month period. (Ord. 822 §1, 1989) E. Public uses, quasi-public uses, and public u�li�es
a. A lawfully exis�ng nonconforming school, park, library, fire sta�on, church or other public or quasi-public use may be added to, extended or altered; provided, that such addi�ons, extensions or altera�ons do not extend beyond the boundaries of the exis�ng site; and provided that such addi�ons, extensions or altera�ons comply with the development standards and all other provisions of this �tle. (Ord. 822 §1, 1989)
b. The planning commission, by writen finding, may determine that a par�cular public u�lity facility or installa�on, nonconforming to the requirements of this �tle, is necessary to serve the areas in which it is located. The public u�lity facility may then be extended, or altered provided the facility does not extend beyond the boundaries of the exis�ng site, and provided that the addi�on, extension, or altera�on complies with all other provisions of this �tle. (Ord. 822 §1, 1989)
F. Change of nonconforming use: No nonconforming use shall be changed to another nonconforming use, nor shall a nonconforming use be extended to displace a conforming use except in accordance with the provisions of this �tle. (Ord. 822 §1, 1989)
G. Reversion to nonconforming status: Any por�on of a nonconforming building or use which is altered or changed to a conforming use shall not therea�er be used for a nonconforming use. (Ord. 822 §1, 1989)
H. Abandonment of a nonconforming building or use – extensions: Where a nonconforming building, structure or use of a building, structure, or land has ceased for a period of ninety days or longer, such nonconformity shall be deemed to be abandoned. All nonconforming rights and privileges pertaining to such nonconforming building, structure or use are terminated on the ninety-first day.

However, the property owner may apply for a nonconforming extension permit no later than one month prior to the end of the ninety-day period extending such ninety-day period for a period not to exceed two years. The director of community services may approve, condi�onally approve, modify or deny the permit. In the event the director of community development grants such permit, the nonconforming rights and privileges pertaining to such nonconforming building, structure or use shall remain in effect un�l the earlier of the following events: the nonconforming building or structure is demolished; in the case of a nonconforming use, such use is replaced with a conforming use; or the day a�er the expira�on date of the extension. (Ord. 1162 §1, 2012; Ord. 822 §1, 1989) I. Limita�ons on other uses: While a nonconforming use exists on any lot or parcel of land, no new use may be established thereon, unless the following condi�ons exist:
a. Each exis�ng and proposed use, including all accessory buildings and uses, shall be located on a lot or parcel of land having the area required in the zone district for such use.

b. These uses shall be so located that the lot or parcel of land can be subdivided into individual parcels, each of which shall contain no less area than required by the zone district in which the property is located. All subdivisions shall comply with the requirements of the subdivision ordinance of the city. (Ord. 822 §1, 1989)
J. Required termina�on periods of nonconformi�es: Each nonconforming building, structure or use shall be completely removed or altered to conform to the regula�ons of the zone district in which it is located within the following specified periods of �me.

Nonconforming buildings and structures
Where the property is developed only with
minor structures. A minor structure means any
structure not requiring a building permit
3 years
Residential structures (single-family residential
dwellings, two-family dwellings, three-family
dwellings, and multiple-family dwellings) except
those structures permitted pursuant to Chapter

17.05. 35 years from the date of construction or 20
years from the effective date of the regulations
codified in this chapter, whichever is later
Commercial building and structures (including
stores, offices, hotels and the like)
25 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Industrial buildings and structures (including
factories, shops and similar industrial buildings)
40 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Metal buildings not in compliance with metal
building regulations
March 17, 1989
On-site signs which have been abandoned or
which rotate or have moving lighting devices
180 days
Any nonconforming structure which is
destroyed or damaged to an extent exceeding
50% of its replacement value, including
nonconforming residential structures
120 days from the date of such damage or
destruction
Any nonconforming structure not covered
otherwise by these regulations
5 years from the effective date of the
regulations codified in this chapter
Nonconforming uses of building or land
Nonconforming use of a conforming structure 7 years from effective date of these regulations codified in this chapter
Mobile home parks 35 years from date of construction or 20 years from effective date of regulations codified in
this chapter, whichever is later
All other nonconforming uses 5 years from effective date of these regulations Determination of the termination date

Nonconforming structures or uses which were
conforming immediately prior to the effective date
of Ordinance No. 182, the
Time period shall be measured from the
effective date of said ordinance.

For structures or uses which hereinafter become
nonconforming due to any zone change or other
amendment to the zoning ordinance
Time period shall be measured from the
effective date of such zone change or
amendment.

For structures or uses which first became
nonconforming by the provisions of any city or
county ordinance prior to the effective date of
Ordinance No. 182
Time period shall be measured from the date
such structures or uses first became
nonconforming. (Ord. 964 §8, 1995; Ord. 822
§1, 1989)
Extension of termination date
In establishing the termination date for nonconforming structures and uses, it is recognized that there may be some uses which entail a substantial investment in time and money and which may require a greater period of time to amortize than provided in Section 17.03.170 J. “Nonconforming uses of building or land”. Any party may petition the planning commission for an extension of time for the termination of a nonconforming use or structure. The planning commission shall conduct a hearing on the petition and shall determine the appropriateness of the request. A copy of the recommended action shall be forwarded to the city council for final disposition. (Ord. 822 §1, 1989) K. Removal of structures: Prior to the expira�on of the termina�on period, the nonconforming structure shall be completely removed or brought into compliance with the requirements of these regula�ons. The city shall not be liable for the cost of altering or removing any nonconforming structure or use. If the nonconforming use or structure is not brought into compliance with the requirements of these regula�ons, or removed in accordance with the date established in this chapter, the city shall have the right to declare the structure to be a public nuisance and to cause its removal in accordance with the provisions of Chapter 8.36. (Ord. 964 §9, 1995; Ord. 822 §1, 1989) L. Appeals: Any party who has been administra�vely ordered by the city to terminate a nonconforming use shall have the right of appeal to the city council if he or she has reason to feel that such order is unreasonable or would cause undue hardship. The city council may affirm the order or may extend the date upon which the nonconformity must be terminated. (Ord. 822 §1, 1989)

17.03.180 Modifica�on of development standards.

A. Purpose: The purpose of the modifica�on of development standards is to permit a property owner or tenant to deviate from the strict applica�on of property development standards of the zone district in which his or her property is located in cases of demonstrable hardships not warran�ng the gran�ng of a variance. Such devia�ons shall be minor in nature. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Authority: All modifica�ons of development standards must be approved by the community development director or designee who shall have the authority to modify standards as they apply to yard and setback requirements, building height, sign height or area, parking and landscaping. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Extent of modifica�on of development standards:

1. Yard and setback standards may be modified by twenty percent of the zone district requirements.

2. Building height standards may be modified by ten percent of the zone district requirements.

3. Maximum sign height requirements may be modified by twenty percent and maximum sign area requirements may be modified by twenty percent.

4. Parking requirements may be modified by:
a. Ten percent; or
b. Twenty percent with an approved valet parking plan.

5. Landscaping requirements may be modified by ten percent of the zone district and parking ordinance requirements. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 925 §1, 1993; Ord. 822 §1, 1989)
D. Applica�on and fee: A request for modifica�on of development standards shall be filed on forms prescribed by the community development director and shall be accompanied by a plot plan(s) and a fee, as established by writen resolu�on of the city council. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Plans required and plot plan review: A plot plan shall be submited to the director of community development for any use requiring a modifica�on of development standards. The plot plan shall include, but shall not be limited to, loca�on of building and structures, areas designated for offstreet parking and loading, circula�on, landscaping, trash enclosures and the loca�on of mechanical equipment. The community development director or designee shall review the plot plan and requested modifica�on of standards to ensure that the intent and purpose of the zone district in which the property is located is implemented, that the requested modifica�on is within the limits of Sec�on 17.03.170 C. that the required showings have been made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. Required showing by the applicant: Before any modifica�on of standards will be granted, the applicant shall be required to make the following showing:

1. That the modifica�on requested is warranted by condi�ons applicable to the subject property;

2. That the modifica�on, if granted, would not be detrimental to the property owners in the area or to the general public. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Condi�ons of approval: Any modifica�on of development standards granted shall be subject to such condi�ons as will ensure that the adjustment thereby authorized shall not cons�tute a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and in the zone district within such property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
H. No�ce of decision: Following the ac�on by the community development director or designee, in gran�ng or denying the request for a modifica�on of development standards, a leter shall be mailed

to the applicant at the address shown on the applica�on form and to any other person reques�ng a copy, advising of the decision made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) I. Expira�on: Unless otherwise specified in the ac�on gran�ng the modifica�on of development standards, any modifica�on which has not been u�lized within six months from the effec�ve date of approval shall be null and void. The abandonment or nonuse of a modifica�on for any period of six consecu�ve months shall terminate the modifica�on and any privileges granted thereunder shall become null and void. A six-month extension may be granted by the community development director. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. Appeal: An appeal of a decision of the community development director may be made to the planning commission. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) K. Final review of plans: Before a building permit may be issued, the director of community development, or representa�ve, shall sign the plot plan cer�fying that it complies with the condi�ons established and with the intent and purpose of the zone district in which the property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)

17.03.190 Miscellaneous standards and permited encroachments.

A. Purpose: These standards are designed to ensure that property in the various zone districts established throughout the city are developed in a uniform and orderly manner and will promote the public health, safety, convenience, and general welfare. These development standards shall apply in addi�on to any other standards which may be established. (Ord. 822 §1, 1989) B. Accurate dimensions and calcula�ons required—Viola�on: In measuring lot dimensions and other requirements set forth in this �tle, it shall be the responsibility of the property owner or authorized agent to provide accurate dimensions and calcula�ons, and no person shall submit inaccurate dimensions or calcula�ons. The submission of inaccurate dimensions which result in a lot or structure not complying with the requirements set forth in this �tle shall cons�tute a viola�on of this �tle, and any permits or approvals granted thereunder shall be void. (Ord. 822 §1, 1989) C. Minimum lot area: No lot shall be created with an area less than the minimum required, nor shall any exis�ng lot be reduced in area to less than the minimum required in the zone in which such lot is located. (Ord. 822 §1, 1989)
D. Permited encroachments: The following projec�ons may extend not more than four feet into a required side yard; provided, however, that the projec�ons shall not in any event be closer than three feet to any rear or side property line:

1. Cornices, eaves, belt courses, sills, butresses or other similar architectural features

2. Fireplace structure not wider than eight feet, measured in the general direc�on of the wall of which it is a part

3. Stairways, balconies and fire escapes, provided that balconies may extend three feet into the required front setback when above the ground floor

4. Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front and side yard

5. Planter boxes or masonry planters not exceeding forty-two inches in height

6. Guard railings around ramps not exceeding forty-two inches in height

7. A porte cochere over a driveway in a side yard, provided such structure is not more than one story and is en�rely open on at least three sides, except for the necessary suppor�ng columns and customary architectural features, and is a minimum of thirty-six inches from the side property line. (Ord. 822 §1, 1989)
E. Distance between buildings: In the residen�al zones, all buildings or structures herea�er designed or erected, and all exis�ng buildings herea�er altered shall have a minimum distance of six feet between main buildings or between main buildings and accessory buildings unless a greater distance is required by any other applicable code or regula�on. (Ord. 963 §31, 1995; Ord. 822 §1, 1989) F. Distance between buildings—Permited encroachments: The following projec�ons may extend into the required open space between buildings:

1. Cornices, eaves, belt courses, sills, butresses, or similar architectural features may extend no more than two feet into the required distance.

2. Fireplace structures not wider than eight feet measured in the general direc�on of the wall of which it is a part may extend not more than two feet into the required distance.

3. Stairways and fire escapes.

4. Uncovered porches which do not extend above the floor level on the first floor.

5. Balconies may extend not more than three feet into the required distance.

6. Plan�ng boxes or masonry planters and similar features.

7. Guard railings around ramps. (Ord. 822 §1, 1989)
G. Required yards—Not transferable: No yard or other open space required around a use or structure for the purpose of complying with the provisions of this �tle shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot. (Ord. 822 §1, 1989) H. Measurement of building area: The area of a building shall be measured from plans submited by the property owner or authorized agent. In the case of an exis�ng building, measurement may be made on the site. The area of a building shall be measured to include the total floor area within the exterior walls of the structure, except that garages, porte cocheres, porches, decks, pa�os, breezeways and similar elements shall not be included in measuring the area of a building. (Ord. 822 §1, 1989)
I. Visibility: All corner lots subject to yard requirements shall be maintained for safety vision purposes, a triangular area at the street intersec�on corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fi�een feet along the front and side lot lines from their point of intersec�on, or in case of a rounded lot corner, from the point of intersec�on of the extension of said lot lines. Within such triangular area, no tree, fence, shrub or other physical obstruc�on higher than forty-two inches above the established curb grade

shall be permited. This sec�on shall not be deemed to set aside or reduce the requirements established for security fencing either by local, state, or federal law or by safety requirements of the board of educa�on. (Ord. 822 §1, 1989)
J. Swimming pools—Loca�on: A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. (Ord. 822 §1, 1989) K. Swimming pools—Enclosure: Swimming pools shall be enclosed and secured as required by the city’s Building Code. All required fencing and security devices must be in place and approved before any water is put into the pool. (Ord. 963 §32, 1995; Ord. 822 §1, 1989) L. Height measurement of fences and walls: The height of a fence or wall shall be measured at the highest finished grade within three feet of either side of the wall or fence. In order to allow for varia�ons in topography, the height of said wall or fence may vary an amount not to exceed six inches from the maximum permited height contained in the regula�ons of the zone district in which the site is located. (Ord. 822 §1, 1989)
M. Government excep�on: The provisions of this �tle shall not apply to a fence or wall required by regula�on for security fencing of any use by any local, state, or federal law, or other governing agency. (Ord. 822 §1, 1989)
N. Construc�on and altera�on subject to design standards: No building permit shall be issued for construc�on or altera�ons in the commercial, manufacturing and commercial manufacturing zones which meet the following criteria unless the director of planning or designee determines that the construc�on or altera�on authorized by that building permit conforms to the design guidelines adopted by resolu�on of the city council:

1. Construc�on of a building with a gross floor area greater than five thousand square feet; or

2. Construc�on of an addi�on of at least five hundred square feet to an exis�ng building so that the combined gross floor area of the exis�ng building and the addi�on exceeds five thousand square feet; or

3. Structural altera�ons of more than fi�y percent of the exterior walls of an exis�ng building. (Ord. 964 §12, 1995)

17.03.200 Enforcement.

A. Intent and purpose: The purpose of this chapter is to define and clarify the powers of the city to enforce the provisions of the zoning ordinance. It is also the purpose of this chapter to define viola�ons of the ordinance and to prescribe penal�es and remedies for such viola�ons. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Applicability: The provisions of this chapter are applicable not only to private persons, agencies, and organiza�ons, but also to all public agencies and organiza�ons to the full extent that they may be enforceable in connec�on with the ac�vi�es of any such public agency or organiza�ons. Where specific chapters of this �tle include language concerning viola�ons, penal�es and remedies, the provisions of those chapters shall apply. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)

C. Issuance of licenses and permits: No license or permit for a use, building, or purpose where the issuance of such license or permit would be in conflict with the Zoning Ordinance shall be issued. All departments, officials or other employees of the city vested with the authority to issue licenses or permits shall not issue such permits or licenses which would not be in conformity with the provisions of the zoning ordinance. Any license or permit so issued shall be null and void. (Ord. 963 §§39, 43, 1995; Ord. 822 §1, 1989)
D. Penal�es: Any firm, corpora�on, person or persons viola�ng any of the provisions of this �tle shall be deemed guilty of a misdemeanor and upon convic�on thereof shall be punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months or both such fine and imprisonment at the discre�on of the court. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989) E. Each day a separate viola�on: Each person, or persons viola�ng any of the provisions of this �tle shall be deemed guilty of a separate offense for every day during which any viola�on of any provision of the zoning �tle is commited, or con�nued by such persons, firms or corpora�on and shall be punishable as provided in this chapter. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989

17.03.210 Catering vehicle as a condi�onally permited accessory use to a restaurant.

A. Purpose: The purpose of this sec�on is to condi�onally permit catering vehicles as an accessory use in conjunc�on with full-service restaurants. The development standards set forth herein are designed to ensure that any proposed accessory use will be compa�ble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) B. Retail sales of food from a catering vehicle: The owner or operator of a full-service restaurant may apply for a condi�onal use permit pursuant to Sec�on 17.03.060 to sell and serve food from a catering vehicle as an accessory use in conjunc�on with that restaurant. The city may impose reasonable condi�ons to ensure that the proposed use will be compa�ble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) C. Applica�on requirements: As part of the applica�on, the applicant must provide evidence establishing:

1. Permission to Operate. Ownership of the property upon which the restaurant is located or that the property owner has granted permission to allow the vehicle to be parked on the property for the purpose of conduc�ng sales and service of food therefrom.

2. Restaurant Has All Necessary Permits. The restaurant has received all necessary permits.

3. Licensing Requirements. The applicant has complied with the licensing requirements for the vehicle set forth in Sec�on 5.08.060(i) through (iv).

4. Compa�bility with Surrounding Uses and Property. The proposed accessory use will be compa�ble with uses and property in the vicinity and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007)
D. Development and opera�onal standards: In addi�on to sa�sfying the criteria set forth in Sec�on

17.03.060 and state law governing condi�onal uses, the applicant must comply with the following:

1. Loca�on Criteria. The catering vehicle shall park in the area designated for parking for the restaurant. The catering vehicles shall not, at any �me, block access to or from the parking lot or park in an area used for landscaping or walkway surfaces.

2. Opera�onal Standards. The operator shall comply with the following standards:
a. No flashing lights or temporary signage is permited on the vehicle or in the parking area. b. No table or sea�ng is permited in the parking area.
c. Outdoor speakers or music are prohibited.
d. The restaurant’s restroom facili�es must be open to employees and patrons at all �mes when the catering vehicle is open for business.
e. The operator shall provide trash receptacles within ten feet of the vehicle at all �mes the vehicle is open for business.
f. The vehicle may only be open for business between the hours of six p.m. and two a.m. each day.
g. The parking area shall be clean at all �mes. During the hours that the catering vehicle is not open for business, the vehicle must be removed from the site or parked in an area where the vehicle is not visible from the street.
h. The vehicle must contain a cash register to record all sales. The operator must maintain register receipts for each month of the year.
i. There shall be no sale or service of alcoholic beverages from the vehicle. Signs shall be posted indica�ng no consump�on of alcohol or loitering in the parking area. j. The vendor shall maintain the parking area in a neat and orderly condi�on, and collect and dispose in a sanitary manner all debris, garbage, papers, trash, discarded food and liter generated by the vehicle. (Ord. 1094 §1, 2007)

17.03.220 Electric vehicle charging systems.

A. Purpose: The purpose of this sec�on is to promote and encourage the use of electric vehicles by crea�ng an expedited, streamlined permi�ng process for electric vehicle charging sta�ons while promo�ng public health and safety and preven�ng specific adverse impacts in the installa�on and use of such charging sta�ons.

B. Applicability: This sec�on applies to the permi�ng of all electric vehicle charging systems in the City.

Electric vehicle charging systems legally established or permited prior to the effec�ve date of this sec�on are not subject to the requirements of this sec�on unless physical modifica�ons or altera�ons are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permi�ng. Rou�ne opera�on and maintenance or like-kind replacements shall not require a permit.

C. Electric Vehicle Charging System Requirements:

1. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automo�ve Engineers, the Na�onal Electrical Manufacturers Associa�on, and accredited tes�ng laboratories such as Underwriters Laboratories, and rules of the Public U�li�es Commission regarding safety and reliability.

2. All electric vehicle charging sta�ons shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and u�lity director, the California Building Code, City of South El Monte Municipal Code, and Federal laws including the Americans with Disabili�es Act.

3. Installa�on of electric vehicle charging sta�ons shall be incorporated into the load calcula�ons of all new or exis�ng electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a con�nuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging sta�ons shall meet the requirements of the California Building or Residen�al Code as applicable per occupancy, and the provisions of the manufacturer's installa�on instruc�ons. Moun�ng of charging sta�ons shall not adversely affect building elements.

D. Du�es of the City’s Chief Building Official:

1. All documents required for submission of an electric vehicle charging system applica�on shall be made publicly available on the City's website.

2. The chief building official shall allow the electronic submital of the electric vehicle charging sta�on applica�on.
a. An applicant's electronic signature shall be accepted on all forms, applica�ons, and other documents in lieu of a wet signature.

3. By resolu�on, the City Council shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.

4. The electric vehicle charging system permit process and checklist shall substan�ally conform to recommenda�ons contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permi�ng Checklist contained in the Zero-Emission Vehicles in California:

Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.

Table 17.03.220-A Development Standards for Plug-In Electric Vehicle Charging Standard Requirement
Garages
serving a new
single-family
residence
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.

Garages
serving each
unit of a duplex
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.

Garages
serving new
multifamily –
10 units or less
All required parking spaces shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide EVCSs at such time as it is needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state and federal requirements.

Garages
serving new
multifamily –
10 units or
more
10% of the total parking spaces required (all of the 10% shall be located within the required covered parking) shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official. Of the total listed cabinets, boxes or enclosures provided, 50% shall have the necessary electric vehicle supply equipment installed to provide active EVCSs ready for use by residents. The remainder shall be installed at such time as they are needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state requirements.

Parking serving
new
commercial,
industrial or
other uses
New commercial, industrial and other uses with the building or land area, capacity or numbers of employees listed herein shall provide the electrical service capacity necessary and all conduits and related equipment necessary to ultimately serve 2% of the total parking spaces with EVCSs in a manner approved by the building and safety official. Of these parking spaces, 1/2 shall initially be provided with the equipment necessary to function as online EVCSs upon completion of the project.

The remainder shall be installed at such time as they are needed for use by customers, employees or other users. EVCSs shall be provided in disabled person parking spaces in accordance with state and federal requirements. • Construction of a hospital of 500 or more beds, or expansion of a hospital of that size by 20% or more.
• Construction of a postsecondary school (college), public or private, for 3,000 or more students, or expansion of an existing facility having a capacity of 3,000 or more students by an addition of at least 20%.
• Hotels or motels with 500 or more rooms. d. Industrial, manufacturing or processing plants or industrial parks that employ more than 1,000 persons, occupy more than 40 acres of land or contain more than 650,000 square feet of gross floor area.
• Office buildings or office parks that employ more than 1,000 persons or contain more than 250,000 square feet of gross floor area.
• Shopping centers or trade centers that employ 1,000 or more persons or contain 500,000 square feet of gross floor area.
• Sports, entertainment or recreation facilities that accommodate at least 4,000 persons per performance or that contain 1,500 or more fixed seats. • Transit projects (including but not limited to transit stations and park and ride lots).

E. Permit Review Requirements:

1. The Building Official shall implement an administra�ve review process to expedite approval of electric vehicle charging sta�ons. Review of a complete permit applica�on shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regula�ons

necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installa�on. For direct current fast chargers (DCFC), the review of a complete permit applica�on will be a fi�een business day �meline.

2. A permit applica�on that sa�sfies the informa�on requirements in the checklist, as adopted by the City, shall be deemed complete.

3. A complete permit applica�on and proposed installa�on that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.

4. An applicant that provides an incomplete permit applica�on shall be provided with a writen correc�on no�ce detailing all deficiencies in the applica�on and any informa�on required to be eligible for expedited permit issuance.

5. The Building Official may require an applicant to apply for a condi�onal use permit if the official makes a writen finding, based on substan�al evidence, that the proposed electric vehicle charging sta�on could have a specific, adverse impact upon the public health or safety and condi�ons are necessary. The decision of the Building Official may be appealed to the City Planning Commission.

6. The Director may not deny an applica�on for a condi�onal use permit unless writen findings are made based upon substan�al evidence in the record that the proposed installa�on would have a specific, adverse impact upon the public health or safety, and there is no feasible method to sa�sfactorily mi�gate or avoid the specific, adverse impact. The Director's writen findings shall include the basis for the rejec�on of poten�al feasible alterna�ves or condi�ons for preven�ng the adverse impact. The decision of the Director may be appealed to the City Planning Commission.

7. Any condi�ons imposed on an applica�on shall be designed to mi�gate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Sec�on 65850.7 requires that the Building Official shall not condi�on the approval for any condi�onal use permit on the approval of such a system by an associa�on, as that term is defined by Civil Code 4080.

8. A feasible method to sa�sfactorily mi�gate or avoid the specific, adverse impact includes, but is not limited to, any cost-effec�ve method, condi�on, or mi�ga�on imposed by the City on another similarly situated applica�on in a prior successful applica�on for a permit.

17.03.230 Massage establishments.

A. Loca�on criteria: A massage establishment may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:

1. A massage establishment shall not be established or located within five hundred feet of any exis�ng massage establishment. The distance between any two massage establishments shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each establishment.

2. A massage establishment may not open or operate in a loca�on where that establishment or a prior massage establishment was closed due to criminal ac�vity, had its condi�onal use permit revoked, or had a massage establishment permit revoked any �me within the past three years. (Ord. 1195 §14, 2015)
B. Condi�on use permit required: A condi�onal use permit shall be required for the establishment of any massage establishment. The following provisions shall govern the issuance of condi�onal use permits for massage establishments:

1. Applica�ons for condi�onal use permits under this sec�on shall be subject to the procedures and requirements of Sec�on 17.03.060.

2. In considering applica�ons for massage establishments, the planning commission shall be guided by the provisions of Sec�on 17.03.060 and this sec�on. However, in the event of any inconsistency in said standards, the provisions of this sec�on shall govern.

3. In gran�ng a condi�onal use permit, the planning commission may impose condi�ons if the planning commission determines such condi�ons are necessary to minimize any adverse effect of the proposed use on proper�es and uses in the area and the rest of the city.

4. A massage establishment shall not operate under any name or conduct business under any designa�on not specified in the applica�on for the condi�onal use permit, which shall be iden�cal as the name listed in the applica�ons for the city business license and massage establishment permit.

5. Any informa�on of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be cer�fied by a licensed professional engineer.

6. An applicant for a condi�onal use permit shall submit the informa�on described in this sec�on and a non-refundable fee as established in the city’s schedule of fees by resolu�on of the city council to reimburse the city for the costs of reviewing the applica�on.

7. In addi�on to any informa�on required for applica�ons for a city business license pursuant to Title 5 of this Code, a massage establishment permit pursuant to Chapter 5.22 of this Code, and condi�onal use permits pursuant Sec�on 17.03.060 of this Code, an applicant for a condi�onal use permit for a massage establishment shall submit the following informa�on:
a. A legal descrip�on of the parcel.
b. Proof of legal �tle or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.
c. If the massage establishment has a leasehold interest in the real property, a cer�fied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
d. A scaled site plan.
e. A descrip�on of all physical changes proposed to the property, whether permanent or impermanent, both inside and outside of the building.

f. The separa�on distance from other exis�ng massage establishments shall be shown on an updated site plan or map.
g. A descrip�on of compliance with all facility requirements in Chapter 5.22 of this Code. h. In addi�on to any standards for considera�on of condi�onal use permit applica�ons pursuant to Sec�on 17.03.060 of this Code, the planning commission shall consider the following factors in determining whether to issue a condi�onal use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission determines that the goals of this sec�on are beter served thereby.
i. No massage establishment shall be sited in a loca�on where the applicant cannot produce proof of legal �tle or a possessory or leasehold interest in that real property and a cer�fied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
j. No massage establishment shall be sited within five hundred feet of an exis�ng or otherwise approved massage establishment.
k. No massage establishment shall be sited in a zone where it is not permited. l. No massage establishment shall violate any provision regarding facility requirements within Chapter 5.22 of this Code. (Ord. 1195 §14, 2015)
C. Amor�za�on and regula�on of nonconforming massage establishments:

1. Any use of real property exis�ng on April 1, 2015, which does not conform to the provisions of this sec�on, but which was constructed, operated and maintained in compliance with all previous regula�ons prior to March 11, 2014, shall be regarded as a nonconforming use.

2. Any nonconforming use pursuant to this sec�on may con�nue in opera�on un�l June 30, 2017, provided that use and its facility is in compliance with all other laws, except the use restric�ons in the zoning ordinance; the use is not extended, enlarged, moved or altered so as to occupy land outside the current structure(s); and the use is not discon�nued or abandoned for a con�nuous period of one hundred eighty days or more.

3. Any nonconforming use pursuant to this sec�on may apply for a condi�onal use permit pursuant to Sec�on 17.03.230 B. In the event the city grants the condi�onal use permit, such use shall be considered to be a conforming use.

4. The city manager may approve an extension of �me un�l termina�on pursuant to Sec�on

17.03.230 D. (Ord. 1195 §14, 2015)
D. Extension of �me for termina�on of nonconforming use: The owner or operator of a nonconforming use as described in Sec�on 17.03.230 C may apply under the provisions of this sec�on to the city manager for an extension of �me within which to terminate the nonconforming use, as follows:

1. The owner of the real property upon which such use operated or the operator of the use may file an applica�on for an extension of �me within which to terminate a use made nonconforming

by the provisions of this sec�on. Such applica�on must be filed with the city manager at least sixty days but no more than ninety days prior to the expira�on of the �me established in Sec�on

17.03.230 B for termina�on of such use.

2. The applica�on shall state the grounds for reques�ng an extension of �me. The filing fee for such applica�on shall be the same as that for a variance as is set forth in the city’s schedule of fees established by resolu�on from �me to �me by the city council. An applica�on which fails to state a basis upon which an extension may be granted, as set forth in subsec�on D of this sec�on, shall be returned to the applicant as nonresponsive, together with the applica�on fee less any administra�ve costs of processing the applica�on.

3. The city manager shall appoint a hearing officer to hear the applica�on. The hearing officer shall set the mater for hearing within twenty days of receipt of the applica�on. All par�es involved:
shall have the right to offer tes�monial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admited. Any hearing under this sec�on may be con�nued for a reasonable �me for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Sec�on 1094.6.

4. An extension under the provisions of this sec�on shall be for a reasonable period of �me commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
a. The applicant has made a substan�al investment (including, but not limited to, lease obliga�ons) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made before April 1, 2015;
b. The applicant will be unable to recoup said investment as of the date established for termina�on of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a loca�on in conformance with Sec�on 17.03.230 C. (Ord. 1195 §14, 2015)

Chapter 17.04

ZONING MAP
Sections

17.04.010 Zoning Map.

17.04.020 Zone districts established.

17.04.030 Official zoning map.

17.04.040 Revision to, and amendment of the official zoning map.

17.04.050 Interpretation of the official zoning map.

17.04.010 Zoning Map.

17.04.020 Zone districts established.

In order to carry out the purpose and provisions of this �tle, the city is divided into the following zone districts:

A. Single-Family Residen�al Zone (R-1) (Ch. 17.05);
B. Mul�ple-Residen�al Zone (R-2) (Ch. 17.05);
C. Mul�ple-Residen�al Zone (R-3) (Ch. 17.05;
D. Commercial Zone (C) (Ch. 17.06);

E. Commercial-Residen�al Zone (C-R) (Ch. 17.07);
F. Commercial-Manufacturing Zone (C-M) (Ch. 17.09);
G. Manufacturing Zone (M) (Ch. 17.09);
H. Public Facili�es Zone (P-F) (Ch. 17.08).

17.04.030 Official zoning map.

The loca�on and boundaries of the zone districts established by Sec�on 17.04.020 are set forth on the official zoning map of the city and which map, with all loca�ons, references, and other informa�on shown thereon is incorporated herein by reference. (Ord. 822 §1, 1989)

17.04.040 Revision to, and amendment of the official zoning map.

All amendments and changes to the official zoning map adopted according to the provisions of this �tle shall be considered a part of these regula�ons and of the official zoning map at the �me of the effec�ve date of all changes and amendments. The city council may, from �me to �me, order revision of the official zoning map so as to include all changes to date. No changes shall be made to the map which have not been officially adopted according to the provisions of this �tle. The revised map shall become the official zoning map of the city and shall replace the preceding map. (Ord. 822 §1, 1989)

17.04.050 Interpreta�on of the official zoning map.

Where uncertain�es exist as to the boundaries of any zone district indicated on the official zoning map, the following shall apply:

A. Street, alley, railroad right-of-way, water channel, or other right-of-way indicated on the official zoning map shall be included within the zone district of the adjoining property.

B. Where a street, alley, railroad right-of-way, water channel, or other right-of-way serves as a boundary between two or more zone districts, the centerline of the right-of-way or water channel shall be considered the zone district boundary.

C. Where uncertainty s�ll exists, the planning commission shall, by writen resolu�on, determine the loca�on of the zone district boundary.

D. In the event that a vacated street, alley or other right-of-way has been the boundary between two or more zone districts prior to its vaca�on, the new zone district boundary shall be at the new property line. Where the vaca�on does not involve the establishment of a new property line, the new zone district boundary shall be fixed by writen resolu�on of the planning commission. (Ord. 822 §1, 1989)

Chapter 17.05
RESIDENTIAL ZONES – STANDARDS AND USES
Sections

17.05.010 Intent and purpose.

17.05.020 Uses.

17.05.030 Property development standards.

17.05.040 Minimum yard requirements.

17.05.050 Open space requirements.

17.05.060 Electronic gates.

17.05.070 Landscaping.

17.05.080 Fences, walls, and hedges.

17.05.090 Parking requirements.

17.05.100 Access.

17.05.110 Pedestrian safety.

17.05.120 Miscellaneous standards (Multiple-Residential Zone (R-3) only).

17.05.010 Intent and purpose.

A. Single-Family Residential Zone (R-1): The single-family residential zone (R-1) is designed to provide for conservation and development of stable, attractive single-family residential neighborhoods, protected from encroachment by uses which may be detrimental to the enjoyment of property rights. (Ord. 822 §1, 1989)
B. Multiple-Residential Zone (R-2): The multiple-residential zone (R-2) is designed to permit multiple development on existing smaller lots which are not suitable for more intensive multiple residential development. These regulations will permit better utilization of properties while retaining the low-density single-family appearance of the areas. (Ord. 822 §1, 1989) C. Multiple-Residential Zone (R-3): The multiple-residential zone (R-3) is designed to provide areas throughout the city in which a range of multiple residential development can be located and protected from encroachment by incompatible uses. (Ord. 822 §1, 1989)

17.05.020 Uses.

No building or structure shall be erected, reconstructed or structurally altered or enlarged nor shall any building, structure or land be used for any purpose except as allowed by this chapter. (Ord. 822 §1, 1989)
Table 17.05.020-A Permitted Uses
Zone
Use Single-Family
Residential Zone
(R-1)
MultipleResidential
Zone (R-2)
MultipleResidential
Zone (R-3)
One additional single family dwelling
(provided the lot contains a minimum
of 10,000 sqft of lot area and provided
that all setbacks, lot coverage
limitations and parking requirements
can be met)
P X X

Agricultural uses X X X
Boarding or roominghouses (10 guests
or fewer)
C C C
Places of Worship X X X
Commercial Uses X (except as
permitted within
this table)
X (except as
permitted
within this
table)
X (except as
permitted
within this
table)
Community care facilities (6 persons or
fewer)
P P P
Community care facilities (7 persons or
more)
P P P
Conversion of a garage into any other
use except ADUs as permitted by state
law (unless a replacement garage in on
site)
X X X
Duplexes P P P
Emergency shelters, transitional and
supportive housing
P P P
Ground-mounted satellite antennae –
accessory building/use
P P P
Home Occupation P P P
Large day care facilities (14 children or
fewer)
C C C
Metal buildings X X X
Mobile Home and trailer as part of an
approved mobile home/trailer park
(legally est. before January 01, 1980)
P P P
Mobile home parks X C C
Multiple-family dwellings (3 units or
more)
X P P
Off site signs (such as billboards) X X X
On site signs P P P
Patios – accessory building/use P P P
Private garages – accessory
building/use
P P P
Private swimming pools – accessory
building/use
P P P
Recreation rooms – accessory
building/use
P P P
Schools (public or private) X X X
Second units (pursuant to the
requirements spelled out in this
Chapter 17.05)
P P P
Senior citizen developments C C C

Single-family dwellings P P P
Small day care facilities (for the care of
8 or fewer children)
P P P
Supportive housing P P P
Triplexes X P P
Vegetable and flower gardens P P P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
A = Permitted as an Ancillary Use
X = Prohibited Use

17.05.030 Property development standards.

A. Property Development Standards for Single Family Residential Zone (R-1) – Generally:

Development standards for the R-1 zone can be found below in 17.05.030-A; large day care facilities and second units shall be subject to the additional development standards contained in Chapters 17.03, 17.10, 17.11, 17.12, 17.13 and 17.14, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-1 zone district regulations. (Ord. 822 §1, 1989)
B. Property Development Standards for Multiple-Residential Zone (R-2) – Generally: Development standards for the R-2 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to development standards of the R-1 zone, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-2 zone district regulations. (Ord. 822 §1, 1989)
C. Property Development Standards for Multiple-Residential Zone (R-3) – Generally: Development standards for the R-3 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to standards of the R-1 zone and townhouses and condominiums to the provisions of Section 17.11.130, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-3 zone district regulations. (Ord. 822 §1, 1989) Table 17.05.030-A Development Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone
(R-1)
MultipleResidential Zone
(R-2)
MultipleResidential Zone
(R-3)
Low density 1 to 8 du per acre N/A N/A
Medium density Prohibited 9 to 12 du per
acre
16 du per acre
Minimum lot area 5000 sqft 5000 sqft 11000 sqft
Minimum lot area per dwelling unit (du)
(single family)
5000 sqft (a second
unit does not
constitute a
dwelling unit)
5000 sqft (a
second unit does
not constitute a
dwelling unit)
5000 sqft (a second
unit does not
constitute a
dwelling unit)

Minimum lot area per dwelling unit (du)
(2- and 3-family dwellings)
Prohibited 3500 sqft 3500 sqft
Minimum lot area per dwelling unit (du)
(multi-family)
Prohibited Prohibited 2750 sqft
Minimum lot width (non-cul-de-sac) 50 ft 50 ft 75 ft
Minimum lot width (cul-de-sac) 30 ft at the front of
the property
50 ft at the rear of
the front setback
30 ft at the front
of the property
50 ft at the rear
of the front
setback
40 ft at front of the
property
75 ft at the rer of
the front set-back
Maximum lot coverage 52% 61% 61%
Minimum lot depth None 100 ft 100 ft
Maximum building height 2 stories or 28 ft
(whichever is less)
3 stories or 30 ft
(whichever is
less)
3 stories or 35 ft
(whichever is less)
Minimum distance between main
buildings
None specified 15 ft 15 ft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Single-family dwellings)
950 sqft 950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(duplexes)
Duplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(triplexes)
Triplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Detached second units)
500-640 sqft 150-640 sqft 150-640 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Attached second units)
Maximum : 15% of
gross floor area of
attached residence
Minimum : 150
sqft
Maximum : 15%
of gross floor
area of attached
residence or 200
sqft if residence <
1335 sqft
Minimum : 150 sqft
Maximum : 15% of
gross floor area of
attached residence
or 200 sqft if
residence < 1335
sqft
Refuse enclosures provision None specified Must be
provided when 2
or more units
located on site
Must be sufficient
refuse enclosures
provided to serve
each development
Refuse enclosure dimensions None specified 5 ft x 7 ft
Shall be
completely
enclosed by
5 ft x 7 ft
Shall be completely
enclosed by gates
but not by a roof

gates but not by
a roof
Refuse enclosure materials None specified None specified Wood, masonry, block or a
combination of
such materials

17.05.040 Minimum yard requirements.

Table 17.05.040-A Minimum Yard Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone (R1)
MultipleResidential Zone
(R-2)
MultipleResidential
Zone (R-3)
Front yard 20 ft 15 ft 15 ft
Side yard (interior or key lot) 5 ft on each side 5 ft on each side 5 ft on each side Side yard (corner or reversed corner lot) 10 ft on the street side
5 ft on the interior
side
10 ft on the
street side
5 ft on the
interior side
10 ft on the
street side
5 ft on the
interior side
Rear yard 15 ft 15 ft 15 ft
Through lot – setbacks on street frontage Equal to required yard depth
Equal to required
yard depth
Equal to
required yard
depth
Legally existing substandard widths and
depths
Side and rear yards
of not less than ten
or fifteen percent of
the required width
or depth,
respectively, shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent of
the required
width or depth,
respectively,
shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent
of the required
width or depth,
respectively,
shall be
maintained

17.05.050 Open space requirements – mul�ple dwellings.

A. Multiple Residential Zone (R-3): A minimum of four hundred square feet of ground level common open space per dwelling unit shall be provided for all multiple dwellings. This required area may be incorporated in landscaping or recreation areas for use by all residents, except that any multiple residential development of five or more units shall include in its design a formal outdoor recreation area for residents which shall include not less than fifty percent of the required open space. The planning commission shall have the authority to modify the percentage of formal recreational space based on the quality of the design submitted and the amenities provided. (Ord. 822 §1, 1989)

1. Open space shall consist of one (1) or more of the following amenities:
a. Playgrounds, play equipment, and/or tot lots;
b. Recreational facilities – fountains, sculptures, etc.;

c. Tennis courts, basketball courts, and similar sports courts; d. Recreational building(s)/room(s);
e. Game areas;
f. Picnic/barbecue areas; and
g. Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.

2. The remaining required usable open space may be fulfilled by providing one (1) or more of the following amenities:
a. Landscaping;
b. Gardens;
c. Benches; and
d. Secondary walkways or walks.

17.05.060 Electronic gates.

The provisions of Section 17.05.060 notwithstanding, a minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade. (Ord. 822 §1, 1989)

17.05.070 Landscaping.

All areas not used for buildings, structures, patios, parking or pedestrian walks shall be landscaped with ground cover or other low-water plantings. If an irrigation system is installed (such as sprinklers, bubblers, or diffuser heads) it shall be designed with water conservation in mind. For units in SingleFamily Residential Zone R-1, hose bibs not over fifty feet from any portion of the planted area shall be provided. (Ord. 822 §1, 1989). For units in Multiple-Residential Zones R-2 or R-3, one hose bib for each three automobile parking spaces shall be provided. (Ord. 822 §1, 1989) A. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios.

B. Front and Street Side Yards – Maximum Paving (Hardscape).

1. For properties with a width of sixty feet (60′) or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed forty percent (40%) of the area within the total front setback or street side setback.

2. For properties that are less than sixty feet (60′) wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty percent (50%) of the total front setback or street side setback.

17.05.080 Fences, walls, and hedges.

Single-Family Residential Zone (R-1)
A. Fences, walls and hedges shall be permitted in a required front yard setback provided that no sight obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased in height to six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design is approved by the

director of planning and community development. Fences and walls located to the rear of the front setback and along the side and rear property line shall not exceed six feet in height, except that fences, hedges and walls located adjacent to a freeway right-of-way shall not exceed ten feet in height; provided, that any height increase exceeding six feet will require a building permit.

B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:

1. The point of intersection with the prolongation of the curblines; or

2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.

C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A).

Figure 17.05.080-A Fences, Hedges and Walls—Corner or Reverse Corner Lot (Ord. 822 §1, 1989)
Multiple-Residential Zone (R-2)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.

B. Corner or Reversed Corner Lots. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:

1. The point of intersection with the prolongation of the curblines; or

2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.

C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989) Multiple-Residential Zone (R-3)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other see through materials and the design is approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.

B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:

1. The point of intersection with the prolongation of the curblines; or

2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.

C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989)

17.05.090 Parking requirements.

For each single-family, duplex, or triplex dwelling unit, not including second units, there shall be provided two parking spaces contained within an enclosed garage. See Chapter 17.16 for parking standards.

A. For each single-family dwelling, there shall be provided two covered parking spaces located within an enclosed garage. Each parking space shall be a minimum of ten feet by twenty feet.

B. Second Units. See Chapter 17.12 of this title.

C. Large Day Care Facilities. See Chapter 17.11 of this title.

D. Parking on Unpaved Areas. No parking, whether the provision of required spaces or other parking, shall be permitted on unpaved areas in the front setback or in the side yard of a corner or reversed corner lot except on an approved, paved driveway which leads to a garage, carport or approved parking area. (Ord. 822 §1, 1989)

17.05.110 Access.

A. No building permit shall be issued for any lot or parcel of land unless said lot or parcel has frontage on a dedicated and improved public street or on a private street conforming to street standards established by the city. (Ord. 822 §1, 1989)

1. Driveways to required garages having a setback from the street property line greater than forty feet (40′) shall have a minimum width of ten feet (10′) and a maximum width of twelve feet (12′) in the front or street side setback area. Driveways located outside of the setback area, shall be a minimum of ten feet (10′) wide.

2. Where required garage spaces are equal to or less than forty feet (40′) to the property line, the maximum width of a driveway shall not exceed eighteen feet (18′) or two feet (2′) wider than the opening of the garage door, whichever is greater, but in no event shall the maximum width exceed thirty feet (30′) at the front property line.

3. A driveway that serves as required access to a garage, in which the garage door is not parallel to the front property line, or side property line in the case of a corner lot, shall not exceed twelve feet (12′) in width at the property line, provide a maximum turn radius of twelve feet (12′), and a minimum twenty-four foot (24′) back up (see Figure

17.05.110).

Figure 17.05.110-A Access to garage
B. A back up triangle on the garage side closest to the residence shall be required as depicted in Figure 17.05.110-B. The sight area shall be free from visual and physical obstructions.

Figure 17.05.110-B Back-up Triangle

C. When a driveway and walkway are parallel to each other, there shall be a minimum two foot (2′) separation between the driveway and walkway. Said separation shall be landscaped with a combination of mulch, plants, shrubs, (no rock, pebbles, decomposed granite or similar material).

17.05.110 Pedestrian Safety
A. Multiple-Residential Zone (R-3): Each driveway serving a multiple dwelling building or complex shall contain not less than two strips of bomanite or comparable material to provide warning of approaching or departing vehicles. The strips shall be a minimum of ten feet in depth and shall extend the full width of the driveway. One strip shall be located within six feet of the entry to the driveway, the second shall be located approximately midway in the drive. These strips shall be shown on the site plan for the development. (Ord. 822 §1, 1989)

1. The minimum required dimension of a parking space shall be ten feet (10′) wide by twenty feet (20′) in depth; with a two (2) car garage or carport having a minimum interior measurement of twenty feet (20′) wide and twenty feet (20′) in depth.

2. Access to garages, carports, or automobile parking areas required by this section which serve four (4) or less multiple dwelling units shall have an unobstructed paved driveway not less than ten feet (10′) in width. Each required parking space, including garages, carports, or automobile parking areas, shall have a back up area as depicted in the figure above.

3. Access to garages, carports, or automobile parking areas required by this section which serve five (5) or more multiple dwelling units shall have an unobstructed paved driveway not less than twelve feet (12′) in width for one (1) way only driveways and twenty feet (20′) in width for two (2) way driveways. Each required parking space, including garages, carports, or automobile parking areas.

17.05.120 Miscellaneous standards (Mul�ple-Residen�al Zone (R-3) only).

A. Ligh�ng. Ligh�ng designed to reduce hazards and to illuminate poten�ally unsafe areas such as walkways, passages between buildings, garage areas and parking areas and areas containing heavy or high foliage shall be installed. Considera�on should be given to both elevated and ground level ligh�ng and all ligh�ng shall be designed to ensure that neighboring proper�es or

public streets are protected from direct or hazardous glare. The loca�on, foot candle power and type of light fixtures shall be shown on the site plan.

B. Refuse enclosures. There shall be a refuse enclosure provided when two or more units are located on a site. This enclosure shall have minimum interior dimensions of five feet by seven feet and shall be completely enclosed, including gates, but excluding a roof. The placement and design of such enclosure shall be determined during review of the development. (Ord. 822 §1, 1989)

Chapter 17.06
COMMERCIAL ZONES – STANDARDS AND USES
Sections

17.06.010 Intent and purpose.

17.06.020 Uses.

17.06.030 Residential uses.

17.06.040 Property development standards.

17.06.050 Minimum yard requirements.

17.06.060 Accessory buildings and structures.

17.06.070 Landscaping.

17.06.080 Fences, walls, and hedges.

17.06.090 Outdoor storage and operations.

17.06.100 Outdoor display of merchandise for sale.

17.06.110 Exterior lighting facilities.

17.06.120 Refuse enclosures.

17.06.130 Access.

17.06.140 Parking, loading, truck and vehicle codes and requirements.

17.06.010 Intent and purpose.

The intent and purpose of the Commercial Zone (C) is to provide areas throughout the city in which commercial facilities designed to serve a broad area with a wide range of commercial services may be located. Such zone districts will generally be located along arterial and collector streets and will buffer residential areas from traffic, noise, and pollutants. It is the objective of this chapter to achieve development which will be compatible with surrounding uses. (Ord. 822 §1, 1989)

17.06.020 Uses.

No building or structure shall be erected, reconstructed, structurally altered, or enlarged, nor shall any building, structure or land be used for any purpose except as provided in this chapter. The following uses shall be permitted in the Commercial Zone (C). (Ord. 822 §1, 1989) Table 17.06.020-A Uses for Commercial Zone (C)
Zone
Categories Uses Commercial Zone (C)
Agricultural Facilities Agricultural uses X
Aviaries X
Catteries X
Kennels X
Stables X
Automobile and
Other Vehicle Sales
Automotive sales, leasing, or rental further
than 500 ft away from SR-60
P
Automotive sales, leasing, or rental within 500
ft of SR-60
C
Eating and Drinking
Establishments
Bars (including entertainment and off-sale of
alcoholic beverages)
C

Beverage lounge C
Cafes P
Cafeterias P
Nightclubs (including entertainment and offsale of alcoholic beverages)C Off-sale of alcoholic beverages other than beer
or wine within five hundred linear feet of any
church, school, or park
X
Off-sale of beer and wine on the site of an
automobile service station, subject to the
provisions of Section 17.11.090
C
On-sale of alcoholic beverages in association
with restaurants, cafés, cafeterias, and similar
eating establishments, subject to the
provisions of Section 17.11.100
C
Restaurants P
Retail bakeries, all goods sold at retail, on site P
Taverns (including entertainment and off-sale
of alcoholic beverages)
C
Financial Banks, savings and loans and other similar
financial institutions
P
General Commercial
Uses
Adult businesses pursuant to the provisions of
Chapter 17.10
P
Amusement arcades C
Billiard halls C
Bowling establishments C
Certain commercial activity in conjunction
with, or on the site of an automobile service
station, subject to the provisions of
Chapter 17.11
C
Commercial athletic recreation facilities
(handball, racquetball)
P if no alcohol sold or
consumed on site
Fortunetelling P
Health clubs P if no alcohol sold or
consumed on site
Indoor theatres C
Live entertainment C
Massage establishments C
Miniature golf courses C
Pool halls C
Retail businesses P
Spas P if no alcohol sold or
consumed on site
Wholesale businesses, including warehousing
and distribution
X

Medical Facilities Ambulance services X
Pharmacies associated with medical/dental
uses
P
Dental Laboratories P
Dental Offices P
Medical Laboratories P
Medical Offices P
Professional and
Office Uses
Business and professional offices P
Business services P
Wholesale businesses, including warehousing
and distribution
X
Residential Uses Emergency shelters P
Hotels C
Motels C
Residential uses and structures except as
specifically permitted by Section 17.06.030
X
Services and
Equipment
Auto detail shops further than 500 ft away
from SR-60
P
Auto detail shops within 500 ft of SR-60 C
Auto glass installation within 500 ft of SR-60 C
Auto overhaul or repair C
Auto paint shops C
Auto upholstery within 500 ft of SR-60 C
Auto upholstery and auto glass installation (all
activities are to take place within a completely
enclosed building with no openings other than
required emergency fire exits, facing or
adjacent to any residentially zoned property)
P if located more than
five hundred feet of SR60
Automobile service stations (minor repair
only) within 500 ft of SR-60
C
Automobile service stations (minor repairs
only) further than 500 ft away from SR-60
P
Automotive repair facilities, including body
and fender shops
C
Car washes further than 500 ft away from SR60P
Car washes within 500 ft of SR-60 C
Engine rebuild C
Manufacturing uses X except where
manufacturing occupies
< 5% of gross floor area
and all goods
manufactures are sold at
retail, on suite
Public utility facilities P