Other Accessory buildings and uses normally
associated with any permitted use
P
Any other use not specifically permitted or
prohibited, which is determined to be
compatible with the permitted uses of the
commercial zone
C
Any use listed as a conditional use in this table,
except that hotels, public utility facilities and
on-sale of alcoholic beverages in association
with restaurants, cafés, cafeterias, and similar
eating establishments shall be permitted with
a conditional use permit
X if adjacent to or across
from public/private
street from a residential
zone district
Any use when such use is determined to be
hazardous in nature, either by virtue of activity
or product, or through the emission of noise,
pollutants, or hazardous effluent;
X
Gateway signs, subject to the provisions of
Chapter 17.15
S
Metal buildings as defined in
Section 17.11.070
X
On-site advertising in accordance with Chapter
17.15 P
Personal services P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
17.06.030 Residen�al uses.
Each residential use and structure legally existing as of January 1, 1980, is a permitted use in the commercial zone.
A. Residential uses and structures as set forth in this chapter are defined herein as single-family residential dwellings, two-family dwellings, three-family dwellings, multiple-family dwellings, and mobile homes or trailers designed and used for residential occupancy located within a mobile home park legally established prior to January 1, 1980. Each such mobile home park legally established prior to January 1, 1980, shall comply with the provisions of Section 17.11.080.
B. The development standards set forth in this Chaptershall apply to each residential dwelling permitted by this section, except townhouses and condominiums.
C. The development standards set forth in Section 17.11.130 of this Code shall apply to each townhouse and condominium permitted by this section.
D. The development standards set forth in the applicable sections of Chapter 17.11 that are applicable to mobile home sites and structures shall apply to each mobile home and trailer permitted by this section. (Ord. 984 §2, 1996)
17.06.040 Property development standards.
The following standards shall apply to uses within the Commercial Zone (C) provided that automobile service stations, public utility facilities, public and quasi-public buildings and facilities and drive-through and walkup restaurants, and buildings constructed adjacent to or directly across a public or private street from a residentially zoned district shall be subject to development standards contained in Chapter
17.11 of these regulations; 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 commercial zone district regulations. Notwithstanding the above, residential uses and structures permitted by Section 17.14.030 shall be subject to development standards contained therein. (Ord. 984 §4, 1996; Ord. 822 §1, 1989)
Table 17.06.040-A Development Standards for Commercial Zone (C) Zone Commercial Zone (C)
Minimum lot area No minimum
Maximum building coverage 50%
Minimum lot width No minimum
Minimum lot depth No minimum
Maximum building height (adjacent to residential zone) 28 ft Maximum building height (not adjacent to residential zone) No maximum
17.06.050 Minimum yard requirements.
Table 17.06.050-A Minimum Yard Standards for Commercial Zone (C) Zone Commercial Zone (C)
Front yard 10 ft
Side yard (interior or key lot) No requirements, except a 10 ft yard when abutting/across from a residential zone
Side yard (corner or reversed corner lot) 10 ft
Rear yard No requirements, except a 10 ft yard when
abutting/across from a residential zone
Through lot Maintain the required front yard setback on each frontage required by the zone in which the lot is
located
17.06.060 Accessory buildings and structures.
Accessory buildings and structures shall conform to the standards contained in Chapter 17.12. (Ord. 822 §1, 1989)
17.06.070 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as all other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, ground cover, or other plant materials and shall include an accepted automatic irrigation system (sprinklers, bubblers, or diffuser heads) or hose bibs not over fifty feet from any portion of a planted area and all landscaping shall be contained within six-inch concrete or eight-inch masonry curbing.
17.06.080 Fences, walls, and hedges.
A. A solid masonry wall eight feet in height shall be constructed and maintained along any side or rear property line which adjoins a residen�al zone, school, church or park, except that the wall shall not exceed forty-two inches in height when it adjoins the front setback of the adjacent residen�al property, except that the fence may be increased to a height of six feet if the increase in height consists of wrought iron, chain link or other “see-through” material and the design is approved by the director of planning and community development.
B. Any fence or wall located in the front of any building must be located to the rear of the required setback. No fence or wall in the front of any building may exceed forty-two inches in height if constructed of solid or sight obscuring materials but may be increased to a total height of six feet if wrought iron, chain link or other “see-through” materials are used, and the design is approved by the director of planning and community development.
C. Corner or Reversed Corner Lot. On property at any corner formed by intersec�ng streets it shall be prohibited to construct, install, or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point located at either:
1. The point of intersec�on with the prolonga�on of the curb lines; or
2. The point of intersec�on of the prolonga�on of the edge of the paved roadway when curb lines do not exist.
D. 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 intersec�on, or in the case of rounded corners, the triangular area included between the reference point and the curb line or edge of paved roadway line forty feet from the point of their intersec�on (see Figure 17.05.080-A). (Ord. 822 §1, 1989)
17.06.090 Outdoor storage and opera�ons.
Except as permitted by Section 17.06.100, all business operations in the commercial zone must be conducted entirely within a completely enclosed building. However, automobile, and light truck sales, automobile service stations, outdoor dining, and other businesses which, by their nature, require operations outside of a building may be conducted outside of a building. Also, certain ancillary operations, such as the immediate loading and unloading of merchandise and supplies, routine property and building maintenance and permitted advertising may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily stored in approved and permitted trash enclosure area(s) for not more than seven days. (Ord. 1057 §1, 2004; Ord. 822 §1, 1989)
17.06.100 Outdoor display of merchandise for sale.
Businesses selling merchandise at retail may display sale or promotional items outdoors subject to the following regulations
A. The merchandise must be displayed on the same lot as the principal location of the business.
B. The area occupied by the outside display of merchandise shall not exceed an area greater than the gross square footage of the principal building on the lot multiplied by a factor of 0.025. The maximum permissible area occupied by outdoor display of merchandise shall be five hundred square feet.
C. The displayed merchandise must be grouped into a single area and visible from the public street. The displayed merchandise shall not block, or diminish the public view of, or physical access to, any other business or use.
D. The merchandise may not be displayed on, or over, any public right-of-way and may not be located within ten linear feet of any public right-of-way.
E. The displayed merchandise may not be in, or encroach into, any required yard or setback, or unpaved area.
F. The displayed merchandise must not be in, or encroach into, any designated driveway, required parking space, or designated fire lane.
G. The displayed merchandise may not block any doorway, designated private pedestrian walkway or access for the handicapped.
H. The merchandise may not be displayed on top of any portion of any building, hung from, or affixed to building walls, rafters, or eaves. Nor may any merchandise be hung from, or affixed to, any fence or wall or inflatable device.
I. The outdoor display of merchandise shall be subject to all applicable health, safety, and fire codes.
J. The outdoor display of merchandise for sale, is in and of itself, a form of advertising and no additional signage shall be permitted for the displayed merchandise except price signs measuring no larger than three inches by five inches may be affixed to the items displayed for sale.
K. The outdoor display of merchandise shall be subject to an outdoor display site plan review and approval by the planning commission and said approval shall be subject to conditions, if any, that may be imposed by the planning commission as needed to mitigate any potential negative effects created by the proposed outdoor display, and the planning commission shall deny the application if the planning commission finds that the outdoor display would be detrimental to persons or properties in the immediate vicinity of the subject property or to the city in general. The planning commission may revoke any approval for cause.
L. Application for an outdoor display site plan approval shall be made on application forms supplied by the city and pursuant to the instructions provided by the city. At the time of submittal, applicant shall pay an application fee in the same amount as the application fees established for development site plan review. (Ord. 1057 §2, 2004)
17.06.110 Exterior ligh�ng facili�es.
Exterior lighting facilities shall be arranged in a manner that will not provide a direct glare or create hazardous interference with highways and neighboring properties. (Ord. 822 §1, 1989)
17.06.120 Refuse enclosures.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry, block, or a combination of such materials and shall be designed to be compatible with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
17.06.130 Access.
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)
17.06.140 Parking, loading, truck and vehicle codes and requirements.
A. No parking, whether the provision of required parking spaces or other parking, including the storage of trucks or other similar types of equipment shall be permitted on unpaved areas. (Ord. 822 §1, 1989)
B. All loading docks and doors facing a public or private street shall be in such a manner that all truck maneuvering shall take place on-site .
C. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street whenever possible. (Ord. 822 §1, 1989) D. No vehicle maintenance or repair, other than that permitted by Section 17.06.020 shall take place on any lot in the Commercial Zone (C). (Ord. 822 §1, 1989)
Chapter 17.07
MIXED-USE ZONES – STANDARDS AND USES
Sections
17.07.010 Applicability.
17.07.020 Permit requirements.
17.07.030 General development standards.
17.07.040 Additional development standards.
17.07.050 Setback requirements and exceptions.
17.01.010 Purpose and applicability.
The purpose of these regulations is to serve the public health, safety and general welfare by establishing zone
The Commercial-Residential zoning district (C-R) is applied to areas appropriate for a mix of commercial and residential activities in conformance with the General Plan. This district allows for a mix of commercial and residential uses, or just commercial, or just residential land uses. (Ord. 1161 §1, 2012)
17.07.020 Permit requirements.
A. Permited Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the commercial-residen�al zone shall be erected, structurally altered, enlarged or established except the following permited uses, buildings and structures iden�fied with a “P” in Table 17.07.020-A.
B. Condi�onal Uses and Structures. The following uses and structures iden�fied with a “C” in Table
17.07.020-A may be permited in the commercial-residen�al zone subject to approval of a condi�onal use permit.
C. Temporary Uses. Temporary uses iden�fied with as “T” in Table 17.07.020-A shall be allowed subject to approval and compliance with all applicable provisions of this zoning code.
D. Prohibited Uses. Prohibited uses are iden�fied with no entry in the second column.
Table 17.07.020-A Uses for Commercial-Residen�al Zone (C-R) Land Uses C-R
Accessory Uses and Structures
Accessory uses, buildings and structures, including gazebos, greenhouses, noncommercial workshops, cabanas, dressing rooms, recrea�onal buildings and restrooms
P
Antennas (pole type) and flagpoles P
Dish antennas C
Home occupa�ons subject to the approval of a home occupa�on permit P Incidental outdoor storage shall be permited provided such storage is conducted wholly within an area completely enclosed by a masonry wall not less than 5.5 feet in P
Land Uses C-R
height, with all entrances and exits enclosed with opaque gates equal in height of the wall. No outdoor storage shall be permited to project above the height of the masonry wall
Swimming pools, spas and saunas P
Tennis, paddleball, badminton, volleyball and similar recrea�onal courts P Solar energy equipment P
Educa�on, Public Assembly, Recrea�on
Commercial court game facili�es, including, but not limited to, racquetball, tennis, paddleball, badminton and volleyball courts
C
Gymnasiums and health clubs including diet centers and tanning salons C Places of amusement (bowling alleys, ice ska�ng, roller rinks) C Places of worship P
Private educa�onal ins�tu�ons (not allowed on the first floor) C Theaters C
Residen�al Uses
Live/work units provided that the commercial por�on is an office, retail or service use that is permited in the C-R zone
C
Mixed-use development with a residen�al component P
Mul�ple residen�al dwelling units, including senior and affordable housing developments
C
Single-family with a minimum density of 30 units per acre. The minimum number of units on each lot is 16 units per lot
P
Mul�ple-family residen�al, affordable housing and single room occupancy (SRO) with a minimum density of 30 units per acre
P
Retail Uses
Alcoholic beverage sales, serving or consump�on within any use permited in the C-R zone
C
Art stores or galleries P
Audio and visual products P
Land Uses C-R
Bakery shops, including baking of products sold on the premises only; baking for off-site sales prohibited
P
Bicycle, sales and service P
Camera stores P
China and glassware stores P
Christmas tree sales lots, when maintained between November 1 and December 31 T Clothing and apparel stores P
Delicatessens P
Drapery stores P
Drugstores P
Florist and plant shops P
Food stores and markets P
Furniture stores P
Gi� shops P
Hardware stores P
Hobby shops P
Household appliance and repair shops P
Ice cream parlors P
Interior decorator shops P
Jewelry stores (including incidental fabrica�on) P
Ligh�ng stores P
Liquor stores C
Lock and key services P
Mail order houses, retail P
Music stores P
Nurseries and garden supplies P
Land Uses C-R
Office uses P
Paint and wallpaper stores P
Pet shops P
Pumpkin sales lots, when maintained between October 15 and November 1 T Radio, television and similar electronic component stores P Restaurants, fast food P
Restaurants, full service P
Shoe stores P
Spor�ng goods stores P
Stamp and coin shops P
Sta�onery stores P
Supermarkets P
Taverns C
Tobacco shops P
Toy stores P
Typewriter and office machine sales and service P
Service Uses
Answering services P
Automobile service sta�ons C
Banks, savings and loans, and finance services P
Beauty shops P
Carpet cleaning services P
Car washes (full- or self-service) C
Copying services, including, but not limited to, photo sta�ng and blueprin�ng P Data processing services P
Day care centers C
Land Uses C-R
Diet centers P
Domes�c pet grooming shops; provided that no animals shall be kept on the premises overnight
P
Dry cleaning and laundry establishments (non-industrial) P Electrical appliance repair shops P
Employment agencies P
Hotel and extended stay uses C
Hospitals P
Laundry operated exclusively as a retail-business with laundry machines that are the automa�c type and capable of being operated by the public. Such use shall not include machines ordinarily found in industrial type uses
P
Linen supply services P
Massage establishment C
Medical and dental laboratories above the first level only P Nightclubs C
Parcel delivery and pick up services P
Pawnshops C
Photocopying and blueprin�ng services P
Photo developing stores P
Portrait studios P
Prin�ng, other than publishing services P
Shoe repair P
Tailor, custom altera�on shops P
Tanning salons P
Tire stores P
Tire stores within 500 feet of SR 60 C
Tire stores with �re installa�on services C
Land Uses C-R
Tools sharpening and repair services P
Travel agencies P
Vehicle repair garages
Veterinary offices, including hospitaliza�on services P Water so�ener services P
Transporta�on and Communica�on Uses
Parking lot/structure facili�es C
Privately operated public u�lity uses, structures or transmission facili�es C Publicly operated public u�lity uses P
Wireless telecommunica�on facili�es integrated into a building façade or structure or located behind a roof parapet; and located at least 300 feet from any residen�al zone, measured as the shortest distance, without regard to intervening buildings, from the nearest point of the proposed wireless telecommunica�on facility to the nearest point of the zone district boundary
C
(Ord. 1239 §6, 2019; Ord. 1228 §5, 2018; Ord. 1217 §5, 2017; Ord. 1195 §11, 2015; Ord. 1161 §1, 2012) P = Permited as a Principal Use
C = Permited as a Condi�onal Use
T = Permited as a Temporary Use
17.07.030 General development standards.
Table 17.07.030-A Commercial-Residen�al District General Development Standards Development Feature C-R
Minimum Lot Size Minimum lot area and width required for new parcels Area 15,000 square feet
Width 100 feet
Maximum Residential Density 35 dwelling units per acre when abutting a single-family zone; 87 dwelling units per acre when abutting a
multifamily zone; 100 dwelling units per acre when not
abutting any residential zone
Minimum Residential Density For developments comprised solely as residential, 20 dwelling units per acre
Front and Side Yard Setbacks None
For residential development only, 10 feet shall be required Interior Setback Abutting a Residential
Zone
5 feet for one story, 15 feet for two stories and 25 feet for three to five stories. Setbacks are measured from the
residential property line
Exceptions to Setbacks Requirements See Section 17.07.050 for setback exceptions Distance Between Dwellings N/A
Maximum Height Limits Maximum building height is 5 stories or 65 feet for commercial, commercial/residential and residential
developments
Accessory Structures N/A
Landscaping Minimum 10% of lot area
Fences and Walls See Section 17.06.080 for commercial uses and Section 17.05.080 for residential uses only
Rooftop Equipment Must be screened from public view
Lighting Photometric plan is required
Trash Collection Areas Minimum dimensions: 8′ x 10′ interior must be enclosed and screened from public view with a decorative structure Parking and Loading Parking demand study required
A. Minimum Lot Size for Mul�family Development. The minimum lot size in the C-R zoning district shall be fi�een thousand square feet for new mul�family housing development.
B. No Setback Requirements for the First Two Floors from the Garvey or Santa Anita Avenue Property Lines. Above the second story, the setback from the Garvey or Santa Anita Avenue property lines shall be a minimum of five feet. All residen�al units developed at ground level along Garvey or Santa Anita Avenue shall be required to maintain a ten-foot setback from the front street property line.
C. Minimum Setbacks. No setbacks required from the street property line, except as required for corner cutoffs at intersec�ons and residen�al development. If setbacks are provided, these areas shall only be used for landscaping and ac�ve pedestrian areas (e.g., plazas, outdoor dining). All street adjacent parking shall be set back a minimum of five feet and the setback area shall be fully landscaped.
D. Corner Cutoff at Intersec�on. In order to maintain visibility at intersec�ons and to provide architectural interest for buildings at corner loca�ons, buildings shall provide a ten-foot minimum corner cutoff and shall have an entrance to the building from this area. The minimum cutoff area shall be a triangular area that is determined by measuring ten feet back from the corner along both street property lines and drawing a line between the two points.
E. Landscaped Buffer Within Setback Area. Landscaped buffer required. A minimum five-foot wide landscaped buffer shall be provided on the subject property adjacent to any residen�ally zoned property or intervening alley regardless of the actual building setback that is provided. A landscaped buffer is not required adjacent to an alley at areas where direct vehicular access is provided to the subject property. (Ord. 1240 §5, 2020; Ord. 1161 §1, 2012)
17.07.040 Addi�onal development standards.
A. Limita�ons and Excep�ons to Permited Uses and Structures. Notwithstanding any other provisions of this chapter, the following limita�ons shall apply to the conduct of any use permited in C-R zone as applicable:
1. All uses except outdoor ea�ng areas, parking, growing plants, cut flowers, Christmas tree lots, pumpkin sales lots and provision and storage of shopping carts shall be subject to specific standards contained within this chapter; addi�onally in the C-R zone, car washes, incidental or temporary uses, service sta�ons, storage yards, vehicle storage or display, �re store uses, and vending machines (vending machines shall not include coin operated amusement devices, rides, scales, or similar devices) shall be conducted en�rely within a completely enclosed building which is atached to a permanent founda�on. There shall be no outside storage of tools, equipment, supplies or materials.
2. No wholesaling of goods and materials shall be permited in the C-R zone; retail sales to the general public only shall be permited.
3. Shopping cart storage shall be located on-site adjacent to the entry of a building and shall be screened with a minimum three-foot, six-inch high solid wall/fence or combina�on of fence and landscaping to obscure the visibility of shopping carts from the adjacent public rights-of-way.
Where the director of the community development department, in his or her discre�on, determines that screening interferes with the cart removal/retrieval “opening” given the unique loca�on of the building (e.g., corner structure where cart storage may be visible from two or more intersec�ng public rights-of-way), the director of the community development department shall exempt the “opening” from the screening requirement and shall determine the orienta�on, loca�on, size and configura�on of the unscreened “opening.” Shopping cart storage shall not intrude into any required pedestrian passageway or public right-of-way.
4. All shopping carts shall be contained or controlled within the boundaries of store premises, in accordance with the standards set forth in the Title 8, Chapter 8.26.
B. Performance Standards. In accordance with the goals and precepts of the comprehensive General Plan of the city environmental performance standards are hereby established to protect the community from hazards, nuisances and other nega�ve factors; to ensure that land uses are not operated in such a manner as to cause a detrimental effect on adjacent land uses or the community environment; and to preserve and enhance the lifestyle of South El Monte residents through the protec�on of the public health, safety and general welfare. In the C-R zone, the following guidelines shall be evaluated on the basis of whether or not the ac�vity is obnoxious to a person of normal sensi�vity.
1. General Provisions. No land, building or structure shall be used or occupied in any manner so as to create or maintain any dangerous, injurious, noxious or otherwise objec�onable condi�on caused by fire, explosion or other hazards; noise or vibra�on; smoke, dust or other form of air pollu�on; liquid or solid refuse or waste; or any other substance, condi�on or element used in
such a manner or in such amount as to adversely affect the surrounding area or adjoining premises.
2. Air Quality. Any ac�vity, opera�on, or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regula�ons of the South Coast Air Quality Management District and with the following:
a. Visible Emissions. No visible emissions of air contaminants or par�culate mater shall be discharge into the atmosphere. No combus�ble refuse incinera�on shall be permited. b. Dust. Windborne dusts and debris across lot lines shall be prevented by plan�ng, we�ng, compac�ng, paving or other suitable treatment of land surface; storing, trea�ng or enclosing materials; controlling sources of dust and debris by cleaning; or, such other measures as may be required.
c. Odors. No odorous material shall be permited so as to be obnoxious to persons of normal sensi�vity as readily detec�ble at the property line or at any point off-site where the odor is greater.
3. Vibra�on. No ac�vi�es shall be permited which cause objec�onable vibra�on to adjoining property except for construc�on ac�vi�es in connec�on with an effec�ve building permit.
4. Noise. No noise shall be generated which causes the maximum sound level to exceed the noise levels specified in the Title 8, Chapter 8.20. Further, in a mixed use project, no increase in the ambient noise base level for nonresiden�al uses shall be permited. Such noise measurements shall be taken at the residen�al zone property line, or at any point within an abu�ng residen�al zone, or at a point within the residen�al por�on of the mixed use project, where the noise level from the nonresiden�al use is greater. No steady impulsive noise (such as hammering or rive�ng) or steady audible tone components (such as whines, screeches or hums) shall be detec�ble from any residen�al use which is part or adjacent to the mixed use project.
C. Dwelling Unit Size. The gross floor area of any dwelling unit in the C-R zone shall be not less than provided herein. For the purpose of this sec�on, dens, studies or other similar rooms which may be used as bedrooms shall be considered bedrooms. Living rooms, dining rooms, kitchens or bathrooms shall not be considered bedrooms, except that separate dining rooms in efficiency units or rooms that could be converted into addi�onal bedrooms shall be considered bedrooms.
Table 17.07.040-A Minimum Size Requirements
Unit Type Minimum Size Requirements
Efficiency and one-bedroom units 750 square feet for the residen�al development Two-bedroom units 900 square feet for the residen�al development Three- or more bedroom units 1,100 square feet for the residen�al development Senior affordable units 540 square feet
D. Outdoor Space. A minimum outdoor space of one hundred forty square feet shall be provided per dwelling unit. Outdoor space may be provided as common or private space. Any common outdoor space shall have a minimum level surface dimension of twenty feet and a minimum area of four hundred square feet.
E. Distance Between Dwellings. A minimum distance of ten feet shall separate exterior walls of separate buildings containing dwelling units on the same lot. The windows or window/door or any one dwelling unit may not face the windows or window/door of any other dwelling unit unless separated by a distance of ten or more feet except where the angle between the wall of the separate dwellings units is ninety degrees or more. Walls parallel to each other shall be considered to be at a zero degree angle.
F. Access to Dwelling Units. An elevator shall be provided to serve all stories in a building containing more than three dwelling units where the floor area of any dwelling units is located only on the third story and other dwelling units are located on the first and second stories.
G. Laundry Facili�es. Laundry facili�es shall be provided to serve all residen�al dwelling units on a lot.
Such laundry facili�es, cons�tu�ng washer and dryer appliances connected u�li�es, shall be provided in the individual dwelling units where there are three or less dwelling units on a lot. Where there are more than three dwelling units on a lot, laundry facili�es shall either be provided in the individual dwelling units or in a common laundry room. A common laundry room shall be in an accessible loca�on and shall have at least one washer and one dryer for each five welling units. A minimum of two washers and dryers shall be provided at all �mes. The washer and dryers shall be maintained in operable condi�on and accessible to all tenants daily between the hours of seven a.m. to ten p.m.
H. Storage Space—Private. A minimum of ninety cubic feet of private storage space shall be provided for each residen�al dwelling unit outside such unit unless a private atached garage, serving only the dwelling unit, is provided. Such private storage space shall have a minimum horizontal surface area of twenty-four square feet and shall be fully enclosed and lockable. (Ord. 1161 §1, 2012)
17.07.050 Setback requirements and excep�ons.
A. Street Front and Street Side Setback. In the C-R zone, no person shall construct, locate or maintain within the space between a street and a setback line established by ordinance or by this �tle, any building, wall, fence or structure except:
1. General Excep�ons.
a. Driveway and walks, provided that a driveway shall be limited to that area reasonably necessary to provide safe and efficient ingress to and egress from off-street parking spaces located behind a setback area.
b. Eaves may project into a required setback area for a distance not to exceed thirty inches. c. Flagpoles limited to one per site.
d. Foo�ngs and public u�lity vaults if fully subterranean. e. Landscape accent ligh�ng not to exceed eighteen inches in height. f. Necessary railings adjacent to stairways.
g. Retaining walls, planters or curbs which are not more than eighteen inches in height above the ground surface exis�ng at the �me of construc�on.
h. Subterranean parking garages may extend to the street property line including equipment, service, u�lity and storage areas provided such areas do not have any door, window or other opening to the outside along the street property line.
i. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level at the loca�on of the construc�on may project into the required setback area to the property line.
2. Storage of Material Prohibited. No person shall store materials or equipment within the space between a street and a setback line established by ordinance or by this chapter, except temporarily during construc�on on the same premises.
B. Interior Setback (Excep�ons). In the C-R zone, no person shall construct, locate or maintain within the space between a property line and an interior setback line established by ordinance or by this �tle, any building, wall, fence or structure except:
1. General Excep�ons.
a. Boundary line walls.
b. Eaves may project into a required setback area for a distance not to exceed thirty inches, provided they do not project closer than thirty inches to an interior property line. c. Foo�ngs and public u�lity vaults if fully subterranean. d. Driveways, walks and parking areas including ligh�ng pursuant to the provisions of Chapter
17.60. e. Railings adjacent to stairways.
f. Subterranean and semi-subterranean parking garages may extend to the interior property line including equipment, service, u�lity and storage areas provided such areas do not have any door, window or other opening to the outside along the interior property line. g. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level at the loca�on of the construc�on may project into the required setback are four feet for a length of fourteen feet measured parallel to the building.
2. Storage Prohibited. No required interior setback area shall be used to store any motor vehicle, trailer, camper, boat or parts thereof, equipment or any type of antenna except as provided for in this �tle. (Ord. 1161 §1, 2012)
3. Interior Setbacks abu�ng a Residen�al Zone:
a. Setback standards:
i. 5 feet for one story.
ii. 15 feet for two stories.
iii. 25 feet for three to five stories.
b. Setbacks are measured from the residen�al property line.
Chapter 17.08
PUBLIC FACILITIES ZONES – STANDARDS AND USES
Sections
17.08.010 Intent and purpose.
17.08.020 Uses.
17.08.030 Uses allowed in public facilities zone.
17.08.040 Property development standards.
17.08.050 Minimum yard requirements.
17.08.060 Accessory buildings and structures.
17.08.070 Parking and loading requirements.
17.08.080 Landscaping.
17.08.090 Fences, walls, and hedges.
17.08.100 Outdoor storage and operations.
17.06.110 Refuse enclosures.
17.08.010 Intent and purpose.
The Public Facili�es zone (P-F) is established to provide areas throughout the city for the loca�on of a variety of public, quasi-public and ins�tu�onal facili�es. Such areas shall be developed in a manner designed to enhance the neighborhood and to protect the surrounding areas from unnecessary noise, traffic or other disturbance. (Ord. 822 §1, 1989)
17.08.020 Uses.
No building 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)
17.08.030 Uses allowed in public facili�es zone.
Table 17.08.030-A Uses for Public Facili�es Zone (P-F)
Zone
Uses Public Facilities (P-F)
Accessory buildings and uses customarily associated with any permitted use (see Chapters 17.12) A
Any public or quasi-public use not specifically permitted under this use table here (17.08.030) may be permitted subject to obtaining a conditional use permit in accordance with Chapter
17.03 of these regulations.
C
Any use not specifically permitted by this use table here (17.08.030) X
Churches and related facilities P
City Hall P
City yards P
Cultural Institutions C
Metal buildings as defined in Chapter 17.02 of these
regulations. X
Other public buildings P
Other quasi-public facilities P
Outdoor commemorative or fundraising events if sponsored by the city or by the use permitted on the site. A
Police and fire facilities P
Public libraries P
Public parks, recreational facilities and associated structures P Public utility facilities P
Schools (private) C
Schools (public) P
Special Events P
Water wells P
Wireless Communication Facilities C
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
A = Permitted as a Accessory Use
X = Prohibited Use
17.08.040 Property development standards.
The following property development standards shall apply to all uses within the P-F zone.
Table 17.08.040-A Development Standards for Public Facili�es Zone (P-F) Zone
Standard Public Facilities (P-F)
Minimum lot area Not Required
Maximum building coverage Not Required
Minimum lot width Not Required
Minimum lot depth Not Required
Maximum building height (adjacent to residential zone) 28 ft Maximum building height (not adjacent to residential zone) No maximum
17.08.050 Minimum yard requirements.
Table 17.08.050-A Minimum Yard Standards for Public Facili�es Zone (P-F) Zone
Standard Public Facilities (P-F)
Front yard 10 ft minimum and
landscaped
Side yard (interior or key lot) No requirements, except a 10 ft landscaped yard when
abutting/across from a
residential zone
Side yard (corner or reversed corner lot) 10 ft landscaped yard on the street side
Rear yard No requirements, except a 10
ft landscaped yard when
abutting/across from a
residential zone
17.08.060 Accessory buildings and structures.
Accessory buildings and structures shall conform to the standards contained in Chapters 17.12 of these regula�ons. (Ord. 822 §1, 1989)
17.08.070 Parking and loading requirements.
A. No parking, whether the provision of required parking spaces or other parking, shall be permited on unpaved areas, including the storage of trucks or similar types of equipment. The only excep�on to this rule shall be in the case of outdoor commemora�ve, special events or fundraising events permited by above.
B. All loading docks and doors facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
C. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street whenever possible.
D. Vehicle maintenance and repair must take place within a solid masonry structure enclosed on at least three sides with any openings, other than windows or fire exits, facing away from a public or private street. (Ord. 822 §1, 1989)
17.08.080 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, ground cover, or other plant material and shall include an accepted automa�c irriga�on system (sprinklers, bubblers or diffuser heads) or hose bibs not over fi�y feet from any por�on of a planted area and all landscaping shall be contained within a six-inch concrete or eight-inch masonry curbing.
17.08.090 Fences, walls, and hedges.
A. Interior Lots. Fences, hedges and walls shall be permited 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 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 intersec�ng streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point at either:
1. The point of intersec�on with the prolonga�on of the curblines; or
2. The point of intersec�on of the prolonga�on 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
intersec�on, 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 intersec�on.
D. On property which is located in a block which is otherwise en�rely zoned C-M or M and developed in permited manufacturing uses, fences or walls shall not exceed eight feet in height on sides, front or rear provided that any wall located on the front or side, in the case of a corner or reversed corner lot, shall be constructed to the rear of the required setback. If outdoor storage is constructed on the property, all fences must be sight-obscuring.
E. When parking is located so that vehicles are facing a public or private street, a minimum forty-two inch high decora�ve block wall shall be installed to the rear of the required setback. (Ord. 822 §1, 1989)
17.08.100 Outdoor storage and opera�ons.
All opera�ons must be conducted en�rely within a completely enclosed building except for ac�vi�es which, by their nature, require opera�ons outside of a building. Any outdoor storage of supplies, equipment or products is prohibited unless such storage is screened from public view by a solid masonry wall or sight-obscuring fence and does not extend above the height of the fence. All refuse enclosures shall be screened from public view. (Ord. 822 §1, 1989)
17.08.110 Refuse enclosure.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry block or a combina�on of such materials and shall be designed to be compa�ble with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
Chapter 17.09
INDUSTRIAL ZONES – STANDARDS AND USES
Sections
17.09.010 Intent and purpose.
17.09.020 Uses.
17.09.030 Residential uses.
17.09.040 Proximity to residential uses.
17.09.050 Property development standards.
17.09.060 Minimum yard requirements.
17.09.070 Landscaping.
17.09.080 Outdoor storage and operations.
17.09.090 Outdoor display of merchandise for sale.
17.09.100 Exterior lighting facilities.
17.09.110 Refuse enclosures.
17.09.120 Parking, loading, truck and vehicle codes and requirements.
17.09.010 Intent and purpose.
Manufacturing Zone (M): The purpose of the manufacturing zone (M) is to provide for and encourage the development of industrial uses in suitable areas throughout the city, and to promote a desirable and atrac�ve working environment with a minimum of detriment to surrounding proper�es and a maximum of protec�on for the permited uses through the prohibi�on of incompa�ble uses. (Ord. 822 §1, 1989) Commercial-Manufacturing Zone (C-M) : The purpose of the commercial manufacturing zone, C-M, is to provide areas within the city in which general commercial and limited manufacturing uses can be colocated. Development standards are imposed in order to control the type and intensity of uses and to ensure quality of design which will enhance the area in which the use is located and which will protect adjacent and neighboring proper�es. (Ord. 822 §1, 1989)
17.09.020 Uses.
Manufacturing Zone (M): 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 provided in this chapter. (Ord. 822 §1, 1989) Any other use not specifically permited or prohibited, which is determined to be compa�ble with the permited uses of the manufacturing zone is subject to a condi�onal use permit. (Ord. 1237 §5, 2019; Ord. 1195 §13, 2015; Ord. 1152 §3, 2011; Ord. 1151 §2, 2011; Ord. 978 §3, 1996; Ord. 963 §13, 1995; Ord. 822 §1, 1989) Any use not specifically permited by these regula�ons unless determined by the planning commission to be the same as, or similar to, a permited use is prohibited.
Table 17.09.020-A Uses for Industrial Zones – Manufacturing Zone (M) Zone
Uses Manufacturing Zone (M)
Accessory buildings and uses normally associated with any permitted use S Ambulance Services C
Any use which involves the mixing or handling of hazardous or toxic chemicals or products or requires the construction of any H-1 or H-2 structure
N
Any use which involves the use of cyclones or other similar methods of moving materials which would create noise levels above city standards as spelled out in Title 8
N
Any use which would involve heavy truck uses. Heavy truck uses meaning any use in which the movement of goods by truck on a regular basis is a major or principal part of the daily operation such as, but not limited to, distribution centers, moving and storage firms, steel distribution or any firm engaged primarily in transshipment of goods
N
Appliance repairs and service P
Audio and video recording studios P
Automotive impound and storage of inoperable vehicles X Automotive repair facilities, including body and fender shops, auto paint shops, engine rebuild, overhaul or repair, when located within 300 ft of a residential zone
C
Bakeries without retail P
Blueprint and Photocopy services P
Carpet and rug cleaning P
Catering facilities P
Drive-in movie theaters C
Existing single-family residence when such residence is occupied either by the owner of the property or the owner of a business when such is located on the site. The residence shall comply with regulations of the R-1 zone district and when any such structure is no longer occupied in accordance with the provisions of this chapter, it shall be removed within 60 days of notification that it is in violation of these regulations.
S
Gateway signs, subject to the provisions of Chapter 17.15 S Heavy metal works including drop forges, drop hammers, punch presses, forges and forging works N
Industrial uses when such uses are determined to be hazardous in nature, either by virtue of process or product or through the emission of hazardous effluents, offensive odors or pollutants
X
Junk yards, salvage yards, contractors’ equipment yards, building material yards, machinery and equipment storage yards X
Laboratories, commercial testing, experimental research or similar operations, except that any experimental or research use of animals shall be prohibited
P
Laundry or Dry Cleaning, Limited. An establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This includes self-service or coin-operated facilities P
Laundry, Unlimited. An establishment where large quantities of clothes and other fabrics are washed and/or ironed or dry-cleaned but are collected and delivered primarily by laundry employees
P
Living quarters for switchboard or security personnel subject to planning commission approval S
Machine shops employing such operations as deburring, the use of high speed drilling, sawing or cutting of metals; the use of any punch press over twenty tons capacity, and the use of brakes or other equipment capable of producing excessive noise or vibration, including drop hammers. See Title 8 for noise regulations
N
Manufacture or processing of perfumes, vinegar, yeast, sauerkraut, and similar highly aromatic products provided that no odors are allowed to emanate from the building(s) in which the operations occur or from the property in general
P
Manufacturing, repair, maintenance, preparation, compounding, processing, packaging, treatment, fabrication or assembly when not specified as a conditional use in the zone or prohibited by this use table here
P
Massage establishment C
Metal buildings as defined and regulated by 17.11.070 X Mini-warehouses or mini-storage facilities X
Offices related to, or supportive of, uses permitted in the manufacturing zone (M) P
Off-site signs and sign structures X
On-sale of alcoholic beverages in association with restaurants, cafés, cafeterias and other similar eating establishments C
On-site advertising in accordance with the provisions of Chapter 17.15 of these regulations P
Open storage, provided that the only materials, products, or equipment stored are necessary to the operation of the use being conducted on the site, that all storage is located within a fence, screened area, that storage does not exceed the height of any fence or wall permitted or required, and that storage is not placed within any required yard or parking area S
Outdoor market when conducted on a single site having an area of five acres or more in addition to the required parking area C Personal and business services serving the building or complex in which they are located. Such services may include cafeterias, barber and beauty shops, travel services and similar businesses.
S
Pest control operators and services P
Places of worship and schools (public and private) X
Plumbing, electrical, mechanical shops and services P
Public utility facilities P
Radio, television or cellular telephone transmission towers or telephone switching and relay facilities, in accordance with Section 17.11.120. P Recreational facilities, including, but not limited to, soccer facilities, basketball courts, and water polo facilities P
Refrigeration repairs and services P
Research and development P
Residential uses and structures except as specifically permitted by either this use table or Section 17.09.040 X
Restaurants, cafes, cafeterias, and other similar eating establishments without on-sale alcoholic beverages. P
Restaurants with a drive-through C
Retail sales associated with the principal use in a building or complex in which they are located. Such uses shall not exceed 25% of the gross floor area occupied by the principal use and shall be subject to approval by the director of planning and community development
S
Support services such as: truck and automobile sales, leasing or rental and appurtenant facilities; restaurants; banks and other financial institutions, excluding check cashing services; business, trade and technical schools; labor or trade organizations and business offices; child care centers, when related to the industrial community; industrial medical clinics; and automobile service stations (minor repair only)
C
Swap meets C
Technical, trade, or vocational schools P
The manufacture of metal alloys, asphalt or asphalt products, cement, lime gypsum or plaster of Paris, coal, coke, charcoal, fuel briquettes and similar products, gas, rubber (natural or synthetic), soap, tallow, grease, lard and similar products, paints and paint products, acetylene, chemicals and chemical products, cellulose and cellophane, and plastics N
The manufacturing of explosives X
The refining or rerefining of petroleum or petroleum products X The slaughter, dressing, butchering or similar operations involving animals, seafood, poultry or fowl, or the tanning or other treatment of hides, skins, or the like
X
Tow yard X
Trucking, transit and transportation terminals and related repair and storage facilities X
Warehousing and bulk storage P
Water pumping and treatment plants, reservoirs, wells and appurtenant facilities N
Wholesaling P
Wireless telecommunication facilities C
Vehicle Accessory Sales and Installation P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
N= Uses allowed in areas non-adjacent to residential uses (adjacent defined as: next to or across a public or private street from residential uses)
Table 17.09.020-B Uses for Industrial Zones – Commercial-Manufacturing (C-M) Zone
Uses Commercial-Manufacturing (C-M)
Any use listed as a principal permitted use in the commercial zone (C) when not prohibited by this table P
Any use listed as a conditionally permitted use in the
commercial zone (C) when not prohibited by this table C
Any use not specifically permitted or prohibited which is determined to be compatible with the permitted uses of the commercial manufacturing zone (C-M)
C
Any uses listed as conditional uses in the manufacturing zone (M) unless specifically permitted by this table X
Any use when such use is determined to be hazardous in nature, either by virtue of activity or product, or through the emission of noise, pollutants, or hazardous effluents
X
Any use which involves the mixing or handling of hazardous or toxic chemicals or products or requires the construction of any H-1 or H-2 structure
N
Any use which involves heavy truck uses. Heavy truck uses meaning any use in which the movement of goods by truck on a regular basis is a major or principal part of the daily operation such as, but not limited to, distribution centers, moving and storage firms, steel distribution or any firm engaged primarily in transshipment of goods
N
Any use which involves the use of cyclones or other similar methods of moving materials which could create excessive or irritating noise
N
Ambulance services N
Accessory buildings and uses customarily associated with any permitted use S
Adult businesses pursuant to the provisions of Chapter 5.25 of the South El Monte Municipal Code P
Catering Facilities P
Gateway signs, subject to the provisions of Chapter 17.15 S Hotels and motels X
Machine shops employing such operations as deburring, the use of high speed drilling, sawing or cutting of metals; the use of any punch press over twenty tons capacity, and the use of brakes or other equipment capable of producing excessive noise or vibration
N
Manufacturing, processing, packaging, treatment, fabrication or assembly when not specified as a conditional use in the M zone or prohibited by this table
P
Massage establishment C
Metal buildings as defined in Section 17.11.070 of these regulations X
Off-sale of alcoholic beverages other than beer and wine within five hundred linear feet of any church, school, or park X On-sale of alcoholic beverages in association with restaurants, cafés, cafeterias and similar establishments C
Outdoor storage, as determined by the director of planning and community development or his or her representative, provided that the only materials and products or equipment stored are necessary to the operation of a use being conducted on the site.
S
The height of the storage shall not exceed the height of any fence or wall required or permitted by these regulations, and storage shall not be permitted in any required front or side yard or in any area designated for required parking if such storage would eliminate necessary employee parking or force
employees to park on the public street
Places of worship and schools (both private and public) X Residential uses and structures except as specifically permitted by Section 17.09.030 X
Retailer commercial cannabis operations in accordance with Chapter 5.26 of Title 5 of this Code P
The slaughter, dressing, butchering or similar operations involving animals, seafood, poultry, or fowl or the tanning or other treatment of hides, skins, or the like
X
Technical, trade, or vocational schools C
Wholesale and distribution businesses, providing that no trucks shall be based on the premises other than those owned,
operated by, and servicing only the use on the site
P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
N= Uses allowed in areas non-adjacent to residential uses (adjacent defined as : next to or across a public or private street from residential uses)
17.09.030 Residen�al uses.
A. Each residen�al use and structure legally exis�ng as of January 1, 1980, is a permited use in the manufacturing zone.
B. Residen�al uses and structures as set forth in this chapter are defined herein as single-family residen�al dwellings, two-family dwellings, three-family dwellings, mul�ple-family dwellings, and mobile homes or trailers designed and used for residen�al occupancy located within a mobile home park legally established prior to January 1, 1980. Each such mobile home park legally established prior to January 1, 1980, shall comply with the provisions of Chapter 17.11.
C. No residen�al uses, including single-family residen�al dwellings, two-family dwellings, three-family dwellings, mul�ple-family dwellings, and mobile homes or trailers designed and used for residen�al occupancy located within a mobile home park legally established a�er January 1, 1980 are permited in this zone.
D. The development standards set forth in Chapter 17.05 of this Code shall apply to each residen�al dwelling permited by this sec�on, except townhouses and condominiums.
E. The development standards set forth in Chapter 17.05 of this Code shall apply to each townhouse and condominium permited by this sec�on.
F. The development standards set forth in the applicable sec�ons of Chapter 17.11 that are applicable to mobile home sites and structures shall apply to each mobile home and trailer permited by this sec�on. (Ord. 984 §8, 1996)
17.09.040 Proximity to residen�al uses.
There are two situa�ons involving the loca�on of industrial sites in proximity to mul�ple residen�al zone districts. Adjacent, either to the side or rear, and across a public or private street. Each of these situa�ons requires separate design treatment to ensure a minimum of conflict between the two dissimilar uses.
A. Across a Public or Private Street. No industrial or commercial building shall be constructed closer than one hundred feet from building envelope of an exis�ng residence located in a mul�ple residen�al zone district when the residence is across a public or private street from the industrial or commercial parcel. If the residen�al parcel is vacant, the one hundred feet will be measured from the building setback line established by the zone district regula�ons. If more than one residen�al parcel is involved, the distance shall be computed from the closest residen�al structure or from setback line if there is a vacant parcel involved. Measurements shall be made from the building envelope of a property; detached garages, or accessory buildings will not be considered. (See
17.09.040-A.)
B. Adjacent to a Mul�ple Residen�al Zone District (Side or Rear). Industrial or commercial buildings will maintain a five feet side or rear setback from a mul�ple residen�al zone district with no openings, other than required fire exits facing the residen�al property. The only excep�on to this shall be in the case of a rear yard which abuts a mul�ple residen�al zone district. In this case, a forty-six-foot rear yard may be maintained providing that this area is used only for passenger vehicle parking and that the only openings facing the residen�al property are required fire exits. (See 17.09.040-B.) C. Required Front Setback. That area between the property line and the face of a commercial or industrial building created to maintain the required one hundred foot separa�on for buildings facing a mul�ple residen�al zone district shall be considered a required front yard. Parking shall be permited to the rear of the first ten feet of the setback.
Figure 17.09.040-A
Figure 17.09.040-B
17.09.050 Property development standards.
The following standards shall apply to uses within the Manufacturing Zone (M) and the CommercialManufacturing Zone (C-M) provided that automobile service sta�ons, day care centers and any use located adjacent to or directly across a public or private street from a residen�ally zoned district shall be subject to development standards contained in Sec�on 17.09.040, 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 permited by the manufacturing zone district regula�ons.
Notwithstanding the above, residen�al uses and structures permited by Sec�on 17.09.040 shall be subject to development standards contained therein. (Ord. 984 §10, 1996; Ord. 822 §1, 1989) Table 17.09.050-A Property Development Standards for Industrial Zones – Manufacturing Zone (M) and Commercial-Manufacturing (C-M) Zone
Zone Manufacturing Zone (M) Commercial-Manufacturing
(C-M)
Minimum lot area 10,000 sqft 10,000 sqft
Maximum building coverage No maximum building
coverage
50% or NA
Minimum lot width 100 ft 50 ft
Minimum lot depth 100 ft None
Maximum building height (50 feet from
zone district boundary)
28 ft 28 ft
Maximum building height (not within 50
feet from zone district boundary)
No maximum No maximum
Accessory buildings and structures Shall conform to the standards contained in
Chapter 17.12 of these
regulations
Shall conform to the
standards contained in
Chapter 17.12 of these
regulations
17.09.060 Minimum yard requirements.
Table 17.09.060-A Minimum Yard Requirements for Industrial Zones – Manufacturing Zone (M) and Commercial-Manufacturing (C-M) Zone
Zone Manufacturing Zone (M) Commercial-Manufacturing
(C-M)
Front yard 5 ft 5 ft
Side yard (interior or key lot) No requirement No requirement Side yard (corner or reversed corner
lot)
5 ft 5 ft
Rear yard No requirement No requirement
17.09.070 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, groundcover, or other plant material and shall include an accepted automa�c irriga�on system (sprinklers, bubblers, or diffuser heads) or hose bibs not over fi�y feet from any por�on of a planted area and all landscaping shall be contained within six-inch concrete or eight-inch masonry curbing. Provision of landscaping within parking areas shall be in accordance with Chapter 17.09. (Ord. 822 §1, 1989) A. A solid masonry wall, eight feet in height, shall be constructed and maintained along any side or rear property line which adjoins a residen�al zone, school, church or park, except that the wall shall not exceed forty-two inches in height when it adjoins the front setback of the adjacent residen�al property, except that the fence may be increased to a height of eight feet if the increase in height consists of wrought iron, chain link or other “see-through” material and the design is approved by the director of planning and community development.
B. On property which is located in a block which is en�rely zoned C-M or M and developed in permited manufacturing uses, fences or walls shall not exceed eight feet in height on sides, front or rear, provided that any wall located in the front or on the side, in the case of a corner or reversed corner
lot, shall be constructed to the rear of the required setback. If outdoor storage is conducted on the property, all fences must be sight-obscuring.
C. Corner or Reversed Corner Lot. On property at any corner formed by intersec�ng streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point located at either:
1. The point of intersec�on with the prolonga�on of the curblines; or
2. The point of intersec�on of the prolonga�on of the edge of the paved roadway when curblines do not exist.
D. 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 intersec�on, 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 intersec�on (see Figure 17.05.080-A).
E. When parking is so located that vehicles are facing a public or private street, a forty-two inch high decora�ve block wall shall be installed to the rear of the required setback. (Ord. 822 §1, 1989)
17.09.080 Outdoor storage and opera�ons.
A. Manufacturing Zone (M)
1. Except as permited by Sec�on 17.09.100 all business opera�ons in the manufacturing zone must be conducted en�rely within a completely enclosed building. However, automobile and light truck sales, automobile service sta�ons, outdoor dining, and other businesses which, by their nature, require opera�ons outside of a building may be conducted outside of a building.
Also, certain ancillary opera�ons, such as the immediate loading and unloading of merchandise and supplies, rou�ne property and building maintenance and permited adver�sing may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily stored in approved and permited trash enclosure area(s) for not more than seven days. (Ord. 1057 §5, 2004; Ord. 822 §1, 1989)
2. Loading Doors and Access.
a. Access to an industrial or commercial site shall be located on the side farthest from the residen�al property when the proper�es are adjacent.
b. Any loading doors which face a mul�ple residen�al zone district shall be designed to require that all truck maneuvering take place on site where possible.
B. Commercial- Manufacturing Zone (C-M)
1. Except as permited by Chapter 17.14 all business opera�ons in the commercial-manufacturing zone must be conducted en�rely within a completely enclosed building. However, automobile and light truck sales, automobile service sta�ons, outdoor dining, and other businesses which, by their nature, require opera�ons outside of a building may be conducted outside of a building.
Also, certain ancillary opera�ons, such as the immediate loading and unloading of merchandise and supplies, rou�ne property and building maintenance and permited adver�sing may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily
stored in approved and permited trash enclosure area(s) for not more than seven days. (Ord. 1057 §3, 2004; Ord. 822 §1, 1989)
17.09.090 Outdoor display of merchandise for sale.
Businesses selling merchandise retail purposes in the Manufacturing zone (M) and CommercialManufacturing zone (C-M) may display sale or promo�onal items outdoors subject to the following regula�ons:
A. The merchandise must be displayed on the same lot as the principal loca�on of the business.
B. The area occupied by the outside display of merchandise shall not exceed an area greater than the gross square footage of the principal building on the lot mul�plied by a factor of 0.025. The maximum permissible area occupied by outdoor display of merchandise shall be five hundred square feet.
C. The displayed merchandise must be grouped into a single area and visible from the public street. The displayed merchandise shall not block, or diminish the public view of, or physical access to, any other business or use.
D. The merchandise may not be displayed on, or over, any public right-of-way and may not be located within ten linear feet of any public right-of-way.
E. The displayed merchandise may not be located in, or encroach into, any required yard or setback, or unpaved area.
F. The displayed merchandise must not be located in, or encroach into, any designated driveway, required parking space, or designated fire lane.
G. The displayed merchandise may not block any doorway, designated private pedestrian walkway or obstruct accessibility. The displayed merchandise must follow all ADA standards and regula�ons.
H. The merchandise may not be displayed on top of any por�on of any building, hung from, or affixed to building walls, ra�ers or eaves. Nor may any merchandise be hung from, or affixed to, any fence or wall or inflatable device.
I. The outdoor display of merchandise shall be subject to all applicable health, safety and fire codes.
J. The outdoor display of merchandise for sale, is in and of itself, a form of adver�sing and no addi�onal signage shall be permited for the displayed merchandise except price signs measuring no larger than three inches by five inches may be affixed to the items displayed for sale.
K. The outdoor display of merchandise shall be subject to an outdoor display site plan review and approval by the planning commission and said approval shall be subject to condi�ons, if any, that may be imposed by the planning commission as needed to mi�gate any poten�al nega�ve effects created by the proposed outdoor display, and the planning commission shall deny the applica�on if the planning commission finds that the outdoor display would be detrimental to persons or proper�es in the immediate vicinity of the subject property or to the city in general. The planning commission may revoke any approval for cause.
L. Applica�on for an outdoor display site plan approval shall be made on applica�on forms supplied by the city and pursuant to the instruc�ons provided by the city. At the �me of submital, applicant shall pay an applica�on fee in the same amount as the applica�on fees established for development site plan review. (Ord. 1057 §6, 2004)
17.09.100 Exterior ligh�ng facili�es.
Exterior ligh�ng facili�es shall be arranged in a manner that will not provide a direct glare or create hazardous interference with highways and neighboring proper�es. (Ord. 822 §1, 1989)
17.09.110 Refuse enclosures.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry, block, or a combina�on of such materials and shall be designed to be compa�ble with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
17.09.120 Parking, loading, truck and vehicle codes and requirements.
A. Off- street parking and loading shall be provided in accordance with Chapter 17.16.
B. No parking, whether the provision of parking spaces, or other parking, shall be permited on unpaved areas, including the storage of trucks or other types of equipment. (Ord. 822 §1, 1989)
1. No tow yards, impounding, or storage of inoperable vehicles are permited per 17.09.020.
C. All loading docks and doors facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
D. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street wherever possible. (Ord. 822 §1, 1989) E. Vehicle maintenance and repair must take place within a solid masonry structure enclosed on at least three sides with any openings, other than windows or fire exits, facing away from any public or private street. (Ord. 822 §1, 1989)
Chapter 17.10
OVERLAY ZONES – STANDARDS AND USES
Sections
17.10.010 Intent and purpose.
17.10.020 Overlay zone districts established.
17.10.030 Changes in boundaries.
17.10.040 Building permits.
17.10.050 Application for precise plan.
17.10.060 Powers of the architectural board of review and rules of procedure.
17.10.070 Consideration of adjoining property values.
17.10.080 Compliance required.
17.10.090 Appeal.
17.10.100 Adult business overlay zone.
17.10.110 Religious establishment overlay zone.
17.10.120 Santa Anita Corridor overlay zone.
17.10.010 Intent and purpose.
The overlay zone districts are designed to establish a greater degree of control and regula�on of architectural design in certain defined areas of the city felt to be of special concern. The regula�ons established by this chapter are in addi�on to, or may supersede, regula�ons established for the individual zone districts included within the overlay zone district. However, no uses not specifically permited in the zone district shall be permited in the overlay district. (Ord. 822 §1, 1989)
17.10.020 Overlay zone districts established.
The city council may, following a public hearing, adopt an ordinance declaring certain defined areas within the city as overlay zone districts:
A. The adult business overlay zone
B. The religious establishment overlay zone
C. The Santa Anita Corridor district consis�ng of the area indicated in Sec�on 17.10.120 is established as an overlay zone district.
17.10.030 Change in boundaries.
Changes in the boundaries of any overlay zone district shall be made by ordinance amending the boundaries shown on the appropriate exhibits codified in Sec�on 17.10.020. (Ord. 822 §1, 1989)
17.10.040 Building permits.
No building permit shall be issued for the construc�on or erec�on of any building or structure, or for the reconstruc�on or addi�on to any exis�ng building or structure, anywhere within an overlay zone district un�l a proposed precise development plan for such construc�on, reconstruc�on or addi�on has been submited to and approved by the architectural board of review in accordance with Sec�on 17.10.060. (Ord. 822 §1, 1989)
17.10.050 Applica�on for precise plan.
An applica�on for a precise plan approval shall be filed with the planning director with each applica�on for a building permit and shall therea�er be referred to the architectural board of review. All informa�on, plans, documents, and other maters rela�ng to the issuance of building permit shall accompany said applica�on and, in addi�on, the following:
A. Parcel dimensions;
B. The loca�on, proposed use, site, height, floor plans of all exis�ng and proposed buildings; C. The loca�on, height, and materials to be used in the construc�on of all walls and fences; D. The loca�on, number of spaces, dimensions, and circula�on patern of all proposed off-street parking;
E. All pedestrian and vehicle access routes including interior traffic circula�on design; F. The loca�on, size, height, materials, and ligh�ng of signs; G. The loca�on, dimensions, number of spaces and access to loading areas; H. The loca�on and general nature of ligh�ng;
I. Exis�ng and proposed streets;
J. A landscaping plan indica�ng exis�ng and proposed natural features, such as trees, shrubs, watercourses, topography and proposed landscaping and materials for the surfacing of areas between buildings, driveways, and other open areas;
K. Exterior eleva�on plans. (Ord. 822 §1, 1989)
17.10.060 Powers of the architectural board of review and rules of procedure.
The planning commission is designated the architectural board of review. (Ord. 822 §1, 1989). The architectural board of review shall have the power to establish its own rules of procedure with the following limita�ons:
A. A quorum shall consist of at least three members;
B. A majority vote shall be required to approve any ac�on; C. The secretary to the planning commission shall take and maintain minutes of all mee�ngs of the board. (Ord. 964 §2, 1995; Ord. 822 §1, 1989)
The board shall determine whether the proposed development follows these regula�ons, the design guidelines adopted by resolu�on of the city council, and whether or not it will be detrimental to the public health, safety and welfare or affect the desirability of property values or the present or future development of the surrounding areas. The board shall determine whether the purposes and objec�ves of this chapter have been met and, in that regard, condi�ons may be imposed to assure that the purposes and objec�ves of this chapter are realized. Considera�on will be given to site plans, landscaping, architectural design, arrangements, and the rela�onship of such factors to similar features
of buildings in the immediate area. Interior design shall not be considered, nor shall condi�ons be imposed to require development incongruous with the surroundings.
The board, in compliance with the foregoing, may approve, condi�onally approve, or disapprove any applica�on for a building permit based upon said precise plan, provided that the board may not approve or condi�onally approve the applica�on if the board finds that the building for which the permit has been applied would, if erected or altered or expanded, be detrimental to the environment, property values or development of the surrounding area. (Ord. 964 §3, 1995; Ord. 822 §1, 1989)
17.10.070 Considera�on of adjoining property values.
In the approval or rejec�on of a precise plan, considera�on shall be given and restric�ons shall be imposed to the extent necessary in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, to permit the same degree of protec�on of adjoining proper�es, as would be afforded in normal circumstances by the standard restric�ons imposed by this �tle. If the proposed precise plan of design would substan�ally depreciate property value in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or condi�oned upon adop�on as to remove such objec�ons. (Ord. 822 §1, 1989)
17.10.080 Compliance required.
No person shall violate or fail to comply with any adopted precise plan of design or any condi�on or provision thereof, nor shall a building permit be issued for any structure which would violate or fail to comply with any adopted precise plan of design for the parcel or parcels on which said structure is to be located. (Ord. 822 §1, 1989)
17.10.090 Appeal.
Any appeal of a decision of the board shall be in accordance with the provisions of Sec�on 17.03.130. (Ord. 822 §1, 1989)
17.10.100 Adult business overlay zone.
A. Intent, Purpose, and Establishment of Overlay Zone: The city council hereby establishes the adult business overlay (ABO) zone. The adult business overlay zone shall be the area indicated on Exhibit A (atached to the ordinance codified in this chapter and adopted by reference) as may be amended from �me to �me. The intent and purpose of the adult business overlay zone is to provide ample reasonable opportuni�es for adult businesses, as defined in Chapter 5.25 of this Code, to locate in South El Monte. (Ord. 1066 §1, 2005)
B. Permited Uses:
1. Any adult business that complies with the provisions of Chapter 5.25 of this Code.
2. Any manufacturing use permited pursuant to Sec�on 17.09.020. (Ord. 1066 §1, 2005) C. Development Standards:
D. Any adult business proposed to be located within the ABO zone must comply with all standards, regula�ons and criteria set forth in Chapter 5.25 of this. (Ord. 1066 §1, 2005)
E. No adult business, as that term is defined in Chapter 5.25 of this Code, shall be established on any property:
1. Within one thousand feet of an exis�ng adult business. For the purposes of this subsec�on, an adult business shall be considered exis�ng if either: (1) an adult business permit has been issued for the business; (2) it is currently opera�ng; or (3) an adult business permit has been issued for the business, but it is not currently opera�ng due to a suspension of such permit.
2. Within five hundred feet of any park, exis�ng religious ins�tu�on, or school, as those terms are defined in Chapter 5.25 of this Code, or property zoned for residen�al use. A religious ins�tu�on or school shall be considered exis�ng if such use: (1) is currently in use; (2) has received a building permit; or (3) is indicated on an adopted specific plan or plan submited in connec�on with an improved land use en�tlement applica�on.
3. Within five hundred feet of any property used for residen�al use if the property upon which the adult business is proposed is located within the ABO.
4. The distances specified in this sec�on shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the adult business is proposed, to the nearest property line of the exis�ng adult business, religious ins�tu�on, school, park, or property zoned or used for residen�al use. (Ord. 1066 §3, 2005)
17.10.110 Religious establishment overlay zone.
A. Purpose: The purpose of this chapter is to provide standards of development designed to ensure that these uses will be compa�ble with the neighborhood in which they are located. (Ord. 822 §1, 1989)
B. Loca�on Criteria: a church or place of assembly may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:
1. Primary access shall be from a thoroughfare at least 50 � in right-of-way width for churches and 62 � of roadway width for places of assembly.
2. Churches may be located across a street from a residen�al zone district if the street is classified as a local collector, as a minimum. Places of assembly may be located across a street from a residen�al zone district if the street is an arterial or secondary collector, as a minimum. (Ord. 963 §23, 1995; Ord. 822 §1, 1989)
C. Design Standards: design and appearance of churches and places of assembly shall be compa�ble with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which they are located. The design of such facili�es shall incorporate, but not be limited to, the following:
1. Appropriate use of decora�ve siding and roofing materials such as wood, �le, �nted glass and/or masonry;
2. Addi�onal landscaping above that required;
3. Control of ligh�ng and light fixtures;
4. Subs�tu�on of decora�ve rock or aggregate or other suitable materials for por�ons of areas proposed to be paved. (Ord. 822 §1, 1989)
D. Site plan requirements:
1. Minimum building site: 20,000 sq.�. This requirement may be waived by the planning commission in the case of churches.
2. Minimum setbacks: 20 � on all sides of the site. (Ord. 822 §1, 1989) E. Landscaping:
1. A minimum 10 � wide planter shall be installed parallel to all street right-of-way or precise plan lines.
2. At least 20% of the site shall be landscaped.
3. Landscaping shall consist of trees, shrubs, groundcover, or a combina�on thereof. All landscaped areas shall contain an accepted irriga�on system (sprinklers, bubblers, or diffuser heads) with an automa�c �mer-clock mechanism. All landscaped areas shall be contained within 6-inch concrete or 8-inch masonry planter curbing. All landscaped areas shall be maintained in a reasonably liter-free and weed-free condi�on and all plant materials shall be kept in a reasonably healthy, growing condi�on. (Ord. 822 §1, 1989) F. Frontage and access: Driveway loca�ons and width must meet standards established by the city. (Ord. 963 §24, 1995; Ord. 822 §1, 1989)
G. Fencing and screening: Except for areas used for traffic circula�on, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between 3 and 6 � in height shall be maintained along all interior lot lines. Where any interior lot line abuts a residen�ally zoned lot or a lot with permited residen�al uses, the fence shall be constructed of decora�ve and view-obstruc�ng wood or masonry compa�ble with the design of the principal structure on the site. The fence or wall shall be 6 � in height, except within 20 � of the front property line, in which case it shall not exceed 42 inches in height. (Ord. 822 §1, 1989)
H. Performance standards: Churches and places of assembly shall be operated in a manner which does not interfere with the normal use of adjoining proper�es. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regula�ons of the city.
2. The premises shall be kept clean, and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
3. All exterior ligh�ng shall be designed in such a manner that will protect the highway and neighboring proper�es from direct glare or hazardous interference of any kind.
4. Hours of opera�on, including deliveries to the site shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this chapter, the usual opera�ng hours shall be considered to be between 6 a.m. and 10 p.m. for places of assembly within 500 �
of a residen�al zone. Any modifica�on of these hours must be approved by the planning commission.
5. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons, and visitors on the premises. (Ord. 963 §25, 1995; Ord. 822 §1, 1989) I. Establishment and administra�on of the Religious Establishment Overlay Zone: notwithstanding any other provision in this municipal code, the city council hereby creates a religious establishment overlay zone for the proper�es listed in subsec�on 2 below.
1. All religious establishments shall comply with the requirements and standards set forth in Sec�on 17.10.110 C. through Sec�on 17.10.110 H.
a. Prior to establishing a religious establishment at any of the proper�es listed in subsec�on d, an applicant must:
b. File an applica�on;
c. Pay a fee in an amount established by the city council; and d. Demonstrate that the proposed use can comply with the requirements and standards set forth in Sec�on 17.10.110 C. through Sec�on 17.10.110 H.
2. The following proper�es are included in the religious establishment overlay zone:
a. Calvary Chapel: 1510 Peck Road (Ord. 1159 §2, 2012)
17.10.120 Santa Anita Corridor overlay district.
A. Purpose: The purpose of the Santa Anita Corridor overlay district is to encourage the development of affordable housing and a mixed land use pater along an underu�lized commercial corridor in the City
B. Applicability. This sec�on applies to lots located in the Santa Anita Corridor overlay district as indicated in Figure 17.10.120-A. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addi�on to the standards provided in this sec�on. In situa�ons where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this sec�on the most restric�ve standard shall prevail.
C. Uses Allowed. Land uses allowed in the Santa Anita Corridor overlay district are all those uses allowed in the underlying zoning district.
D. Required Residen�al Density. For commercial-residen�al zoned proper�es that are located within this overlay district, the following standards shall apply:
1. A minimum of fi�y percent of the total floor area proposed for all new mixed-use projects will be devoted to residen�al uses.
2. Allowed development types will be limited to mixed use developments and residen�al standalone uses; and
3. Owner-occupied and rental mul�family residen�al uses will be allowed by right for developments in which at least twenty percent of the units are affordable to lower-income households during the planning period. Currently owner-occupied and rental mul�family
residen�al uses with densi�es of at least thirty units per acre are allowed by right. (Ord. 1243 §6, 2020)
Figure 17.10.120-A The Santa Anita Corridor district
(Ord. 1243 §5, 2020; Ord. 964 §1, 1995; Ord. 822 §1, 1989)
Chapter 17.11
SPECIAL USES – STANDARDS AND USES
Sections
17.11.010 Automobile service stations.
17.11.020 Boarding and roominghouses.
17.11.030 Day care centers.
17.11.040 Drive-In and drive-through establishments.
17.11.050 Hotels.
17.11.060 Industrial and commercial uses adjacent to a residential zone.
17.11.070 Metal buildings.
17.11.080 Mobile home parks.
17.11.090 Off-sale of beer and wine.
17.11.100 On-sale of beer and wine.
17.11.110 Public utility facilities.
17.11.120 Radio and television antennas and wireless telecommunications antenna facilities.
17.11.130 Residential condominiums.
17.11.140 Retail sales of alcoholic beverages.
17.11.150 Senior housing.
17.11.160 Water efficient landscaping.
17.11.010 Automobile service sta�ons.
D. Table 17.11.010-A Operations at Automobile Service Stations Operation Approval and
Permit
Requirements
The retail sales of gasoline and lubricants P
The incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical); sale of merchandise and supplies related to the servicing of motor vehicles; minor automotive maintenance, replacements and repair; and other incidental customer service and products
P
Certain retail commercial activity pursuant to the terms of Section 7.30.015; C The sale of beer and wine for off-site consumption pursuant to the terms of Section 17.11.090
C
Major automotive repairs, painting, auto body repair, fender work, major mechanical work, engine overhauling and similar work, outside display of new or used vehicles, equipment or parts for sale or lease, except as specifically provided in this Code
X
P: Permitted operations
C: Conditionally permitted operations
X: Prohibited operations
A. Addi�onal retail commercial ac�vity:
1. Retail commercial ac�vity in addi�on to those uses permited by Sec�on 17.11.020-A may be condi�onally permited on the same site as an automobile service sta�on. Only permited or condi�onally permited uses in the commercial zones may be condi�onally permited in addi�on to those uses permited by Sec�on 17.11.020-A.
2. A condi�onal use permit must be obtained pursuant to the provisions of Sec�on 17.11.010-A prior to establishing a concurrent use of addi�onal retail commercial ac�vity on the same site as an automobile service sta�on.
3. In addi�on to the criteria set forth in Sec�on 17.03.060, the following factors shall be considered in reviewing the condi�onal use permit applica�on:
a. Whether the proposed commercial ac�vity is compa�ble with the ac�vi�es associated with an automobile service sta�on, the area and surrounding uses; b. Whether the concurrent ac�vi�es would create or cause any of the following:
i. An adverse traffic impact or a traffic safety hazard, including, but not limited to, an adverse impact on traffic circula�on of parking
ii. Pedestrian-vehicle conflicts or pedestrian safety hazards, iii. An accumula�on of garbage or trash,
iv. Excessive noise,
v. Intrusive ligh�ng,
vi. Excessive or unpleasant odors,
vii. Noxious fumes,
viii. Interference with proper�es or uses in the surrounding area due to ac�vi�es associated with the proposed concurrent ac�vi�es or due to their hours of opera�on; c. Whether the facili�es can be located or situated in such a manner so that:
i. Ligh�ng, noise, fumes, rodents, pests and odors can either be eliminated, mi�gated or reduced so as to not adversely affect neighboring proper�es or uses, ii. Traffic generated by the concurrent ac�vi�es can flow smoothly, both on-site and offsite, without crea�ng an adverse traffic impact, or a traffic or safety hazard to vehicles or pedestrians,
iii. The impact on proper�es or uses in the surrounding area due to the ac�vi�es associated with the concurrent ac�vi�es or due to their hours of opera�on does not exceed acceptable levels;
d. Where the commercial ac�vity is related to the sales, prepara�on and/or dispensing of food, whether there is adequate distance between retail petroleum pump islands and the facili�es and ac�vi�es of the food-related commercial ac�vity.
4. Upon applica�on for a condi�onal use permit, the planning commission may approve, deny or condi�onally approve such applica�on. The planning commission may impose any condi�ons which are necessary to preserve the public health, welfare or safety or to mi�gate any poten�al adverse impacts resul�ng from the establishment of concurrent ac�vi�es at an automobile service sta�on. (Ord. 985 §7, 1997)
B. Loca�on criteria: An automobile service sta�on may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:
1. Primary access shall be from thoroughfares at least sixty-two feet in width.
2. Automobile service sta�ons may not be located across a street from residen�al zone districts unless the street is an arterial, collector, or state highway as shown on the select street system.
3. Automobile service sta�ons may not be permited on sites abu�ng schools, parks, playgrounds, libraries, churches or other public or quasi-public uses which have a demonstrated substan�al pedestrian traffic flow for which pedestrian/vehicle conflicts cannot be adequately mi�gated. (Ord. 963 §21, 1995; Ord. 943 §4, 1994; Ord. 822 §1, 1989) E. Table 17.11.010-B Design/Development Standards for Automobile Service Stations
Standard Requirement
Design
Standards
Appropriate use of decorative siding and roofing materials such as wood, tile, tinted glass or masonry.
Vending machines may be placed outside the structure.
Exterior tire displays may be permitted subject to approval of the design and location by the director of planning and community development. Such display may not block a required parking space, driveway aisle, or pedestrian path of travel.
Repairs and Servicing. All permitted repair equipment and services, other than the service of fuel, shall be enclosed entirely within a building. No automotive repairs shall be permitted outside the structure.
No Charge Services. Air for tire inflation, water for radiators, windshield washing materials, and men’s and women’s public restrooms shall be provided to the public at no charge.
A limited number of light-haul type travel trailers as determined by planning commission may be permitted for rental purposes, provided they are kept in an orderly manner and appropriately screened from view wherever possible by use of wood or masonry and/or landscaping. For the purpose of this section, light-haul type trailers are defined as non, self-propelled vehicles designed to be towed by an average passenger-type vehicle. Light-haul trailers shall not exceed four feet in length overall nor have a gross weight of more than one thousand five hundred pounds.
Front entry to lubrication bays and/or service areas shall not be generally permitted except where necessary to minimize the impact on adjacent residential uses.
Landscaping All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zone districts a planter of at least 5 ft in width shall be installed parallel to the street right-of-way or precise plan line.
Landscaping –
Coverage and
Materials
At least 10% of the total site shall be landscaped. Landscaped areas shall contain trees, shrubs, planted groundcover, or a combination thereof. At least 75% of the required landscaping shall be in planting and the remaining 25% may be in landscaping and aggregate materials.
Landscaping -
Irrigation
All landscaping areas shall contain an accepted irrigation system (sprinklers, bubblers or diffuser heads) with an automatic timer-cloak mechanism. All landscaped areas shall be contained within 6-inch concrete or 8-inch masonry planter curbing.
Landscaping –
Corner Lots
Except for driveways, corner lots shall have a permanently landscaped evergreen planted triangular area, formed by the street right-of-way lines and a line connecting them at points thirty feet from the real or projected point of intersection of the street right-of-way.
Refuse
Enclosures -
Standards
Refuse enclosures shall comply with the following:
Minimum interior dimensions - Please check with City’s trash hauler for specific requirements, as they vary from use to use.
The walls of each solid waste enclosure shall be constructed of concrete block or other solid masonry material with an exterior surface finish compatible with the main structure(s).
Each solid waste enclosure shall have a solid gate capable of screening the contents of the enclosure.
Each solid waste enclosure should be designed to allow walk-in pedestrian access without having to open the main enclosure gate.
The property owner shall supply and maintain adequate bins and containers for waste disposal.
Solid waste enclosures shall be architecturally compatible with the main building.
All trash enclosures constructed after the date of the adoption of this article shall comply with the standards set by the Department of Public Works to address runoff water quality and pollutant source reduction.
A two (2) foot perimeter surrounding each recycling and solid waste enclosure, exclusive of access to the enclosure, shall be planted with landscaping.
No solid waste enclosure shall be located in any front or corner side yard.
No recycling or solid waste enclosures (including access doors, when open) shall be located in any required parking space.
Instructional signs shall be conspicuously posted on each trash enclosure giving instructions on the use of the bins and containers.
Refuse
Enclosures -
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure, or a combination thereof, which is compatible with the design of the principal structure on the site.
Fencing and
Screening
Except for areas used for traffic circulation, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between three and six feet in height, shall be maintained along the interior lot lines. Where any interior lot line abuts a residentially zoned lot with a permitted residential use, the fence shall be constructed of decorative and view obstructing wood or masonry compatible with the design of the principal structure on the site. The fence or wall shall be six feet in
height, except within twenty feet of the front property line, in which case, it shall not exceed forty-two inches in height. (Ord. 963 §21, 1995; Ord. 822 §1, 1989) Required
Parking
See Chapter 17.16
F. Table 17.11.010-C Site Plan Requirements for Automobile Service Stations
Standard Requirements
Minimum building site 20,000 sqft
Minimum frontage on one street * 140 ft
Minimum setbacks for fuel pump
islands, measured from the property
lines **
15% of depth of the lot or 20 ft (whichever is less)
Minimum Facilities Required -
Principal service structure:
2 restrooms, office area; equipment and miscellaneous
storage and service area adequate to provide for the operation and maintenance of the station. A minimum of one air and water outlet for each site.
* In the case of corner lots, frontage shall be measured to the extension of the intersec�ng property lines. **A canopy or roof structure over a pump island may encroach up to ten (10) feet from the street property line.
C. Performance standards: Automobile service stations shall be operated in a manner which does not interfere with the normal use of adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regulations of the city.
2. The premises shall be kept clean, and the operator shall assure that no trash or litter originating from the site is deposited on the neighboring properties or on the public right-of-way.
3. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4. Hours of operation, including deliveries to the site, shall be compatible with the needs and character of the surrounding neighborhood. For the purposes of this section, the usual operating hours shall be considered to be between six a.m. and ten p.m. if the establishment is within five hundred feet of a residential zone. Any modification of these hours must be approved by the planning commission.
5. No undesirable odors may be generated from the site.
6. Air for tire inflation, water for radiators, windshield washing materials, and men’s and women’s public restrooms shall be provided to the public at no charge.
7. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
8. A copy of these performance standards shall be posted alongside the establishment’s permits and licenses and visible to employees at all times. (Ord. 963 §22, 1995; Ord. 822 §1, 1989)
9. Restroom Access. All restrooms shall take access from the interior of a building. No exterior access to the restrooms shall be permitted.
10. Vapor Recovery Equipment.
a. All equipment shall be located adjacent to a building, but as far as possible, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals, or group homes. In no case shall the vapor recovery equipment be located within twenty (20) feet to any property with a residential use or other uses designed for overnight human habitation.
b. The location on the site shall not disrupt the flow of vehicular traffic onto and off of the site. c. All vapor recovery equipment shall be completely screened from public view by architectural building features or other screening elements that are compatible in color, texture, and design with the principal structure.
D. Closed Service Stations.
1. All closed service stations, including all buildings, structures, and yards shall be maintained so there is no adverse or detrimental effect on the property of others within the vicinity or neighborhood. All landscaping shall be maintained and properly irrigated and shall not be allowed to become overgrown or dead.
2. The conversion of a service station to another use shall be reviewed during Site Plan Review and/or Conditional Use Permit and shall be approved by the Commission prior to any remodeling or occupancy and pursuant to any cleanup and capping requirements regulated by the County, State, or Federal agencies.
17.11.020 Boarding and roominghouses.
A. Purpose: The purpose of this section is to provide standards to ensure that residences used as boarding or roominghouses shall be compatible with surrounding neighbors and will not adversely impact the area in which such use is located. (Ord. 822 §1, 1989) B. Conditional Use Permit – required: A conditional use permit shall be required for all boarding and roominghouses. (Ord. 822 §1, 1989)
C. Design standards:
1. No exterior alterations shall be made to the residential structure which will change its appearance as to make it out of context with the surrounding dwellings.
2. All parking will be located in the rear yard area.
3. Parking standards shall be the same as for one bedroom or efficiency apartments.
4. Driveway locations and widths must meet standards established by the city and be reviewed by the Community Development Department prior to the approval of the conditional use permit. (Ord. 822 §1, 1989)
D. Performance standards: Boarding and roominghouses shall be operated in a manner which does not interfere with the normal use of adjoining properties. If, in the opinion of the Director Community Development, the provisions of the conditions of approval of the conditional use permit are being violated, such violations shall be grounds for reopening the conditional use permit hearing and the addition of conditions to correct the violations or, if the violations are severe enough, to consider revocation of the conditional use permit. (Ord. 822 §1, 1989)
17.11.030 Day care centers.
A. Purpose: These standards are designed to complement the variety of state laws which control development and operation of day care centers. (Ord. 822 §1, 1989) B. Conditional Use Permit – Planning Commission criteria: Large day care centers (not more than fourteen children) require the approval of a conditional use permit. In evaluating the conditional use permit, the planning commission shall consider the following criteria:
1. Off-Street Parking. One off-street parking space shall be provided for each two employees working at any one time. The spaces shall be in addition to any spaces required for any other use occupying the same building or premises.
2. Off-Street Loading. Wherever possible, an area for the loading and unloading of children shall be provided on the site and laid out in such a manner as to provide for forward travel of vehicles both on entering and leaving the site. (Ord. 1063 §3, 2004; Ord. 822 §1, 1989) C. Conditional Use Permit – state requirements: Indoor areas, outdoor play areas, restrooms, fencing, and other structural requirements shall be governed by the California Health and Safety Code. Any application for a conditional use permit will show evidence of compliance with the applicable state laws. (Ord. 822 §1, 1989)
D. Permitted by right – Family daycare home, a daycare center with 14 children or less that’s within the provider’s home.
E. Licensing: Licensing of day care centers is the responsibility of the Los Angeles County Department of Public Social Services (DPSS) and any applicant for a conditional use permit must show evidence of application to Los Angeles County for proper licensing. (Ord. 822 §1, 1989)
17.11.040 Drive-In and drive-through establishments.
A. Purpose: The purpose of this section is to provide standards of development and performance for drive-in and drive-through establishments. (Ord. 963 §20, 1995; Ord. 822 §1, 1989) B. Retail sales of gasolines and lubricants as an accessory use: The retail sale of gasoline and lubricants is permitted with conveyor and nonconveyor automobile washing operations, automobile repair garages which perform major mechanical repair, parking garages (structures), if the sale of gasoline and lubricants is accessory to the principal use, or in conjunction with a tire, battery and automobile accessory store which is part of a shopping center. (Ord. 985 §3, 1997; Ord. 963 §20, 1995; Ord. 822 §1, 1989)
C. Location criteria: A drive-in or drive-through establishment may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:
1. Access.
a. Primary access shall be from a thoroughfare at least 62 ft in width. b. The driveway entrance to a drive-through business shall not be within five (5) of a curb return c. The width of driveways at the street property line shall not exceed thirty (30) feet. The width of a common driveway may not exceed thirty-six (36) feet. d. The distance between driveways shall be at least twenty-five (25) feet. e. The driveway entrance to a drive-through shall be separated from the general on-site driveway aisle by a five-foot wide landscape planter (includes 6-inch width concrete curbs)
2. Drive-in and drive-through uses may not be located across a street from residential zone districts unless the street is an arterial or collector street shown on the select street system. This provision does not apply to commercial off-street parking lots. (Ord. 963 §20, 1995; Ord. 822 §1, 1989) D. Landscaping. In addition to the landscaping requirements set forth in Section 17.06.070, the following additional standards shall apply:
1. Required planters abutting residential properties shall be planted with trees shrubs, which shall form an uninterrupted screen foliage not less than ten (10) feet in width and which will grow to be not less than fifteen (15) feet no more than twenty (20) feet in height at full growth.
2. An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive-thru lane.
Said hedge shall be planted and maintained at a height of three (3) feet to three and one-half (3½) feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk.
E. Drive-Through Business Lane Standards.
a. All businesses that provide drive-through facilities for serving customers within their automobile shall provide stacking space that meets the requirement in Table 17.11.040-A. b. Each stacking space shall be computed on the basis of a vehicle being nine (9) feet in width and twenty (20) feet in length. Each stacking lane shall be a minimum of twelve (12) feet in width. c. Clear identification and delineation between the drive-in lane(s) and parking lot shall be provided.
d. Where the lot dimensions allow, all drive-in business shall provide an escape lane that allows other vehicles to pass those waiting to be serviced.
e. The stacking lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or alley or traffic ways serving other on-site and/or off-site uses. f. The minimum required length of any stacking space may be increased if it is determined that additional stacking area will be required to adequately serve the use. g. A traffic study addressing both on-site and off-site traffic and circulation impacts may be required.
Table 17.11.040-A Drive-Through Facilities Requirements Use Number of Stacking Space
Banks 5
Coffee Facilities
Before order board 4
Between order board and pick-up window 4
Drug Stores / Pharmacies 4
Dry Cleaning 4
Fast-Food Restaurants
Before order board 4
Between order board and pick-up window 4
Car Washes (Self-Service, Coin-Operated)*
Entry 2
Exit 1
Car Washes (Full-Service)
Entry 6
Exit 2
*Wash stalls shall not count as stacking space.
F. Performance standards: Drive-in and drive-through establishments shall be operated in a manner which does not interfere with the normal use of adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regulations of the city.
2. The premises shall be kept clean, and the operator shall assure that no trash or litter originating from the site is deposited on the neighboring properties or on the public right-of-way.
3. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
5. No undesirable odors may be generated from the site.
6. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
7. All deliveries made to businesses abutting residential zones shall occur between the hours of 7:00 a.m. and 9:00 p.m.
8. A copy of the required performance standards shall be posted alongside the establishment’s permits and licenses and be visible to employees at all times. (Ord. 963 §20, 1995; Ord. 822 §1, 1989)
17.11.050 Hotels.
A. Purpose: The purpose of these development standards is to ensure that any hotel constructed in the city will enhance the appearance of both the area in which it is located and of the city as a whole. (Ord. 822 §1, 1989)
B. Condi�onal use permit – required: A condi�onal use permit shall be required for all hotels within the city. (Ord. 822 §1, 1989)
G. Table 17.11.050 -A Development Standards for Hotels
Standard Requirement
Walls Required 6ft high decorative block wall will be constructed on side and rear property lines.
Landscaping Minimum 10ft landscaped setback on each street frontage. 20% of the total site shall be landscaped. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within 6 in concrete or 8 in masonry planter curbing.
Refuse Areas –
Dimensions
5 ft x 7 ft
Refuse Areas -
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
C. Performance standards: Hotels shall be operated in a manner which does not interfere with the normal use of adjoining proper�es. If, in the opinion of the director of planning and community development, or designee, the provisions of this sec�on are being violated, the viola�ons shall be grounds for reopening the condi�onal use permit hearing and the addi�on of condi�ons to correct the viola�ons, or if the viola�ons are severe enough, to consider revoca�on of the condi�onal use permit. (Ord. 822 §1, 1989)
17.11.060 Industrial and commercial uses adjacent to a residen�al zone.
A. Purpose: the purpose of this sec�on is to provide development standards designed to protect singlefamily and mul�ple residen�al neighborhoods from the adverse impacts of industrial and commercial uses while permi�ng such uses to exist in near proximity to residences. (Ord. 822 §1, 1989)
B. Design Standards for Industrial/Commercial Uses Adjacent to a Residen�al zone H. Table 17.11.060-A Design Standards for Industrial/Commercial Uses Adjacent to a Residential zone
Standard Requirement
Commercial/
Industrial Uses
Across the
Street from
Residential
No industrial or commercial building shall be constructed closer than one hundred feet from an existing residence located in a single-family residential zone district when the residence is across a public or private street from the industrial or commercial parcel. If the residential parcel is vacant, the one hundred feet will be measured from the building setback line established by the zone district regulations; if more than one residential parcel is involved, the distance shall be computed from the closest residential structure or from the setback line if there is a vacant parcel involved. Measurements shall be made from habitable structures only; detached garages, or accessory buildings will not be considered.
Commercial/
Industrial Uses
Adjacent to
Single-Family
Residential
(Side or Rear)
Industrial or commercial buildings will maintain a setback (side or rear) of fifty feet from any existing residence located in a residential zone district. The side or rear setback area may be used for access to the site or for passenger vehicle parking only.
No outdoor operations, storage or truck loading shall be permitted in this area.
Commercial/
Industrial Uses
Industrial or commercial buildings will maintain a five feet side or rear setback from a multiple residential zone district with no openings, other than required fire exits
Adjacent to
Multifamily
Residential
(Side or Rear)
facing the residential property. The only exception to this shall be in the case of a rear yard which abuts a multiple residential zone district. In this case, a forty-six-foot rear yard may be maintained providing that this area is used only for passenger vehicle parking and that the only openings facing the residential property are required fire exits.
Required Front
Setback
That area between the property line and the face of a commercial or industrial building created to maintain the required one hundred feet separation for buildings facing a residential zone district shall be considered a required front yard. Parking shall be permitted to the rear of the first ten feet of the setback.
Loading Doors
and Access
Access to an industrial or commercial site shall be located on the side farthest from the residential property when the properties are adjacent. Any loading doors which face a residential zone district shall be designed to re-quire that all truck maneuvering take place on site whenever possible.
Landscaping • All required front setbacks shall be fully landscaped except for pedestrian walks, necessary drives and parking areas to the rear of a ten-foot landscaped strip. • Landscaping shall consist of trees, shrubs, groundcover, or a combination thereof. • All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within a six-inch concrete or eight-inch masonry planter curbing
• All landscaped areas shall be maintained in a reasonably litter-free and weed-free condition and all plant materials shall be kept in a healthy growing condition.
Fencing and
Screening
A solid masonry wall, eight feet in height shall be maintained on any property line which abuts a residential zone.
Fencing and
Screening –
Single Family
Residential
When an industrial or commercial property is across a street from a residential zone district a solid masonry wall shall be constructed across any yard or parking area. This wall will be located to the rear of any required front setback.
Fencing and
Screening –
Multifamily
Residential
When an industrial or commercial property is across a street from a multiple residential zone district, a fence or wall shall be constructed across any yard or parking area. This fence or wall shall be located to the rear of any required front setback and shall not exceed forty-two inches in height if constructed of solid masonry, concrete or wood, but may be increased to a height of eight feet if the increase in height consists of wrought-iron, chain link or other “see-through” material and the design is approved by the director of planning and community development, except when such wall or fence is required for screening purposes the wall fence shall be constructed of solid materials, either block or wood.
A. Performance Standards: All industrial and commercial businesses which are located in close proximity to residen�al zones shall be operated in a manner which will not interfere with the residents’ enjoyment of their property. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed levels prescribed by noise regula�ons of the city.
2. All punch presses, shears and similar types of equipment shall be mounted on vibra�on reducing mounts so that no detectable level of vibra�on is transmited to other proper�es or the public right-of-way.
3. No outdoor storage shall be permited in any yard adjacent to a residen�al zone district.
4. The premises shall be kept clean and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
5. All exterior ligh�ng shall be designed in such a manner that will protect the highway and neighboring proper�es from direct glare or hazardous interference of any type.
6. No mechanical equipment such as compressors, pumps or air condi�oning units will be placed adjacent to residen�ally zoned property.
7. Hours of opera�on, including deliveries to the site shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual opera�ng hours shall be considered to be between six a.m. and ten p.m. Any modifica�on of these hours which results in earlier or later hours of opera�on shall require the approval of the planning commission. (Ord. 963 §29, 1995; Ord. 822 §1, 1989)
17.11.070 Metal buildings.
A. Purpose and intent: The city prohibits the construc�on of buildings with exterior walls or roofs of metal. Many buildings in the city have been constructed of S-type galvanized, uncoated metal prior to the prohibi�on of metal buildings. These buildings are now nonconforming. The cost to remove or recover the metal walls or roofs could be considerable and could force some businesses out of the city. Since the adop�on of the prohibi�on on metal buildings, new, more aesthe�c and structurally sound metal panels have been developed. The intent of these regula�ons is to provide guidance and standards for the rehabilita�on or reconstruc�on of exis�ng metal buildings in order that the exis�ng buildings shall be upgraded with as litle adverse economic impact upon the community as is reasonably possible. (Ord. 822 §1, 1989)
B. Metal buildings – defined: For the purpose of these regula�ons, a “metal building” means any building or structure in which any exterior wall or roof is constructed of metal, or a combina�on of metal and any other construc�on material including, but not limited to, wood, masonry block, concrete or stucco. Any exis�ng shed type building open on three or more sides and which is constructed predominately of metal and/or has a metal roof shall, for the purpose of these regula�ons, be classified as a metal building. (Ord. 822 §1, 1989) C. Metal buildings – prohibited: No new metal building shall be constructed within the city; except for any new metal building that can meet the development standards under Sec�on 17.11.070(G). This sec�on does not prohibit use of metal for nonbearing architectural or decora�ve features. (Ord. 1219 §1, 2018; Ord. 822 §1, 1989)
D. Metal buildings – exis�ng: Exis�ng metal buildings visible from any public street or private street generally open to the public may remain at their current loca�on subject to the following condi�ons:
1. Notwithstanding the provisions of Chapters 17.05 through 17.09, any metal building situated so that no other building is located between it and all streets from which the metal building is
visible shall be en�rely rehabilitated or reconstructed using nonmetallic materials, including wood, stucco, brick, masonry block or similar building materials, or may be reconstructed using approved metals mee�ng the standards contained in the figures in Sec�on 17.11.120(E) of these regula�ons, or may be reconstructed using a combina�on of approved metals and any other acceptable building materials.
2. Notwithstanding the provisions of Chapters 17.03, 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 7.11 and 17.13, any metal building situated so that another building is located between the building and all streets from which the metal building is visible shall be required to replace only those por�ons of the building visible from the street, including edges of metal roofs, with nonmetallic building materials or with approved metals mee�ng the standards contained in the figures in Table 17.11.070-A. In addi�on, all other por�ons of the walls of such metal building which are not visible shall be coated as provided in the figures in Table 17.11.070-A in a color to match the rehabilitated por�on of the building.
3. All rehabilita�on or reconstruc�on required by this sec�on on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within the Rosemead Business Improvement Project Area or within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992.
Notwithstanding the above, all rehabilita�on or reconstruc�on of roofs required by this sec�on must be completed not later than provided in Sec�on 17.11.070(E), regardless of whether the building is located within the boundaries of Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2.
4. Notwithstanding any other provision of this sec�on, the city council may, a�er a public hearing held as prescribed in Sec�on 17.03.130, grant an extension of the period of �me permited by this sec�on for the rehabilita�on or reconstruc�on in compliance with this sec�on of buildings located in the Rosemead Business Improvement Project Area and Business Improvement District Project Area No. 2. One or more extensions may be granted for any use or building, but the total of such extensions shall not exceed two years.
5. The city council may grant an extension of the �me periods prescribed by this sec�on only where the following findings are made:
a. The property owner has provided proof sa�sfactory to the city manager and city atorney that a regulatory agency with jurisdic�on over the property will not permit the rehabilita�on or reconstruc�on required by this sec�on without the expenditure of funds which would exceed the value of the property once rehabilitated or reconstructed by a factor of 1.0; or b. The property owner has provided proof sa�sfactory to the city manager and city atorney that the property owner has received all necessary permits for the rehabilita�on or reconstruc�on required by this sec�on but that, in the discre�on of the council, the property owner should be granted addi�onal �me to complete the rehabilita�on or reconstruc�on; and
c. The property owner has provided proof sa�sfactory to the city manager and city atorney that the property owner has received all necessary permits for the rehabilita�on or reconstruc�on required by this sec�on but that, in the discre�on of the council, the property owner should be granted addi�onal �me to complete the rehabilita�on or reconstruc�on; and
d. That a schedule of repair and improvement has been established which will bring the property into a reasonable conformity within such period of �me as the city council shall establish, not to exceed one year; and
e. That a �me extension will not be materially detrimental to the public health or safety, or to the use, enjoyment or valua�on of property of other persons in the vicinity.
6. The city council, in gran�ng an extension as provided herein, may impose condi�ons it deems necessary to ensure that the grant will be in accord with the findings required. Failure to comply with the schedule of repair and improvement shall cons�tute grounds for revoca�on of any extension granted pursuant hereto, but only a�er a public hearing held as herein prescribed.
I. Table 17.11.070-A General Standards for Metal Panels and Coatings Standard Requirement
Metal Walls
– Materials
All metal wall panels shall be 6-90 hot-dipped galvanized steel, and shall be not less than 24-gauge in thickness. All panels and exposed fasteners shall be coated at the factory with products meeting the following specifications:
• Colors shall not change more than 5E (hunter) units (per ASTM D-224) for a period of 20 years.
• Colors shall not chalk more than a 7 rating (per ASTM D-659) for a period of 20 years. • Coatings shall not peel, crack, check or chip for a period of 20 years.
Panels
Permitted as
Replacement
Material
Embossed
architectural
panels with
concealed
fasteners
Flat 12-inch
panels with
grooves and
concealed
fasteners
Flat 12-inch
panels with
concealed
fasteners
Type “A” panels
Vee rib
architectural
panels with
semi-concealed
fasteners
Shadow line
panels
Box rib panels
Bold line panels
Permitted
metals
Only those metals meeting the standards contained in the figures above may be used to rehabilitate or reconstruct existing metal buildings except as provided in Section
17.11.070(G).
Prohibited
metals
The use of S-type corrugated metal panels for rehabilitation or reconstruction of existing metal buildings is expressly prohibited as is any other metal panel not included in the figures above. No wall may be constructed or reconstructed using any metal other than those listed and illustrated above. The S-type galvanized corrugated metal panels illustrated below are specifically prohibited.
7. Any metal building which is granted an excep�on under the provisions of Sec�on 17.11.070(G), must comply with the following:
a. Planning and community development department would survey building to determine if and to what extent repairs to exis�ng panels are necessary;
b. Owner must do work in accordance with writen specifica�ons of the city and must use a licensed contractor and approved paint;
c. Must obtain a building permit;
d. Must execute a maintenance agreement with the city to ensure extended maintenance of the building;
e. All rehabilita�on or reconstruc�on required by this sec�on on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within the Rosemead Business Improvement Project Area shall be completed not later than April 24, 1992. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992. Notwithstanding the above, all rehabilita�on or reconstruc�on of roofs required by this sec�on must be completed not later than provided in Sec�on 17.11.070(E), regardless of whether the building is located within the boundaries of the Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2 (Ord. 916 §1, 1992; Ord. 906 §§1, 2, 1991; Ord. 883 §§1, 2, 1990; Ord. 873 §1, 1989; Ord. 822 §1, 1989).
E. Metal roofs – prohibited: Any metal building visible from a public street or private street generally open to the public must comply with the requirements of subsec�ons A and B of this sec�on within ten years of installa�on of a metal roof that does not comply with the requirements of Sec�on
17.03.090 or by September 1, 1993, whichever is later. Furthermore, a permit for such improvement must be obtained no later than two years prior to the date upon which the improvements must be completed.
1. For a metal building so situated that no other building is located between the metal building and any street from which the metal building is visible, the roof of the metal building shall be covered by a nonmetal material, covered with metal mee�ng the requirements of this sec�on, removed and replaced with metal mee�ng the requirements of this sec�on, or removed and replaced with a nonmetal material.
2. For a metal building so situated that another building is located between the metal building and any street from which the metal building is visible, all por�ons of the roof visible from any street, shall be either covered with a metal mee�ng the requirements of this sec�on, removed and replaced with a metal mee�ng the requirements of this sec�on, or removed and replaced with a nonmetal material. In addi�on, all other por�ons of the roof of such metal building shall be covered with a paint material approved by the city manager in a color to match the visible por�ons of the metal roof improved pursuant to this subsec�on. (Ord. 822 §1, 1989) F. Metal buildings – exempt: Any metal building not visible from a public street or a private street generally open to the public may remain as a nonconforming building, but shall be removed in ten years from the effec�ve date of these regula�ons codified in this sec�on unless either of the following occurs:
1. Reconstruc�on or rehabilita�on in conformance with the provisions of these regula�ons as they apply to a building fully visible from a public street or private street generally open to the public; or
2. Increase in building area, whether by addi�on, whereupon, the en�re site must be brought into conformity with the zone district regula�ons for the zone in which the building is located. (Ord. 822 §1, 1989)
G. Excep�on:
1. In any case where an exis�ng metal building has been constructed of metal panels mee�ng one of the approved panel configura�ons shown in the figures in Table 17.11.070-A and such panels are in a good state of repair as determined by the building division, even though unpainted, such buildings may be treated with an approved coa�ng as provided in the figures in Table 17.11.070- A in lieu of replacing the exis�ng metal panels other than as required to eliminate damage.
2. Any new metal building shall be permited if the building meets the following development standards:
a. The proposed metal building is located one hundred feet or more from the front property line;
b. The proposed metal building is not constructed on a corner lot; and c. The exterior of the proposed metal building is a smooth exterior metal finish.
3. In addi�on to the requirements of subsec�ons A and B, all other requirements of this Code shall be met, including the submission of a site plan, eleva�ons and list of materials and colors for review and approval of the community development director. The above men�oned condi�ons must be sa�sfied; no variance shall be granted that would authorize a devia�on from these condi�ons. (Ord. 1219 §2, 2018; Ord. 822 §1, 1989)
H. Landscaping: In order to facilitate the upgrading of exis�ng metal buildings, landscaping provided shall not be required to comply with the landscaping requirements of the zone district in which the building is located. Every effort shall be made to meet requirements, however, failure to do so shall not preclude the issuance of the building permit. (Ord. 822 §1, 1989) I. Parking: Because many sites were developed in accordance with codes no longer in effect parking may not comply with current standards. Every effort shall be made to provide parking in accordance with the zone district regula�ons for the zone in which the site is located, however, failure to meet the current requirements shall not preclude the issuance of a building permit. (Ord. 822 §1, 1989) J. Informa�on required: Each applicant for a building permit to rehabilitate or reconstruct an exis�ng building or buildings shall submit a site plan showing the parameters of the site, the loca�on type and construc�on of each building on the site, parking, loading doors or docks, landscaping and storage areas. The applicant shall also submit eleva�ons of the building(s) to be rehabilitated or reconstructed including details on materials to be used and colors. (Ord. 822 §1, 1989)
17.11.080 Mobile home parks.
A. Purpose: These standards are designed to ensure that mobile home parks located within the city are compa�ble with surrounding uses and will enhance the appearance of the neighborhood in which they are located and the city as a whole. (Ord. 822 §1, 1989) B. Condi�onal use permit – required: A condi�onal use permit shall be required for the establishment or enlargement of any mobile home park. (Ord. 822 §1, 1989) J. Table 17.11.080-A Development Standards
Standard Requirements
Minimum site area 5 acres
Setbacks 10 ft on all street frontages
Minimum Frontage –
Mobile Home Spaces
Minimum frontage of 30 ft facing a drive or other designated roadway.
Area Requirements -
Mobile Home Spaces
At least 80% of the sites or spaces within any mobile home park shall contain not less than 2000 sqft exclusive of areas required for off-street parking. The remaining 20% of such site will contain a minimum of 1500 sqft exclusive of areas required for off-street parking.
Off-Street Parking –
Mobile Home Spaces
See Chapter 17.16
Recreation area There shall be a minimum of 200 sqft of area per mobile home space set aside for recreational purposes for residents of the park and shall be landscaped and designed as a recreational facility. Any recreation building proposed for the development shall be located in the designated recreation area.
Design standards • Structures located on the site shall not exceed the maximum allowable height within the district unless approved by the planning commission.
• All buildings constructed on the site shall have a common architectural theme.
• A sign design plan, incorporating all proposed signs on the site, shall be required at the time the conditional use permit is considered.
Lighting All lighting shall be designed to protect the public streets and neighboring properties from direct glare or hazardous interference of any kind
Landscaping -
Setbacks
All required setbacks shall be landscaped as well as 10% of the total site.
Landscaping –
Materials 1
Landscaped areas shall consist of trees, planted groundcover, shrubs, or a combination thereof. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within 6 in concrete or 8 in masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse enclosures Sufficient refuse enclosures shall be provided. Such enclosures shall be constructed of masonry or wood, and shall be compatible with the general design theme of the park.
Refuse enclosures –
Dimensions
Minimum interior dimensions of 5 by 7 ft
Fencing and
Screening
A solid masonry wall, 6 ft in height shall be provided on all property lines, except that such wall shall be constructed to the rear of any required setback on street frontages.
1. A landscape plan shall be submited to the department of planning and community development for approval.
17.11.090 Off-sale of beer and wine.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling beer and wine for off-site consump�on (“off-sale beer and wine”).
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of ABC license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng off-sale permit to a new owner at the same loca�on. (Ord. 1084 §2, 2006)
B. Condi�onal use permit – required: A condi�onal use permit shall be required for off-sale beer and wine in addi�on to any other en�tlement required for any use on the subject property. The applica�on shall be filed by the applicant and considered by the planning commission for approval, condi�onal approval or denial pursuant to the procedures specified in Sec�on 17.03.060. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §2, 2006) C. Concurrent retailing of motor vehicles fuel – condi�onal use permit – required: The provisions of Sec�on 17.03.060 shall apply to any applica�on for the concurrent retail sales of motor vehicles fuel with off-sale wine and beer. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §2, 2006)
D. Opera�onal and performance standards: Off-sale beer and wine establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, such uses shall be subject to the following opera�onal and performance standards:
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the state regula�ons for the off-sale of alcoholic beverages unless the city imposes shorter hours of opera�on as a condi�on to the permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise, as that term is defined in Sec�on 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §2, 2006) E. Condi�onal use permit – off-sale beer and wine – expira�on: The regula�ons set forth in Sec�on
17.03.060 regarding expira�on apply to any condi�onal use permit for off-sale of beer and wine.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §2, 2006) F. Modifica�on or revoca�on: A condi�onal use permit granted pursuant to this sec�on shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the permit may modify and/or revoke the condi�onal use permit pursuant to the provisions in the manner provided by Sec�on 17.03.060 of this �tle. (Ord. 1084 §2, 2006)
G. Design standards: The design and appearance of any off-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with
surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §2, 2006)
17.11.100 On-sale of beer and wine.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling or serving beer and wine for on-site consump�on (“on-sale beer and wine”).
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of California Alcohol Beverages Control (“ABC”) license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng on-sale permit to a new owner at the same loca�on. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) B. Condi�onal use permit – required: A condi�onal use permit shall be required for on-sale beer and wine in addi�on to any other en�tlement required for any use on the subject property. An applicant shall file an applica�on for considera�on by the planning commission for approval, condi�onal approval or denial pursuant to the procedures specified in Sec�on 17.03.060. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
C. Condi�onal use permit – distance requirements: No condi�onal use permit for on-sale beer and wine shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious ins�tu�on, school, park, or area zoned for residen�al uses. The distance specified in this sec�on shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the use is proposed to the nearest property line of the exis�ng onsale use, religious ins�tu�on, school, park or property zoned for residen�al uses. (Ord. 1084 §1, 2006: Res. 04-56, 2004; Ord. 1009 §11, 1999)
D. Opera�onal and performance standards: On-sale wine and beer establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, all such uses shall be subject to the following opera�onal and performance standards.
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the establishment’s ABC license unless the city imposes shorter hours of opera�on as a condi�on to the condi�onal use permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to assure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise, as that term is defined in Sec�on 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) E. Condi�onal use permit – one sale beer and wine – expira�on: The regula�ons set forth in Sec�on
17.03.060 regarding expira�on apply to any condi�onal use permit for on-sale of beer and wine.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
F. Modifica�on or revoca�on: A condi�onal use permit for the on-sale of beer and wine shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the applica�on shall conduct a public hearing pursuant to Sec�on 17.03.060. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) G. Design standards: The design and appearance of any on-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with
surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
17.11.110 Public u�lity facili�es.
A. Purpose: the purpose of this sec�on is to provide standards of development designed to lessen the nega�ve impacts caused by public u�lity facili�es and to ensure their compa�bility with neighboring uses. (Ord. 822 §1, 1989)
B. Loca�on criteria:
1. Such uses shall be located on arterial or larger streets unless another loca�on shall be approved by the planning commission.
2. Such uses shall not be located on any side of, or across from any residen�al use, park, school or church unless such use is a water well, pump sta�on, enclosed water storage facility or cellular telephone antenna.
3. The site shall be of sufficient size to accommodate all structures and required parking for the site. (Ord. 963 §§26, 27, 1995; Ord. 822 §1, 1989)
C. Design standards: the design and appearance of public u�lity facili�es shall be compa�ble with surrounding uses and shall not detract from the neighborhood in which the use is located. The design of such facili�es shall include, but not be limited to:
K. Table 17.11.110-A Design, Development, and Site Standards and Requirements for Public Facilities
Standard Requirements
Height of
Structures
Structures located on the site shall not exceed the maximum allowable height within the zone district unless approved by the planning commission.
Materials of
Structures
Offices, maintenance buildings and, where possible, the facility itself shall incorporate building materials which are compatible with materials used in surrounding development.
Loading
Docks/Doors
Any loading dock or door facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
Lighting Control of lighting and light fixtures.
Minimum Site Area None
Minimum Setbacks
– Front
20 ft
Minimum Setbacks
– Side/Rear
10 ft
Landscaping Landscaped areas shall consist of trees, planted groundcover, shrubs, or a combination thereof. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within six-inch concrete or eight-inch masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse Enclosures –
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
Refuse Enclosures –
Dimensions
5 ft x 7 ft
Fencing and
Screening
Except for areas used for driveways, a solid masonry wall or chain link fence containing sight-obscuring slats shall be maintained along all lot lines. The maximum height of the fence cannot exceed eight feet. The fence constructed along any street side of the site shall be located to the rear of any required setback.
Required Parking See Chapter 17.16
D. Performance standards: public u�lity facili�es shall be operated in a manner which does not interfere with the normal use of the adjoining proper�es. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at property lines shall not exceed the levels prescribed in the noise regula�ons of the city.
2. The premises shall be kept clean and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
3. No undesirable odors shall be generated from the site. (Ord. 963 §28, 1995; Ord. 822 §1, 1989)
17.11.120 Radio and television antennas and wireless telecommunica�ons antenna facili�es.
A. Purpose and Intent: The city council finds, determines and declares as follows:
1. The purpose of the regulatory provisions set forth in this sec�on is to establish development standards for the installa�on and maintenance of antennas and wireless telecommunica�ons antenna facili�es within specified areas of the city. These standards are intended to ensure that the design and loca�on of those antennas and facili�es are consistent with previously adopted policies of the city, to promote the public health, safety, comfort, convenience, and general welfare of the city’s residents, and to enhance the aesthe�c quality and appearance of the city by maintaining architectural and structural integrity and by protec�ng views and vistas from obtrusive and unsightly accessory uses and facili�es.
2. In adop�ng and implemen�ng the regulatory provisions of this sec�on, it is the intent of the city council to further the objec�ves specified above in subsec�on A without unnecessarily burdening the federal interests in ensuring access to satellite services, in promo�ng fair and effec�ve compe��on among compe�ng communica�ons service providers, and in elimina�ng local restric�ons and regula�ons that, with regard to antennas, preclude recep�on of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installa�on, maintenance, or use of those antennas.
3. With regard to the regulatory requirements set forth below in Sec�on 17.11.120(B) that relate to site plan review and to a building permit, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community in order to protect public safety. The city council further finds and determines that these regulatory requirements
are applicable to the proposed installa�on of satellite earth sta�on antennas that are not permited accessory uses and that, because of legi�mate safety-related concerns, do not meet the criteria for exemp�on from local regula�on established by the Federal Communica�ons Commission (“FCC”) under the Telecommunica�ons Act of 1996.
4. The regulatory provisions set forth in this sec�on are not applicable to any of the following:
a. City-owned antennas or antenna facili�es, including those used for emergency communica�ons and public safety purposes, that are located or proposed to be located on either publicly-owned or privately-owned property.
b. Privately-owned over-the-air recep�on devices that are located or proposed to be located on city-owned property or within the public rights-of-way; provided that owners of such devices must obtain encroachment permits and comply with all applicable requirements that relate to the use of the public rights-of-way. (Ord. 1044 §3, 2003) B. Regula�on of over-the-air recep�on devices:
1. Mandatory Compliance with Code Requirements. In addi�on to compliance with all safetyrelated development standards set forth in this sec�on, the installa�on of over-the-air recep�on devices must be in compliance with all applicable building codes, fire codes and electrical codes.
In par�cular, electrical service must be properly grounded, and rated fire walls may not be penetrated.
2. Permited Accessory Uses. Over-the-air recep�on devices described below in this subsec�on may be installed as permited accessory uses in zoning districts where residen�al and nonresiden�al uses are authorized without site plan review and without obtaining a building permit, provided that they comply with all applicable development standards set forth in subsec�on C of this sec�on.
L. Table 17.11.120-A Permitted Accessory Uses – Over-the-Air Reception Devices
Use Type Approval and
Permit
Requirements
An antenna located in any zoning district that is designed for the following purposes and that meets the specified dimensions and height limitations:
A. An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, provided that such antenna is one meter (39.37″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast B. An antenna that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is one meter (39.37″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast
P
C. Antennas referenced above in subsections (A) and (B) of this section, whether building-mounted or ground-mounted, may not exceed the height limitation that is applicable to the zoning district involved.
An antenna that is designed to receive video programming services that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (78.74″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast. In no event may such antenna exceed the height limitation that is applicable to the zoning district involved.
P
An antenna located in any zoning district, which antenna is designed solely to receive television broadcast signals, and such antenna, whether buildingmounted or ground-mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality.
P
C. Development Standards.
1. The following development standards apply in all zoning districts to the si�ng, construc�on and opera�on of over-the-air recep�on devices consis�ng of satellite earth sta�on antennas that are referenced above in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, and to all over-theair recep�on devices consis�ng of satellite earth sta�on antennas that are subject to site plan review and to the issuance of a building permit.
M.Table 17.11.120-B Design and Development Standards for Over-theAir Reception Devices Device/Facility Requirements
Satellite Earth
Stations
• No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.
• Satellite earth station antennas, whether ground-mounted or buildingmounted, including any guywires, masts and accessory equipment, must be located and designed to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping, fencing or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified if the antenna’s reception is impaired.
• No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure, or between the main building or structure and the side property line on the street side of a corner lot.
• Satellite earth station antennas must be finished in a non-metallic finish or painted in a color that is compatible with the surrounding environment • All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors
• All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance that is required by the electrical code and by other statutes and regulations
• No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized as provided for in this Code; • All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire and electrical codes.
Guywires Guywires may not be anchored within the front yard of any lot or within the side yard on the street side of a corner lot
Masts • Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials • Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards
Cables, Wires or
Similar Electrical
Transmission
Devices
To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground Footings If footings are required for the installation of a ground-mounted satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer
Connectors All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of the magnitude specified in the Building Code
Additional
Standards –
Satellite Earth
Stations in
Nonresidential
Zones
• All ground-mounted satellite earth station antennas must be located at least five feet from any property line
• If roof-mounted, a satellite earth station antenna must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development.
D. Site Plan Review Required.
1. If a proposed satellite earth sta�on antenna will exceed the permissible height limita�ons referenced above in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, or if the diameter or diagonal measurement of the proposed satellite earth sta�on antenna exceeds the limita�ons specified in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, then an applica�on for site plan review must be submited to the director of community development and approved by the architectural board of review. If the applica�on is approved, a building permit must be obtained;
2. The city council expressly finds and determines that these regulatory requirements rela�ng to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthe�c objec�ves, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installa�on of satellite earth sta�on antennas that are not permited accessory uses and that do not meet the criteria for exemp�on from local
regula�on established by the Federal Communica�ons Commission (“FCC”) under the Telecommunica�ons Act of 1996;
3. In addi�on to any other requirements set forth in this �tle, the applica�on for site plan review must include the following:
a. Construc�on drawings that show the proposed method of installa�on and the manufacturer’s specifica�ons, including equipment specifica�ons that are mandated by the FCC,
b. A plot plan showing the proposed loca�on on the site of the satellite earth sta�on antenna on the site, its distance from other structures on the site, and its distance from the closest structures on adjacent proper�es,
c. Engineering data evidencing that the satellite earth sta�on antenna will be in compliance with all structural requirements of the Building Code. (Ord. 1044 §3, 2003) E. Guidelines for op�mum placement and installa�on:
1. The city manager may cause to be prepared and disseminated informa�on concerning the placement and installa�on of satellite earth sta�on antennas in accordance with voluntary guidelines that will help to achieve the city’s safety-related objec�ves and to promote reasonable aesthe�c objec�ves in order to maintain property values.
2. The informa�on referenced above in Sec�on 17.11.120 A. of this sec�on may include, without limita�on, the following:
a. Installers of satellite earth sta�on antennas who are licensed to conduct business within the city;
b. Federal regula�ons promulgated by the FCC that preempt governmental and nongovernmental restric�ons on antenna users who occupy residen�al units, including residen�al units subject to homeowner associa�on CC&Rs and residen�al units within mul�ple-dwelling complexes, whether owner-occupied or tenant-occupied; c. The availability to exis�ng or prospec�ve antenna users of “no fee” safety-related inspec�ons by the city;
d. Guidelines rela�ng to the preferred placement of satellite earth sta�on antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms or landscaping, or the addi�on of new architectural elements that are compa�ble with the design of adjacent buildings; e. Guidelines rela�ng to preferred neutral finished colors of satellite earth sta�on antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflec�ve nor metallic. (Ord. 1044 §3, 2003) F. Regula�on of wireless telecommunica�ons antenna facili�es:
1. Facili�es within Public Rights-of-Way. Wireless telecommunica�ons antenna facili�es that are proposed to be installed in any zoning district where those facili�es are authorized, which
facili�es have above-ground components that will be placed within any public rights-of-way, must comply with all applicable provisions of the city’s highway permit ordinance.
2. City-Owned Land, Buildings, and Rights-of-Way.
a. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es on or within cityowned land or buildings. The proposed si�ng of these facili�es on all city-owned property will require a license or lease agreement with the city, which license or lease agreement must be approved by the city council.
b. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es, or to the si�ng of radio equipment used by a telecommunica�ons service provider in opera�ng a wireless, microcellular digital radio communica�ons network, upon exis�ng above-ground poles or similar appurtenances located within the public rights-of-way. Applica�ons for the placement of these antenna facili�es or radio equipment upon exis�ng above-ground poles or similar structures located within the public rights-of-way will be submited to the director of community development on a form provided by the city, along with an applica�on fee in an amount established by resolu�on of the city council. Any authorized use of exis�ng poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the city.
c. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es, or to the si�ng of radio equipment used by a telecommunica�ons service provider in opera�ng a wireless, microcellular digital radio communica�ons network, upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way.
Applica�ons for the placement of these antenna facili�es or radio equipment upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way will be submited to the director of community development on a form provided by the city, along with an applica�on fee in an amount established by resolu�on of the city council. Authoriza�on for the installa�on of any new above-ground pole or similar structure for the opera�on of an antenna facility or radio equipment will be subject to a license, lease or franchise agreement with the city, as may be applicable and authorized by law, which license, lease or franchise agreement must be approved by the city council. d. Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of Sec�on 17.11.120 F.2. of this sec�on may contain a requirement that the telecommunica�ons service provider, or the property owner, submit documenta�on that the electromagne�c fields (EMFs) from the proposed antenna facili�es or radio equipment will be within the limits approved by the FCC, and that a report be submited annually evidencing the fact that the EMFs con�nue to be within approved FCC limits.
3. Applicability of Regula�ons. Subject to the excep�ons set forth in Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on are applicable to the si�ng of wireless telecommunica�ons antenna facili�es on land and buildings located within the following zoning
districts: the commercial zone (C), the commercial-manufacturing zone (C-M), the manufacturing zone (M) and the public-facili�es zone (P-F). The si�ng and construc�on of wireless telecommunica�ons antenna facili�es in these nonresiden�al zoning districts where those facili�es are authorized is subject to site plan review and to a building permit.
4. Applica�on for Site Plan Review. The applica�on for site plan review must include the following:
a. A site plan, drawn to scale, showing all exis�ng improvements on the site, the proposed loca�on of the wireless telecommunica�ons antenna facility, the height of any exis�ng or proposed new support structure, accessory equipment facility, guy-wires, above- and belowground wiring and connec�on cables, exis�ng or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any exis�ng or proposed accessory equipment facility; b. A descrip�on of the maximum poten�al of the site for the proposed wireless telecommunica�ons antenna to accommodate the installa�on of addi�onal antennas; c. A loca�on map showing exis�ng wireless telecommunica�ons antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage;
d. Documenta�on that the electromagne�c fields (EMFs) from the proposed wireless telecommunica�ons facility, both individually and cumula�vely, will be within the limits approved by the FCC. As a condi�on of approval of any site plan or building permit, the reviewing authority may require the annual submission of a report prepared by a qualified person evidencing the fact that EMFs con�nue to be within approved FCC limits; e. A statement concerning the minimum distance from the proposed wireless telecommunica�ons antenna facility that is required to ensure that no person will be exposed to any harmful effects atributable to EMFs;
f. Evidence of any required licenses and approvals to provide wireless telecommunica�ons services in the city;
g. The property owner’s writen consent to the proposed si�ng of the wireless telecommunica�ons antenna facility and acknowledgment of its obliga�ons under this sec�on.
5. Factors Considered in Approving Site Plans. The reviewing authority must consider the following factors in determining whether to approve the site plan for a wireless telecommunica�ons antenna facility:
a. Height of the proposed facility;
b. The nature and proximity of exis�ng uses on adjacent proper�es; c. Surrounding topography;
d. Surrounding tree coverage and foliage;
e. Design of the proposed facility, with par�cular reference to design features that have the effect of reducing or elimina�ng visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or ar�ficial vegeta�on, or a facility located or co-located on an exis�ng building or an exis�ng support structure;
f. Proposed ingress and egress;
g. Availability of suitable exis�ng buildings or support structures, as set forth in subsec�on F of this sec�on.
N. Table 17.11.120-C Design and Development Standards for Wireless Telecommunications Antenna Facilities
Device/Facility Requirements
Antenna arrays Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.
Telecommunications
Support Structures
• The siting of new support structures is subject to the following additional requirement: no new support structure in the manufacturing or public facilities zoning districts will be authorized unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing nonresidential building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be re-viewed by the reviewing authority and may consist of any of the following:
• (indent) No existing nonresidential buildings or support structures are located with-in the geographic area proposed to be served by the applicant’s facility
• (indent) Existing nonresidential buildings or support structures are not of sufficient height or structural strength to meet the applicant’s operational or engineering requirements
• (indent) The applicant’s proposed facility in the zoning district would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant’s proposed antenna array • (indent) The costs, fees or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co-locate a new antenna array on an existing nonresidential building or support structure, or to adapt an existing nonresidential building or support structure for the location of the new antenna array, are unreasonable
• (indent) There are other limiting factors that render existing nonresidential buildings and support structures unsuitable for use by the applicant. • If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual im-pacts.
• The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.
• Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.
Protective
Structures Housing
Protective structures housing accessory equipment must comply with all applicable requirements of the Zoning Code that relate to accessory structures.
Fencing If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials.
Signs No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached.
G. Maintenance and Cessa�on of Use. The following requirements apply to all authorized wireless telecommunica�ons antenna facili�es that are located on exis�ng buildings or support structures and on new support structures:
1. The site must be maintained in a condi�on free of trash, debris and refuse, and all graffi� and posters must be promptly removed.
2. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecu�ve months, the permitee or the property owner must give writen no�ce of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure, must be removed within a ninety-day period. If that removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the expense of the permitee or the property owner; provided that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place un�l all service providers cease to use it.
H. Local Emergency or Disaster Situa�ons—Temporary Installa�ons. The city manager, as the director of the office of emergency services designated in Sec�on 2.60.050, is authorized in the event of a local emergency or disaster to accommodate all providers of wireless telecommunica�ons services whose antenna facili�es can be deployed immediately within the city for the purpose of implemen�ng the emergency services plan, coordina�ng the emergency and disaster func�ons of the city, and protec�ng life and property. The temporary deployment of such wireless telecommunica�ons antenna facili�es may be authorized at such loca�ons, and for such period of �me, as will afford maximum protec�on for the public health, welfare and safety. (Ord. 1095 §2, 2007; Ord. 1044 §3, 2003)
I. Variances:
1. In accordance with the provisions of Sec�on 17.03.160, applica�on may be made for a variance from the restric�ons and limita�ons imposed by this sec�on upon the si�ng of satellite earth sta�on antennas and wireless telecommunica�ons antenna facili�es.
2. A variance may be issued if, in addi�on to the general variance standards, the following requirements are met:
a. The applicant submits evidence sa�sfactory to the reviewing authority that loca�on of the satellite earth sta�on antenna or the wireless telecommunica�ons antenna facility in the manner required by this sec�on would: (a) obstruct the antenna’s recep�on window or otherwise interfere with recep�on, and such obstruc�on or interference involves factors beyond the applicant’s control; or (b) the cost of mee�ng the requirements of this sec�on is excessive in rela�on to the cost of the proposed antenna or antenna facility. b. The applicant submits a cer�fica�on, signed by a registered structural or civil engineer, that the proposed installa�on will be in compliance with all applicable requirements of the building code, including load distribu�ons upon any proposed mast or other support structure.
3. A variance may be revoked if the applicant or property owner fails to comply with any condi�ons that are imposed upon the issuance of that variance. (Ord. 1044 §3, 2003) J. Regula�on of amateur radio sta�on antennas:
1. Building Permit Required. Nothing contained in this sec�on may be deemed to exempt from the requirement of a building permit the installa�on of an amateur radio sta�on antenna that, because of its limited height, is not required to obtain site plan review approval under the provisions of subsec�on B of this sec�on.
2. Site Plan Review Required. The proposed installa�on in any zoning district of an amateur radio sta�on antenna, whether ground-mounted or building-mounted, which antenna will extend more than fi�een feet above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an applica�on for site plan review, and, if the applica�on is approved, a building permit must be obtained.
3. Applica�on for Site Plan Review. The applica�on for site plan review must include the following:
a. Construc�on drawings that show the proposed method of installa�on and the manufacturer’s specifica�ons,
b. A plot plan showing the proposed loca�on and dimensions of the amateur radio sta�on antenna,
c. Engineering data evidencing that the amateur radio sta�on antenna will be in compliance with all structural requirements of the building code,
d. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service opera�ons and to use the site as an amateur radio sta�on.
4. Factors Considered in Approving a Site Plan.
a. In considering the approval of a site plan for a proposed amateur radio sta�on antenna, the reviewing authority must consider the following factors:
i. Whether the proposed height of the amateur radio sta�on antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service opera�ons of the nature contemplated,
ii. Proximity of the proposed amateur radio sta�on antenna to inhabited buildings and structures,
iii. The nature of exis�ng uses on adjacent and nearby proper�es, iv. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio sta�on antenna,
v. Design of the proposed amateur radio sta�on antenna, with par�cular reference to design features that provide for retrac�on of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, par�cularly in residen�al zoning districts.
b. In making any determina�on during the site plan review process to deny or to condi�on the applica�on for an amateur radio sta�on antenna, the reviewing authority must adhere to the following guidelines:
i. The imposi�on of condi�ons or restric�ons rela�ng to the placement, screening or height of a proposed amateur radio sta�on antenna, which condi�ons or restric�ons are based upon protec�on of the public health, welfare, and safety, aesthe�c considera�ons, or the preserva�on of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified in Sec�on 17.11.120 J.4.a. of this sec�on, and the reasonable accommoda�on required under Sec�on 17.11.120 J.4.a. of this sec�on.
ii. The site plan review process must be conducted to: (i) reasonably accommodate the paramount federal interest in promo�ng amateur radio communica�ons as voluntary, noncommercial communica�ons services, par�cularly with respect to emergency communica�ons; and (ii) impose the minimum prac�cal restric�ons, limita�ons and condi�ons in order to achieve the city’s legi�mate regulatory objec�ves. (Ord. 1044 §3, 2003)
K. Nonconforming antennas: Any antenna constructed in viola�on of this sec�on, or in viola�on of any prior ordinance or regula�on, is subject to immediate abatement. (Ord. 1044 §3, 2003) L. Enforcement:
1. All satellite earth sta�on antennas, amateur radio sta�on antennas and wireless telecommunica�ons antenna facili�es are subject to periodic inspec�on by the city to determine whether they are in compliance with all applicable provisions of this sec�on.
2. If any condi�on is discovered that may result in a danger to life or property, the city will give writen no�ce to the permitee or to the property owner, or both, at their last known address, describing the dangerous condi�on and demanding that the same be corrected within the period of �me specified in that no�ce.
3. Failure to comply with any applicable provision of this sec�on, or with condi�ons that may be imposed in connec�on with site plan review approval or issuance of a building permit, will cons�tute a public nuisance. (Ord. 1044 §3, 2003)
17.11.130 Residen�al condominiums.
A. Intent and purpose: Residen�al condominium projects may require that numbers of householders live in close proximity to one another. Condominium projects also require that such owners be bound together in an associa�on which is responsible for the maintenance, management and possible reconstruc�on of improvements within the common area of the project. This mix of individual and common ownership is different from conven�onal and familiar paterns of housing in the city. The unique status of residen�al condominium projects tends to magnify the effects associated with higher urban densi�es to the point where they may lead to condi�ons of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short- and long-term, it is the express intent of the city to treat residen�al condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the considera�on of proposed condominium projects, the purposes of these regula�ons are:
1. To ensure that the significance of the fragmented patern of condominium ownership with respect to long-range planning, unforeseen change and maintenance of the city’s housing stock is not superficially discounted in favor of short-term and expedient financial considera�on;
2. To establish reasonable procedures for the dissolu�on of the condominium and demoli�on of the structure at the end of their economic, func�onal or physical life and thus obviate condi�ons of residen�al obsolescence and blight and their pernicious effects upon both immediate occupants and the larger community;
3. To ensure that the poten�ally deleterious effects resul�ng from a lack of con�nuous and centralized management do not impact upon the public health, safety and welfare and, at the same �me, ensure that there is democra�c and effec�ve management of the project that does not allow, over �me, a majority of the unit owners to effec�vely contravene the ini�al commitments made to the project at the �me of its incep�on and thus undercut the good faith of any minority of unit owners;
4. To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expecta�ons and changing needs of property owners over long periods of �me;
5. To ensure that the project developer is aten�ve to the performance characteris�cs of the structure and mi�gates such problems as vibra�on and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately atenuated, may nevertheless render the living environment undesirable and the transfer of unit ownership difficult;
6. To ensure that the project developer uses contemporary and environmentally sensi�ve concepts of site planning and architectural design in the crea�on of the project and to ensure that the project, once completed, maintains its integrity over �me not only to preserve the long-term
financial commitment of the unit owner, but also to op�mize the u�liza�on and aesthe�c quali�es that make the project a viable home in the future;
7. To ensure that, when appropriate, governmental en��es have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace. (Ord. 822 §1, 1989)
B. Condi�onal use permit – required:
1. No residen�al condominium shall be permited in any zone unless such zone permits such usage and unless and un�l a condi�onal use permit is obtained thereof.
2. Except for strictly interior modifica�ons to individual condominium units, no structural or architectural altera�ons, except incidental maintenance, shall be made to any exis�ng residen�al condominium or its common areas within the city, unless and un�l a condi�onal use permit is obtained therefor. An applicant seeking a condi�onal use permit in order to make structural or architectural altera�ons to an exis�ng condominium shall not arbitrarily or unreasonably be denied a condi�onal use permit where compliance with the provisions of Chapter 17.05 through
17.09, would impose a cost or other hardship dispropor�onate to the proposed structural or architectural altera�on; provided, that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in Sec�on 17.11.130 F. through J. and would impose a cost or other hardship dispropor�onate to the proposed structural or architectural altera�on, provided that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in Sec�on 17.11.130 A.1. (Ord. 822 §1, 1989) C. Condi�onal use permit – applica�on: The applica�on for a condi�onal use permit for a proposed residen�al project shall include the following informa�on, in the number of copies and degree of detail which the planning department determines to be sufficient for its staff and the planning department to evaluate the project:
1. A complete legal descrip�on and address of the property and boundary map showing the exis�ng topography of the site and the loca�on of all exis�ng easements, structures and other improvements, and trees over six inches in diameter.
2. Dimensioned schema�c development plans consis�ng of at least a site plan, garage plan, typical floor plan, building eleva�ons showing natural grades, transverse and longitudinal sec�ons showing natural grades and a conceptual landscaping plan for the project as a whole. In instances where the project involves the conversion of an exis�ng structure to condominium usage, complete as built drawings shall be provided.
3. A tabular analysis showing how the project compares to the minimum standards for four projects in the zone in which it would be located.
4. Typical detailed sec�ons of the types of wall and floor/ceiling construc�on that would be used in both common and interior par��on walls within the condominium project, including either published data from a recognized tes�ng laboratory or a statement from a licensed acous�cal engineer or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insula�on Class) of the proposed type of construc�on.
5. The proposed condominium documents including declara�on of covenants, condi�ons and restric�ons, descrip�on of project elements and tenta�ve condominium plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project.
6. Such other informa�on which the planning commission or planning department determines is necessary to evaluate the proposed project. (Ord. 822 §1, 1989) D. Fees: The fee for the processing of an applica�on for a condi�onal use permit for condominium usage shall be in an amount set by resolu�on of the city council. (Ord. 822 §1, 1989) E. Condominium development – compliance with criteria and standards: The commission shall review all proposals for residen�al condominium usage in order to determine their degree of compliance with both the development standards and development criteria delineated in Sec�on 17.11.130 I. and Sec�on 17.11.130 J. A condominium proposal which does not comply with all of the precise standards in these sec�ons may be approved where the commission finds that there are unusual circumstances regarding the development’s loca�on, site or configura�on; that the project is in substan�al compliance with both the development standards and development criteria and that there are mi�ga�ng features incorporated in the project which tend to further the expressed intent and purpose of this sec�on. (Ord. 822 §1, 1989)
F. Condominium development – standards: The commission shall require, except as noted in Sec�on
17.11.130 E., that all residen�al condominium projects conform to all ordinances of the city and all of the following condominium development standards:
O. Table 17.11.130-A Condominium Development Standards
Standard Requirements
Minimum Lot Area Net area greater than 1 acre
Density (minimum) 1 du per 2500 sqft
Common Open
Space 2
Must be at least 15% of gross area. Common open space shall be that portion of the total land area developed for recreational purposes and designated for the use and enjoyment of all of the occupants of the condominium project but shall not include streets, highways or utility easements where the ground surface is not available or other areas primarily designed to serve other functions.
Private Open Space
– 0-1 Bedrooms 3 Minimum of 130 sqft 1
Private Open Space
– 2+ Bedrooms 3 Minimum of 150 sqft 1
Private Open Space
– Dimensions 3
Such space shall have a configuration that would allow a horizontal rectangle or square of 100 sqft and a minimum dimension of 7 ft to be placed in the space.
Private Open Space
– Intended Use and
Location 3
The space shall be designed for the sole enjoyment of the unit owner and guests and shall have at least one weather-proofed duplex receptacle electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from either a kitchen, dining room, family room or living room within the unit.
Outdoor Living
Space 400+ sqft per unit
Private Storage
Space – Size and
Dimensions
Each unit shall have at least 400 cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner. Such space shall have a minimum horizontal surface area of 50 sqft, a minimum interior dimension of 5 ft, and an opening not less than 3.5 ft by 6 ft.
Private Storage
Space – Provision 4
Storage space may be provided within individual storage lockers, cabinets or closets in any location approved by the planning commission, but shall not be split among two or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the dayto-day functioning of the unit, the planning commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.
Private Storage
located in Common
Areas 4
If such private storage space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project.
Off-Street Parking –
Spaces Assigned to
Units
2+ garage parking spaces assigned to each condominium unit within the project Off-Street Parking –
Spaces Designated
for Visitors
1+ visitor parking space for each 2 condominium units within the project. A fractional requirement equal to, or greater than, one-half of a visitor parking space shall be interpreted as a requirement for one visitor parking space.
Treatment of
Utilities – Plumbing
Shut-Off Valves
Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impractical, the commission may ap-prove a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water sup-plied appliance not contained within a unit.
Treatment of
Utilities – Drip Pans
Hot water heaters and any other appliances which the building official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of the drain shall be provided with a removable screen to prevent insect entrance to the unit.
Drip pans may be omitted where appliances are located in garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit.
Treatment of
Utilities – Utility
Meters
With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.
Treatment of
Utilities – Hot
Water
Each unit shall have a separate hot water heater.
Treatment of
Utilities – Circuit
Breaker
Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
Perimeter Fences
Any development shall be surrounded by a fence or wall or combination thereof not to exceed 6 ft in height. However, nothing herein shall re-quire the construction of the aforementioned fence along any property line abutting a street, alley or at driveway entrances and exits. Ivy or other vining plant material shall be planted adjacent to any wall or fence and trained to grow up the fence or wall to protect the fence or wall shall not be permitted to grow over three and one-half feet in height in the front yard. An automatic drip irrigation system shall be provided to adequately water the plant material.
Trash Areas
All trash collection and garbage collection areas shall be surrounded by a fivefoot high fence or block wall and gate, with adequate access to and from these areas for trash and garbage collection vehicles.
Height Limitation
Condominium structures shall be limited to one story in height, excluding subterranean levels devoted to automobile parking. There shall be no more than one unit in any vertical configuration. In use herein “subterranean level” means a level the ceiling of which shall be no higher than the highest point of the finished grade adjacent to the structure, and which shall be either wholly enclosed or not visible from either adjoining properties or from a public street outside of the project.
1. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size in projects which include 5+ units
2. The applicant shall submit to the commission and the council, and it shall be made a condition of approval, satisfactory evidence to assure continued retention of open space and for perpetual maintenance of common areas.
3. The planning commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including condominium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this subsection.
4. Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
G. Isola�on of Vibra�on and Sources of Structure-Borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceiling.
1. Shock Moun�ng of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rota�on, reciproca�on, expansion and/or contrac�on, turbulence, oscilla�on, pulsa�on, impac�on or detona�on, are determined by the building official to be a source of structural vibra�on or structure-borne noise shall be shock mounted with iner�a blocks or bases and/or vibra�on isolators in a manner approved by the building official. Domes�c appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the building official to be a source of structural vibra�on or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibra�on mounts approved by the building official. The cabinets in which they are installed should be offset from the back wall with strip gaske�ng of felt, cork or similar material approved by the building official. Where such appliances u�lize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installa�on of nonpermanent appliances
such as clothes washers and dryers, then permanent rubber moun�ng bases and surface plates shall be installed in a manner approved by the building official.
2. Loca�on of Plumbing Fixtures. No building fixture, except Pullman mounted lavatories, shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit.
3. Separa�on of Vents and Lines. No common water supply lines, vents, or drain lines shall be permited for con�guous units unless there is at least eight and one-half feet of pipe between the closest plumbing fixtures within the separate units. The building official may approve other methods of isola�ng sound transmission through plumbing lines where their effec�veness can be demonstrated.
4. Isola�on and Insula�on of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the building official. In mul�story condominium projects all ver�cal drainage pipe except piping serving only one condominium unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarter inch thick dense insula�on board or full thick fiberglass or wool blanket insula�on for its en�re length except the sec�ons that pass through wood or metal framing.
H. Atenua�on of Noise.
1. General. Wall and floor/ceiling assemblies separa�ng units from each other or from public or quasi-public space such as interior corridors, laundry rooms, recrea�on rooms and garages shall provide airborne sound insula�on for walls, and both airborne and impact sound insula�on for floor/ceiling assemblies.
2. Airborne Sound Insula�on. All wall assemblies enumerated or alluded to in the previous subparagraph shall be of a type of construc�on that has a minimum ra�ng of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in subsec�on (J)(1) shall be of a type of construc�on that has a minimum ra�ng of 50 STC. Wood floor joists and subflooring shall not be con�nuous between separate condominium units. Penetra�ons or openings in the construc�on for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and hea�ng, ven�la�ng and/or air condi�oning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required ra�ng and such treatment shall be approved by the building official. Entrance doors to the unit shall be of solid construc�on and, together with perimeter seals, shall have a minimum ra�ng of 30 STC. Such perimeter seals shall be maintained in effec�ve opera�ng condi�on.
3. Impact Sound Insula�on. All separa�ng floor/ceiling assemblies enumerated or alluded to above shall be of a type of construc�on that has a minimum ra�ng of 69 IIC (Impact Insula�on Class).
Floor coverings may be in the assembly to obtain the required ra�ngs, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insula�on.
4. Verifica�on of Sound Class. STC and IIC ra�ngs shall be based on the results of laboratory measurements and will not be subjected to field tes�ng. The STC ra�ng shall be based on the
American Society for Tes�ng and Materials system specified in ASTM 890-66t or equivalent. The IIC ra�ng shall be based on the system in use at the Na�onal Bureau of Standards or equivalent.
Ra�ngs obtained from other tes�ng procedures will require adjustment to the above ra�ng systems.
I. Development criteria: There are important considera�ons rela�ve to each proposal for residen�al condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of this sec�on and shall serve as a basis for the evalua�on of accepted and appropriate planning and architectural techniques necessary for the orderly development of the city, and concurrently shall give substance to the policies necessary to achieve the purpose of these sec�ons:
1. The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and ameni�es for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways, and other areas for automobiles.
2. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not cons�tute a disrup�on to the established fabric of the community.
3. The layout of structures and other facili�es should effect a conserva�on in street, driveway, curb cut, u�lity and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural prac�ce, the consump�on of natural resources either directly or indirectly (e.g., gas, water, electricity).
4. The project should be designed to maintain as much of the natural topography, large trees and environment as prac�cal.
5. The configura�on and orienta�on of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same �me not destroying these advantages for adjacent proper�es. Structures should also be situated to minimize or buffer any undesirable characteris�cs of the site such as street noise and nearby obnoxious commercial or industrial uses.
6. The layout of units and open space within the project should establish, through the use of structure and landscape materials, a percep�ble spa�al transi�on from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audible and other intrusions.
7. The project shall comply with state standards facilita�ng access for the handicapped. (Ord. 822 §1, 1989)
J. Declara�on of covenants, condi�ons and restric�ons: To achieve the purposes of Sec�on 17.11.130 A., the declara�on of covenants, condi�ons and restric�ons rela�ng to the management of the
common area and facili�es shall accompany all proposals for residen�al condominium usage made pursuant to the provisions of Sec�on 17.11.130 A. through 17.11.130 I. In addi�on to such covenants, condi�ons, and restric�ons that may be required by the Department of Real Estate of the state of California or pursuant to Title 6 of Part 4 of Division 2 of the California Civil Code or other state laws or policies, such declara�on shall provide for the following, none of which, a�er acceptance in final form by the city, shall be amended, modified or changed without first obtaining the writen consent of the city:
1. Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including, but not limited to, the private pa�o, deck, balcony, solarium or atrium required by Sec�on 17.11.130 F., and any integral por�on of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respec�ve unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
2. Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including, but not limited to, the private storage space required by Sec�on
17.11.130 F., shall be described and irrevocably assigned by the declara�on or condominium plan to its respec�ve unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the units, as it would be in a closet opening upon a unit’s room or hallway, it shall be conveyed as an integral part of the unit.
3. Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to par�cular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum prac�cal extent, the two spaces assigned to each unit shall be con�guous.
4. In no case shall the private storage of one unit overhang or take its access from the required offstreet parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner’s unit, except that a unit occupant within the project may rent one space to another unit occupant or to the associa�on.
All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code.
5. Maintenance of Impact Insula�on Class. The impact Insula�on Class (IIC) ra�ng of all separa�ng floor/ ceiling assemblies, as required by Sec�on 17.11.130 F. shall be described in the declara�on. Where the minimum IIC ra�ng is obtained through the use of floor covering(s), the declara�on should provide that the covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insula�on afforded by covering(s) originally installed.
6. Right of Public Entry to Common Area. The city, the county of Los Angeles, the state of California, and the government of the United States, and any department, bureau or agency thereof, shall
have the right of immediate access to all por�ons of common area of the project not assigned for the exclusive use of the owner of a par�cular unit at all �mes.
7. Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner’s unit. The declara�on shall provide either for a central antenna with connec�ons to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.
8. Vo�ng. For the purpose of vo�ng, including without limita�on vo�ng to set the amount of regular or special assessments and for the purpose of amending the covenants, condi�ons and restric�ons, one vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made propor�onal to the gross square footage of each unit within the property.
9. Par��on and Sale of the Project. An ac�on may be brought by one or more owners of units within the project for par��on thereon by sale of the en�re project as if the owners of all the condominiums in such project were tenants-in-common in the en�re project in the same propor�on as their interests in the common areas; provided, however, that a par��on shall be made only upon a showing of the existence of one or more of the condi�ons set forth in Sec�on 1354 of the California Civil Code or that:
a. Two years a�er damage or destruc�on to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substan�ally to its state prior to its damage or destruc�on;
b. One-half or more of the project has been destroyed or substan�ally damaged and condominium owners holding in aggregate more than fi�y percent interest in the common areas as opposed to repair or restora�on of the project; c. The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restora�on of the project.
P. Table 17.11.130-A Percent of Interest in Common Areas Held by Condominium Owners by Age of Structure
Age of Structure % of Interest in Common Areas Held by
Condominium Owners
30 years 70%
40 years 60%
50 years 50%
60 years 40%
70 years 30%
10. For the purpose of this subsec�on, mul�ple owners of a single unit shall not be deemed as possessing, in the aggregate, any greater interest in the common areas than that possessed by a single owner of a unit.
11. Maintenance. The declara�on shall contain a provision establishing the obliga�on and duty of the governing body of the condominium to maintain the common areas in good condi�on.
12. Enforcement. The declara�on shall contain a provision ensuring the right of any owner to enforce the terms of the declara�on.
13. Maintenance of Common Areas and Facili�es.
a. Obliga�on. No condi�onal use permit shall be granted for a residen�al condominium development unless the obliga�on for care, upkeep and management of the common element is imposed on a nonprofit corpora�on (the associa�on). b. Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construc�on, reconstruc�on, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made propor�onal to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the associa�on may bring for the nonpayment of assessments shall be specified and may include penal�es for late payment. c. Veto Right and Authority of the City. In considera�on for the city’s approval of a condominium project, including, without limita�on, any approval of a conversion to condominium usage, the declara�on shall provide that the city, at its op�on, has the right and authority to veto any ac�on of the associa�on which would tend to decrease the amount of the regular assessment upon a finding by the city that such a decrease could or would adversely affect the long-term maintenance of the condominium structures or the common areas. To enable the city to exercise this op�onal veto the declara�on shall provide that the associa�on ac�ons to decrease the annual assessment do not become effec�ve un�l sixty days a�er writen no�ce of such ac�on is given to the city to enable the city to exercise this.
14. U�lity Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public u�lity easements in or adjacent to such private streets, adjacent to public streets or over other por�ons of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The commission may also require access routes necessary to assure that fire figh�ng equipment can reach and operate efficiently in all areas of the project.
15. Amendment of the Declara�on. Any amendment to the declara�on which would amend, modify, delete or otherwise affect any provision required by this sec�on shall require the prior writen approval of the city. To that end, no such amendment of the declara�on shall be effec�ve unless:
a. The text thereof shall have been submited to the city thirty days prior to its adop�on by the owners;
b. Either the city has approved the amendment or failed to disapprove it within the thirty-day period; and
c. The recorded instrument effec�ng such amendment shall recite that it was so submited and approved or not disapproved. (Ord. 822 §1, 1989)
17.11.140 Retail sales of alcoholic beverages.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling alcoholic beverages other than, or in addi�on to, the alcoholic beverages that are the subject of Sec�ons 17.11.090 and 17.11.100. For the purposes of this sec�on, the beverages that are the subject of this sec�on are referred to as “alcoholic beverages.”
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of ABC license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng permit to a new owner at the same loca�on. (Ord. 1084 §2, 2006)
B. Condi�onal use permit – required (on-sale and off-sale): A condi�onal use permit shall be required for any establishments proposing to sell or serve alcoholic beverages for on-site consump�on (“onsale uses”) and for retail establishments proposing to sell alcoholic beverages for off-site consump�on (“off-sale uses”). This requirement shall be in addi�on to any other en�tlements required. The applica�on for a condi�onal use permit shall be filed and processed according to the applicable provisions of Sec�on 17.03.060 and 17.03.130. (Ord. 1084 §2, 2006) C. Off-sale permits – restric�ons: A condi�onal use permit for off-sale alcoholic beverages shall not be issued if the proposed property is located in any area of undue concentra�on as defined in Sec�on 23958.4 of the Business and Professions Code, unless it is determined by the planning commission that the public convenience and necessity as defined in Chapter 17.02 would be served by the issuance of the condi�onal use permit. (Ord. 1084 §2, 2006) D. On-sale permits – distance requirements: No condi�onal use permit for on-sale alcoholic beverages shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious ins�tu�on, school, park, or area zoned for residen�al uses. The distance specified in this sec�on shall be measured in a straight line,
without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the use is proposed to the nearest property line of the exis�ng onsale use, religious ins�tu�on, school, park or property zoned for residen�al uses. (Ord. 1084 §2, 2006)
E. Opera�onal and performance standards: Establishments selling or serving alcoholic beverages shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, all condi�onal use permits for the sale or service of alcoholic beverages shall be subject to the following opera�onal and performance standards:
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the establishment’s ABC license unless the city imposes shorter hours of opera�on as a condi�on to the permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise as that term is defined in Sec�on 5.25.020 of this Code visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §2, 2006) F. Condi�onal use permit – expira�on: The regula�ons set forth in Sec�on 17.03.060 of this �tle regarding expira�on apply to any condi�onal use permit for alcoholic beverages.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §2, 2006) G. Modifica�on or revoca�on: A condi�onal use permit granted pursuant to Sec�on 17.11.140 B. of this sec�on shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the permit may modify and/or revoke the condi�onal use permit pursuant to the provisions in the manner provided by Sec�on 17.03.060 of this �tle. (Ord. 1084 §2, 2006)
H. Design standards: The design and appearance of any establishment, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §2, 2006)
17.11.150 Senior housing.
A. Purpose and intent: the purposes of this sec�on are to:
1. Facilitate the development of quality affordable and market rate housing for seniors;
2. Enhance the appearance and value of property in the city;
3. Provide various incen�ves to developers consistent with the State Density Bonus;
4. Ensure that affordable housing is provided to very low, low and moderate income seniors consistent with the State Regional Housing Needs Assessment (RHNA);
5. Ensure that senior housing developments are compa�ble with the surrounding community and complementary to the surrounding land uses. (Ord. 1096 §1, 2007) B. Target popula�on: All residents of senior housing shall be fi�y-five years or older except that one member of a married couple or registered domes�c partnership may be younger than fi�y-five years old. (Ord. 1096 §1, 2007)
C. Permited zones: subject to the terms of this sec�on, senior housing may be permited with a condi�onal use permit in the residen�al, commercial and commercial industrial zones. In addi�on, site plan review is required for any property located in the improvement district. (Ord. 1096 §1, 2007)
D. Site character: the developer for senior housing shall:
1. Preserve and incorporate in the project’s design unique exis�ng ameni�es (e.g., views, mature trees, etc.) if feasible;
2. Preserve and incorporate in the project’s design historic or dis�nc�ve structures of features as determined by the planning commission or the city council due to age, cultural significance, or unique architectural style;
3. Provide appropriate connec�ve elements (e.g., walkways) to adjoining residen�al and commercial uses. (Ord. 1096 §1, 2007)
Q. Table 17.11.150-A Development Standards for Senior Housing Standard Requirements
Building Setbacks
– Property Line
Adjacent to the
Frontage
20 ft from the property line adjacent to the frontage
Building Setbacks
– All Other
Property Lines
½ the height of the building wall adjacent to that property line Unit Size
(Minimum)
Studio: 475 sqft
1 Bedroom: 525 sqft
2 Bedroom: 700 sqft
Minimum
Dwelling
Amenities
At a minimum each unit shall have central heating and air conditioning and washer and dryer electrical and gas hook ups for standard washer and dryer appliances. A bachelor/studio unit may provide facilities for stackable washer/dryer appliances.
Laundry Facilities Laundry facilities shall be provided on each building floor if washer and dryers are not pro-vided in each of the proposed units. One washer and dryer shall be provided for every twenty units.
Trash Enclosure Trash enclosure should be fully enclosed with a masonry wall with, wood or metal gate and trellis roof. The enclosures shall be finished with colors and materials that are consistent with the rest of the structures. Enclosures should be screened with landscaping on their most visible sides.
Parking
Requirements 1
Consistent with the most recently adopted percentage of the RHNA for low income persons (40 dua): 0.7 parking space per dwelling unit +1 guest parking for every 10 units
In compliance with the State Density Bonus project requirements (50 dua): 0.5 parking spaces per dwell-ing unit +1 guest space for every 10 units Landscaping Landscaping should serve to frame, soften and embellish the quality of the environment; buffer units from noise or undesirable view; visually reduce or break up building mass, break up large expanses of parking and hardscape and provide shading and climate cooling of adjacent units. All areas not covered by structures, drive aisles, parking or hardscape should be land-scaped to the satisfaction of the director
Landscape
Planters
Minimum 15 ft in width shall be provided between the parking lot area or building and the public right-of-way. Said planter shall consist of the following:
• Turf, shrubs and mature trees (36 in box or larger) planted 20 ft on center • Accent landscaping at the driveway entries
• Corner lots shall include accent landscaping and focal point such as waterfalls or other hardscape and perennials within the subject landscape area
Utility and
mechanical
equipment
• All mechanical equipment (e.g., compressors, air conditioner, heating and ventilating equipment, chillers, standpipes, solar collectors, etc.) shall be concealed from view. Screening devices shall be compatible with the architecture and structure of the adjacent buildings.
• Mechanical equipment shall not be located on the roof unless screened by building elements designed for screening that are an integral part of the building design.
• Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
Recreational
Facilities
Recreational facilities shall be provided throughout the facility. The recreational facilities shall consist of open and enclosed areas for residents of the facilities to congregate, for recreation and leisure. The following standards shall be utilized for recreational facilities:
• The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.
• Each recreational facility shall have a focal point. The focal point may consist of, but not limited to, water fountains, landscape planters, monuments, waterways, ponds, artwork, trellises or gazebos. Each focal point shall compliment other focal points by maintaining a common theme, consistent furnishing and signage.
• Recreational facilities shall be categorized as either “major recreational facilities” or “minor recreational facilities.” Major and minor recreational facilities shall be designed to complement one another and be physically linked to one another by pedestrian walkways and directional signage.
Provision of
Major
Recreational
Facilities
Intended to be a significant recreational node or focal point for resident, and may include recreational buildings, swimming pools, tennis courts, spas, saunas and other amenities requiring significant investment and appropriate to serve residents, as determined by the city. The total minimum area shall be 2,000 square feet.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 3 Facilities
• Additional Units: 4+1 Facilities for every 100 units
Provision of
Minor
Recreational
Facilities
Intended to augment major recreational facilities, and may include rest areas, picnic and barbecue areas, gazebos and other such amenities requiring a less significant investment than a major facility and appropriate to serve residents. The total minimum area shall be 625 square feet.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 2 Facilities
• Additional Units: 3+1 Facilities for every 100 units
Exterior Lighting Lighting should provide illumination for the security and safety of on-site areas, such as parking, recreational facilities, building entries, and pathways. The following standards shall be utilized:
• The design of light fixtures and their structural support should be architecturally compatible with the main structures on the site. Light fixtures should be architecturally integrated into the design of a structure. • The location of the light fixtures should correspond to anticipated use. Lighting of pedestrian ways illuminates changes in grade, path intersections, staging areas, and any other uses along the movement path that, if left unlighted would create an unsafe situation.
• All lighting fixtures must be shielded to confine light spread on site. • Night lighting of building is encouraged, but should be accomplished in a selective manner, avoiding overall building illumination that produces an undesirable look. Night lighting of building features, emphasize repeated or decorative features, and use the juxtaposition light and shadow to articulate the building façade.
1. Parking requirements: The developer shall comply with the city’s standard parking requirements.
E. Architectural design: The developer shall consider a variety of different architectural features to add to the city’s overall image, provided the architecture is consistent with surrounding structures and uses. No specific architectural style or design is required. The developer should consider the following design issues:
1. Design Consistency.
a. Building design should demonstrate a consistent use of colors, materials, and detailing throughout all eleva�ons of the building. Piecemeal embellishment should be avoided. i. Eleva�ons that do not directly face a street should be appropriately landscaped.
2. Form and Mass. Designs should be provided a sense of human scale and propor�on. Structures should be designed to avoid a “box-like,” impersonal appearance by use of the following techniques:
a. Façade and Roof Ar�cula�on. Separa�ons, changes in plane and height, and the inclusion of elements like balconies, porches, arcades, dormers and cross gables mi�gate the barrackslike quality of flat wall and roof of excessive length. Secondary hipped or gabled roofs covering the en�re mass of a building are preferable to flat roofs, or pitched roof segments applied on only some por�ons of the building.
b. Balconies, porches and recess pa�os for both prac�cal and aesthe�c values. The elements should be integrated into the structures to break up large wall masses by offset building setbacks, using awnings/canopies.
c. Architectural detail through the use of columns, three-dimensional decora�ve cornice bands, recess entries and windows and awnings and canopies. d. Full roofs with substan�al overhangs.
e. Decora�ve parapets where roof overhangs are not provided.
3. Materials. Exterior materials should be very durable and require low maintenance. Piecemeal embellishment and frequent changes in materials should be avoided.
4. Building Colors. Exterior wall colors should harmonize with the site and surrounding buildings. a. Façade colors should be neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. b. Building trim and accent areas may feature brighter colors, including primary colors. c. The transi�on between base and accent colors should relate to changes in building materials or the changes in building surface planes. Colors should not meet or change without some physical change or defini�on of the surface plane.
d. The blending of compa�ble colors in a single façade or composi�on is a good way to add character and variety, while reducing, or breaking up lines of a building. (Ord. 1096 §1, 2007) F. Security considera�on: The developer shall:
1. Provide clear, unobstructed sightlines from entries to the street or parking lots.
2. Provide clear sightlines to outdoor open areas from doorways and windows.
3. Illuminate exterior spaces and internal common spaces with energy-efficient, vandal-proof lamps and fixtures. Warm light shall be used to provide visibility, a nonins�tu�onal feel and increase the feeling of ownership.
4. Locate laundry facili�es where they can be observed and where access can be effec�vely restricted.
5. Create privacy for the ground level units by using landscaping and fencing to buffer the units from the street or parking. Do not place landscaping too close to windows.
6. Make paths to the entry, parking and the trash deposit area well-defined, well-lit, and free from dense shrubs.
7. Eliminate hidden recess in hallways, entryways, and stairways. Ensure that there are not entrapment areas between buildings.
8. Design common spaces to encourage a sense of belonging. Design common open space to relate to a discrete number of units so that the spaces become “their” recrea�onal area.
9. Define the transi�on from the public street to the building so that the yard next to the building appears to belong to the building. Landscaped gardens and see-through fences create the sense of ownership and boundaries without compromising visibility.
10. Provide peepholes, strike plates and deadbolts in unit doors. (Ord. 1096 §1, 2007) G. Maintenance:
1. Con�nued good appearance depends on the extent and quality of maintenance. Materials and finishes shall be selected for their durability and wear, as well as for their beauty. Proper measures shall be taken for protec�on against weather, neglect, damage and abuse.
2. Provision for washing and cleaning buildings and structures, and control of dirt and refuse, shall be included in the design. Configura�ons that tend to catch and accumulate leaves, dirt and trash shall be avoided. (Ord. 1096 §1, 2007)
H. Affordability:
1. At least twenty-five percent of the dwelling units developed shall be available at affordable housing cost to persons and families of very-low and low income.
2. At least forty percent of the twenty-five percent described above shall be available at affordable housing cost to very low-income households.
3. The restric�on must remain available for the longer of fi�y-five years of the period of land use controls established in the redevelopment plan for the project area. The city or the South El Monte Improvement District shall be iden�fied in the covenants, condi�ons, and restric�ons (CC&Rs) as having the right to enforce affordability restric�ons.
4. The city reserves the right to require more stringent low-moderate income requirements where the city or the improvement district has par�cipated in financially assis�ng the development. (Ord. 1096 §1, 2007)
17.11.160 Water efficient landscaping.
A. Purpose and intent: the purposes of this sec�on are to:
1. Establish landscape standards that will provide for an aesthe�cally pleasing se�ng by crea�ng standards of design, installa�on, and maintenance of water efficient landscaping.
2. Create flexible landscape design for residen�al and nonresiden�al developments that will promote aesthe�c enhancements.
3. Promote the values of water efficient landscaping. (Ord. 1163 §1, 2012) B. Criteria:
1. All residen�al proper�es consis�ng of three or more units must adhere to the regula�ons listed.
2. All nonresiden�al proper�es must adhere to the following regula�ons listed. (Ord. 1163 §1, 2012)
C. City right to waive requirements:
1. The requirements of this chapter may be wholly or par�ally waived, at the discre�on of the city, for landscape rehabilita�on projects that are limited to replacement of plan�ngs with equal or lower water needs and where any modifica�ons to the irriga�on system do not require ministerial permits and the irriga�on system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regula�ons. (Ord. 1163 §1, 2012)
D. Water efficient landscaping criteria: The requirements of this chapter may be wholly or par�ally waived, at the discre�on of the city, for landscape rehabilita�on projects that are limited to replacement of plan�ngs with equal or lower water needs and where any modifica�ons to the irriga�on system do not require ministerial permits and the irriga�on system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regula�ons. (Ord. 1163 §1, 2012)
E. Landscape Documenta�on Package.
1. A copy of the landscape documenta�on package conforming to this criteria and plan check fee shall be submited to the city for review and approval prior to the issuance of building or construc�on permits. No building or construc�on permit shall be issued un�l the city reviews and approves the landscape documenta�on package.
2. A copy of the approved landscape documenta�on package shall be provided to the property owner or site manager along with the record drawings and any other informa�on normally forwarded to the property owner or site manager.
3. Each landscape documenta�on package shall include the following elements:
a. Landscape design plan.
b. Irriga�on design plan.
c. Cer�ficate of substan�al comple�on (to be submited a�er installa�on of the project). d. Such other informa�on as deemed necessary by the planning director, including, but not limited to, a grading design plan and/or soil analysis.
F. Elements of the Landscape Documenta�on Package.
1. Landscape Design Plan. A landscape design plan, prepared by a licensed landscape architect, mee�ng the following requirements shall be submited as part of the landscape documenta�on package.
a. Plant Selec�on and Grouping.
i. Plants having similar water use shall be grouped together in dis�nct hydrozones (a list of acceptable plant materials has been included in Appendices A through D atached to the ordinance codified in this chapter and incorporated by reference). ii. Plants shall be selected appropriately based upon their adaptability to the clima�c, geological and topographical condi�ons of the site. Protec�on and preserva�on of na�ve species and natural areas is encouraged. The plan�ng of trees is encouraged wherever it is consistent with the other provisions of this chapter. iii. The list of recommended plan�ng materials is contained in Appendices A through D.
Alterna�ve materials may be used when the overall landscape plan conforms with the intent of this division as determined by the planning director. iv. Fire preven�on needs shall be addressed in areas that are fire prone. v. Overall, the landscape design plan shall provide for a water efficient landscape concept. b. Water Features.
i. Recircula�ng water shall be used for decora�ve water features. ii. Pool and spa covers are encouraged.
c. Landscape Design Plan Specifica�ons. The landscape design plan shall be drawn on project base sheets at a scale no less than 1ʺ = 30ʹ - 0ʺ and that accurately and clearly iden�fies:
i. Designa�on of hydrozones and a descrip�on of water usage within said hydrozones (low, moderate and high irriga�on water requirements).
ii. Landscape materials, trees, shrubs, ground-cover, turf and other vegeta�on. Plan�ng symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quan��es of each group of plants indicated. iii. Property lines and street names.
iv. Streets, driveways, walkways and other paved areas. v. Pools, ponds, water features, fences and retaining walls. vi. Exis�ng and proposed buildings and structures including eleva�on if applicable. vii. Tree staking, plant installa�on, soil prepara�on details and any other applicable plan�ng and installa�on details.
viii. Natural features including but not limited to rock outcroppings, exis�ng trees and shrubs that will remain.
ix. A calcula�on of the total landscaped area and percentage of turf area. x. Designa�on of recrea�onal areas.
2. Irriga�on Design Plan. An irriga�on design plan, prepared by a licensed landscape architect or cer�fied irriga�on designer, mee�ng the following condi�ons shall be submited as part of the landscape documenta�on package.
a. Water Efficiency. The irriga�on design plan shall provide for a water efficient irriga�on system.
b. Runoff and Overspray. Soil types and infiltra�on rate shall be considered when designing irriga�on systems. All irriga�on systems shall be designed to avoid excessive runoff, low head drainage, excessive overspray, or other similar condi�ons where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irriga�on equipment and schedules, including features such as repeat cycles, shall be used to closely match applica�on rates to infiltra�on rates therefore minimizing runoff.
G. Special aten�on shall be given to avoid runoff on slopes and, to avoid overspray in plan�ng areas with a width less than ten feet, and in median strips.
a. Water Meters. Separate landscape water meter(s) shall be installed for all projects except for single-family homes or any project with a landscaped area of less than five thousand square feet.
b. Controllers. Automa�c control systems shall be required for all irriga�on systems and must be able to accommodate all aspects of the design.
c. Valves. Plants which require different amounts of water shall be irrigated by separate valves.
If one valve is used for a given area, only plants with similar water use shall be used in the area. An�-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
d. Sprinkler Head. Heads and emiters shall have consistent applica�on rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, applica�on rate, opera�ng pressure, adjustment capability and ease of maintenance. e. Rain Sensing Override Devices. Rain sensing override devices shall be required on all irriga�on systems with landscaped areas of two thousand five hundred square feet or more. f. Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.
g. Irriga�on Design Plan Specifica�ons.
h. Irriga�on systems shall be designed to be consistent with hydrozones.
H. The irriga�on design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan.
I. The irriga�on design plan shall accurately and clearly iden�fy:
1. Loca�on and size of separate water meters for the landscape.
2. Loca�on, type and size of all components of the irriga�on system, including automa�c controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers and backflow preven�on devices.
3. Sta�c water pressure at the point of connec�on to the public water supply.
4. Flow rate (gallons per minute), applica�on rate (inches per hour), and design opera�ng pressure (psi) for each sta�on.
5. Where available, the irriga�on plan shall include reclaimed water.
6. Es�mated annual water use expressed in inches per square foot of landscape area per year.
7. Cer�ficate of Substan�al Comple�on. Prior to the final of building permits, the developer shall submit a cer�ficate of substan�al comple�on to the city completed by the licensed landscape architect or cer�fied irriga�on designer that designed the plans, u�lizing forms designated for this purpose.
J. Landscape and irriga�on plans shall be reviewed for compliance with the water efficient landscape criteria. These comprise a point system with points awarded for both landscape and irriga�on techniques. A minimum of one hundred points shall be achieved in each technique category in order for the planning department to approve said plans. (Ord. 1163 §1, 2012) R. Table 17.11.160-A Point Scale
(1) Landscape Techniques Max. Points
Water conserving plants, and/or plants na�ve to hot dry summers, u�lized in 75% of the total plant area of the landscape. 40 Turf limited to 20% of the total landscape in all projects. In no case shall turf make up more than 50% of the total landscape.
30 Use of crea�ve, though�ul and diverse hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them.
30 Mulch u�lized in the landscape (3 inches minimum, 4 inches preferred). 10 Hardscape or non-irrigated surfaces used in at least 10% of the total landscape.
10 Where turf is u�lized, the use of a proven water-conserving turf. 10 Soil amendments to improve water holding a capacity of soil incorporated into soil prepara�on details.
10 Total 140 Min. 100
(2) Irriga�on Techniques Max. Points
The total amount of irriga�on applied to all landscape areas does not exceed 42 inches per square foot of landscape area per year. 40 Automa�c irriga�on system adjusted seasonally and with watering hours between seven p.m. and ten a.m.
30 Irriga�on system designated to water different areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.). 30 Sensi�ve to slope factors. 10
Soil moisture sensors used in conjunc�on with the automa�c irriga�on system.
10 Rain sensors used in conjunc�on with the automa�c irriga�on system. 10 Wind sensors used in conjunc�on with the automa�c irriga�on system. 10 Recommended annual irriga�on schedule for informa�on purposes. 5 Use of reclaimed or recycled water in accordance with health and safety codes.
5 Total 160 Min. 110
Addi�onal comparable points (not to exceed 30) may be awarded for the use of any water-conserving method not listed above which the planning director finds to be in accord with the purpose of this chapter.
(Ord. 1163 §1, 2012)
K. Maintenance of exis�ng landscapes.
1. Water waste resul�ng from inefficient landscape irriga�on leading to excessive runoff, low-head drainage, overspray or other similar condi�ons where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures is prohibited.
2. Landscapes shall be maintained to ensure water efficiency. All landscaped areas, regardless whether installed pursuant to this chapter, shall be maintained in a healthful and sound condi�on. Irriga�on systems and their components shall be maintained in a fully func�onal manner consistent with the originally approved design. A regular maintenance schedule shall be followed, including, but not limited to: checking, adjus�ng and repairing irriga�on equipment, rese�ng the automa�c controller, aera�ng and dethatching turf areas, replenishing mulch, fer�lizing, pruning, and weeding in all landscaped areas. (Ord. 1163 §1, 2012)
Chapter 17.12
ACCESSORY DWELLING UNITS
Sections
17.12.010 Intent and purpose.
17.12.020 Applicability.
17.12.030 Common interest development.
17.12.040 Location and operational standards.
17.12.050 Development standards.
17.12.060 Parking requirements.
17.12.070 Impact fees.
17.12.080 Enforcement.
17.12.090 Exceptions.
17.12.100 Accessory buildings.
17.12.010 Intent and purpose.
The purpose of the accessory dwelling unit chapter is to comply with state law. The chapter provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with singlefamily or multifamily dwellings. These structures are accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) Such accessory dwellings are allowed because they can contribute needed housing to the community’s housing stock. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, renters, and homeowners who create accessory dwelling units. In addition, the chapter provides a mechanism to grant legal status to existing illegally constructed accessory units in single family neighborhoods. By encouraging legalization, safe dwellings may be added to the city’s existing housing supply. (Ord. 1242 §5, 2020)
17.12.020 Applicability.
A. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter.
B. The director or his or her designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this chapter within the time limits specified by Government Code Sections 65852.2 and 65852.22 or successor provisions. (Ord. 1242 §5, 2020)
C. The application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).)
D. A local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
17.12.030 Common interest development.
A. Allows for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ.
Code, § 4741, subd. (a).)
B. Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
17.12.040 Loca�on and opera�onal standards.
A. One accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) may be constructed on any legal parcel in areas zoned to allow single-family or multifamily dwellings.
B. Accessory dwelling units shall only be built when there is an existing or proposed single-family or multifamily residence (e.g., primary residence) on the site. Junior accessory dwelling units shall only be built when there is an existing or proposed single-family residence on the site. If a site is vacant, an ADU or JADU may be constructed at the same time as a primary residence.
C. The accessory dwelling unit may be attached to the primary residence, located within the living area of the primary residence, or detached from the primary residence and located on the same lot as the existing dwelling.
D. Any rental term of the accessory dwelling unit shall be longer than thirty days.
E. The accessory dwelling unit may be conveyed separately from the primary residence under certain conditions, including that:
1. The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
2. There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
3. The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).)
4. The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
F. Prior to issuance of a building permit for the accessory dwelling unit or junior accessory dwelling unit, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this chapter, as follows:
1. For any junior accessory dwelling unit, the owner shall record a deed restriction, which shall run with the land, using a form to be provided by the city, memorializing the following:
a. The junior accessory dwelling unit shall not be sold or owned separately from the primary residence, and the property shall not be subdivided in any manner which would authorize such separate sale or ownership;
b. The junior accessory dwelling unit shall not exceed the size and attributes set forth in this chapter and Government Code Section 65852.22, including any future amendments thereto; c. Should a property have both an ADU and JADU, either the primary residence or the junior accessory dwelling unit must be owner-occupied at all times as required by state law, unless the owner is another governmental agency, land trust, or housing organization. (Gov. Code, § 65852.22, subd. (a)(2).)
2. Accessory dwelling units do not count toward the density requirements in the General Plan or zoning regulations. (Ord. 1242 §5, 2020)
17.12.050 Development standards.
The following standards apply to all accessory dwelling units.
A. An accessory dwelling unit with one or fewer bedrooms shall not be more than eight hundred fifty square feet in gross floor area and an accessory dwelling unit with two or more bedrooms shall not be more than one thousand square feet in gross floor area.
B. The conversion of an existing accessory structure or a portion of the existing primary residence to an accessory dwelling unit is not subject to unit size requirements. However, any application that proposes to expand an accessory structure to create an accessory dwelling unit beyond 150 square feet would be subject to the size maximums outlined in State ADU Law and Chapter 17.12.
C. A detached accessory dwelling unit shall be limited to a height of sixteen feet.
D. A detached accessory dwelling unit shall be located behind the rear building line of the primary residence.
E. The color, material and texture of the roof, exterior walls, fenestration, and architectural feature of an accessory dwelling unit shall be architecturally compatible with the primary dwelling unit and adjacent properties. The roof pitch of a second unit shall match the roof pitch of the primary dwelling unit.
F. Setbacks for Detached Accessory Dwelling Units. The side-yard and rear-yard setback for detached accessory dwelling units shall be no less than three feet in accordance with the Uniform Building Code.
Accessory units higher than one story shall provide side yard setbacks of four feet and rear yard setbacks of four feet. If any portion of an accessory dwelling unit is located in front of the main building, then the front and side yard setbacks shall be the same as a main building in the zoning district. Accessory dwelling units are not eligible for variances to setbacks.
G. No setback shall be required for an existing structure that is converted to an accessory dwelling unit unless it is required to provide sufficient fire safety as required by the City Code.
H. Setbacks for a newly constructed attached accessory dwelling unit shall meet the same setbacks as the main building in the zoning district or four feet, whichever is less.
I. Notwithstanding the requirements and standards above, accessory dwelling units that meet all of the following criteria shall be permitted on all residential zoning districts on a lot with an existing singlefamily or multifamily residence:
1. The accessory dwelling unit is contained within a legally constructed existing space (i.e., a fully enclosed area, including a garage) of the primary dwelling or accessory structure.
2. There is an independent exterior access from the existing residence.
3. Side and rear setbacks are sufficient for fire safety.
4. All applicable building and safety codes are met. Only one accessory dwelling unit and one junior accessory dwelling unit will exist on the site.
J. The following standards apply only to junior accessory dwelling units:
1. A junior accessory dwelling unit shall not be more than five hundred square feet in size and contained entirely within an existing or proposed single-family structure.
2. The entrance to a junior accessory dwelling unit must be separate from the main entrance to the structure.
3. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
4. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
17.12.060 Parking requirements.
A. One parking space shall be provided on site for the accessory dwelling unit. The on-site parking space required for the accessory dwelling unit may be provided as covered, uncovered, or as tandem parking on an existing driveway.
B. Exception. No additional parking space is required for an accessory dwelling unit if it meets any of the following conditions:
1. The accessory dwelling unit is located within one-half mile walking distance of public transit.
Public transit includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
C. Any onsite parking lost due to the conversion of a garage, carport or covered parking structure into an accessory dwelling unit cannot be replaced with off-street parking spaces (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D. An accessory dwelling unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site. (Ord. 1242 §5, 2020)
E. No accessory building or structure shall block or otherwise prevent the entry of passenger vehicles to any garage. (Ord. 1089 §3, 2006; Ord. 822 §1, 1989)
Figure 17.12.060-A Back Up Triangle
17.12.070 Impact Fees
A. Accessory dwelling units up to 750 square feet are exempt from impact fees; accessory dwelling units that are 750 square feet or larger may be charged impact fees but only such fees that are propor�onal in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).)
B. ADUs converted from exis�ng space and JADUs shall not be considered by a local agency, special district, or water corpora�on to be a new residen�al use for purposes of calcula�ng connec�on fees or capacity charges for u�li�es, unless constructed with a new single-family dwelling. The connec�on fee or capacity charge shall be propor�onate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov. Code, § 65852.2, subd. (f)(2).)
17.12.080 Enforcement
Upon application and approval, any enforcement action against a qualifying substandard ADU must be delayed for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).)
17.12.090 Excep�ons
A. Ministerial approval shall apply for building permit applications that satisfy the following standards.
1. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Section 65852.22.
2. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
a. One accessory dwelling unit within an existing multifamily dwelling is allowed up to twentyfive percent of the existing multifamily dwelling units.
3. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of sixteen feet and four-foot rear yard and side setbacks. (Ord. 1242 §5, 2020) B. An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).)
17.12.100 Accessory Buildings
This section applies to accessory buildings not used for residential use.
A. Generally: The location and use of accessory buildings or structures shall be governed by the following sections of this chapter. (Ord. 822 §1, 1989)
B. Common walls: Where an accessory building or structure is attached to a main building by means of a common foundation, wall, roof or other means of attachment, the accessory building or structure shall be considered a portion of the main building and shall comply with all the regulations applicable to the main building. (Ord. 822 §1, 1989)
C. Use:
1. An accessory building or structure shall not be used for any use not specifically permitted in the zone district in which the building or structure is located. No person shall occupy an accessory building or structure.
2. An accessory building shall not include a kitchen, bedrooms, or shower/bathtub. (Ord. 1089 §2, 2006; Ord. 822 §1, 1989)
D. Location and lot coverage in residential zones
1. The maximum size of an accessory building may not exceed 700 square feet.
2. An accessory building or structure shall not be located within twenty feet of the front property line on interior lots or key lots. If the primary building or structure is setback more than twenty feet, the accessory building or structure shall not be located closer than the closest portion of the house to the front or side street property line.
3. An accessory building or structure shall not be located within seventy-five feet of the front property line on corner lots or reversed corner lots.
4. A detached accessory building or structure shall not cover more than thirty percent of the required rear yard.
E. Setback for residential zones: No accessory building or structure in a residential zone shall be within three feet of a side or rear property line unless the accessory structure complies with the following construction standards:
1. The accessory structure is constructed with one-hour fire resistant material;
2. All drainage from the accessory structure is captured and transported within the boundaries of the lot upon which the accessory structure is located; and
3. The accessory structure contains no doors, openings or windows on the side or sides of the structure within three feet of the side or rear property line. (Ord. 1089 §4, 2006; Ord. 822 §1, 1989)
Chapter 17.13
DENSITY BONUS
Sections
17.13.010 Intent and purpose.
17.13.020 Implementation.
17.13.030 Types of incentives allowed.
17.13.040 Requirements for density bonus projects.
17.13.050 Development standards.
17.13.060 Processing of density bonus requests.
17.13.070 Density bonus housing agreement.
17.13.080 Changes in State Density Bonus Laws.
17.13.010 Intent and purpose.
The purpose of this chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with Government Code Sections 65915—65918. In enacting this chapter, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the city’s General Plan. (Ord. 1173 §1, 2014)
17.13.020 Implementa�on.
A. The city shall grant a density bonus and incen�ves pursuant to 17.13.020-B and 17.13.020-C to an applicant who agrees to provide any of the following:
Table 17.13.020-A Density Bonus Implementa�on
Type of Units Percent of Total Units (Minimum)
Very Low Income 5%
Lower Income 10%
Moderate Income Condominium 10% as defined by Civil Code Sections 1351(f) or (k) Any senior development Any
B. In determining the number of density bonus units to be granted pursuant to this sec�on, the density bonus for the site shall be computed as follows:
Table 17.13.020-B Maximum Allowable Density Bonus per Percent Increase in Units Made Affordable Type of Household Maximum Allowable Residential
Density
Percent Increases in Units
Made Affordable
Very Low Income +20% Each 1% increase (after 5%) =
2.5% density bonus increase,
up to 50%
Lower Income +16% Each 1% increase (after 10%) =
1.5% density bonus increase,
up to 50%
Moderate Income Condominium +5% Each 1% increase (after 10%) = 1% density bonus increase, up
to 50%
100% Affordable Developments +80% NA
1. Density Bonus for One-Hundred Percent Affordable Developments. Density bonuses are required to be provided for developments that contain one-hundred percent affordable units (out of total
units). These developments may have density bonuses up to eighty percent, provided that these developments result in a project cost reduc�on and that there are no adverse impacts on public health, safety, the environment, or historical proper�es that could be contrary to the law (AB 1763).
a. If one-hundred percent affordable developments are located within a half (1/2) mile of major transit stop, the development is exempt from maximum controls on density (AB 1763).
2. Certain Dona�ons of Land. When an applicant for a tenta�ve subdivision map, parcel map, or other residen�al development approval donates land to the city that sa�sfies the requirements of Government Code Sec�on 65915(g), and complies with all procedural requirements of that subsec�on, including recorda�on of a deed restric�on, the maximum allowable residen�al density for the site shall be increased by fi�een percent; provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Sec�on 65915(g), the density bonus shall be increased by one percent up to a maximum of fi�y. This increase shall be in addi�on to any increase required by Sec�on 17.13.020-A, up to a maximum combined density increase of fi�y percent, if an applicant seeks both the increase required by this subsec�on and by Sec�on 17.13.020-A.
3. All density calcula�ons resul�ng in frac�onal units shall be rounded up to the next whole number.
The density bonus shall not be included when determining the percentage of target units. When calcula�ng the required number of target units, any resul�ng frac�on of units shall be deleted.
4. Any development receiving a density bonus pursuant to 17.13 must reserve at least twenty percent of units for affordable housing. Eighty percent of units within the development must be consistent with the maximum rent level for developments that receive low-income tax credits from the California Tax Credit Alloca�on Commitee (CTCAC).
C. Number of Incen�ves. The applicant shall receive the following number of incen�ves or concessions:
Table 17.13.020-C Number of Incen�ves (AB 2345)
1. In cases where a density increase of more than the amount specified in Sec�on 17.13.020-B is requested, the density increase, if granted, shall be considered an addi�onal incen�ve.
2. Incen�ves provided, however, that these developments result in a project cost reduc�on and that there are no adverse impacts on public health, safety, the environment, or historical proper�es that could be contrary to the law.
D. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to Sec�on 17.13.020-A, and that includes a childcare facility as defined in Government Code Sec�on 65915(h)(4), the developer shall be en�tled to either an addi�onal density bonus that is an amount of square feet of residen�al space equal to or greater than the amount of square feet in the childcare facility, or an addi�onal incen�ve described in Chapter 17.13, that contributes significantly to the economic feasibility of the construc�on of the childcare facility. Any such childcare facility shall comply with the following:
Number of
Incentives
Percent of Total Units:
Lower Income
Households
Percent of Total Units:
Very Low Income
Households
Percent of Total Units:
Condominium for Moderate
Income Households
1 10% 5% 10%
2 17% 10% 20%
3 24% 15% 30%
4 100% Affordable Housing (may include up to 20% moderate income) (AB 1763)
1. The childcare facility shall remain in opera�on for a period of �me that is as long or longer than the period of �me during which the density bonus units are required to remain affordable;
2. Of the children who atend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income, pursuant to this chapter;
3. Notwithstanding the foregoing, the city shall not be required to provide a density bonus or incen�ve for a childcare facility when it is found, based upon substan�al evidence, that the community has adequate childcare facili�es. (Ord. 1173 §1, 2014)
17.13.030 Types of incen�ves allowed.
Incen�ves. If requested by the applicant, a qualifying project shall be en�tled to the following incen�ves, the number of which shall be determined pursuant to Chapter 17.13.020, unless the city makes the writen findings required by Government Code Sec�on 65915(d)(1):
A. Types of Incen�ves. Incen�ves may include, but are not limited to, any of the following:
1. A reduc�on in site development standards which exceed the minimum building standards provided in Part 2.5 (commencing with Sec�on 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following:
a. Reduced minimum lot sizes and/or dimensions,
b. Reduced minimum lot setbacks,
c. Reduced minimum outdoor and/or private outdoor open space, d. Increased maximum lot coverage,
e. Increased maximum building height
i. If development contains one-hundred percent affordable units and is located within a half (1/2) mile of major transit stop, the height of the development may exceed normal thresholds by up to thirty-three feet or three stories.
2. Reduced on-site parking standards,
3. Reduced minimum building separa�on requirements,
4. Other site or construc�on condi�ons applicable to a residen�al development;
5. Mixed-use zoning to allow the housing development to include nonresiden�al uses and/or allow the housing development to be within a nonresiden�al zone. Approval of mixed-use ac�vi�es in conjunc�on with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compa�ble with the housing development and the exis�ng or planned development in the area, and is consistent with the General Plan;
6. Another regulatory incen�ve or concession proposed by the applicant and agreed to by the city, that results in iden�fiable, financially sufficient, and actual cost reduc�ons. Permissible incen�ves include direct financial aid (e.g., CAL Home, or other Federal or State housing funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construc�on costs;
7. A density bonus of more than thirty-five percent;
8. Waived, reduced, or deferred plan check, or construc�on permit. Impact fees (e.g., capital facili�es, park, traffic, etc.) may not be imposed on affordable units in any Density Bonus development (AB 571).
B. Requirements.
1. Economic Feasibility. Any development incen�ve granted shall contribute to the economic feasibility of providing the target units.
2. Waivers or Modifica�ons of Development Standards. In addi�on to any density bonus or incen�ves provided, an applicant may seek a waiver or modifica�on of development standards that would physically preclude the construc�on of a housing development at the densi�es or with the incen�ves permited by this chapter.
a. The applicant may request a mee�ng with city staff to discuss the applicant’s proposal for reduced development standards. The city may not apply any development standard that would physically preclude the construc�on of a housing development at the densi�es or with the incen�ves permited by this chapter. (Ord. 1173 §1, 2014) b. Developments receiving maximum density waiver are only eligible for specified waiver or reduc�on of development standards unless city agrees to addi�onal waiver or reduc�on of development standards (AB 1763).
17.13.040 Requirements for density bonus projects.
A. The entry into and execu�on of the density bonus housing agreement shall be a condi�on of a discre�onary planning permit (e.g., tract maps, parcel maps, site plans, planned development or condi�onal use permits) or a ministerial building permit for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant’s cost as a restric�on running with the land on the parcel or parcels on which the target units will be constructed.
B. Target units shall remain restricted and be offered at affordable rents to the designated group for a period of fi�y-five years for rental units (or a longer period of �me if required by the construc�on or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), forty-four years for owner-occupied units, or otherwise as provided by law.
C. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assump�ons shall be used, unless the housing development is subject to different assump�ons imposed by other governmental regula�ons.
Table 17.13.040-A Household and Unit Size Assump�ons
SRO (residential hotel) unit 75% of 1 person
Studio 1 person
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 6 persons
D. An applicant shall agree that the ini�al occupants of the moderate income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Sec�on 50093.
E. Upon resale, the seller of the unit and the city shall share in the equity as follows:
1. The seller of the unit shall retain the value of any improvements, the down payment, and the seller’s propor�onate share of apprecia�on.
2. The city shall re-capture any ini�al subsidy and its propor�onate share of apprecia�on, which shall then be used within five years for any of the purposes described in Health and Safety Code Sec�on 33334.2(e) that promote homeownership.
3. For purposes of this subsec�on, the city’s “propor�onate share of apprecia�on” shall be equal to the ra�o of the city’s ini�al subsidy to the fair market value of the home at the �me of the ini�al sale.
4. For purposes of this subsec�on, the city’s “ini�al subsidy” shall be equal to the fair market value of the home at the �me of the ini�al sale minus the ini�al sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the ini�al market value, then the value at the �me of resale shall be used as the ini�al market value.
F. All for-sale target units shall be occupied by their purchasers; no ren�ng or subleasing shall be permited. The purchaser shall remain on �tle as long as the purchaser owns the unit.
G. The owner of a rental development shall submit annually, and within thirty days of occupancy of a target rental unit, a cer�ficate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.
H. The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.
I. The owner of a rental development shall provide to the city any addi�onal informa�on required by the city to ensure the long-term affordability of the target units by eligible households.
J. The city shall have the right to inspect the owner’s project-related records at any reasonable �me and shall be en�tled to audit the owner’s records once a year.
K. The city may establish fees associated with the se�ng up and monitoring of target units. (Ord. 1173 §1, 2014)
17.13.050 Development standards.
A. Target units shall be constructed concurrently with nonrestricted units unless both the city and the applicant agree within the density bonus housing agreement to an alterna�ve schedule for development.
B. Target units shall be built on-site wherever possible and when prac�cal, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher propor�on of target units with more bedrooms. The design and appearance of the target units shall be compa�ble with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards that may be modified as provided by this chapter. Devia�ons from these provisions may only be permited as part of an approved density bonus housing agreement.
C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alterna�ve development site. Where the applicant and the city form an agreement, the resul�ng linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alterna�ve site.
D. Parking Requirements. Upon the request of the developer of a housing development qualifying for a density bonus pursuant to this chapter, the city shall permit vehicular parking ra�os, inclusive of handicapped and guest parking, in accordance with the following standards:
Table 17.13.050-A Parking Alloca�on per Number of Bedrooms Number of Bedrooms Required Parking Space Allocation
0-1 1 space (onsite)
2-3 1.5 spaces (onsite)
4+ 2.5 spaces
Supportive or special needs housing Not subject to parking requirements
1. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsec�on, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking. (Ord. 1173 §1, 2014) E. Parking Requirements – Special Cases (AB 2345):
Table 17.13.050-B Parking Alloca�on per Type of Development and Access to Transit Type of Development Proximity to Transit Required Parking Space Allocation
Affordable housing development
with at least 11% of units for very
low income or 20% of units for
low income (calculated off of
base density
½ mile (unobstructed) to a
major transit stop
0.5 spaces per unit
100% affordable developments
(lower income households)
½ mile (unobstructed) No parking standards can be
imposed
Development for individuals 62+
years complying with Sections
51.2 and 51.3 of the Civil Code
½ mile (unobstructed) to a
fixed bus route running no less
than 8 times a day or
paratransit service
0.5 spaces per unit
Affordable housing development
(lower income) that is special
needs or supportive housing
½ mile (unobstructed) to a
fixed bus route running no less
than 8 times a day or
paratransit service
No parking standards can be
imposed
17.13.060 Processing of density bonus requests.
An applica�on for a density bonus pursuant to this chapter shall be processed as part of the applica�on for a housing development. An applica�on for a housing development shall not be determined “complete” for purposes of Government Code Sec�on 65920, et seq., unless and un�l the city council has given preliminary approval of the form and content of a density bonus housing agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the density bonus shall be as follows:
A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an applica�on for a density bonus as part of the submital of any formal request for approval of a housing development. The applica�on, whether a pre-applica�on or a formal applica�on, shall include:
1. A brief descrip�on of the proposed housing development, including the total number of units, target units, and density bonus units proposed;
2. The zoning and General Plan designa�ons and assessor’s parcel number(s) of the project site;
3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and
4. The number and nature of the incen�ves requested pursuant to this chapter.
B. Review of Density Bonus Request.
1. Within ninety days of receipt of the applica�on for a density bonus and a housing development, the city shall provide to an applicant a leter, which iden�fies project issues of concern, and the procedures for compliance with this chapter.
2. If addi�onal incen�ves are requested, the director of community development shall inform the applicant that the requested addi�onal incen�ves shall or shall not be recommended for considera�on with the proposed housing development, or that alterna�ve or modified incen�ves shall be recommended for considera�on in lieu of the requested incen�ves. If the director of community development recommends alterna�ve or modified incen�ves, the recommenda�on shall establish how the alterna�ve or modified incen�ves can be expected to have an equivalent affordability effect as the requested incen�ves.
C. Approval. The city shall approve a density bonus and requested incen�ves in conjunc�on with a discre�onary planning permit or ministerial building permit for a housing development if the applica�on complies with the provisions of this chapter. The execu�on and recorda�on of the density bonus housing agreement shall be a condi�on of approval of the discre�onary planning permit or ministerial building permit. (Ord. 1173 §1, 2014)
17.13.070 Density bonus housing agreement.
A. The terms of the dra� density bonus housing agreement (the “agreement”) shall be reviewed and revised as appropriate by the director of community development and the city atorney who shall formulate a recommenda�on to the planning commission for review and the city council for final approval.
B. Following execu�on of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The condi�ons contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construc�on of target units as a condi�on of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors-in-interest for this property, which is the subject of the housing development applica�on.
C. At a minimum, the agreement shall include the following:
1. The total number of units proposed within the housing development, including the number of target units;
2. A descrip�on of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
3. The loca�on, unit sizes (square feet) and number of bedrooms of target units;
4. Tenure of use restric�ons for target units per the period of �me outlined in Sec�on 17.13.050-B;
5. A schedule for comple�on and occupancy of target units;
6. A descrip�on of any addi�onal incen�ve being provided by the city;
7. A descrip�on of remedies for breach of the agreement by either party (the city may iden�fy tenants or qualified purchasers as third party beneficiaries under the agreement); and
8. Other provisions to ensure implementa�on and compliance with this chapter.
D. In the case of for-sale housing developments, the agreement shall provide for the following condi�ons governing the ini�al sale and use of target units during the applicable use restric�on period:
1. Target units shall, upon ini�al sale, be sold to and occupied by eligible very low, lower, or in the case of a condominium, moderate income households at an affordable sales price and housing cost, or to qualified senior ci�zen residents (i.e., maintained as senior ci�zen housing) or to qualified veteran housing residents.
2. The ini�al purchaser of each target unit shall execute an instrument or agreement, approved by the city atorney, restric�ng the sale of the target unit in accordance with this chapter during the applicable use restric�on period. Such instrument or agreement shall be recorded against the