an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or subleasehold. A residenƟal condominium is a unique land use which has many similariƟes to the ownership of a single-family dwelling, except that it is usually marked by higher densiƟes, conƟguity of living units, and the aforemenƟoned common interest in the parcel of real property on which it is situated.
Dwelling, ResidenƟal condominium common area.
“ResidenƟal condominium common area” or “common area” means the enƟre project excepƟng all units granted or reserved.
Dwelling, ResidenƟal condominium documents or condominium documents. “ResidenƟal condominium documents” or “condominium documents” means the declaraƟon of covenants, condiƟons, and restricƟons (the “declaraƟon”), the descripƟon of project elements, the condominium plan establishing a plan for residenƟal condominium ownership and the arƟcles of incorporaƟon and bylaws of the associaƟon of the owners.
Dwelling, ResidenƟal condominium owner.
“ResidenƟal condominium owner” means the owner of a residenƟal condominium.
Dwelling, ResidenƟal condominium project.
“ResidenƟal condominium project” means the enƟre parcel of real property divided into condominiums including all structures located on or to be located on such real property.
Dwelling, ResidenƟal condominium unit.
“ResidenƟal condominium unit” means the elements of a residenƟal condominium which are not owned in common with the owners of other condominiums in the project. (Ord. 822 §1, 1989) Dwelling, mulƟple.
A “mulƟple dwelling” means a detached building designed and used for occupancy by three or more families, each living independently of the others and each having separate kitchen faciliƟes. (Ord. 822 §1, 1989)
Dwelling, single-family.
A “single-family dwelling” means a detached building designed or used exclusively for occupancy by one family and having a kitchen facility for only one family and may include housing types described in California Government Code SecƟon 65852. (Ord. 822 §1, 1989) Dwelling, two-family.
A “two-family dwelling” means a building designed or used exclusively for the occupancy by two households, living independently of each other and having separate kitchen faciliƟes for each family and containing two (2) aƩached dwelling units, excludes accessory dwelling units. The term “two-family dwelling” shall include the term “duplex.” (Ord. 822 §1, 1929) Dwelling, MulƟple-Family.
A building that contains three (3) or more dwelling units that share common walls or floor/ceilings. The land under the buildings or units is not divided into separate lots. The units may have separate or joint entrance, and typically have common parking and open space areas.
Dwelling, Townhouse.
An arrangement of single-family dwellings, joined by common walls on not more than two (2) sides, with the uppermost story being a porƟon of the same dwelling located directly beneath at the grade of the first floor level, and having exclusive individual ownership and occupant rights of each dwelling unit, including, but not limited to, the land area directly beneath such dwelling.
Dwelling, Triplex.
“Triplex Dwelling” means the whole of a dwelling that is divided horizontally and/or verƟcally into three (3) separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance.
Dwelling unit.
“Dwelling unit” means a permanent non-commercial structure or porƟon thereof, including manufactured structures, designed, or used as a residence providing complete, independent living faciliƟes for one household containing one or more rooms with living, sleeping, eaƟng, kitchen and sanitaƟon faciliƟes.
Easement.
“Easement” means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporaƟon, or another person or enƟty.
Eave.
“Eave” means the projecƟng lower edge of a roof overhanging the wall of a building.
Ecological restoraƟon project.
“Ecological restoraƟon project” means a project where the site is intenƟonally altered to establish a defined, indigenous, historic ecosystem.
Efficiency unit.
“Efficiency unit” means a separate living space with a minimum floor area of one hundred fiŌy square feet which contains parƟal kitchen or bathroom faciliƟes. (Ord. 1051 §4, 2003) Electric vehicle charging staƟon or charging staƟon.
“Electric vehicle charging staƟon or charging staƟon” Means any level of electric vehicle supply equipment staƟon that is designed and built in compliance with arƟcle 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
Electronic submiƩal.
“Electronic submiƩal” means the uƟlizaƟon of one or more of either electronic mail, the internet, or facsimile.
ElevaƟon.
“ElevaƟon” means a flat scale drawing of the front, rear or side of a building or structure.
Emergency Shelter.
Means housing with minimal supporƟve services that is designed for and occupied by homeless persons for no more than six-months in a consecuƟve twelve-month period. Emergency Housing shall have the same meaning as defined and used in SecƟon 50801(e) of the California Health and Safety Code.
EmiƩer.
“EmiƩer” means drip irrigaƟon fiƫngs that deliver water slowly from the system to the soil.
Employee parking area.
“Employee parking area” means the porƟon of total required parking for a development for the use by onsite employees.
Enclosed.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.
Entertainment.
“Entertainment” means acƟviƟes which are open to the members of the public with or without charge and any of the following:
A. Any act, play, review, pantomime, scene, dance, dance act, or song and dance act performed or parƟcipated in by one or more persons, whether or not such person or persons are compensated for such performance; excepƟng from this subsecƟon instrumental music, with or without vocal accompaniment, as an accessory use to a use otherwise permiƩed in the respecƟve zone; B. Any theatrical performance, whether live, on film, on television, in pantomime or in silhoueƩe in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances;
C. Karaoke uses which shall mean a use whereby an amateur or amateurs perform and/or parƟcipate in a song act without compensaƟon when accompanied by audio and/or visual devices. Karaoke uses shall be permiƩed only when conducted as an accessory use to a bona fide restaurant/bar.
Entertainment, live.
For purposes of Chapter 17.06 and Chapter 17.07, “live entertainment” means any performance by any person or animal that takes place within or upon the premises of any business for the purpose of entertaining the patrons of said business. (Ord. 918 §4, 1992) Environmental.
“Environmental” includes the following:
A. “California Environmental Quality Act (CEQA)” means the State law contained in the California Public Resources Code, SecƟon 2100 et seq.
B. “Environmental Impact Report (EIR)” means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to miƟgate or avoid the effects. The contents of an EIR are discussed in CEQA Guidelines ArƟcle 9, commencing with SecƟon 15120. The term “EIR” may mean either a draŌ or a final EIR depending on the context.
C. “ExempƟon” means an acƟon that is not subject to CEQA. This exempt status may be documented with a NoƟce of ExempƟon (NOE).
D. “IniƟal Study (IS)” means a preliminary analysis of the environmental effects of a proposed acƟon used to determine whether an EIR, Subsequent EIR, Supplemental EIR, Addendum to an EIR, or a NegaƟve DeclaraƟon (ND) must be prepared and used to idenƟfy the significant environmental
effects to be analyzed. The IniƟal Study may also be used to streamline environmental review by determining that a previous EIR adequately analyzes the current proposed project or whether the project is part of a larger project, and a master, Ɵered, program, or focused EIR would be appropriate.
E. “MiƟgaƟon” includes the following:
1. Avoiding the impact altogether by not taking a certain acƟon or parts of an acƟon.
2. Minimizing impacts by limiƟng the degree or magnitude of the acƟon and its implementaƟon.
3. RecƟfying the impact by repairing, rehabilitaƟng, or restoring the impacted environment.
4. Reducing or eliminaƟng the impact over Ɵme by preservaƟon and maintenance operaƟons during the life of the acƟon.
5. CompensaƟng for the impact by replacing or providing subsƟtute resources or environments.
F. “NegaƟve DeclaraƟon (ND)” means a wriƩen statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and why it does not require the preparaƟon of an EIR. The accompanying IniƟal Study shall support the reasons.
G. “Project” under CEQA means a project is the whole of an acƟon that has the potenƟal to result in either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
Established landscape.
“Established landscape” means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.
Establishment period.
“Establishment period” means the first year aŌer installing the plant in the landscape.
Expansion.
“Expansion” means, as applied to development, increasing the scope, volume, or size of an exisƟng or proposed use, structure, parking, signage, etc.
Exterior architectural feature.
“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outer surface of a landmark, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such landmark.
Façade.
“Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within a building. The major width of any exterior elevaƟon of a building, extending from the grade to the top of the parapet wall or eaves, that is parallel to a street property line.
Façade Mounted Antenna.
“Façade mounted antenna” means a wireless telecommunicaƟons facility mounted on to the façade of a building or structure.
Family.
“Family” means reasonable number of persons living together as a single housekeeping unit in a dwelling unit. Reasonable can be one or more persons, whether or not related by blood, marriage or adopƟon, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and uƟliƟes, as well as maintaining a single lease or rental agreement for all members of the household and other similar characterisƟcs indicaƟve of a single household.
Family care or community care facility, general.
Any family home, group care facility or similar facility providing 24-hour non-medical services, supervision, or assistance essenƟal for sustaining the acƟviƟes of daily living for seven adults, children, or adults and children or more. ResidenƟal care facility includes shelters, board and care faciliƟes, halfway houses, wards of the juvenile court and the like and excludes "Sober living faciliƟes” Family care or community care facility, limited.
A “limited family care or community care facility” means a facility which provides resident services in a private residence to six or fewer individuals who are not related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult supervision in accordance with their individual needs. This category includes foster or boarding homes for children, group homes, and family homes. “Family or community care faciliƟes” shall be subject to the following condiƟons:
A. Such faciliƟes shall be permiƩed only in dwelling units licensed by the state, county, or other jurisdicƟon so authorized;
B. That there be no undue concentraƟon of such faciliƟes in any block or neighborhood when such concentraƟon would become materially detrimental to the public health or safety or to the aims and goals of the program.
C. That the use be so operated as not to consƟtute a public nuisance. (Ord. 822 §1, 1989) Family Day Care Home
A home that regularly provides care, protecƟon, and supervision for fourteen (14) or fewer children, in the provider’s own dwelling, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home.
A. Large family day care home means a home that provides family day care for nine (9) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home.
B. Small family day care home means a home that provides family day care for eight (8) or fewer children, inclusive, including children under the age of ten (10) years who reside at the home.
FCC.
“FCC” means the Federal CommunicaƟons Commission.
Feasible method to saƟsfactorily miƟgate or avoid the specific adverse impact. “Feasible method to saƟsfactorily miƟgate or avoid the specific adverse impact” Includes, but is not limited to, any cost-effecƟve method, condiƟon or miƟgaƟon imposed by the City on another similarly situated applicaƟon in a prior successful applicaƟon for a similar permit.
Flags, adverƟsing.
“AdverƟsing flags” means adverƟsing devices made from thin cloth, plasƟc, paper, or other similar material that do not carry printed adverƟsing copy, but are used to aƩract the aƩenƟon of potenƟal customers to the specific locaƟon where the flags are displayed. The use of adverƟsing flags shall be limited to businesses engaged in the outdoor sale of motor vehicles and watercraŌ. (Ord. 1039 §2, 2002) Flood.
“Flood” means a temporary rise in a stream’s flow or stage that results in water overflowing its banks and inundaƟng areas adjacent to the channel, or an unusual and rapid accumulaƟon of runoff or surface waters from any source.
Floodproofing.
“Floodproofing” means any combinaƟon of structural and nonstructural addiƟons, changes, or adjustments to structures including uƟlity and sanitary faciliƟes which would preclude the entry of water. Structural components shall have the capability of resisƟng hydrostaƟc and hydrodynamic loads and shall have the effect of buoyancy.
Floor Area RaƟo (FAR).
The gross floor area (all floors) of a building(s) on a lot divided by the lot area. Building elements included into the calculaƟon include, but are not limited to, the main structure, the main dwelling, accessory structures, atriums, foyers, mezzanines and loŌs, enclosed paƟos, and enclosed porches. Building elements such as garages, carports, open paƟos and open porches are not included into the calculaƟon. A basement (where more than fiŌy percent (50%) of the volume of the room is below grade) is exempt from the requirements limiƟng the floor area raƟo.
Floor Area, Gross.
The horizontal space of habitable and non-habitual areas of all floors of all enclosed structures on the property measured from exterior wall to exterior wall including, but not limited to, the main structure, main dwelling structure, accessory buildings, accessory dwelling units, atriums, garages, foyers, enclosed paƟos, sheds, habitable aƫc space, basements, closets, uƟlity rooms, mechanical rooms, elevator shaŌs, stairwells, and janitor rooms.
Floor Area, Net.
“Net floor area” means the gross floor area of a building or structure, minus elevator shaŌs, stairwells, floor area intended and designed for the parking of motor vehicles, interior balconies, and electrical and mechanical equipment rooms. “Net floor area” shall also exclude open interior pedestrian walkways, lobbies, plazas and interior balconies, such as those found in enclosed shopping malls, office and hotel lobbies and atrium buildings, which exceed minimum code requirements for hallways and passageways.
Foster home (seven or more children).
A “foster home (seven or more children)” means a group care facility licensed by the county welfare agency or by the state of California to provide care and supervision of children in a group seƫng. (Ord. 822 §1, 1989)
Foster home (six or fewer children).
A “foster home (six or fewer children)” means a family size facility licensed by the county welfare agency to provide care and supervision of children in a family seƫng. (Ord. 822 §1, 1989) Frontage.
“Frontage” means the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot. (Ord. 822 §1, 1989)
Garage, private.
“Private garage” means an accessory building or an accessory porƟon of a main building not including carports, designed, or used only for the shelter or storage of operaƟng motor vehicles owned or operated by the occupants of the main building. (Ord. 822 §1, 1989) Garage, public.
“Public garage” means any garage other than a private garage used only for the shelter or storage of operaƟng motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicles. (Ord. 822 §1, 1989)
Garage sale.
“Garage sale” means a garage, yard, paƟo, or similar type sale held in a residenƟal zone for the purpose of disposing of personal property. (Ord. 889 §1, 1990)
Garage, Side Loaded.
A garage in which the door is perpendicular to the front property line and vehicular access requires a radius for maneuvering in and out of the structure.
General plan.
“General plan” means the General “Master” Plan of the City of South El Monte.
Government Code.
“Government Code” means the State of California Government Code.
Government or Public Facility.
“Government or public facility” means offices or uses established by any governmental or public enƟty which are established to provide direct service to the public at a parƟcular locaƟon. Examples of public faciliƟes and uses include, but are not limited to, the following:
A. Department of Social Welfare;
B. Department of Motor Vehicles;
C. Department of Human Resources Development;
D. Internal Revenue Service;
E. Social Security AdministraƟon;
F. Jails and similar detenƟon faciliƟes;
G. Hospitals established and maintained by public enƟƟes; H. Courts.
Grade.
“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 822 §1, 1989). “Grade” as it relates to adverƟsing signs means the level of the public sidewalk or curb closest to the sign unless otherwise provided in these regulaƟons.
Grade, ExisƟng.
“ExisƟng grade” means the contour of the ground surface before grading.
Grade, Finished.
Finished grade means the completed paved or graded elevaƟon of a lot.
Grade, Natural.
“Natural grade” means the elevaƟon of the ground level in its natural state before grading.
Grade, Street.
“Street grade” means the elevaƟon of the centerline of the street adjacent to the site proposed for development.
Grocery Store.
“Grocery store” means a retail establishment, of less than fiŌeen thousand (15,000) square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than ten (10) percent of the enƟre square footage of the establishment. See “Supermarket.”
Ground floor.
“Ground floor” means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the adjoining sidewalk. If a sloped site, the ground floor elevaƟon is measured at the point of entry.
Guest Parking.
“Guest parking” means parking spaces provided with a residenƟal unit for intermiƩent use by visitors.
Gunsmith or Armorer.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms. A gunsmith does factory level repairs, renovaƟon (such as applying metal finishes), and makes modificaƟons and alteraƟons for special uses. Gunsmiths may also apply carvings, engravings and other decoraƟve features to an otherwise finished gun. This occupaƟon is different from an armorer. The armorer primarily maintains (disassembly, cleaning) weapons and limited repairs involving parts replacement and possibly work involving modificaƟons to make the weapon more accurate. For the purposes of this Zoning Code, “gunsmith” will be considered to include “armorer.”
Habitable floor.
“Habitable floor” means any floor used for living which includes working, sleeping, eaƟng, cooking or recreaƟon or a combinaƟon thereof. A floor used only for storage purposes is not a habitable floor for the purpose of these regulaƟons.
Habitable room or space.
“Habitable room or space” means a room or space in a structure for living, sleeping, eaƟng and/or cooking.
Hardscape.
“Hardscape” means decoraƟve elements that may be combined with landscaping to saƟsfy the landscaping requirements of this Zoning Code. Hardscape elements include, but are not limited to natural features such as rock, slate and stone and structural features such as art works, benches, fences, fountains, reflecƟng pools, screens, swimming pools, walls and crushed granite.
Hazardous Waste.
“Hazardous waste” means a waste, or combinaƟon of wastes, which because of its quanƟty, concentraƟon, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infecƟous characterisƟcs may:
(1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitaƟng reversible illness; or (2) pose a substanƟal present or potenƟal hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Historic district.
“Historic district” means any area containing improvements which have a special historical or aestheƟc interest or value, or which represents one or more architectural periods or styles of a disƟnct secƟon of the city that has been designated a historic district.
Home occupaƟon.
"Home occupaƟon" means any use customarily conducted enƟrely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling
purposes and which does not change the character thereof. A day care facility shall not be a home occupaƟon for the purpose of this Code. (Ord. 822 §1, 1989) Hospital.
“Hospital” means any facility licensed by the State Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to paƟents or injured persons. (Ord. 822 §1, 1989)
Hotel.
“Hotel” means an establishment containing a minimum of fiŌy guest rooms or suites, designed, or used primarily for transient occupancy and for which no provision is made for cooking in any individual guest room or suite. A hotel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests. Hotel faciliƟes may include banquet and meeƟng rooms, restaurant, coffee shops, retail uses, and lobby and entertainment bars. (Ord. 822 §1, 1989) Household.
See “Family.”
Household, Lower income household.
“Lower income household” means a household whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code SecƟon 50079.5.
Household, Low-income household.
“Low-income household” means a household whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.
Household, Moderate-income household.
“Moderate-income household” means a household whose income does not exceed the moderate income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code SecƟon 50093.
Household, Very low-income household.
“Very low-income household” means a household whose income does not exceed the very low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code SecƟon 50105. (Ord. 1173 §1, 2014)
Housing cost.
“Housing cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner associaƟon fees, and a reasonable allowance for uƟliƟes.
Housing development.
“Housing development” means a construcƟon project consisƟng of five or more residenƟal units or lots, including single-family and mulƟfamily units or lots.
Housing, SupporƟve.
Housing with no limit on length of stay, that is occupied by the target populaƟon, and that is linked to onsite or off-site services that assist the supporƟve housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Hydrozone.
“Hydrozone” means a porƟon of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated.
For example, a naturalized area planted with naƟve vegetaƟon that will not need supplemental irrigaƟon once established is a non-irrigated hydrozone.
IlluminaƟon, Direct.
“Direct illuminaƟon” means illuminaƟon by means of light that travels directly from its source to the viewer’s eye.
IlluminaƟon, Indirect.
“Indirect illuminaƟon” means illuminaƟon only by means of light cast upon an opaque surface from a concealed source.
Improvement.
“Improvement” means any building, structure, place parking facility, fence, gate, wall, work of art or other object consƟtuƟng a physical beƩerment of real property, or any part of such beƩerment.
IncenƟve.
“IncenƟve” means a regulatory incenƟve or concession as defined in California Government Code SecƟon 65915(k) that may include, but not be limited to, the reducƟon of site development standards or a modificaƟon of zoning code requirements, approval of mixed-use zoning in conjuncƟon with the housing development, or any other regulatory incenƟve which would result in idenƟfiable cost avoidance or reducƟons, that are offered in addiƟon to a density bonus.
Inclusionary Requirement.
“Inclusionary requirement” means a requirement that a certain porƟon of residenƟal units be affordable to a determined economic segment of the community.
Independent Exterior Access.
A door that provides independent access to an ADU and is located on the exterior façade of the ADU.
Independent exterior access must comply with the minimum requirements of the Building Code.
Industrial Use.
“Industrial Use” means the acƟviƟes within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.
InfiltraƟon rate.
“InfiltraƟon rate” means the rate of water entry into the soil expressed as a depth of water per unit of Ɵme (inches per hour).
Inflatable device, adverƟsing.
“Inflatable adverƟsing device” means any device of any size and shape, inflated by air, hot air, gas, or any other substance, and is aƩached to the ground or anything on the ground, and is used to adverƟse any event, product, or service. (Ord. 1039 §3, 2002)
In lieu fee.
A fee paid by a project sponsor in lieu of complying with a requirement of this Code and that is not a development impact fee governed by the MiƟgaƟon Fee Act.
IntensificaƟon of Use.
“IntensificaƟon of use” means an enlargement or alteraƟon to an exisƟng structure where an increase in required number of parking spaces is required or the change would result in addiƟonal vehicular trips, or change of use where the new use requires an increase in the number of required parking spaces or would result in addiƟonal vehicular trips.
Items of informaƟon.
“Items of informaƟon” means words, designs, symbolic representaƟons, or figures used in signing.
Junior accessory dwelling unit (JADU).
“Junior accessory dwelling unit (JADU)” means a living unit not exceeding 500 square feet created out of exisƟng space that is contained enƟrely within an exisƟng or proposed single-family residence or an aƩached garage. A JADU must include a separate exterior entrance and an efficiency kitchen with a working refrigerator. A JADU may include separate sanitaƟon faciliƟes or may share sanitary faciliƟes with a Single Family Dwelling. The property owner must reside in either the Single Family Dwelling or the JADU.
Junk.
“Junk” means any worn out, cast off, or discarded arƟcle or material which is ready for destrucƟon or has been collected or stored for salvage or conversion to some reuse. Any arƟcle or material which, unaltered or unchanged and without further recondiƟoning, can be used for its original purpose as readily as when new shall be considered junk. (Ord. 822 §1, 1989)
Junk yard.
“Junk yard” means any lot or the use of any porƟon of a lot where scrap, waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage house wrecking and structural steel materials and equipment. “Junk yard” does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condiƟon, or salvaged material incidental to manufacturing operaƟons conducted on the premises. (Ord. 822 §1, 1989)
Kennel.
“Kennel” means any lot, building, structure, or premises upon or in which two or more dogs or cats over four months of age are kept for sale or for breeding purposes or are boarded or trained for hire, or where
four or more weaned dogs or cats are kept, maintained or permiƩed for any reason or purpose, whether commercial, noncommercial or otherwise. (Ord. 822 §1, 1989) Kitchen.
“Kitchen” means any room designed, used, or maintained for cooking or preparaƟon of food. (Ord. 822 §1, 1989)
Landmark.
“Landmark” means a place, building, structure, work of art, or other object, having a special character or special historical or aestheƟc interest or value, within the meaning of California Government Code SecƟon 37361.
Landscaped area.
“Landscaped area” means the enƟre parcel less the building footprint, driveways, non-irrigated porƟons of parking lots, hardscapes, such as desks and paƟos and other nonporous areas. Water features are included in the calculaƟon of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
Landscaping.
“Landscaping” means the planƟng and maintenance of some combinaƟon of trees, shrubs, vines, ground cover, flowers, or lawn. In addiƟon, the combinaƟon or design may include natural features such as limited amounts of rocks and stones (no more than 10%), and structural features including, but not limited to, fountains, reflecƟng pools, art works, screens, fences, and benches. (Ord. 822 §1, 1989) Landscaping Plan.
“Landscaping plan” means a plan which indicates the type, size and locaƟon of vegetaƟve and accent material proposed for the landscaping of a site including all irrigaƟon and other devices necessary to maintain such landscaping.
Landscaping, Drought Tolerant.
Landscaping characterized by the use of vegetaƟon that is drought tolerant or requires low water use.
Linear foot.
“Linear foot” means a measurement that is 12 inches long and that is measured typically in a straight line, Live/Work Units(s)
“Live/work unit” or “live/work units” mean a unit, which combines living quarters with arƟst studios, professional offices, soŌware/media offices or small retail uses. Live/work units are typically located in a small scale, mixed-use building and help transiƟon between a busy street and a residenƟal area. Live/work units are required to have the workspace on the ground floor with living space on one or two stories above and must be occupied by the same individual(s) who occupies the living quarters. Live/work units may be built as aƩached townhomes.
Living area.
“Living area” means the interior habitable area of a dwelling unit, including basements, but does not include a garage or any accessory structure.
Loading space.
“Loading space” means an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. (Ord. 822 §1, 1989) Long-term bicycle parking.
Bicycle parking designed for residents, employees, students, public transit users, and others that need to park their bicycles for several hours or more that provides security and weather protecƟon.
Lot.
“Lot” means a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this Ɵtle and having frontage upon a public street or a place approved by the commission. The word “lot” shall include the words parcel or plot. (Ord. 822 §1, 1989) Lot area.
“Lot area” means the total horizontal area within the lot lines of a lot. (Ord. 822 §1, 1989) Lot Coverage.
The percentage of the lot area covered by a structure or building, including all accessory buildings.
Lot, corner.
“Corner lot” means a lot located at the intersecƟon of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersecƟon angle is more than one hundred thirty-five (135) degrees, the lot is considered an interior lot.
Lot depth.
“Lot depth” means the horizontal distance between the front and rear lot lines, measured in the mean direcƟon of the side lot lines. (Ord. 822 §1, 1989)
Lot, Flag.
“Flag lot” means a lot having access from the building site to a public street by means of private right-ofway strip that is owned in fee.
Lot, interior.
An “interior lot” means a lot other than a corner, reversed corner or key lot. (Ord. 822 §1, 1989) Lot, key.
A “key lot” means the first lot immediately to the rear of a reversed corner lot and not separated by an alley. (Ord. 822 §1, 1989)
Lot Line.
The boundary line of a lot.
Lot line, front.
A “front lot line” means the line separaƟng the lot from the street, in the case of an interior lot, and the line separaƟng the narrowest street frontage of the lot from the street in the case of a corner lot. (Ord. 822 §1, 1989)
Lot line, rear.
A “rear lot line” means the lot line which is opposite and most distant from the front lot line. (Ord. 822 §1, 1989)
Lot line, side.
A “side lot line” means any lot line not a front lot line or a rear lot line. (Ord. 822 §1, 1989) Lot, reversed corner.
A “reversed corner lot” means a corner lot, the street side of which is substanƟally a conƟnuaƟon of the front lot line of the first interior lot to its rear. (Ord. 822 §1, 1989) Lot, through (Double frontage).
A “through lot” means a lot having frontage on two parallel or approximately parallel streets. (Ord. 822 §1, 1989)
Lot width.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 822 §1, 1989) Low barrier navigaƟon center.
A “Low barrier navigaƟon center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living faciliƟes while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Maintenance.
“Maintenance” means that work on equipment and vehicles necessary to keep it in normal operaƟng condiƟon. Maintenance includes such things as fueling, changing engine belts, replacement of worn or damaged Ɵres, and minor tune-ups. (Ord. 822 §1, 1989)
Manufacture.
“Manufacture” means to assemble, fabricate, compound, process, treat or remanufacture. (Ord. 822 §1, 1989)
Manufactured home.
“Manufactured home” means a structure, transportable in one or more secƟons, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundaƟon when connected to the required uƟliƟes, and includes the plumbing, heaƟng, air condiƟoning, and electrical systems contained therein. “Manufactured home” shall also include any structure that meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory cerƟficaƟon requirements for manufactured homes and the standards set forth for manufactured homes in the California Health and Safety Code. (Ord. 1051 §5, 2003)
Market, outdoor.
“Outdoor market” means any meeƟng or assembly where persons are permiƩed or invited to offer new or used merchandise, arƟcles or things of value for sale or exchange on premises other than their own which are made available at certain Ɵmes for such sales or exchanges. This definiƟon shall not apply to occasional fundraising acƟviƟes by public and private schools, churches, and other not-for-profit charitable organizaƟons. (Ord. 978 §1, 1996)
Market rate units.
“Market rate units” means those dwelling units which are not affordable units or restricted by income levels and may be sold or rented at market rate.
Marquee.
“Marquee” means permanent roofed structure aƩached to and supported by the building and projecƟng over the public right-of-way or over private property.
Massage.
“Massage” means the scienƟfic manipulaƟon of the soŌ Ɵssues.
Massage establishment.
“Massage establishment” means any fixed or mobile locaƟon where massage is performed for compensaƟon, including, but not limited to, those businesses that provide massage services accessory to their principal permiƩed use. Such a business includes, but is not limited to, an aromatherapist, acupuncturist, chiropractor, beauty salon, health club, beach club, skin care salon, and day spa. The term “massage establishment” or “establishment” includes a sole proprietor, an independent contractor, and any cerƟfied massage pracƟƟoner or therapist performing massage in the city without being employed by another massage establishment. (Ord. 1195 §6, 2015)
Mast.
“Mast” means a support structure that is constructed for the specific purpose of elevaƟng a satellite earth staƟon antenna in order to receive broadcast signals of an acceptable quality.
Maximum residenƟal density.
“Maximum residenƟal density” means the maximum number of residenƟal units permiƩed by the city’s General Plan land use element, applicable to the subject property at the Ɵme an applicaƟon for the construcƟon of a housing development is deemed complete by the city, excluding any addiƟonal density bonus units permiƩed. If a range of density is permiƩed by the land use element, maximum residenƟal density shall mean the maximum allowable density within the range of density.
Mechanical Equipment.
“Mechanical equipment” means any heaƟng, venƟlaƟng, cooling, refrigeraƟon systems, pool or spa equipment, or other miscellaneous appliances which are placed outside a building.
Mezzanine.
An intermediate floor just above the ground floor; it oŌen has a low ceiling and projects in the form of a balcony, and does not exceed one-third of the floor area of the room or space in which they are located.
Minor ModificaƟon.
“Minor modificaƟon” means a discreƟonary approval granted by the Planning Manager which allows a slight modificaƟon or minor deviaƟon up to ten (10) percent to certain development standards of this Zoning Code when just deviaƟon consƟtutes reasonable use of the property not permiƩed under the strict interpretaƟon of the Zoning Code.
Mixed-use.
“Mixed-use” means the use of a lot or building with two or more different land uses including, but not limited to, residenƟal, commercial retail, office, or manufacturing, in a single structure or a group of physically integrated structures.
Microbreweries and Brewpubs.
Refers to small-scale, independently-owned breweries that emphasize tradiƟonal brewing methods, flavor and quality and that produce fewer than fiŌeen thousand (15,000) U.S. beer barrels (four hundred sixty thousand (460,000) U.S. gallons) annually for on- and off-premises consumpƟon. A brewpub is an abbreviated term combining the ideas of a brewery and a pub or public-house. A brewpub can be a pub or restaurant that brews beer on the premises.
Mixed-Use Building:
Mixed-Use Building: A structure containing both residenƟal and commercial uses (which may include retail, restaurants, offices, services, and similar uses deemed compaƟble with residenƟal uses). The commercial use or uses are typically located on the ground floor of the structure with the residenƟal dwellings predominantly located on the second or higher floors.
Mixed-Use Development.
A project with both residenƟal and nonresidenƟal uses located on the same lot or site.
Mobile home.
“Mobile home” means a manufactured structure, transportable in one or more secƟons, which is built on a permanent chassis and designed to be used with or without a permanent foundaƟon when connected to the required uƟliƟes that serves as a home. It does not include recreaƟon vehicles or travel trailers.
Motel.
“Motel” means an establishment containing a maximum of forty-nine guest rooms or suites, each having a separate entrance leading directly from the outside of the building or from an inner court, which faciliƟes are designed, accompanied, use or intended to be used, rented, or hired out for temporary or overnight accommodaƟons for guest, offered primarily to automobile tourists or transients, which no provisions are made for cooking in any individual guest room or suite. A motel usually provides meals for the public through an on-site restaurant and also provides for various personal services for the guests. (Ord. 822 §1, 1989)
Mulch.
“Mulch” means any material such as leaves, bark, straw or other materials leŌ loose and applied to the soil surface to reduce evaporaƟon.
Nightclub.
“Nightclub” means any establishment, which is regularly used and kept open at any Ɵme of the day or night, for the business of serving for monetary compensaƟon, alcoholic beverages to patrons comprised of the general public. Live entertainment is allowed by permit and may be provided. Food is not served to patrons. (Ord. 1009 §3, 1999)
Nightclub, private.
“Private nightclub” means any establishment, which is regularly used and kept open, at any Ɵme of the day or night, for the serving of alcoholic beverages and food. Live entertainment is allowed by permit and may be provided. Said establishment is maintained for the sole use and benefit of its members and guests of the members. The premises are not open to the general public. (Ord. 1009 §4, 1999) Nonconforming building.
A “nonconforming building” means a building or structure lawfully exisƟng on the effecƟve date of the regulaƟons codified in this Ɵtle, but which would be prohibited, regulated, or restricted under the terms of these regulaƟons or future amendment. (Ord. 822 §1, 1989) Nonconforming site.
"Nonconforming site" means a lot or parcel of land which was lawfully developed in accordance with zoning regulaƟons in effect at the Ɵme of development but which does not comply with current regulaƟons with respect to, but not limited to: density; coverage; yards; setbacks; parking layout and paving; site orientaƟon; fencing and walls; landscaping; refuse storage; outdoor storage, or any other provision specific to site development, regardless of whether or not the site was previously deemed conforming.
Nonconforming structure.
A structure or porƟon thereof which was lawfully erected or altered and maintained but which, because of the applicaƟon of this arƟcle to it, no longer conforms to the regulaƟons set forth in this arƟcle applicable to the zone in which such structure is located.
Nonconforming use.
A “nonconforming use” means a use which lawfully occupied a building or land on the effecƟve date of the regulaƟons codified in this Ɵtle, but which would be prohibited, regulated, or restricted under the term of these regulaƟons or future amendment. (Ord. 822 §1, 1989)
Nonprofit social service organizaƟon.
A “nonprofit social service organizaƟon” means an organizaƟon which is incorporated under the laws of the state, has a nonpaid board of directors and which provides, on a nonresidence basis, social services to the general public on an ability to pay, or nonpayment basis. These services may include, but are not limited to, employment counseling, family counseling, recreaƟon, employment training, retraining, youth acƟviƟes, aid to disadvantaged or handicapped persons, emergency aid or disaster relief, drug abuse or alcohol addicƟon counseling, senior ciƟzens’ acƟviƟes, and educaƟon and rehabilitaƟon faciliƟes. (Ord. 822 §1, 1989)
Non-restricted units.
“Non-restricted units” means all units within a housing development excluding the target units.
Nuisance.
Anything that interferes with the use or comfortable enjoyment of property or life or which is offensive to the senses.
Nursery, child care.
“Child care nursery” means a building, facility or premises used for the supervision and care, for a consideraƟon, of five or more children not related by blood or marriage to the person providing the care and shall include nursery schools and day camps. (Ord. 822 §1, 1989) Nursing and convalescent hospitals
“Nursing and convalescent hospitals” means any place or insƟtuƟon which provides bed accommodaƟons for one or more chronic or convalescent paƟents, who, by reason of illness or physical infirmity, are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental or communicable diseases, including contagious tuberculosis, shall not be admiƩed or cared for in nursing and convalescent hospitals.
Object.
“Object” means a material thing of funcƟonal, aestheƟc, cultural, symbolic, or scienƟfic value, usually by design or nature movable.
One-hundred-year-flood.
“One-hundred-year-flood” means the condiƟon of flooding having a one percent chance of annual occurrences.
Open Space, Common.
“Common open space” means useable open space which is for the use of the residents of three or more dwelling units.
Open Space, Private.
“Private open space” means outdoor space which is intended for the exclusive use of the residents of a dwelling unit which adjoins it and has access to it and is enclosed by a fence or wall or view-obscuring hedge at least four feet six inches in height.
Open Space, Usable.
“Useable open space” means the following:
A. Outdoor space opened to the sky.
B. Not more than ten (10) percent in grade on the building site of a lot and/or within the rear yard, interior side yard of the building.
C. Maintained for landscaping, community gardens, swimming pools, recreaƟon rooms, and other inside and outside living or recreaƟonal uses, excepƟng wherefrom areas used for off-street parking, driveways, service areas, or unusable slopes front setbacks and any porƟon of the required square footage for private space.
D. Specifically designed and constructed to be occupied by and used by residents of the dwelling units on the lot.
Outdoor adverƟsing structure.
“Outdoor adverƟsing structure” means the same as “sign structure.” (Ord. 822 §1, 1989) Overlay Zone/District
“Overlay Zone/District” means a set of zoning requirements that is described in the text of the Zoning Code, is mapped and is imposed in addiƟon to those requirements of the underlying district.
Overspray.
“Overspray” means the water which is delivered beyond the landscaped area, weƫng pavements, walks, structures, or other nonlandscaped areas.
Parcel of land.
“Parcel of land” means any conƟguous quanƟty of land, in the possession of, owned by, or recorded and assessed by the county assessor as the property of the same claimant or person. (Ord. 822 §1, 1989) Parkway.
“Parkway” means the area of a public street that lies between the curb and the adjacent property line or physical boundary definiƟon such as fences or walls, which is used for landscaping and/or passive recreaƟonal purposes. The publicly owned area located between the curb and the right-of-way line of any public street.
Passageway.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
PaƟo, Enclosed
A covered freestanding or aƩached level, paved or decked area enclosed on all sides whose principal use shall be for outdoor entertaining or recreaƟon. A paƟo shall be considered enclosed when surrounded by a rail, wall, glass, plasƟc, or similar type barrier taller than forty-two inches (42ʺ) on any side, excluding the walls of an approved aƩached structure. An enclosed paƟo is not used as a habitable room or as a parking space for vehicles.
PaƟo, Open.
A freestanding or aƩached level, paved or decked area open on one (1) or more sides, enclosed only by the walls of an aƩached approved structure, whose principal use shall be for outdoor entertaining or recreaƟon. These areas may be covered or uncovered, and may be surrounded by a rail, wall, glass, plasƟc, or similar barrier measured at a height of forty-two inches (42ʺ) or less. An open paƟo may be enclosed by insect screening. An open paƟo is not used as a habitable room or as a parking space for vehicles.
Paving.
A solid concrete, Ɵle, or brick surface that serves as a covering for pedestrian/vehicular travel.
Permit.
A document issued by the City pursuant to the provisions of this arƟcle authorizing specific acƟviƟes, uses, or structures together with the condiƟons upon which such permit is issued, and the plans, specificaƟons, reports, and approved modificaƟons pertaining thereto.
Person.
The word “person” includes a firm, associaƟon, organizaƟon, partnership, trust, company, or corporaƟon as well as an individual. (Ord. 822 §1, 1989)
Porte cochere.
“Porte cochere” means a roof-like aƩachment to a building, open on three (3) sides, used primarily for the protecƟon and convenience of loading and unloading passengers or materials. (Ord. 822 §1, 1989) PreferenƟal parking.
“PreferenƟal parking” means parking spaces designated or assigned, through the use of sign or painted space markings for carpool and vanpool vehicles carrying commuter passengers on a regular basis that are provided in a locaƟon more convenient to a place of employment than parking spaces provided for singleoccupant vehicles.
Premises.
Any porƟon of any lot and any porƟon of any building or structure contained thereon.
PreservaƟon.
“PreservaƟon” means the idenƟficaƟon, study, protecƟon, restoraƟon, rehabilitaƟon, or enhancement of a landmark. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Principal Structure.
The primary structure(s) within which is conducted the principal use of the lot.
Principal Use.
The primary and predominate use on any lot.
Property owner.
“Property owner” means the legal owner of a development. The property owner shall be responsible for complying with the provisions of Municipal Code Title 17 either directly or through an authorized agent.
Public convenience and necessity.
“Public convenience and necessity,” when applied to the issuance of permits for the sale of alcoholic beverages pursuant to SecƟon 23958.4(b)(2) of the Business and Professions Code, means that the issuance of the license for the off-sale of alcoholic beverages will allow the holder of that license to offer, or provide, a service or product to the general public that is not reasonably accessible, or sufficiently provided, within a specific geographic area of reasonable proporƟons. (Ord. 1009 §8, 1999)
Public Storage (Mini/Self Storage).
“Public storage (mini/self-storage)” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers leased or rented to the public as individual storage spaces for personal and/or other property. The goods and materials stored are not intended for redistribuƟon, resale or other commercial acƟvity. No other acƟvity other than the storage described above except incidental sales and rentals is intended for a public storage facility.
Public rights-of-way.
“Public rights-of-way” means the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public uƟlity easements and public service easements, as the same now or may hereaŌer exist, that are under the city’s jurisdicƟon and within the city’s regulatory authority.
Public transit.
“Public transit” means a locaƟon, including, but not limited to, a bus or train staƟon, where the public may access buses, trains, subways, and other forms of transportaƟon that charge set fares, run on fixed routes, and are available to the public.
Public transit stop.
“Public transit stop” means a locaƟon, including, but not limited to, a bus stop or train staƟon, where the public may access buses, trains, subways, and other forms of transportaƟon that charge set fares, run on fixed routes, and are available to the public.
Public uƟlity facility.
A “public uƟlity facility” means, but is not limited to, an assembly of materials and equipment, including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use. (Ord. 822 §1, 1989)
Qualified buyer, ADU.
An “ADU Qualified buyer” means persons and families of low or moderate income, as that term is defined in SecƟon 50093 of the California Health and Safety Code.
Qualified nonprofit corporaƟon, ADU.
A “ADU Qualified nonprofit corporaƟon” means a nonprofit corporaƟon organized pursuant to Internal Revenue Code that has received a welfare exempƟon under Revenue and TaxaƟon Code for properƟes intended to be sold to low-income families who parƟcipate in a special no-interest loan program.
Quasi-public use.
“Quasi-public use” means a use conducted by a private nonprofit educaƟonal, religious, recreaƟonal, charitable, or medical insƟtuƟon, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universiƟes, private hospitals, youth centers and similar uses. (Ord. 822 §1, 1989)
Rain sensing device.
“Rain sensing device” means a system which automaƟcally shuts off the irrigaƟon system when it rains.
Reasonable AccommodaƟon.
“Reasonable accommodaƟon” means any request by, or on behalf of, a disabled person for a reasonable deviaƟon from the City’s strict applicaƟon of its land use or building regulaƟons as set forth in this code, or as adopted by reference in this code, in order for such disabled person to use and enjoy a dwelling.
RecreaƟonal area.
“RecreaƟonal area” means areas of acƟve play or recreaƟon such as sports fields, school yards, picnic grounds or other areas with intense foot traffic.
RecreaƟonal Vehicle.
“RecreaƟonal vehicle” means a vehicular unit not exceeding forty (40) feet in body length, or ten (10) feet in width, primarily designed as a temporary living quarters for recreaƟonal, camping or travel use; it either has its own moƟve power or is designed to be mounted on or drawn by an automoƟve vehicle. Length shall be measured from bumper to bumper on self-propelled vehicles and from bumper to tongue on towed vehicles. RecreaƟonal vehicle includes motor home, truck camper, travel trailer and camping trailer. A vehicle meeƟng the above definiƟon except for size is not deemed incidental to a dwelling unit.
Recycling Center.
“Recycling center” means a center for the collecƟon and/or processing of recyclable materials. A cerƟfied recycling facility or cerƟfied processor means a recycling facility cerƟfied by the California Department of ConservaƟon as meeƟng the requirements of the California Beverage Container Recycling and LiƩer ReducƟon Act of 1986. The recycling facility does not include storage container or processing acƟviƟes located on the premises of a residenƟal, commercial or manufacturing use and used solely for the recycling of material generated by that residenƟal property, business or manufacturer.
Regulatory flood elevaƟon.
“Regulatory flood elevaƟon” means the water surface elevaƟon of the one-hundred-year flood.
Rehabilitated landscape.
“Rehabilitated landscape” means any relandscaping project that requires approval by the planning director, planning commission, city council, or requires a permit.
Restaurant, drive-through and walkup.
“Drive-through restaurant” and “walkup restaurant” mean an establishment which, on a regular basis, is open for the serving of meals to patrons for compensaƟon, from a limited menu, at which orders and food are taken and provided at a counter serving primarily takeout food or any full-service restaurant with a drive-through or walkup counter or window. (Ord. 822 §1, 1989) Restaurant, full service.
“Full-service restaurant” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensaƟon and which has adequate kitchen faciliƟes suitable for the preparaƟon of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads and at which orders are taken and meals are served at the tables by employees of the restaurant. (Ord. 822 §1, 1989) Restaurant with alcohol.
“Restaurant with alcohol” means any establishment, which is regularly used, kept open for, and in the business of, serving meals for monetary compensaƟon to patrons comprised of the general public. Said
premises shall have suitable kitchen faciliƟes connected therewith for the preparaƟon of a variety of complete cooked meals over and beyond such foods as sandwiches or salads. As an ancillary use to the serving of meals to patrons, alcoholic beverages of any type may be served and consumed on the premises, either at the tables with food or at a bar, or both. Live entertainment is allowed by permit and may be provided. Any facility which saƟsfies the forgoing criteria for a restaurant with alcohol, but which also has area(s) designated for use other than food preparaƟon and consumpƟon such as a bar/lounge area, billiards, pool tables, dart boards, etc. which total in excess of ten percent of the total gross floor area shall be deemed a tavern. (Ord. 1009 §5, 1999)
Rest home.
“Rest home” means a building or a group of buildings which provides nursing, dietary and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental insƟtuƟons. (Ord. 822 §1, 1989) Retail store.
“Retail store” means a business selling goods, wares, or merchandise directly to the ulƟmate consumer. (Ord. 822 §1, 1989)
Retail Sales, New.
The on-site sale of new merchandise, which is open to the general public, not specifically listed under another use classificaƟon. This classificaƟon includes, but is not limited to, department stores, grocery stores, book stores, clothing stores, candy stores, furniture stores, businesses retailing toys, hobby materials, handcraŌed items, shoe stores, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporƟng goods, kitchen utensils, hardware, home improvement, appliances, anƟques, art supplies and services, paint and wallpaper carpeƟng and floor covering, office supplies, bicycles and new automoƟve parts and accessories (excludes service and installaƟon).
Retail Sales, Used.
The on-site sale of used merchandise that has previously been owned by another individual or party, which is open to the general public, not specifically listed under another use classificaƟon. This classificaƟon includes, but is not limited to, used merchandise for sale in secondhand stores, thriŌ stores, consignment stores, pawnshops, and/or E-bay stores.
Ringelmann chart.
“Ringelmann chart” means a chart which is described in the U.S. Bureau of Mines InformaƟon Circular 7718, and on which are illustrated graduated shades of grey for use in esƟmaƟng the light-obscuring capacity of parƟcular smoke. (Ord. 822 §1, 1989)
Roof.
“Roof” means the external upper covering of any porƟon of a building or structure, including projecƟons beyond the walls or support of the building or structure, which is permanently aƩached.
Roof, Dutch-Gable.
Is a roof with a small gable at the top of a hip roof
Roof, Flat.
A roof nearly horizontal and level, typically includes a roof with a 2:12 slope or less.
Roof, Gable.
A pitched roof having a gable at each end.
Roof, Gambrel:
A ridged roof with two (2) slopes on either side, the lower slope having the steeper pitch. It is oŌen flared beyond the front and rear of the dwelling forming a deep overhang.
Roof, Hipped.
A hipped (or hip) roof slopes down to the eaves on all four (4) sides. Although a hipped roof is not gabled, it may have dormers or connecƟng wings with gables.
Roof, Mansard.
A mansard roof has two (2) slopes on each of the four (4) sides. The lower slope is steeper than the upper slope. Dormers are oŌen set in the lower slope. The upper slope is usually not visible from the ground.
Roominghouse.
“Roominghouse” means the same as “boardinghouse.” (Ord. 822 §1, 1989) Runoff.
“Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (applicaƟon rate exceeds infiltraƟon rate) or when there is a severe slope.
Salvage yard.
“Salvage yard” means any lot or the use of any porƟon of any lot where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including
automobile wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condiƟon, or salvaged materials incidental to manufacturing operaƟons conducted on the premises. (Ord. 822 §1, 1989) Satellite earth staƟon antenna.
“Satellite earth staƟon antenna” means a parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmiƫng signals for voice, video, or data.
School.
A “school” means an insƟtuƟon of learning which offers instrucƟon in the several branches of learning and study required to be taught in the public schools by the educaƟon code of the state. A school may be either publicly or privately operated. (Ord. 822 §1, 1989)
Private School.
“Private school” means any building or group of buildings the use of which meets State requirements for primary, secondary or higher educaƟon and which does not secure the majority of its funding from any governmental agency.
School, trade or vocaƟonal.
A “trade or vocaƟonal school” means private schools offering preponderant instrucƟon in the technical, commercial or trade skills, such as real estate schools, beauty colleges, business colleges, electronic schools and similar commercial establishments. (Ord. 822 §1, 1989) Screening.
“Screening” is a method of visually shielding or obscuring one abuƫng or nearby structure or use from another by fencing, walls, berms or densely planted vegetaƟon.
Second unit.
“Second unit” means an aƩached or a detached residenƟal dwelling unit that provides complete independent living faciliƟes for one or more persons. It shall include permanent provisions for living, sleeping, eaƟng, cooking, and sanitaƟon on the same parcel as a single-family dwelling. “Second unit” also includes efficiency units and manufactured homes. (Ord. 1051 §7, 2003) SecƟon.
“SecƟon” means any porƟon of this Ɵtle immediately preceded by numerals commencing with the number “17.” (Ord. 822 §1, 1989)
Senior ciƟzen housing.
“Senior ciƟzen housing” or “senior housing development” means a senior ciƟzen housing development, as defined in SecƟons 51.3 and 51.12 of the State of California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to SecƟon 798.76 or 799.5 of the State of California Civil Code.
Service staƟon.
“Service staƟon” means the same as “automobile service staƟon.” (Ord. 822 §1, 1989)
Setback Line, Front.
The line that defines the depth of the required front yard. Said setback line shall be parallel with the street line and be removed therefrom by the perpendicular distance prescribed for the front yard in the zone.
Setback Line, Rear or Side.
The line that defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in “setback line, front”.
Setback, Street Side:
On a lot that abuts two (2) or more streets at their intersecƟon, the line that defines the width of the required side yard on the street side. Said setback line shall be parallel with the street line, removed therefrom by the perpendicular distance prescribed for the yard in the zone.
Shared Parking.
“Shared parking” means a situaƟon where the same parking spaces can be uƟlized by two or more different uses and/or businesses due to the differing peak hours of operaƟon of the uses involved.
Short-term bicycle parking.
Bicycle parking where bicycles are leŌ for two hours or less, such as bicycle racks.
Sign.
“Sign” means a name, idenƟficaƟon, image, descripƟon, display or illustraƟon which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs aƩenƟon to an object, product, place, acƟvity, facility, service, event, aƩracƟon, person, insƟtuƟon, organizaƟon, or business and which is visible from any street, right-of-way, sidewalk, alley, park, or other public property.
Customary displays of merchandise or objects without leƩering placed behind a store window are not signs or parts of signs for the purposes of these regulaƟons. (Ord. 822 §1, 1989) Sign area.
“Sign area” means that area included within the outer dimensions of a sign. The area of a single face of double or mulƟple faced sign shall contain the percentage of the total allowable sign area divided by the number of faces of the sign unless otherwise stated in these regulaƟons. In the case of skeleton leƩers or other signs placed on a wall without a border the area of each leƩer, shape, or figure shall be computed by enclosing the leƩer, shape, or figure within sets of parallel lines. The structural supports for a sign, whether columns, pylons or a building or part thereof, shall not be included in the sign area.
Sign, Awning.
“Awning sign” means any sign painted or otherwise affixed permanently to the exterior surface of an awning.
Sign, banner.
A nonpermanent sign composed of fabric, pliable plasƟc, paper, or other light material not enclosed in a rigid frame or secured or mounted so as to allow movement by the atmosphere to cause movement of the sign, including flags, streamers, and pennants.
Sign copy.
“Sign copy” means any words, leƩers, figures, designs or symbolic representaƟons incorporated into a sign for the purpose of conveying informaƟon or aƩracƟng aƩenƟon to the subject maƩer.
Sign, direcƟonal.
On-premises signs designed to guide or direct pedestrian or vehicular traffic.
Sign, Directly lighted sign.
“Directly lighted sign” means a sign which has light cast on the surface from an interior light source.
Sign, flashing.
“Flashing sign” means any sign having an intermiƩent variaƟon in the illuminaƟon of less than two hours’ duraƟon. (Ord. 822 §1, 1989)
Sign, Freestanding sign.
“Freestanding sign” means any sign standing on the ground and not aƩached or affixed to a building and supported by one or more poles or braces in, or on, the ground which are not a part of the building or structure. The term freestanding sign shall include monument signs and planter signs.
Sign, Ground sign.
“Ground sign” means the same as “freestanding sign.”
Sign, gateway.
“Gateway sign” means a sign which announces or adverƟses the entrance to the city and is located on private property at, or near, one of several specified locaƟons within the city. Such signs may also adverƟse businesses, goods and services located on the same property with the sign. (Ord. 940 §1, 1993) Sign height.
“Sign height” means the height of a sign measured from the average ground level at the base of the supporƟng structure to the top of the sign or as otherwise provided for.
Sign, Illegal sign.
“Illegal sign” means any sign placed without proper governmental authority or approval as required by the regulaƟons in effect at the Ɵme said sign was placed. “Illegal sign” also means any nonconforming sign which has exceeded its authorized amorƟzaƟon period.
Sign, illuminated.
“Illuminated sign” means any sign designed to emit or brightly reflect arƟficial light. (Ord. 822 §1, 1989) Sign, Indirectly lighted sign.
“Indirectly lighted sign” means any sign which has light cast on its surface from an exterior light source.
Sign, Monument sign.
“Monument sign” means a sign placed upon a base upon the ground. Such sign shall be constructed of materials that are coordinated with materials used in the construcƟon of the building or development which it is intended to adverƟse. A monument sign shall be considered a freestanding sign for the purpose of regulaƟons outlined in Chapter 17.02 and 17.15.
Sign, Nonconforming sign.
“Nonconforming sign” means a sign which was validly installed under the regulaƟons in effect at the Ɵme of such installaƟon, but which would not be permiƩed under the provisions of current regulaƟons.
Sign, Off-site sign.
“Off-site sign” means a sign which adverƟses products, objects or services which are not manufactured, sold, or distributed on the property or premises on which the sign is located.
Sign, On-site sign.
“On-site sign” means a sign which idenƟfies the business or premises or products manufactured, sold, or distributed or services offered by the operator of the business or premises.
Sign, Planter sign
“Planter sign” means a “monument sign” except that shrubs, groundcover or other planƟngs shall be an integral part of the sign base. Planter signs shall be considered as freestanding signs for the purpose of regulaƟons outlined in Chapter 17.02 and Chapter 17.15.
Sign, ProjecƟng sign.
“ProjecƟng sign” means a sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the wall.
Sign, Roof sign.
“Roof sign” means a sign erected on a roof.
Sign, Structure.
A “sign structure” means any structure which supports, or is capable of supporƟng any sign. A sign structure may be a single pole and may or may not be an integral part of a building. (Ord. 822 §1, 1989) Sign, Wall sign.
“Wall sign” means any sign aƩached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.
Single-Family Residence.
“Single-family residence” means an aƩached or detached building not to contain more than one kitchen where the occupants of the dwelling unit live and funcƟon together as a household.
Single Room Occupancy (SRO).
“Single room occupancy” means a residence, building, or accessory building other than a motel, hotel, or extended lodging facility, wherein three or more rooms, with or without individual or group cooking faciliƟes are rented to individuals on a non-permanent basis, under separate rental agreements or lease, either wriƩen or oral, whether or not an owner, agent, or rental agent is in residence or building.
Site Plan.
“Site plan” means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulaƟons including lot lines, streets, building sites, reserved open space and other specific development proposals.
Site Plan Review.
An administraƟve process conducted in accordance with Chapter 17.03.
Soil moisture sensing device.
“Soil moisture sensing device” means a device that measures the amount of water in the soil.
Soil texture.
“Soil texture” means the classificaƟon of soil based on the percentage of sand, silt, and clay in the soil.
South Coast Air Quality Management District.
“South Coast Air Quality Management District” hereaŌer referred to as “SCAQMD” is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin.
Special Event.
A temporary outdoor use that extends beyond the normal uses and standards allowed by this arƟcle.
Special events may include, but are not limited to art shows, sidewalk sales, pumpkin and Christmas tree
sales, haunted houses, carnivals, special auto sales, grand openings, fesƟvals, home exhibiƟons, and church bazaars.
Specific adverse impact.
“Specific adverse impact” means a significant, quanƟfiable, direct, and unavoidable impact, based on objecƟve, idenƟfied, and wriƩen public health or safety standards, policies, or condiƟons as they existed on the date the applicaƟon was deemed complete.
Specific Plan.
A plan, adopted by City Ordinance, which shows the future physical development to be implemented within a specifically defined and circumscribed area of the City. The Specific Plan describes the types of land uses to be developed on each parcel; a plan for infrastructure in and adjacent to the Specific Plan area; and wriƩen standards, regulaƟons, and policies for such items as architectural design, open spaces, preservaƟon of exisƟng structures, and other relevant factors.
Sprinkler head.
“Sprinkler head” means a device which sprays water through a nozzle.
Square footage, gross.
“Square footage, gross” means the number of square feet in all floor levels of a building, including below grade levels, as measured from the finished interior face of the exterior walls.
Storage yard.
“Storage yard” means any open space upon which is stored or placed for any length of Ɵme, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided that the storage or placement of such items complies with every applicable provision of the city code. (Ord. 822 §1, 1989) Storage, self.
A use for the storage of personal goods within mulƟple individual enclosed storage spaces rented to different individuals and businesses.
Story.
“Story” means that porƟon of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that porƟon of a building included between the upper surface of the topmost floor and the ceiling or roof above. That porƟon of a building between a floor and the floor above, more than fiŌy percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking. (Ord. 822 §1, 1989) Street.
“Street” means a public thoroughfare or right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abuƫng property. (Ord. 822 §1, 1989) Structure.
“Structure” means anything constructed or erected which requires locaƟon on the ground or aƩached to something having a locaƟon on the ground. (Ord. 822 §1, 1989)
Subdivision.
“Subdivision” means the division by any person or partnership, firm, corporaƟon, of any unit or units of improved or unimproved land, or any porƟon thereof, shown on the latest equalized County assessment roll as a unit or as conƟguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as conƟguous units, even if it is separated by roads, streets, uƟlity easement or railroad rights-of-way. “Subdivision” includes a condominium project, a community apartment project, or the conversion of five or more exisƟng dwelling units to a stock more exisƟng dwelling units to a stock operaƟve.
SubsecƟon.
“SubsecƟon” means any division within any numbered secƟon of this Ɵtle. (Ord. 822 §1, 1989) SubstanƟal improvement.
“SubstanƟal improvement” means any repair, reconstrucƟon, or improvement of a structure, the cost of which equals or exceeds fiŌy percent of the market value of the structure either:
A. Before the improvement is started; or
B. If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definiƟon, “substanƟal improvement” is considered to occur when the first alteraƟon of any wall, ceiling, or floor or other structural components of the building commences whether or not that alteraƟon affects the external dimensions of the building. The term does not, however, include any alteraƟon to comply with exisƟng state or local health, sanitary, building or safety codes or regulaƟons as well as structures listed in naƟonal or state registers of historic places. (Ord. 822 §1, 1989) Support structure.
“Support structure” or “wireless telecommunicaƟons antenna array support structure” means a freestanding structure that is designed and constructed for the specific purpose of supporƟng an antenna array and that may consist of a monopole, a mast, a self-supporƟng laƫce tower, a guy-wire support tower, or other similar structures.
Swap meet.
“Swap meet” means the same as “market, outdoor.” (Ord. 978 §2, 1996; Ord. 822 §1, 1989) Tandem parking.
“Tandem parking” means two or more automobiles are parked on a driveway or in any other locaƟon on a lot, lined up behind one another. (Ord. 1242 §5, 2020)
Target unit.
“Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.
TaƩoo/TaƩooing.
“TaƩoo/taƩooing” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. “TaƩooing” does not include applicaƟon of permanent
make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.
TaƩoo and body piercing studio.
“TaƩoo and body piercing studio” means any establishment where taƩooing or body piercing takes place.
Tavern.
“Tavern” means any establishment which is regularly used, kept open for, and in the business of, serving alcoholic beverages for monetary compensaƟon to patrons comprised of the general public; and food such as peanuts, popcorn, pretzels, sandwiches, and salads are also served. And within the establishment there is provided floor area for billiards, pool tables, dart boards, etc., in excess of ten percent of the total floor area. Live entertainment is not provided nor allowed. (Ord. 1009 §6, 1999) TelecommunicaƟons Tower.
“TelecommunicaƟons tower” means a freestanding mast, pole, monopole, guyed tower, laƫce tower, free standing tower or other structure designed and primarily used to support wireless communicaƟon facility antennas.
Temporary Use.
“Temporary use” means a use established for a fixed period of Ɵme with the intent to disconƟnue such use upon the expiraƟon of the Ɵme period.
Tenant.
“Tenant” means the lessee of facility, land, or air space at an applicable development project.
To place.
The verb “to place” and any of its variants, as applied to sign and sign structures, means and include maintaining, erecƟng, construcƟng, posƟng, painƟng, prinƟng, nailing, gluing, otherwise fastening, affixing, or making visible in any manner. (Ord. 822 §1, 1989)
Trailer.
“Trailer” means the same as “automobile trailer.” (Ord. 822 §1, 1989) Trailer park.
“Trailer park” means any area or tract of land intended, maintained, used, or designed for the purpose of supplying a locaƟon or accommodaƟon for two or more automobile trailers for human habitaƟon, including all buildings used or intended for use as part of the equipment of such facility, whether or not a charge is made for such use, including “trailer camp,” “trailer court,” “mobile home park,” and similar terms. (Ord. 822 §1, 1989)
Transit priority area (TPA).
“Transit priority area” means an area within one-half mile of a major transit stop that is exisƟng or planned, if the planned stop is scheduled to be completed within the length of Ɵme into the future that is included in a TransportaƟon Improvement Program or applicable regional transportaƟon plan.
TransiƟonal Housing.
“TransiƟonal housing” means, pursuant to the California Health and Safety Code, reduced fee rental housing which offers supporƟve services (such as job training and counseling to individuals and families) for
up to twenty-four (24) months that is designated for recently homeless persons and is operated under program requirements that call for the terminaƟon of assistance and recirculaƟon of the assisted unit to another eligible program recipient at some predetermined future point in Ɵme, which shall be no less than six months. Small transiƟonal housing is permanent housing (so-called group homes) serving six or fewer people is considered a standard residenƟal use and is permiƩed in all zones where residenƟal uses are permiƩed.
TransportaƟon demand management (TDM).
“TransportaƟon demand management” hereaŌer referred to as “TDM” means the alteraƟon of travel behavior—usually on the part of commuters—through programs of incenƟves, services, and policies. TDM addresses alternaƟves to single-occupant vehicles and changes in work schedules that move trips out of peak periods or eliminate them altogether.
Trip reducƟon.
“Trip reducƟon” means reducƟon in the number of work-related trips made by single-occupant vehicles.
Truck terminal.
“Truck terminal” means any facility, building or premises used or improved for use for the storage, maintenance, repair or servicing of trucks, trailers, semi-trailers or similar transportaƟon equipment or used primarily in connecƟon with the transportaƟon, transfer or storage of goods, wares or merchandise whether or not such use is conducted outside of or within an enclosed building, but excluding the storage, maintenance, repair or servicing of any such transportaƟon equipment or the storage of goods, wares and merchandise solely as an incident to a conduct of a primary use permiƩed and lawfully conducted by the owner thereof on such premises. (Ord. 822 §1, 1989)
Truck, Trailer and Equipment Rental Yard.
“Truck, trailer and equipment rental yard” means a business conducted primarily in an open area, where trucks, trailers, various mechanical, landscaping and construcƟon equipment and tools are stored or offered for rent, lease or sale.
Turf.
“Turf” means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial rye grass, red fescue and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore Paspalum, St. AugusƟne grass, Zoysia grass and Buffalo grass are warm-season grasses.
Turf, SyntheƟc
A man-made, syntheƟc material manufactured from nylon, polypropylene, polyethylene, or a blend of nylon, polypropylene and polyethylene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn.
Unimproved.
“Unimproved” means any lot or parcel of land recorded by the county assessor, not used, employed or legally built upon prior to July 30, 1958. (Ord. 822 §1, 1989) Usable open space.
“Usable open space” means any usable area designated for and to be used for outdoor living, recreaƟon, or landscaping on the ground or unenclosed balcony, or approved roof deck, and may include paƟos and deck
areas of swimming pools and rear yards. No porƟon of required front yards and side yards, off-street parking space or driveways shall consƟtute usable open space. (Ord. 822 §1, 1989) Use.
The term “use” means the purpose for which land or a building or structure is arranged, designed, or intended or for which either is, or may be occupied or maintained. (Ord. 822 §1, 1989) Use, Principal.
“Principal use” means a primary or predominant acƟvity which occurs at a site. Such a use must be listed in the land use matrix or determined to be similar to a listed use. Such use must occupy a minimum of fiŌyone (51) percent of the building. A site or parcel may not have more than one principal use.
Vanpool.
“Vanpool” means a vehicle carrying seven to fiŌeen occupants commuƟng together to and from work on a regular basis, usually in a vehicle with a seaƟng arrangement designed to carry seven to fiŌeen adult passengers, and on a prepaid subscripƟon basis.
Variance.
“Variance” means a waiver of specific regulaƟons of this Ɵtle, granted by the city in accordance with the provisions set forth in this Ɵtle, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properƟes in the same vicinity and zone. (Ord. 822 §1, 1989)
Vehicle.
“Vehicle” means any motorized form of transportaƟon, including, but not limited to, automobiles, vans, buses, and motorcycles. (Ord. 963 §39, 1995; Ord. 926 §1, 1993) Warehouse.
“Warehouse” means a building or porƟon of a building used for the deposit of personal property for storage, redistribuƟon, or for sale at wholesale or at mail order and where no retail operaƟon is conducted. (Ord. 822 §1, 1989)
Water efficient irrigaƟon.
“Water efficient irrigaƟon” means the scheduling and management of an irrigaƟon system to supply moisture to a landscape without excess or waste in compliance with the landscape/irrigaƟon criteria set forth.
Water efficient landscaping.
“Water efficient landscaping” means a landscape that is designed and maintained to funcƟon in a healthful and visually pleasing manner in compliance with the landscape/irrigaƟon criteria set forth. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants naƟve to hot/dry environments, xeriscape, and hardscape to achieve an overall landscape concept which is water conserving.
Wholesale.
“Wholesale” means sale or resale and not for direct consumpƟon. (Ord. 822 §1, 1989)
Wine TasƟng.
“Wine tasƟng” means the furnishing to customers instrucƟon on the history, nature, values, and characterisƟcs of wine, as well as instrucƟon concerning the methods of presenƟng and serving the wine when samples of the subject wines are furnished to customers.
Wind sensing device.
“Wind sensing device” means a device that automaƟcally shuts off the irrigaƟon system during Ɵmes of heavy wind. (Ord. 1163 §1, 2012)
Wireless telecommunicaƟons antenna facility.
“Wireless telecommunicaƟons antenna facility” means an unstaffed facility for the transmission or recepƟon of wireless telecommunicaƟons services, commonly consisƟng of an antenna array, connecƟon cables, a support structure to achieve the necessary elevaƟon, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protecƟve structures.
Wireless telecommunicaƟons services.
“Wireless telecommunicaƟons services” means any personal wireless services as defined in the federal TelecommunicaƟons Act of 1996, including federally-licensed wireless telecommunicaƟons services consisƟng of cellular services, personal communicaƟons services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future. (Ord. 1044 §3, 2003) Wrecking yard.
“Wrecking yard” means the same as “automobile dismantling yard.” (Ord. 822 §1, 1989) Yard.
“Yard” means an open space abuƫng a front, rear, or side lot line of a lot that is unoccupied and unobstructed from the ground upward, except as otherwise provided in this arƟcle. Yard shall also mean the required setback area for a building or structure from a property line.
Yard, front.
A “front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulaƟons of the zone district in which the property is located. (Ord. 822 §1, 1989) Yard, rear.
A “rear yard” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line. (Ord. 822 §1, 1989) Yard, side.
A “side yard” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building. (Ord. 822 §1, 1989)
Zone.
“Zone” means an area of land shown on the official zoning map or described in this Ɵtle within which uniform regulaƟons for the uses and development of land are made applicable by this Ɵtle and shall include “district,” “zone district” and “zoning district.” (Ord. 822 §1, 1989) Zone change.
“Zone change” means the legislaƟve act of amending this Ɵtle by removing an area of land from one zone district and placing it in another zone district on the official zoning map. (Ord. 822 §1, 1989)
Title 17
ZONING
Chapters:
17.01 GENERAL PROVISIONS
17.02 DEFINITIONS
17.03 PERMIT APPROVAL PROCEDURES
17.04 ZONING MAP
17.05 RESIDENTIAL ZONES – STANDARDS AND USES
17.06 COMMERCIAL ZONES – STANDARDS AND USES
17.07 MIXED-USE ZONES – STANDARDS AND USES
17.08 PUBLIC FACILITIES ZONES – STANDARDS AND
USES
17.09 INDUSTRIAL ZONES – STANDARDS AND USES
17.10 OVERLAY ZONES – STANDARDS AND USES
17.11 SPECIAL USES – STANDARDS AND USES
17.12 ACCESSORY DWELLING UNITS
17.13 DENSITY BONUS
17.14 OBJECTIVE DESIGN STANDARDS
17.15 ADVERTISING SIGNS
17.16 OFF-STREET PARKING AND LOADING
Chapter 17.03
PERMIT APPROVAL PROCEDURES
Sections
17.03.010 Purpose and applicability.
17.03.020 Permit types.
17.03.030 Review bodies and responsibilities.
17.03.040 Development applicaƟon: streamlined ministerial approval.
17.03.050 Development applicaƟon process.
17.03.060 Conditional use permits.
17.03.070 Temporary use permits.
17.03.080 Home occupation permits.
17.03.090 Plans required and site plan review (ResidenƟal Zones ONLY).
17.03.100 Developments within flood hazard areas.
17.03.110 Final review and cerƟficaƟon of plans.
17.03.120 Improvement project areas – site plan review.
17.03.130 Public hearings – procedure and conduct.
17.03.140 Historic preservation.
17.03.150 Amendments to zoning regulations.
17.03.160 Variances.
17.03.170 NonconformiƟes.
17.03.180 ModificaƟon of development standards.
17.03.190 Miscellaneous standards and permiƩed encroachments.
17.03.200 Enforcement.
17.03.210 Catering vehicle as a condiƟonally permiƩed accessory use to a restaurant.
17.03.220 Electric vehicle charging systems.
17.03.230 Massage establishments.
17.03.010 Purpose and applicability.
The purpose of this chapter is to define the permit applicaƟon filing, processing, and approval procedures to which all development applicaƟons in the City of South El Monte are subject. This chapter shall apply to all uses, structures, faciliƟes, and construcƟon within the City of South El Monte which require a permit, as defined, to construct, enact, or implement.
17.03.020 Permit types.
The following types of permits shall be applicable to all uses, structures, faciliƟes, and construcƟon within the City of South El Monte, as specified:
A. CondiƟonal Use Permit
1. The purpose of the condiƟonal use permit is to afford the commission the opportunity to review proposed uses, structures, or faciliƟes which could have an adverse effect upon the surrounding area and to place such reasonable condiƟons upon these uses and developments as to make them more compaƟble with their surroundings. These condiƟons may supersede the development standards required elsewhere but will not permit uses not otherwise permiƩed.
2. A condiƟonal use permit shall be required for any use within a zone district which is designated as a condiƟonal use by the district regulaƟons or for such other uses which, by their scope, scale, or nature, would not specifically be permiƩed uses within any designated zone district, but which would be recognized as uses that would be beneficial to the community as a whole. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Temporary Use Permit
1. The purpose of the temporary use permit is to control and regulate land use acƟviƟes of a temporary nature which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compaƟble with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properƟes and the environment. (Ord. 1143 §1, 2011)
C. Home OccupaƟon Permit
1. The purpose of the home occupaƟon permit is to permit a variety of home occupaƟons within the residenƟal zones while ensuring that such uses are conducted in such a way as to ensure that no adverse effects will result. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.030 Review bodies and responsibiliƟes.
All development proposals may be subject to one or more development applicaƟon processing procedures contained in this chapter. The exact applicaƟon processing procedures that apply to a specific project will be determined by the City Planner based on project characterisƟcs. Table 17.03.030-A outlines the primary types of development applicaƟons and review procedures. When more than one (1) applicaƟon is required for a project, the applicaƟons are to be processed concurrently with the final decision body hearing all applicaƟons.
Table 17.03.030-A Review Bodies and ResponsibiliƟes
Type of Application Review Body Public Hearing
Process
Regulations
Streamlined
Ministerial Application
Approved by Community
Development Director
[CITY please
review] None
required
Section 17.03.040
Conditional Use
Permit
Approved by Planning
Commission
Set by
commission per
17.03.130
Section 17.03.060
Temporary Use Permit Approved by Community
Development Director
None required Section 17.03.070
Home Occupation
Permits
Approved by Community
Development Director
None required Section 17.03.080
Adult Use Permit Approved by City Manager Only if permit is revoked or
appealed
Chapter 5.25 Adult
Businesses
Residential Site Plan
Review
Approved by Planning
Commission
None required Section 17.03.090
Site Plan Review –
Improvement Project
Areas
Approved by Planning
Commission
Set by
commission per
17.03.130
Section 17.03.120
Developments within
Flood Zones
Approved by Planning
Commission – Conditional Use
Permit
None required Section 17.03.100
Amendments to
Zoning Regulations
Approved by Planning
Commission and City Council
Two hearings
(one with
Planning
Commission and
one with City
Council) set per
17.03.130
Section 17.03.150
Nonconformities Requires different approvers
depending on action taken to
nonconformity. See 17.03.160.
May be required.
See 17.03.160.
Section 17.03.170
Variances Approved by Planning
Commission
Set by
commission per
17.03.130
Section 17.03.170
Modifications of
Development
Standards
Approved by Community
Development Director
None required Section 17.03.180
ADUs Approved by Community
Development Director
None required Chapter 17.12
Density Bonus Approved by City Council None required Chapter 17.13
17.03.040 Development applicaƟon: streamlined ministerial approval.
The purpose of this chapter is to authorize an administraƟve permit for infill housing projects, including mixed-use projects, that comply with California Government Code SecƟon 65913.4 or the requirements of this chapter. Nothing in this chapter precludes an applicant from applying for discreƟonary site plan and design review. The following secƟon outlines the steps necessary for projects seeking a State of California Ministerial Development ApplicaƟon.
A. Infill housing projects Infill housing projects eligible for streamlined, ministerial approval process under Government Code SecƟon 65913.4.
1. AdministraƟve permit. A housing project, including a mixed-use project, will be granted an administraƟve permit if it—
a. Qualifies for streamlined, ministerial approval under California Government Code SecƟon 65913.4.
b. Complies with the city’s objecƟve zoning standards and objecƟve subdivision standards, as defined in California Government Code SecƟon 65913.4 and set forth in this code; and
c. Complies with the city’s objecƟve design review standards, as defined in California Government Code SecƟon 65913.4 and as set forth in the Citywide Infill Housing Design Standards.
B. ConflicƟng laws. In the case of a conflict between the city’s standards set forth in subsecƟon A above and the standards set forth in California Government Code SecƟon 65913.4, the provisions of the California Government Code prevail.
C. Deemed approval. If the city does not provide wriƩen noƟce as required by subsecƟon C above, the project will be deemed to saƟsfy the requirements specified in subsecƟon A above and must be granted an administraƟve permit.
D. The following development projects may apply through the following ministerial applicaƟon, per Government Code SecƟon 65913.4:
Application Filing
Step 1 Prior to submitting an application for the Streamlined Ministerial Approval Process, The development proponent must submit to the local government a notice of intent to submit an application and the local government must have completed the tribal consultation process outlined in Government Code Section 65913.4(b). The notice of intent shall be in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1. This required document is also listed below under Application Filing Step 5.
Step 2 An application submitted hereunder shall be reviewed by the agency within the timeframes required under Application Timeline below. Applications must contain all materials required by the agency for the proposed project, and it is not a basis to deny the project if either:
A. The application contains sufficient information for a reasonable person to determine whether the development is consistent, compliant, or in conformity with the requisite objective standards.
The application contains all documents and other information required by the local government.
Step 3 On development permit portal, information for all contacts related to this application must be provided. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect).
The Applicant is the person applying for approval. The Applicant must supply their legal name as it will be shown on the permit. It is important that the Applicant carefully and accurately communicate that information. An Authorized Agent may submit this application on behalf of the Applicant. Please add contact information of the authorized agent in such case.
Property Owners may be the Applicants. Property Owners, regardless of status as Applicant or not, must provide the following:
A. Completed and signed "Notice to Property Owner": If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is: CEO, Managing Member, Partner, President, Vice-President B. Proof of identification, including any of the following: Alien Registration Card, Driver’s Licenses, State Issued ID Card, U.S. Passport
C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a Trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property.
The Licensed Professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well.
Contractors must provide the following:
A. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the City and on-hand at time of permit issuance.
B. Individual pulling permit must have a current Contractor’s Registration License with the City of South El Monte.
C. Proof of current State of California Contractor’s License and classification (pocket card) D. Proof of valid Worker’s Compensation Insurance (for contractors with multiple employees) E. Developments meeting the following conditions must certify that a skilled and trained workforce shall be used to complete the development if the application is approved per Government Code Section 65913.4(a)(8)(B)
1. On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
Step 4 Applicant must identify the physical address where the proposed work will take place.
By entering the "Street No." below, and clicking the "Search" button, the portal will return a list of addresses to choose from. The portal will automatically return the "Parcel" and "Owner" information that is required once the street information is entered.
Step 5 The following supporting documentation will need to be provided in order for a residential development application to be deemed complete:
A. Notarized letter from the property owner giving the applicant authority to apply for the entitlement
B. Radius map showing all properties within three-hundred feet of the subject property C. (2) Two sets of mailing labels that list all property owners and occupants within three-feet of proposed project (physical copy dropped off or mailed to Planning Department) D. Completed Environmental Information Form - find link to the form below:
E. (https://www.cityofsouthelmonte.org/DocumentCenter/View/2256/EnvironmentalInformationForm-PDF) F. Photographs of the existing site
G. Title Report or Grant Deed
H. Tribal Scoping Consultation per AB 168
I. Evidence that the project is not within the following per Government Code Section 65913.4(a)(6):
1. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
2. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
3. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
4. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
5. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
6. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
7. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
8. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
9. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan.
10. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
11. Lands under conservation easement.
12. Additional evidence may be required per Government Code Section 65913.4(a)(7) as related to demolition of housing.
J. Complete set of plans that includes site development plan, floor plans, building elevations All plans must be consistent with objective design standards as laid forth in Chapter 17.14.
Application Processing
Step 1 Local governments shall make a determination of consistency per timeline spelled out below (see Application Timeline).
Step 2 Documentation of inconsistency(ies) with objective standards must be provided to the development proponent within these timeframes. If the local government fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the objective planning standards and shall be deemed consistent.
Design review or public oversight may be conducted by the local government’s city council, board of supervisors, planning commission, or any equivalent board or commission shall be conducted within the timeline as spelled out within this section.
Although design review may occur in parallel with or as part of the consistency determination, failure to meet subjective design review standards or obtain design review approval from the oversight board shall not in any way inhibit, chill, stall, delay, or preclude a project from being approved for development pursuant to these Guidelines if objective design review standards are met. This means that discussion or consideration of the application shall only relate to design standards. If the local government fails to complete design review within the timeframes provided above, the project is deemed consistent with objective design review standards.
Application Approvals
Step 1 Once the plan check application has been processed by the permit counter, developer will be able to upload plans and supporting documents through the Building Division Plan Submittal Portal at https://gopost-transtech.eplansoftreview.com/#/login?portal=selmonte Step-by-step instructions on how to submit through the portal are available here:
https://www.dropbox.com/s/le0t01287lq9gfp/Step-By-Step%20lnstructions.pdf?dl=O Step 2 Local government must determine if an application for a Streamlined Ministerial Approval complies with requirements and approve or deny the application per timeline spelled out in this section.
Step 3 Modifications to the development subsequent to the approval of the ministerial review, but prior to issuance of a final building permit, shall be granted in the following circumstances:
A. For modification initiated by the development proponent.
1. Following approval of an application under the Streamlined Ministerial Approval Review Process, but prior to issuance of the final building permit required for construction of the development, an applicant may submit a written request to modify the development. A list of approved modifications can be found in the HCD’s Updated Streamlined Ministerial Approval Process guidelines.
2. Upon receipt of the request, the local agency shall determine if the requested modification is consistent with the local agency’s objective standards in effect when the original application for the development was submitted. The local agency shall not
reconsider consistency with objective planning standards that are not affected by the proposed modification. Approval of the modification request must be completed within 60 days of submittal of the modification or 90 days if design review is required. A proposed modification shall not cause the original approval to terminate.
3. The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
B. For modification initiated by the local agency.
1. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, a local agency may require one-time changes to the development that are necessary to comply with the objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, or to mitigate a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A “specific, adverse impact” has the meaning defined in Government Code Section 65589.5(d)(2). Any local standard adopted after submission of a development application, including locally adopted construction codes, shall not be considered an "objective zoning standard," “objective subdivision standard," or "objective design review standard" that is applicable to a development application.
2. A determination that a change is required is a ministerial action. If a revised application is required to address these modifications, the application shall be reviewed as a ministerial approval within 60 days of re-submittal of the application.
Step 4 If a local government approves a development under the Streamlined Ministerial Approval Process, notwithstanding any other law, the following expiration of approval timeframes apply:
A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.
B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance) beyond tax credits, and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. “In progress” means one of the following:
1. The construction has begun and has not ceased for more than 180 days.
2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
C. The development may receive a one-time, one-year extension if the project proponent provides documentation that there has been significant progress towards getting the
development construction ready, such as filing a building permit application. The local government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.
Step 5 A local government shall issue subsequent permits as defined in Section 102(aa) required for a development approved under the Streamlined Ministerial Approval Process if the application for those permits substantially complies with the development as it was approved. Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process.
Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection “unreasonable delay” means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.
Application Timeline
Preapplication SB 35 Ministerial Housing Notice of Intent due prior to submitting application
30 days after receipt of
formal notice pursuant to
the provisions of AB 168/SB
35 Timeline in which California Native American must accept the invitation to engage in a scoping consultation. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response. 60 days after submittal of
application
Determination of consistency made for developments that contain 150 or fewer units
Within 90 days after
submittal of application
Design review or public oversight may be conducted by local government’s city council, board of supervisors, planning commission or any equivalent board or commission for developments that contain 150 or fewer units 90 days after submittal of
application
Determination of consistency made for developments that contain more than 150 units
Within 180 days after
submittal of application
Design review or public oversight may be conducted by local government’s city council, board of supervisors, planning commission or any equivalent board or commission for developments that contain more than 150 units Expiration of permit A. If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire.
B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance) beyond tax credits, and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval.
Approval shall remain valid for a project provided that vertical
construction of the development has begun and is in progress. “In progress” means one of the following:
1. The construction has begun and has not ceased for more than 180 days.
2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
C. The development may receive a one-time, one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. The local government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.
17.03.050 Development applicaƟon process.
Application Filing
Step 1 On the development permit portal, information for all contacts related to this application must be provided. The Applicant is the person applying for approval. The Applicant must supply their legal name as it will be shown on the permit. It is important that the Applicant carefully and accurately communicate that information. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect). An Authorized Agent may submit this application on behalf of the Applicant. Please add contact information of the authorized agent in such case.
Property Owners may be the Applicants. Property Owners, regardless of status as Applicant or not, must provide the following:
A. Completed and signed "Notice to Property Owner": For condominiums and townhouses, if the project is in the common area or exterior of a condominium building, a letter of authorization signed by the Homeowners Association (HOA) president is required along with documentation (e.g., HOA minutes) verifying the authenticity of the president’s position with the HOA. Alternatively, authorization from all condominium owners may be considered. If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is CEO, Managing Member, Partner, President, Vice-President
B. Proof of identification, including any of the following: Alien Registration Card, Driver’s Licenses, State Issued ID Card, U.S. Passport
C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a Trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property.
The Licensed Professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well.
Contractors must provide the following:
D. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the City and on-hand at time of permit issuance.
E. Individual pulling permit must have a current Contractor’s Registration License with the City of South El Monte.
F. Proof of current State of California Contractor’s License and classification (pocket card) G. Proof of valid Worker’s Compensation Insurance (for contractors with multiple employees) Step 2 Applicant must identify the physical address where the proposed work will take place. By entering the "Street No." below, and clicking the "Search" button, the portal will return a list of addresses to choose from. The portal will automatically return the "Parcel" and "Owner" information that is required once the street information is entered.
Step 3 The following supporting documentation will need to be provided in order for a residential development application to be deemed complete:
A. Notarized letter from the property owner giving the applicant authority to apply for the entitlement
B. Complete set of plans that includes site development plan, floor plans, building elevations C. Radius map showing all properties within three-hundredfeet of the subject property D. (2) Two sets of mailing labels that list all property owners and occupants within threehundredfeet of proposed project (physical copy dropped off or mailed to Planning Department)
E. Completed Environmental Information Form - find link to the form below:
F. (https://www.cityofsouthelmonte.org/DocumentCenter/View/2256/EnvironmentalInformationForm-PDF) G. Photographs of the existing site
H. Title Report or Grant Deed
The following supporting document will need to be provided in addition to the above list if the development will involve a Conditional Use Permit:
I. Conceptual landscape plan including all plant material existing and proposed for the site J. Colored elevations or renderings
K. Color and materials sample sheet
L. Sign program
The following supporting document will need to be provided in addition to the above list if the development will involve a Conditional Use Permit:
M. Tentative map of proposed subdivision
Application Processing
Step 1 Once the plan check application has been processed by the permit counter, developer will be able to upload plans and supporting documents through the Building Division Plan Submittal Portal at https://gopost-transtech.eplansoftreview.com/#/login?portal=selmonte
Step-by-step instructions on how to submit through the portal are available here:
https://www.dropbox.com/s/le0t01287lq9gfp/Step-By-Step%20lnstructions.pdf?dl=O Application Timelines
Issuance of
Building
Permit
Issuance of a building permit is contingent on the complexity of a project. Some projects may obtain permits over the counter while other projects will be routed to the City’s designated plan-check consultant. On average, first review of plans will take two to three weeks. The City will contact and coordinate with an applicant or representative on the availability of plans following the initial plan check process. It is then the responsibility of the applicant or designee to address all corrections prior to resubmitting for re-check with the City which will take an additional two to three weeks, after resubmittal. Please note, these timelines may be expanded or shortened depending on the complexity of a project.
Permit PreApprovalOnce a set of plans are approved, a building permit is issued to allow for construction.
Construction activity generally must be completed within 180 days from the issuance of the permit. The City may also engage the services of pre-approved outside inspectors for certain types of construction projects.
After
Project
Completion
At the conclusion of all construction activities, including inspections, a permit will be closed or finalized. After the final inspection, the permit and plans are archived by the City and may be viewed over the counter.
180 days
after date
of plan
submittal
check
The length that a plan check application submitted to the Building and Safety Division is good for. An extension maybe granted by submitting a written request with detailed explanation with the reason for the extension prior to the expiration date of the plan check.
Up to 12
months
after date
of plan
submittal
check
The length that a plan/building permit can remain active so long as the work authorized by the permit was commenced within 12 months, and the work is not abandoned (effective January 1, 2019, per Assembly Bill (AB) 2913). In addition, the building official may grant one or more extensions of time for periods of not more than 180 days per extension. A permittee requesting such extensions must make the request in writing and demonstrate justifiable cause for the extension.
17.03.060 CondiƟonal use permits.
Application Filing
Step 1 A conditional use permit shall be required for any use within a zone district which is designated as a conditional use by the district regulations or for such other uses which, by their scope, scale, or nature, would not specifically be permitted uses within any designated zone district, but which would be recognized as uses that would be beneficial to the community as a whole. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
When it is determined that a conditional use permit is required, application shall be made upon forms prescribed by the commission and shall be accompanied by such exhibits, maps or documents deemed necessary to provide the commission with complete information regarding the request. At the time the application is submitted, a fee, established by written resolution of the city council, shall be paid.
No part of the required fee shall be refundable unless the application is withdrawn prior to the publication of the notice of public hearing. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) Application Processing
Step 1 Upon receipt of the required application and fee, the commission shall set a hearing date which shall be advertised as provided in Chapter 17.03.130 of these regulations. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Approvals
Step 1 The commission may grant, conditionally grant, or deny a conditional use permit based on the required findings, on evidence presented by the staff report, the public hearing, or upon its own study and knowledge of the situation. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) The commission shall find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity nor to the city in general. If it fails to make these findings, the request shall be denied. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) Any decision on a proposed zoning amendment shall be consistent with the portions of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relating to siting of and siting criteria for hazardous waste facilities. (Ord. 963 §39, 1995; Ord. 888-U §2, 1990; Ord. 887 §2, 1990)
Step 2 The commission may attach such reasonable conditions of approval as it deems are necessary to ensure that the proposed use will be compatible with the surrounding area and with the goals of the city. Such conditions may include, but are not limited to, setbacks, building height, parking, landscaping, and architecture. All conditions shall be binding upon the applicants, their successors and assigns and shall run with the land; shall limit and control the issuance and validity of certificate of occupancy, and shall restrict and limit the construction, location, use and maintenance of all land and structures within the parcel, lot or development. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Step 4 Should any violation of conditions of approval occur, the planning commission may after appropriate public notice, reopen the public hearing on the conditional use permit and may impose additional conditions to rectify any violations or may, if such is shown to be warranted, revoke the conditional use permit for cause. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) Application Timelines
10 days after commission
decision
Applicant notified in writing of commission’s decision to grant or deny the conditional use permit. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) 14 days following
commission’s approval of
conditional use permit
Conditional use permit shall become effective. The applicant or any other person aggrieved by the commission’s decision may appeal to the city council in accordance with Chapter 17.03.130 of these regulations. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
24 months after effective
date if the conditional permit
has not been utilized
Permit shall be deemed null and void. If the conditional use permit is not utilized within the twenty-four-month timeframe, the applicant may apply for an extension before the expiration of the permit on a form approved by the community development director. (Ord. 1237 §6, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
3 consecutive months or 6
months during the calendar
year of abandonment or nonuse of a permit
Termination of conditional use permit.
17.03.070 Temporary use permits.
Application Filing
Step 1 The property owner or the owner’s authorized representative shall file an application for a temporary use permit with the planning division. The application form shall be filed along with any data and information deemed necessary to evaluate and process the application as may be required by the community development director.
For indoor events, the applicant shall provide a site plan, and floor plan showing all entrances and exits of the proposed facility to be used for the event. The applicant shall provide a security plan to ensure the safety of the people attending the event.
Application Processing
Step 1 The community development director has the authority to approve, conditionally approve or to deny such request.
Application Approvals
Step 1 The application shall not be approved as submitted or in modified form unless the community development director makes the following findings:
A. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of the Zoning Ordinance.
B. Approval of the application will be compatible with, and not detrimental to uses, property or improvements in the surrounding area.
C. Approval of the application will not be detrimental to the public health, safety or general welfare.
D. The proposed temporary use complies with the various provisions of this chapter.
E. All building, electric, plumbing, fire, encroachment or other permits required by city ordinances shall be obtained.
The community development director may establish conditions and limitations to minimize detrimental effects on surrounding properties, including, but not limited to, hours of operation, provision on parking, signing, lighting, and traffic circulation access. The community development director also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the city in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or re-conversion of any temporary use to a permanent use allowed in the subject zoning district.
Step 2 The site plan and floor plan for the proposed facility will be reviewed and approved by the fire department, and the security plan shall be reviewed and approved by the sheriff’s department prior to the event.
Step 3 The applicant or any interested party may appeal the decision of the community development director to the planning commission in writing. The decision of the planning commission shall be final
Application Timelines
30 days prior to the date
the proposed use takes
place
File an application for a temporary use permit for circus carnivals, fairs or similar amusement enterprises.
21 days prior to the
proposed indoor event
Submit a floor plan showing all entrances and exits of the proposed facility to be used for the event and a security plan to ensure the safety of the people attending the event
10 days prior to the date
the proposed use takes
place
File an application for a temporary use permit.
Within 10 days of the
decision from the
community development
director
Appeal the decision of the community development director.
A. Unless otherwise indicated in this Chapter, the provisions of this chapter do not apply to the following:
fireworks stands; garage and yard sales; outdoor storage and operaƟon; outdoor markets; swap meets; or public dances. RegulaƟons pertaining to the following uses can be found in the following porƟons of this Code:
1. Fireworks Stands: Chapter 8.08.
2. Garage and Yard Sales: Chapter 5.10.
3. Outdoor Storage and OperaƟons: Chapter 17.06
4. Outdoor Markets: SecƟon 17.09.020.
5. Public Dances: Chapter 9.40. (Ord. 1143 §1, 2011)
17.03.080 Home occupaƟon permits.
Application Filing
Step 1 Any individual desiring to conduct a home occupation shall submit a request for home occupation permit to the director of community development on forms prescribed by the planning commission.
Step 2 Any individual desiring to conduct a home occupation shall submit as part of their request for home occupation permit a fee as established by resolution of the city council.
Application Processing
Step 1 The director of community development shall review the application.
Application Approvals
Step 1 The director of community development shall approve the application if it meets the criteria of approval.
Step 2 The applicant shall execute an affidavit at the time of approval agreeing to the following conditions:
A. There shall be no employment of help other than members of the resident family; B. The use shall not generate vehicular or pedestrian traffic not normally associated with residential uses;
C. No sale or exchange of merchandise shall take place on the premises; D. No accessory building or yard space use or activity outside of the dwelling unit shall be permitted in connection with the home occupation;
E. No use of commercial vehicles for delivery of goods or materials to or from the premises shall be permitted;
F. No signs or other advertising shall be permitted on the premises; G. The exterior appearance of the building or of the premises shall not be altered in any manner which changes its residential character;
H. In connection with the parking of limousines or vans used in connection with transporting persons for hire, said vehicles will be parked or kept only in an enclosed garage or on a paved driveway leading to a garage. No person may perform maintenance services on such a vehicle located in the residential zone other than washing, waxing, checking and adding (but not changing) oil, cleaning windows and windshields, or replacing damaged tires The applicant shall be required to execute this affidavit annually, during the month of June.
Failure to comply shall result in the termination of the home occupation permit.
A. The home occupaƟon permit may be terminated for any of the following reasons:
1. ViolaƟons of any of the condiƟons as spelled out in this SecƟon (17.03.080).
2. Failure to execute the annual affidavit; or
3. If the permiƩee vacates the premises or ceases the home occupaƟon for a period of ninety days.
B. If the home occupaƟon permit is terminated for any of the reasons cited in SecƟon 17.03.040(D)(a), and the permiƩee feels that the decision to terminate was incorrect, he or she may appeal the acƟon to the planning commission in wriƟng, outlining the reasons that he or she feels that the acƟon of the director of community development was incorrect or arbitrary and including any extenuaƟng circumstances he or she feels are appropriate.
(Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.090 Plans required and site plan review (ResidenƟal Zones ONLY).
A site plan shall be submiƩed to the planning commission/community development department for all uses permiƩed by SecƟons 17.05.020. The site plan shall be submiƩed in sufficient detail to assure compliance
with the intent and purpose of this part. The site plan shall include, but not be limited to, locaƟon and design of buildings and other structures, off-street parking, circulaƟon, landscaping, locaƟon of refuse enclosures and locaƟon and design of recreaƟon areas. Included with the site plan shall be colored renderings of the elevaƟons of the proposed buildings and examples of materials to be used on the exterior of the structures. The applicant for site plan review by the planning commission shall submit such applicaƟon on forms prescribed by the planning commission and shall be accompanied by such fees as prescribed by wriƩen resoluƟon of the city council. For other uses permiƩed by SecƟon 17.05.020, plans shall be submiƩed to the department of planning and community development for review to ensure compliance with the Zoning Code and with the intent and purpose of these regulaƟons. (Ord. 822 §1, 1989)
17.03.100 Developments within flood hazard areas.
A. DesignaƟon of flood hazard area: The city council of the city shall have the authority to designate areas within the city when flood hazard informaƟon in the form of flood hazard boundary maps are provided by the federal or state government. (Ord. 822 §1, 1989) B. Permit – Required: No person, firm or corporaƟon shall erect, construct, enlarge, or improve any building or structure located within the areas designated as Zone A on the official flood hazard boundary map without first obtaining a condiƟonal use permit from the planning commission. (Ord. 822 §1, 1989)
C. Permit – ApplicaƟon: To request a condiƟonal use permit required by SecƟon 17.03.100(B), the applicant shall first file an applicaƟon in wriƟng on forms provided for that purpose. Such forms shall be accompanied by twelve copies of a plot plan, drawn to a scale of not less than one foot equals twenty feet, and by a fee as established by wriƩen resoluƟon of the city council. Every applicaƟon shall:
a. IdenƟfy and describe the work to be covered by the permit for which the applicaƟon is made; b. Describe the land on which the proposed work is to be done by lot, block, tract and street address or similar descripƟon that will readily idenƟfy and definitely locate the proposed project; c. Indicate the use or occupancy for which the proposed work is intended; d. Be accompanied by plans and specificaƟons for the proposed construcƟon; e. Be signed by the permitee or authorized agent who may be required to submit evidence to indicate such authority;
f. Within designated flood prone areas, be accompanied by elevaƟons (in relaƟon to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresidenƟal structures, the elevaƟon to which it has been floodproofed. DocumentaƟon or cerƟficaƟon of such elevaƟons will be maintained by the community development department; g. Provide such other informaƟon as reasonably may be required by the planning commission. (Ord. 822 §1, 1989)
D. CondiƟonal use permit – Review: The planning commission shall review all condiƟonal use permit applicaƟons to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. In reviewing
applicaƟons for new construcƟon, substanƟal improvements, prefabricated buildings, placement of mobile homes and other developments the commission shall:
a. Obtain review and reasonably uƟlize, if available, any regulatory flood elevaƟon data from federal, state or other sources, unƟl such data is provided by the Federal Flood Insurance AdministraƟon in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met:
i. The first floor elevaƟon (to include basement) of new residenƟal structures, to be elevated to or above the regulatory flood elevaƟon.
ii. The first floor elevaƟon (to include basement of nonresidenƟal structures) to be elevated or floodproofed to or above the regulatory flood elevaƟon. b. Require the use of construcƟon materials and uƟlity equipment that are resistant to flood damage. c. Require the use of construcƟon methods and pracƟces that will minimize flood damage. d. Be designated or anchored to prevent flotaƟon, collapse, or lateral movement of the structures or porƟons of the structure due to flooding.
e. Assure that in regard to mobile homes, specific anchoring requirements are:
i. Over-the-top Ɵes to be provided at each of the four corners of the mobile home with two addiƟonal Ɵes per side at the intermediate locaƟons and mobile homes less than fiŌy feet long requiring one addiƟonal Ɵe per side.
ii. Frame Ɵes to be provided at each corner of the home with five addiƟonal Ɵes per side at intermediate points and mobile homes less than fiŌy feet long requiring four addiƟonal Ɵes per side.
iii. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.
iv. Any addiƟons to mobile homes to be similarly anchored. (Ord. 822 §1, 1989) E. Review of tentaƟve subdivision map:
a. The planning commission shall review all tentaƟve subdivision maps and shall make findings of fact and assure that:
i. All such proposed developments are consistent with the need to minimize flood damage; ii. Subdivision proposals and other proposed new developments greater than five acres or fiŌy lots, whichever is lesser, include within such proposals regulatory flood elevaƟon data in areas designated Zone A;
iii. Adequate drainage is provided so as to reduce exposure to flood hazards; iv. All public uƟliƟes and faciliƟes are located so as to minimize or eliminate flood damage. (Ord. 822 §1, 1989)
F. New water and sewers: New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltraƟon by or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contaminaƟon during flooding. (Ord. 822 §1, 1989) G. Flood-carrying capacity: The planning commission shall ensure that the flood-carrying capacity within the altered or relocated porƟon of any watercourse is maintained. The city will noƟfy, in riverine situaƟons, adjacent communiƟes and the State CoordinaƟng Office prior to any alteraƟon or relocaƟon of a watercourse, and submit copies of such noƟficaƟons to the Administrator. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the NaƟonal Flood Insurance Program in accordance with the NaƟonal Flood Disaster ProtecƟon Act of 1973. (Ord. 822 §1, 1989)
Applicability: This chapter shall take precedence over conflicƟng ordinances or parts of ordinances. The city council may, from Ɵme to Ɵme, amend the ordinance codified in this chapter to reflect any and all changes in the NaƟonal Flood Disaster ProtecƟon Act of 1973. The regulaƟons of this chapter are in compliance with the NaƟonal Flood Insurance Program RegulaƟons as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976. (Ord. 822 §1, 1989)
17.03.110 Final review and cerƟficaƟon of plans.
A building permit may not be issued unless and unƟl the director of planning and community development, or his or her representaƟve, cerƟfies on such site plan that it complies with the condiƟons imposed by the planning commission and that it is consistent with the intent of each residenƟal zone (R-1, R-2 and R-3). (Ord. 822 §1, 1989)
17.03.120 Improvement project areas – site plan review.
Application Filing
Step 1 Application shall be submitted to the director of community development, or designee, on forms prescribed by the city and accompanied by the required fees established by the city council. Prior to the accepting the application, the director or designee, may require that one or more meetings be held with the project proponent and/or representatives.
The application shall be accompanied by a site plan of the entire property on which any development is proposed. The site plan shall show the size and location of each existing and proposed structure as well as the size and location of any existing structures to be removed or relocated. The site plan shall also show all off-street parking, vehicular traffic and pedestrian circulation, landscaping, refuse enclosures, mechanical equipment, easements, drainage structures (existing and proposed) and other information deemed necessary by the director of community development, or designee, or by the planning commission.
The application shall also be accompanied by elevation drawings of each proposed new structure and any existing structure proposed to remain on the site. The elevation drawings shall also show any other information deemed necessary by the director of community development, or designee, or by the planning commission. One copy of the elevation plans shall show the proposed colors and finish material for all proposed new structures and those structures which are proposed to remain. (Ord. 1020 §2, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Application Processing
Conditions of
New
Improvements
The planning commission shall consider the development proposal only at a public hearing pursuant to the provisions of Chapter 17.03.130. (Ord. 1020 §4, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991). After considering all the evidence presented at a public hearing, the planning commission shall render its decision(s) by a written resolution. In reaching any decision the planning commission shall consider the following criteria; A. Compatibility with the city’s General Plan, the improvement plan for the area, and the surrounding uses, both existing and planned;
B. Compatibility of architecture and design with existing and anticipated development in the vicinity, and/or with adopted design guidelines including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open space, and other features relative to harmonious and attractive development of the area.
C. The planning commission shall approve, approve with conditions, or disapprove the application. In all cases appropriate findings shall be made for any decision.
D. Any person aggrieved by a decision of the planning commission may appeal that decision to the city council pursuant to the provisions of Section 17.03.130 of this Code.
Subsequent to any decision of the planning commission taken pursuant to this chapter, the city council, or any member(s) of the city council, may, within fourteen calendar days from the effective date of that decision, call that decision for review by the city council.
Said review shall be held at a duly noticed public hearing pursuant to the provisions of Chapter 17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission. (Ord. 1020 §5, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Existing
Improvements
Exemption of existing improvements: approval under this chapter shall not result in requirements to alter or improve any existing improvements, unless:
A. Such existing improvements are to be altered in connection with, or are directly affected by, the proposed construction, grading or remodeling; or B. The value of the proposed construction, alteration, remodeling or other improvements being made exceeds fifty percent of the value of existing improvements. (Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Application Approvals
Step 1 –
Condition for
Approval
A site plan and architectural review, in addition to any other permits and entitlements to use, shall be required for any use, or development of, property located within an improvement project area in the city which involves any of the following:
A. Any new building with a gross floor area of five thousand square feet, or any addition to an existing building or structure which equals or exceeds fifty percent of the gross square footage of the existing building or structure.
B. Any use of the property or structure(s) which would be substantially different from the existing use of the property or structure(s), or in the case of vacant property or structure(s), any use which would be substantially different than the most recent previous use of the property or structure(s).
Step 2 –
Approval
Compliance
Subsequent to planning commission approval and before final inspection and approval or release of utility service(s) by the city building official, or designee, the department of community development shall inspect the site for compliance with the approved plan and conditions of approval, if any. Any deficiencies which are not corrected to the satisfaction of the director of community development shall be noted in writing. The property owner and city building official shall be provided copies of the written notice of noncompliance and final approval and release of utility service(s) shall not be given. If the property owner or his or her representative believes the director is incorrect in the finding of noncompliance, the property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.
Step 3 –
Subsequent
modifications
Subsequent modifications, additions, or deletions to the approved plans or conditions may be considered by the planning commission upon the filing of an application by the owner (or authorized representative) of the subject. Planning commission shall make a determination regarding the requested modifications.
A public hearing on the proposed modification(s) shall not be required unless the planning commission determines that the proposed modification extends beyond the intent of the original approval. (Ord. 1020 §7, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991) Step 4 –
Extension
Upon application filed with the department of community development not less than sixty days prior to the date upon which an approval will expire pursuant to subsection A of this section, the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public. Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter. (Ord. 1020 §8, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991) Step 5 –
Expiration
Expiration of site plan approval: site plan approval shall become automatically null and void, unless otherwise provided in this chapter or unless extended as provided in subsection B of this section, if any of the following occurs:
A. Failure to Commence Construction. A construction permit, if required for work authorized in the approved site plan, is not obtained from the building official within one year from the date of approval by the improvement district board. Work authorized by the construction permit shall commence within one hundred eighty days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty days or more;
B. Condition of Permit Approval. Circumstances which terminate the permit pursuant to any termination provisions included as a condition of the site plan approval; C. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions which automatically permits the development. Each nonconformity, if any, existing at the time of expiration of the site plan approval shall be brought into conformance pursuant to Section 17.03.
D. Ineligible Use. Upon a change of zone or of ordinance provisions which provides that the use is no longer eligible for site plan approval. Termination of such use and each nonconformity thereof shall be in accordance with this Chapter.
E. If none of the above circumstances transpires, the site plan approval shall remain in effect indefinitely.
Application Timelines
14 calendar days from
effective date of decision of
planning commission
Timeline in which city council, or any member(s) of the city council, may call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Section 17.03.130.
Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission.
14 days of the final decision
on application approval of
the director of community
development
Timeline in which property owner or his or her representative may appeal what is believed to be an incorrect in the finding of noncompliance. The property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.
60 days prior to the date of
approval
Timeline in which the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public.
180 days from date of
issuance of permit
Timeline in which work authorized by the construction permit shall commence. Such work shall not be suspended or abandoned at any time after commencement.
Up to 1 year Timeline for extensions of unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter.
17.03.130 Public hearings – procedure and conduct.
Timelines
10-60 days after filing of
application requiring a
public hearing
Timeline in which a public hearing must be set. When an application requiring a public hearing has been filed, the matter shall be set for public hearing before the planning commission.
10 days prior to date of
hearing
Notice of a scheduled public hearing shall be prepared not less than ten days prior to the date set for the hearing. As a minimum the notice shall include:
The matter under consideration;
The date, time, place and body before which the hearing will be held; An invitation to proponents and opponents to give testimony on the matter under consideration.
10 days prior to date of
hearing
Except for text amendments, a copy of the notice of public hearing shall be sent to all owners of property located within a radius of three hundred feet of the exterior boundaries of the property to which the public hearing applies. The list of property owners shall be taken from the latest
assessment roll of Los Angeles County. This notice shall be mailed not later than ten days prior to the date of the public hearing.
No later than 10 days after
date of decision
A. Timeline in which any person may appeal any decision of the planning commission to the city council by filing a written appeal with the city clerk; provided, however, that if City Hall is not open for business on the tenth day of the appeal period, the appeal period is extended to include the next business day.
B. Timeline in which any two members of the city council may call any decision of the commission for review by the city council by filing a written review request with the city clerk. The request shall state: "The request for review has been filed because the subject matter of the decision pertains to a matter of city-wide importance that should be considered by the city’s elected officials."
C. The appeal or review request stays the effectiveness of the decision until the matter is resolved. (Ord. 1048 §1, 2003: Ord. 963 §§39, 41, 1995; Ord. 822 §1, 1989)
City
council
appeal
process
Within 40 days
after written
appeal is filed
Timeline in which an appeal from or a council review of a planning commission decision shall be scheduled for a de novo public hearing.
At least 10 days
prior to hearing
Timeline in which the city shall provide written notice to the applicant, appellant and all persons who addressed the planning commission on the matter. After the public hearing, the city council may: affirm, reverse or modify the commission’s decision; remand the matter to the commission; or continue the matter. The council’s authority to modify the commission’s decision includes, but is not limited to, imposing additional conditions. The council’s decision shall be final and may be rendered by resolution or minute order unless state law requires a resolution.
Within 40 days
of public hearing
Timeline in which the commission’s decision shall be reinstated when the council is unable to reach a decision for any reason, including a tie vote or series of tie votes, notwithstanding any other provision in this Code. In such case, the effective date of the decision shall be the fortieth day after the close of the public hearing, and the Commission’s decision shall be final.
A. Conduct of the public hearing: All public hearings shall be conducted in accordance with the rules and procedures established by the city council or planning commission for such hearings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Announcement of commission decision: All decisions of the commission in maƩers requiring a public hearing shall be announced by wriƩen resoluƟon adopted by a majority of the members of the commission present. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Required informaƟon – appeal: The wriƩen appeal, filed with the city clerk, must indicate in what way the appellant feels the planning commission’s decision was incorrect or must provide extenuaƟng circumstances which the appellant feels would jusƟfy reversal or modificaƟon of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.140 Historic preservaƟon.
A. Title and Purpose: The provisions of this chapter shall be known as the “Historic and AestheƟc Resources Management Ordinance” of the city or by the short Ɵtle of the “Historical Ordinance.” (Ord. 963 §39, 1995; Ord. 822 §1, 1989) It is the purpose of this chapter to provide special condiƟons and regulaƟons for the protecƟon, enhancement, perpetuaƟon and use of places, buildings, structures, works of art, and other objects, having a special character or special historical or aestheƟc interest or value, within the meaning of California Government Code SecƟon 37361. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Cultural resources management commission
1. There is established in the city a cultural resources management commission (“commission”) empowered to designate, oversee, protect and manage the landmarks and historical districts of the city.
2. The planning commission is designated to sit as the commission and is empowered with all power and authority to perform all of the duƟes hereinaŌer enumerated and provided with respect to landmarks and historical districts.
3. The commission shall, when necessary, consider the opinions of professionals in the field of cultural resources and historic preservaƟon, published documents, newspaper accounts, and environmental documents relaƟng to the resource under consideraƟon, as well as the member of preservaƟon related organizaƟons such as historical socieƟes, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, aƩorneys, and urban planners. Also to be considered are the interests, opinions and views of the affected property owners and residents in deliberaƟons concerning cultural resources of the city.
4. The term of the members of the commission shall run concurrently with their respecƟve terms as appointed members of the planning commission.
5. The commission shall adopt its own policies, procedures, operaƟng rules, and bylaws, subject to approval by the city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Commission powers and duƟes: The powers and duƟes of the commission are as follows:
1. Prepare or cause to be prepared a comprehensive inventory of potenƟal landmarks and historical districts within the city;
2. Recommend to city council designaƟon of specific sites as landmarks and historical districts within the city;
3. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning programs undertaken by any agency of the city, the county, or state, as they relate to the cultural resources of the community;
4. Review applicaƟon for permits to construct, change alter, modify, remodel, remove, or significantly affect any landmark or historical district;
5. Review and comment upon all applicaƟons for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents as they affect landmarks or historical districts;
6. Approve or disapprove, in whole or in part, applicaƟons for permits pursuant to SecƟon 17.03.140 F.;
7. Make recommendaƟons to the council concerning the acquisiƟon of development right, façade easements, and the imposiƟon of other restricƟons and the negoƟaƟon of historical property contracts for the purpose of historic preservaƟon;
8. Recommend acceptance of dedicaƟons of private property for purposes of public areas, maintenance, landmark designaƟon, historic easements, or any other easement or dedicaƟon, pursuant to preservaƟon and maintenance of the city’s cultural resources;
9. Increase public awareness of the value of historic, architectural and cultural preservaƟon by developing and parƟcipaƟng in public informaƟon programs and by recommending the update of the preservaƟon program;
10. Make recommendaƟons to the council concerning the uƟlizaƟon of grants from federal and state agencies, private groups and individuals and the uƟlizaƟon of budgetary appropriaƟons to promote the preservaƟon of historic or architecturally significant structures in the city;
11. Evaluate and comment upon decisions by other public agencies affecƟng the physical development and land use paƩerns in designated sites and areas;
12. Cooperate with local, county, state and federal governments in the pursuit of the objecƟves of historic preservaƟon;
13. Keep minutes and records of all meeƟngs and proceedings including voƟng records, aƩendance, resoluƟons, findings, determinaƟons and decisions. All such material shall be public records;
14. Render advice and guidance, upon the request of the property owner or occupant, on the restoraƟon, alteraƟon, decoraƟon, landscaping or maintenance of any landmark or historic district, or neighboring property within public view;
15. ParƟcipate in, promote, and conduct public informaƟon, educaƟonal, and interpreƟve programs pertaining to cultural resources;
16. Perform any other funcƟons that may be designated by resoluƟon or moƟon of the city council;
17. To perform all funcƟons, powers and authoriƟes to achieve the goals and purpose stated in SecƟon
17.03.140 A. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
D. Design criteria: For the purpose of this chapter, an improvement may be designated a landmark by the city council, and any area within the city may be designated an historic district by the city as hereinaŌer provided if it meets the following criteria:
1. It exemplifies or reflects special elements of the city’s cultural, social, economic, poliƟcal, aestheƟc, engineering, or architectural history; or
2. It is idenƟfied with persons or events significant in local, state, or naƟonal history; or
3. It embodies disƟncƟve aestheƟc characterisƟcs of a style, type, period, or method of construcƟon, or is a valuable aestheƟc example of the use of indigenous materials or craŌsmanship; or
4. It is representaƟve of the notable aestheƟc work of a builder, designer or architect. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. DesignaƟon procedures: Landmarks and historic districts shall be designated by the city council in the following manner:
1. Any person may request the designaƟon of a landmark or the designaƟon of an historic district by submiƫng an applicaƟon for such designaƟon to the commission. The commission or city council may also iniƟate such proceedings on their own moƟon.
2. The commission shall conduct a study of the proposed designaƟon and make a preliminary determinaƟon based on such documentaƟon as it may require, as to its appropriateness for consideraƟon. If the commission determines that the applicaƟon merits consideraƟon, but only if it so determines, it shall schedule a public hearing with due speed and so noƟfy the applicant (if any) in wriƟng.
3. No building, alteraƟon, demoliƟon or removal permits for any improvement, building or structure within the proposed historic district or relaƟve to a proposed landmark shall be issued while the public hearing or any appeal related thereto is pending.
4. In the case of a proposed landmark, noƟce of the date, place, Ɵme and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the landmark at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adverƟsed once in a newspaper of general circulaƟon.
5. In the case of a proposed historic district, noƟce of the date, place, Ɵme and purpose of the hearing shall be given by first class mail to the applicant, owners and occupants of all properƟes within the proposed district at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adverƟsed once in a newspaper of general circulaƟon.
6. At the conclusion of the public hearing, but in no event later than thirty days from the date set for the iniƟal public hearing for the designaƟon of a proposed landmark or historic district, the commission shall recommend to the city council approval in whole or in part, or disapproval in whole or in part of the applicaƟon in wriƟng.
7. The city council, within thirty days of receipt of the recommendaƟons from the commission, shall by resoluƟon approve or condiƟonally approve the applicaƟon in whole or in part, or shall by moƟon disapprove it in its enƟrety.
8. Failure to send any noƟce by mail to any property owner where the address of such owner is not a maƩer of public record shall not invalidate any proceedings in connecƟon with the proposed designaƟon. The commission and council may also give such other noƟce as they may deem desirable and pracƟcable.
9. Any determinaƟon of the commission pursuant to this chapter shall be subject to appeal to the city council pursuant to the provisions of SecƟons 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) F. Permits
Application Filing and Required Documents
Step 1 Prior to the submission of an application for a building or other permit involving any designated or potential cultural or historic district under consideration by the commission or the council, the proposal must first be reviewed and cleared by the planning division to ensure compliance with this chapter and with other provisions of this title.
It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any landmark, or any portion thereof, which has been designated as a landmark pursuant to the provisions of this chapter, or which lies within a designated historic district, or to alter in any manner any exterior architectural feature within an historic district, or to place, erect, alter or relocate any sign within an historic district or on a landmark, without first obtaining written approval to do so in the manner provided in this chapter, nor shall the building official grant any permit to carry out such work on a designated landmark or within an historic district, without the prior written approval of the commission.
While a potential landmark or historic district is under consideration by either the commission of the city council, the building official shall not grant or issue any permit that would tear down, demolish, construct, alter, remove or relocate any such potential landmark or historic district, or portion thereof.
The commission staff shall be responsible for informing the building official of nomination procedures of potential landmarks or historic districts, in the most expedient manner. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Step 2 Such applications shall be accompanied by such materials as are required by the commission and are reasonably necessary for the proper review of the proposed project. Such materials may include, but are not limited to, front, side and rear elevations, exterior drawings, a site plan, materials samples, photographs, historical data, illustrations of proposed grading or drainage, landscaping plans, and line drawings of adjacent properties (especially where the height of an existing improvement will be altered or in the case of new construction).
If no other city permit is required to pursue work on a landmark or historic district designated or under current consideration, whoever is responsible for the work, whether it is the tenant, resident or property owner, shall apply for approval to the commission staff directly.
Step 3 The building official shall report any application for a permit to work on a designated or potential (under current consideration) landmark or historic district for which clearance has not been granted by the city to the commission staff directly. No application for any permit shall be accepted until and unless clearance has been given the staff.
Step 4 An environmental impact report (EIR) or negative declaration shall be required in conformance with the provisions of the California Environmental Quality Act (CEQA), with respect to demolition or alteration of any potential landmark or historic district. The findings of the environmental document shall be considered in the issuance or denial of permits.
Should the commission or city council hold in opposition to the findings of the environmental document, a written statement of overriding concern shall be made by the issuing body. All costs for production of the environmental documents shall be borne by the applicant.
Application Processing
Step 1 The commission shall complete its review and make a decision within thirty days of the date of receipt of the application. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions, interim or final, shall be made at regular meetings of the commission. The commission’s decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision.
Step 2 In review of permits sought in order to wholly or partially remove or demolish a landmark or historic district the commission may approve or disapprove the issuance of the permit or permits. A commission decision may be appealed by any person or persons directly to the city council, and the applicant and the appellant shall be given a reasonable opportunity to be heard by the council in support of or in opposition to the appeal. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Approval and Disapproval
Conditions of
Approval
The commission or the city council, upon appeal, shall issue an approval for any proposed work as described in Section 17.03.140 G., if and only if, it determines:
A. In the case of a designated landmark, the proposed work would not detrimentally alter, destroy or adversely affect any exterior architectural feature; or B. In the case of any property located within an historic district, the proposed construction, removal, rehabilitation, alteration, remodeling, excavation or exterior alteration does not adversely affect the character of the district; or C. In the case of construction of a new improvement, building or structure upon a landmark site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings and structures on site. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Disapproval -
Showing of
hardship
The commission or city council need not disapprove an application for permit to carry out any proposed work in an historic district, or on a landmark or a landmark site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the commission or city council that such disapproval will work immediate and substantial hardship on the applicant, whether this be property owner, tenant or resident, because proposed work, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that failure to disapprove the application will not be substantially destructive to the purposes of this chapter. If a hardship is found to exist under this section, the commission or city council shall make a written finding to that effect, and shall
specify the facts and reasons relied upon in making such a finding. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Timeline
Within 30 days of
the date of
receipt of the
application
Timeline in which commission shall complete its review and make a decision on application.
G. Maintenance and repair
1. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construcƟon, reconstrucƟon, alteraƟon, restoraƟon, demoliƟon, or removal of any such feature when the building officer cerƟfies to the commission that such acƟon is required for the public safety due to an unsafe or dangerous condiƟon which cannot be recƟfied through the use of the California Historical Building Code.
2. The owner, occupant or other person in actual charge of a designated landmark, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior porƟons of such improvement, building or structure, all of the interior porƟons thereof when subject to control as specified in the designaƟng ordinance or permit, and all interior porƟons thereof whose maintenance is necessary to prevent deterioraƟon and decay of any exterior architectural feature.
3. It shall be the duty of the department of community development and the building official to enforce this secƟon. Where the owner of a designated landmark has been ordered by the city to make necessary repairs, but has failed to do so, the city may make improvements necessary for the maintenance of the landmark and charge the cost of those repairs to the owner as a lien upon his or her property. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Local, state and federal law: Nothing in this chapter shall be construed to miƟgate the effect of any local, state, or federal codes, or law applicable to the designated landmark or historic district. However, where the preservaƟon and maintenance of a designated landmark or historic district is in direct conflict with the provisions of this Ɵtle, or this Code, the public interest will be considered best served through preempƟon of conflicƟng secƟons of these codes, by this chapter. All other provisions of this Code not in direct conflict with preservaƟon of the designated landmark or historic district will not be abrogated by this chapter. (Ord. 963 §39, 1995; Ord. 822 §1, 1989.
I. Enforcement and penalƟes
1. Methods of Enforcement. In addiƟon to the regulaƟons of this chapter, provisions of this Code and other provisions of law which govern the approval or disapproval of applicaƟons for permits or licenses covered by this chapter, the department of community development and/or the building
officer shall have the authority to implement the enforcement hereof by any of the following means:
a. Serving noƟce requiring the removal of any violaƟon of this chapter, upon the owner, agent, occupant or tenant of the improvement, building, structure or land; b. Calling upon the city aƩorney to insƟtute any necessary legal proceedings to enforce the provisions of this chapter, and the city aƩorney is authorized to insƟtute any acƟon to that end; c. Calling upon the Los Angeles County sheriff and authorized agents to assist in the enforcement of this chapter.
2. In addiƟon to any of the foregoing remedies, the city aƩorney may maintain an acƟon for injuncƟve relief to restrain or enjoin or to cause the correcƟon or removal of any violaƟon of this chapter, or for an injuncƟon in appropriate cases.
3. Any owner, landlord, or tenant of any designated landmark, or any landmark under consideraƟon for designaƟon by the commission, who tears down, demolishes, alters, removes, or relocates the landmark, or porƟon thereof, shall replace and restore the landmark to its original condiƟon at his or her own expense, including all addiƟonal expenses incurred by the city in enforcing this provision.
4. PenalƟes. Any person violaƟng any provision of this chapter shall be deemed guilty of a misdemeanor and upon convicƟon thereof shall be fined in an amount not exceeding one thousand dollars, or be imprisoned for a period not exceeding six months, or be so fined and imprisoned.
Each day such violaƟon is commiƩed or permiƩed to conƟnue shall consƟtute a separate offense and shall be punishable as such hereunder. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.150 Amendments to zoning regulaƟons.
A. General: Whenever the public necessity, convenience or general welfare will be benefiƩed, the city council may amend the regulaƟons herein, adjust the boundaries of zone districts, or reclassify properƟes. Insofar as possible, amendments should be in agreement with officially adopted city policies and plans, and shall be consistent with General Plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) B. City policies and plans review: In the event a proposed amendment is inconsistent with current city policies and plans, review by the planning commission of such proposed amendment and of current city policies and plans shall be coordinated so that the city council will be able to consider in one proceeding any recommended amendments to city policies and plans necessary to retain consistency by reason of such amendment. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Consistency with hazardous waste management plan: Any decision on a proposed zoning amendment shall be consistent with the porƟons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relaƟng to siƟng of and siƟng criteria for hazardous waste faciliƟes. (Ord. 963 §39, 1995; Ord. 888-U §1, 1990; Ord. 887 §1, 1990) D. IniƟaƟon of amendments:
1. Text Amendments. Text amendments may be iniƟated by a moƟon of the city council or the planning commission or by the director of planning development.
2. Property Rezoning. Property rezoning may be iniƟated by a moƟon of the city council or the planning commission, by the director of community development, or by an applicaƟon signed by the owner(s) of all property affected. The applicaƟon must be on forms prescribed by the planning commission and must be submiƩed to the community development department. Unless an applicaƟon is made by a public agency or duly consƟtuted governmental body, it must be accompanied by a fee established by wriƩen resoluƟon of the city council.
3. Property Pre-zoning. An unincorporated area may be pre-zoned to determine the zoning that will apply in the event of subsequent annexaƟon to the city. Procedures for iniƟaƟon are the same as for property rezoning.
4. Property Interim Zoning. ProperƟes not pre-zoned upon annexaƟon must be interimly zoned. The planning commission must consider permanent (precise) zoning thereaŌer at its earliest convenience. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Planning commissions procedure:
1. Public Hearing. The planning commission shall hold at least one public hearing on all text amendments and property rezoning proposals. No public hearing shall be required for interim zoning proposals.
2. Public NoƟce. NoƟce of public hearing shall be made in accordance with Chapter 17.03.130.
3. OpƟons. The planning commission may disapprove, conƟnue to a later meeƟng, or recommend approval of a text amendment or property rezoning to the city council. RecommendaƟons for approval shall be based on the following findings.
a. SubstanƟal proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the ciƟzens of the city; and b. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; and
c. Streets and public faciliƟes exisƟng or proposed are adequate to serve all uses permiƩed when the property is reclassified; and
d. All uses permiƩed when the property is reclassified will be compaƟble with present and potenƟal future uses, and further, exisƟng regulaƟons applying to the property in quesƟon.
4. Appeal. The applicant, or any other interested party, may appeal the decision of the planning commission to the city council in accordance with provisions of SecƟon 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. City council procedure:
1. Public Hearing. The city council must hold at least one public hearing on each planning commission recommendaƟon to amend the text of this Ɵtle or to reclassify property. No public hearing shall be required for interim zoning.
2. Public NoƟce. NoƟce of public hearing shall be made in accordance with SecƟon 17.03.130.
3. OpƟons. Text amendments and zoning decision of the planning commission may be modified, approved, disapproved, conƟnued to a later meeƟng or returned to the planning commission for further study and recommendaƟons. The council’s decision must be based on the required findings contained in SecƟon 17.03.150 E.
4. EffecƟve Date. The city council’s decision to approve a text amendment or rezoning shall become effecƟve thirty days from the date of adopƟon of the ordinance approving the change. All other decisions shall become effecƟve fourteen days aŌer approval.
5. Pre-zoning Time Limit. If, within one year of official city council approval of a pre-zoning the subject area has not yet been annexed to the city, the approval may be subject to reconsideraƟon by the planning commission and city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Expanded area of consideraƟons: When in the opinion of the director of community development, or upon direcƟon of the planning commission or city council, it is determined that an area subject to reclassificaƟon consideraƟon should be expanded or contracted to fulfill the findings specified in SecƟon 17.03.150 E., the procedure required for approval is the same as specified for the commission and council in SecƟons 17.03.150 E. and 17.03.150 F. Said expansion may be iniƟated by the director of community development, planning commission or the city council. Final reclassificaƟon may include all, a porƟon, or none of the expanded or contracted area. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. ReapplicaƟon: ReclassificaƟon shall not be reconsidered within one year from the date of the last official acƟon taken unless the submiƩal is first approved by the planning commission or city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
I. ReclassificaƟon – condiƟons aƩached or aƩachable: CondiƟons of approval for reclassificaƟon shall not be cited in ordinances of reclassificaƟon. Whenever prerequisite condiƟons are deemed necessary, ordinances of reclassificaƟon shall not be finally acted upon unƟl provisions for compliance have been made. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.160 Variances.
A. Purpose: Variances from the terms of the zoning regulaƟons shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, locaƟon or surroundings, the strict applicaƟon of the provisions of these regulaƟons deprives such property of privileges enjoyed by other property in the vicinity and under the idenƟcal zoning classificaƟon. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. CondiƟons: Any variance granted shall be subject to such condiƟons as will assure that the adjustment thereby authorized shall not consƟtute a grant of special privileges inconsistent with the limitaƟons upon other properƟes in the vicinity and zoning district in which such property is situated. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Variance prohibited: A variance shall not be granted which authorizes a use or acƟvity which is not otherwise expressly authorized by the regulaƟons which govern the zone district in which the parcel or property is located. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) D. Required findings: No variance shall be granted by the commission unless it finds:
1. That the strict applicaƟon of the zoning regulaƟons would result in pracƟcal difficulƟes or unnecessary hardships, not of the applicant’s making
2. That there are excepƟonal circumstances or condiƟons applicable to the property involved that do not apply to other property in the vicinity and in the idenƟcal zone
3. The approval of the variance will not result in a grant of special privileges inconsistent with the limitaƟons upon other properƟes in the vicinity and in the idenƟcal zone
4. That the granƟng of the variance will not be in conflict with the General Plan or with any approved specific plan or neighborhood plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) E. Consistency with hazardous waste management plan: Any decision on an applicaƟon for a variance shall be consistent with the porƟons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relaƟng to siƟng of and siƟng criteria for hazardous waste faciliƟes. (Ord. 963 §39, 1995; Ord. 888-U §3, 1990; Ord. 887 §3, 1990) F. ApplicaƟon and fee: ApplicaƟon for variances shall be filed with the commission upon forms and accompanied by such data as may be prescribed by the commission, so as to assure the fullest pracƟcal presentaƟon of the facts for the public record. The filing fees for variances shall be established by wriƩen resoluƟon of the city council and no part of such fee is refundable unless the applicaƟon is withdrawn prior to publicaƟon of the noƟce of public hearing. No fee shall be required of any recognized civic or governmental organizaƟon. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Public hearing: Upon the filing of an applicaƟon for a variance from the provisions of these regulaƟons, the commission shall set a date for a public hearing before the commission on the maƩers contained in the applicaƟon. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Commission acƟon: If, from the facts presented with the applicaƟon at the public hearing, or by invesƟgaƟon by, or at the direcƟon of the commission, the commission makes the findings set forth in SecƟon 17.03.140 D. above, the commission may grant the requested variance, in whole or in part, upon such terms and condiƟons as it may deem necessary to conform with the general intent and purpose of these regulaƟons. If the commission fails to make the required findings, the applicaƟon shall be denied. Each decision by the commission, authorizing a variance from the regulaƟons established by this Ɵtle shall be by wriƩen resoluƟon adopted by a majority of its membership, seƫng forth the required findings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989).
I. CondiƟons of approval: The commission may aƩach such reasonable condiƟons to the approval as it deems necessary to ensure that the proposed use will be compaƟble with the surrounding area and with the goals of the city and that the variance will not consƟtute a grant of special privilege. All condiƟons shall be binding upon the applicants, their successors, and assigns, and shall run with the land; shall limit and control the issuance and validity of cerƟficates of occupancy, and shall restrict and
limit the construcƟon, locaƟon, use and maintenance of all land and structures within the parcel, lot or development. (Ord. 1237 §7, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. ExpiraƟon: If the variance is not uƟlized within the twenty-four-month Ɵmeframe, the applicant may apply for an extension before the expiraƟon of the permit on a form approved by the community development director. (Ord. 1237 §7, 2019)
K. NoƟce of decision: Not later than ten days following the commission’s decision to grant or deny the variance, the applicant shall be noƟfied in wriƟng of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
L. EffecƟve date and appeal: No variance authorized or granted by the commission shall become effecƟve unƟl aŌer an elapsed period of fourteen days from the date the determinaƟon is made, during which Ɵme a wriƩen appeal from the decision may be taken to the council by the applicant or any person aggrieved or affected by such determinaƟon. (Any appeal of a decision, by the commission, must be made in accordance with the provisions of SecƟon 17.03.110 of these regulaƟons.) (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
M. ConƟnuaƟon of exisƟng variances: Variances granted by the commission prior to the effecƟve date of the adopƟon of these regulaƟons or of any amendment thereto may be conƟnued provided all condiƟons of such variances conƟnue to be met. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.170 NonconformiƟes.
A. Intent and Purpose: The purpose of the provisions of this chapter shall be to provide for the regulaƟon and eventual eliminaƟon of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the orderly development of the city and is detrimental to the public health, safety, convenience and general welfare of persons and property within the city. It is further declared that it is the policy of the city that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the consƟtuƟonal rights of the property owners of such nonconforming uses.
The conƟnuaƟon of nonconforming uses as provided in this chapter is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within the specified Ɵme periods. Nonconforming uses are declared to be illegal and prohibited aŌer the terminaƟon dates set forth in this chapter. (Ord. 964 §5, 1995; Ord. 822 §1, 1989) B. ExisƟng Uses: Any exisƟng use or structure which does not conform to the regulaƟons of this Ɵtle or to any subsequent amendments thereto, but which was in conformance with all ordinances and laws, or which was a legal use on the effecƟve date of Ordinance No. 182, or of any subsequent amendment thereto, shall be classified as nonconforming. A nonconforming building or structure, or a nonconforming porƟon of a building shall be deemed to consƟtute a nonconforming use of the land upon which it is located. However, only that porƟon of the property actually uƟlized for the nonconforming use shall be considered nonconforming. Any legally exisƟng use or structure exisƟng on the effecƟve date of these regulaƟons, or of any subsequent amendment thereto, which is now listed as a condiƟonal use in the zone district in which it is located shall be classified as a nonconforming use and shall so remain unƟl a condiƟonal use permit has been granted by the planning commission in accordance with the provisions of these regulaƟons. (Ord. 964 §6, 1995; Ord. 822 §1, 1989)
C. ConƟnuaƟon: A lawfully exisƟng nonconforming use or structure may conƟnue to be uƟlized for a specific length of Ɵme as set forth in SecƟon 17.03.170 J., provided there is no structural alteraƟon, increase or enlargement of area, space or volume occupied or devoted to such use, except as otherwise permiƩed by these regulaƟons. (Ord. 822 §1, 1989) D. Repairs, alteraƟons, addiƟons and construcƟon: Such repairs and maintenance work that may be required to keep nonconforming building or structures in a safe and sound condiƟon may be made.
However, structural alteraƟon of nonresidenƟal building which would require a building permit shall be limited to those necessary to restore the structure to a safe condiƟon. The allowable extent of alteraƟons shall be limited as provided in these regulaƟons. No repair or alteraƟons made to any nonconforming structure or use shall be construed as authorizing an extension of any Ɵme limit for the terminaƟon of nonconformity. (Ord. 822 §1, 1989)
a. AddiƟons, alteraƟons or reconstrucƟon shall be allowed only for the purpose of relieving overcrowded condiƟons or to provide adequate living space for the family living on the premises, and only where it can be shown that they would not adversely affect the subject property or the surrounding area, and any such addiƟons, alteraƟons or reconstrucƟon shall require approval of the city. Such addiƟons, alteraƟons or reconstrucƟon shall not be allowed for the purpose of gaining addiƟonal rent or revenue. The director of community development is authorized to approve addiƟons and alteraƟons to nonconforming residenƟal structures within the city, where the addiƟon or alteraƟon does not increase the nonconformity. (Ord. 1232 §5, 2019; Ord. 822 §1, 1989)
b. AddiƟons and alteraƟons to nonconforming commercial or industrial uses may be authorized only by a condiƟonal use permit granted in accordance with the provisions of this Ɵtle. The planning commission must make the following findings in order to grant the condiƟonal use permit:
i. Proposed addiƟons or alteraƟons are needed to relieve overcrowded condiƟons and to modernize an exisƟng use to the extent that it can successfully operate. Such addiƟons or alteraƟons may not be used for the establishment of a new enterprise. ii. Proposed addiƟons or alteraƟons shall not be permiƩed if they would adversely affect the exisƟng development or impede further conforming development of the property or of the surrounding area for permiƩed uses.
iii. The owners of the subject property shall execute a wriƩen agreement which provides that any alteraƟons made pursuant to this secƟon shall not extend the Ɵme set forth in these regulaƟons for the terminaƟon of such nonconforming structure. (Ord. 964 §7, 1995; Ord. 822 §1, 1989) Repairs to parƟally destroyed structures
c. Repairs to parƟally destroyed structures: a nonconforming building or structure which is damaged or parƟally destroyed to the extent of not more than fiŌy percent of its assessed value at that Ɵme, may be restored and the occupancy or use of such building, structure or part thereof which existed at the Ɵme of such destrucƟon may be conƟnued or resumed; provided, that the total cost of such reconstrucƟon does not exceed fiŌy percent of the assessed value of the building or structure at the Ɵme of such damage, and that such restoraƟon is started within a period of one year of such
damage. In the event such damage or destrucƟon exceeds fiŌy percent of the assessed value of such building or structure, no repairs or reconstrucƟon shall be made unless every porƟon of such building or structure is made to conform to all regulaƟons of the district in which it is located. (Ord. 822 §1, 1989)
d. Structures under construcƟon: Where valid building permits have been issued for a structure prior to the effecƟve date of these regulaƟons, the structure may be completed and used in accordance with the plans and specificaƟons upon which such permits were issued, provided construcƟon is commenced within thirty days aŌer the issuance of the permits and work is diligently pursued to compleƟon within the subsequent six-month period. (Ord. 822 §1, 1989) E. Public uses, quasi-public uses, and public uƟliƟes
a. A lawfully exisƟng nonconforming school, park, library, fire staƟon, church or other public or quasipublic use may be added to, extended or altered; provided, that such addiƟons, extensions or alteraƟons do not extend beyond the boundaries of the exisƟng site; and provided that such addiƟons, extensions or alteraƟons comply with the development standards and all other provisions of this Ɵtle. (Ord. 822 §1, 1989)
b. The planning commission, by wriƩen finding, may determine that a parƟcular public uƟlity facility or installaƟon, nonconforming to the requirements of this Ɵtle, is necessary to serve the areas in which it is located. The public uƟlity facility may then be extended, or altered provided the facility does not extend beyond the boundaries of the exisƟng site, and provided that the addiƟon, extension, or alteraƟon complies with all other provisions of this Ɵtle. (Ord. 822 §1, 1989) F. Change of nonconforming use: No nonconforming use shall be changed to another nonconforming use, nor shall a nonconforming use be extended to displace a conforming use except in accordance with the provisions of this Ɵtle. (Ord. 822 §1, 1989)
G. Reversion to nonconforming status: Any porƟon of a nonconforming building or use which is altered or changed to a conforming use shall not thereaŌer be used for a nonconforming use. (Ord. 822 §1, 1989) H. Abandonment of a nonconforming building or use – extensions: Where a nonconforming building, structure or use of a building, structure, or land has ceased for a period of ninety days or longer, such nonconformity shall be deemed to be abandoned. All nonconforming rights and privileges pertaining to such nonconforming building, structure or use are terminated on the ninety-first day. However, the property owner may apply for a nonconforming extension permit no later than one month prior to the end of the ninety-day period extending such ninety-day period for a period not to exceed two years.
The director of community services may approve, condiƟonally approve, modify or deny the permit. In the event the director of community development grants such permit, the nonconforming rights and privileges pertaining to such nonconforming building, structure or use shall remain in effect unƟl the earlier of the following events: the nonconforming building or structure is demolished; in the case of a nonconforming use, such use is replaced with a conforming use; or the day aŌer the expiraƟon date of the extension. (Ord. 1162 §1, 2012; Ord. 822 §1, 1989)
I. LimitaƟons on other uses: While a nonconforming use exists on any lot or parcel of land, no new use may be established thereon, unless the following condiƟons exist:
a. Each exisƟng and proposed use, including all accessory buildings and uses, shall be located on a lot or parcel of land having the area required in the zone district for such use. b. These uses shall be so located that the lot or parcel of land can be subdivided into individual parcels, each of which shall contain no less area than required by the zone district in which the property is located. All subdivisions shall comply with the requirements of the subdivision ordinance of the city. (Ord. 822 §1, 1989)
J. Required terminaƟon periods of nonconformiƟes: Each nonconforming building, structure or use shall be completely removed or altered to conform to the regulaƟons of the zone district in which it is located within the following specified periods of Ɵme.
Nonconforming buildings and structures
Where the property is developed only with minor
structures. A minor structure means any structure
not requiring a building permit
3 years
Residential structures (single-family residential
dwellings, two-family dwellings, three-family
dwellings, and multiple-family dwellings) except
those structures permitted pursuant to Chapter
17.05. 35 years from the date of construction or 20 years from the effective date of the regulations codified
in this chapter, whichever is later
Commercial building and structures (including
stores, offices, hotels and the like)
25 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Industrial buildings and structures (including
factories, shops and similar industrial buildings)
40 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Metal buildings not in compliance with metal
building regulations
March 17, 1989
On-site signs which have been abandoned or
which rotate or have moving lighting devices
180 days
Any nonconforming structure which is destroyed
or damaged to an extent exceeding 50% of its
replacement value, including nonconforming
residential structures
120 days from the date of such damage or
destruction
Any nonconforming structure not covered
otherwise by these regulations
5 years from the effective date of the regulations
codified in this chapter
Nonconforming uses of building or land
Nonconforming use of a conforming structure 7 years from effective date of these regulations codified in this chapter
Mobile home parks 35 years from date of construction or 20 years from effective date of regulations codified in this
chapter, whichever is later
All other nonconforming uses 5 years from effective date of these regulations
Determination of the termination date
Nonconforming structures or uses which were
conforming immediately prior to the effective date
of Ordinance No. 182, the
Time period shall be measured from the
effective date of said ordinance.
For structures or uses which hereinafter become
nonconforming due to any zone change or other
amendment to the zoning ordinance
Time period shall be measured from the
effective date of such zone change or
amendment.
For structures or uses which first became
nonconforming by the provisions of any city or
county ordinance prior to the effective date of
Ordinance No. 182
Time period shall be measured from the date
such structures or uses first became
nonconforming. (Ord. 964 §8, 1995; Ord. 822
§1, 1989)
Extension of termination date
In establishing the termination date for nonconforming structures and uses, it is recognized that there may be some uses which entail a substantial investment in time and money and which may require a greater period of time to amortize than provided in Section 17.03.170 J. “Nonconforming uses of building or land”. Any party may petition the planning commission for an extension of time for the termination of a nonconforming use or structure. The planning commission shall conduct a hearing on the petition and shall determine the appropriateness of the request. A copy of the recommended action shall be forwarded to the city council for final disposition. (Ord. 822 §1, 1989) K. Removal of structures: Prior to the expiraƟon of the terminaƟon period, the nonconforming structure shall be completely removed or brought into compliance with the requirements of these regulaƟons.
The city shall not be liable for the cost of altering or removing any nonconforming structure or use. If the nonconforming use or structure is not brought into compliance with the requirements of these regulaƟons, or removed in accordance with the date established in this chapter, the city shall have the right to declare the structure to be a public nuisance and to cause its removal in accordance with the provisions of Chapter 8.36. (Ord. 964 §9, 1995; Ord. 822 §1, 1989) L. Appeals: Any party who has been administraƟvely ordered by the city to terminate a nonconforming use shall have the right of appeal to the city council if he or she has reason to feel that such order is unreasonable or would cause undue hardship. The city council may affirm the order or may extend the date upon which the nonconformity must be terminated. (Ord. 822 §1, 1989)
17.03.180 ModificaƟon of development standards.
A. Purpose: The purpose of the modificaƟon of development standards is to permit a property owner or tenant to deviate from the strict applicaƟon of property development standards of the zone district in which his or her property is located in cases of demonstrable hardships not warranƟng the granƟng of a variance. Such deviaƟons shall be minor in nature. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Authority: All modificaƟons of development standards must be approved by the community development director or designee who shall have the authority to modify standards as they apply to
yard and setback requirements, building height, sign height or area, parking and landscaping. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Extent of modificaƟon of development standards:
1. Yard and setback standards may be modified by twenty percent of the zone district requirements.
2. Building height standards may be modified by ten percent of the zone district requirements.
3. Maximum sign height requirements may be modified by twenty percent and maximum sign area requirements may be modified by twenty percent.
4. Parking requirements may be modified by:
a. Ten percent; or
b. Twenty percent with an approved valet parking plan.
5. Landscaping requirements may be modified by ten percent of the zone district and parking ordinance requirements. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 925 §1, 1993; Ord. 822 §1, 1989)
D. ApplicaƟon and fee: A request for modificaƟon of development standards shall be filed on forms prescribed by the community development director and shall be accompanied by a plot plan(s) and a fee, as established by wriƩen resoluƟon of the city council. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Plans required and plot plan review: A plot plan shall be submiƩed to the director of community development for any use requiring a modificaƟon of development standards. The plot plan shall include, but shall not be limited to, locaƟon of building and structures, areas designated for off-street parking and loading, circulaƟon, landscaping, trash enclosures and the locaƟon of mechanical equipment. The community development director or designee shall review the plot plan and requested modificaƟon of standards to ensure that the intent and purpose of the zone district in which the property is located is implemented, that the requested modificaƟon is within the limits of SecƟon
17.03.170 C. that the required showings have been made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. Required showing by the applicant: Before any modificaƟon of standards will be granted, the applicant shall be required to make the following showing:
1. That the modificaƟon requested is warranted by condiƟons applicable to the subject property;
2. That the modificaƟon, if granted, would not be detrimental to the property owners in the area or to the general public. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. CondiƟons of approval: Any modificaƟon of development standards granted shall be subject to such condiƟons as will ensure that the adjustment thereby authorized shall not consƟtute a grant of special privileges inconsistent with the limitaƟons upon other properƟes in the vicinity and in the zone district within such property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
H. NoƟce of decision: Following the acƟon by the community development director or designee, in granƟng or denying the request for a modificaƟon of development standards, a leƩer shall be mailed to the applicant at the address shown on the applicaƟon form and to any other person requesƟng a copy, advising of the decision made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) I. ExpiraƟon: Unless otherwise specified in the acƟon granƟng the modificaƟon of development standards, any modificaƟon which has not been uƟlized within six months from the effecƟve date of approval shall be null and void. The abandonment or nonuse of a modificaƟon for any period of six consecuƟve months shall terminate the modificaƟon and any privileges granted thereunder shall become null and void. A six-month extension may be granted by the community development director. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. Appeal: An appeal of a decision of the community development director may be made to the planning commission. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) K. Final review of plans: Before a building permit may be issued, the director of community development, or representaƟve, shall sign the plot plan cerƟfying that it complies with the condiƟons established and with the intent and purpose of the zone district in which the property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.190 Miscellaneous standards and permiƩed encroachments.
A. Purpose: These standards are designed to ensure that property in the various zone districts established throughout the city are developed in a uniform and orderly manner and will promote the public health, safety, convenience, and general welfare. These development standards shall apply in addiƟon to any other standards which may be established. (Ord. 822 §1, 1989) B. Accurate dimensions and calculaƟons required—ViolaƟon: In measuring lot dimensions and other requirements set forth in this Ɵtle, it shall be the responsibility of the property owner or authorized agent to provide accurate dimensions and calculaƟons, and no person shall submit inaccurate dimensions or calculaƟons. The submission of inaccurate dimensions which result in a lot or structure not complying with the requirements set forth in this Ɵtle shall consƟtute a violaƟon of this Ɵtle, and any permits or approvals granted thereunder shall be void. (Ord. 822 §1, 1989) C. Minimum lot area: No lot shall be created with an area less than the minimum required, nor shall any exisƟng lot be reduced in area to less than the minimum required in the zone in which such lot is located. (Ord. 822 §1, 1989)
D. PermiƩed encroachments: The following projecƟons may extend not more than four feet into a required side yard; provided, however, that the projecƟons shall not in any event be closer than three feet to any rear or side property line:
1. Cornices, eaves, belt courses, sills, buƩresses or other similar architectural features
2. Fireplace structure not wider than eight feet, measured in the general direcƟon of the wall of which it is a part
3. Stairways, balconies and fire escapes, provided that balconies may extend three feet into the required front setback when above the ground floor
4. Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front and side yard
5. Planter boxes or masonry planters not exceeding forty-two inches in height
6. Guard railings around ramps not exceeding forty-two inches in height
7. A porte cochere over a driveway in a side yard, provided such structure is not more than one story and is enƟrely open on at least three sides, except for the necessary supporƟng columns and customary architectural features, and is a minimum of thirty-six inches from the side property line. (Ord. 822 §1, 1989)
E. Distance between buildings: In the residenƟal zones, all buildings or structures hereaŌer designed or erected, and all exisƟng buildings hereaŌer altered shall have a minimum distance of six feet between main buildings or between main buildings and accessory buildings unless a greater distance is required by any other applicable code or regulaƟon. (Ord. 963 §31, 1995; Ord. 822 §1, 1989) F. Distance between buildings—PermiƩed encroachments: The following projecƟons may extend into the required open space between buildings:
1. Cornices, eaves, belt courses, sills, buƩresses, or similar architectural features may extend no more than two feet into the required distance.
2. Fireplace structures not wider than eight feet measured in the general direcƟon of the wall of which it is a part may extend not more than two feet into the required distance.
3. Stairways and fire escapes.
4. Uncovered porches which do not extend above the floor level on the first floor.
5. Balconies may extend not more than three feet into the required distance.
6. PlanƟng boxes or masonry planters and similar features.
7. Guard railings around ramps. (Ord. 822 §1, 1989)
G. Required yards—Not transferable: No yard or other open space required around a use or structure for the purpose of complying with the provisions of this Ɵtle shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot. (Ord. 822 §1, 1989) H. Measurement of building area: The area of a building shall be measured from plans submiƩed by the property owner or authorized agent. In the case of an exisƟng building, measurement may be made on the site. The area of a building shall be measured to include the total floor area within the exterior walls of the structure, except that garages, porte cocheres, porches, decks, paƟos, breezeways and similar elements shall not be included in measuring the area of a building. (Ord. 822 §1, 1989) I. Visibility: All corner lots subject to yard requirements shall be maintained for safety vision purposes, a triangular area at the street intersecƟon corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fiŌeen feet along the front and
side lot lines from their point of intersecƟon, or in case of a rounded lot corner, from the point of intersecƟon of the extension of said lot lines. Within such triangular area, no tree, fence, shrub or other physical obstrucƟon higher than forty-two inches above the established curb grade shall be permiƩed.
This secƟon shall not be deemed to set aside or reduce the requirements established for security fencing either by local, state, or federal law or by safety requirements of the board of educaƟon. (Ord. 822 §1, 1989)
J. Swimming pools—LocaƟon: A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. (Ord. 822 §1, 1989) K. Swimming pools—Enclosure: Swimming pools shall be enclosed and secured as required by the city’s Building Code. All required fencing and security devices must be in place and approved before any water is put into the pool. (Ord. 963 §32, 1995; Ord. 822 §1, 1989) L. Height measurement of fences and walls: The height of a fence or wall shall be measured at the highest finished grade within three feet of either side of the wall or fence. In order to allow for variaƟons in topography, the height of said wall or fence may vary an amount not to exceed six inches from the maximum permiƩed height contained in the regulaƟons of the zone district in which the site is located. (Ord. 822 §1, 1989)
M. Government excepƟon: The provisions of this Ɵtle shall not apply to a fence or wall required by regulaƟon for security fencing of any use by any local, state, or federal law, or other governing agency. (Ord. 822 §1, 1989)
N. ConstrucƟon and alteraƟon subject to design standards: No building permit shall be issued for construcƟon or alteraƟons in the commercial, manufacturing and commercial manufacturing zones which meet the following criteria unless the director of planning or designee determines that the construcƟon or alteraƟon authorized by that building permit conforms to the design guidelines adopted by resoluƟon of the city council:
1. ConstrucƟon of a building with a gross floor area greater than five thousand square feet; or
2. ConstrucƟon of an addiƟon of at least five hundred square feet to an exisƟng building so that the combined gross floor area of the exisƟng building and the addiƟon exceeds five thousand square feet; or
3. Structural alteraƟons of more than fiŌy percent of the exterior walls of an exisƟng building. (Ord. 964 §12, 1995)
17.03.200 Enforcement.
A. Intent and purpose: The purpose of this chapter is to define and clarify the powers of the city to enforce the provisions of the zoning ordinance. It is also the purpose of this chapter to define violaƟons of the ordinance and to prescribe penalƟes and remedies for such violaƟons. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Applicability: The provisions of this chapter are applicable not only to private persons, agencies, and organizaƟons, but also to all public agencies and organizaƟons to the full extent that they may be enforceable in connecƟon with the acƟviƟes of any such public agency or organizaƟons. Where specific
chapters of this Ɵtle include language concerning violaƟons, penalƟes and remedies, the provisions of those chapters shall apply. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Issuance of licenses and permits: No license or permit for a use, building, or purpose where the issuance of such license or permit would be in conflict with the Zoning Ordinance shall be issued. All departments, officials or other employees of the city vested with the authority to issue licenses or permits shall not issue such permits or licenses which would not be in conformity with the provisions of the zoning ordinance. Any license or permit so issued shall be null and void. (Ord. 963 §§39, 43, 1995; Ord. 822 §1, 1989)
D. PenalƟes: Any firm, corporaƟon, person or persons violaƟng any of the provisions of this Ɵtle shall be deemed guilty of a misdemeanor and upon convicƟon thereof shall be punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months or both such fine and imprisonment at the discreƟon of the court. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989) E. Each day a separate violaƟon: Each person, or persons violaƟng any of the provisions of this Ɵtle shall be deemed guilty of a separate offense for every day during which any violaƟon of any provision of the zoning Ɵtle is commiƩed, or conƟnued by such persons, firms or corporaƟon and shall be punishable as provided in this chapter. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989
17.03.210 Catering vehicle as a condiƟonally permiƩed accessory use to a restaurant.
A. Purpose: The purpose of this secƟon is to condiƟonally permit catering vehicles as an accessory use in conjuncƟon with full-service restaurants. The development standards set forth herein are designed to ensure that any proposed accessory use will be compaƟble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) B. Retail sales of food from a catering vehicle: The owner or operator of a full-service restaurant may apply for a condiƟonal use permit pursuant to SecƟon 17.03.060 to sell and serve food from a catering vehicle as an accessory use in conjuncƟon with that restaurant. The city may impose reasonable condiƟons to ensure that the proposed use will be compaƟble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) C. ApplicaƟon requirements: As part of the applicaƟon, the applicant must provide evidence establishing:
1. Permission to Operate. Ownership of the property upon which the restaurant is located or that the property owner has granted permission to allow the vehicle to be parked on the property for the purpose of conducƟng sales and service of food therefrom.
2. Restaurant Has All Necessary Permits. The restaurant has received all necessary permits.
3. Licensing Requirements. The applicant has complied with the licensing requirements for the vehicle set forth in SecƟon 5.08.060(i) through (iv).
4. CompaƟbility with Surrounding Uses and Property. The proposed accessory use will be compaƟble with uses and property in the vicinity and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007)
D. Development and operaƟonal standards: In addiƟon to saƟsfying the criteria set forth in SecƟon
17.03.060 and state law governing condiƟonal uses, the applicant must comply with the following:
1. LocaƟon Criteria. The catering vehicle shall park in the area designated for parking for the restaurant. The catering vehicles shall not, at any Ɵme, block access to or from the parking lot or park in an area used for landscaping or walkway surfaces.
2. OperaƟonal Standards. The operator shall comply with the following standards:
a. No flashing lights or temporary signage is permiƩed on the vehicle or in the parking area. b. No table or seaƟng is permiƩed in the parking area.
c. Outdoor speakers or music are prohibited.
d. The restaurant’s restroom faciliƟes must be open to employees and patrons at all Ɵmes when the catering vehicle is open for business.
e. The operator shall provide trash receptacles within ten feet of the vehicle at all Ɵmes the vehicle is open for business.
f. The vehicle may only be open for business between the hours of six p.m. and two a.m. each day.
g. The parking area shall be clean at all Ɵmes. During the hours that the catering vehicle is not open for business, the vehicle must be removed from the site or parked in an area where the vehicle is not visible from the street.
h. The vehicle must contain a cash register to record all sales. The operator must maintain register receipts for each month of the year.
i. There shall be no sale or service of alcoholic beverages from the vehicle. Signs shall be posted indicaƟng no consumpƟon of alcohol or loitering in the parking area. j. The vendor shall maintain the parking area in a neat and orderly condiƟon, and collect and dispose in a sanitary manner all debris, garbage, papers, trash, discarded food and liƩer generated by the vehicle. (Ord. 1094 §1, 2007)
17.03.220 Electric vehicle charging systems.
A. Purpose: The purpose of this secƟon is to promote and encourage the use of electric vehicles by creaƟng an expedited, streamlined permiƫng process for electric vehicle charging staƟons while promoƟng public health and safety and prevenƟng specific adverse impacts in the installaƟon and use of such charging staƟons.
B. Applicability: This secƟon applies to the permiƫng of all electric vehicle charging systems in the City.
Electric vehicle charging systems legally established or permiƩed prior to the effecƟve date of this secƟon are not subject to the requirements of this secƟon unless physical modificaƟons or alteraƟons are undertaken that materially change the size, type, or components of an electric vehicle charging
system in such a way as to require new permiƫng. RouƟne operaƟon and maintenance or like-kind replacements shall not require a permit.
C. Electric Vehicle Charging System Requirements:
1. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of AutomoƟve Engineers, the NaƟonal Electrical Manufacturers AssociaƟon, and accredited tesƟng laboratories such as Underwriters Laboratories, and rules of the Public UƟliƟes Commission regarding safety and reliability.
2. All electric vehicle charging staƟons shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and uƟlity director, the California Building Code, City of South El Monte Municipal Code, and Federal laws including the Americans with DisabiliƟes Act.
3. InstallaƟon of electric vehicle charging staƟons shall be incorporated into the load calculaƟons of all new or exisƟng electrical services and shall meet the requirements of the California Electrical Code.
Electric vehicle charging equipment shall be considered a conƟnuous load.
4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging staƟons shall meet the requirements of the California Building or ResidenƟal Code as applicable per occupancy, and the provisions of the manufacturer's installaƟon instrucƟons. MounƟng of charging staƟons shall not adversely affect building elements.
D. DuƟes of the City’s Chief Building Official:
1. All documents required for submission of an electric vehicle charging system applicaƟon shall be made publicly available on the City's website.
2. The chief building official shall allow the electronic submiƩal of the electric vehicle charging staƟon applicaƟon.
a. An applicant's electronic signature shall be accepted on all forms, applicaƟons, and other documents in lieu of a wet signature.
3. By resoluƟon, the City Council shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.
4. The electric vehicle charging system permit process and checklist shall substanƟally conform to recommendaƟons contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permiƫng Checklist contained in the Zero-Emission Vehicles in California:
Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.
Table 17.03.220-A Development Standards for Plug-In Electric Vehicle Charging Standard Requirement
Garages
serving a new
single-family
residence
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.
Garages
serving each
unit of a duplex
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.
Garages
serving new
multifamily –
10 units or less
All required parking spaces shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide EVCSs at such time as it is needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state and federal requirements.
Garages
serving new
multifamily –
10 units or
more
10% of the total parking spaces required (all of the 10% shall be located within the required covered parking) shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official. Of the total listed cabinets, boxes or enclosures provided, 50% shall have the necessary electric vehicle supply equipment installed to provide active EVCSs ready for use by residents. The remainder shall be installed at such time as they are needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state requirements.
Parking serving
new
commercial,
industrial or
other uses
New commercial, industrial and other uses with the building or land area, capacity or numbers of employees listed herein shall provide the electrical service capacity necessary and all conduits and related equipment necessary to ultimately serve 2% of the total parking spaces with EVCSs in a manner approved by the building and safety official. Of these parking spaces, 1/2 shall initially be provided with the equipment necessary to function as online EVCSs upon completion of the project.
The remainder shall be installed at such time as they are needed for use by customers, employees or other users. EVCSs shall be provided in disabled person parking spaces in accordance with state and federal requirements. Construction of a hospital of 500 or more beds, or expansion of a hospital of that size by 20% or more.
Construction of a postsecondary school (college), public or private, for 3,000 or more students, or expansion of an existing facility having a capacity of 3,000 or more students by an addition of at least 20%.
Hotels or motels with 500 or more rooms. d. Industrial, manufacturing or processing plants or industrial parks that employ more than 1,000 persons, occupy more than 40 acres of land or contain more than 650,000 square feet of gross floor area.
Office buildings or office parks that employ more than 1,000 persons or contain more than 250,000 square feet of gross floor area.
Shopping centers or trade centers that employ 1,000 or more persons or contain 500,000 square feet of gross floor area.
Sports, entertainment or recreation facilities that accommodate at least 4,000 persons per performance or that contain 1,500 or more fixed seats. Transit projects (including but not limited to transit stations and park and ride lots).
E. Permit Review Requirements:
1. The Building Official shall implement an administraƟve review process to expedite approval of electric vehicle charging staƟons. Review of a complete permit applicaƟon shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulaƟons necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installaƟon.
For direct current fast chargers (DCFC), the review of a complete permit applicaƟon will be a fiŌeen business day Ɵmeline.
2. A permit applicaƟon that saƟsfies the informaƟon requirements in the checklist, as adopted by the City, shall be deemed complete.
3. A complete permit applicaƟon and proposed installaƟon that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.
4. An applicant that provides an incomplete permit applicaƟon shall be provided with a wriƩen correcƟon noƟce detailing all deficiencies in the applicaƟon and any informaƟon required to be eligible for expedited permit issuance.
5. The Building Official may require an applicant to apply for a condiƟonal use permit if the official makes a wriƩen finding, based on substanƟal evidence, that the proposed electric vehicle charging staƟon could have a specific, adverse impact upon the public health or safety and condiƟons are necessary. The decision of the Building Official may be appealed to the City Planning Commission.
6. The Director may not deny an applicaƟon for a condiƟonal use permit unless wriƩen findings are made based upon substanƟal evidence in the record that the proposed installaƟon would have a specific, adverse impact upon the public health or safety, and there is no feasible method to saƟsfactorily miƟgate or avoid the specific, adverse impact. The Director's wriƩen findings shall include the basis for the rejecƟon of potenƟal feasible alternaƟves or condiƟons for prevenƟng the adverse impact. The decision of the Director may be appealed to the City Planning Commission.
7. Any condiƟons imposed on an applicaƟon shall be designed to miƟgate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code SecƟon 65850.7 requires that the Building Official shall not condiƟon the approval for any condiƟonal use permit on the approval of such a system by an associaƟon, as that term is defined by Civil Code 4080.
8. A feasible method to saƟsfactorily miƟgate or avoid the specific, adverse impact includes, but is not limited to, any cost-effecƟve method, condiƟon, or miƟgaƟon imposed by the City on another similarly situated applicaƟon in a prior successful applicaƟon for a permit.
17.03.230 Massage establishments.
A. LocaƟon criteria: A massage establishment may be located in any zone district which permits that parƟcular use subject to the following excepƟons and qualificaƟons:
1. A massage establishment shall not be established or located within five hundred feet of any exisƟng massage establishment. The distance between any two massage establishments shall be
measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each establishment.
2. A massage establishment may not open or operate in a locaƟon where that establishment or a prior massage establishment was closed due to criminal acƟvity, had its condiƟonal use permit revoked, or had a massage establishment permit revoked any Ɵme within the past three years. (Ord. 1195 §14, 2015)
B. CondiƟon use permit required: A condiƟonal use permit shall be required for the establishment of any massage establishment. The following provisions shall govern the issuance of condiƟonal use permits for massage establishments:
1. ApplicaƟons for condiƟonal use permits under this secƟon shall be subject to the procedures and requirements of SecƟon 17.03.060.
2. In considering applicaƟons for massage establishments, the planning commission shall be guided by the provisions of SecƟon 17.03.060 and this secƟon. However, in the event of any inconsistency in said standards, the provisions of this secƟon shall govern.
3. In granƟng a condiƟonal use permit, the planning commission may impose condiƟons if the planning commission determines such condiƟons are necessary to minimize any adverse effect of the proposed use on properƟes and uses in the area and the rest of the city.
4. A massage establishment shall not operate under any name or conduct business under any designaƟon not specified in the applicaƟon for the condiƟonal use permit, which shall be idenƟcal as the name listed in the applicaƟons for the city business license and massage establishment permit.
5. Any informaƟon of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be cerƟfied by a licensed professional engineer.
6. An applicant for a condiƟonal use permit shall submit the informaƟon described in this secƟon and a non-refundable fee as established in the city’s schedule of fees by resoluƟon of the city council to reimburse the city for the costs of reviewing the applicaƟon.
7. In addiƟon to any informaƟon required for applicaƟons for a city business license pursuant to Title 5 of this Code, a massage establishment permit pursuant to Chapter 5.22 of this Code, and condiƟonal use permits pursuant SecƟon 17.03.060 of this Code, an applicant for a condiƟonal use permit for a massage establishment shall submit the following informaƟon:
a. A legal descripƟon of the parcel.
b. Proof of legal Ɵtle or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.
c. If the massage establishment has a leasehold interest in the real property, a cerƟfied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
d. A scaled site plan.
e. A descripƟon of all physical changes proposed to the property, whether permanent or impermanent, both inside and outside of the building.
f. The separaƟon distance from other exisƟng massage establishments shall be shown on an updated site plan or map.
g. A descripƟon of compliance with all facility requirements in Chapter 5.22 of this Code. h. In addiƟon to any standards for consideraƟon of condiƟonal use permit applicaƟons pursuant to SecƟon 17.03.060 of this Code, the planning commission shall consider the following factors in determining whether to issue a condiƟonal use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission determines that the goals of this secƟon are beƩer served thereby. i. No massage establishment shall be sited in a locaƟon where the applicant cannot produce proof of legal Ɵtle or a possessory or leasehold interest in that real property and a cerƟfied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
j. No massage establishment shall be sited within five hundred feet of an exisƟng or otherwise approved massage establishment.
k. No massage establishment shall be sited in a zone where it is not permiƩed. l. No massage establishment shall violate any provision regarding facility requirements within Chapter 5.22 of this Code. (Ord. 1195 §14, 2015)
C. AmorƟzaƟon and regulaƟon of nonconforming massage establishments:
1. Any use of real property exisƟng on April 1, 2015, which does not conform to the provisions of this secƟon, but which was constructed, operated and maintained in compliance with all previous regulaƟons prior to March 11, 2014, shall be regarded as a nonconforming use.
2. Any nonconforming use pursuant to this secƟon may conƟnue in operaƟon unƟl June 30, 2017, provided that use and its facility is in compliance with all other laws, except the use restricƟons in the zoning ordinance; the use is not extended, enlarged, moved or altered so as to occupy land outside the current structure(s); and the use is not disconƟnued or abandoned for a conƟnuous period of one hundred eighty days or more.
3. Any nonconforming use pursuant to this secƟon may apply for a condiƟonal use permit pursuant to SecƟon 17.03.230 B. In the event the city grants the condiƟonal use permit, such use shall be considered to be a conforming use.
4. The city manager may approve an extension of Ɵme unƟl terminaƟon pursuant to SecƟon
17.03.230 D. (Ord. 1195 §14, 2015)
D. Extension of Ɵme for terminaƟon of nonconforming use: The owner or operator of a nonconforming use as described in SecƟon 17.03.230 C may apply under the provisions of this secƟon to the city manager for an extension of Ɵme within which to terminate the nonconforming use, as follows:
1. The owner of the real property upon which such use operated or the operator of the use may file an applicaƟon for an extension of Ɵme within which to terminate a use made nonconforming by the provisions of this secƟon. Such applicaƟon must be filed with the city manager at least sixty days but no more than ninety days prior to the expiraƟon of the Ɵme established in SecƟon
17.03.230 B for terminaƟon of such use.
2. The applicaƟon shall state the grounds for requesƟng an extension of Ɵme. The filing fee for such applicaƟon shall be the same as that for a variance as is set forth in the city’s schedule of fees established by resoluƟon from Ɵme to Ɵme by the city council. An applicaƟon which fails to state a basis upon which an extension may be granted, as set forth in subsecƟon D of this secƟon, shall be returned to the applicant as nonresponsive, together with the applicaƟon fee less any administraƟve costs of processing the applicaƟon.
3. The city manager shall appoint a hearing officer to hear the applicaƟon. The hearing officer shall set the maƩer for hearing within twenty days of receipt of the applicaƟon. All parƟes involved: shall have the right to offer tesƟmonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admiƩed. Any hearing under this secƟon may be conƟnued for a reasonable Ɵme for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure SecƟon 1094.6.
4. An extension under the provisions of this secƟon shall be for a reasonable period of Ɵme commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
a. The applicant has made a substanƟal investment (including, but not limited to, lease obligaƟons) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made before April 1, 2015;
b. The applicant will be unable to recoup said investment as of the date established for terminaƟon of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a locaƟon in conformance with SecƟon 17.03.230 C. (Ord. 1195 §14, 2015)
Title 17
ZONING
Chapters:
17.01 GENERAL PROVISIONS
17.02 DEFINITIONS
17.03 PERMIT APPROVAL PROCEDURES
17.04 ZONING MAP
17.05 RESIDENTIAL ZONES – STANDARDS AND USES
17.06 COMMERCIAL ZONES – STANDARDS AND USES
17.07 MIXED-USE ZONES – STANDARDS AND USES
17.08 PUBLIC FACILITIES ZONES – STANDARDS AND
USES
17.09 INDUSTRIAL ZONES – STANDARDS AND USES
17.10 OVERLAY ZONES – STANDARDS AND USES
17.11 SPECIAL USES – STANDARDS AND USES
17.12 ACCESSORY DWELLING UNITS
17.13 DENSITY BONUS
17.14 OBJECTIVE DESIGN STANDARDS
17.15 ADVERTISING SIGNS
17.16 OFF-STREET PARKING AND LOADING
Chapter 17.04
ZONING MAP
Sections
17.04.010 Zoning Map.
17.04.020 Zone districts established.
17.04.030 Official zoning map.
17.04.040 Revision to, and amendment of the official zoning map.
17.04.050 Interpretation of the official zoning map.
17.04.010 Zoning Map.
17.04.020 Zone districts established.
In order to carry out the purpose and provisions of this Ɵtle, the city is divided into the following zone districts:
A. Single-Family ResidenƟal Zone (R-1) (Ch. 17.05);
B. MulƟple-ResidenƟal Zone (R-2) (Ch. 17.05);
C. MulƟple-ResidenƟal Zone (R-3) (Ch. 17.05;
D. Commercial Zone (C) (Ch. 17.06);
E. Commercial-ResidenƟal Zone (C-R) (Ch. 17.07);
F. Commercial-Manufacturing Zone (C-M) (Ch. 17.09);
G. Manufacturing Zone (M) (Ch. 17.09);
H. Public FaciliƟes Zone (P-F) (Ch. 17.08).
17.04.030 Official zoning map.
The locaƟon and boundaries of the zone districts established by SecƟon 17.04.020 are set forth on the official zoning map of the city and which map, with all locaƟons, references, and other informaƟon shown thereon is incorporated herein by reference. (Ord. 822 §1, 1989)
17.04.040 Revision to, and amendment of the official zoning map.
All amendments and changes to the official zoning map adopted according to the provisions of this Ɵtle shall be considered a part of these regulaƟons and of the official zoning map at the Ɵme of the effecƟve date of all changes and amendments. The city council may, from Ɵme to Ɵme, order revision of the official zoning map so as to include all changes to date. No changes shall be made to the map which have not been officially adopted according to the provisions of this Ɵtle. The revised map shall become the official zoning map of the city and shall replace the preceding map. (Ord. 822 §1, 1989)
17.04.050 InterpretaƟon of the official zoning map.
Where uncertainƟes exist as to the boundaries of any zone district indicated on the official zoning map, the following shall apply:
A. Street, alley, railroad right-of-way, water channel, or other right-of-way indicated on the official zoning map shall be included within the zone district of the adjoining property.
B. Where a street, alley, railroad right-of-way, water channel, or other right-of-way serves as a boundary between two or more zone districts, the centerline of the right-of-way or water channel shall be considered the zone district boundary.
C. Where uncertainty sƟll exists, the planning commission shall, by wriƩen resoluƟon, determine the locaƟon of the zone district boundary.
D. In the event that a vacated street, alley or other right-of-way has been the boundary between two or more zone districts prior to its vacaƟon, the new zone district boundary shall be at the new property line. Where the vacaƟon does not involve the establishment of a new property line, the new zone district boundary shall be fixed by wriƩen resoluƟon of the planning commission. (Ord. 822 §1, 1989)
Title 17
ZONING
Chapters:
17.01 GENERAL PROVISIONS
17.02 DEFINITIONS
17.03 PERMIT APPROVAL PROCEDURES
17.04 ZONING MAP
17.05 RESIDENTIAL ZONES – STANDARDS AND USES
17.06 COMMERCIAL ZONES – STANDARDS AND USES
17.07 MIXED-USE ZONES – STANDARDS AND USES
17.08 PUBLIC FACILITIES ZONES – STANDARDS AND
USES
17.09 INDUSTRIAL ZONES – STANDARDS AND USES
17.10 OVERLAY ZONES – STANDARDS AND USES
17.11 SPECIAL USES – STANDARDS AND USES
17.12 ACCESSORY DWELLING UNITS
17.13 DENSITY BONUS
17.14 OBJECTIVE DESIGN STANDARDS
17.15 ADVERTISING SIGNS
17.16 OFF-STREET PARKING AND LOADING
Chapter 17.05
RESIDENTIAL ZONES – STANDARDS AND USES
Sections
17.05.010 Intent and purpose.
17.05.020 Uses.
17.05.030 Property development standards.
17.05.040 Minimum yard requirements.
17.05.050 Open space requirements.
17.05.060 Electronic gates.
17.05.070 Landscaping.
17.05.080 Fences, walls, and hedges.
17.05.090 Parking requirements.
17.05.100 Access.
17.05.110 Pedestrian safety.
17.05.120 Miscellaneous standards (Multiple-Residential Zone (R-3) only).
17.05.010 Intent and purpose.
A. Single-Family Residential Zone (R-1): The single-family residential zone (R-1) is designed to provide for conservation and development of stable, attractive single-family residential neighborhoods, protected from encroachment by uses which may be detrimental to the enjoyment of property rights. (Ord. 822 §1, 1989)
B. Multiple-Residential Zone (R-2): The multiple-residential zone (R-2) is designed to permit multiple development on existing smaller lots which are not suitable for more intensive multiple residential development. These regulations will permit better utilization of properties while retaining the lowdensity single-family appearance of the areas. (Ord. 822 §1, 1989) C. Multiple-Residential Zone (R-3): The multiple-residential zone (R-3) is designed to provide areas throughout the city in which a range of multiple residential development can be located and protected from encroachment by incompatible uses. (Ord. 822 §1, 1989)
17.05.020 Uses.
No building or structure shall be erected, reconstructed or structurally altered or enlarged nor shall any building, structure or land be used for any purpose except as allowed by this chapter. (Ord. 822 §1, 1989) Table 17.05.020-A Permitted Uses
Zone
Use Single-Family
Residential Zone (R1)
MultipleResidential
Zone (R-2)
MultipleResidential
Zone (R-3)
One additional single family dwelling
(provided the lot contains a minimum of
10,000 sqft of lot area and provided that
P X X
all setbacks, lot coverage limitations and
parking requirements can be met)
Agricultural uses X X X
Boarding or roominghouses (10 guests or
fewer)
C C C
Places of Worship X X X
Commercial Uses X (except as
permitted within
this table)
X (except as
permitted
within this
table)
X (except as
permitted
within this
table)
Community care facilities (6 persons or
fewer)
P P P
Community care facilities (7 persons or
more)
P P P
Conversion of a garage into any other use
except ADUs as permitted by state law
(unless a replacement garage in on site)
X X X
Duplexes P P P
Emergency shelters, transitional and
supportive housing
P P P
Ground-mounted satellite antennae –
accessory building/use
P P P
Home Occupation P P P
Large day care facilities (14 children or
fewer)
C C C
Metal buildings X X X
Mobile Home and trailer as part of an
approved mobile home/trailer park
(legally est. before January 01, 1980)
P P P
Mobile home parks X C C
Multiple-family dwellings (3 units or
more)
X P P
Off site signs (such as billboards) X X X
On site signs P P P
Patios – accessory building/use P P P
Private garages – accessory building/use P P P
Private swimming pools – accessory
building/use
P P P
Recreation rooms – accessory
building/use
P P P
Schools (public or private) X X X
Second units (pursuant to the
requirements spelled out in this Chapter
17.05)
P P P
Senior citizen developments C C C
Single-family dwellings P P P
Small day care facilities (for the care of 8
or fewer children)
P P P
Supportive housing P P P
Triplexes X P P
Vegetable and flower gardens P P P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
A = Permitted as an Ancillary Use
X = Prohibited Use
17.05.030 Property development standards.
A. Property Development Standards for Single Family Residential Zone (R-1) – Generally: Development standards for the R-1 zone can be found below in 17.05.030-A; large day care facilities and second units shall be subject to the additional development standards contained in Chapters 17.03, 17.10,
17.11, 17.12, 17.13 and 17.14, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-1 zone district regulations. (Ord. 822 §1, 1989) B. Property Development Standards for Multiple-Residential Zone (R-2) – Generally: Development standards for the R-2 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to development standards of the R-1 zone, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-2 zone district regulations. (Ord. 822 §1, 1989) C. Property Development Standards for Multiple-Residential Zone (R-3) – Generally: Development standards for the R-3 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to standards of the R-1 zone and townhouses and condominiums to the provisions of Section
17.11.130, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-3 zone district regulations. (Ord. 822 §1, 1989)
Table 17.05.030-A Development Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone
(R-1)
MultipleResidential Zone
(R-2)
MultipleResidential Zone
(R-3)
Low density 1 to 8 du per acre N/A N/A
Medium density Prohibited 9 to 12 du per
acre
16 du per acre
Minimum lot area 5000 sqft 5000 sqft 11000 sqft
Minimum lot area per dwelling unit (du)
(single family)
5000 sqft (a second
unit does not
constitute a
dwelling unit)
5000 sqft (a
second unit does
not constitute a
dwelling unit)
5000 sqft (a second
unit does not
constitute a
dwelling unit)
Minimum lot area per dwelling unit (du)
(2- and 3-family dwellings)
Prohibited 3500 sqft 3500 sqft
Minimum lot area per dwelling unit (du)
(multi-family)
Prohibited Prohibited 2750 sqft
Minimum lot width (non-cul-de-sac) 50 ft 50 ft 75 ft
Minimum lot width (cul-de-sac) 30 ft at the front of
the property
50 ft at the rear of
the front setback
30 ft at the front
of the property
50 ft at the rear
of the front
setback
40 ft at front of the
property
75 ft at the rer of
the front set-back
Maximum lot coverage 52% 61% 61%
Minimum lot depth None 100 ft 100 ft
Maximum building height 2 stories or 28 ft
(whichever is less)
3 stories or 30 ft
(whichever is
less)
3 stories or 35 ft
(whichever is less)
Minimum distance between main
buildings
None specified 15 ft 15 ft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Single-family dwellings)
950 sqft 950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(duplexes)
Duplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(triplexes)
Triplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Detached second units)
500-640 sqft 150-640 sqft 150-640 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Attached second units)
Maximum : 15% of
gross floor area of
attached residence
Minimum : 150
sqft
Maximum : 15%
of gross floor
area of attached
residence or 200
sqft if residence <
1335 sqft
Minimum : 150 sqft
Maximum : 15% of
gross floor area of
attached residence
or 200 sqft if
residence < 1335
sqft
Refuse enclosures provision None specified Must be
provided when 2
or more units
located on site
Must be sufficient
refuse enclosures
provided to serve
each development
Refuse enclosure dimensions None specified 5 ft x 7 ft
Shall be
completely
5 ft x 7 ft
enclosed by
gates but not by
a roof
Shall be completely
enclosed by gates
but not by a roof
Refuse enclosure materials None specified None specified Wood, masonry, block or a
combination of
such materials
17.05.040 Minimum yard requirements.
Table 17.05.040-A Minimum Yard Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone (R1)
MultipleResidential Zone
(R-2)
MultipleResidential
Zone (R-3)
Front yard 20 ft 15 ft 15 ft
Side yard (interior or key lot) 5 ft on each side 5 ft on each side 5 ft on each side Side yard (corner or reversed corner lot) 10 ft on the street side
5 ft on the interior
side
10 ft on the
street side
5 ft on the
interior side
10 ft on the
street side
5 ft on the
interior side
Rear yard 15 ft 15 ft 15 ft
Through lot – setbacks on street frontage Equal to required yard depth
Equal to required
yard depth
Equal to
required yard
depth
Legally existing substandard widths and
depths
Side and rear yards
of not less than ten
or fifteen percent of
the required width
or depth,
respectively, shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent of
the required
width or depth,
respectively,
shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent
of the required
width or depth,
respectively,
shall be
maintained
17.05.050 Open space requirements – mulƟple dwellings.
A. Multiple Residential Zone (R-3): A minimum of four hundred square feet of ground level common open space per dwelling unit shall be provided for all multiple dwellings. This required area may be incorporated in landscaping or recreation areas for use by all residents, except that any multiple residential development of five or more units shall include in its design a formal outdoor recreation area for residents which shall include not less than fifty percent of the required open space. The planning commission shall have the authority to modify the percentage of formal recreational space based on the quality of the design submitted and the amenities provided. (Ord. 822 §1, 1989)
1. Open space shall consist of one (1) or more of the following amenities:
a. Playgrounds, play equipment, and/or tot lots;
b. Recreational facilities – fountains, sculptures, etc.; c. Tennis courts, basketball courts, and similar sports courts; d. Recreational building(s)/room(s);
e. Game areas;
f. Picnic/barbecue areas; and
g. Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
2. The remaining required usable open space may be fulfilled by providing one (1) or more of the following amenities:
a. Landscaping;
b. Gardens;
c. Benches; and
d. Secondary walkways or walks.
17.05.060 Electronic gates.
The provisions of Section 17.05.060 notwithstanding, a minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade. (Ord. 822 §1, 1989)
17.05.070 Landscaping.
All areas not used for buildings, structures, patios, parking or pedestrian walks shall be landscaped with ground cover or other low-water plantings. If an irrigation system is installed (such as sprinklers, bubblers, or diffuser heads) it shall be designed with water conservation in mind. For units in Single-Family Residential Zone R-1, hose bibs not over fifty feet from any portion of the planted area shall be provided. (Ord. 822 §1, 1989). For units in Multiple-Residential Zones R-2 or R-3, one hose bib for each three automobile parking spaces shall be provided. (Ord. 822 §1, 1989) A. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios.
B. Front and Street Side Yards – Maximum Paving (Hardscape).
1. For properties with a width of sixty feet (60ʹ) or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed forty percent (40%) of the area within the total front setback or street side setback.
2. For properties that are less than sixty feet (60ʹ) wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty percent (50%) of the total front setback or street side setback.
17.05.080 Fences, walls, and hedges.
Single-Family Residential Zone (R-1)
A. Fences, walls and hedges shall be permitted in a required front yard setback provided that no sight obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased in height to six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design is approved by the director of planning and community development. Fences and walls located to the rear of the front setback and along the side and rear property line shall not exceed six feet in height, except that fences, hedges and walls located adjacent to a freeway right-of-way shall not exceed ten feet in height; provided, that any height increase exceeding six feet will require a building permit.
B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A).
Figure 17.05.080-A Fences, Hedges and Walls—Corner or Reverse Corner Lot (Ord. 822 §1, 1989)
Multiple-Residential Zone (R-2)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not
exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.
B. Corner or Reversed Corner Lots. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989)
Multiple-Residential Zone (R-3)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other see through materials and the design is approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.
B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989)
17.05.090 Parking requirements.
For each single-family, duplex, or triplex dwelling unit, not including second units, there shall be provided two parking spaces contained within an enclosed garage. See Chapter 17.16 for parking standards.
A. For each single-family dwelling, there shall be provided two covered parking spaces located within an enclosed garage. Each parking space shall be a minimum of ten feet by twenty feet.
B. Second Units. See Chapter 17.12 of this title.
C. Large Day Care Facilities. See Chapter 17.11 of this title.
D. Parking on Unpaved Areas. No parking, whether the provision of required spaces or other parking, shall be permitted on unpaved areas in the front setback or in the side yard of a corner or reversed corner lot except on an approved, paved driveway which leads to a garage, carport or approved parking area. (Ord. 822 §1, 1989)
17.05.110 Access.
A. No building permit shall be issued for any lot or parcel of land unless said lot or parcel has frontage on a dedicated and improved public street or on a private street conforming to street standards established by the city. (Ord. 822 §1, 1989)
1. Driveways to required garages having a setback from the street property line greater than forty feet (40ʹ) shall have a minimum width of ten feet (10ʹ) and a maximum width of twelve feet (12ʹ) in the front or street side setback area. Driveways located outside of the setback area, shall be a minimum of ten feet (10ʹ) wide.
2. Where required garage spaces are equal to or less than forty feet (40ʹ) to the property line, the maximum width of a driveway shall not exceed eighteen feet (18ʹ) or two feet (2ʹ) wider than the opening of the garage door, whichever is greater, but in no event shall the maximum width exceed thirty feet (30ʹ) at the front property line.
3. A driveway that serves as required access to a garage, in which the garage door is not parallel to the front property line, or side property line in the case of a corner lot, shall not exceed twelve feet (12ʹ) in width at the property line, provide a maximum turn radius of twelve feet (12ʹ), and a minimum twenty-four foot (24ʹ) back up (see Figure 17.05.110).
Figure 17.05.110-A Access to garage
B. A back up triangle on the garage side closest to the residence shall be required as depicted in Figure 17.05.110-B. The sight area shall be free from visual and physical obstructions.
Figure 17.05.110-B Back-up Triangle
C. When a driveway and walkway are parallel to each other, there shall be a minimum two foot (2ʹ) separation between the driveway and walkway. Said separation shall be landscaped with a combination of mulch, plants, shrubs, (no rock, pebbles, decomposed granite or similar material).
17.05.110 Pedestrian Safety
A. Multiple-Residential Zone (R-3): Each driveway serving a multiple dwelling building or complex shall contain not less than two strips of bomanite or comparable material to provide warning of approaching or departing vehicles. The strips shall be a minimum of ten feet in depth and shall extend the full width of the driveway. One strip shall be located within six feet of the entry to the driveway, the second shall be located approximately midway in the drive. These strips shall be shown on the site plan for the development. (Ord. 822 §1, 1989)
1. The minimum required dimension of a parking space shall be ten feet (10ʹ) wide by twenty feet (20ʹ) in depth; with a two (2) car garage or carport having a minimum interior measurement of twenty feet (20ʹ) wide and twenty feet (20ʹ) in depth.
2. Access to garages, carports, or automobile parking areas required by this section which serve four (4) or less multiple dwelling units shall have an unobstructed paved driveway not less than ten feet (10ʹ) in width. Each required parking space, including garages, carports, or automobile parking areas, shall have a back up area as depicted in the figure above.
3. Access to garages, carports, or automobile parking areas required by this section which serve five (5) or more multiple dwelling units shall have an unobstructed paved driveway not less than twelve feet (12ʹ) in width for one (1) way only driveways and twenty feet (20ʹ) in width for two (2) way driveways. Each required parking space, including garages, carports, or automobile parking areas.
17.05.120 Miscellaneous standards (MulƟple-ResidenƟal Zone (R-3) only).
A. LighƟng. LighƟng designed to reduce hazards and to illuminate potenƟally unsafe areas such as walkways, passages between buildings, garage areas and parking areas and areas containing heavy or high foliage shall be installed. ConsideraƟon should be given to both elevated and ground level lighƟng and all lighƟng shall be designed to ensure that neighboring properƟes or public streets are
protected from direct or hazardous glare. The locaƟon, foot candle power and type of light fixtures shall be shown on the site plan.
B. Refuse enclosures. There shall be a refuse enclosure provided when two or more units are located on a site. This enclosure shall have minimum interior dimensions of five feet by seven feet and shall be completely enclosed, including gates, but excluding a roof. The placement and design of such enclosure shall be determined during review of the development. (Ord. 822 §1, 1989)
Title 17
ZONING
Chapters:
17.01 GENERAL PROVISIONS
17.02 DEFINITIONS
17.03 PERMIT APPROVAL PROCEDURES
17.04 ZONING MAP
17.05 RESIDENTIAL ZONES – STANDARDS AND USES
17.06 COMMERCIAL ZONES – STANDARDS AND USES
17.07 MIXED-USE ZONES – STANDARDS AND USES
17.08 PUBLIC FACILITIES ZONES – STANDARDS AND
USES
17.09 INDUSTRIAL ZONES – STANDARDS AND USES
17.10 OVERLAY ZONES – STANDARDS AND USES
17.11 SPECIAL USES – STANDARDS AND USES
17.12 ACCESSORY DWELLING UNITS
17.13 DENSITY BONUS
17.14 OBJECTIVE DESIGN STANDARDS
17.15 ADVERTISING SIGNS
17.16 OFF-STREET PARKING AND LOADING
Chapter 17.06
COMMERCIAL ZONES – STANDARDS AND USES
Sections
17.06.010 Intent and purpose.
17.06.020 Uses.
17.06.030 Residential uses.
17.06.040 Property development standards.
17.06.050 Minimum yard requirements.
17.06.060 Accessory buildings and structures.
17.06.070 Landscaping.
17.06.080 Fences, walls, and hedges.
17.06.090 Outdoor storage and operations.
17.06.100 Outdoor display of merchandise for sale.
17.06.110 Exterior lighting facilities.
17.06.120 Refuse enclosures.
17.06.130 Access.
17.06.140 Parking, loading, truck and vehicle codes and requirements.
17.06.010 Intent and purpose.
The intent and purpose of the Commercial Zone (C) is to provide areas throughout the city in which commercial facilities designed to serve a broad area with a wide range of commercial services may be located. Such zone districts will generally be located along arterial and collector streets and will buffer residential areas from traffic, noise, and pollutants. It is the objective of this chapter to achieve development which will be compatible with surrounding uses. (Ord. 822 §1, 1989)
17.06.020 Uses.
No building or structure shall be erected, reconstructed, structurally altered, or enlarged, nor shall any building, structure or land be used for any purpose except as provided in this chapter. The following uses shall be permitted in the Commercial Zone (C). (Ord. 822 §1, 1989) Table 17.06.020-A Uses for Commercial Zone (C)
Zone
Categories Uses Commercial Zone (C)
Agricultural Facilities Agricultural uses X
Aviaries X
Catteries X
Kennels X
Stables X
Automobile and
Other Vehicle Sales
Automotive sales, leasing, or rental further
than 500 ft away from SR-60
P
Automotive sales, leasing, or rental within 500
ft of SR-60
C
Eating and Drinking
Establishments
Bars (including entertainment and off-sale of
alcoholic beverages)
C
Beverage lounge C
Cafes P
Cafeterias P
Nightclubs (including entertainment and offsale of alcoholic beverages)C Off-sale of alcoholic beverages other than beer
or wine within five hundred linear feet of any
church, school, or park
X
Off-sale of beer and wine on the site of an
automobile service station, subject to the
provisions of Section 17.11.090
C
On-sale of alcoholic beverages in association
with restaurants, cafés, cafeterias, and similar
eating establishments, subject to the
provisions of Section 17.11.100
C
Restaurants P
Retail bakeries, all goods sold at retail, on site P
Taverns (including entertainment and off-sale
of alcoholic beverages)
C
Financial Banks, savings and loans and other similar
financial institutions
P
General Commercial
Uses
Adult businesses pursuant to the provisions of
Chapter 17.10
P
Amusement arcades C
Billiard halls C
Bowling establishments C
Certain commercial activity in conjunction
with, or on the site of an automobile service
station, subject to the provisions of
Chapter 17.11
C
Commercial athletic recreation facilities
(handball, racquetball)
P if no alcohol sold or
consumed on site
Fortunetelling P
Health clubs P if no alcohol sold or
consumed on site
Indoor theatres C
Live entertainment C
Massage establishments C
Miniature golf courses C
Pool halls C
Retail businesses P
Spas P if no alcohol sold or
consumed on site
Wholesale businesses, including warehousing
and distribution
X
Medical Facilities Ambulance services X
Pharmacies associated with medical/dental
uses
P
Dental Laboratories P
Dental Offices P
Medical Laboratories P
Medical Offices P
Professional and
Office Uses
Business and professional offices P
Business services P
Wholesale businesses, including warehousing
and distribution
X
Residential Uses Emergency shelters P
Hotels C
Motels C
Residential uses and structures except as
specifically permitted by Section 17.06.030
X
Services and
Equipment
Auto detail shops further than 500 ft away
from SR-60
P
Auto detail shops within 500 ft of SR-60 C
Auto glass installation within 500 ft of SR-60 C
Auto overhaul or repair C
Auto paint shops C
Auto upholstery within 500 ft of SR-60 C
Auto upholstery and auto glass installation (all
activities are to take place within a completely
enclosed building with no openings other than
required emergency fire exits, facing or
adjacent to any residentially zoned property)
P if located more than
five hundred feet of SR60
Automobile service stations (minor repair
only) within 500 ft of SR-60
C
Automobile service stations (minor repairs
only) further than 500 ft away from SR-60
P
Automotive repair facilities, including body
and fender shops
C
Car washes further than 500 ft away from SR60P
Car washes within 500 ft of SR-60 C
Engine rebuild C
Manufacturing uses X except where
manufacturing occupies
< 5% of gross floor area
and all goods
manufactures are sold at
retail, on suite
Public utility facilities P
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 ResidenƟal 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 Chapter shall 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 residenƟal 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 residenƟal 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 intersecƟng streets it shall be prohibited to construct, install, or maintain any fence, hedge or wall or any other obstrucƟon to view higher than forty inches above the reference point located at either:
1. The point of intersecƟon with the prolongaƟon of the curb lines; or
2. The point of intersecƟon of the prolongaƟon 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 intersecƟon, 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 intersecƟon (see Figure
17.05.080-A). (Ord. 822 §1, 1989)
17.06.090 Outdoor storage and operaƟons.
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 lighƟng faciliƟes.
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