Step 1 The director of community development shall review the application.
Application Approvals
Step 1 The director of community development shall approve the application if it meets the criteria of approval.
Step 2 The applicant shall execute an affidavit at the time of approval agreeing to the following conditions:
A. There shall be no employment of help other than members of the resident family; B. The use shall not generate vehicular or pedestrian traffic not normally associated with residential uses;
C. No sale or exchange of merchandise shall take place on the premises; D. No accessory building or yard space use or activity outside of the dwelling unit shall be permitted in connection with the home occupation;
E. No use of commercial vehicles for delivery of goods or materials to or from the premises shall be permitted;
F. No signs or other advertising shall be permitted on the premises; G. The exterior appearance of the building or of the premises shall not be altered in any manner which changes its residential character;
H. In connection with the parking of limousines or vans used in connection with transporting persons for hire, said vehicles will be parked or kept only in an enclosed garage or on a paved driveway leading to a garage. No person may perform maintenance services on such a vehicle located in the residential zone other than washing, waxing, checking and adding (but not changing) oil, cleaning windows and windshields, or replacing damaged tires
The applicant shall be required to execute this affidavit annually, during the month of June.
Failure to comply shall result in the termination of the home occupation permit.
A. The home occupa�on permit may be terminated for any of the following reasons:
1. Viola�ons of any of the condi�ons as spelled out in this Sec�on (17.03.080).
2. Failure to execute the annual affidavit; or
3. If the permitee vacates the premises or ceases the home occupa�on for a period of ninety days.
B. If the home occupa�on permit is terminated for any of the reasons cited in Sec�on 17.03.040(D)(a), and the permitee feels that the decision to terminate was incorrect, he or she may appeal the ac�on to the planning commission in wri�ng, outlining the reasons that he or she feels that the ac�on of the director of community development was incorrect or arbitrary and including any extenua�ng circumstances he or she feels are appropriate. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.090 Plans required and site plan review (Residen�al Zones ONLY).
A site plan shall be submited to the planning commission/community development department for all uses permited by Sec�ons 17.05.020. The site plan shall be submited in sufficient detail to assure compliance with the intent and purpose of this part. The site plan shall include, but not be limited to, loca�on and design of buildings and other structures, off-street parking, circula�on, landscaping,
loca�on of refuse enclosures and loca�on and design of recrea�on areas. Included with the site plan shall be colored renderings of the eleva�ons of the proposed buildings and examples of materials to be used on the exterior of the structures. The applicant for site plan review by the planning commission shall submit such applica�on on forms prescribed by the planning commission and shall be accompanied by such fees as prescribed by writen resolu�on of the city council. For other uses permited by Sec�on
17.05.020, plans shall be submited to the department of planning and community development for review to ensure compliance with the Zoning Code and with the intent and purpose of these regula�ons. (Ord. 822 §1, 1989)
17.03.100 Developments within flood hazard areas.
A. Designa�on of flood hazard area: The city council of the city shall have the authority to designate areas within the city when flood hazard informa�on in the form of flood hazard boundary maps are provided by the federal or state government. (Ord. 822 §1, 1989) B. Permit – Required: No person, firm or corpora�on shall erect, construct, enlarge, or improve any building or structure located within the areas designated as Zone A on the official flood hazard boundary map without first obtaining a condi�onal use permit from the planning commission. (Ord. 822 §1, 1989)
C. Permit – Applica�on: To request a condi�onal use permit required by Sec�on 17.03.100(B), the applicant shall first file an applica�on in wri�ng on forms provided for that purpose. Such forms shall be accompanied by twelve copies of a plot plan, drawn to a scale of not less than one foot equals twenty feet, and by a fee as established by writen resolu�on of the city council. Every applica�on shall:
a. Iden�fy and describe the work to be covered by the permit for which the applica�on is made; b. Describe the land on which the proposed work is to be done by lot, block, tract and street address or similar descrip�on that will readily iden�fy and definitely locate the proposed project; c. Indicate the use or occupancy for which the proposed work is intended; d. Be accompanied by plans and specifica�ons for the proposed construc�on; e. Be signed by the permitee or authorized agent who may be required to submit evidence to indicate such authority;
f. Within designated flood prone areas, be accompanied by eleva�ons (in rela�on to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresiden�al structures, the eleva�on to which it has been floodproofed. Documenta�on or cer�fica�on of such eleva�ons will be maintained by the community development department; g. Provide such other informa�on as reasonably may be required by the planning commission. (Ord. 822 §1, 1989)
D. Condi�onal use permit – Review: The planning commission shall review all condi�onal use permit applica�ons to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. In reviewing
applica�ons for new construc�on, substan�al improvements, prefabricated buildings, placement of mobile homes and other developments the commission shall:
a. Obtain review and reasonably u�lize, if available, any regulatory flood eleva�on data from federal, state or other sources, un�l such data is provided by the Federal Flood Insurance Administra�on in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met:
i. The first floor eleva�on (to include basement) of new residen�al structures, to be elevated to or above the regulatory flood eleva�on.
ii. The first floor eleva�on (to include basement of nonresiden�al structures) to be elevated or floodproofed to or above the regulatory flood eleva�on. b. Require the use of construc�on materials and u�lity equipment that are resistant to flood damage.
c. Require the use of construc�on methods and prac�ces that will minimize flood damage. d. Be designated or anchored to prevent flota�on, collapse, or lateral movement of the structures or por�ons of the structure due to flooding.
e. Assure that in regard to mobile homes, specific anchoring requirements are:
i. Over-the-top �es to be provided at each of the four corners of the mobile home with two addi�onal �es per side at the intermediate loca�ons and mobile homes less than fi�y feet long requiring one addi�onal �e per side.
ii. Frame �es to be provided at each corner of the home with five addi�onal �es per side at intermediate points and mobile homes less than fi�y feet long requiring four addi�onal �es per side.
iii. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.
iv. Any addi�ons to mobile homes to be similarly anchored. (Ord. 822 §1, 1989) E. Review of tenta�ve subdivision map:
a. The planning commission shall review all tenta�ve subdivision maps and shall make findings of fact and assure that:
i. All such proposed developments are consistent with the need to minimize flood damage; ii. Subdivision proposals and other proposed new developments greater than five acres or fi�y lots, whichever is lesser, include within such proposals regulatory flood eleva�on data in areas designated Zone A;
iii. Adequate drainage is provided so as to reduce exposure to flood hazards; iv. All public u�li�es and facili�es are located so as to minimize or eliminate flood damage. (Ord. 822 §1, 1989)
F. New water and sewers: New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltra�on by or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamina�on during flooding. (Ord. 822 §1, 1989) G. Flood-carrying capacity: The planning commission shall ensure that the flood-carrying capacity within the altered or relocated por�on of any watercourse is maintained. The city will no�fy, in riverine situa�ons, adjacent communi�es and the State Coordina�ng Office prior to any altera�on or reloca�on of a watercourse, and submit copies of such no�fica�ons to the Administrator. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the Na�onal Flood Insurance Program in accordance with the Na�onal Flood Disaster Protec�on Act of 1973. (Ord. 822 §1, 1989)
Applicability: This chapter shall take precedence over conflic�ng ordinances or parts of ordinances. The city council may, from �me to �me, amend the ordinance codified in this chapter to reflect any and all changes in the Na�onal Flood Disaster Protec�on Act of 1973. The regula�ons of this chapter are in compliance with the Na�onal Flood Insurance Program Regula�ons as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976. (Ord. 822 §1, 1989)
17.03.110 Final review and cer�fica�on of plans.
A building permit may not be issued unless and un�l the director of planning and community development, or his or her representa�ve, cer�fies on such site plan that it complies with the condi�ons imposed by the planning commission and that it is consistent with the intent of each residen�al zone (R1, R-2 and R-3). (Ord. 822 §1, 1989)
17.03.120 Improvement project areas – site plan review.
Application Filing
Step 1 Application shall be submitted to the director of community development, or designee, on forms prescribed by the city and accompanied by the required fees established by the city council. Prior to the accepting the application, the director or designee, may require that one or more meetings be held with the project proponent and/or representatives.
The application shall be accompanied by a site plan of the entire property on which any development is proposed. The site plan shall show the size and location of each existing and proposed structure as well as the size and location of any existing structures to be removed or relocated. The site plan shall also show all off-street parking, vehicular traffic and pedestrian circulation, landscaping, refuse enclosures, mechanical equipment, easements, drainage structures (existing and proposed) and other information deemed necessary by the director of community development, or designee, or by the planning commission.
The application shall also be accompanied by elevation drawings of each proposed new structure and any existing structure proposed to remain on the site. The elevation drawings shall also show any other information deemed necessary by the director of community development, or designee, or by the planning commission. One copy of the elevation plans shall show the proposed colors and finish material for all proposed new structures and those structures which are proposed to remain. (Ord. 1020 §2, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Application Processing
Conditions of
New
Improvements
The planning commission shall consider the development proposal only at a public hearing pursuant to the provisions of Chapter 17.03.130. (Ord. 1020 §4, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991). After considering all the evidence presented at a public hearing, the planning commission shall render its decision(s) by a written resolution. In reaching any decision the planning commission shall consider the following criteria;
A. Compatibility with the city’s General Plan, the improvement plan for the area, and the surrounding uses, both existing and planned;
B. Compatibility of architecture and design with existing and anticipated development in the vicinity, and/or with adopted design guidelines including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open space, and other features relative to harmonious and attractive development of the area.
C. The planning commission shall approve, approve with conditions, or disapprove the application. In all cases appropriate findings shall be made for any decision.
D. Any person aggrieved by a decision of the planning commission may appeal that decision to the city council pursuant to the provisions of Section 17.03.130 of this Code.
Subsequent to any decision of the planning commission taken pursuant to this chapter, the city council, or any member(s) of the city council, may, within fourteen calendar days from the effective date of that decision, call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Chapter 17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission. (Ord. 1020 §5, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Existing
Improvements
Exemption of existing improvements: approval under this chapter shall not result in requirements to alter or improve any existing improvements, unless:
A. Such existing improvements are to be altered in connection with, or are directly affected by, the proposed construction, grading or remodeling; or B. The value of the proposed construction, alteration, remodeling or other improvements being made exceeds fifty percent of the value of existing improvements. (Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Application Approvals
Step 1 –
Condition for
Approval
A site plan and architectural review, in addition to any other permits and entitlements to use, shall be required for any use, or development of, property located within an improvement project area in the city which involves any of the following:
A. Any new building with a gross floor area of five thousand square feet, or any addition to an existing building or structure which equals or exceeds fifty percent of the gross square footage of the existing building or structure.
B. Any use of the property or structure(s) which would be substantially different from the existing use of the property or structure(s), or in the case of vacant property or structure(s), any use which would be substantially different than the most recent previous use of the property or structure(s).
Step 2 – Subsequent to planning commission approval and before final inspection and approval or release of utility service(s) by the city building official, or designee, the department
Approval
Compliance
of community development shall inspect the site for compliance with the approved plan and conditions of approval, if any. Any deficiencies which are not corrected to the satisfaction of the director of community development shall be noted in writing. The property owner and city building official shall be provided copies of the written notice of noncompliance and final approval and release of utility service(s) shall not be given.
If the property owner or his or her representative believes the director is incorrect in the finding of noncompliance, the property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.
Step 3 –
Subsequent
modifications
Subsequent modifications, additions, or deletions to the approved plans or conditions may be considered by the planning commission upon the filing of an application by the owner (or authorized representative) of the subject. Planning commission shall make a determination regarding the requested modifications.
A public hearing on the proposed modification(s) shall not be required unless the planning commission determines that the proposed modification extends beyond the intent of the original approval. (Ord. 1020 §7, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991)
Step 4 –
Extension
Upon application filed with the department of community development not less than sixty days prior to the date upon which an approval will expire pursuant to subsection A of this section, the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public.
Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter. (Ord. 1020 §8, 2000; Ord. 1002 §1, 1998; Ord. 897 §1, 1991) Step 5 –
Expiration
Expiration of site plan approval: site plan approval shall become automatically null and void, unless otherwise provided in this chapter or unless extended as provided in subsection B of this section, if any of the following occurs:
A. Failure to Commence Construction. A construction permit, if required for work authorized in the approved site plan, is not obtained from the building official within one year from the date of approval by the improvement district board. Work authorized by the construction permit shall commence within one hundred eighty days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty days or more;
B. Condition of Permit Approval. Circumstances which terminate the permit pursuant to any termination provisions included as a condition of the site plan approval; C. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions which automatically permits the development. Each nonconformity, if any, existing at the time of expiration of the site plan approval shall be brought into conformance pursuant to Section 17.03.
D. Ineligible Use. Upon a change of zone or of ordinance provisions which provides that the use is no longer eligible for site plan approval. Termination of such use and each nonconformity thereof shall be in accordance with this Chapter.
E. If none of the above circumstances transpires, the site plan approval shall remain in effect indefinitely.
Application Timelines
14 calendar days from
effective date of decision
of planning commission
Timeline in which city council, or any member(s) of the city council, may call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Section
17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission. 14 days of the final decision
on application approval of
the director of community
development
Timeline in which property owner or his or her representative may appeal what is believed to be an incorrect in the finding of noncompliance. The property owner or authorized representative may file a written appeal to the planning commission which shall, at a duly noticed public hearing, make the determination of compliance.
60 days prior to the date of
approval
Timeline in which the planning commission may extend the approval if the planning commission finds that termination of the approval would constitute an undue hardship upon the applicant, and finds that the continuation of the approval would not be materially detrimental to the health, safety, and general welfare of the public.
180 days from date of
issuance of permit
Timeline in which work authorized by the construction permit shall commence. Such work shall not be suspended or abandoned at any time after commencement.
Up to 1 year Timeline for extensions of unless a public hearing is held and approval granted in the same manner and based upon the same criteria as set forth in this chapter.
17.03.130 Public hearings – procedure and conduct.
Timelines
10-60 days after filing of
application requiring a
public hearing
Timeline in which a public hearing must be set. When an application requiring a public hearing has been filed, the matter shall be set for public hearing before the planning commission.
10 days prior to date of
hearing
Notice of a scheduled public hearing shall be prepared not less than ten days prior to the date set for the hearing. As a minimum the notice shall include:
The matter under consideration;
The date, time, place and body before which the hearing will be held; An invitation to proponents and opponents to give testimony on the matter under consideration.
10 days prior to date of
hearing
Except for text amendments, a copy of the notice of public hearing shall be sent to all owners of property located within a radius of three hundred feet of the exterior boundaries of the property to which the public hearing applies. The list of property owners shall be taken from the latest assessment roll of Los Angeles County. This notice shall be mailed not later than ten days prior to the date of the public hearing.
No later than 10 days after
date of decision
A. Timeline in which any person may appeal any decision of the planning commission to the city council by filing a written appeal with the city clerk; provided, however, that if City Hall is not open for business on
the tenth day of the appeal period, the appeal period is extended to include the next business day.
B. Timeline in which any two members of the city council may call any decision of the commission for review by the city council by filing a written review request with the city clerk. The request shall state:
"The request for review has been filed because the subject matter of the decision pertains to a matter of city-wide importance that should be considered by the city’s elected officials."
C. The appeal or review request stays the effectiveness of the decision until the matter is resolved. (Ord. 1048 §1, 2003: Ord. 963 §§39, 41, 1995; Ord. 822 §1, 1989)
City
council
appeal
process
Within 40 days
after written
appeal is filed
Timeline in which an appeal from or a council review of a planning commission decision shall be scheduled for a de novo public hearing.
At least 10 days
prior to hearing
Timeline in which the city shall provide written notice to the applicant, appellant and all persons who addressed the planning commission on the matter. After the public hearing, the city council may: affirm, reverse or modify the commission’s decision; remand the matter to the commission; or continue the matter. The council’s authority to modify the commission’s decision includes, but is not limited to, imposing additional conditions. The council’s decision shall be final and may be rendered by resolution or minute order unless state law requires a resolution.
Within 40 days
of public
hearing
Timeline in which the commission’s decision shall be reinstated when the council is unable to reach a decision for any reason, including a tie vote or series of tie votes, notwithstanding any other provision in this Code. In such case, the effective date of the decision shall be the fortieth day after the close of the public hearing, and the Commission’s decision shall be final.
A. Conduct of the public hearing: All public hearings shall be conducted in accordance with the rules and procedures established by the city council or planning commission for such hearings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Announcement of commission decision: All decisions of the commission in maters requiring a public hearing shall be announced by writen resolu�on adopted by a majority of the members of the commission present. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Required informa�on – appeal: The writen appeal, filed with the city clerk, must indicate in what way the appellant feels the planning commission’s decision was incorrect or must provide extenua�ng circumstances which the appellant feels would jus�fy reversal or modifica�on of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.140 Historic preserva�on.
A. Title and Purpose: The provisions of this chapter shall be known as the “Historic and Aesthe�c Resources Management Ordinance” of the city or by the short �tle of the “Historical Ordinance.” (Ord. 963 §39, 1995; Ord. 822 §1, 1989) It is the purpose of this chapter to provide special condi�ons
and regula�ons for the protec�on, enhancement, perpetua�on and use of places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthe�c interest or value, within the meaning of California Government Code Sec�on 37361. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Cultural resources management commission
1. There is established in the city a cultural resources management commission (“commission”) empowered to designate, oversee, protect and manage the landmarks and historical districts of the city.
2. The planning commission is designated to sit as the commission and is empowered with all power and authority to perform all of the du�es hereina�er enumerated and provided with respect to landmarks and historical districts.
3. The commission shall, when necessary, consider the opinions of professionals in the field of cultural resources and historic preserva�on, published documents, newspaper accounts, and environmental documents rela�ng to the resource under considera�on, as well as the member of preserva�on related organiza�ons such as historical socie�es, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, atorneys, and urban planners. Also to be considered are the interests, opinions and views of the affected property owners and residents in delibera�ons concerning cultural resources of the city.
4. The term of the members of the commission shall run concurrently with their respec�ve terms as appointed members of the planning commission.
5. The commission shall adopt its own policies, procedures, opera�ng rules, and bylaws, subject to approval by the city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Commission powers and du�es: The powers and du�es of the commission are as follows:
1. Prepare or cause to be prepared a comprehensive inventory of poten�al landmarks and historical districts within the city;
2. Recommend to city council designa�on of specific sites as landmarks and historical districts within the city;
3. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning programs undertaken by any agency of the city, the county, or state, as they relate to the cultural resources of the community;
4. Review applica�on for permits to construct, change alter, modify, remodel, remove, or significantly affect any landmark or historical district;
5. Review and comment upon all applica�ons for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents as they affect landmarks or historical districts;
6. Approve or disapprove, in whole or in part, applica�ons for permits pursuant to Sec�on
17.03.140 F.;
7. Make recommenda�ons to the council concerning the acquisi�on of development right, façade easements, and the imposi�on of other restric�ons and the nego�a�on of historical property contracts for the purpose of historic preserva�on;
8. Recommend acceptance of dedica�ons of private property for purposes of public areas, maintenance, landmark designa�on, historic easements, or any other easement or dedica�on, pursuant to preserva�on and maintenance of the city’s cultural resources;
9. Increase public awareness of the value of historic, architectural and cultural preserva�on by developing and par�cipa�ng in public informa�on programs and by recommending the update of the preserva�on program;
10. Make recommenda�ons to the council concerning the u�liza�on of grants from federal and state agencies, private groups and individuals and the u�liza�on of budgetary appropria�ons to promote the preserva�on of historic or architecturally significant structures in the city;
11. Evaluate and comment upon decisions by other public agencies affec�ng the physical development and land use paterns in designated sites and areas;
12. Cooperate with local, county, state and federal governments in the pursuit of the objec�ves of historic preserva�on;
13. Keep minutes and records of all mee�ngs and proceedings including vo�ng records, atendance, resolu�ons, findings, determina�ons and decisions. All such material shall be public records;
14. Render advice and guidance, upon the request of the property owner or occupant, on the restora�on, altera�on, decora�on, landscaping or maintenance of any landmark or historic district, or neighboring property within public view;
15. Par�cipate in, promote, and conduct public informa�on, educa�onal, and interpre�ve programs pertaining to cultural resources;
16. Perform any other func�ons that may be designated by resolu�on or mo�on of the city council;
17. To perform all func�ons, powers and authori�es to achieve the goals and purpose stated in Sec�on 17.03.140 A. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) D. Design criteria: For the purpose of this chapter, an improvement may be designated a landmark by the city council, and any area within the city may be designated an historic district by the city as hereina�er provided if it meets the following criteria:
1. It exemplifies or reflects special elements of the city’s cultural, social, economic, poli�cal, aesthe�c, engineering, or architectural history; or
2. It is iden�fied with persons or events significant in local, state, or na�onal history; or
3. It embodies dis�nc�ve aesthe�c characteris�cs of a style, type, period, or method of construc�on, or is a valuable aesthe�c example of the use of indigenous materials or cra�smanship; or
4. It is representa�ve of the notable aesthe�c work of a builder, designer or architect. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Designa�on procedures: Landmarks and historic districts shall be designated by the city council in the following manner:
1. Any person may request the designa�on of a landmark or the designa�on of an historic district by submi�ng an applica�on for such designa�on to the commission. The commission or city council may also ini�ate such proceedings on their own mo�on.
2. The commission shall conduct a study of the proposed designa�on and make a preliminary determina�on based on such documenta�on as it may require, as to its appropriateness for considera�on. If the commission determines that the applica�on merits considera�on, but only if it so determines, it shall schedule a public hearing with due speed and so no�fy the applicant (if any) in wri�ng.
3. No building, altera�on, demoli�on or removal permits for any improvement, building or structure within the proposed historic district or rela�ve to a proposed landmark shall be issued while the public hearing or any appeal related thereto is pending.
4. In the case of a proposed landmark, no�ce of the date, place, �me and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the landmark at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adver�sed once in a newspaper of general circula�on.
5. In the case of a proposed historic district, no�ce of the date, place, �me and purpose of the hearing shall be given by first class mail to the applicant, owners and occupants of all proper�es within the proposed district at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be adver�sed once in a newspaper of general circula�on.
6. At the conclusion of the public hearing, but in no event later than thirty days from the date set for the ini�al public hearing for the designa�on of a proposed landmark or historic district, the commission shall recommend to the city council approval in whole or in part, or disapproval in whole or in part of the applica�on in wri�ng.
7. The city council, within thirty days of receipt of the recommenda�ons from the commission, shall by resolu�on approve or condi�onally approve the applica�on in whole or in part, or shall by mo�on disapprove it in its en�rety.
8. Failure to send any no�ce by mail to any property owner where the address of such owner is not a mater of public record shall not invalidate any proceedings in connec�on with the proposed designa�on. The commission and council may also give such other no�ce as they may deem desirable and prac�cable.
9. Any determina�on of the commission pursuant to this chapter shall be subject to appeal to the city council pursuant to the provisions of Sec�ons 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. Permits
Application Filing and Required Documents
Step 1 Prior to the submission of an application for a building or other permit involving any designated or potential cultural or historic district under consideration by the commission or the council, the proposal must first be reviewed and cleared by the planning division to ensure compliance with this chapter and with other provisions of this title.
It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any landmark, or any portion thereof, which has been designated as a landmark pursuant to the provisions of this chapter, or which lies within a designated historic district, or to alter in any manner any exterior architectural feature within an historic district, or to place, erect, alter or relocate any sign within an historic district or on a landmark, without first obtaining written approval to do so in the manner provided in this chapter, nor shall the building official grant any permit to carry out such work on a designated landmark or within an historic district, without the prior written approval of the commission.
While a potential landmark or historic district is under consideration by either the commission of the city council, the building official shall not grant or issue any permit that would tear down, demolish, construct, alter, remove or relocate any such potential landmark or historic district, or portion thereof.
The commission staff shall be responsible for informing the building official of nomination procedures of potential landmarks or historic districts, in the most expedient manner. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Step 2 Such applications shall be accompanied by such materials as are required by the commission and are reasonably necessary for the proper review of the proposed project.
Such materials may include, but are not limited to, front, side and rear elevations, exterior drawings, a site plan, materials samples, photographs, historical data, illustrations of proposed grading or drainage, landscaping plans, and line drawings of adjacent properties (especially where the height of an existing improvement will be altered or in the case of new construction).
If no other city permit is required to pursue work on a landmark or historic district designated or under current consideration, whoever is responsible for the work, whether it is the tenant, resident or property owner, shall apply for approval to the commission staff directly.
Step 3 The building official shall report any application for a permit to work on a designated or potential (under current consideration) landmark or historic district for which clearance has not been granted by the city to the commission staff directly. No application for any permit shall be accepted until and unless clearance has been given the staff.
Step 4 An environmental impact report (EIR) or negative declaration shall be required in conformance with the provisions of the California Environmental Quality Act (CEQA), with respect to demolition or alteration of any potential landmark or historic district. The findings of the environmental document shall be considered in the issuance or denial of permits. Should the commission or city council hold in opposition to the findings of the environmental document, a written statement of overriding concern shall be made by the
issuing body. All costs for production of the environmental documents shall be borne by the applicant.
Application Processing
Step 1 The commission shall complete its review and make a decision within thirty days of the date of receipt of the application. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions, interim or final, shall be made at regular meetings of the commission. The commission’s decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision.
Step 2 In review of permits sought in order to wholly or partially remove or demolish a landmark or historic district the commission may approve or disapprove the issuance of the permit or permits. A commission decision may be appealed by any person or persons directly to the city council, and the applicant and the appellant shall be given a reasonable opportunity to be heard by the council in support of or in opposition to the appeal. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Approval and Disapproval
Conditions of
Approval
The commission or the city council, upon appeal, shall issue an approval for any proposed work as described in Section 17.03.140 G., if and only if, it determines:
A. In the case of a designated landmark, the proposed work would not detrimentally alter, destroy or adversely affect any exterior architectural feature; or
B. In the case of any property located within an historic district, the proposed construction, removal, rehabilitation, alteration, remodeling, excavation or exterior alteration does not adversely affect the character of the district; or C. In the case of construction of a new improvement, building or structure upon a landmark site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings and structures on site. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Disapproval -
Showing of
hardship
The commission or city council need not disapprove an application for permit to carry out any proposed work in an historic district, or on a landmark or a landmark site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the commission or city council that such disapproval will work immediate and substantial hardship on the applicant, whether this be property owner, tenant or resident, because proposed work, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that failure to disapprove the application will not be substantially destructive to the purposes of this chapter. If a hardship is found to exist under this section, the commission or city council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such a finding. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
Application Timeline
Within 30 days of
the date of
receipt of the
application
Timeline in which commission shall complete its review and make a decision on application.
G. Maintenance and repair
1. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construc�on, reconstruc�on, altera�on, restora�on, demoli�on, or removal of any such feature when the building officer cer�fies to the commission that such ac�on is required for the public safety due to an unsafe or dangerous condi�on which cannot be rec�fied through the use of the California Historical Building Code.
2. The owner, occupant or other person in actual charge of a designated landmark, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior por�ons of such improvement, building or structure, all of the interior por�ons thereof when subject to control as specified in the designa�ng ordinance or permit, and all interior por�ons thereof whose maintenance is necessary to prevent deteriora�on and decay of any exterior architectural feature.
3. It shall be the duty of the department of community development and the building official to enforce this sec�on. Where the owner of a designated landmark has been ordered by the city to make necessary repairs, but has failed to do so, the city may make improvements necessary for the maintenance of the landmark and charge the cost of those repairs to the owner as a lien upon his or her property. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Local, state and federal law: Nothing in this chapter shall be construed to mi�gate the effect of any local, state, or federal codes, or law applicable to the designated landmark or historic district.
However, where the preserva�on and maintenance of a designated landmark or historic district is in direct conflict with the provisions of this �tle, or this Code, the public interest will be considered best served through preemp�on of conflic�ng sec�ons of these codes, by this chapter. All other provisions of this Code not in direct conflict with preserva�on of the designated landmark or historic district will not be abrogated by this chapter. (Ord. 963 §39, 1995; Ord. 822 §1, 1989.
I. Enforcement and penal�es
1. Methods of Enforcement. In addi�on to the regula�ons of this chapter, provisions of this Code and other provisions of law which govern the approval or disapproval of applica�ons for permits or licenses covered by this chapter, the department of community development and/or the building officer shall have the authority to implement the enforcement hereof by any of the following means:
a. Serving no�ce requiring the removal of any viola�on of this chapter, upon the owner, agent, occupant or tenant of the improvement, building, structure or land;
b. Calling upon the city atorney to ins�tute any necessary legal proceedings to enforce the provisions of this chapter, and the city atorney is authorized to ins�tute any ac�on to that end;
c. Calling upon the Los Angeles County sheriff and authorized agents to assist in the enforcement of this chapter.
2. In addi�on to any of the foregoing remedies, the city atorney may maintain an ac�on for injunc�ve relief to restrain or enjoin or to cause the correc�on or removal of any viola�on of this chapter, or for an injunc�on in appropriate cases.
3. Any owner, landlord, or tenant of any designated landmark, or any landmark under considera�on for designa�on by the commission, who tears down, demolishes, alters, removes, or relocates the landmark, or por�on thereof, shall replace and restore the landmark to its original condi�on at his or her own expense, including all addi�onal expenses incurred by the city in enforcing this provision.
4. Penal�es. Any person viola�ng any provision of this chapter shall be deemed guilty of a misdemeanor and upon convic�on thereof shall be fined in an amount not exceeding one thousand dollars, or be imprisoned for a period not exceeding six months, or be so fined and imprisoned. Each day such viola�on is commited or permited to con�nue shall cons�tute a separate offense and shall be punishable as such hereunder. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.150 Amendments to zoning regula�ons.
A. General: Whenever the public necessity, convenience or general welfare will be benefited, the city council may amend the regula�ons herein, adjust the boundaries of zone districts, or reclassify proper�es. Insofar as possible, amendments should be in agreement with officially adopted city policies and plans, and shall be consistent with General Plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) B. City policies and plans review: In the event a proposed amendment is inconsistent with current city policies and plans, review by the planning commission of such proposed amendment and of current city policies and plans shall be coordinated so that the city council will be able to consider in one proceeding any recommended amendments to city policies and plans necessary to retain consistency by reason of such amendment. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) C. Consistency with hazardous waste management plan: Any decision on a proposed zoning amendment shall be consistent with the por�ons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, rela�ng to si�ng of and si�ng criteria for hazardous waste facili�es. (Ord. 963 §39, 1995; Ord. 888-U §1, 1990; Ord. 887 §1, 1990) D. Ini�a�on of amendments:
1. Text Amendments. Text amendments may be ini�ated by a mo�on of the city council or the planning commission or by the director of planning development.
2. Property Rezoning. Property rezoning may be ini�ated by a mo�on of the city council or the planning commission, by the director of community development, or by an applica�on signed by the owner(s) of all property affected. The applica�on must be on forms prescribed by the
planning commission and must be submited to the community development department.
Unless an applica�on is made by a public agency or duly cons�tuted governmental body, it must be accompanied by a fee established by writen resolu�on of the city council.
3. Property Pre-zoning. An unincorporated area may be pre-zoned to determine the zoning that will apply in the event of subsequent annexa�on to the city. Procedures for ini�a�on are the same as for property rezoning.
4. Property Interim Zoning. Proper�es not pre-zoned upon annexa�on must be interimly zoned.
The planning commission must consider permanent (precise) zoning therea�er at its earliest convenience. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Planning commissions procedure:
1. Public Hearing. The planning commission shall hold at least one public hearing on all text amendments and property rezoning proposals. No public hearing shall be required for interim zoning proposals.
2. Public No�ce. No�ce of public hearing shall be made in accordance with Chapter 17.03.130.
3. Op�ons. The planning commission may disapprove, con�nue to a later mee�ng, or recommend approval of a text amendment or property rezoning to the city council. Recommenda�ons for approval shall be based on the following findings.
a. Substan�al proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the ci�zens of the city; and b. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; and
c. Streets and public facili�es exis�ng or proposed are adequate to serve all uses permited when the property is reclassified; and
d. All uses permited when the property is reclassified will be compa�ble with present and poten�al future uses, and further, exis�ng regula�ons applying to the property in ques�on.
4. Appeal. The applicant, or any other interested party, may appeal the decision of the planning commission to the city council in accordance with provisions of Sec�on 17.03.130. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. City council procedure:
1. Public Hearing. The city council must hold at least one public hearing on each planning commission recommenda�on to amend the text of this �tle or to reclassify property. No public hearing shall be required for interim zoning.
2. Public No�ce. No�ce of public hearing shall be made in accordance with Sec�on 17.03.130.
3. Op�ons. Text amendments and zoning decision of the planning commission may be modified, approved, disapproved, con�nued to a later mee�ng or returned to the planning commission for
further study and recommenda�ons. The council’s decision must be based on the required findings contained in Sec�on 17.03.150 E.
4. Effec�ve Date. The city council’s decision to approve a text amendment or rezoning shall become effec�ve thirty days from the date of adop�on of the ordinance approving the change. All other decisions shall become effec�ve fourteen days a�er approval.
5. Pre-zoning Time Limit. If, within one year of official city council approval of a pre-zoning the subject area has not yet been annexed to the city, the approval may be subject to reconsidera�on by the planning commission and city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
G. Expanded area of considera�ons: When in the opinion of the director of community development, or upon direc�on of the planning commission or city council, it is determined that an area subject to reclassifica�on considera�on should be expanded or contracted to fulfill the findings specified in Sec�on 17.03.150 E., the procedure required for approval is the same as specified for the commission and council in Sec�ons 17.03.150 E. and 17.03.150 F. Said expansion may be ini�ated by the director of community development, planning commission or the city council. Final reclassifica�on may include all, a por�on, or none of the expanded or contracted area. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
H. Reapplica�on: Reclassifica�on shall not be reconsidered within one year from the date of the last official ac�on taken unless the submital is first approved by the planning commission or city council. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
I. Reclassifica�on – condi�ons atached or atachable: Condi�ons of approval for reclassifica�on shall not be cited in ordinances of reclassifica�on. Whenever prerequisite condi�ons are deemed necessary, ordinances of reclassifica�on shall not be finally acted upon un�l provisions for compliance have been made. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.160 Variances.
A. Purpose: Variances from the terms of the zoning regula�ons shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, loca�on or surroundings, the strict applica�on of the provisions of these regula�ons deprives such property of privileges enjoyed by other property in the vicinity and under the iden�cal zoning classifica�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Condi�ons: Any variance granted shall be subject to such condi�ons as will assure that the adjustment thereby authorized shall not cons�tute a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and zoning district in which such property is situated. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Variance prohibited: A variance shall not be granted which authorizes a use or ac�vity which is not otherwise expressly authorized by the regula�ons which govern the zone district in which the parcel or property is located. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) D. Required findings: No variance shall be granted by the commission unless it finds:
1. That the strict applica�on of the zoning regula�ons would result in prac�cal difficul�es or unnecessary hardships, not of the applicant’s making
2. That there are excep�onal circumstances or condi�ons applicable to the property involved that do not apply to other property in the vicinity and in the iden�cal zone
3. The approval of the variance will not result in a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and in the iden�cal zone
4. That the gran�ng of the variance will not be in conflict with the General Plan or with any approved specific plan or neighborhood plan. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) E. Consistency with hazardous waste management plan: Any decision on an applica�on for a variance shall be consistent with the por�ons of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, rela�ng to si�ng of and si�ng criteria for hazardous waste facili�es. (Ord. 963 §39, 1995; Ord. 888-U §3, 1990; Ord. 887 §3, 1990) F. Applica�on and fee: Applica�on for variances shall be filed with the commission upon forms and accompanied by such data as may be prescribed by the commission, so as to assure the fullest prac�cal presenta�on of the facts for the public record. The filing fees for variances shall be established by writen resolu�on of the city council and no part of such fee is refundable unless the applica�on is withdrawn prior to publica�on of the no�ce of public hearing. No fee shall be required of any recognized civic or governmental organiza�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Public hearing: Upon the filing of an applica�on for a variance from the provisions of these regula�ons, the commission shall set a date for a public hearing before the commission on the maters contained in the applica�on. (Ord. 963 §39, 1995; Ord. 822 §1, 1989) H. Commission ac�on: If, from the facts presented with the applica�on at the public hearing, or by inves�ga�on by, or at the direc�on of the commission, the commission makes the findings set forth in Sec�on 17.03.140 D. above, the commission may grant the requested variance, in whole or in part, upon such terms and condi�ons as it may deem necessary to conform with the general intent and purpose of these regula�ons. If the commission fails to make the required findings, the applica�on shall be denied. Each decision by the commission, authorizing a variance from the regula�ons established by this �tle shall be by writen resolu�on adopted by a majority of its membership, se�ng forth the required findings. (Ord. 963 §39, 1995; Ord. 822 §1, 1989).
I. Condi�ons of approval: The commission may atach such reasonable condi�ons to the approval as it deems necessary to ensure that the proposed use will be compa�ble with the surrounding area and with the goals of the city and that the variance will not cons�tute a grant of special privilege. All condi�ons shall be binding upon the applicants, their successors, and assigns, and shall run with the land; shall limit and control the issuance and validity of cer�ficates of occupancy, and shall restrict and limit the construc�on, loca�on, use and maintenance of all land and structures within the parcel, lot or development. (Ord. 1237 §7, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. Expira�on: If the variance is not u�lized within the twenty-four-month �meframe, the applicant may apply for an extension before the expira�on of the permit on a form approved by the community development director. (Ord. 1237 §7, 2019)
K. No�ce of decision: Not later than ten days following the commission’s decision to grant or deny the variance, the applicant shall be no�fied in wri�ng of the commission’s decision. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
L. Effec�ve date and appeal: No variance authorized or granted by the commission shall become effec�ve un�l a�er an elapsed period of fourteen days from the date the determina�on is made, during which �me a writen appeal from the decision may be taken to the council by the applicant or any person aggrieved or affected by such determina�on. (Any appeal of a decision, by the commission, must be made in accordance with the provisions of Sec�on 17.03.110 of these regula�ons.) (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
M. Con�nua�on of exis�ng variances: Variances granted by the commission prior to the effec�ve date of the adop�on of these regula�ons or of any amendment thereto may be con�nued provided all condi�ons of such variances con�nue to be met. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.170 Nonconformi�es.
A. Intent and Purpose: The purpose of the provisions of this chapter shall be to provide for the regula�on and eventual elimina�on of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the orderly development of the city and is detrimental to the public health, safety, convenience and general welfare of persons and property within the city. It is further declared that it is the policy of the city that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the cons�tu�onal rights of the property owners of such nonconforming uses. The con�nua�on of nonconforming uses as provided in this chapter is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within the specified �me periods. Nonconforming uses are declared to be illegal and prohibited a�er the termina�on dates set forth in this chapter. (Ord. 964 §5, 1995; Ord. 822 §1, 1989)
B. Exis�ng Uses: Any exis�ng use or structure which does not conform to the regula�ons of this �tle or to any subsequent amendments thereto, but which was in conformance with all ordinances and laws, or which was a legal use on the effec�ve date of Ordinance No. 182, or of any subsequent amendment thereto, shall be classified as nonconforming. A nonconforming building or structure, or a nonconforming por�on of a building shall be deemed to cons�tute a nonconforming use of the land upon which it is located. However, only that por�on of the property actually u�lized for the nonconforming use shall be considered nonconforming. Any legally exis�ng use or structure exis�ng on the effec�ve date of these regula�ons, or of any subsequent amendment thereto, which is now listed as a condi�onal use in the zone district in which it is located shall be classified as a nonconforming use and shall so remain un�l a condi�onal use permit has been granted by the planning commission in accordance with the provisions of these regula�ons. (Ord. 964 §6, 1995; Ord. 822 §1, 1989)
C. Con�nua�on: A lawfully exis�ng nonconforming use or structure may con�nue to be u�lized for a specific length of �me as set forth in Sec�on 17.03.170 J., provided there is no structural altera�on, increase or enlargement of area, space or volume occupied or devoted to such use, except as otherwise permited by these regula�ons. (Ord. 822 §1, 1989)
D. Repairs, altera�ons, addi�ons and construc�on: Such repairs and maintenance work that may be required to keep nonconforming building or structures in a safe and sound condi�on may be made.
However, structural altera�on of nonresiden�al building which would require a building permit shall be limited to those necessary to restore the structure to a safe condi�on. The allowable extent of altera�ons shall be limited as provided in these regula�ons. No repair or altera�ons made to any nonconforming structure or use shall be construed as authorizing an extension of any �me limit for the termina�on of nonconformity. (Ord. 822 §1, 1989)
a. Addi�ons, altera�ons or reconstruc�on shall be allowed only for the purpose of relieving overcrowded condi�ons or to provide adequate living space for the family living on the premises, and only where it can be shown that they would not adversely affect the subject property or the surrounding area, and any such addi�ons, altera�ons or reconstruc�on shall require approval of the city. Such addi�ons, altera�ons or reconstruc�on shall not be allowed for the purpose of gaining addi�onal rent or revenue. The director of community development is authorized to approve addi�ons and altera�ons to nonconforming residen�al structures within the city, where the addi�on or altera�on does not increase the nonconformity. (Ord. 1232 §5, 2019; Ord. 822 §1, 1989)
b. Addi�ons and altera�ons to nonconforming commercial or industrial uses may be authorized only by a condi�onal use permit granted in accordance with the provisions of this �tle. The planning commission must make the following findings in order to grant the condi�onal use permit:
i. Proposed addi�ons or altera�ons are needed to relieve overcrowded condi�ons and to modernize an exis�ng use to the extent that it can successfully operate. Such addi�ons or altera�ons may not be used for the establishment of a new enterprise. ii. Proposed addi�ons or altera�ons shall not be permited if they would adversely affect the exis�ng development or impede further conforming development of the property or of the surrounding area for permited uses.
iii. The owners of the subject property shall execute a writen agreement which provides that any altera�ons made pursuant to this sec�on shall not extend the �me set forth in these regula�ons for the termina�on of such nonconforming structure. (Ord. 964 §7, 1995; Ord. 822 §1, 1989) Repairs to par�ally destroyed structures
c. Repairs to par�ally destroyed structures: a nonconforming building or structure which is damaged or par�ally destroyed to the extent of not more than fi�y percent of its assessed value at that �me, may be restored and the occupancy or use of such building, structure or part thereof which existed at the �me of such destruc�on may be con�nued or resumed; provided, that the total cost of such reconstruc�on does not exceed fi�y percent of the assessed value of the building or structure at the �me of such damage, and that such restora�on is started within a period of one year of such damage. In the event such damage or destruc�on exceeds fi�y percent of the assessed value of such building or structure, no repairs or reconstruc�on shall be made unless every por�on of such building or structure is made to conform to all regula�ons of the district in which it is located. (Ord. 822 §1, 1989)
d. Structures under construc�on: Where valid building permits have been issued for a structure prior to the effec�ve date of these regula�ons, the structure may be completed and used in accordance with the plans and specifica�ons upon which such permits were issued, provided construc�on is commenced within thirty days a�er the issuance of the permits and work is diligently pursued to comple�on within the subsequent six-month period. (Ord. 822 §1, 1989) E. Public uses, quasi-public uses, and public u�li�es
a. A lawfully exis�ng nonconforming school, park, library, fire sta�on, church or other public or quasi-public use may be added to, extended or altered; provided, that such addi�ons, extensions or altera�ons do not extend beyond the boundaries of the exis�ng site; and provided that such addi�ons, extensions or altera�ons comply with the development standards and all other provisions of this �tle. (Ord. 822 §1, 1989)
b. The planning commission, by writen finding, may determine that a par�cular public u�lity facility or installa�on, nonconforming to the requirements of this �tle, is necessary to serve the areas in which it is located. The public u�lity facility may then be extended, or altered provided the facility does not extend beyond the boundaries of the exis�ng site, and provided that the addi�on, extension, or altera�on complies with all other provisions of this �tle. (Ord. 822 §1, 1989)
F. Change of nonconforming use: No nonconforming use shall be changed to another nonconforming use, nor shall a nonconforming use be extended to displace a conforming use except in accordance with the provisions of this �tle. (Ord. 822 §1, 1989)
G. Reversion to nonconforming status: Any por�on of a nonconforming building or use which is altered or changed to a conforming use shall not therea�er be used for a nonconforming use. (Ord. 822 §1, 1989)
H. Abandonment of a nonconforming building or use – extensions: Where a nonconforming building, structure or use of a building, structure, or land has ceased for a period of ninety days or longer, such nonconformity shall be deemed to be abandoned. All nonconforming rights and privileges pertaining to such nonconforming building, structure or use are terminated on the ninety-first day.
However, the property owner may apply for a nonconforming extension permit no later than one month prior to the end of the ninety-day period extending such ninety-day period for a period not to exceed two years. The director of community services may approve, condi�onally approve, modify or deny the permit. In the event the director of community development grants such permit, the nonconforming rights and privileges pertaining to such nonconforming building, structure or use shall remain in effect un�l the earlier of the following events: the nonconforming building or structure is demolished; in the case of a nonconforming use, such use is replaced with a conforming use; or the day a�er the expira�on date of the extension. (Ord. 1162 §1, 2012; Ord. 822 §1, 1989) I. Limita�ons on other uses: While a nonconforming use exists on any lot or parcel of land, no new use may be established thereon, unless the following condi�ons exist:
a. Each exis�ng and proposed use, including all accessory buildings and uses, shall be located on a lot or parcel of land having the area required in the zone district for such use.
b. These uses shall be so located that the lot or parcel of land can be subdivided into individual parcels, each of which shall contain no less area than required by the zone district in which the property is located. All subdivisions shall comply with the requirements of the subdivision ordinance of the city. (Ord. 822 §1, 1989)
J. Required termina�on periods of nonconformi�es: Each nonconforming building, structure or use shall be completely removed or altered to conform to the regula�ons of the zone district in which it is located within the following specified periods of �me.
Nonconforming buildings and structures
Where the property is developed only with
minor structures. A minor structure means any
structure not requiring a building permit
3 years
Residential structures (single-family residential
dwellings, two-family dwellings, three-family
dwellings, and multiple-family dwellings) except
those structures permitted pursuant to Chapter
17.05. 35 years from the date of construction or 20
years from the effective date of the regulations
codified in this chapter, whichever is later
Commercial building and structures (including
stores, offices, hotels and the like)
25 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Industrial buildings and structures (including
factories, shops and similar industrial buildings)
40 years from date of construction or 20 years
from effective date of the regulations codified in
this chapter, whichever is later
Metal buildings not in compliance with metal
building regulations
March 17, 1989
On-site signs which have been abandoned or
which rotate or have moving lighting devices
180 days
Any nonconforming structure which is
destroyed or damaged to an extent exceeding
50% of its replacement value, including
nonconforming residential structures
120 days from the date of such damage or
destruction
Any nonconforming structure not covered
otherwise by these regulations
5 years from the effective date of the
regulations codified in this chapter
Nonconforming uses of building or land
Nonconforming use of a conforming structure 7 years from effective date of these regulations codified in this chapter
Mobile home parks 35 years from date of construction or 20 years from effective date of regulations codified in
this chapter, whichever is later
All other nonconforming uses 5 years from effective date of these regulations Determination of the termination date
Nonconforming structures or uses which were
conforming immediately prior to the effective date
of Ordinance No. 182, the
Time period shall be measured from the
effective date of said ordinance.
For structures or uses which hereinafter become
nonconforming due to any zone change or other
amendment to the zoning ordinance
Time period shall be measured from the
effective date of such zone change or
amendment.
For structures or uses which first became
nonconforming by the provisions of any city or
county ordinance prior to the effective date of
Ordinance No. 182
Time period shall be measured from the date
such structures or uses first became
nonconforming. (Ord. 964 §8, 1995; Ord. 822
§1, 1989)
Extension of termination date
In establishing the termination date for nonconforming structures and uses, it is recognized that there may be some uses which entail a substantial investment in time and money and which may require a greater period of time to amortize than provided in Section 17.03.170 J. “Nonconforming uses of building or land”. Any party may petition the planning commission for an extension of time for the termination of a nonconforming use or structure. The planning commission shall conduct a hearing on the petition and shall determine the appropriateness of the request. A copy of the recommended action shall be forwarded to the city council for final disposition. (Ord. 822 §1, 1989) K. Removal of structures: Prior to the expira�on of the termina�on period, the nonconforming structure shall be completely removed or brought into compliance with the requirements of these regula�ons. The city shall not be liable for the cost of altering or removing any nonconforming structure or use. If the nonconforming use or structure is not brought into compliance with the requirements of these regula�ons, or removed in accordance with the date established in this chapter, the city shall have the right to declare the structure to be a public nuisance and to cause its removal in accordance with the provisions of Chapter 8.36. (Ord. 964 §9, 1995; Ord. 822 §1, 1989) L. Appeals: Any party who has been administra�vely ordered by the city to terminate a nonconforming use shall have the right of appeal to the city council if he or she has reason to feel that such order is unreasonable or would cause undue hardship. The city council may affirm the order or may extend the date upon which the nonconformity must be terminated. (Ord. 822 §1, 1989)
17.03.180 Modifica�on of development standards.
A. Purpose: The purpose of the modifica�on of development standards is to permit a property owner or tenant to deviate from the strict applica�on of property development standards of the zone district in which his or her property is located in cases of demonstrable hardships not warran�ng the gran�ng of a variance. Such devia�ons shall be minor in nature. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Authority: All modifica�ons of development standards must be approved by the community development director or designee who shall have the authority to modify standards as they apply to yard and setback requirements, building height, sign height or area, parking and landscaping. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Extent of modifica�on of development standards:
1. Yard and setback standards may be modified by twenty percent of the zone district requirements.
2. Building height standards may be modified by ten percent of the zone district requirements.
3. Maximum sign height requirements may be modified by twenty percent and maximum sign area requirements may be modified by twenty percent.
4. Parking requirements may be modified by:
a. Ten percent; or
b. Twenty percent with an approved valet parking plan.
5. Landscaping requirements may be modified by ten percent of the zone district and parking ordinance requirements. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 925 §1, 1993; Ord. 822 §1, 1989)
D. Applica�on and fee: A request for modifica�on of development standards shall be filed on forms prescribed by the community development director and shall be accompanied by a plot plan(s) and a fee, as established by writen resolu�on of the city council. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
E. Plans required and plot plan review: A plot plan shall be submited to the director of community development for any use requiring a modifica�on of development standards. The plot plan shall include, but shall not be limited to, loca�on of building and structures, areas designated for offstreet parking and loading, circula�on, landscaping, trash enclosures and the loca�on of mechanical equipment. The community development director or designee shall review the plot plan and requested modifica�on of standards to ensure that the intent and purpose of the zone district in which the property is located is implemented, that the requested modifica�on is within the limits of Sec�on 17.03.170 C. that the required showings have been made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
F. Required showing by the applicant: Before any modifica�on of standards will be granted, the applicant shall be required to make the following showing:
1. That the modifica�on requested is warranted by condi�ons applicable to the subject property;
2. That the modifica�on, if granted, would not be detrimental to the property owners in the area or to the general public. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) G. Condi�ons of approval: Any modifica�on of development standards granted shall be subject to such condi�ons as will ensure that the adjustment thereby authorized shall not cons�tute a grant of special privileges inconsistent with the limita�ons upon other proper�es in the vicinity and in the zone district within such property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
H. No�ce of decision: Following the ac�on by the community development director or designee, in gran�ng or denying the request for a modifica�on of development standards, a leter shall be mailed
to the applicant at the address shown on the applica�on form and to any other person reques�ng a copy, advising of the decision made. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) I. Expira�on: Unless otherwise specified in the ac�on gran�ng the modifica�on of development standards, any modifica�on which has not been u�lized within six months from the effec�ve date of approval shall be null and void. The abandonment or nonuse of a modifica�on for any period of six consecu�ve months shall terminate the modifica�on and any privileges granted thereunder shall become null and void. A six-month extension may be granted by the community development director. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) J. Appeal: An appeal of a decision of the community development director may be made to the planning commission. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989) K. Final review of plans: Before a building permit may be issued, the director of community development, or representa�ve, shall sign the plot plan cer�fying that it complies with the condi�ons established and with the intent and purpose of the zone district in which the property is located. (Ord. 1237 §8, 2019; Ord. 963 §39, 1995; Ord. 822 §1, 1989)
17.03.190 Miscellaneous standards and permited encroachments.
A. Purpose: These standards are designed to ensure that property in the various zone districts established throughout the city are developed in a uniform and orderly manner and will promote the public health, safety, convenience, and general welfare. These development standards shall apply in addi�on to any other standards which may be established. (Ord. 822 §1, 1989) B. Accurate dimensions and calcula�ons required—Viola�on: In measuring lot dimensions and other requirements set forth in this �tle, it shall be the responsibility of the property owner or authorized agent to provide accurate dimensions and calcula�ons, and no person shall submit inaccurate dimensions or calcula�ons. The submission of inaccurate dimensions which result in a lot or structure not complying with the requirements set forth in this �tle shall cons�tute a viola�on of this �tle, and any permits or approvals granted thereunder shall be void. (Ord. 822 §1, 1989) C. Minimum lot area: No lot shall be created with an area less than the minimum required, nor shall any exis�ng lot be reduced in area to less than the minimum required in the zone in which such lot is located. (Ord. 822 §1, 1989)
D. Permited encroachments: The following projec�ons may extend not more than four feet into a required side yard; provided, however, that the projec�ons shall not in any event be closer than three feet to any rear or side property line:
1. Cornices, eaves, belt courses, sills, butresses or other similar architectural features
2. Fireplace structure not wider than eight feet, measured in the general direc�on of the wall of which it is a part
3. Stairways, balconies and fire escapes, provided that balconies may extend three feet into the required front setback when above the ground floor
4. Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front and side yard
5. Planter boxes or masonry planters not exceeding forty-two inches in height
6. Guard railings around ramps not exceeding forty-two inches in height
7. A porte cochere over a driveway in a side yard, provided such structure is not more than one story and is en�rely open on at least three sides, except for the necessary suppor�ng columns and customary architectural features, and is a minimum of thirty-six inches from the side property line. (Ord. 822 §1, 1989)
E. Distance between buildings: In the residen�al zones, all buildings or structures herea�er designed or erected, and all exis�ng buildings herea�er altered shall have a minimum distance of six feet between main buildings or between main buildings and accessory buildings unless a greater distance is required by any other applicable code or regula�on. (Ord. 963 §31, 1995; Ord. 822 §1, 1989) F. Distance between buildings—Permited encroachments: The following projec�ons may extend into the required open space between buildings:
1. Cornices, eaves, belt courses, sills, butresses, or similar architectural features may extend no more than two feet into the required distance.
2. Fireplace structures not wider than eight feet measured in the general direc�on of the wall of which it is a part may extend not more than two feet into the required distance.
3. Stairways and fire escapes.
4. Uncovered porches which do not extend above the floor level on the first floor.
5. Balconies may extend not more than three feet into the required distance.
6. Plan�ng boxes or masonry planters and similar features.
7. Guard railings around ramps. (Ord. 822 §1, 1989)
G. Required yards—Not transferable: No yard or other open space required around a use or structure for the purpose of complying with the provisions of this �tle shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot. (Ord. 822 §1, 1989) H. Measurement of building area: The area of a building shall be measured from plans submited by the property owner or authorized agent. In the case of an exis�ng building, measurement may be made on the site. The area of a building shall be measured to include the total floor area within the exterior walls of the structure, except that garages, porte cocheres, porches, decks, pa�os, breezeways and similar elements shall not be included in measuring the area of a building. (Ord. 822 §1, 1989)
I. Visibility: All corner lots subject to yard requirements shall be maintained for safety vision purposes, a triangular area at the street intersec�on corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fi�een feet along the front and side lot lines from their point of intersec�on, or in case of a rounded lot corner, from the point of intersec�on of the extension of said lot lines. Within such triangular area, no tree, fence, shrub or other physical obstruc�on higher than forty-two inches above the established curb grade
shall be permited. This sec�on shall not be deemed to set aside or reduce the requirements established for security fencing either by local, state, or federal law or by safety requirements of the board of educa�on. (Ord. 822 §1, 1989)
J. Swimming pools—Loca�on: A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. (Ord. 822 §1, 1989) K. Swimming pools—Enclosure: Swimming pools shall be enclosed and secured as required by the city’s Building Code. All required fencing and security devices must be in place and approved before any water is put into the pool. (Ord. 963 §32, 1995; Ord. 822 §1, 1989) L. Height measurement of fences and walls: The height of a fence or wall shall be measured at the highest finished grade within three feet of either side of the wall or fence. In order to allow for varia�ons in topography, the height of said wall or fence may vary an amount not to exceed six inches from the maximum permited height contained in the regula�ons of the zone district in which the site is located. (Ord. 822 §1, 1989)
M. Government excep�on: The provisions of this �tle shall not apply to a fence or wall required by regula�on for security fencing of any use by any local, state, or federal law, or other governing agency. (Ord. 822 §1, 1989)
N. Construc�on and altera�on subject to design standards: No building permit shall be issued for construc�on or altera�ons in the commercial, manufacturing and commercial manufacturing zones which meet the following criteria unless the director of planning or designee determines that the construc�on or altera�on authorized by that building permit conforms to the design guidelines adopted by resolu�on of the city council:
1. Construc�on of a building with a gross floor area greater than five thousand square feet; or
2. Construc�on of an addi�on of at least five hundred square feet to an exis�ng building so that the combined gross floor area of the exis�ng building and the addi�on exceeds five thousand square feet; or
3. Structural altera�ons of more than fi�y percent of the exterior walls of an exis�ng building. (Ord. 964 §12, 1995)
17.03.200 Enforcement.
A. Intent and purpose: The purpose of this chapter is to define and clarify the powers of the city to enforce the provisions of the zoning ordinance. It is also the purpose of this chapter to define viola�ons of the ordinance and to prescribe penal�es and remedies for such viola�ons. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
B. Applicability: The provisions of this chapter are applicable not only to private persons, agencies, and organiza�ons, but also to all public agencies and organiza�ons to the full extent that they may be enforceable in connec�on with the ac�vi�es of any such public agency or organiza�ons. Where specific chapters of this �tle include language concerning viola�ons, penal�es and remedies, the provisions of those chapters shall apply. (Ord. 963 §39, 1995; Ord. 822 §1, 1989)
C. Issuance of licenses and permits: No license or permit for a use, building, or purpose where the issuance of such license or permit would be in conflict with the Zoning Ordinance shall be issued. All departments, officials or other employees of the city vested with the authority to issue licenses or permits shall not issue such permits or licenses which would not be in conformity with the provisions of the zoning ordinance. Any license or permit so issued shall be null and void. (Ord. 963 §§39, 43, 1995; Ord. 822 §1, 1989)
D. Penal�es: Any firm, corpora�on, person or persons viola�ng any of the provisions of this �tle shall be deemed guilty of a misdemeanor and upon convic�on thereof shall be punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months or both such fine and imprisonment at the discre�on of the court. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989) E. Each day a separate viola�on: Each person, or persons viola�ng any of the provisions of this �tle shall be deemed guilty of a separate offense for every day during which any viola�on of any provision of the zoning �tle is commited, or con�nued by such persons, firms or corpora�on and shall be punishable as provided in this chapter. (Ord. 963 §§39, 44, 1995; Ord. 822 §1, 1989
17.03.210 Catering vehicle as a condi�onally permited accessory use to a restaurant.
A. Purpose: The purpose of this sec�on is to condi�onally permit catering vehicles as an accessory use in conjunc�on with full-service restaurants. The development standards set forth herein are designed to ensure that any proposed accessory use will be compa�ble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) B. Retail sales of food from a catering vehicle: The owner or operator of a full-service restaurant may apply for a condi�onal use permit pursuant to Sec�on 17.03.060 to sell and serve food from a catering vehicle as an accessory use in conjunc�on with that restaurant. The city may impose reasonable condi�ons to ensure that the proposed use will be compa�ble with surrounding uses and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007) C. Applica�on requirements: As part of the applica�on, the applicant must provide evidence establishing:
1. Permission to Operate. Ownership of the property upon which the restaurant is located or that the property owner has granted permission to allow the vehicle to be parked on the property for the purpose of conduc�ng sales and service of food therefrom.
2. Restaurant Has All Necessary Permits. The restaurant has received all necessary permits.
3. Licensing Requirements. The applicant has complied with the licensing requirements for the vehicle set forth in Sec�on 5.08.060(i) through (iv).
4. Compa�bility with Surrounding Uses and Property. The proposed accessory use will be compa�ble with uses and property in the vicinity and will not be detrimental to the health, safety and welfare. (Ord. 1094 §1, 2007)
D. Development and opera�onal standards: In addi�on to sa�sfying the criteria set forth in Sec�on
17.03.060 and state law governing condi�onal uses, the applicant must comply with the following:
1. Loca�on Criteria. The catering vehicle shall park in the area designated for parking for the restaurant. The catering vehicles shall not, at any �me, block access to or from the parking lot or park in an area used for landscaping or walkway surfaces.
2. Opera�onal Standards. The operator shall comply with the following standards:
a. No flashing lights or temporary signage is permited on the vehicle or in the parking area. b. No table or sea�ng is permited in the parking area.
c. Outdoor speakers or music are prohibited.
d. The restaurant’s restroom facili�es must be open to employees and patrons at all �mes when the catering vehicle is open for business.
e. The operator shall provide trash receptacles within ten feet of the vehicle at all �mes the vehicle is open for business.
f. The vehicle may only be open for business between the hours of six p.m. and two a.m. each day.
g. The parking area shall be clean at all �mes. During the hours that the catering vehicle is not open for business, the vehicle must be removed from the site or parked in an area where the vehicle is not visible from the street.
h. The vehicle must contain a cash register to record all sales. The operator must maintain register receipts for each month of the year.
i. There shall be no sale or service of alcoholic beverages from the vehicle. Signs shall be posted indica�ng no consump�on of alcohol or loitering in the parking area. j. The vendor shall maintain the parking area in a neat and orderly condi�on, and collect and dispose in a sanitary manner all debris, garbage, papers, trash, discarded food and liter generated by the vehicle. (Ord. 1094 §1, 2007)
17.03.220 Electric vehicle charging systems.
A. Purpose: The purpose of this sec�on is to promote and encourage the use of electric vehicles by crea�ng an expedited, streamlined permi�ng process for electric vehicle charging sta�ons while promo�ng public health and safety and preven�ng specific adverse impacts in the installa�on and use of such charging sta�ons.
B. Applicability: This sec�on applies to the permi�ng of all electric vehicle charging systems in the City.
Electric vehicle charging systems legally established or permited prior to the effec�ve date of this sec�on are not subject to the requirements of this sec�on unless physical modifica�ons or altera�ons are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permi�ng. Rou�ne opera�on and maintenance or like-kind replacements shall not require a permit.
C. Electric Vehicle Charging System Requirements:
1. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automo�ve Engineers, the Na�onal Electrical Manufacturers Associa�on, and accredited tes�ng laboratories such as Underwriters Laboratories, and rules of the Public U�li�es Commission regarding safety and reliability.
2. All electric vehicle charging sta�ons shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and u�lity director, the California Building Code, City of South El Monte Municipal Code, and Federal laws including the Americans with Disabili�es Act.
3. Installa�on of electric vehicle charging sta�ons shall be incorporated into the load calcula�ons of all new or exis�ng electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a con�nuous load.
4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging sta�ons shall meet the requirements of the California Building or Residen�al Code as applicable per occupancy, and the provisions of the manufacturer's installa�on instruc�ons. Moun�ng of charging sta�ons shall not adversely affect building elements.
D. Du�es of the City’s Chief Building Official:
1. All documents required for submission of an electric vehicle charging system applica�on shall be made publicly available on the City's website.
2. The chief building official shall allow the electronic submital of the electric vehicle charging sta�on applica�on.
a. An applicant's electronic signature shall be accepted on all forms, applica�ons, and other documents in lieu of a wet signature.
3. By resolu�on, the City Council shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.
4. The electric vehicle charging system permit process and checklist shall substan�ally conform to recommenda�ons contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permi�ng Checklist contained in the Zero-Emission Vehicles in California:
Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.
Table 17.03.220-A Development Standards for Plug-In Electric Vehicle Charging Standard Requirement
Garages
serving a new
single-family
residence
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.
Garages
serving each
unit of a duplex
Must be constructed with a listed cabinet, box or enclosure connected to a raceway linking the garage to the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.
Garages
serving new
multifamily –
10 units or less
All required parking spaces shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide EVCSs at such time as it is needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state and federal requirements.
Garages
serving new
multifamily –
10 units or
more
10% of the total parking spaces required (all of the 10% shall be located within the required covered parking) shall be provided with a listed cabinet, box or enclosure connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official. Of the total listed cabinets, boxes or enclosures provided, 50% shall have the necessary electric vehicle supply equipment installed to provide active EVCSs ready for use by residents. The remainder shall be installed at such time as they are needed for use by residents. EVCSs shall be provided in disabled parking spaces in accordance with state requirements.
Parking serving
new
commercial,
industrial or
other uses
New commercial, industrial and other uses with the building or land area, capacity or numbers of employees listed herein shall provide the electrical service capacity necessary and all conduits and related equipment necessary to ultimately serve 2% of the total parking spaces with EVCSs in a manner approved by the building and safety official. Of these parking spaces, 1/2 shall initially be provided with the equipment necessary to function as online EVCSs upon completion of the project.
The remainder shall be installed at such time as they are needed for use by customers, employees or other users. EVCSs shall be provided in disabled person parking spaces in accordance with state and federal requirements. • Construction of a hospital of 500 or more beds, or expansion of a hospital of that size by 20% or more.
• Construction of a postsecondary school (college), public or private, for 3,000 or more students, or expansion of an existing facility having a capacity of 3,000 or more students by an addition of at least 20%.
• Hotels or motels with 500 or more rooms. d. Industrial, manufacturing or processing plants or industrial parks that employ more than 1,000 persons, occupy more than 40 acres of land or contain more than 650,000 square feet of gross floor area.
• Office buildings or office parks that employ more than 1,000 persons or contain more than 250,000 square feet of gross floor area.
• Shopping centers or trade centers that employ 1,000 or more persons or contain 500,000 square feet of gross floor area.
• Sports, entertainment or recreation facilities that accommodate at least 4,000 persons per performance or that contain 1,500 or more fixed seats. • Transit projects (including but not limited to transit stations and park and ride lots).
E. Permit Review Requirements:
1. The Building Official shall implement an administra�ve review process to expedite approval of electric vehicle charging sta�ons. Review of a complete permit applica�on shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regula�ons
necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installa�on. For direct current fast chargers (DCFC), the review of a complete permit applica�on will be a fi�een business day �meline.
2. A permit applica�on that sa�sfies the informa�on requirements in the checklist, as adopted by the City, shall be deemed complete.
3. A complete permit applica�on and proposed installa�on that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.
4. An applicant that provides an incomplete permit applica�on shall be provided with a writen correc�on no�ce detailing all deficiencies in the applica�on and any informa�on required to be eligible for expedited permit issuance.
5. The Building Official may require an applicant to apply for a condi�onal use permit if the official makes a writen finding, based on substan�al evidence, that the proposed electric vehicle charging sta�on could have a specific, adverse impact upon the public health or safety and condi�ons are necessary. The decision of the Building Official may be appealed to the City Planning Commission.
6. The Director may not deny an applica�on for a condi�onal use permit unless writen findings are made based upon substan�al evidence in the record that the proposed installa�on would have a specific, adverse impact upon the public health or safety, and there is no feasible method to sa�sfactorily mi�gate or avoid the specific, adverse impact. The Director's writen findings shall include the basis for the rejec�on of poten�al feasible alterna�ves or condi�ons for preven�ng the adverse impact. The decision of the Director may be appealed to the City Planning Commission.
7. Any condi�ons imposed on an applica�on shall be designed to mi�gate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Sec�on 65850.7 requires that the Building Official shall not condi�on the approval for any condi�onal use permit on the approval of such a system by an associa�on, as that term is defined by Civil Code 4080.
8. A feasible method to sa�sfactorily mi�gate or avoid the specific, adverse impact includes, but is not limited to, any cost-effec�ve method, condi�on, or mi�ga�on imposed by the City on another similarly situated applica�on in a prior successful applica�on for a permit.
17.03.230 Massage establishments.
A. Loca�on criteria: A massage establishment may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:
1. A massage establishment shall not be established or located within five hundred feet of any exis�ng massage establishment. The distance between any two massage establishments shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each establishment.
2. A massage establishment may not open or operate in a loca�on where that establishment or a prior massage establishment was closed due to criminal ac�vity, had its condi�onal use permit revoked, or had a massage establishment permit revoked any �me within the past three years. (Ord. 1195 §14, 2015)
B. Condi�on use permit required: A condi�onal use permit shall be required for the establishment of any massage establishment. The following provisions shall govern the issuance of condi�onal use permits for massage establishments:
1. Applica�ons for condi�onal use permits under this sec�on shall be subject to the procedures and requirements of Sec�on 17.03.060.
2. In considering applica�ons for massage establishments, the planning commission shall be guided by the provisions of Sec�on 17.03.060 and this sec�on. However, in the event of any inconsistency in said standards, the provisions of this sec�on shall govern.
3. In gran�ng a condi�onal use permit, the planning commission may impose condi�ons if the planning commission determines such condi�ons are necessary to minimize any adverse effect of the proposed use on proper�es and uses in the area and the rest of the city.
4. A massage establishment shall not operate under any name or conduct business under any designa�on not specified in the applica�on for the condi�onal use permit, which shall be iden�cal as the name listed in the applica�ons for the city business license and massage establishment permit.
5. Any informa�on of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be cer�fied by a licensed professional engineer.
6. An applicant for a condi�onal use permit shall submit the informa�on described in this sec�on and a non-refundable fee as established in the city’s schedule of fees by resolu�on of the city council to reimburse the city for the costs of reviewing the applica�on.
7. In addi�on to any informa�on required for applica�ons for a city business license pursuant to Title 5 of this Code, a massage establishment permit pursuant to Chapter 5.22 of this Code, and condi�onal use permits pursuant Sec�on 17.03.060 of this Code, an applicant for a condi�onal use permit for a massage establishment shall submit the following informa�on:
a. A legal descrip�on of the parcel.
b. Proof of legal �tle or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.
c. If the massage establishment has a leasehold interest in the real property, a cer�fied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
d. A scaled site plan.
e. A descrip�on of all physical changes proposed to the property, whether permanent or impermanent, both inside and outside of the building.
f. The separa�on distance from other exis�ng massage establishments shall be shown on an updated site plan or map.
g. A descrip�on of compliance with all facility requirements in Chapter 5.22 of this Code. h. In addi�on to any standards for considera�on of condi�onal use permit applica�ons pursuant to Sec�on 17.03.060 of this Code, the planning commission shall consider the following factors in determining whether to issue a condi�onal use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission determines that the goals of this sec�on are beter served thereby.
i. No massage establishment shall be sited in a loca�on where the applicant cannot produce proof of legal �tle or a possessory or leasehold interest in that real property and a cer�fied statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.
j. No massage establishment shall be sited within five hundred feet of an exis�ng or otherwise approved massage establishment.
k. No massage establishment shall be sited in a zone where it is not permited. l. No massage establishment shall violate any provision regarding facility requirements within Chapter 5.22 of this Code. (Ord. 1195 §14, 2015)
C. Amor�za�on and regula�on of nonconforming massage establishments:
1. Any use of real property exis�ng on April 1, 2015, which does not conform to the provisions of this sec�on, but which was constructed, operated and maintained in compliance with all previous regula�ons prior to March 11, 2014, shall be regarded as a nonconforming use.
2. Any nonconforming use pursuant to this sec�on may con�nue in opera�on un�l June 30, 2017, provided that use and its facility is in compliance with all other laws, except the use restric�ons in the zoning ordinance; the use is not extended, enlarged, moved or altered so as to occupy land outside the current structure(s); and the use is not discon�nued or abandoned for a con�nuous period of one hundred eighty days or more.
3. Any nonconforming use pursuant to this sec�on may apply for a condi�onal use permit pursuant to Sec�on 17.03.230 B. In the event the city grants the condi�onal use permit, such use shall be considered to be a conforming use.
4. The city manager may approve an extension of �me un�l termina�on pursuant to Sec�on
17.03.230 D. (Ord. 1195 §14, 2015)
D. Extension of �me for termina�on of nonconforming use: The owner or operator of a nonconforming use as described in Sec�on 17.03.230 C may apply under the provisions of this sec�on to the city manager for an extension of �me within which to terminate the nonconforming use, as follows:
1. The owner of the real property upon which such use operated or the operator of the use may file an applica�on for an extension of �me within which to terminate a use made nonconforming
by the provisions of this sec�on. Such applica�on must be filed with the city manager at least sixty days but no more than ninety days prior to the expira�on of the �me established in Sec�on
17.03.230 B for termina�on of such use.
2. The applica�on shall state the grounds for reques�ng an extension of �me. The filing fee for such applica�on shall be the same as that for a variance as is set forth in the city’s schedule of fees established by resolu�on from �me to �me by the city council. An applica�on which fails to state a basis upon which an extension may be granted, as set forth in subsec�on D of this sec�on, shall be returned to the applicant as nonresponsive, together with the applica�on fee less any administra�ve costs of processing the applica�on.
3. The city manager shall appoint a hearing officer to hear the applica�on. The hearing officer shall set the mater for hearing within twenty days of receipt of the applica�on. All par�es involved:
shall have the right to offer tes�monial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admited. Any hearing under this sec�on may be con�nued for a reasonable �me for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Sec�on 1094.6.
4. An extension under the provisions of this sec�on shall be for a reasonable period of �me commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
a. The applicant has made a substan�al investment (including, but not limited to, lease obliga�ons) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made before April 1, 2015;
b. The applicant will be unable to recoup said investment as of the date established for termina�on of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a loca�on in conformance with Sec�on 17.03.230 C. (Ord. 1195 §14, 2015)
Chapter 17.04
ZONING MAP
Sections
17.04.010 Zoning Map.
17.04.020 Zone districts established.
17.04.030 Official zoning map.
17.04.040 Revision to, and amendment of the official zoning map.
17.04.050 Interpretation of the official zoning map.
17.04.010 Zoning Map.
17.04.020 Zone districts established.
In order to carry out the purpose and provisions of this �tle, the city is divided into the following zone districts:
A. Single-Family Residen�al Zone (R-1) (Ch. 17.05);
B. Mul�ple-Residen�al Zone (R-2) (Ch. 17.05);
C. Mul�ple-Residen�al Zone (R-3) (Ch. 17.05;
D. Commercial Zone (C) (Ch. 17.06);
E. Commercial-Residen�al Zone (C-R) (Ch. 17.07);
F. Commercial-Manufacturing Zone (C-M) (Ch. 17.09);
G. Manufacturing Zone (M) (Ch. 17.09);
H. Public Facili�es Zone (P-F) (Ch. 17.08).
17.04.030 Official zoning map.
The loca�on and boundaries of the zone districts established by Sec�on 17.04.020 are set forth on the official zoning map of the city and which map, with all loca�ons, references, and other informa�on shown thereon is incorporated herein by reference. (Ord. 822 §1, 1989)
17.04.040 Revision to, and amendment of the official zoning map.
All amendments and changes to the official zoning map adopted according to the provisions of this �tle shall be considered a part of these regula�ons and of the official zoning map at the �me of the effec�ve date of all changes and amendments. The city council may, from �me to �me, order revision of the official zoning map so as to include all changes to date. No changes shall be made to the map which have not been officially adopted according to the provisions of this �tle. The revised map shall become the official zoning map of the city and shall replace the preceding map. (Ord. 822 §1, 1989)
17.04.050 Interpreta�on of the official zoning map.
Where uncertain�es exist as to the boundaries of any zone district indicated on the official zoning map, the following shall apply:
A. Street, alley, railroad right-of-way, water channel, or other right-of-way indicated on the official zoning map shall be included within the zone district of the adjoining property.
B. Where a street, alley, railroad right-of-way, water channel, or other right-of-way serves as a boundary between two or more zone districts, the centerline of the right-of-way or water channel shall be considered the zone district boundary.
C. Where uncertainty s�ll exists, the planning commission shall, by writen resolu�on, determine the loca�on of the zone district boundary.
D. In the event that a vacated street, alley or other right-of-way has been the boundary between two or more zone districts prior to its vaca�on, the new zone district boundary shall be at the new property line. Where the vaca�on does not involve the establishment of a new property line, the new zone district boundary shall be fixed by writen resolu�on of the planning commission. (Ord. 822 §1, 1989)
Chapter 17.05
RESIDENTIAL ZONES – STANDARDS AND USES
Sections
17.05.010 Intent and purpose.
17.05.020 Uses.
17.05.030 Property development standards.
17.05.040 Minimum yard requirements.
17.05.050 Open space requirements.
17.05.060 Electronic gates.
17.05.070 Landscaping.
17.05.080 Fences, walls, and hedges.
17.05.090 Parking requirements.
17.05.100 Access.
17.05.110 Pedestrian safety.
17.05.120 Miscellaneous standards (Multiple-Residential Zone (R-3) only).
17.05.010 Intent and purpose.
A. Single-Family Residential Zone (R-1): The single-family residential zone (R-1) is designed to provide for conservation and development of stable, attractive single-family residential neighborhoods, protected from encroachment by uses which may be detrimental to the enjoyment of property rights. (Ord. 822 §1, 1989)
B. Multiple-Residential Zone (R-2): The multiple-residential zone (R-2) is designed to permit multiple development on existing smaller lots which are not suitable for more intensive multiple residential development. These regulations will permit better utilization of properties while retaining the low-density single-family appearance of the areas. (Ord. 822 §1, 1989) C. Multiple-Residential Zone (R-3): The multiple-residential zone (R-3) is designed to provide areas throughout the city in which a range of multiple residential development can be located and protected from encroachment by incompatible uses. (Ord. 822 §1, 1989)
17.05.020 Uses.
No building or structure shall be erected, reconstructed or structurally altered or enlarged nor shall any building, structure or land be used for any purpose except as allowed by this chapter. (Ord. 822 §1, 1989)
Table 17.05.020-A Permitted Uses
Zone
Use Single-Family
Residential Zone
(R-1)
MultipleResidential
Zone (R-2)
MultipleResidential
Zone (R-3)
One additional single family dwelling
(provided the lot contains a minimum
of 10,000 sqft of lot area and provided
that all setbacks, lot coverage
limitations and parking requirements
can be met)
P X X
Agricultural uses X X X
Boarding or roominghouses (10 guests
or fewer)
C C C
Places of Worship X X X
Commercial Uses X (except as
permitted within
this table)
X (except as
permitted
within this
table)
X (except as
permitted
within this
table)
Community care facilities (6 persons or
fewer)
P P P
Community care facilities (7 persons or
more)
P P P
Conversion of a garage into any other
use except ADUs as permitted by state
law (unless a replacement garage in on
site)
X X X
Duplexes P P P
Emergency shelters, transitional and
supportive housing
P P P
Ground-mounted satellite antennae –
accessory building/use
P P P
Home Occupation P P P
Large day care facilities (14 children or
fewer)
C C C
Metal buildings X X X
Mobile Home and trailer as part of an
approved mobile home/trailer park
(legally est. before January 01, 1980)
P P P
Mobile home parks X C C
Multiple-family dwellings (3 units or
more)
X P P
Off site signs (such as billboards) X X X
On site signs P P P
Patios – accessory building/use P P P
Private garages – accessory
building/use
P P P
Private swimming pools – accessory
building/use
P P P
Recreation rooms – accessory
building/use
P P P
Schools (public or private) X X X
Second units (pursuant to the
requirements spelled out in this
Chapter 17.05)
P P P
Senior citizen developments C C C
Single-family dwellings P P P
Small day care facilities (for the care of
8 or fewer children)
P P P
Supportive housing P P P
Triplexes X P P
Vegetable and flower gardens P P P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
A = Permitted as an Ancillary Use
X = Prohibited Use
17.05.030 Property development standards.
A. Property Development Standards for Single Family Residential Zone (R-1) – Generally:
Development standards for the R-1 zone can be found below in 17.05.030-A; large day care facilities and second units shall be subject to the additional development standards contained in Chapters 17.03, 17.10, 17.11, 17.12, 17.13 and 17.14, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-1 zone district regulations. (Ord. 822 §1, 1989)
B. Property Development Standards for Multiple-Residential Zone (R-2) – Generally: Development standards for the R-2 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to development standards of the R-1 zone, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-2 zone district regulations. (Ord. 822 §1, 1989)
C. Property Development Standards for Multiple-Residential Zone (R-3) – Generally: Development standards for the R-3 zone can be found below in Table 17.05.030-A; single-family dwellings shall be subject to standards of the R-1 zone and townhouses and condominiums to the provisions of Section 17.11.130, and provided further that any lot or parcel which is substandard in width, depth or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the R-3 zone district regulations. (Ord. 822 §1, 1989) Table 17.05.030-A Development Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone
(R-1)
MultipleResidential Zone
(R-2)
MultipleResidential Zone
(R-3)
Low density 1 to 8 du per acre N/A N/A
Medium density Prohibited 9 to 12 du per
acre
16 du per acre
Minimum lot area 5000 sqft 5000 sqft 11000 sqft
Minimum lot area per dwelling unit (du)
(single family)
5000 sqft (a second
unit does not
constitute a
dwelling unit)
5000 sqft (a
second unit does
not constitute a
dwelling unit)
5000 sqft (a second
unit does not
constitute a
dwelling unit)
Minimum lot area per dwelling unit (du)
(2- and 3-family dwellings)
Prohibited 3500 sqft 3500 sqft
Minimum lot area per dwelling unit (du)
(multi-family)
Prohibited Prohibited 2750 sqft
Minimum lot width (non-cul-de-sac) 50 ft 50 ft 75 ft
Minimum lot width (cul-de-sac) 30 ft at the front of
the property
50 ft at the rear of
the front setback
30 ft at the front
of the property
50 ft at the rear
of the front
setback
40 ft at front of the
property
75 ft at the rer of
the front set-back
Maximum lot coverage 52% 61% 61%
Minimum lot depth None 100 ft 100 ft
Maximum building height 2 stories or 28 ft
(whichever is less)
3 stories or 30 ft
(whichever is
less)
3 stories or 35 ft
(whichever is less)
Minimum distance between main
buildings
None specified 15 ft 15 ft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Single-family dwellings)
950 sqft 950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(duplexes)
Duplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(triplexes)
Triplexes
prohibited
950 sqft 950 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Detached second units)
500-640 sqft 150-640 sqft 150-640 sqft
Minimum floor area per dwelling unit,
exclusive of patios, garages or porches
(Attached second units)
Maximum : 15% of
gross floor area of
attached residence
Minimum : 150
sqft
Maximum : 15%
of gross floor
area of attached
residence or 200
sqft if residence <
1335 sqft
Minimum : 150 sqft
Maximum : 15% of
gross floor area of
attached residence
or 200 sqft if
residence < 1335
sqft
Refuse enclosures provision None specified Must be
provided when 2
or more units
located on site
Must be sufficient
refuse enclosures
provided to serve
each development
Refuse enclosure dimensions None specified 5 ft x 7 ft
Shall be
completely
enclosed by
5 ft x 7 ft
Shall be completely
enclosed by gates
but not by a roof
gates but not by
a roof
Refuse enclosure materials None specified None specified Wood, masonry, block or a
combination of
such materials
17.05.040 Minimum yard requirements.
Table 17.05.040-A Minimum Yard Standards for Single-Family Residential Zone (R-1), MultipleResidential Zone (R-2) and Multiple-Residential Zone (R-3) Zone Single-Family
Residential Zone (R1)
MultipleResidential Zone
(R-2)
MultipleResidential
Zone (R-3)
Front yard 20 ft 15 ft 15 ft
Side yard (interior or key lot) 5 ft on each side 5 ft on each side 5 ft on each side Side yard (corner or reversed corner lot) 10 ft on the street side
5 ft on the interior
side
10 ft on the
street side
5 ft on the
interior side
10 ft on the
street side
5 ft on the
interior side
Rear yard 15 ft 15 ft 15 ft
Through lot – setbacks on street frontage Equal to required yard depth
Equal to required
yard depth
Equal to
required yard
depth
Legally existing substandard widths and
depths
Side and rear yards
of not less than ten
or fifteen percent of
the required width
or depth,
respectively, shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent of
the required
width or depth,
respectively,
shall be
maintained
Side and rear
yards of not less
than ten or
fifteen percent
of the required
width or depth,
respectively,
shall be
maintained
17.05.050 Open space requirements – mul�ple dwellings.
A. Multiple Residential Zone (R-3): A minimum of four hundred square feet of ground level common open space per dwelling unit shall be provided for all multiple dwellings. This required area may be incorporated in landscaping or recreation areas for use by all residents, except that any multiple residential development of five or more units shall include in its design a formal outdoor recreation area for residents which shall include not less than fifty percent of the required open space. The planning commission shall have the authority to modify the percentage of formal recreational space based on the quality of the design submitted and the amenities provided. (Ord. 822 §1, 1989)
1. Open space shall consist of one (1) or more of the following amenities:
a. Playgrounds, play equipment, and/or tot lots;
b. Recreational facilities – fountains, sculptures, etc.;
c. Tennis courts, basketball courts, and similar sports courts; d. Recreational building(s)/room(s);
e. Game areas;
f. Picnic/barbecue areas; and
g. Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
2. The remaining required usable open space may be fulfilled by providing one (1) or more of the following amenities:
a. Landscaping;
b. Gardens;
c. Benches; and
d. Secondary walkways or walks.
17.05.060 Electronic gates.
The provisions of Section 17.05.060 notwithstanding, a minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade. (Ord. 822 §1, 1989)
17.05.070 Landscaping.
All areas not used for buildings, structures, patios, parking or pedestrian walks shall be landscaped with ground cover or other low-water plantings. If an irrigation system is installed (such as sprinklers, bubblers, or diffuser heads) it shall be designed with water conservation in mind. For units in SingleFamily Residential Zone R-1, hose bibs not over fifty feet from any portion of the planted area shall be provided. (Ord. 822 §1, 1989). For units in Multiple-Residential Zones R-2 or R-3, one hose bib for each three automobile parking spaces shall be provided. (Ord. 822 §1, 1989) A. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios.
B. Front and Street Side Yards – Maximum Paving (Hardscape).
1. For properties with a width of sixty feet (60′) or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed forty percent (40%) of the area within the total front setback or street side setback.
2. For properties that are less than sixty feet (60′) wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty percent (50%) of the total front setback or street side setback.
17.05.080 Fences, walls, and hedges.
Single-Family Residential Zone (R-1)
A. Fences, walls and hedges shall be permitted in a required front yard setback provided that no sight obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased in height to six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design is approved by the
director of planning and community development. Fences and walls located to the rear of the front setback and along the side and rear property line shall not exceed six feet in height, except that fences, hedges and walls located adjacent to a freeway right-of-way shall not exceed ten feet in height; provided, that any height increase exceeding six feet will require a building permit.
B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A).
Figure 17.05.080-A Fences, Hedges and Walls—Corner or Reverse Corner Lot (Ord. 822 §1, 1989)
Multiple-Residential Zone (R-2)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other “see through” materials and the design approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.
B. Corner or Reversed Corner Lots. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989) Multiple-Residential Zone (R-3)
A. Interior Lots. Fences, hedges and walls shall be permitted in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other see through materials and the design is approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the front setback and along the side and rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.
B. Corner or Reversed Corner Lot. On property at any corner formed by intersecting streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruction to view higher than forty inches above the reference point located at either:
1. The point of intersection with the prolongation of the curblines; or
2. The point of intersection of the prolongation of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersection, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersection (see Figure 17.05.080-A). (Ord. 822 §1, 1989)
17.05.090 Parking requirements.
For each single-family, duplex, or triplex dwelling unit, not including second units, there shall be provided two parking spaces contained within an enclosed garage. See Chapter 17.16 for parking standards.
A. For each single-family dwelling, there shall be provided two covered parking spaces located within an enclosed garage. Each parking space shall be a minimum of ten feet by twenty feet.
B. Second Units. See Chapter 17.12 of this title.
C. Large Day Care Facilities. See Chapter 17.11 of this title.
D. Parking on Unpaved Areas. No parking, whether the provision of required spaces or other parking, shall be permitted on unpaved areas in the front setback or in the side yard of a corner or reversed corner lot except on an approved, paved driveway which leads to a garage, carport or approved parking area. (Ord. 822 §1, 1989)
17.05.110 Access.
A. No building permit shall be issued for any lot or parcel of land unless said lot or parcel has frontage on a dedicated and improved public street or on a private street conforming to street standards established by the city. (Ord. 822 §1, 1989)
1. Driveways to required garages having a setback from the street property line greater than forty feet (40′) shall have a minimum width of ten feet (10′) and a maximum width of twelve feet (12′) in the front or street side setback area. Driveways located outside of the setback area, shall be a minimum of ten feet (10′) wide.
2. Where required garage spaces are equal to or less than forty feet (40′) to the property line, the maximum width of a driveway shall not exceed eighteen feet (18′) or two feet (2′) wider than the opening of the garage door, whichever is greater, but in no event shall the maximum width exceed thirty feet (30′) at the front property line.
3. A driveway that serves as required access to a garage, in which the garage door is not parallel to the front property line, or side property line in the case of a corner lot, shall not exceed twelve feet (12′) in width at the property line, provide a maximum turn radius of twelve feet (12′), and a minimum twenty-four foot (24′) back up (see Figure
17.05.110).
Figure 17.05.110-A Access to garage
B. A back up triangle on the garage side closest to the residence shall be required as depicted in Figure 17.05.110-B. The sight area shall be free from visual and physical obstructions.
Figure 17.05.110-B Back-up Triangle
C. When a driveway and walkway are parallel to each other, there shall be a minimum two foot (2′) separation between the driveway and walkway. Said separation shall be landscaped with a combination of mulch, plants, shrubs, (no rock, pebbles, decomposed granite or similar material).
17.05.110 Pedestrian Safety
A. Multiple-Residential Zone (R-3): Each driveway serving a multiple dwelling building or complex shall contain not less than two strips of bomanite or comparable material to provide warning of approaching or departing vehicles. The strips shall be a minimum of ten feet in depth and shall extend the full width of the driveway. One strip shall be located within six feet of the entry to the driveway, the second shall be located approximately midway in the drive. These strips shall be shown on the site plan for the development. (Ord. 822 §1, 1989)
1. The minimum required dimension of a parking space shall be ten feet (10′) wide by twenty feet (20′) in depth; with a two (2) car garage or carport having a minimum interior measurement of twenty feet (20′) wide and twenty feet (20′) in depth.
2. Access to garages, carports, or automobile parking areas required by this section which serve four (4) or less multiple dwelling units shall have an unobstructed paved driveway not less than ten feet (10′) in width. Each required parking space, including garages, carports, or automobile parking areas, shall have a back up area as depicted in the figure above.
3. Access to garages, carports, or automobile parking areas required by this section which serve five (5) or more multiple dwelling units shall have an unobstructed paved driveway not less than twelve feet (12′) in width for one (1) way only driveways and twenty feet (20′) in width for two (2) way driveways. Each required parking space, including garages, carports, or automobile parking areas.
17.05.120 Miscellaneous standards (Mul�ple-Residen�al Zone (R-3) only).
A. Ligh�ng. Ligh�ng designed to reduce hazards and to illuminate poten�ally unsafe areas such as walkways, passages between buildings, garage areas and parking areas and areas containing heavy or high foliage shall be installed. Considera�on should be given to both elevated and ground level ligh�ng and all ligh�ng shall be designed to ensure that neighboring proper�es or
public streets are protected from direct or hazardous glare. The loca�on, foot candle power and type of light fixtures shall be shown on the site plan.
B. Refuse enclosures. There shall be a refuse enclosure provided when two or more units are located on a site. This enclosure shall have minimum interior dimensions of five feet by seven feet and shall be completely enclosed, including gates, but excluding a roof. The placement and design of such enclosure shall be determined during review of the development. (Ord. 822 §1, 1989)
Chapter 17.06
COMMERCIAL ZONES – STANDARDS AND USES
Sections
17.06.010 Intent and purpose.
17.06.020 Uses.
17.06.030 Residential uses.
17.06.040 Property development standards.
17.06.050 Minimum yard requirements.
17.06.060 Accessory buildings and structures.
17.06.070 Landscaping.
17.06.080 Fences, walls, and hedges.
17.06.090 Outdoor storage and operations.
17.06.100 Outdoor display of merchandise for sale.
17.06.110 Exterior lighting facilities.
17.06.120 Refuse enclosures.
17.06.130 Access.
17.06.140 Parking, loading, truck and vehicle codes and requirements.
17.06.010 Intent and purpose.
The intent and purpose of the Commercial Zone (C) is to provide areas throughout the city in which commercial facilities designed to serve a broad area with a wide range of commercial services may be located. Such zone districts will generally be located along arterial and collector streets and will buffer residential areas from traffic, noise, and pollutants. It is the objective of this chapter to achieve development which will be compatible with surrounding uses. (Ord. 822 §1, 1989)
17.06.020 Uses.
No building or structure shall be erected, reconstructed, structurally altered, or enlarged, nor shall any building, structure or land be used for any purpose except as provided in this chapter. The following uses shall be permitted in the Commercial Zone (C). (Ord. 822 §1, 1989) Table 17.06.020-A Uses for Commercial Zone (C)
Zone
Categories Uses Commercial Zone (C)
Agricultural Facilities Agricultural uses X
Aviaries X
Catteries X
Kennels X
Stables X
Automobile and
Other Vehicle Sales
Automotive sales, leasing, or rental further
than 500 ft away from SR-60
P
Automotive sales, leasing, or rental within 500
ft of SR-60
C
Eating and Drinking
Establishments
Bars (including entertainment and off-sale of
alcoholic beverages)
C
Beverage lounge C
Cafes P
Cafeterias P
Nightclubs (including entertainment and offsale of alcoholic beverages)C Off-sale of alcoholic beverages other than beer
or wine within five hundred linear feet of any
church, school, or park
X
Off-sale of beer and wine on the site of an
automobile service station, subject to the
provisions of Section 17.11.090
C
On-sale of alcoholic beverages in association
with restaurants, cafés, cafeterias, and similar
eating establishments, subject to the
provisions of Section 17.11.100
C
Restaurants P
Retail bakeries, all goods sold at retail, on site P
Taverns (including entertainment and off-sale
of alcoholic beverages)
C
Financial Banks, savings and loans and other similar
financial institutions
P
General Commercial
Uses
Adult businesses pursuant to the provisions of
Chapter 17.10
P
Amusement arcades C
Billiard halls C
Bowling establishments C
Certain commercial activity in conjunction
with, or on the site of an automobile service
station, subject to the provisions of
Chapter 17.11
C
Commercial athletic recreation facilities
(handball, racquetball)
P if no alcohol sold or
consumed on site
Fortunetelling P
Health clubs P if no alcohol sold or
consumed on site
Indoor theatres C
Live entertainment C
Massage establishments C
Miniature golf courses C
Pool halls C
Retail businesses P
Spas P if no alcohol sold or
consumed on site
Wholesale businesses, including warehousing
and distribution
X
Medical Facilities Ambulance services X
Pharmacies associated with medical/dental
uses
P
Dental Laboratories P
Dental Offices P
Medical Laboratories P
Medical Offices P
Professional and
Office Uses
Business and professional offices P
Business services P
Wholesale businesses, including warehousing
and distribution
X
Residential Uses Emergency shelters P
Hotels C
Motels C
Residential uses and structures except as
specifically permitted by Section 17.06.030
X
Services and
Equipment
Auto detail shops further than 500 ft away
from SR-60
P
Auto detail shops within 500 ft of SR-60 C
Auto glass installation within 500 ft of SR-60 C
Auto overhaul or repair C
Auto paint shops C
Auto upholstery within 500 ft of SR-60 C
Auto upholstery and auto glass installation (all
activities are to take place within a completely
enclosed building with no openings other than
required emergency fire exits, facing or
adjacent to any residentially zoned property)
P if located more than
five hundred feet of SR60
Automobile service stations (minor repair
only) within 500 ft of SR-60
C
Automobile service stations (minor repairs
only) further than 500 ft away from SR-60
P
Automotive repair facilities, including body
and fender shops
C
Car washes further than 500 ft away from SR60P
Car washes within 500 ft of SR-60 C
Engine rebuild C
Manufacturing uses X except where
manufacturing occupies
< 5% of gross floor area
and all goods
manufactures are sold at
retail, on suite
Public utility facilities P
Other Accessory buildings and uses normally
associated with any permitted use
P
Any other use not specifically permitted or
prohibited, which is determined to be
compatible with the permitted uses of the
commercial zone
C
Any use listed as a conditional use in this table,
except that hotels, public utility facilities and
on-sale of alcoholic beverages in association
with restaurants, cafés, cafeterias, and similar
eating establishments shall be permitted with
a conditional use permit
X if adjacent to or across
from public/private
street from a residential
zone district
Any use when such use is determined to be
hazardous in nature, either by virtue of activity
or product, or through the emission of noise,
pollutants, or hazardous effluent;
X
Gateway signs, subject to the provisions of
Chapter 17.15
S
Metal buildings as defined in
Section 17.11.070
X
On-site advertising in accordance with Chapter
17.15 P
Personal services P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
17.06.030 Residen�al uses.
Each residential use and structure legally existing as of January 1, 1980, is a permitted use in the commercial zone.
A. Residential uses and structures as set forth in this chapter are defined herein as single-family residential dwellings, two-family dwellings, three-family dwellings, multiple-family dwellings, and mobile homes or trailers designed and used for residential occupancy located within a mobile home park legally established prior to January 1, 1980. Each such mobile home park legally established prior to January 1, 1980, shall comply with the provisions of Section 17.11.080.
B. The development standards set forth in this Chaptershall apply to each residential dwelling permitted by this section, except townhouses and condominiums.
C. The development standards set forth in Section 17.11.130 of this Code shall apply to each townhouse and condominium permitted by this section.
D. The development standards set forth in the applicable sections of Chapter 17.11 that are applicable to mobile home sites and structures shall apply to each mobile home and trailer permitted by this section. (Ord. 984 §2, 1996)
17.06.040 Property development standards.
The following standards shall apply to uses within the Commercial Zone (C) provided that automobile service stations, public utility facilities, public and quasi-public buildings and facilities and drive-through and walkup restaurants, and buildings constructed adjacent to or directly across a public or private street from a residentially zoned district shall be subject to development standards contained in Chapter
17.11 of these regulations; and provided further, that any lot or parcel which is substandard in width, depth, or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permitted by the commercial zone district regulations. Notwithstanding the above, residential uses and structures permitted by Section 17.14.030 shall be subject to development standards contained therein. (Ord. 984 §4, 1996; Ord. 822 §1, 1989)
Table 17.06.040-A Development Standards for Commercial Zone (C) Zone Commercial Zone (C)
Minimum lot area No minimum
Maximum building coverage 50%
Minimum lot width No minimum
Minimum lot depth No minimum
Maximum building height (adjacent to residential zone) 28 ft Maximum building height (not adjacent to residential zone) No maximum
17.06.050 Minimum yard requirements.
Table 17.06.050-A Minimum Yard Standards for Commercial Zone (C) Zone Commercial Zone (C)
Front yard 10 ft
Side yard (interior or key lot) No requirements, except a 10 ft yard when abutting/across from a residential zone
Side yard (corner or reversed corner lot) 10 ft
Rear yard No requirements, except a 10 ft yard when
abutting/across from a residential zone
Through lot Maintain the required front yard setback on each frontage required by the zone in which the lot is
located
17.06.060 Accessory buildings and structures.
Accessory buildings and structures shall conform to the standards contained in Chapter 17.12. (Ord. 822 §1, 1989)
17.06.070 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as all other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, ground cover, or other plant materials and shall include an accepted automatic irrigation system (sprinklers, bubblers, or diffuser heads) or hose bibs not over fifty feet from any portion of a planted area and all landscaping shall be contained within six-inch concrete or eight-inch masonry curbing.
17.06.080 Fences, walls, and hedges.
A. A solid masonry wall eight feet in height shall be constructed and maintained along any side or rear property line which adjoins a residen�al zone, school, church or park, except that the wall shall not exceed forty-two inches in height when it adjoins the front setback of the adjacent residen�al property, except that the fence may be increased to a height of six feet if the increase in height consists of wrought iron, chain link or other “see-through” material and the design is approved by the director of planning and community development.
B. Any fence or wall located in the front of any building must be located to the rear of the required setback. No fence or wall in the front of any building may exceed forty-two inches in height if constructed of solid or sight obscuring materials but may be increased to a total height of six feet if wrought iron, chain link or other “see-through” materials are used, and the design is approved by the director of planning and community development.
C. Corner or Reversed Corner Lot. On property at any corner formed by intersec�ng streets it shall be prohibited to construct, install, or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point located at either:
1. The point of intersec�on with the prolonga�on of the curb lines; or
2. The point of intersec�on of the prolonga�on of the edge of the paved roadway when curb lines do not exist.
D. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersec�on, or in the case of rounded corners, the triangular area included between the reference point and the curb line or edge of paved roadway line forty feet from the point of their intersec�on (see Figure 17.05.080-A). (Ord. 822 §1, 1989)
17.06.090 Outdoor storage and opera�ons.
Except as permitted by Section 17.06.100, all business operations in the commercial zone must be conducted entirely within a completely enclosed building. However, automobile, and light truck sales, automobile service stations, outdoor dining, and other businesses which, by their nature, require operations outside of a building may be conducted outside of a building. Also, certain ancillary operations, such as the immediate loading and unloading of merchandise and supplies, routine property and building maintenance and permitted advertising may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily stored in approved and permitted trash enclosure area(s) for not more than seven days. (Ord. 1057 §1, 2004; Ord. 822 §1, 1989)
17.06.100 Outdoor display of merchandise for sale.
Businesses selling merchandise at retail may display sale or promotional items outdoors subject to the following regulations
A. The merchandise must be displayed on the same lot as the principal location of the business.
B. The area occupied by the outside display of merchandise shall not exceed an area greater than the gross square footage of the principal building on the lot multiplied by a factor of 0.025. The maximum permissible area occupied by outdoor display of merchandise shall be five hundred square feet.
C. The displayed merchandise must be grouped into a single area and visible from the public street. The displayed merchandise shall not block, or diminish the public view of, or physical access to, any other business or use.
D. The merchandise may not be displayed on, or over, any public right-of-way and may not be located within ten linear feet of any public right-of-way.
E. The displayed merchandise may not be in, or encroach into, any required yard or setback, or unpaved area.
F. The displayed merchandise must not be in, or encroach into, any designated driveway, required parking space, or designated fire lane.
G. The displayed merchandise may not block any doorway, designated private pedestrian walkway or access for the handicapped.
H. The merchandise may not be displayed on top of any portion of any building, hung from, or affixed to building walls, rafters, or eaves. Nor may any merchandise be hung from, or affixed to, any fence or wall or inflatable device.
I. The outdoor display of merchandise shall be subject to all applicable health, safety, and fire codes.
J. The outdoor display of merchandise for sale, is in and of itself, a form of advertising and no additional signage shall be permitted for the displayed merchandise except price signs measuring no larger than three inches by five inches may be affixed to the items displayed for sale.
K. The outdoor display of merchandise shall be subject to an outdoor display site plan review and approval by the planning commission and said approval shall be subject to conditions, if any, that may be imposed by the planning commission as needed to mitigate any potential negative effects created by the proposed outdoor display, and the planning commission shall deny the application if the planning commission finds that the outdoor display would be detrimental to persons or properties in the immediate vicinity of the subject property or to the city in general. The planning commission may revoke any approval for cause.
L. Application for an outdoor display site plan approval shall be made on application forms supplied by the city and pursuant to the instructions provided by the city. At the time of submittal, applicant shall pay an application fee in the same amount as the application fees established for development site plan review. (Ord. 1057 §2, 2004)
17.06.110 Exterior ligh�ng facili�es.
Exterior lighting facilities shall be arranged in a manner that will not provide a direct glare or create hazardous interference with highways and neighboring properties. (Ord. 822 §1, 1989)
17.06.120 Refuse enclosures.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry, block, or a combination of such materials and shall be designed to be compatible with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
17.06.130 Access.
No building permit shall be issued for any lot or parcel of land unless said lot or parcel has frontage on a dedicated and improved public street or on a private street conforming to street standards established by the city. (Ord. 822 §1, 1989)
17.06.140 Parking, loading, truck and vehicle codes and requirements.
A. No parking, whether the provision of required parking spaces or other parking, including the storage of trucks or other similar types of equipment shall be permitted on unpaved areas. (Ord. 822 §1, 1989)
B. All loading docks and doors facing a public or private street shall be in such a manner that all truck maneuvering shall take place on-site .
C. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street whenever possible. (Ord. 822 §1, 1989) D. No vehicle maintenance or repair, other than that permitted by Section 17.06.020 shall take place on any lot in the Commercial Zone (C). (Ord. 822 §1, 1989)
Chapter 17.07
MIXED-USE ZONES – STANDARDS AND USES
Sections
17.07.010 Applicability.
17.07.020 Permit requirements.
17.07.030 General development standards.
17.07.040 Additional development standards.
17.07.050 Setback requirements and exceptions.
17.01.010 Purpose and applicability.
The purpose of these regulations is to serve the public health, safety and general welfare by establishing zone
The Commercial-Residential zoning district (C-R) is applied to areas appropriate for a mix of commercial and residential activities in conformance with the General Plan. This district allows for a mix of commercial and residential uses, or just commercial, or just residential land uses. (Ord. 1161 §1, 2012)
17.07.020 Permit requirements.
A. Permited Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the commercial-residen�al zone shall be erected, structurally altered, enlarged or established except the following permited uses, buildings and structures iden�fied with a “P” in Table 17.07.020-A.
B. Condi�onal Uses and Structures. The following uses and structures iden�fied with a “C” in Table
17.07.020-A may be permited in the commercial-residen�al zone subject to approval of a condi�onal use permit.
C. Temporary Uses. Temporary uses iden�fied with as “T” in Table 17.07.020-A shall be allowed subject to approval and compliance with all applicable provisions of this zoning code.
D. Prohibited Uses. Prohibited uses are iden�fied with no entry in the second column.
Table 17.07.020-A Uses for Commercial-Residen�al Zone (C-R) Land Uses C-R
Accessory Uses and Structures
Accessory uses, buildings and structures, including gazebos, greenhouses, noncommercial workshops, cabanas, dressing rooms, recrea�onal buildings and restrooms
P
Antennas (pole type) and flagpoles P
Dish antennas C
Home occupa�ons subject to the approval of a home occupa�on permit P Incidental outdoor storage shall be permited provided such storage is conducted wholly within an area completely enclosed by a masonry wall not less than 5.5 feet in P
Land Uses C-R
height, with all entrances and exits enclosed with opaque gates equal in height of the wall. No outdoor storage shall be permited to project above the height of the masonry wall
Swimming pools, spas and saunas P
Tennis, paddleball, badminton, volleyball and similar recrea�onal courts P Solar energy equipment P
Educa�on, Public Assembly, Recrea�on
Commercial court game facili�es, including, but not limited to, racquetball, tennis, paddleball, badminton and volleyball courts
C
Gymnasiums and health clubs including diet centers and tanning salons C Places of amusement (bowling alleys, ice ska�ng, roller rinks) C Places of worship P
Private educa�onal ins�tu�ons (not allowed on the first floor) C Theaters C
Residen�al Uses
Live/work units provided that the commercial por�on is an office, retail or service use that is permited in the C-R zone
C
Mixed-use development with a residen�al component P
Mul�ple residen�al dwelling units, including senior and affordable housing developments
C
Single-family with a minimum density of 30 units per acre. The minimum number of units on each lot is 16 units per lot
P
Mul�ple-family residen�al, affordable housing and single room occupancy (SRO) with a minimum density of 30 units per acre
P
Retail Uses
Alcoholic beverage sales, serving or consump�on within any use permited in the C-R zone
C
Art stores or galleries P
Audio and visual products P
Land Uses C-R
Bakery shops, including baking of products sold on the premises only; baking for off-site sales prohibited
P
Bicycle, sales and service P
Camera stores P
China and glassware stores P
Christmas tree sales lots, when maintained between November 1 and December 31 T Clothing and apparel stores P
Delicatessens P
Drapery stores P
Drugstores P
Florist and plant shops P
Food stores and markets P
Furniture stores P
Gi� shops P
Hardware stores P
Hobby shops P
Household appliance and repair shops P
Ice cream parlors P
Interior decorator shops P
Jewelry stores (including incidental fabrica�on) P
Ligh�ng stores P
Liquor stores C
Lock and key services P
Mail order houses, retail P
Music stores P
Nurseries and garden supplies P
Land Uses C-R
Office uses P
Paint and wallpaper stores P
Pet shops P
Pumpkin sales lots, when maintained between October 15 and November 1 T Radio, television and similar electronic component stores P Restaurants, fast food P
Restaurants, full service P
Shoe stores P
Spor�ng goods stores P
Stamp and coin shops P
Sta�onery stores P
Supermarkets P
Taverns C
Tobacco shops P
Toy stores P
Typewriter and office machine sales and service P
Service Uses
Answering services P
Automobile service sta�ons C
Banks, savings and loans, and finance services P
Beauty shops P
Carpet cleaning services P
Car washes (full- or self-service) C
Copying services, including, but not limited to, photo sta�ng and blueprin�ng P Data processing services P
Day care centers C
Land Uses C-R
Diet centers P
Domes�c pet grooming shops; provided that no animals shall be kept on the premises overnight
P
Dry cleaning and laundry establishments (non-industrial) P Electrical appliance repair shops P
Employment agencies P
Hotel and extended stay uses C
Hospitals P
Laundry operated exclusively as a retail-business with laundry machines that are the automa�c type and capable of being operated by the public. Such use shall not include machines ordinarily found in industrial type uses
P
Linen supply services P
Massage establishment C
Medical and dental laboratories above the first level only P Nightclubs C
Parcel delivery and pick up services P
Pawnshops C
Photocopying and blueprin�ng services P
Photo developing stores P
Portrait studios P
Prin�ng, other than publishing services P
Shoe repair P
Tailor, custom altera�on shops P
Tanning salons P
Tire stores P
Tire stores within 500 feet of SR 60 C
Tire stores with �re installa�on services C
Land Uses C-R
Tools sharpening and repair services P
Travel agencies P
Vehicle repair garages
Veterinary offices, including hospitaliza�on services P Water so�ener services P
Transporta�on and Communica�on Uses
Parking lot/structure facili�es C
Privately operated public u�lity uses, structures or transmission facili�es C Publicly operated public u�lity uses P
Wireless telecommunica�on facili�es integrated into a building façade or structure or located behind a roof parapet; and located at least 300 feet from any residen�al zone, measured as the shortest distance, without regard to intervening buildings, from the nearest point of the proposed wireless telecommunica�on facility to the nearest point of the zone district boundary
C
(Ord. 1239 §6, 2019; Ord. 1228 §5, 2018; Ord. 1217 §5, 2017; Ord. 1195 §11, 2015; Ord. 1161 §1, 2012) P = Permited as a Principal Use
C = Permited as a Condi�onal Use
T = Permited as a Temporary Use
17.07.030 General development standards.
Table 17.07.030-A Commercial-Residen�al District General Development Standards Development Feature C-R
Minimum Lot Size Minimum lot area and width required for new parcels Area 15,000 square feet
Width 100 feet
Maximum Residential Density 35 dwelling units per acre when abutting a single-family zone; 87 dwelling units per acre when abutting a
multifamily zone; 100 dwelling units per acre when not
abutting any residential zone
Minimum Residential Density For developments comprised solely as residential, 20 dwelling units per acre
Front and Side Yard Setbacks None
For residential development only, 10 feet shall be required Interior Setback Abutting a Residential
Zone
5 feet for one story, 15 feet for two stories and 25 feet for three to five stories. Setbacks are measured from the
residential property line
Exceptions to Setbacks Requirements See Section 17.07.050 for setback exceptions Distance Between Dwellings N/A
Maximum Height Limits Maximum building height is 5 stories or 65 feet for commercial, commercial/residential and residential
developments
Accessory Structures N/A
Landscaping Minimum 10% of lot area
Fences and Walls See Section 17.06.080 for commercial uses and Section 17.05.080 for residential uses only
Rooftop Equipment Must be screened from public view
Lighting Photometric plan is required
Trash Collection Areas Minimum dimensions: 8′ x 10′ interior must be enclosed and screened from public view with a decorative structure Parking and Loading Parking demand study required
A. Minimum Lot Size for Mul�family Development. The minimum lot size in the C-R zoning district shall be fi�een thousand square feet for new mul�family housing development.
B. No Setback Requirements for the First Two Floors from the Garvey or Santa Anita Avenue Property Lines. Above the second story, the setback from the Garvey or Santa Anita Avenue property lines shall be a minimum of five feet. All residen�al units developed at ground level along Garvey or Santa Anita Avenue shall be required to maintain a ten-foot setback from the front street property line.
C. Minimum Setbacks. No setbacks required from the street property line, except as required for corner cutoffs at intersec�ons and residen�al development. If setbacks are provided, these areas shall only be used for landscaping and ac�ve pedestrian areas (e.g., plazas, outdoor dining). All street adjacent parking shall be set back a minimum of five feet and the setback area shall be fully landscaped.
D. Corner Cutoff at Intersec�on. In order to maintain visibility at intersec�ons and to provide architectural interest for buildings at corner loca�ons, buildings shall provide a ten-foot minimum corner cutoff and shall have an entrance to the building from this area. The minimum cutoff area shall be a triangular area that is determined by measuring ten feet back from the corner along both street property lines and drawing a line between the two points.
E. Landscaped Buffer Within Setback Area. Landscaped buffer required. A minimum five-foot wide landscaped buffer shall be provided on the subject property adjacent to any residen�ally zoned property or intervening alley regardless of the actual building setback that is provided. A landscaped buffer is not required adjacent to an alley at areas where direct vehicular access is provided to the subject property. (Ord. 1240 §5, 2020; Ord. 1161 §1, 2012)
17.07.040 Addi�onal development standards.
A. Limita�ons and Excep�ons to Permited Uses and Structures. Notwithstanding any other provisions of this chapter, the following limita�ons shall apply to the conduct of any use permited in C-R zone as applicable:
1. All uses except outdoor ea�ng areas, parking, growing plants, cut flowers, Christmas tree lots, pumpkin sales lots and provision and storage of shopping carts shall be subject to specific standards contained within this chapter; addi�onally in the C-R zone, car washes, incidental or temporary uses, service sta�ons, storage yards, vehicle storage or display, �re store uses, and vending machines (vending machines shall not include coin operated amusement devices, rides, scales, or similar devices) shall be conducted en�rely within a completely enclosed building which is atached to a permanent founda�on. There shall be no outside storage of tools, equipment, supplies or materials.
2. No wholesaling of goods and materials shall be permited in the C-R zone; retail sales to the general public only shall be permited.
3. Shopping cart storage shall be located on-site adjacent to the entry of a building and shall be screened with a minimum three-foot, six-inch high solid wall/fence or combina�on of fence and landscaping to obscure the visibility of shopping carts from the adjacent public rights-of-way.
Where the director of the community development department, in his or her discre�on, determines that screening interferes with the cart removal/retrieval “opening” given the unique loca�on of the building (e.g., corner structure where cart storage may be visible from two or more intersec�ng public rights-of-way), the director of the community development department shall exempt the “opening” from the screening requirement and shall determine the orienta�on, loca�on, size and configura�on of the unscreened “opening.” Shopping cart storage shall not intrude into any required pedestrian passageway or public right-of-way.
4. All shopping carts shall be contained or controlled within the boundaries of store premises, in accordance with the standards set forth in the Title 8, Chapter 8.26.
B. Performance Standards. In accordance with the goals and precepts of the comprehensive General Plan of the city environmental performance standards are hereby established to protect the community from hazards, nuisances and other nega�ve factors; to ensure that land uses are not operated in such a manner as to cause a detrimental effect on adjacent land uses or the community environment; and to preserve and enhance the lifestyle of South El Monte residents through the protec�on of the public health, safety and general welfare. In the C-R zone, the following guidelines shall be evaluated on the basis of whether or not the ac�vity is obnoxious to a person of normal sensi�vity.
1. General Provisions. No land, building or structure shall be used or occupied in any manner so as to create or maintain any dangerous, injurious, noxious or otherwise objec�onable condi�on caused by fire, explosion or other hazards; noise or vibra�on; smoke, dust or other form of air pollu�on; liquid or solid refuse or waste; or any other substance, condi�on or element used in
such a manner or in such amount as to adversely affect the surrounding area or adjoining premises.
2. Air Quality. Any ac�vity, opera�on, or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regula�ons of the South Coast Air Quality Management District and with the following:
a. Visible Emissions. No visible emissions of air contaminants or par�culate mater shall be discharge into the atmosphere. No combus�ble refuse incinera�on shall be permited. b. Dust. Windborne dusts and debris across lot lines shall be prevented by plan�ng, we�ng, compac�ng, paving or other suitable treatment of land surface; storing, trea�ng or enclosing materials; controlling sources of dust and debris by cleaning; or, such other measures as may be required.
c. Odors. No odorous material shall be permited so as to be obnoxious to persons of normal sensi�vity as readily detec�ble at the property line or at any point off-site where the odor is greater.
3. Vibra�on. No ac�vi�es shall be permited which cause objec�onable vibra�on to adjoining property except for construc�on ac�vi�es in connec�on with an effec�ve building permit.
4. Noise. No noise shall be generated which causes the maximum sound level to exceed the noise levels specified in the Title 8, Chapter 8.20. Further, in a mixed use project, no increase in the ambient noise base level for nonresiden�al uses shall be permited. Such noise measurements shall be taken at the residen�al zone property line, or at any point within an abu�ng residen�al zone, or at a point within the residen�al por�on of the mixed use project, where the noise level from the nonresiden�al use is greater. No steady impulsive noise (such as hammering or rive�ng) or steady audible tone components (such as whines, screeches or hums) shall be detec�ble from any residen�al use which is part or adjacent to the mixed use project.
C. Dwelling Unit Size. The gross floor area of any dwelling unit in the C-R zone shall be not less than provided herein. For the purpose of this sec�on, dens, studies or other similar rooms which may be used as bedrooms shall be considered bedrooms. Living rooms, dining rooms, kitchens or bathrooms shall not be considered bedrooms, except that separate dining rooms in efficiency units or rooms that could be converted into addi�onal bedrooms shall be considered bedrooms.
Table 17.07.040-A Minimum Size Requirements
Unit Type Minimum Size Requirements
Efficiency and one-bedroom units 750 square feet for the residen�al development Two-bedroom units 900 square feet for the residen�al development Three- or more bedroom units 1,100 square feet for the residen�al development Senior affordable units 540 square feet
D. Outdoor Space. A minimum outdoor space of one hundred forty square feet shall be provided per dwelling unit. Outdoor space may be provided as common or private space. Any common outdoor space shall have a minimum level surface dimension of twenty feet and a minimum area of four hundred square feet.
E. Distance Between Dwellings. A minimum distance of ten feet shall separate exterior walls of separate buildings containing dwelling units on the same lot. The windows or window/door or any one dwelling unit may not face the windows or window/door of any other dwelling unit unless separated by a distance of ten or more feet except where the angle between the wall of the separate dwellings units is ninety degrees or more. Walls parallel to each other shall be considered to be at a zero degree angle.
F. Access to Dwelling Units. An elevator shall be provided to serve all stories in a building containing more than three dwelling units where the floor area of any dwelling units is located only on the third story and other dwelling units are located on the first and second stories.
G. Laundry Facili�es. Laundry facili�es shall be provided to serve all residen�al dwelling units on a lot.
Such laundry facili�es, cons�tu�ng washer and dryer appliances connected u�li�es, shall be provided in the individual dwelling units where there are three or less dwelling units on a lot. Where there are more than three dwelling units on a lot, laundry facili�es shall either be provided in the individual dwelling units or in a common laundry room. A common laundry room shall be in an accessible loca�on and shall have at least one washer and one dryer for each five welling units. A minimum of two washers and dryers shall be provided at all �mes. The washer and dryers shall be maintained in operable condi�on and accessible to all tenants daily between the hours of seven a.m. to ten p.m.
H. Storage Space—Private. A minimum of ninety cubic feet of private storage space shall be provided for each residen�al dwelling unit outside such unit unless a private atached garage, serving only the dwelling unit, is provided. Such private storage space shall have a minimum horizontal surface area of twenty-four square feet and shall be fully enclosed and lockable. (Ord. 1161 §1, 2012)
17.07.050 Setback requirements and excep�ons.
A. Street Front and Street Side Setback. In the C-R zone, no person shall construct, locate or maintain within the space between a street and a setback line established by ordinance or by this �tle, any building, wall, fence or structure except:
1. General Excep�ons.
a. Driveway and walks, provided that a driveway shall be limited to that area reasonably necessary to provide safe and efficient ingress to and egress from off-street parking spaces located behind a setback area.
b. Eaves may project into a required setback area for a distance not to exceed thirty inches. c. Flagpoles limited to one per site.
d. Foo�ngs and public u�lity vaults if fully subterranean. e. Landscape accent ligh�ng not to exceed eighteen inches in height. f. Necessary railings adjacent to stairways.
g. Retaining walls, planters or curbs which are not more than eighteen inches in height above the ground surface exis�ng at the �me of construc�on.
h. Subterranean parking garages may extend to the street property line including equipment, service, u�lity and storage areas provided such areas do not have any door, window or other opening to the outside along the street property line.
i. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level at the loca�on of the construc�on may project into the required setback area to the property line.
2. Storage of Material Prohibited. No person shall store materials or equipment within the space between a street and a setback line established by ordinance or by this chapter, except temporarily during construc�on on the same premises.
B. Interior Setback (Excep�ons). In the C-R zone, no person shall construct, locate or maintain within the space between a property line and an interior setback line established by ordinance or by this �tle, any building, wall, fence or structure except:
1. General Excep�ons.
a. Boundary line walls.
b. Eaves may project into a required setback area for a distance not to exceed thirty inches, provided they do not project closer than thirty inches to an interior property line. c. Foo�ngs and public u�lity vaults if fully subterranean. d. Driveways, walks and parking areas including ligh�ng pursuant to the provisions of Chapter
17.60. e. Railings adjacent to stairways.
f. Subterranean and semi-subterranean parking garages may extend to the interior property line including equipment, service, u�lity and storage areas provided such areas do not have any door, window or other opening to the outside along the interior property line. g. Uncovered steps or landings not over four feet high as measured parallel to the natural or finish ground level at the loca�on of the construc�on may project into the required setback are four feet for a length of fourteen feet measured parallel to the building.
2. Storage Prohibited. No required interior setback area shall be used to store any motor vehicle, trailer, camper, boat or parts thereof, equipment or any type of antenna except as provided for in this �tle. (Ord. 1161 §1, 2012)
3. Interior Setbacks abu�ng a Residen�al Zone:
a. Setback standards:
i. 5 feet for one story.
ii. 15 feet for two stories.
iii. 25 feet for three to five stories.
b. Setbacks are measured from the residen�al property line.
Chapter 17.08
PUBLIC FACILITIES ZONES – STANDARDS AND USES
Sections
17.08.010 Intent and purpose.
17.08.020 Uses.
17.08.030 Uses allowed in public facilities zone.
17.08.040 Property development standards.
17.08.050 Minimum yard requirements.
17.08.060 Accessory buildings and structures.
17.08.070 Parking and loading requirements.
17.08.080 Landscaping.
17.08.090 Fences, walls, and hedges.
17.08.100 Outdoor storage and operations.
17.06.110 Refuse enclosures.
17.08.010 Intent and purpose.
The Public Facili�es zone (P-F) is established to provide areas throughout the city for the loca�on of a variety of public, quasi-public and ins�tu�onal facili�es. Such areas shall be developed in a manner designed to enhance the neighborhood and to protect the surrounding areas from unnecessary noise, traffic or other disturbance. (Ord. 822 §1, 1989)
17.08.020 Uses.
No building structure shall be erected, reconstructed, or structurally altered or enlarged, nor shall any building structure or land be used for any purpose except as allowed by this chapter. (Ord. 822 §1, 1989)
17.08.030 Uses allowed in public facili�es zone.
Table 17.08.030-A Uses for Public Facili�es Zone (P-F)
Zone
Uses Public Facilities (P-F)
Accessory buildings and uses customarily associated with any permitted use (see Chapters 17.12) A
Any public or quasi-public use not specifically permitted under this use table here (17.08.030) may be permitted subject to obtaining a conditional use permit in accordance with Chapter
17.03 of these regulations.
C
Any use not specifically permitted by this use table here (17.08.030) X
Churches and related facilities P
City Hall P
City yards P
Cultural Institutions C
Metal buildings as defined in Chapter 17.02 of these
regulations. X
Other public buildings P
Other quasi-public facilities P
Outdoor commemorative or fundraising events if sponsored by the city or by the use permitted on the site. A
Police and fire facilities P
Public libraries P
Public parks, recreational facilities and associated structures P Public utility facilities P
Schools (private) C
Schools (public) P
Special Events P
Water wells P
Wireless Communication Facilities C
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
A = Permitted as a Accessory Use
X = Prohibited Use
17.08.040 Property development standards.
The following property development standards shall apply to all uses within the P-F zone.
Table 17.08.040-A Development Standards for Public Facili�es Zone (P-F) Zone
Standard Public Facilities (P-F)
Minimum lot area Not Required
Maximum building coverage Not Required
Minimum lot width Not Required
Minimum lot depth Not Required
Maximum building height (adjacent to residential zone) 28 ft Maximum building height (not adjacent to residential zone) No maximum
17.08.050 Minimum yard requirements.
Table 17.08.050-A Minimum Yard Standards for Public Facili�es Zone (P-F) Zone
Standard Public Facilities (P-F)
Front yard 10 ft minimum and
landscaped
Side yard (interior or key lot) No requirements, except a 10 ft landscaped yard when
abutting/across from a
residential zone
Side yard (corner or reversed corner lot) 10 ft landscaped yard on the street side
Rear yard No requirements, except a 10
ft landscaped yard when
abutting/across from a
residential zone
17.08.060 Accessory buildings and structures.
Accessory buildings and structures shall conform to the standards contained in Chapters 17.12 of these regula�ons. (Ord. 822 §1, 1989)
17.08.070 Parking and loading requirements.
A. No parking, whether the provision of required parking spaces or other parking, shall be permited on unpaved areas, including the storage of trucks or similar types of equipment. The only excep�on to this rule shall be in the case of outdoor commemora�ve, special events or fundraising events permited by above.
B. All loading docks and doors facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
C. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street whenever possible.
D. Vehicle maintenance and repair must take place within a solid masonry structure enclosed on at least three sides with any openings, other than windows or fire exits, facing away from a public or private street. (Ord. 822 §1, 1989)
17.08.080 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, ground cover, or other plant material and shall include an accepted automa�c irriga�on system (sprinklers, bubblers or diffuser heads) or hose bibs not over fi�y feet from any por�on of a planted area and all landscaping shall be contained within a six-inch concrete or eight-inch masonry curbing.
17.08.090 Fences, walls, and hedges.
A. Interior Lots. Fences, hedges and walls shall be permited in a required front yard area, provided that no sight-obscuring fence (concrete, block, masonry or wood) shall exceed forty-two inches in height, except that the fence may be increased to an overall height of six feet if the increase consists of wrought iron, chain link, or other see-through materials and the design is approved by the director of planning and community development, and provided that no plants, vines or other material shall be planted in such a way as to limit visibility through the fence. Fences, hedges and walls located to the rear of the property shall not exceed six feet in height except that fences or walls located adjacent to a freeway right-of-way shall not exceed ten feet in height.
B. Corner or Reversed Corner Lots. On property at any corner formed by intersec�ng streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point at either:
1. The point of intersec�on with the prolonga�on of the curblines; or
2. The point of intersec�on of the prolonga�on of the edge of the paved roadway when curblines do not exist.
C. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their
intersec�on, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersec�on.
D. On property which is located in a block which is otherwise en�rely zoned C-M or M and developed in permited manufacturing uses, fences or walls shall not exceed eight feet in height on sides, front or rear provided that any wall located on the front or side, in the case of a corner or reversed corner lot, shall be constructed to the rear of the required setback. If outdoor storage is constructed on the property, all fences must be sight-obscuring.
E. When parking is located so that vehicles are facing a public or private street, a minimum forty-two inch high decora�ve block wall shall be installed to the rear of the required setback. (Ord. 822 §1, 1989)
17.08.100 Outdoor storage and opera�ons.
All opera�ons must be conducted en�rely within a completely enclosed building except for ac�vi�es which, by their nature, require opera�ons outside of a building. Any outdoor storage of supplies, equipment or products is prohibited unless such storage is screened from public view by a solid masonry wall or sight-obscuring fence and does not extend above the height of the fence. All refuse enclosures shall be screened from public view. (Ord. 822 §1, 1989)
17.08.110 Refuse enclosure.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry block or a combina�on of such materials and shall be designed to be compa�ble with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
Chapter 17.09
INDUSTRIAL ZONES – STANDARDS AND USES
Sections
17.09.010 Intent and purpose.
17.09.020 Uses.
17.09.030 Residential uses.
17.09.040 Proximity to residential uses.
17.09.050 Property development standards.
17.09.060 Minimum yard requirements.
17.09.070 Landscaping.
17.09.080 Outdoor storage and operations.
17.09.090 Outdoor display of merchandise for sale.
17.09.100 Exterior lighting facilities.
17.09.110 Refuse enclosures.
17.09.120 Parking, loading, truck and vehicle codes and requirements.
17.09.010 Intent and purpose.
Manufacturing Zone (M): The purpose of the manufacturing zone (M) is to provide for and encourage the development of industrial uses in suitable areas throughout the city, and to promote a desirable and atrac�ve working environment with a minimum of detriment to surrounding proper�es and a maximum of protec�on for the permited uses through the prohibi�on of incompa�ble uses. (Ord. 822 §1, 1989) Commercial-Manufacturing Zone (C-M) : The purpose of the commercial manufacturing zone, C-M, is to provide areas within the city in which general commercial and limited manufacturing uses can be colocated. Development standards are imposed in order to control the type and intensity of uses and to ensure quality of design which will enhance the area in which the use is located and which will protect adjacent and neighboring proper�es. (Ord. 822 §1, 1989)
17.09.020 Uses.
Manufacturing Zone (M): No building or structure shall be erected, reconstructed or structurally altered or enlarged, nor shall any building, structure or land be used for any purpose except as provided in this chapter. (Ord. 822 §1, 1989) Any other use not specifically permited or prohibited, which is determined to be compa�ble with the permited uses of the manufacturing zone is subject to a condi�onal use permit. (Ord. 1237 §5, 2019; Ord. 1195 §13, 2015; Ord. 1152 §3, 2011; Ord. 1151 §2, 2011; Ord. 978 §3, 1996; Ord. 963 §13, 1995; Ord. 822 §1, 1989) Any use not specifically permited by these regula�ons unless determined by the planning commission to be the same as, or similar to, a permited use is prohibited.
Table 17.09.020-A Uses for Industrial Zones – Manufacturing Zone (M) Zone
Uses Manufacturing Zone (M)
Accessory buildings and uses normally associated with any permitted use S Ambulance Services C
Any use which involves the mixing or handling of hazardous or toxic chemicals or products or requires the construction of any H-1 or H-2 structure
N
Any use which involves the use of cyclones or other similar methods of moving materials which would create noise levels above city standards as spelled out in Title 8
N
Any use which would involve heavy truck uses. Heavy truck uses meaning any use in which the movement of goods by truck on a regular basis is a major or principal part of the daily operation such as, but not limited to, distribution centers, moving and storage firms, steel distribution or any firm engaged primarily in transshipment of goods
N
Appliance repairs and service P
Audio and video recording studios P
Automotive impound and storage of inoperable vehicles X Automotive repair facilities, including body and fender shops, auto paint shops, engine rebuild, overhaul or repair, when located within 300 ft of a residential zone
C
Bakeries without retail P
Blueprint and Photocopy services P
Carpet and rug cleaning P
Catering facilities P
Drive-in movie theaters C
Existing single-family residence when such residence is occupied either by the owner of the property or the owner of a business when such is located on the site. The residence shall comply with regulations of the R-1 zone district and when any such structure is no longer occupied in accordance with the provisions of this chapter, it shall be removed within 60 days of notification that it is in violation of these regulations.
S
Gateway signs, subject to the provisions of Chapter 17.15 S Heavy metal works including drop forges, drop hammers, punch presses, forges and forging works N
Industrial uses when such uses are determined to be hazardous in nature, either by virtue of process or product or through the emission of hazardous effluents, offensive odors or pollutants
X
Junk yards, salvage yards, contractors’ equipment yards, building material yards, machinery and equipment storage yards X
Laboratories, commercial testing, experimental research or similar operations, except that any experimental or research use of animals shall be prohibited
P
Laundry or Dry Cleaning, Limited. An establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This includes self-service or coin-operated facilities P
Laundry, Unlimited. An establishment where large quantities of clothes and other fabrics are washed and/or ironed or dry-cleaned but are collected and delivered primarily by laundry employees
P
Living quarters for switchboard or security personnel subject to planning commission approval S
Machine shops employing such operations as deburring, the use of high speed drilling, sawing or cutting of metals; the use of any punch press over twenty tons capacity, and the use of brakes or other equipment capable of producing excessive noise or vibration, including drop hammers. See Title 8 for noise regulations
N
Manufacture or processing of perfumes, vinegar, yeast, sauerkraut, and similar highly aromatic products provided that no odors are allowed to emanate from the building(s) in which the operations occur or from the property in general
P
Manufacturing, repair, maintenance, preparation, compounding, processing, packaging, treatment, fabrication or assembly when not specified as a conditional use in the zone or prohibited by this use table here
P
Massage establishment C
Metal buildings as defined and regulated by 17.11.070 X Mini-warehouses or mini-storage facilities X
Offices related to, or supportive of, uses permitted in the manufacturing zone (M) P
Off-site signs and sign structures X
On-sale of alcoholic beverages in association with restaurants, cafés, cafeterias and other similar eating establishments C
On-site advertising in accordance with the provisions of Chapter 17.15 of these regulations P
Open storage, provided that the only materials, products, or equipment stored are necessary to the operation of the use being conducted on the site, that all storage is located within a fence, screened area, that storage does not exceed the height of any fence or wall permitted or required, and that storage is not placed within any required yard or parking area S
Outdoor market when conducted on a single site having an area of five acres or more in addition to the required parking area C Personal and business services serving the building or complex in which they are located. Such services may include cafeterias, barber and beauty shops, travel services and similar businesses.
S
Pest control operators and services P
Places of worship and schools (public and private) X
Plumbing, electrical, mechanical shops and services P
Public utility facilities P
Radio, television or cellular telephone transmission towers or telephone switching and relay facilities, in accordance with Section 17.11.120. P Recreational facilities, including, but not limited to, soccer facilities, basketball courts, and water polo facilities P
Refrigeration repairs and services P
Research and development P
Residential uses and structures except as specifically permitted by either this use table or Section 17.09.040 X
Restaurants, cafes, cafeterias, and other similar eating establishments without on-sale alcoholic beverages. P
Restaurants with a drive-through C
Retail sales associated with the principal use in a building or complex in which they are located. Such uses shall not exceed 25% of the gross floor area occupied by the principal use and shall be subject to approval by the director of planning and community development
S
Support services such as: truck and automobile sales, leasing or rental and appurtenant facilities; restaurants; banks and other financial institutions, excluding check cashing services; business, trade and technical schools; labor or trade organizations and business offices; child care centers, when related to the industrial community; industrial medical clinics; and automobile service stations (minor repair only)
C
Swap meets C
Technical, trade, or vocational schools P
The manufacture of metal alloys, asphalt or asphalt products, cement, lime gypsum or plaster of Paris, coal, coke, charcoal, fuel briquettes and similar products, gas, rubber (natural or synthetic), soap, tallow, grease, lard and similar products, paints and paint products, acetylene, chemicals and chemical products, cellulose and cellophane, and plastics N
The manufacturing of explosives X
The refining or rerefining of petroleum or petroleum products X The slaughter, dressing, butchering or similar operations involving animals, seafood, poultry or fowl, or the tanning or other treatment of hides, skins, or the like
X
Tow yard X
Trucking, transit and transportation terminals and related repair and storage facilities X
Warehousing and bulk storage P
Water pumping and treatment plants, reservoirs, wells and appurtenant facilities N
Wholesaling P
Wireless telecommunication facilities C
Vehicle Accessory Sales and Installation P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
N= Uses allowed in areas non-adjacent to residential uses (adjacent defined as: next to or across a public or private street from residential uses)
Table 17.09.020-B Uses for Industrial Zones – Commercial-Manufacturing (C-M) Zone
Uses Commercial-Manufacturing (C-M)
Any use listed as a principal permitted use in the commercial zone (C) when not prohibited by this table P
Any use listed as a conditionally permitted use in the
commercial zone (C) when not prohibited by this table C
Any use not specifically permitted or prohibited which is determined to be compatible with the permitted uses of the commercial manufacturing zone (C-M)
C
Any uses listed as conditional uses in the manufacturing zone (M) unless specifically permitted by this table X
Any use when such use is determined to be hazardous in nature, either by virtue of activity or product, or through the emission of noise, pollutants, or hazardous effluents
X
Any use which involves the mixing or handling of hazardous or toxic chemicals or products or requires the construction of any H-1 or H-2 structure
N
Any use which involves heavy truck uses. Heavy truck uses meaning any use in which the movement of goods by truck on a regular basis is a major or principal part of the daily operation such as, but not limited to, distribution centers, moving and storage firms, steel distribution or any firm engaged primarily in transshipment of goods
N
Any use which involves the use of cyclones or other similar methods of moving materials which could create excessive or irritating noise
N
Ambulance services N
Accessory buildings and uses customarily associated with any permitted use S
Adult businesses pursuant to the provisions of Chapter 5.25 of the South El Monte Municipal Code P
Catering Facilities P
Gateway signs, subject to the provisions of Chapter 17.15 S Hotels and motels X
Machine shops employing such operations as deburring, the use of high speed drilling, sawing or cutting of metals; the use of any punch press over twenty tons capacity, and the use of brakes or other equipment capable of producing excessive noise or vibration
N
Manufacturing, processing, packaging, treatment, fabrication or assembly when not specified as a conditional use in the M zone or prohibited by this table
P
Massage establishment C
Metal buildings as defined in Section 17.11.070 of these regulations X
Off-sale of alcoholic beverages other than beer and wine within five hundred linear feet of any church, school, or park X On-sale of alcoholic beverages in association with restaurants, cafés, cafeterias and similar establishments C
Outdoor storage, as determined by the director of planning and community development or his or her representative, provided that the only materials and products or equipment stored are necessary to the operation of a use being conducted on the site.
S
The height of the storage shall not exceed the height of any fence or wall required or permitted by these regulations, and storage shall not be permitted in any required front or side yard or in any area designated for required parking if such storage would eliminate necessary employee parking or force
employees to park on the public street
Places of worship and schools (both private and public) X Residential uses and structures except as specifically permitted by Section 17.09.030 X
Retailer commercial cannabis operations in accordance with Chapter 5.26 of Title 5 of this Code P
The slaughter, dressing, butchering or similar operations involving animals, seafood, poultry, or fowl or the tanning or other treatment of hides, skins, or the like
X
Technical, trade, or vocational schools C
Wholesale and distribution businesses, providing that no trucks shall be based on the premises other than those owned,
operated by, and servicing only the use on the site
P
P = Permitted as a Principal Use
C = Permitted as a Conditional Use
S = Permitted as a Secondary Use
X = Prohibited Use
N= Uses allowed in areas non-adjacent to residential uses (adjacent defined as : next to or across a public or private street from residential uses)
17.09.030 Residen�al uses.
A. Each residen�al use and structure legally exis�ng as of January 1, 1980, is a permited use in the manufacturing zone.
B. Residen�al uses and structures as set forth in this chapter are defined herein as single-family residen�al dwellings, two-family dwellings, three-family dwellings, mul�ple-family dwellings, and mobile homes or trailers designed and used for residen�al occupancy located within a mobile home park legally established prior to January 1, 1980. Each such mobile home park legally established prior to January 1, 1980, shall comply with the provisions of Chapter 17.11.
C. No residen�al uses, including single-family residen�al dwellings, two-family dwellings, three-family dwellings, mul�ple-family dwellings, and mobile homes or trailers designed and used for residen�al occupancy located within a mobile home park legally established a�er January 1, 1980 are permited in this zone.
D. The development standards set forth in Chapter 17.05 of this Code shall apply to each residen�al dwelling permited by this sec�on, except townhouses and condominiums.
E. The development standards set forth in Chapter 17.05 of this Code shall apply to each townhouse and condominium permited by this sec�on.
F. The development standards set forth in the applicable sec�ons of Chapter 17.11 that are applicable to mobile home sites and structures shall apply to each mobile home and trailer permited by this sec�on. (Ord. 984 §8, 1996)
17.09.040 Proximity to residen�al uses.
There are two situa�ons involving the loca�on of industrial sites in proximity to mul�ple residen�al zone districts. Adjacent, either to the side or rear, and across a public or private street. Each of these situa�ons requires separate design treatment to ensure a minimum of conflict between the two dissimilar uses.
A. Across a Public or Private Street. No industrial or commercial building shall be constructed closer than one hundred feet from building envelope of an exis�ng residence located in a mul�ple residen�al zone district when the residence is across a public or private street from the industrial or commercial parcel. If the residen�al parcel is vacant, the one hundred feet will be measured from the building setback line established by the zone district regula�ons. If more than one residen�al parcel is involved, the distance shall be computed from the closest residen�al structure or from setback line if there is a vacant parcel involved. Measurements shall be made from the building envelope of a property; detached garages, or accessory buildings will not be considered. (See
17.09.040-A.)
B. Adjacent to a Mul�ple Residen�al Zone District (Side or Rear). Industrial or commercial buildings will maintain a five feet side or rear setback from a mul�ple residen�al zone district with no openings, other than required fire exits facing the residen�al property. The only excep�on to this shall be in the case of a rear yard which abuts a mul�ple residen�al zone district. In this case, a forty-six-foot rear yard may be maintained providing that this area is used only for passenger vehicle parking and that the only openings facing the residen�al property are required fire exits. (See 17.09.040-B.) C. Required Front Setback. That area between the property line and the face of a commercial or industrial building created to maintain the required one hundred foot separa�on for buildings facing a mul�ple residen�al zone district shall be considered a required front yard. Parking shall be permited to the rear of the first ten feet of the setback.
Figure 17.09.040-A
Figure 17.09.040-B
17.09.050 Property development standards.
The following standards shall apply to uses within the Manufacturing Zone (M) and the CommercialManufacturing Zone (C-M) provided that automobile service sta�ons, day care centers and any use located adjacent to or directly across a public or private street from a residen�ally zoned district shall be subject to development standards contained in Sec�on 17.09.040, and provided further, that any lot or parcel which is substandard in width, depth, or area and was legally recorded as a separate lot as of July 1, 1988, may be used for any use permited by the manufacturing zone district regula�ons.
Notwithstanding the above, residen�al uses and structures permited by Sec�on 17.09.040 shall be subject to development standards contained therein. (Ord. 984 §10, 1996; Ord. 822 §1, 1989) Table 17.09.050-A Property Development Standards for Industrial Zones – Manufacturing Zone (M) and Commercial-Manufacturing (C-M) Zone
Zone Manufacturing Zone (M) Commercial-Manufacturing
(C-M)
Minimum lot area 10,000 sqft 10,000 sqft
Maximum building coverage No maximum building
coverage
50% or NA
Minimum lot width 100 ft 50 ft
Minimum lot depth 100 ft None
Maximum building height (50 feet from
zone district boundary)
28 ft 28 ft
Maximum building height (not within 50
feet from zone district boundary)
No maximum No maximum
Accessory buildings and structures Shall conform to the standards contained in
Chapter 17.12 of these
regulations
Shall conform to the
standards contained in
Chapter 17.12 of these
regulations
17.09.060 Minimum yard requirements.
Table 17.09.060-A Minimum Yard Requirements for Industrial Zones – Manufacturing Zone (M) and Commercial-Manufacturing (C-M) Zone
Zone Manufacturing Zone (M) Commercial-Manufacturing
(C-M)
Front yard 5 ft 5 ft
Side yard (interior or key lot) No requirement No requirement Side yard (corner or reversed corner
lot)
5 ft 5 ft
Rear yard No requirement No requirement
17.09.070 Landscaping.
A minimum of five percent of the total area devoted to parking shall be landscaped as well as other areas not designated for parking, structures, or pedestrian walkways. Landscaping shall consist of grass, groundcover, or other plant material and shall include an accepted automa�c irriga�on system (sprinklers, bubblers, or diffuser heads) or hose bibs not over fi�y feet from any por�on of a planted area and all landscaping shall be contained within six-inch concrete or eight-inch masonry curbing. Provision of landscaping within parking areas shall be in accordance with Chapter 17.09. (Ord. 822 §1, 1989) A. A solid masonry wall, eight feet in height, shall be constructed and maintained along any side or rear property line which adjoins a residen�al zone, school, church or park, except that the wall shall not exceed forty-two inches in height when it adjoins the front setback of the adjacent residen�al property, except that the fence may be increased to a height of eight feet if the increase in height consists of wrought iron, chain link or other “see-through” material and the design is approved by the director of planning and community development.
B. On property which is located in a block which is en�rely zoned C-M or M and developed in permited manufacturing uses, fences or walls shall not exceed eight feet in height on sides, front or rear, provided that any wall located in the front or on the side, in the case of a corner or reversed corner
lot, shall be constructed to the rear of the required setback. If outdoor storage is conducted on the property, all fences must be sight-obscuring.
C. Corner or Reversed Corner Lot. On property at any corner formed by intersec�ng streets it shall be prohibited to construct, install or maintain any fence, hedge or wall or any other obstruc�on to view higher than forty inches above the reference point located at either:
1. The point of intersec�on with the prolonga�on of the curblines; or
2. The point of intersec�on of the prolonga�on of the edge of the paved roadway when curblines do not exist.
D. Within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet from the point of their intersec�on, or in the case of rounded corners, the triangular area included between the reference point and the curbline or edge of paved roadway line forty feet from the point of their intersec�on (see Figure 17.05.080-A).
E. When parking is so located that vehicles are facing a public or private street, a forty-two inch high decora�ve block wall shall be installed to the rear of the required setback. (Ord. 822 §1, 1989)
17.09.080 Outdoor storage and opera�ons.
A. Manufacturing Zone (M)
1. Except as permited by Sec�on 17.09.100 all business opera�ons in the manufacturing zone must be conducted en�rely within a completely enclosed building. However, automobile and light truck sales, automobile service sta�ons, outdoor dining, and other businesses which, by their nature, require opera�ons outside of a building may be conducted outside of a building.
Also, certain ancillary opera�ons, such as the immediate loading and unloading of merchandise and supplies, rou�ne property and building maintenance and permited adver�sing may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily stored in approved and permited trash enclosure area(s) for not more than seven days. (Ord. 1057 §5, 2004; Ord. 822 §1, 1989)
2. Loading Doors and Access.
a. Access to an industrial or commercial site shall be located on the side farthest from the residen�al property when the proper�es are adjacent.
b. Any loading doors which face a mul�ple residen�al zone district shall be designed to require that all truck maneuvering take place on site where possible.
B. Commercial- Manufacturing Zone (C-M)
1. Except as permited by Chapter 17.14 all business opera�ons in the commercial-manufacturing zone must be conducted en�rely within a completely enclosed building. However, automobile and light truck sales, automobile service sta�ons, outdoor dining, and other businesses which, by their nature, require opera�ons outside of a building may be conducted outside of a building.
Also, certain ancillary opera�ons, such as the immediate loading and unloading of merchandise and supplies, rou�ne property and building maintenance and permited adver�sing may be conducted out of doors. Non-spoilable trash and/or recyclable material may be temporarily
stored in approved and permited trash enclosure area(s) for not more than seven days. (Ord. 1057 §3, 2004; Ord. 822 §1, 1989)
17.09.090 Outdoor display of merchandise for sale.
Businesses selling merchandise retail purposes in the Manufacturing zone (M) and CommercialManufacturing zone (C-M) may display sale or promo�onal items outdoors subject to the following regula�ons:
A. The merchandise must be displayed on the same lot as the principal loca�on of the business.
B. The area occupied by the outside display of merchandise shall not exceed an area greater than the gross square footage of the principal building on the lot mul�plied by a factor of 0.025. The maximum permissible area occupied by outdoor display of merchandise shall be five hundred square feet.
C. The displayed merchandise must be grouped into a single area and visible from the public street. The displayed merchandise shall not block, or diminish the public view of, or physical access to, any other business or use.
D. The merchandise may not be displayed on, or over, any public right-of-way and may not be located within ten linear feet of any public right-of-way.
E. The displayed merchandise may not be located in, or encroach into, any required yard or setback, or unpaved area.
F. The displayed merchandise must not be located in, or encroach into, any designated driveway, required parking space, or designated fire lane.
G. The displayed merchandise may not block any doorway, designated private pedestrian walkway or obstruct accessibility. The displayed merchandise must follow all ADA standards and regula�ons.
H. The merchandise may not be displayed on top of any por�on of any building, hung from, or affixed to building walls, ra�ers or eaves. Nor may any merchandise be hung from, or affixed to, any fence or wall or inflatable device.
I. The outdoor display of merchandise shall be subject to all applicable health, safety and fire codes.
J. The outdoor display of merchandise for sale, is in and of itself, a form of adver�sing and no addi�onal signage shall be permited for the displayed merchandise except price signs measuring no larger than three inches by five inches may be affixed to the items displayed for sale.
K. The outdoor display of merchandise shall be subject to an outdoor display site plan review and approval by the planning commission and said approval shall be subject to condi�ons, if any, that may be imposed by the planning commission as needed to mi�gate any poten�al nega�ve effects created by the proposed outdoor display, and the planning commission shall deny the applica�on if the planning commission finds that the outdoor display would be detrimental to persons or proper�es in the immediate vicinity of the subject property or to the city in general. The planning commission may revoke any approval for cause.
L. Applica�on for an outdoor display site plan approval shall be made on applica�on forms supplied by the city and pursuant to the instruc�ons provided by the city. At the �me of submital, applicant shall pay an applica�on fee in the same amount as the applica�on fees established for development site plan review. (Ord. 1057 §6, 2004)
17.09.100 Exterior ligh�ng facili�es.
Exterior ligh�ng facili�es shall be arranged in a manner that will not provide a direct glare or create hazardous interference with highways and neighboring proper�es. (Ord. 822 §1, 1989)
17.09.110 Refuse enclosures.
There shall be sufficient refuse enclosures provided to serve each development. Each enclosure shall have minimum interior dimensions of five feet by seven feet and shall be constructed of wood, masonry, block, or a combina�on of such materials and shall be designed to be compa�ble with the principal structure or structures on the site. The number, placement and design of such enclosures shall be determined during review of the proposed development. (Ord. 822 §1, 1989)
17.09.120 Parking, loading, truck and vehicle codes and requirements.
A. Off- street parking and loading shall be provided in accordance with Chapter 17.16.
B. No parking, whether the provision of parking spaces, or other parking, shall be permited on unpaved areas, including the storage of trucks or other types of equipment. (Ord. 822 §1, 1989)
1. No tow yards, impounding, or storage of inoperable vehicles are permited per 17.09.020.
C. All loading docks and doors facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
D. All drive approaches shall be so designed as to preclude direct access to a loading door or loading dock from a public or private street wherever possible. (Ord. 822 §1, 1989) E. Vehicle maintenance and repair must take place within a solid masonry structure enclosed on at least three sides with any openings, other than windows or fire exits, facing away from any public or private street. (Ord. 822 §1, 1989)
Chapter 17.10
OVERLAY ZONES – STANDARDS AND USES
Sections
17.10.010 Intent and purpose.
17.10.020 Overlay zone districts established.
17.10.030 Changes in boundaries.
17.10.040 Building permits.
17.10.050 Application for precise plan.
17.10.060 Powers of the architectural board of review and rules of procedure.
17.10.070 Consideration of adjoining property values.
17.10.080 Compliance required.
17.10.090 Appeal.
17.10.100 Adult business overlay zone.
17.10.110 Religious establishment overlay zone.
17.10.120 Santa Anita Corridor overlay zone.
17.10.010 Intent and purpose.
The overlay zone districts are designed to establish a greater degree of control and regula�on of architectural design in certain defined areas of the city felt to be of special concern. The regula�ons established by this chapter are in addi�on to, or may supersede, regula�ons established for the individual zone districts included within the overlay zone district. However, no uses not specifically permited in the zone district shall be permited in the overlay district. (Ord. 822 §1, 1989)
17.10.020 Overlay zone districts established.
The city council may, following a public hearing, adopt an ordinance declaring certain defined areas within the city as overlay zone districts:
A. The adult business overlay zone
B. The religious establishment overlay zone
C. The Santa Anita Corridor district consis�ng of the area indicated in Sec�on 17.10.120 is established as an overlay zone district.
17.10.030 Change in boundaries.
Changes in the boundaries of any overlay zone district shall be made by ordinance amending the boundaries shown on the appropriate exhibits codified in Sec�on 17.10.020. (Ord. 822 §1, 1989)
17.10.040 Building permits.
No building permit shall be issued for the construc�on or erec�on of any building or structure, or for the reconstruc�on or addi�on to any exis�ng building or structure, anywhere within an overlay zone district un�l a proposed precise development plan for such construc�on, reconstruc�on or addi�on has been submited to and approved by the architectural board of review in accordance with Sec�on 17.10.060. (Ord. 822 §1, 1989)
17.10.050 Applica�on for precise plan.
An applica�on for a precise plan approval shall be filed with the planning director with each applica�on for a building permit and shall therea�er be referred to the architectural board of review. All informa�on, plans, documents, and other maters rela�ng to the issuance of building permit shall accompany said applica�on and, in addi�on, the following:
A. Parcel dimensions;
B. The loca�on, proposed use, site, height, floor plans of all exis�ng and proposed buildings; C. The loca�on, height, and materials to be used in the construc�on of all walls and fences; D. The loca�on, number of spaces, dimensions, and circula�on patern of all proposed off-street parking;
E. All pedestrian and vehicle access routes including interior traffic circula�on design; F. The loca�on, size, height, materials, and ligh�ng of signs; G. The loca�on, dimensions, number of spaces and access to loading areas; H. The loca�on and general nature of ligh�ng;
I. Exis�ng and proposed streets;
J. A landscaping plan indica�ng exis�ng and proposed natural features, such as trees, shrubs, watercourses, topography and proposed landscaping and materials for the surfacing of areas between buildings, driveways, and other open areas;
K. Exterior eleva�on plans. (Ord. 822 §1, 1989)
17.10.060 Powers of the architectural board of review and rules of procedure.
The planning commission is designated the architectural board of review. (Ord. 822 §1, 1989). The architectural board of review shall have the power to establish its own rules of procedure with the following limita�ons:
A. A quorum shall consist of at least three members;
B. A majority vote shall be required to approve any ac�on; C. The secretary to the planning commission shall take and maintain minutes of all mee�ngs of the board. (Ord. 964 §2, 1995; Ord. 822 §1, 1989)
The board shall determine whether the proposed development follows these regula�ons, the design guidelines adopted by resolu�on of the city council, and whether or not it will be detrimental to the public health, safety and welfare or affect the desirability of property values or the present or future development of the surrounding areas. The board shall determine whether the purposes and objec�ves of this chapter have been met and, in that regard, condi�ons may be imposed to assure that the purposes and objec�ves of this chapter are realized. Considera�on will be given to site plans, landscaping, architectural design, arrangements, and the rela�onship of such factors to similar features
of buildings in the immediate area. Interior design shall not be considered, nor shall condi�ons be imposed to require development incongruous with the surroundings.
The board, in compliance with the foregoing, may approve, condi�onally approve, or disapprove any applica�on for a building permit based upon said precise plan, provided that the board may not approve or condi�onally approve the applica�on if the board finds that the building for which the permit has been applied would, if erected or altered or expanded, be detrimental to the environment, property values or development of the surrounding area. (Ord. 964 §3, 1995; Ord. 822 §1, 1989)
17.10.070 Considera�on of adjoining property values.
In the approval or rejec�on of a precise plan, considera�on shall be given and restric�ons shall be imposed to the extent necessary in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, to permit the same degree of protec�on of adjoining proper�es, as would be afforded in normal circumstances by the standard restric�ons imposed by this �tle. If the proposed precise plan of design would substan�ally depreciate property value in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or condi�oned upon adop�on as to remove such objec�ons. (Ord. 822 §1, 1989)
17.10.080 Compliance required.
No person shall violate or fail to comply with any adopted precise plan of design or any condi�on or provision thereof, nor shall a building permit be issued for any structure which would violate or fail to comply with any adopted precise plan of design for the parcel or parcels on which said structure is to be located. (Ord. 822 §1, 1989)
17.10.090 Appeal.
Any appeal of a decision of the board shall be in accordance with the provisions of Sec�on 17.03.130. (Ord. 822 §1, 1989)
17.10.100 Adult business overlay zone.
A. Intent, Purpose, and Establishment of Overlay Zone: The city council hereby establishes the adult business overlay (ABO) zone. The adult business overlay zone shall be the area indicated on Exhibit A (atached to the ordinance codified in this chapter and adopted by reference) as may be amended from �me to �me. The intent and purpose of the adult business overlay zone is to provide ample reasonable opportuni�es for adult businesses, as defined in Chapter 5.25 of this Code, to locate in South El Monte. (Ord. 1066 §1, 2005)
B. Permited Uses:
1. Any adult business that complies with the provisions of Chapter 5.25 of this Code.
2. Any manufacturing use permited pursuant to Sec�on 17.09.020. (Ord. 1066 §1, 2005) C. Development Standards:
D. Any adult business proposed to be located within the ABO zone must comply with all standards, regula�ons and criteria set forth in Chapter 5.25 of this. (Ord. 1066 §1, 2005)
E. No adult business, as that term is defined in Chapter 5.25 of this Code, shall be established on any property:
1. Within one thousand feet of an exis�ng adult business. For the purposes of this subsec�on, an adult business shall be considered exis�ng if either: (1) an adult business permit has been issued for the business; (2) it is currently opera�ng; or (3) an adult business permit has been issued for the business, but it is not currently opera�ng due to a suspension of such permit.
2. Within five hundred feet of any park, exis�ng religious ins�tu�on, or school, as those terms are defined in Chapter 5.25 of this Code, or property zoned for residen�al use. A religious ins�tu�on or school shall be considered exis�ng if such use: (1) is currently in use; (2) has received a building permit; or (3) is indicated on an adopted specific plan or plan submited in connec�on with an improved land use en�tlement applica�on.
3. Within five hundred feet of any property used for residen�al use if the property upon which the adult business is proposed is located within the ABO.
4. The distances specified in this sec�on shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the adult business is proposed, to the nearest property line of the exis�ng adult business, religious ins�tu�on, school, park, or property zoned or used for residen�al use. (Ord. 1066 §3, 2005)
17.10.110 Religious establishment overlay zone.
A. Purpose: The purpose of this chapter is to provide standards of development designed to ensure that these uses will be compa�ble with the neighborhood in which they are located. (Ord. 822 §1, 1989)
B. Loca�on Criteria: a church or place of assembly may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:
1. Primary access shall be from a thoroughfare at least 50 � in right-of-way width for churches and 62 � of roadway width for places of assembly.
2. Churches may be located across a street from a residen�al zone district if the street is classified as a local collector, as a minimum. Places of assembly may be located across a street from a residen�al zone district if the street is an arterial or secondary collector, as a minimum. (Ord. 963 §23, 1995; Ord. 822 §1, 1989)
C. Design Standards: design and appearance of churches and places of assembly shall be compa�ble with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which they are located. The design of such facili�es shall incorporate, but not be limited to, the following:
1. Appropriate use of decora�ve siding and roofing materials such as wood, �le, �nted glass and/or masonry;
2. Addi�onal landscaping above that required;
3. Control of ligh�ng and light fixtures;
4. Subs�tu�on of decora�ve rock or aggregate or other suitable materials for por�ons of areas proposed to be paved. (Ord. 822 §1, 1989)
D. Site plan requirements:
1. Minimum building site: 20,000 sq.�. This requirement may be waived by the planning commission in the case of churches.
2. Minimum setbacks: 20 � on all sides of the site. (Ord. 822 §1, 1989) E. Landscaping:
1. A minimum 10 � wide planter shall be installed parallel to all street right-of-way or precise plan lines.
2. At least 20% of the site shall be landscaped.
3. Landscaping shall consist of trees, shrubs, groundcover, or a combina�on thereof. All landscaped areas shall contain an accepted irriga�on system (sprinklers, bubblers, or diffuser heads) with an automa�c �mer-clock mechanism. All landscaped areas shall be contained within 6-inch concrete or 8-inch masonry planter curbing. All landscaped areas shall be maintained in a reasonably liter-free and weed-free condi�on and all plant materials shall be kept in a reasonably healthy, growing condi�on. (Ord. 822 §1, 1989) F. Frontage and access: Driveway loca�ons and width must meet standards established by the city. (Ord. 963 §24, 1995; Ord. 822 §1, 1989)
G. Fencing and screening: Except for areas used for traffic circula�on, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between 3 and 6 � in height shall be maintained along all interior lot lines. Where any interior lot line abuts a residen�ally zoned lot or a lot with permited residen�al uses, the fence shall be constructed of decora�ve and view-obstruc�ng wood or masonry compa�ble with the design of the principal structure on the site. The fence or wall shall be 6 � in height, except within 20 � of the front property line, in which case it shall not exceed 42 inches in height. (Ord. 822 §1, 1989)
H. Performance standards: Churches and places of assembly shall be operated in a manner which does not interfere with the normal use of adjoining proper�es. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regula�ons of the city.
2. The premises shall be kept clean, and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
3. All exterior ligh�ng shall be designed in such a manner that will protect the highway and neighboring proper�es from direct glare or hazardous interference of any kind.
4. Hours of opera�on, including deliveries to the site shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this chapter, the usual opera�ng hours shall be considered to be between 6 a.m. and 10 p.m. for places of assembly within 500 �
of a residen�al zone. Any modifica�on of these hours must be approved by the planning commission.
5. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons, and visitors on the premises. (Ord. 963 §25, 1995; Ord. 822 §1, 1989) I. Establishment and administra�on of the Religious Establishment Overlay Zone: notwithstanding any other provision in this municipal code, the city council hereby creates a religious establishment overlay zone for the proper�es listed in subsec�on 2 below.
1. All religious establishments shall comply with the requirements and standards set forth in Sec�on 17.10.110 C. through Sec�on 17.10.110 H.
a. Prior to establishing a religious establishment at any of the proper�es listed in subsec�on d, an applicant must:
b. File an applica�on;
c. Pay a fee in an amount established by the city council; and d. Demonstrate that the proposed use can comply with the requirements and standards set forth in Sec�on 17.10.110 C. through Sec�on 17.10.110 H.
2. The following proper�es are included in the religious establishment overlay zone:
a. Calvary Chapel: 1510 Peck Road (Ord. 1159 §2, 2012)
17.10.120 Santa Anita Corridor overlay district.
A. Purpose: The purpose of the Santa Anita Corridor overlay district is to encourage the development of affordable housing and a mixed land use pater along an underu�lized commercial corridor in the City
B. Applicability. This sec�on applies to lots located in the Santa Anita Corridor overlay district as indicated in Figure 17.10.120-A. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addi�on to the standards provided in this sec�on. In situa�ons where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this sec�on the most restric�ve standard shall prevail.
C. Uses Allowed. Land uses allowed in the Santa Anita Corridor overlay district are all those uses allowed in the underlying zoning district.
D. Required Residen�al Density. For commercial-residen�al zoned proper�es that are located within this overlay district, the following standards shall apply:
1. A minimum of fi�y percent of the total floor area proposed for all new mixed-use projects will be devoted to residen�al uses.
2. Allowed development types will be limited to mixed use developments and residen�al standalone uses; and
3. Owner-occupied and rental mul�family residen�al uses will be allowed by right for developments in which at least twenty percent of the units are affordable to lower-income households during the planning period. Currently owner-occupied and rental mul�family
residen�al uses with densi�es of at least thirty units per acre are allowed by right. (Ord. 1243 §6, 2020)
Figure 17.10.120-A The Santa Anita Corridor district
(Ord. 1243 §5, 2020; Ord. 964 §1, 1995; Ord. 822 §1, 1989)
Chapter 17.11
SPECIAL USES – STANDARDS AND USES
Sections
17.11.010 Automobile service stations.
17.11.020 Boarding and roominghouses.
17.11.030 Day care centers.
17.11.040 Drive-In and drive-through establishments.
17.11.050 Hotels.
17.11.060 Industrial and commercial uses adjacent to a residential zone.
17.11.070 Metal buildings.
17.11.080 Mobile home parks.
17.11.090 Off-sale of beer and wine.
17.11.100 On-sale of beer and wine.
17.11.110 Public utility facilities.
17.11.120 Radio and television antennas and wireless telecommunications antenna facilities.
17.11.130 Residential condominiums.
17.11.140 Retail sales of alcoholic beverages.
17.11.150 Senior housing.
17.11.160 Water efficient landscaping.
17.11.010 Automobile service sta�ons.
D. Table 17.11.010-A Operations at Automobile Service Stations Operation Approval and
Permit
Requirements
The retail sales of gasoline and lubricants P
The incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical); sale of merchandise and supplies related to the servicing of motor vehicles; minor automotive maintenance, replacements and repair; and other incidental customer service and products
P
Certain retail commercial activity pursuant to the terms of Section 7.30.015; C The sale of beer and wine for off-site consumption pursuant to the terms of Section 17.11.090
C
Major automotive repairs, painting, auto body repair, fender work, major mechanical work, engine overhauling and similar work, outside display of new or used vehicles, equipment or parts for sale or lease, except as specifically provided in this Code
X
P: Permitted operations
C: Conditionally permitted operations
X: Prohibited operations
A. Addi�onal retail commercial ac�vity:
1. Retail commercial ac�vity in addi�on to those uses permited by Sec�on 17.11.020-A may be condi�onally permited on the same site as an automobile service sta�on. Only permited or condi�onally permited uses in the commercial zones may be condi�onally permited in addi�on to those uses permited by Sec�on 17.11.020-A.
2. A condi�onal use permit must be obtained pursuant to the provisions of Sec�on 17.11.010-A prior to establishing a concurrent use of addi�onal retail commercial ac�vity on the same site as an automobile service sta�on.
3. In addi�on to the criteria set forth in Sec�on 17.03.060, the following factors shall be considered in reviewing the condi�onal use permit applica�on:
a. Whether the proposed commercial ac�vity is compa�ble with the ac�vi�es associated with an automobile service sta�on, the area and surrounding uses; b. Whether the concurrent ac�vi�es would create or cause any of the following:
i. An adverse traffic impact or a traffic safety hazard, including, but not limited to, an adverse impact on traffic circula�on of parking
ii. Pedestrian-vehicle conflicts or pedestrian safety hazards, iii. An accumula�on of garbage or trash,
iv. Excessive noise,
v. Intrusive ligh�ng,
vi. Excessive or unpleasant odors,
vii. Noxious fumes,
viii. Interference with proper�es or uses in the surrounding area due to ac�vi�es associated with the proposed concurrent ac�vi�es or due to their hours of opera�on; c. Whether the facili�es can be located or situated in such a manner so that:
i. Ligh�ng, noise, fumes, rodents, pests and odors can either be eliminated, mi�gated or reduced so as to not adversely affect neighboring proper�es or uses, ii. Traffic generated by the concurrent ac�vi�es can flow smoothly, both on-site and offsite, without crea�ng an adverse traffic impact, or a traffic or safety hazard to vehicles or pedestrians,
iii. The impact on proper�es or uses in the surrounding area due to the ac�vi�es associated with the concurrent ac�vi�es or due to their hours of opera�on does not exceed acceptable levels;
d. Where the commercial ac�vity is related to the sales, prepara�on and/or dispensing of food, whether there is adequate distance between retail petroleum pump islands and the facili�es and ac�vi�es of the food-related commercial ac�vity.
4. Upon applica�on for a condi�onal use permit, the planning commission may approve, deny or condi�onally approve such applica�on. The planning commission may impose any condi�ons which are necessary to preserve the public health, welfare or safety or to mi�gate any poten�al adverse impacts resul�ng from the establishment of concurrent ac�vi�es at an automobile service sta�on. (Ord. 985 §7, 1997)
B. Loca�on criteria: An automobile service sta�on may be located in any zone district which permits that par�cular use subject to the following excep�ons and qualifica�ons:
1. Primary access shall be from thoroughfares at least sixty-two feet in width.
2. Automobile service sta�ons may not be located across a street from residen�al zone districts unless the street is an arterial, collector, or state highway as shown on the select street system.
3. Automobile service sta�ons may not be permited on sites abu�ng schools, parks, playgrounds, libraries, churches or other public or quasi-public uses which have a demonstrated substan�al pedestrian traffic flow for which pedestrian/vehicle conflicts cannot be adequately mi�gated. (Ord. 963 §21, 1995; Ord. 943 §4, 1994; Ord. 822 §1, 1989) E. Table 17.11.010-B Design/Development Standards for Automobile Service Stations
Standard Requirement
Design
Standards
Appropriate use of decorative siding and roofing materials such as wood, tile, tinted glass or masonry.
Vending machines may be placed outside the structure.
Exterior tire displays may be permitted subject to approval of the design and location by the director of planning and community development. Such display may not block a required parking space, driveway aisle, or pedestrian path of travel.
Repairs and Servicing. All permitted repair equipment and services, other than the service of fuel, shall be enclosed entirely within a building. No automotive repairs shall be permitted outside the structure.
No Charge Services. Air for tire inflation, water for radiators, windshield washing materials, and men’s and women’s public restrooms shall be provided to the public at no charge.
A limited number of light-haul type travel trailers as determined by planning commission may be permitted for rental purposes, provided they are kept in an orderly manner and appropriately screened from view wherever possible by use of wood or masonry and/or landscaping. For the purpose of this section, light-haul type trailers are defined as non, self-propelled vehicles designed to be towed by an average passenger-type vehicle. Light-haul trailers shall not exceed four feet in length overall nor have a gross weight of more than one thousand five hundred pounds.
Front entry to lubrication bays and/or service areas shall not be generally permitted except where necessary to minimize the impact on adjacent residential uses.
Landscaping All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zone districts a planter of at least 5 ft in width shall be installed parallel to the street right-of-way or precise plan line.
Landscaping –
Coverage and
Materials
At least 10% of the total site shall be landscaped. Landscaped areas shall contain trees, shrubs, planted groundcover, or a combination thereof. At least 75% of the required landscaping shall be in planting and the remaining 25% may be in landscaping and aggregate materials.
Landscaping -
Irrigation
All landscaping areas shall contain an accepted irrigation system (sprinklers, bubblers or diffuser heads) with an automatic timer-cloak mechanism. All landscaped areas shall be contained within 6-inch concrete or 8-inch masonry planter curbing.
Landscaping –
Corner Lots
Except for driveways, corner lots shall have a permanently landscaped evergreen planted triangular area, formed by the street right-of-way lines and a line connecting them at points thirty feet from the real or projected point of intersection of the street right-of-way.
Refuse
Enclosures -
Standards
Refuse enclosures shall comply with the following:
Minimum interior dimensions - Please check with City’s trash hauler for specific requirements, as they vary from use to use.
The walls of each solid waste enclosure shall be constructed of concrete block or other solid masonry material with an exterior surface finish compatible with the main structure(s).
Each solid waste enclosure shall have a solid gate capable of screening the contents of the enclosure.
Each solid waste enclosure should be designed to allow walk-in pedestrian access without having to open the main enclosure gate.
The property owner shall supply and maintain adequate bins and containers for waste disposal.
Solid waste enclosures shall be architecturally compatible with the main building.
All trash enclosures constructed after the date of the adoption of this article shall comply with the standards set by the Department of Public Works to address runoff water quality and pollutant source reduction.
A two (2) foot perimeter surrounding each recycling and solid waste enclosure, exclusive of access to the enclosure, shall be planted with landscaping.
No solid waste enclosure shall be located in any front or corner side yard.
No recycling or solid waste enclosures (including access doors, when open) shall be located in any required parking space.
Instructional signs shall be conspicuously posted on each trash enclosure giving instructions on the use of the bins and containers.
Refuse
Enclosures -
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure, or a combination thereof, which is compatible with the design of the principal structure on the site.
Fencing and
Screening
Except for areas used for traffic circulation, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between three and six feet in height, shall be maintained along the interior lot lines. Where any interior lot line abuts a residentially zoned lot with a permitted residential use, the fence shall be constructed of decorative and view obstructing wood or masonry compatible with the design of the principal structure on the site. The fence or wall shall be six feet in
height, except within twenty feet of the front property line, in which case, it shall not exceed forty-two inches in height. (Ord. 963 §21, 1995; Ord. 822 §1, 1989) Required
Parking
See Chapter 17.16
F. Table 17.11.010-C Site Plan Requirements for Automobile Service Stations
Standard Requirements
Minimum building site 20,000 sqft
Minimum frontage on one street * 140 ft
Minimum setbacks for fuel pump
islands, measured from the property
lines **
15% of depth of the lot or 20 ft (whichever is less)
Minimum Facilities Required -
Principal service structure:
2 restrooms, office area; equipment and miscellaneous
storage and service area adequate to provide for the operation and maintenance of the station. A minimum of one air and water outlet for each site.
* In the case of corner lots, frontage shall be measured to the extension of the intersec�ng property lines. **A canopy or roof structure over a pump island may encroach up to ten (10) feet from the street property line.
C. Performance standards: Automobile service stations shall be operated in a manner which does not interfere with the normal use of adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regulations of the city.
2. The premises shall be kept clean, and the operator shall assure that no trash or litter originating from the site is deposited on the neighboring properties or on the public right-of-way.
3. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4. Hours of operation, including deliveries to the site, shall be compatible with the needs and character of the surrounding neighborhood. For the purposes of this section, the usual operating hours shall be considered to be between six a.m. and ten p.m. if the establishment is within five hundred feet of a residential zone. Any modification of these hours must be approved by the planning commission.
5. No undesirable odors may be generated from the site.
6. Air for tire inflation, water for radiators, windshield washing materials, and men’s and women’s public restrooms shall be provided to the public at no charge.
7. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
8. A copy of these performance standards shall be posted alongside the establishment’s permits and licenses and visible to employees at all times. (Ord. 963 §22, 1995; Ord. 822 §1, 1989)
9. Restroom Access. All restrooms shall take access from the interior of a building. No exterior access to the restrooms shall be permitted.
10. Vapor Recovery Equipment.
a. All equipment shall be located adjacent to a building, but as far as possible, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals, or group homes. In no case shall the vapor recovery equipment be located within twenty (20) feet to any property with a residential use or other uses designed for overnight human habitation.
b. The location on the site shall not disrupt the flow of vehicular traffic onto and off of the site. c. All vapor recovery equipment shall be completely screened from public view by architectural building features or other screening elements that are compatible in color, texture, and design with the principal structure.
D. Closed Service Stations.
1. All closed service stations, including all buildings, structures, and yards shall be maintained so there is no adverse or detrimental effect on the property of others within the vicinity or neighborhood. All landscaping shall be maintained and properly irrigated and shall not be allowed to become overgrown or dead.
2. The conversion of a service station to another use shall be reviewed during Site Plan Review and/or Conditional Use Permit and shall be approved by the Commission prior to any remodeling or occupancy and pursuant to any cleanup and capping requirements regulated by the County, State, or Federal agencies.
17.11.020 Boarding and roominghouses.
A. Purpose: The purpose of this section is to provide standards to ensure that residences used as boarding or roominghouses shall be compatible with surrounding neighbors and will not adversely impact the area in which such use is located. (Ord. 822 §1, 1989) B. Conditional Use Permit – required: A conditional use permit shall be required for all boarding and roominghouses. (Ord. 822 §1, 1989)
C. Design standards:
1. No exterior alterations shall be made to the residential structure which will change its appearance as to make it out of context with the surrounding dwellings.
2. All parking will be located in the rear yard area.
3. Parking standards shall be the same as for one bedroom or efficiency apartments.
4. Driveway locations and widths must meet standards established by the city and be reviewed by the Community Development Department prior to the approval of the conditional use permit. (Ord. 822 §1, 1989)
D. Performance standards: Boarding and roominghouses shall be operated in a manner which does not interfere with the normal use of adjoining properties. If, in the opinion of the Director Community Development, the provisions of the conditions of approval of the conditional use permit are being violated, such violations shall be grounds for reopening the conditional use permit hearing and the addition of conditions to correct the violations or, if the violations are severe enough, to consider revocation of the conditional use permit. (Ord. 822 §1, 1989)
17.11.030 Day care centers.
A. Purpose: These standards are designed to complement the variety of state laws which control development and operation of day care centers. (Ord. 822 §1, 1989) B. Conditional Use Permit – Planning Commission criteria: Large day care centers (not more than fourteen children) require the approval of a conditional use permit. In evaluating the conditional use permit, the planning commission shall consider the following criteria:
1. Off-Street Parking. One off-street parking space shall be provided for each two employees working at any one time. The spaces shall be in addition to any spaces required for any other use occupying the same building or premises.
2. Off-Street Loading. Wherever possible, an area for the loading and unloading of children shall be provided on the site and laid out in such a manner as to provide for forward travel of vehicles both on entering and leaving the site. (Ord. 1063 §3, 2004; Ord. 822 §1, 1989) C. Conditional Use Permit – state requirements: Indoor areas, outdoor play areas, restrooms, fencing, and other structural requirements shall be governed by the California Health and Safety Code. Any application for a conditional use permit will show evidence of compliance with the applicable state laws. (Ord. 822 §1, 1989)
D. Permitted by right – Family daycare home, a daycare center with 14 children or less that’s within the provider’s home.
E. Licensing: Licensing of day care centers is the responsibility of the Los Angeles County Department of Public Social Services (DPSS) and any applicant for a conditional use permit must show evidence of application to Los Angeles County for proper licensing. (Ord. 822 §1, 1989)
17.11.040 Drive-In and drive-through establishments.
A. Purpose: The purpose of this section is to provide standards of development and performance for drive-in and drive-through establishments. (Ord. 963 §20, 1995; Ord. 822 §1, 1989) B. Retail sales of gasolines and lubricants as an accessory use: The retail sale of gasoline and lubricants is permitted with conveyor and nonconveyor automobile washing operations, automobile repair garages which perform major mechanical repair, parking garages (structures), if the sale of gasoline and lubricants is accessory to the principal use, or in conjunction with a tire, battery and automobile accessory store which is part of a shopping center. (Ord. 985 §3, 1997; Ord. 963 §20, 1995; Ord. 822 §1, 1989)
C. Location criteria: A drive-in or drive-through establishment may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:
1. Access.
a. Primary access shall be from a thoroughfare at least 62 ft in width. b. The driveway entrance to a drive-through business shall not be within five (5) of a curb return c. The width of driveways at the street property line shall not exceed thirty (30) feet. The width of a common driveway may not exceed thirty-six (36) feet. d. The distance between driveways shall be at least twenty-five (25) feet. e. The driveway entrance to a drive-through shall be separated from the general on-site driveway aisle by a five-foot wide landscape planter (includes 6-inch width concrete curbs)
2. Drive-in and drive-through uses may not be located across a street from residential zone districts unless the street is an arterial or collector street shown on the select street system. This provision does not apply to commercial off-street parking lots. (Ord. 963 §20, 1995; Ord. 822 §1, 1989) D. Landscaping. In addition to the landscaping requirements set forth in Section 17.06.070, the following additional standards shall apply:
1. Required planters abutting residential properties shall be planted with trees shrubs, which shall form an uninterrupted screen foliage not less than ten (10) feet in width and which will grow to be not less than fifteen (15) feet no more than twenty (20) feet in height at full growth.
2. An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive-thru lane.
Said hedge shall be planted and maintained at a height of three (3) feet to three and one-half (3½) feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk.
E. Drive-Through Business Lane Standards.
a. All businesses that provide drive-through facilities for serving customers within their automobile shall provide stacking space that meets the requirement in Table 17.11.040-A. b. Each stacking space shall be computed on the basis of a vehicle being nine (9) feet in width and twenty (20) feet in length. Each stacking lane shall be a minimum of twelve (12) feet in width. c. Clear identification and delineation between the drive-in lane(s) and parking lot shall be provided.
d. Where the lot dimensions allow, all drive-in business shall provide an escape lane that allows other vehicles to pass those waiting to be serviced.
e. The stacking lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or alley or traffic ways serving other on-site and/or off-site uses. f. The minimum required length of any stacking space may be increased if it is determined that additional stacking area will be required to adequately serve the use. g. A traffic study addressing both on-site and off-site traffic and circulation impacts may be required.
Table 17.11.040-A Drive-Through Facilities Requirements Use Number of Stacking Space
Banks 5
Coffee Facilities
Before order board 4
Between order board and pick-up window 4
Drug Stores / Pharmacies 4
Dry Cleaning 4
Fast-Food Restaurants
Before order board 4
Between order board and pick-up window 4
Car Washes (Self-Service, Coin-Operated)*
Entry 2
Exit 1
Car Washes (Full-Service)
Entry 6
Exit 2
*Wash stalls shall not count as stacking space.
F. Performance standards: Drive-in and drive-through establishments shall be operated in a manner which does not interfere with the normal use of adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regulations of the city.
2. The premises shall be kept clean, and the operator shall assure that no trash or litter originating from the site is deposited on the neighboring properties or on the public right-of-way.
3. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4. All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
5. No undesirable odors may be generated from the site.
6. Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
7. All deliveries made to businesses abutting residential zones shall occur between the hours of 7:00 a.m. and 9:00 p.m.
8. A copy of the required performance standards shall be posted alongside the establishment’s permits and licenses and be visible to employees at all times. (Ord. 963 §20, 1995; Ord. 822 §1, 1989)
17.11.050 Hotels.
A. Purpose: The purpose of these development standards is to ensure that any hotel constructed in the city will enhance the appearance of both the area in which it is located and of the city as a whole. (Ord. 822 §1, 1989)
B. Condi�onal use permit – required: A condi�onal use permit shall be required for all hotels within the city. (Ord. 822 §1, 1989)
G. Table 17.11.050 -A Development Standards for Hotels
Standard Requirement
Walls Required 6ft high decorative block wall will be constructed on side and rear property lines.
Landscaping Minimum 10ft landscaped setback on each street frontage. 20% of the total site shall be landscaped. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within 6 in concrete or 8 in masonry planter curbing.
Refuse Areas –
Dimensions
5 ft x 7 ft
Refuse Areas -
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
C. Performance standards: Hotels shall be operated in a manner which does not interfere with the normal use of adjoining proper�es. If, in the opinion of the director of planning and community development, or designee, the provisions of this sec�on are being violated, the viola�ons shall be grounds for reopening the condi�onal use permit hearing and the addi�on of condi�ons to correct the viola�ons, or if the viola�ons are severe enough, to consider revoca�on of the condi�onal use permit. (Ord. 822 §1, 1989)
17.11.060 Industrial and commercial uses adjacent to a residen�al zone.
A. Purpose: the purpose of this sec�on is to provide development standards designed to protect singlefamily and mul�ple residen�al neighborhoods from the adverse impacts of industrial and commercial uses while permi�ng such uses to exist in near proximity to residences. (Ord. 822 §1, 1989)
B. Design Standards for Industrial/Commercial Uses Adjacent to a Residen�al zone H. Table 17.11.060-A Design Standards for Industrial/Commercial Uses Adjacent to a Residential zone
Standard Requirement
Commercial/
Industrial Uses
Across the
Street from
Residential
No industrial or commercial building shall be constructed closer than one hundred feet from an existing residence located in a single-family residential zone district when the residence is across a public or private street from the industrial or commercial parcel. If the residential parcel is vacant, the one hundred feet will be measured from the building setback line established by the zone district regulations; if more than one residential parcel is involved, the distance shall be computed from the closest residential structure or from the setback line if there is a vacant parcel involved. Measurements shall be made from habitable structures only; detached garages, or accessory buildings will not be considered.
Commercial/
Industrial Uses
Adjacent to
Single-Family
Residential
(Side or Rear)
Industrial or commercial buildings will maintain a setback (side or rear) of fifty feet from any existing residence located in a residential zone district. The side or rear setback area may be used for access to the site or for passenger vehicle parking only.
No outdoor operations, storage or truck loading shall be permitted in this area.
Commercial/
Industrial Uses
Industrial or commercial buildings will maintain a five feet side or rear setback from a multiple residential zone district with no openings, other than required fire exits
Adjacent to
Multifamily
Residential
(Side or Rear)
facing the residential property. The only exception to this shall be in the case of a rear yard which abuts a multiple residential zone district. In this case, a forty-six-foot rear yard may be maintained providing that this area is used only for passenger vehicle parking and that the only openings facing the residential property are required fire exits.
Required Front
Setback
That area between the property line and the face of a commercial or industrial building created to maintain the required one hundred feet separation for buildings facing a residential zone district shall be considered a required front yard. Parking shall be permitted to the rear of the first ten feet of the setback.
Loading Doors
and Access
Access to an industrial or commercial site shall be located on the side farthest from the residential property when the properties are adjacent. Any loading doors which face a residential zone district shall be designed to re-quire that all truck maneuvering take place on site whenever possible.
Landscaping • All required front setbacks shall be fully landscaped except for pedestrian walks, necessary drives and parking areas to the rear of a ten-foot landscaped strip. • Landscaping shall consist of trees, shrubs, groundcover, or a combination thereof. • All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within a six-inch concrete or eight-inch masonry planter curbing
• All landscaped areas shall be maintained in a reasonably litter-free and weed-free condition and all plant materials shall be kept in a healthy growing condition.
Fencing and
Screening
A solid masonry wall, eight feet in height shall be maintained on any property line which abuts a residential zone.
Fencing and
Screening –
Single Family
Residential
When an industrial or commercial property is across a street from a residential zone district a solid masonry wall shall be constructed across any yard or parking area. This wall will be located to the rear of any required front setback.
Fencing and
Screening –
Multifamily
Residential
When an industrial or commercial property is across a street from a multiple residential zone district, a fence or wall shall be constructed across any yard or parking area. This fence or wall shall be located to the rear of any required front setback and shall not exceed forty-two inches in height if constructed of solid masonry, concrete or wood, but may be increased to a height of eight feet if the increase in height consists of wrought-iron, chain link or other “see-through” material and the design is approved by the director of planning and community development, except when such wall or fence is required for screening purposes the wall fence shall be constructed of solid materials, either block or wood.
A. Performance Standards: All industrial and commercial businesses which are located in close proximity to residen�al zones shall be operated in a manner which will not interfere with the residents’ enjoyment of their property. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at the property lines shall not exceed levels prescribed by noise regula�ons of the city.
2. All punch presses, shears and similar types of equipment shall be mounted on vibra�on reducing mounts so that no detectable level of vibra�on is transmited to other proper�es or the public right-of-way.
3. No outdoor storage shall be permited in any yard adjacent to a residen�al zone district.
4. The premises shall be kept clean and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
5. All exterior ligh�ng shall be designed in such a manner that will protect the highway and neighboring proper�es from direct glare or hazardous interference of any type.
6. No mechanical equipment such as compressors, pumps or air condi�oning units will be placed adjacent to residen�ally zoned property.
7. Hours of opera�on, including deliveries to the site shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual opera�ng hours shall be considered to be between six a.m. and ten p.m. Any modifica�on of these hours which results in earlier or later hours of opera�on shall require the approval of the planning commission. (Ord. 963 §29, 1995; Ord. 822 §1, 1989)
17.11.070 Metal buildings.
A. Purpose and intent: The city prohibits the construc�on of buildings with exterior walls or roofs of metal. Many buildings in the city have been constructed of S-type galvanized, uncoated metal prior to the prohibi�on of metal buildings. These buildings are now nonconforming. The cost to remove or recover the metal walls or roofs could be considerable and could force some businesses out of the city. Since the adop�on of the prohibi�on on metal buildings, new, more aesthe�c and structurally sound metal panels have been developed. The intent of these regula�ons is to provide guidance and standards for the rehabilita�on or reconstruc�on of exis�ng metal buildings in order that the exis�ng buildings shall be upgraded with as litle adverse economic impact upon the community as is reasonably possible. (Ord. 822 §1, 1989)
B. Metal buildings – defined: For the purpose of these regula�ons, a “metal building” means any building or structure in which any exterior wall or roof is constructed of metal, or a combina�on of metal and any other construc�on material including, but not limited to, wood, masonry block, concrete or stucco. Any exis�ng shed type building open on three or more sides and which is constructed predominately of metal and/or has a metal roof shall, for the purpose of these regula�ons, be classified as a metal building. (Ord. 822 §1, 1989) C. Metal buildings – prohibited: No new metal building shall be constructed within the city; except for any new metal building that can meet the development standards under Sec�on 17.11.070(G). This sec�on does not prohibit use of metal for nonbearing architectural or decora�ve features. (Ord. 1219 §1, 2018; Ord. 822 §1, 1989)
D. Metal buildings – exis�ng: Exis�ng metal buildings visible from any public street or private street generally open to the public may remain at their current loca�on subject to the following condi�ons:
1. Notwithstanding the provisions of Chapters 17.05 through 17.09, any metal building situated so that no other building is located between it and all streets from which the metal building is
visible shall be en�rely rehabilitated or reconstructed using nonmetallic materials, including wood, stucco, brick, masonry block or similar building materials, or may be reconstructed using approved metals mee�ng the standards contained in the figures in Sec�on 17.11.120(E) of these regula�ons, or may be reconstructed using a combina�on of approved metals and any other acceptable building materials.
2. Notwithstanding the provisions of Chapters 17.03, 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 7.11 and 17.13, any metal building situated so that another building is located between the building and all streets from which the metal building is visible shall be required to replace only those por�ons of the building visible from the street, including edges of metal roofs, with nonmetallic building materials or with approved metals mee�ng the standards contained in the figures in Table 17.11.070-A. In addi�on, all other por�ons of the walls of such metal building which are not visible shall be coated as provided in the figures in Table 17.11.070-A in a color to match the rehabilitated por�on of the building.
3. All rehabilita�on or reconstruc�on required by this sec�on on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within the Rosemead Business Improvement Project Area or within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992.
Notwithstanding the above, all rehabilita�on or reconstruc�on of roofs required by this sec�on must be completed not later than provided in Sec�on 17.11.070(E), regardless of whether the building is located within the boundaries of Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2.
4. Notwithstanding any other provision of this sec�on, the city council may, a�er a public hearing held as prescribed in Sec�on 17.03.130, grant an extension of the period of �me permited by this sec�on for the rehabilita�on or reconstruc�on in compliance with this sec�on of buildings located in the Rosemead Business Improvement Project Area and Business Improvement District Project Area No. 2. One or more extensions may be granted for any use or building, but the total of such extensions shall not exceed two years.
5. The city council may grant an extension of the �me periods prescribed by this sec�on only where the following findings are made:
a. The property owner has provided proof sa�sfactory to the city manager and city atorney that a regulatory agency with jurisdic�on over the property will not permit the rehabilita�on or reconstruc�on required by this sec�on without the expenditure of funds which would exceed the value of the property once rehabilitated or reconstructed by a factor of 1.0; or b. The property owner has provided proof sa�sfactory to the city manager and city atorney that the property owner has received all necessary permits for the rehabilita�on or reconstruc�on required by this sec�on but that, in the discre�on of the council, the property owner should be granted addi�onal �me to complete the rehabilita�on or reconstruc�on; and
c. The property owner has provided proof sa�sfactory to the city manager and city atorney that the property owner has received all necessary permits for the rehabilita�on or reconstruc�on required by this sec�on but that, in the discre�on of the council, the property owner should be granted addi�onal �me to complete the rehabilita�on or reconstruc�on; and
d. That a schedule of repair and improvement has been established which will bring the property into a reasonable conformity within such period of �me as the city council shall establish, not to exceed one year; and
e. That a �me extension will not be materially detrimental to the public health or safety, or to the use, enjoyment or valua�on of property of other persons in the vicinity.
6. The city council, in gran�ng an extension as provided herein, may impose condi�ons it deems necessary to ensure that the grant will be in accord with the findings required. Failure to comply with the schedule of repair and improvement shall cons�tute grounds for revoca�on of any extension granted pursuant hereto, but only a�er a public hearing held as herein prescribed.
I. Table 17.11.070-A General Standards for Metal Panels and Coatings Standard Requirement
Metal Walls
– Materials
All metal wall panels shall be 6-90 hot-dipped galvanized steel, and shall be not less than 24-gauge in thickness. All panels and exposed fasteners shall be coated at the factory with products meeting the following specifications:
• Colors shall not change more than 5E (hunter) units (per ASTM D-224) for a period of 20 years.
• Colors shall not chalk more than a 7 rating (per ASTM D-659) for a period of 20 years. • Coatings shall not peel, crack, check or chip for a period of 20 years.
Panels
Permitted as
Replacement
Material
Embossed
architectural
panels with
concealed
fasteners
Flat 12-inch
panels with
grooves and
concealed
fasteners
Flat 12-inch
panels with
concealed
fasteners
Type “A” panels
Vee rib
architectural
panels with
semi-concealed
fasteners
Shadow line
panels
Box rib panels
Bold line panels
Permitted
metals
Only those metals meeting the standards contained in the figures above may be used to rehabilitate or reconstruct existing metal buildings except as provided in Section
17.11.070(G).
Prohibited
metals
The use of S-type corrugated metal panels for rehabilitation or reconstruction of existing metal buildings is expressly prohibited as is any other metal panel not included in the figures above. No wall may be constructed or reconstructed using any metal other than those listed and illustrated above. The S-type galvanized corrugated metal panels illustrated below are specifically prohibited.
7. Any metal building which is granted an excep�on under the provisions of Sec�on 17.11.070(G), must comply with the following:
a. Planning and community development department would survey building to determine if and to what extent repairs to exis�ng panels are necessary;
b. Owner must do work in accordance with writen specifica�ons of the city and must use a licensed contractor and approved paint;
c. Must obtain a building permit;
d. Must execute a maintenance agreement with the city to ensure extended maintenance of the building;
e. All rehabilita�on or reconstruc�on required by this sec�on on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within the Rosemead Business Improvement Project Area shall be completed not later than April 24, 1992. All rehabilita�on or reconstruc�on required by this sec�on on buildings located within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992. Notwithstanding the above, all rehabilita�on or reconstruc�on of roofs required by this sec�on must be completed not later than provided in Sec�on 17.11.070(E), regardless of whether the building is located within the boundaries of the Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2 (Ord. 916 §1, 1992; Ord. 906 §§1, 2, 1991; Ord. 883 §§1, 2, 1990; Ord. 873 §1, 1989; Ord. 822 §1, 1989).
E. Metal roofs – prohibited: Any metal building visible from a public street or private street generally open to the public must comply with the requirements of subsec�ons A and B of this sec�on within ten years of installa�on of a metal roof that does not comply with the requirements of Sec�on
17.03.090 or by September 1, 1993, whichever is later. Furthermore, a permit for such improvement must be obtained no later than two years prior to the date upon which the improvements must be completed.
1. For a metal building so situated that no other building is located between the metal building and any street from which the metal building is visible, the roof of the metal building shall be covered by a nonmetal material, covered with metal mee�ng the requirements of this sec�on, removed and replaced with metal mee�ng the requirements of this sec�on, or removed and replaced with a nonmetal material.
2. For a metal building so situated that another building is located between the metal building and any street from which the metal building is visible, all por�ons of the roof visible from any street, shall be either covered with a metal mee�ng the requirements of this sec�on, removed and replaced with a metal mee�ng the requirements of this sec�on, or removed and replaced with a nonmetal material. In addi�on, all other por�ons of the roof of such metal building shall be covered with a paint material approved by the city manager in a color to match the visible por�ons of the metal roof improved pursuant to this subsec�on. (Ord. 822 §1, 1989) F. Metal buildings – exempt: Any metal building not visible from a public street or a private street generally open to the public may remain as a nonconforming building, but shall be removed in ten years from the effec�ve date of these regula�ons codified in this sec�on unless either of the following occurs:
1. Reconstruc�on or rehabilita�on in conformance with the provisions of these regula�ons as they apply to a building fully visible from a public street or private street generally open to the public; or
2. Increase in building area, whether by addi�on, whereupon, the en�re site must be brought into conformity with the zone district regula�ons for the zone in which the building is located. (Ord. 822 §1, 1989)
G. Excep�on:
1. In any case where an exis�ng metal building has been constructed of metal panels mee�ng one of the approved panel configura�ons shown in the figures in Table 17.11.070-A and such panels are in a good state of repair as determined by the building division, even though unpainted, such buildings may be treated with an approved coa�ng as provided in the figures in Table 17.11.070- A in lieu of replacing the exis�ng metal panels other than as required to eliminate damage.
2. Any new metal building shall be permited if the building meets the following development standards:
a. The proposed metal building is located one hundred feet or more from the front property line;
b. The proposed metal building is not constructed on a corner lot; and c. The exterior of the proposed metal building is a smooth exterior metal finish.
3. In addi�on to the requirements of subsec�ons A and B, all other requirements of this Code shall be met, including the submission of a site plan, eleva�ons and list of materials and colors for review and approval of the community development director. The above men�oned condi�ons must be sa�sfied; no variance shall be granted that would authorize a devia�on from these condi�ons. (Ord. 1219 §2, 2018; Ord. 822 §1, 1989)
H. Landscaping: In order to facilitate the upgrading of exis�ng metal buildings, landscaping provided shall not be required to comply with the landscaping requirements of the zone district in which the building is located. Every effort shall be made to meet requirements, however, failure to do so shall not preclude the issuance of the building permit. (Ord. 822 §1, 1989) I. Parking: Because many sites were developed in accordance with codes no longer in effect parking may not comply with current standards. Every effort shall be made to provide parking in accordance with the zone district regula�ons for the zone in which the site is located, however, failure to meet the current requirements shall not preclude the issuance of a building permit. (Ord. 822 §1, 1989) J. Informa�on required: Each applicant for a building permit to rehabilitate or reconstruct an exis�ng building or buildings shall submit a site plan showing the parameters of the site, the loca�on type and construc�on of each building on the site, parking, loading doors or docks, landscaping and storage areas. The applicant shall also submit eleva�ons of the building(s) to be rehabilitated or reconstructed including details on materials to be used and colors. (Ord. 822 §1, 1989)
17.11.080 Mobile home parks.
A. Purpose: These standards are designed to ensure that mobile home parks located within the city are compa�ble with surrounding uses and will enhance the appearance of the neighborhood in which they are located and the city as a whole. (Ord. 822 §1, 1989) B. Condi�onal use permit – required: A condi�onal use permit shall be required for the establishment or enlargement of any mobile home park. (Ord. 822 §1, 1989) J. Table 17.11.080-A Development Standards
Standard Requirements
Minimum site area 5 acres
Setbacks 10 ft on all street frontages
Minimum Frontage –
Mobile Home Spaces
Minimum frontage of 30 ft facing a drive or other designated roadway.
Area Requirements -
Mobile Home Spaces
At least 80% of the sites or spaces within any mobile home park shall contain not less than 2000 sqft exclusive of areas required for off-street parking. The remaining 20% of such site will contain a minimum of 1500 sqft exclusive of areas required for off-street parking.
Off-Street Parking –
Mobile Home Spaces
See Chapter 17.16
Recreation area There shall be a minimum of 200 sqft of area per mobile home space set aside for recreational purposes for residents of the park and shall be landscaped and designed as a recreational facility. Any recreation building proposed for the development shall be located in the designated recreation area.
Design standards • Structures located on the site shall not exceed the maximum allowable height within the district unless approved by the planning commission.
• All buildings constructed on the site shall have a common architectural theme.
• A sign design plan, incorporating all proposed signs on the site, shall be required at the time the conditional use permit is considered.
Lighting All lighting shall be designed to protect the public streets and neighboring properties from direct glare or hazardous interference of any kind
Landscaping -
Setbacks
All required setbacks shall be landscaped as well as 10% of the total site.
Landscaping –
Materials 1
Landscaped areas shall consist of trees, planted groundcover, shrubs, or a combination thereof. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within 6 in concrete or 8 in masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse enclosures Sufficient refuse enclosures shall be provided. Such enclosures shall be constructed of masonry or wood, and shall be compatible with the general design theme of the park.
Refuse enclosures –
Dimensions
Minimum interior dimensions of 5 by 7 ft
Fencing and
Screening
A solid masonry wall, 6 ft in height shall be provided on all property lines, except that such wall shall be constructed to the rear of any required setback on street frontages.
1. A landscape plan shall be submited to the department of planning and community development for approval.
17.11.090 Off-sale of beer and wine.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling beer and wine for off-site consump�on (“off-sale beer and wine”).
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of ABC license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng off-sale permit to a new owner at the same loca�on. (Ord. 1084 §2, 2006)
B. Condi�onal use permit – required: A condi�onal use permit shall be required for off-sale beer and wine in addi�on to any other en�tlement required for any use on the subject property. The applica�on shall be filed by the applicant and considered by the planning commission for approval, condi�onal approval or denial pursuant to the procedures specified in Sec�on 17.03.060. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §2, 2006) C. Concurrent retailing of motor vehicles fuel – condi�onal use permit – required: The provisions of Sec�on 17.03.060 shall apply to any applica�on for the concurrent retail sales of motor vehicles fuel with off-sale wine and beer. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §2, 2006)
D. Opera�onal and performance standards: Off-sale beer and wine establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, such uses shall be subject to the following opera�onal and performance standards:
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the state regula�ons for the off-sale of alcoholic beverages unless the city imposes shorter hours of opera�on as a condi�on to the permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise, as that term is defined in Sec�on 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §2, 2006) E. Condi�onal use permit – off-sale beer and wine – expira�on: The regula�ons set forth in Sec�on
17.03.060 regarding expira�on apply to any condi�onal use permit for off-sale of beer and wine.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §2, 2006) F. Modifica�on or revoca�on: A condi�onal use permit granted pursuant to this sec�on shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the permit may modify and/or revoke the condi�onal use permit pursuant to the provisions in the manner provided by Sec�on 17.03.060 of this �tle. (Ord. 1084 §2, 2006)
G. Design standards: The design and appearance of any off-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with
surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §2, 2006)
17.11.100 On-sale of beer and wine.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling or serving beer and wine for on-site consump�on (“on-sale beer and wine”).
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of California Alcohol Beverages Control (“ABC”) license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng on-sale permit to a new owner at the same loca�on. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) B. Condi�onal use permit – required: A condi�onal use permit shall be required for on-sale beer and wine in addi�on to any other en�tlement required for any use on the subject property. An applicant shall file an applica�on for considera�on by the planning commission for approval, condi�onal approval or denial pursuant to the procedures specified in Sec�on 17.03.060. Any decision of the city to approve, condi�onally approve, or deny the applica�on shall be based upon writen findings supported by substan�al evidence in view of the whole record. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
C. Condi�onal use permit – distance requirements: No condi�onal use permit for on-sale beer and wine shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious ins�tu�on, school, park, or area zoned for residen�al uses. The distance specified in this sec�on shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the use is proposed to the nearest property line of the exis�ng onsale use, religious ins�tu�on, school, park or property zoned for residen�al uses. (Ord. 1084 §1, 2006: Res. 04-56, 2004; Ord. 1009 §11, 1999)
D. Opera�onal and performance standards: On-sale wine and beer establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, all such uses shall be subject to the following opera�onal and performance standards.
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the establishment’s ABC license unless the city imposes shorter hours of opera�on as a condi�on to the condi�onal use permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to assure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise, as that term is defined in Sec�on 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) E. Condi�onal use permit – one sale beer and wine – expira�on: The regula�ons set forth in Sec�on
17.03.060 regarding expira�on apply to any condi�onal use permit for on-sale of beer and wine.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
F. Modifica�on or revoca�on: A condi�onal use permit for the on-sale of beer and wine shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the applica�on shall conduct a public hearing pursuant to Sec�on 17.03.060. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999) G. Design standards: The design and appearance of any on-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with