surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §1, 2006; Ord. 1009 §11, 1999)
17.11.110 Public u�lity facili�es.
A. Purpose: the purpose of this sec�on is to provide standards of development designed to lessen the nega�ve impacts caused by public u�lity facili�es and to ensure their compa�bility with neighboring uses. (Ord. 822 §1, 1989)
B. Loca�on criteria:
1. Such uses shall be located on arterial or larger streets unless another loca�on shall be approved by the planning commission.
2. Such uses shall not be located on any side of, or across from any residen�al use, park, school or church unless such use is a water well, pump sta�on, enclosed water storage facility or cellular telephone antenna.
3. The site shall be of sufficient size to accommodate all structures and required parking for the site. (Ord. 963 §§26, 27, 1995; Ord. 822 §1, 1989)
C. Design standards: the design and appearance of public u�lity facili�es shall be compa�ble with surrounding uses and shall not detract from the neighborhood in which the use is located. The design of such facili�es shall include, but not be limited to:
K. Table 17.11.110-A Design, Development, and Site Standards and Requirements for Public Facilities
Standard Requirements
Height of
Structures
Structures located on the site shall not exceed the maximum allowable height within the zone district unless approved by the planning commission.
Materials of
Structures
Offices, maintenance buildings and, where possible, the facility itself shall incorporate building materials which are compatible with materials used in surrounding development.
Loading
Docks/Doors
Any loading dock or door facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
Lighting Control of lighting and light fixtures.
Minimum Site Area None
Minimum Setbacks
– Front
20 ft
Minimum Setbacks
– Side/Rear
10 ft
Landscaping Landscaped areas shall consist of trees, planted groundcover, shrubs, or a combination thereof. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within six-inch concrete or eight-inch masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse Enclosures –
Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
Refuse Enclosures –
Dimensions
5 ft x 7 ft
Fencing and
Screening
Except for areas used for driveways, a solid masonry wall or chain link fence containing sight-obscuring slats shall be maintained along all lot lines. The maximum height of the fence cannot exceed eight feet. The fence constructed along any street side of the site shall be located to the rear of any required setback.
Required Parking See Chapter 17.16
D. Performance standards: public u�lity facili�es shall be operated in a manner which does not interfere with the normal use of the adjoining proper�es. Accordingly, the following performance standards shall be applicable to all such establishments:
1. Noise levels measured at property lines shall not exceed the levels prescribed in the noise regula�ons of the city.
2. The premises shall be kept clean and the operator shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or on the public right-of-way.
3. No undesirable odors shall be generated from the site. (Ord. 963 §28, 1995; Ord. 822 §1, 1989)
17.11.120 Radio and television antennas and wireless telecommunica�ons antenna facili�es.
A. Purpose and Intent: The city council finds, determines and declares as follows:
1. The purpose of the regulatory provisions set forth in this sec�on is to establish development standards for the installa�on and maintenance of antennas and wireless telecommunica�ons antenna facili�es within specified areas of the city. These standards are intended to ensure that the design and loca�on of those antennas and facili�es are consistent with previously adopted policies of the city, to promote the public health, safety, comfort, convenience, and general welfare of the city’s residents, and to enhance the aesthe�c quality and appearance of the city by maintaining architectural and structural integrity and by protec�ng views and vistas from obtrusive and unsightly accessory uses and facili�es.
2. In adop�ng and implemen�ng the regulatory provisions of this sec�on, it is the intent of the city council to further the objec�ves specified above in subsec�on A without unnecessarily burdening the federal interests in ensuring access to satellite services, in promo�ng fair and effec�ve compe��on among compe�ng communica�ons service providers, and in elimina�ng local restric�ons and regula�ons that, with regard to antennas, preclude recep�on of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installa�on, maintenance, or use of those antennas.
3. With regard to the regulatory requirements set forth below in Sec�on 17.11.120(B) that relate to site plan review and to a building permit, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community in order to protect public safety. The city council further finds and determines that these regulatory requirements
are applicable to the proposed installa�on of satellite earth sta�on antennas that are not permited accessory uses and that, because of legi�mate safety-related concerns, do not meet the criteria for exemp�on from local regula�on established by the Federal Communica�ons Commission (“FCC”) under the Telecommunica�ons Act of 1996.
4. The regulatory provisions set forth in this sec�on are not applicable to any of the following:
a. City-owned antennas or antenna facili�es, including those used for emergency communica�ons and public safety purposes, that are located or proposed to be located on either publicly-owned or privately-owned property.
b. Privately-owned over-the-air recep�on devices that are located or proposed to be located on city-owned property or within the public rights-of-way; provided that owners of such devices must obtain encroachment permits and comply with all applicable requirements that relate to the use of the public rights-of-way. (Ord. 1044 §3, 2003) B. Regula�on of over-the-air recep�on devices:
1. Mandatory Compliance with Code Requirements. In addi�on to compliance with all safetyrelated development standards set forth in this sec�on, the installa�on of over-the-air recep�on devices must be in compliance with all applicable building codes, fire codes and electrical codes.
In par�cular, electrical service must be properly grounded, and rated fire walls may not be penetrated.
2. Permited Accessory Uses. Over-the-air recep�on devices described below in this subsec�on may be installed as permited accessory uses in zoning districts where residen�al and nonresiden�al uses are authorized without site plan review and without obtaining a building permit, provided that they comply with all applicable development standards set forth in subsec�on C of this sec�on.
L. Table 17.11.120-A Permitted Accessory Uses – Over-the-Air Reception Devices
Use Type Approval and
Permit
Requirements
An antenna located in any zoning district that is designed for the following purposes and that meets the specified dimensions and height limitations:
A. An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, provided that such antenna is one meter (39.37″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast B. An antenna that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is one meter (39.37″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast
P
C. Antennas referenced above in subsections (A) and (B) of this section, whether building-mounted or ground-mounted, may not exceed the height limitation that is applicable to the zoning district involved.
An antenna that is designed to receive video programming services that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (78.74″) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast. In no event may such antenna exceed the height limitation that is applicable to the zoning district involved.
P
An antenna located in any zoning district, which antenna is designed solely to receive television broadcast signals, and such antenna, whether buildingmounted or ground-mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality.
P
C. Development Standards.
1. The following development standards apply in all zoning districts to the si�ng, construc�on and opera�on of over-the-air recep�on devices consis�ng of satellite earth sta�on antennas that are referenced above in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, and to all over-theair recep�on devices consis�ng of satellite earth sta�on antennas that are subject to site plan review and to the issuance of a building permit.
M.Table 17.11.120-B Design and Development Standards for Over-theAir Reception Devices Device/Facility Requirements
Satellite Earth
Stations
• No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.
• Satellite earth station antennas, whether ground-mounted or buildingmounted, including any guywires, masts and accessory equipment, must be located and designed to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping, fencing or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified if the antenna’s reception is impaired.
• No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure, or between the main building or structure and the side property line on the street side of a corner lot.
• Satellite earth station antennas must be finished in a non-metallic finish or painted in a color that is compatible with the surrounding environment • All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors
• All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance that is required by the electrical code and by other statutes and regulations
• No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized as provided for in this Code; • All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire and electrical codes.
Guywires Guywires may not be anchored within the front yard of any lot or within the side yard on the street side of a corner lot
Masts • Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials • Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards
Cables, Wires or
Similar Electrical
Transmission
Devices
To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground Footings If footings are required for the installation of a ground-mounted satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer
Connectors All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of the magnitude specified in the Building Code
Additional
Standards –
Satellite Earth
Stations in
Nonresidential
Zones
• All ground-mounted satellite earth station antennas must be located at least five feet from any property line
• If roof-mounted, a satellite earth station antenna must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development.
D. Site Plan Review Required.
1. If a proposed satellite earth sta�on antenna will exceed the permissible height limita�ons referenced above in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, or if the diameter or diagonal measurement of the proposed satellite earth sta�on antenna exceeds the limita�ons specified in Table 17.11.120-A subsec�ons (A) and (B) of this sec�on, then an applica�on for site plan review must be submited to the director of community development and approved by the architectural board of review. If the applica�on is approved, a building permit must be obtained;
2. The city council expressly finds and determines that these regulatory requirements rela�ng to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthe�c objec�ves, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installa�on of satellite earth sta�on antennas that are not permited accessory uses and that do not meet the criteria for exemp�on from local
regula�on established by the Federal Communica�ons Commission (“FCC”) under the Telecommunica�ons Act of 1996;
3. In addi�on to any other requirements set forth in this �tle, the applica�on for site plan review must include the following:
a. Construc�on drawings that show the proposed method of installa�on and the manufacturer’s specifica�ons, including equipment specifica�ons that are mandated by the FCC,
b. A plot plan showing the proposed loca�on on the site of the satellite earth sta�on antenna on the site, its distance from other structures on the site, and its distance from the closest structures on adjacent proper�es,
c. Engineering data evidencing that the satellite earth sta�on antenna will be in compliance with all structural requirements of the Building Code. (Ord. 1044 §3, 2003) E. Guidelines for op�mum placement and installa�on:
1. The city manager may cause to be prepared and disseminated informa�on concerning the placement and installa�on of satellite earth sta�on antennas in accordance with voluntary guidelines that will help to achieve the city’s safety-related objec�ves and to promote reasonable aesthe�c objec�ves in order to maintain property values.
2. The informa�on referenced above in Sec�on 17.11.120 A. of this sec�on may include, without limita�on, the following:
a. Installers of satellite earth sta�on antennas who are licensed to conduct business within the city;
b. Federal regula�ons promulgated by the FCC that preempt governmental and nongovernmental restric�ons on antenna users who occupy residen�al units, including residen�al units subject to homeowner associa�on CC&Rs and residen�al units within mul�ple-dwelling complexes, whether owner-occupied or tenant-occupied; c. The availability to exis�ng or prospec�ve antenna users of “no fee” safety-related inspec�ons by the city;
d. Guidelines rela�ng to the preferred placement of satellite earth sta�on antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms or landscaping, or the addi�on of new architectural elements that are compa�ble with the design of adjacent buildings; e. Guidelines rela�ng to preferred neutral finished colors of satellite earth sta�on antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflec�ve nor metallic. (Ord. 1044 §3, 2003) F. Regula�on of wireless telecommunica�ons antenna facili�es:
1. Facili�es within Public Rights-of-Way. Wireless telecommunica�ons antenna facili�es that are proposed to be installed in any zoning district where those facili�es are authorized, which
facili�es have above-ground components that will be placed within any public rights-of-way, must comply with all applicable provisions of the city’s highway permit ordinance.
2. City-Owned Land, Buildings, and Rights-of-Way.
a. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es on or within cityowned land or buildings. The proposed si�ng of these facili�es on all city-owned property will require a license or lease agreement with the city, which license or lease agreement must be approved by the city council.
b. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es, or to the si�ng of radio equipment used by a telecommunica�ons service provider in opera�ng a wireless, microcellular digital radio communica�ons network, upon exis�ng above-ground poles or similar appurtenances located within the public rights-of-way. Applica�ons for the placement of these antenna facili�es or radio equipment upon exis�ng above-ground poles or similar structures located within the public rights-of-way will be submited to the director of community development on a form provided by the city, along with an applica�on fee in an amount established by resolu�on of the city council. Any authorized use of exis�ng poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the city.
c. Except for Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on do not apply to the si�ng of wireless telecommunica�ons antenna facili�es, or to the si�ng of radio equipment used by a telecommunica�ons service provider in opera�ng a wireless, microcellular digital radio communica�ons network, upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way.
Applica�ons for the placement of these antenna facili�es or radio equipment upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way will be submited to the director of community development on a form provided by the city, along with an applica�on fee in an amount established by resolu�on of the city council. Authoriza�on for the installa�on of any new above-ground pole or similar structure for the opera�on of an antenna facility or radio equipment will be subject to a license, lease or franchise agreement with the city, as may be applicable and authorized by law, which license, lease or franchise agreement must be approved by the city council. d. Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of Sec�on 17.11.120 F.2. of this sec�on may contain a requirement that the telecommunica�ons service provider, or the property owner, submit documenta�on that the electromagne�c fields (EMFs) from the proposed antenna facili�es or radio equipment will be within the limits approved by the FCC, and that a report be submited annually evidencing the fact that the EMFs con�nue to be within approved FCC limits.
3. Applicability of Regula�ons. Subject to the excep�ons set forth in Sec�on 17.11.120 F.1. of this sec�on, the regulatory provisions of this sec�on are applicable to the si�ng of wireless telecommunica�ons antenna facili�es on land and buildings located within the following zoning
districts: the commercial zone (C), the commercial-manufacturing zone (C-M), the manufacturing zone (M) and the public-facili�es zone (P-F). The si�ng and construc�on of wireless telecommunica�ons antenna facili�es in these nonresiden�al zoning districts where those facili�es are authorized is subject to site plan review and to a building permit.
4. Applica�on for Site Plan Review. The applica�on for site plan review must include the following:
a. A site plan, drawn to scale, showing all exis�ng improvements on the site, the proposed loca�on of the wireless telecommunica�ons antenna facility, the height of any exis�ng or proposed new support structure, accessory equipment facility, guy-wires, above- and belowground wiring and connec�on cables, exis�ng or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any exis�ng or proposed accessory equipment facility; b. A descrip�on of the maximum poten�al of the site for the proposed wireless telecommunica�ons antenna to accommodate the installa�on of addi�onal antennas; c. A loca�on map showing exis�ng wireless telecommunica�ons antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage;
d. Documenta�on that the electromagne�c fields (EMFs) from the proposed wireless telecommunica�ons facility, both individually and cumula�vely, will be within the limits approved by the FCC. As a condi�on of approval of any site plan or building permit, the reviewing authority may require the annual submission of a report prepared by a qualified person evidencing the fact that EMFs con�nue to be within approved FCC limits; e. A statement concerning the minimum distance from the proposed wireless telecommunica�ons antenna facility that is required to ensure that no person will be exposed to any harmful effects atributable to EMFs;
f. Evidence of any required licenses and approvals to provide wireless telecommunica�ons services in the city;
g. The property owner’s writen consent to the proposed si�ng of the wireless telecommunica�ons antenna facility and acknowledgment of its obliga�ons under this sec�on.
5. Factors Considered in Approving Site Plans. The reviewing authority must consider the following factors in determining whether to approve the site plan for a wireless telecommunica�ons antenna facility:
a. Height of the proposed facility;
b. The nature and proximity of exis�ng uses on adjacent proper�es; c. Surrounding topography;
d. Surrounding tree coverage and foliage;
e. Design of the proposed facility, with par�cular reference to design features that have the effect of reducing or elimina�ng visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or ar�ficial vegeta�on, or a facility located or co-located on an exis�ng building or an exis�ng support structure;
f. Proposed ingress and egress;
g. Availability of suitable exis�ng buildings or support structures, as set forth in subsec�on F of this sec�on.
N. Table 17.11.120-C Design and Development Standards for Wireless Telecommunications Antenna Facilities
Device/Facility Requirements
Antenna arrays Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.
Telecommunications
Support Structures
• The siting of new support structures is subject to the following additional requirement: no new support structure in the manufacturing or public facilities zoning districts will be authorized unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing nonresidential building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be re-viewed by the reviewing authority and may consist of any of the following:
• (indent) No existing nonresidential buildings or support structures are located with-in the geographic area proposed to be served by the applicant’s facility
• (indent) Existing nonresidential buildings or support structures are not of sufficient height or structural strength to meet the applicant’s operational or engineering requirements
• (indent) The applicant’s proposed facility in the zoning district would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant’s proposed antenna array • (indent) The costs, fees or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co-locate a new antenna array on an existing nonresidential building or support structure, or to adapt an existing nonresidential building or support structure for the location of the new antenna array, are unreasonable
• (indent) There are other limiting factors that render existing nonresidential buildings and support structures unsuitable for use by the applicant. • If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual im-pacts.
• The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.
• Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.
Protective
Structures Housing
Protective structures housing accessory equipment must comply with all applicable requirements of the Zoning Code that relate to accessory structures.
Fencing If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials.
Signs No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached.
G. Maintenance and Cessa�on of Use. The following requirements apply to all authorized wireless telecommunica�ons antenna facili�es that are located on exis�ng buildings or support structures and on new support structures:
1. The site must be maintained in a condi�on free of trash, debris and refuse, and all graffi� and posters must be promptly removed.
2. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecu�ve months, the permitee or the property owner must give writen no�ce of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure, must be removed within a ninety-day period. If that removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the expense of the permitee or the property owner; provided that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place un�l all service providers cease to use it.
H. Local Emergency or Disaster Situa�ons—Temporary Installa�ons. The city manager, as the director of the office of emergency services designated in Sec�on 2.60.050, is authorized in the event of a local emergency or disaster to accommodate all providers of wireless telecommunica�ons services whose antenna facili�es can be deployed immediately within the city for the purpose of implemen�ng the emergency services plan, coordina�ng the emergency and disaster func�ons of the city, and protec�ng life and property. The temporary deployment of such wireless telecommunica�ons antenna facili�es may be authorized at such loca�ons, and for such period of �me, as will afford maximum protec�on for the public health, welfare and safety. (Ord. 1095 §2, 2007; Ord. 1044 §3, 2003)
I. Variances:
1. In accordance with the provisions of Sec�on 17.03.160, applica�on may be made for a variance from the restric�ons and limita�ons imposed by this sec�on upon the si�ng of satellite earth sta�on antennas and wireless telecommunica�ons antenna facili�es.
2. A variance may be issued if, in addi�on to the general variance standards, the following requirements are met:
a. The applicant submits evidence sa�sfactory to the reviewing authority that loca�on of the satellite earth sta�on antenna or the wireless telecommunica�ons antenna facility in the manner required by this sec�on would: (a) obstruct the antenna’s recep�on window or otherwise interfere with recep�on, and such obstruc�on or interference involves factors beyond the applicant’s control; or (b) the cost of mee�ng the requirements of this sec�on is excessive in rela�on to the cost of the proposed antenna or antenna facility. b. The applicant submits a cer�fica�on, signed by a registered structural or civil engineer, that the proposed installa�on will be in compliance with all applicable requirements of the building code, including load distribu�ons upon any proposed mast or other support structure.
3. A variance may be revoked if the applicant or property owner fails to comply with any condi�ons that are imposed upon the issuance of that variance. (Ord. 1044 §3, 2003) J. Regula�on of amateur radio sta�on antennas:
1. Building Permit Required. Nothing contained in this sec�on may be deemed to exempt from the requirement of a building permit the installa�on of an amateur radio sta�on antenna that, because of its limited height, is not required to obtain site plan review approval under the provisions of subsec�on B of this sec�on.
2. Site Plan Review Required. The proposed installa�on in any zoning district of an amateur radio sta�on antenna, whether ground-mounted or building-mounted, which antenna will extend more than fi�een feet above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an applica�on for site plan review, and, if the applica�on is approved, a building permit must be obtained.
3. Applica�on for Site Plan Review. The applica�on for site plan review must include the following:
a. Construc�on drawings that show the proposed method of installa�on and the manufacturer’s specifica�ons,
b. A plot plan showing the proposed loca�on and dimensions of the amateur radio sta�on antenna,
c. Engineering data evidencing that the amateur radio sta�on antenna will be in compliance with all structural requirements of the building code,
d. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service opera�ons and to use the site as an amateur radio sta�on.
4. Factors Considered in Approving a Site Plan.
a. In considering the approval of a site plan for a proposed amateur radio sta�on antenna, the reviewing authority must consider the following factors:
i. Whether the proposed height of the amateur radio sta�on antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service opera�ons of the nature contemplated,
ii. Proximity of the proposed amateur radio sta�on antenna to inhabited buildings and structures,
iii. The nature of exis�ng uses on adjacent and nearby proper�es, iv. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio sta�on antenna,
v. Design of the proposed amateur radio sta�on antenna, with par�cular reference to design features that provide for retrac�on of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, par�cularly in residen�al zoning districts.
b. In making any determina�on during the site plan review process to deny or to condi�on the applica�on for an amateur radio sta�on antenna, the reviewing authority must adhere to the following guidelines:
i. The imposi�on of condi�ons or restric�ons rela�ng to the placement, screening or height of a proposed amateur radio sta�on antenna, which condi�ons or restric�ons are based upon protec�on of the public health, welfare, and safety, aesthe�c considera�ons, or the preserva�on of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified in Sec�on 17.11.120 J.4.a. of this sec�on, and the reasonable accommoda�on required under Sec�on 17.11.120 J.4.a. of this sec�on.
ii. The site plan review process must be conducted to: (i) reasonably accommodate the paramount federal interest in promo�ng amateur radio communica�ons as voluntary, noncommercial communica�ons services, par�cularly with respect to emergency communica�ons; and (ii) impose the minimum prac�cal restric�ons, limita�ons and condi�ons in order to achieve the city’s legi�mate regulatory objec�ves. (Ord. 1044 §3, 2003)
K. Nonconforming antennas: Any antenna constructed in viola�on of this sec�on, or in viola�on of any prior ordinance or regula�on, is subject to immediate abatement. (Ord. 1044 §3, 2003) L. Enforcement:
1. All satellite earth sta�on antennas, amateur radio sta�on antennas and wireless telecommunica�ons antenna facili�es are subject to periodic inspec�on by the city to determine whether they are in compliance with all applicable provisions of this sec�on.
2. If any condi�on is discovered that may result in a danger to life or property, the city will give writen no�ce to the permitee or to the property owner, or both, at their last known address, describing the dangerous condi�on and demanding that the same be corrected within the period of �me specified in that no�ce.
3. Failure to comply with any applicable provision of this sec�on, or with condi�ons that may be imposed in connec�on with site plan review approval or issuance of a building permit, will cons�tute a public nuisance. (Ord. 1044 §3, 2003)
17.11.130 Residen�al condominiums.
A. Intent and purpose: Residen�al condominium projects may require that numbers of householders live in close proximity to one another. Condominium projects also require that such owners be bound together in an associa�on which is responsible for the maintenance, management and possible reconstruc�on of improvements within the common area of the project. This mix of individual and common ownership is different from conven�onal and familiar paterns of housing in the city. The unique status of residen�al condominium projects tends to magnify the effects associated with higher urban densi�es to the point where they may lead to condi�ons of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short- and long-term, it is the express intent of the city to treat residen�al condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the considera�on of proposed condominium projects, the purposes of these regula�ons are:
1. To ensure that the significance of the fragmented patern of condominium ownership with respect to long-range planning, unforeseen change and maintenance of the city’s housing stock is not superficially discounted in favor of short-term and expedient financial considera�on;
2. To establish reasonable procedures for the dissolu�on of the condominium and demoli�on of the structure at the end of their economic, func�onal or physical life and thus obviate condi�ons of residen�al obsolescence and blight and their pernicious effects upon both immediate occupants and the larger community;
3. To ensure that the poten�ally deleterious effects resul�ng from a lack of con�nuous and centralized management do not impact upon the public health, safety and welfare and, at the same �me, ensure that there is democra�c and effec�ve management of the project that does not allow, over �me, a majority of the unit owners to effec�vely contravene the ini�al commitments made to the project at the �me of its incep�on and thus undercut the good faith of any minority of unit owners;
4. To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expecta�ons and changing needs of property owners over long periods of �me;
5. To ensure that the project developer is aten�ve to the performance characteris�cs of the structure and mi�gates such problems as vibra�on and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately atenuated, may nevertheless render the living environment undesirable and the transfer of unit ownership difficult;
6. To ensure that the project developer uses contemporary and environmentally sensi�ve concepts of site planning and architectural design in the crea�on of the project and to ensure that the project, once completed, maintains its integrity over �me not only to preserve the long-term
financial commitment of the unit owner, but also to op�mize the u�liza�on and aesthe�c quali�es that make the project a viable home in the future;
7. To ensure that, when appropriate, governmental en��es have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace. (Ord. 822 §1, 1989)
B. Condi�onal use permit – required:
1. No residen�al condominium shall be permited in any zone unless such zone permits such usage and unless and un�l a condi�onal use permit is obtained thereof.
2. Except for strictly interior modifica�ons to individual condominium units, no structural or architectural altera�ons, except incidental maintenance, shall be made to any exis�ng residen�al condominium or its common areas within the city, unless and un�l a condi�onal use permit is obtained therefor. An applicant seeking a condi�onal use permit in order to make structural or architectural altera�ons to an exis�ng condominium shall not arbitrarily or unreasonably be denied a condi�onal use permit where compliance with the provisions of Chapter 17.05 through
17.09, would impose a cost or other hardship dispropor�onate to the proposed structural or architectural altera�on; provided, that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in Sec�on 17.11.130 F. through J. and would impose a cost or other hardship dispropor�onate to the proposed structural or architectural altera�on, provided that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in Sec�on 17.11.130 A.1. (Ord. 822 §1, 1989) C. Condi�onal use permit – applica�on: The applica�on for a condi�onal use permit for a proposed residen�al project shall include the following informa�on, in the number of copies and degree of detail which the planning department determines to be sufficient for its staff and the planning department to evaluate the project:
1. A complete legal descrip�on and address of the property and boundary map showing the exis�ng topography of the site and the loca�on of all exis�ng easements, structures and other improvements, and trees over six inches in diameter.
2. Dimensioned schema�c development plans consis�ng of at least a site plan, garage plan, typical floor plan, building eleva�ons showing natural grades, transverse and longitudinal sec�ons showing natural grades and a conceptual landscaping plan for the project as a whole. In instances where the project involves the conversion of an exis�ng structure to condominium usage, complete as built drawings shall be provided.
3. A tabular analysis showing how the project compares to the minimum standards for four projects in the zone in which it would be located.
4. Typical detailed sec�ons of the types of wall and floor/ceiling construc�on that would be used in both common and interior par��on walls within the condominium project, including either published data from a recognized tes�ng laboratory or a statement from a licensed acous�cal engineer or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insula�on Class) of the proposed type of construc�on.
5. The proposed condominium documents including declara�on of covenants, condi�ons and restric�ons, descrip�on of project elements and tenta�ve condominium plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project.
6. Such other informa�on which the planning commission or planning department determines is necessary to evaluate the proposed project. (Ord. 822 §1, 1989) D. Fees: The fee for the processing of an applica�on for a condi�onal use permit for condominium usage shall be in an amount set by resolu�on of the city council. (Ord. 822 §1, 1989) E. Condominium development – compliance with criteria and standards: The commission shall review all proposals for residen�al condominium usage in order to determine their degree of compliance with both the development standards and development criteria delineated in Sec�on 17.11.130 I. and Sec�on 17.11.130 J. A condominium proposal which does not comply with all of the precise standards in these sec�ons may be approved where the commission finds that there are unusual circumstances regarding the development’s loca�on, site or configura�on; that the project is in substan�al compliance with both the development standards and development criteria and that there are mi�ga�ng features incorporated in the project which tend to further the expressed intent and purpose of this sec�on. (Ord. 822 §1, 1989)
F. Condominium development – standards: The commission shall require, except as noted in Sec�on
17.11.130 E., that all residen�al condominium projects conform to all ordinances of the city and all of the following condominium development standards:
O. Table 17.11.130-A Condominium Development Standards
Standard Requirements
Minimum Lot Area Net area greater than 1 acre
Density (minimum) 1 du per 2500 sqft
Common Open
Space 2
Must be at least 15% of gross area. Common open space shall be that portion of the total land area developed for recreational purposes and designated for the use and enjoyment of all of the occupants of the condominium project but shall not include streets, highways or utility easements where the ground surface is not available or other areas primarily designed to serve other functions.
Private Open Space
– 0-1 Bedrooms 3 Minimum of 130 sqft 1
Private Open Space
– 2+ Bedrooms 3 Minimum of 150 sqft 1
Private Open Space
– Dimensions 3
Such space shall have a configuration that would allow a horizontal rectangle or square of 100 sqft and a minimum dimension of 7 ft to be placed in the space.
Private Open Space
– Intended Use and
Location 3
The space shall be designed for the sole enjoyment of the unit owner and guests and shall have at least one weather-proofed duplex receptacle electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from either a kitchen, dining room, family room or living room within the unit.
Outdoor Living
Space 400+ sqft per unit
Private Storage
Space – Size and
Dimensions
Each unit shall have at least 400 cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner. Such space shall have a minimum horizontal surface area of 50 sqft, a minimum interior dimension of 5 ft, and an opening not less than 3.5 ft by 6 ft.
Private Storage
Space – Provision 4
Storage space may be provided within individual storage lockers, cabinets or closets in any location approved by the planning commission, but shall not be split among two or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the dayto-day functioning of the unit, the planning commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.
Private Storage
located in Common
Areas 4
If such private storage space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project.
Off-Street Parking –
Spaces Assigned to
Units
2+ garage parking spaces assigned to each condominium unit within the project Off-Street Parking –
Spaces Designated
for Visitors
1+ visitor parking space for each 2 condominium units within the project. A fractional requirement equal to, or greater than, one-half of a visitor parking space shall be interpreted as a requirement for one visitor parking space.
Treatment of
Utilities – Plumbing
Shut-Off Valves
Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impractical, the commission may ap-prove a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water sup-plied appliance not contained within a unit.
Treatment of
Utilities – Drip Pans
Hot water heaters and any other appliances which the building official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of the drain shall be provided with a removable screen to prevent insect entrance to the unit.
Drip pans may be omitted where appliances are located in garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit.
Treatment of
Utilities – Utility
Meters
With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.
Treatment of
Utilities – Hot
Water
Each unit shall have a separate hot water heater.
Treatment of
Utilities – Circuit
Breaker
Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
Perimeter Fences
Any development shall be surrounded by a fence or wall or combination thereof not to exceed 6 ft in height. However, nothing herein shall re-quire the construction of the aforementioned fence along any property line abutting a street, alley or at driveway entrances and exits. Ivy or other vining plant material shall be planted adjacent to any wall or fence and trained to grow up the fence or wall to protect the fence or wall shall not be permitted to grow over three and one-half feet in height in the front yard. An automatic drip irrigation system shall be provided to adequately water the plant material.
Trash Areas
All trash collection and garbage collection areas shall be surrounded by a fivefoot high fence or block wall and gate, with adequate access to and from these areas for trash and garbage collection vehicles.
Height Limitation
Condominium structures shall be limited to one story in height, excluding subterranean levels devoted to automobile parking. There shall be no more than one unit in any vertical configuration. In use herein “subterranean level” means a level the ceiling of which shall be no higher than the highest point of the finished grade adjacent to the structure, and which shall be either wholly enclosed or not visible from either adjoining properties or from a public street outside of the project.
1. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size in projects which include 5+ units
2. The applicant shall submit to the commission and the council, and it shall be made a condition of approval, satisfactory evidence to assure continued retention of open space and for perpetual maintenance of common areas.
3. The planning commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including condominium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this subsection.
4. Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
G. Isola�on of Vibra�on and Sources of Structure-Borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceiling.
1. Shock Moun�ng of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rota�on, reciproca�on, expansion and/or contrac�on, turbulence, oscilla�on, pulsa�on, impac�on or detona�on, are determined by the building official to be a source of structural vibra�on or structure-borne noise shall be shock mounted with iner�a blocks or bases and/or vibra�on isolators in a manner approved by the building official. Domes�c appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the building official to be a source of structural vibra�on or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibra�on mounts approved by the building official. The cabinets in which they are installed should be offset from the back wall with strip gaske�ng of felt, cork or similar material approved by the building official. Where such appliances u�lize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installa�on of nonpermanent appliances
such as clothes washers and dryers, then permanent rubber moun�ng bases and surface plates shall be installed in a manner approved by the building official.
2. Loca�on of Plumbing Fixtures. No building fixture, except Pullman mounted lavatories, shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit.
3. Separa�on of Vents and Lines. No common water supply lines, vents, or drain lines shall be permited for con�guous units unless there is at least eight and one-half feet of pipe between the closest plumbing fixtures within the separate units. The building official may approve other methods of isola�ng sound transmission through plumbing lines where their effec�veness can be demonstrated.
4. Isola�on and Insula�on of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the building official. In mul�story condominium projects all ver�cal drainage pipe except piping serving only one condominium unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarter inch thick dense insula�on board or full thick fiberglass or wool blanket insula�on for its en�re length except the sec�ons that pass through wood or metal framing.
H. Atenua�on of Noise.
1. General. Wall and floor/ceiling assemblies separa�ng units from each other or from public or quasi-public space such as interior corridors, laundry rooms, recrea�on rooms and garages shall provide airborne sound insula�on for walls, and both airborne and impact sound insula�on for floor/ceiling assemblies.
2. Airborne Sound Insula�on. All wall assemblies enumerated or alluded to in the previous subparagraph shall be of a type of construc�on that has a minimum ra�ng of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in subsec�on (J)(1) shall be of a type of construc�on that has a minimum ra�ng of 50 STC. Wood floor joists and subflooring shall not be con�nuous between separate condominium units. Penetra�ons or openings in the construc�on for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and hea�ng, ven�la�ng and/or air condi�oning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required ra�ng and such treatment shall be approved by the building official. Entrance doors to the unit shall be of solid construc�on and, together with perimeter seals, shall have a minimum ra�ng of 30 STC. Such perimeter seals shall be maintained in effec�ve opera�ng condi�on.
3. Impact Sound Insula�on. All separa�ng floor/ceiling assemblies enumerated or alluded to above shall be of a type of construc�on that has a minimum ra�ng of 69 IIC (Impact Insula�on Class).
Floor coverings may be in the assembly to obtain the required ra�ngs, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insula�on.
4. Verifica�on of Sound Class. STC and IIC ra�ngs shall be based on the results of laboratory measurements and will not be subjected to field tes�ng. The STC ra�ng shall be based on the
American Society for Tes�ng and Materials system specified in ASTM 890-66t or equivalent. The IIC ra�ng shall be based on the system in use at the Na�onal Bureau of Standards or equivalent.
Ra�ngs obtained from other tes�ng procedures will require adjustment to the above ra�ng systems.
I. Development criteria: There are important considera�ons rela�ve to each proposal for residen�al condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of this sec�on and shall serve as a basis for the evalua�on of accepted and appropriate planning and architectural techniques necessary for the orderly development of the city, and concurrently shall give substance to the policies necessary to achieve the purpose of these sec�ons:
1. The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and ameni�es for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways, and other areas for automobiles.
2. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not cons�tute a disrup�on to the established fabric of the community.
3. The layout of structures and other facili�es should effect a conserva�on in street, driveway, curb cut, u�lity and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural prac�ce, the consump�on of natural resources either directly or indirectly (e.g., gas, water, electricity).
4. The project should be designed to maintain as much of the natural topography, large trees and environment as prac�cal.
5. The configura�on and orienta�on of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same �me not destroying these advantages for adjacent proper�es. Structures should also be situated to minimize or buffer any undesirable characteris�cs of the site such as street noise and nearby obnoxious commercial or industrial uses.
6. The layout of units and open space within the project should establish, through the use of structure and landscape materials, a percep�ble spa�al transi�on from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audible and other intrusions.
7. The project shall comply with state standards facilita�ng access for the handicapped. (Ord. 822 §1, 1989)
J. Declara�on of covenants, condi�ons and restric�ons: To achieve the purposes of Sec�on 17.11.130 A., the declara�on of covenants, condi�ons and restric�ons rela�ng to the management of the
common area and facili�es shall accompany all proposals for residen�al condominium usage made pursuant to the provisions of Sec�on 17.11.130 A. through 17.11.130 I. In addi�on to such covenants, condi�ons, and restric�ons that may be required by the Department of Real Estate of the state of California or pursuant to Title 6 of Part 4 of Division 2 of the California Civil Code or other state laws or policies, such declara�on shall provide for the following, none of which, a�er acceptance in final form by the city, shall be amended, modified or changed without first obtaining the writen consent of the city:
1. Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including, but not limited to, the private pa�o, deck, balcony, solarium or atrium required by Sec�on 17.11.130 F., and any integral por�on of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respec�ve unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
2. Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including, but not limited to, the private storage space required by Sec�on
17.11.130 F., shall be described and irrevocably assigned by the declara�on or condominium plan to its respec�ve unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the units, as it would be in a closet opening upon a unit’s room or hallway, it shall be conveyed as an integral part of the unit.
3. Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to par�cular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum prac�cal extent, the two spaces assigned to each unit shall be con�guous.
4. In no case shall the private storage of one unit overhang or take its access from the required offstreet parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner’s unit, except that a unit occupant within the project may rent one space to another unit occupant or to the associa�on.
All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code.
5. Maintenance of Impact Insula�on Class. The impact Insula�on Class (IIC) ra�ng of all separa�ng floor/ ceiling assemblies, as required by Sec�on 17.11.130 F. shall be described in the declara�on. Where the minimum IIC ra�ng is obtained through the use of floor covering(s), the declara�on should provide that the covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insula�on afforded by covering(s) originally installed.
6. Right of Public Entry to Common Area. The city, the county of Los Angeles, the state of California, and the government of the United States, and any department, bureau or agency thereof, shall
have the right of immediate access to all por�ons of common area of the project not assigned for the exclusive use of the owner of a par�cular unit at all �mes.
7. Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner’s unit. The declara�on shall provide either for a central antenna with connec�ons to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.
8. Vo�ng. For the purpose of vo�ng, including without limita�on vo�ng to set the amount of regular or special assessments and for the purpose of amending the covenants, condi�ons and restric�ons, one vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made propor�onal to the gross square footage of each unit within the property.
9. Par��on and Sale of the Project. An ac�on may be brought by one or more owners of units within the project for par��on thereon by sale of the en�re project as if the owners of all the condominiums in such project were tenants-in-common in the en�re project in the same propor�on as their interests in the common areas; provided, however, that a par��on shall be made only upon a showing of the existence of one or more of the condi�ons set forth in Sec�on 1354 of the California Civil Code or that:
a. Two years a�er damage or destruc�on to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substan�ally to its state prior to its damage or destruc�on;
b. One-half or more of the project has been destroyed or substan�ally damaged and condominium owners holding in aggregate more than fi�y percent interest in the common areas as opposed to repair or restora�on of the project; c. The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restora�on of the project.
P. Table 17.11.130-A Percent of Interest in Common Areas Held by Condominium Owners by Age of Structure
Age of Structure % of Interest in Common Areas Held by
Condominium Owners
30 years 70%
40 years 60%
50 years 50%
60 years 40%
70 years 30%
10. For the purpose of this subsec�on, mul�ple owners of a single unit shall not be deemed as possessing, in the aggregate, any greater interest in the common areas than that possessed by a single owner of a unit.
11. Maintenance. The declara�on shall contain a provision establishing the obliga�on and duty of the governing body of the condominium to maintain the common areas in good condi�on.
12. Enforcement. The declara�on shall contain a provision ensuring the right of any owner to enforce the terms of the declara�on.
13. Maintenance of Common Areas and Facili�es.
a. Obliga�on. No condi�onal use permit shall be granted for a residen�al condominium development unless the obliga�on for care, upkeep and management of the common element is imposed on a nonprofit corpora�on (the associa�on). b. Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construc�on, reconstruc�on, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made propor�onal to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the associa�on may bring for the nonpayment of assessments shall be specified and may include penal�es for late payment. c. Veto Right and Authority of the City. In considera�on for the city’s approval of a condominium project, including, without limita�on, any approval of a conversion to condominium usage, the declara�on shall provide that the city, at its op�on, has the right and authority to veto any ac�on of the associa�on which would tend to decrease the amount of the regular assessment upon a finding by the city that such a decrease could or would adversely affect the long-term maintenance of the condominium structures or the common areas. To enable the city to exercise this op�onal veto the declara�on shall provide that the associa�on ac�ons to decrease the annual assessment do not become effec�ve un�l sixty days a�er writen no�ce of such ac�on is given to the city to enable the city to exercise this.
14. U�lity Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public u�lity easements in or adjacent to such private streets, adjacent to public streets or over other por�ons of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The commission may also require access routes necessary to assure that fire figh�ng equipment can reach and operate efficiently in all areas of the project.
15. Amendment of the Declara�on. Any amendment to the declara�on which would amend, modify, delete or otherwise affect any provision required by this sec�on shall require the prior writen approval of the city. To that end, no such amendment of the declara�on shall be effec�ve unless:
a. The text thereof shall have been submited to the city thirty days prior to its adop�on by the owners;
b. Either the city has approved the amendment or failed to disapprove it within the thirty-day period; and
c. The recorded instrument effec�ng such amendment shall recite that it was so submited and approved or not disapproved. (Ord. 822 §1, 1989)
17.11.140 Retail sales of alcoholic beverages.
A. Purpose and applicability: The purpose of this sec�on is to protect the public health, safety and welfare by providing reasonable, uniform opera�onal and performance standards for establishments selling alcoholic beverages other than, or in addi�on to, the alcoholic beverages that are the subject of Sec�ons 17.11.090 and 17.11.100. For the purposes of this sec�on, the beverages that are the subject of this sec�on are referred to as “alcoholic beverages.”
1. The provisions of this sec�on shall not apply to establishments lawfully exis�ng on the effec�ve date of these regula�ons provided the establishment retains the same type of ABC license within a license classifica�on; con�nues to legally operate without substan�al change in mode or character of opera�on; and does not expand the square footage of area used for sales or services.
2. Nothing in this sec�on shall prohibit or limit the transfer of a valid, exis�ng permit to a new owner at the same loca�on. (Ord. 1084 §2, 2006)
B. Condi�onal use permit – required (on-sale and off-sale): A condi�onal use permit shall be required for any establishments proposing to sell or serve alcoholic beverages for on-site consump�on (“onsale uses”) and for retail establishments proposing to sell alcoholic beverages for off-site consump�on (“off-sale uses”). This requirement shall be in addi�on to any other en�tlements required. The applica�on for a condi�onal use permit shall be filed and processed according to the applicable provisions of Sec�on 17.03.060 and 17.03.130. (Ord. 1084 §2, 2006) C. Off-sale permits – restric�ons: A condi�onal use permit for off-sale alcoholic beverages shall not be issued if the proposed property is located in any area of undue concentra�on as defined in Sec�on 23958.4 of the Business and Professions Code, unless it is determined by the planning commission that the public convenience and necessity as defined in Chapter 17.02 would be served by the issuance of the condi�onal use permit. (Ord. 1084 §2, 2006) D. On-sale permits – distance requirements: No condi�onal use permit for on-sale alcoholic beverages shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious ins�tu�on, school, park, or area zoned for residen�al uses. The distance specified in this sec�on shall be measured in a straight line,
without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the use is proposed to the nearest property line of the exis�ng onsale use, religious ins�tu�on, school, park or property zoned for residen�al uses. (Ord. 1084 §2, 2006)
E. Opera�onal and performance standards: Establishments selling or serving alcoholic beverages shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining proper�es. In addi�on to any condi�ons imposed by the city, all condi�onal use permits for the sale or service of alcoholic beverages shall be subject to the following opera�onal and performance standards:
1. Noise levels measured at the property line shall not exceed the levels prescribed by the city’s noise regula�ons as set forth in Chapter 8.20 of this Code.
2. The property shall be maintained in a safe and clean condi�on and the owner shall ensure that no trash or liter origina�ng from the site is deposited on neighboring proper�es or the public right-of-way.
3. Hours of opera�on, including deliveries to the site, shall be compa�ble with the needs and character of the surrounding neighborhood. For the purpose of this sec�on, the usual hours of opera�on shall be as permited by the establishment’s ABC license unless the city imposes shorter hours of opera�on as a condi�on to the permit to protect the public health, safety and welfare.
4. The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot sta�ng that loitering and consump�on of alcohol are each prohibited.
6. Video or other coin-operated games may only be permited subject to the provisions of Sec�on
7.90.430 of the county business license ordinance.
7. There shall be no outside vending machines other than newspaper racks or public telephones.
8. There shall be no adult merchandise as that term is defined in Sec�on 5.25.020 of this Code visible anywhere on the property and no such merchandise shall be sold to minors.
9. The permitee shall maintain all required permits and licenses in good standing.
10. There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any condi�ons imposed thereon. (Ord. 1084 §2, 2006) F. Condi�onal use permit – expira�on: The regula�ons set forth in Sec�on 17.03.060 of this �tle regarding expira�on apply to any condi�onal use permit for alcoholic beverages.
1. Notwithstanding Sec�on 17.03.060, a permitee may request an extension of any �me limit provided in Sec�on 17.03.060 by filing a writen request with the city’s community development department before the condi�onal use permit expires.
2. A request for an extension of �me shall state the reasons why an extension is needed. The planning commission will consider the request at a duly no�ced public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or condi�onally approve the extension for up to one hundred eighty days. (Ord. 1084 §2, 2006) G. Modifica�on or revoca�on: A condi�onal use permit granted pursuant to Sec�on 17.11.140 B. of this sec�on shall be subject to modifica�on and/or revoca�on. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding proper�es, the body taking final ac�on on the permit may modify and/or revoke the condi�onal use permit pursuant to the provisions in the manner provided by Sec�on 17.03.060 of this �tle. (Ord. 1084 §2, 2006)
H. Design standards: The design and appearance of any establishment, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compa�ble with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general. (Ord. 1084 §2, 2006)
17.11.150 Senior housing.
A. Purpose and intent: the purposes of this sec�on are to:
1. Facilitate the development of quality affordable and market rate housing for seniors;
2. Enhance the appearance and value of property in the city;
3. Provide various incen�ves to developers consistent with the State Density Bonus;
4. Ensure that affordable housing is provided to very low, low and moderate income seniors consistent with the State Regional Housing Needs Assessment (RHNA);
5. Ensure that senior housing developments are compa�ble with the surrounding community and complementary to the surrounding land uses. (Ord. 1096 §1, 2007) B. Target popula�on: All residents of senior housing shall be fi�y-five years or older except that one member of a married couple or registered domes�c partnership may be younger than fi�y-five years old. (Ord. 1096 §1, 2007)
C. Permited zones: subject to the terms of this sec�on, senior housing may be permited with a condi�onal use permit in the residen�al, commercial and commercial industrial zones. In addi�on, site plan review is required for any property located in the improvement district. (Ord. 1096 §1, 2007)
D. Site character: the developer for senior housing shall:
1. Preserve and incorporate in the project’s design unique exis�ng ameni�es (e.g., views, mature trees, etc.) if feasible;
2. Preserve and incorporate in the project’s design historic or dis�nc�ve structures of features as determined by the planning commission or the city council due to age, cultural significance, or unique architectural style;
3. Provide appropriate connec�ve elements (e.g., walkways) to adjoining residen�al and commercial uses. (Ord. 1096 §1, 2007)
Q. Table 17.11.150-A Development Standards for Senior Housing Standard Requirements
Building Setbacks
– Property Line
Adjacent to the
Frontage
20 ft from the property line adjacent to the frontage
Building Setbacks
– All Other
Property Lines
½ the height of the building wall adjacent to that property line Unit Size
(Minimum)
Studio: 475 sqft
1 Bedroom: 525 sqft
2 Bedroom: 700 sqft
Minimum
Dwelling
Amenities
At a minimum each unit shall have central heating and air conditioning and washer and dryer electrical and gas hook ups for standard washer and dryer appliances. A bachelor/studio unit may provide facilities for stackable washer/dryer appliances.
Laundry Facilities Laundry facilities shall be provided on each building floor if washer and dryers are not pro-vided in each of the proposed units. One washer and dryer shall be provided for every twenty units.
Trash Enclosure Trash enclosure should be fully enclosed with a masonry wall with, wood or metal gate and trellis roof. The enclosures shall be finished with colors and materials that are consistent with the rest of the structures. Enclosures should be screened with landscaping on their most visible sides.
Parking
Requirements 1
Consistent with the most recently adopted percentage of the RHNA for low income persons (40 dua): 0.7 parking space per dwelling unit +1 guest parking for every 10 units
In compliance with the State Density Bonus project requirements (50 dua): 0.5 parking spaces per dwell-ing unit +1 guest space for every 10 units Landscaping Landscaping should serve to frame, soften and embellish the quality of the environment; buffer units from noise or undesirable view; visually reduce or break up building mass, break up large expanses of parking and hardscape and provide shading and climate cooling of adjacent units. All areas not covered by structures, drive aisles, parking or hardscape should be land-scaped to the satisfaction of the director
Landscape
Planters
Minimum 15 ft in width shall be provided between the parking lot area or building and the public right-of-way. Said planter shall consist of the following:
• Turf, shrubs and mature trees (36 in box or larger) planted 20 ft on center • Accent landscaping at the driveway entries
• Corner lots shall include accent landscaping and focal point such as waterfalls or other hardscape and perennials within the subject landscape area
Utility and
mechanical
equipment
• All mechanical equipment (e.g., compressors, air conditioner, heating and ventilating equipment, chillers, standpipes, solar collectors, etc.) shall be concealed from view. Screening devices shall be compatible with the architecture and structure of the adjacent buildings.
• Mechanical equipment shall not be located on the roof unless screened by building elements designed for screening that are an integral part of the building design.
• Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
Recreational
Facilities
Recreational facilities shall be provided throughout the facility. The recreational facilities shall consist of open and enclosed areas for residents of the facilities to congregate, for recreation and leisure. The following standards shall be utilized for recreational facilities:
• The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.
• Each recreational facility shall have a focal point. The focal point may consist of, but not limited to, water fountains, landscape planters, monuments, waterways, ponds, artwork, trellises or gazebos. Each focal point shall compliment other focal points by maintaining a common theme, consistent furnishing and signage.
• Recreational facilities shall be categorized as either “major recreational facilities” or “minor recreational facilities.” Major and minor recreational facilities shall be designed to complement one another and be physically linked to one another by pedestrian walkways and directional signage.
Provision of
Major
Recreational
Facilities
Intended to be a significant recreational node or focal point for resident, and may include recreational buildings, swimming pools, tennis courts, spas, saunas and other amenities requiring significant investment and appropriate to serve residents, as determined by the city. The total minimum area shall be 2,000 square feet.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 3 Facilities
• Additional Units: 4+1 Facilities for every 100 units
Provision of
Minor
Recreational
Facilities
Intended to augment major recreational facilities, and may include rest areas, picnic and barbecue areas, gazebos and other such amenities requiring a less significant investment than a major facility and appropriate to serve residents. The total minimum area shall be 625 square feet.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 2 Facilities
• Additional Units: 3+1 Facilities for every 100 units
Exterior Lighting Lighting should provide illumination for the security and safety of on-site areas, such as parking, recreational facilities, building entries, and pathways. The following standards shall be utilized:
• The design of light fixtures and their structural support should be architecturally compatible with the main structures on the site. Light fixtures should be architecturally integrated into the design of a structure. • The location of the light fixtures should correspond to anticipated use. Lighting of pedestrian ways illuminates changes in grade, path intersections, staging areas, and any other uses along the movement path that, if left unlighted would create an unsafe situation.
• All lighting fixtures must be shielded to confine light spread on site. • Night lighting of building is encouraged, but should be accomplished in a selective manner, avoiding overall building illumination that produces an undesirable look. Night lighting of building features, emphasize repeated or decorative features, and use the juxtaposition light and shadow to articulate the building façade.
1. Parking requirements: The developer shall comply with the city’s standard parking requirements.
E. Architectural design: The developer shall consider a variety of different architectural features to add to the city’s overall image, provided the architecture is consistent with surrounding structures and uses. No specific architectural style or design is required. The developer should consider the following design issues:
1. Design Consistency.
a. Building design should demonstrate a consistent use of colors, materials, and detailing throughout all eleva�ons of the building. Piecemeal embellishment should be avoided. i. Eleva�ons that do not directly face a street should be appropriately landscaped.
2. Form and Mass. Designs should be provided a sense of human scale and propor�on. Structures should be designed to avoid a “box-like,” impersonal appearance by use of the following techniques:
a. Façade and Roof Ar�cula�on. Separa�ons, changes in plane and height, and the inclusion of elements like balconies, porches, arcades, dormers and cross gables mi�gate the barrackslike quality of flat wall and roof of excessive length. Secondary hipped or gabled roofs covering the en�re mass of a building are preferable to flat roofs, or pitched roof segments applied on only some por�ons of the building.
b. Balconies, porches and recess pa�os for both prac�cal and aesthe�c values. The elements should be integrated into the structures to break up large wall masses by offset building setbacks, using awnings/canopies.
c. Architectural detail through the use of columns, three-dimensional decora�ve cornice bands, recess entries and windows and awnings and canopies. d. Full roofs with substan�al overhangs.
e. Decora�ve parapets where roof overhangs are not provided.
3. Materials. Exterior materials should be very durable and require low maintenance. Piecemeal embellishment and frequent changes in materials should be avoided.
4. Building Colors. Exterior wall colors should harmonize with the site and surrounding buildings. a. Façade colors should be neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. b. Building trim and accent areas may feature brighter colors, including primary colors. c. The transi�on between base and accent colors should relate to changes in building materials or the changes in building surface planes. Colors should not meet or change without some physical change or defini�on of the surface plane.
d. The blending of compa�ble colors in a single façade or composi�on is a good way to add character and variety, while reducing, or breaking up lines of a building. (Ord. 1096 §1, 2007) F. Security considera�on: The developer shall:
1. Provide clear, unobstructed sightlines from entries to the street or parking lots.
2. Provide clear sightlines to outdoor open areas from doorways and windows.
3. Illuminate exterior spaces and internal common spaces with energy-efficient, vandal-proof lamps and fixtures. Warm light shall be used to provide visibility, a nonins�tu�onal feel and increase the feeling of ownership.
4. Locate laundry facili�es where they can be observed and where access can be effec�vely restricted.
5. Create privacy for the ground level units by using landscaping and fencing to buffer the units from the street or parking. Do not place landscaping too close to windows.
6. Make paths to the entry, parking and the trash deposit area well-defined, well-lit, and free from dense shrubs.
7. Eliminate hidden recess in hallways, entryways, and stairways. Ensure that there are not entrapment areas between buildings.
8. Design common spaces to encourage a sense of belonging. Design common open space to relate to a discrete number of units so that the spaces become “their” recrea�onal area.
9. Define the transi�on from the public street to the building so that the yard next to the building appears to belong to the building. Landscaped gardens and see-through fences create the sense of ownership and boundaries without compromising visibility.
10. Provide peepholes, strike plates and deadbolts in unit doors. (Ord. 1096 §1, 2007) G. Maintenance:
1. Con�nued good appearance depends on the extent and quality of maintenance. Materials and finishes shall be selected for their durability and wear, as well as for their beauty. Proper measures shall be taken for protec�on against weather, neglect, damage and abuse.
2. Provision for washing and cleaning buildings and structures, and control of dirt and refuse, shall be included in the design. Configura�ons that tend to catch and accumulate leaves, dirt and trash shall be avoided. (Ord. 1096 §1, 2007)
H. Affordability:
1. At least twenty-five percent of the dwelling units developed shall be available at affordable housing cost to persons and families of very-low and low income.
2. At least forty percent of the twenty-five percent described above shall be available at affordable housing cost to very low-income households.
3. The restric�on must remain available for the longer of fi�y-five years of the period of land use controls established in the redevelopment plan for the project area. The city or the South El Monte Improvement District shall be iden�fied in the covenants, condi�ons, and restric�ons (CC&Rs) as having the right to enforce affordability restric�ons.
4. The city reserves the right to require more stringent low-moderate income requirements where the city or the improvement district has par�cipated in financially assis�ng the development. (Ord. 1096 §1, 2007)
17.11.160 Water efficient landscaping.
A. Purpose and intent: the purposes of this sec�on are to:
1. Establish landscape standards that will provide for an aesthe�cally pleasing se�ng by crea�ng standards of design, installa�on, and maintenance of water efficient landscaping.
2. Create flexible landscape design for residen�al and nonresiden�al developments that will promote aesthe�c enhancements.
3. Promote the values of water efficient landscaping. (Ord. 1163 §1, 2012) B. Criteria:
1. All residen�al proper�es consis�ng of three or more units must adhere to the regula�ons listed.
2. All nonresiden�al proper�es must adhere to the following regula�ons listed. (Ord. 1163 §1, 2012)
C. City right to waive requirements:
1. The requirements of this chapter may be wholly or par�ally waived, at the discre�on of the city, for landscape rehabilita�on projects that are limited to replacement of plan�ngs with equal or lower water needs and where any modifica�ons to the irriga�on system do not require ministerial permits and the irriga�on system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regula�ons. (Ord. 1163 §1, 2012)
D. Water efficient landscaping criteria: The requirements of this chapter may be wholly or par�ally waived, at the discre�on of the city, for landscape rehabilita�on projects that are limited to replacement of plan�ngs with equal or lower water needs and where any modifica�ons to the irriga�on system do not require ministerial permits and the irriga�on system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regula�ons. (Ord. 1163 §1, 2012)
E. Landscape Documenta�on Package.
1. A copy of the landscape documenta�on package conforming to this criteria and plan check fee shall be submited to the city for review and approval prior to the issuance of building or construc�on permits. No building or construc�on permit shall be issued un�l the city reviews and approves the landscape documenta�on package.
2. A copy of the approved landscape documenta�on package shall be provided to the property owner or site manager along with the record drawings and any other informa�on normally forwarded to the property owner or site manager.
3. Each landscape documenta�on package shall include the following elements:
a. Landscape design plan.
b. Irriga�on design plan.
c. Cer�ficate of substan�al comple�on (to be submited a�er installa�on of the project). d. Such other informa�on as deemed necessary by the planning director, including, but not limited to, a grading design plan and/or soil analysis.
F. Elements of the Landscape Documenta�on Package.
1. Landscape Design Plan. A landscape design plan, prepared by a licensed landscape architect, mee�ng the following requirements shall be submited as part of the landscape documenta�on package.
a. Plant Selec�on and Grouping.
i. Plants having similar water use shall be grouped together in dis�nct hydrozones (a list of acceptable plant materials has been included in Appendices A through D atached to the ordinance codified in this chapter and incorporated by reference). ii. Plants shall be selected appropriately based upon their adaptability to the clima�c, geological and topographical condi�ons of the site. Protec�on and preserva�on of na�ve species and natural areas is encouraged. The plan�ng of trees is encouraged wherever it is consistent with the other provisions of this chapter. iii. The list of recommended plan�ng materials is contained in Appendices A through D.
Alterna�ve materials may be used when the overall landscape plan conforms with the intent of this division as determined by the planning director. iv. Fire preven�on needs shall be addressed in areas that are fire prone. v. Overall, the landscape design plan shall provide for a water efficient landscape concept. b. Water Features.
i. Recircula�ng water shall be used for decora�ve water features. ii. Pool and spa covers are encouraged.
c. Landscape Design Plan Specifica�ons. The landscape design plan shall be drawn on project base sheets at a scale no less than 1ʺ = 30ʹ - 0ʺ and that accurately and clearly iden�fies:
i. Designa�on of hydrozones and a descrip�on of water usage within said hydrozones (low, moderate and high irriga�on water requirements).
ii. Landscape materials, trees, shrubs, ground-cover, turf and other vegeta�on. Plan�ng symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quan��es of each group of plants indicated. iii. Property lines and street names.
iv. Streets, driveways, walkways and other paved areas. v. Pools, ponds, water features, fences and retaining walls. vi. Exis�ng and proposed buildings and structures including eleva�on if applicable. vii. Tree staking, plant installa�on, soil prepara�on details and any other applicable plan�ng and installa�on details.
viii. Natural features including but not limited to rock outcroppings, exis�ng trees and shrubs that will remain.
ix. A calcula�on of the total landscaped area and percentage of turf area. x. Designa�on of recrea�onal areas.
2. Irriga�on Design Plan. An irriga�on design plan, prepared by a licensed landscape architect or cer�fied irriga�on designer, mee�ng the following condi�ons shall be submited as part of the landscape documenta�on package.
a. Water Efficiency. The irriga�on design plan shall provide for a water efficient irriga�on system.
b. Runoff and Overspray. Soil types and infiltra�on rate shall be considered when designing irriga�on systems. All irriga�on systems shall be designed to avoid excessive runoff, low head drainage, excessive overspray, or other similar condi�ons where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irriga�on equipment and schedules, including features such as repeat cycles, shall be used to closely match applica�on rates to infiltra�on rates therefore minimizing runoff.
G. Special aten�on shall be given to avoid runoff on slopes and, to avoid overspray in plan�ng areas with a width less than ten feet, and in median strips.
a. Water Meters. Separate landscape water meter(s) shall be installed for all projects except for single-family homes or any project with a landscaped area of less than five thousand square feet.
b. Controllers. Automa�c control systems shall be required for all irriga�on systems and must be able to accommodate all aspects of the design.
c. Valves. Plants which require different amounts of water shall be irrigated by separate valves.
If one valve is used for a given area, only plants with similar water use shall be used in the area. An�-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
d. Sprinkler Head. Heads and emiters shall have consistent applica�on rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, applica�on rate, opera�ng pressure, adjustment capability and ease of maintenance. e. Rain Sensing Override Devices. Rain sensing override devices shall be required on all irriga�on systems with landscaped areas of two thousand five hundred square feet or more. f. Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.
g. Irriga�on Design Plan Specifica�ons.
h. Irriga�on systems shall be designed to be consistent with hydrozones.
H. The irriga�on design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan.
I. The irriga�on design plan shall accurately and clearly iden�fy:
1. Loca�on and size of separate water meters for the landscape.
2. Loca�on, type and size of all components of the irriga�on system, including automa�c controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers and backflow preven�on devices.
3. Sta�c water pressure at the point of connec�on to the public water supply.
4. Flow rate (gallons per minute), applica�on rate (inches per hour), and design opera�ng pressure (psi) for each sta�on.
5. Where available, the irriga�on plan shall include reclaimed water.
6. Es�mated annual water use expressed in inches per square foot of landscape area per year.
7. Cer�ficate of Substan�al Comple�on. Prior to the final of building permits, the developer shall submit a cer�ficate of substan�al comple�on to the city completed by the licensed landscape architect or cer�fied irriga�on designer that designed the plans, u�lizing forms designated for this purpose.
J. Landscape and irriga�on plans shall be reviewed for compliance with the water efficient landscape criteria. These comprise a point system with points awarded for both landscape and irriga�on techniques. A minimum of one hundred points shall be achieved in each technique category in order for the planning department to approve said plans. (Ord. 1163 §1, 2012) R. Table 17.11.160-A Point Scale
(1) Landscape Techniques Max. Points
Water conserving plants, and/or plants na�ve to hot dry summers, u�lized in 75% of the total plant area of the landscape. 40 Turf limited to 20% of the total landscape in all projects. In no case shall turf make up more than 50% of the total landscape.
30 Use of crea�ve, though�ul and diverse hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them.
30 Mulch u�lized in the landscape (3 inches minimum, 4 inches preferred). 10 Hardscape or non-irrigated surfaces used in at least 10% of the total landscape.
10 Where turf is u�lized, the use of a proven water-conserving turf. 10 Soil amendments to improve water holding a capacity of soil incorporated into soil prepara�on details.
10 Total 140 Min. 100
(2) Irriga�on Techniques Max. Points
The total amount of irriga�on applied to all landscape areas does not exceed 42 inches per square foot of landscape area per year. 40 Automa�c irriga�on system adjusted seasonally and with watering hours between seven p.m. and ten a.m.
30 Irriga�on system designated to water different areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.). 30 Sensi�ve to slope factors. 10
Soil moisture sensors used in conjunc�on with the automa�c irriga�on system.
10 Rain sensors used in conjunc�on with the automa�c irriga�on system. 10 Wind sensors used in conjunc�on with the automa�c irriga�on system. 10 Recommended annual irriga�on schedule for informa�on purposes. 5 Use of reclaimed or recycled water in accordance with health and safety codes.
5 Total 160 Min. 110
Addi�onal comparable points (not to exceed 30) may be awarded for the use of any water-conserving method not listed above which the planning director finds to be in accord with the purpose of this chapter.
(Ord. 1163 §1, 2012)
K. Maintenance of exis�ng landscapes.
1. Water waste resul�ng from inefficient landscape irriga�on leading to excessive runoff, low-head drainage, overspray or other similar condi�ons where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures is prohibited.
2. Landscapes shall be maintained to ensure water efficiency. All landscaped areas, regardless whether installed pursuant to this chapter, shall be maintained in a healthful and sound condi�on. Irriga�on systems and their components shall be maintained in a fully func�onal manner consistent with the originally approved design. A regular maintenance schedule shall be followed, including, but not limited to: checking, adjus�ng and repairing irriga�on equipment, rese�ng the automa�c controller, aera�ng and dethatching turf areas, replenishing mulch, fer�lizing, pruning, and weeding in all landscaped areas. (Ord. 1163 §1, 2012)
Chapter 17.12
ACCESSORY DWELLING UNITS
Sections
17.12.010 Intent and purpose.
17.12.020 Applicability.
17.12.030 Common interest development.
17.12.040 Location and operational standards.
17.12.050 Development standards.
17.12.060 Parking requirements.
17.12.070 Impact fees.
17.12.080 Enforcement.
17.12.090 Exceptions.
17.12.100 Accessory buildings.
17.12.010 Intent and purpose.
The purpose of the accessory dwelling unit chapter is to comply with state law. The chapter provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with singlefamily or multifamily dwellings. These structures are accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) Such accessory dwellings are allowed because they can contribute needed housing to the community’s housing stock. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, renters, and homeowners who create accessory dwelling units. In addition, the chapter provides a mechanism to grant legal status to existing illegally constructed accessory units in single family neighborhoods. By encouraging legalization, safe dwellings may be added to the city’s existing housing supply. (Ord. 1242 §5, 2020)
17.12.020 Applicability.
A. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter.
B. The director or his or her designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this chapter within the time limits specified by Government Code Sections 65852.2 and 65852.22 or successor provisions. (Ord. 1242 §5, 2020)
C. The application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).)
D. A local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
17.12.030 Common interest development.
A. Allows for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ.
Code, § 4741, subd. (a).)
B. Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
17.12.040 Loca�on and opera�onal standards.
A. One accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) may be constructed on any legal parcel in areas zoned to allow single-family or multifamily dwellings.
B. Accessory dwelling units shall only be built when there is an existing or proposed single-family or multifamily residence (e.g., primary residence) on the site. Junior accessory dwelling units shall only be built when there is an existing or proposed single-family residence on the site. If a site is vacant, an ADU or JADU may be constructed at the same time as a primary residence.
C. The accessory dwelling unit may be attached to the primary residence, located within the living area of the primary residence, or detached from the primary residence and located on the same lot as the existing dwelling.
D. Any rental term of the accessory dwelling unit shall be longer than thirty days.
E. The accessory dwelling unit may be conveyed separately from the primary residence under certain conditions, including that:
1. The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
2. There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
3. The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).)
4. The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
F. Prior to issuance of a building permit for the accessory dwelling unit or junior accessory dwelling unit, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this chapter, as follows:
1. For any junior accessory dwelling unit, the owner shall record a deed restriction, which shall run with the land, using a form to be provided by the city, memorializing the following:
a. The junior accessory dwelling unit shall not be sold or owned separately from the primary residence, and the property shall not be subdivided in any manner which would authorize such separate sale or ownership;
b. The junior accessory dwelling unit shall not exceed the size and attributes set forth in this chapter and Government Code Section 65852.22, including any future amendments thereto; c. Should a property have both an ADU and JADU, either the primary residence or the junior accessory dwelling unit must be owner-occupied at all times as required by state law, unless the owner is another governmental agency, land trust, or housing organization. (Gov. Code, § 65852.22, subd. (a)(2).)
2. Accessory dwelling units do not count toward the density requirements in the General Plan or zoning regulations. (Ord. 1242 §5, 2020)
17.12.050 Development standards.
The following standards apply to all accessory dwelling units.
A. An accessory dwelling unit with one or fewer bedrooms shall not be more than eight hundred fifty square feet in gross floor area and an accessory dwelling unit with two or more bedrooms shall not be more than one thousand square feet in gross floor area.
B. The conversion of an existing accessory structure or a portion of the existing primary residence to an accessory dwelling unit is not subject to unit size requirements. However, any application that proposes to expand an accessory structure to create an accessory dwelling unit beyond 150 square feet would be subject to the size maximums outlined in State ADU Law and Chapter 17.12.
C. A detached accessory dwelling unit shall be limited to a height of sixteen feet.
D. A detached accessory dwelling unit shall be located behind the rear building line of the primary residence.
E. The color, material and texture of the roof, exterior walls, fenestration, and architectural feature of an accessory dwelling unit shall be architecturally compatible with the primary dwelling unit and adjacent properties. The roof pitch of a second unit shall match the roof pitch of the primary dwelling unit.
F. Setbacks for Detached Accessory Dwelling Units. The side-yard and rear-yard setback for detached accessory dwelling units shall be no less than three feet in accordance with the Uniform Building Code.
Accessory units higher than one story shall provide side yard setbacks of four feet and rear yard setbacks of four feet. If any portion of an accessory dwelling unit is located in front of the main building, then the front and side yard setbacks shall be the same as a main building in the zoning district. Accessory dwelling units are not eligible for variances to setbacks.
G. No setback shall be required for an existing structure that is converted to an accessory dwelling unit unless it is required to provide sufficient fire safety as required by the City Code.
H. Setbacks for a newly constructed attached accessory dwelling unit shall meet the same setbacks as the main building in the zoning district or four feet, whichever is less.
I. Notwithstanding the requirements and standards above, accessory dwelling units that meet all of the following criteria shall be permitted on all residential zoning districts on a lot with an existing singlefamily or multifamily residence:
1. The accessory dwelling unit is contained within a legally constructed existing space (i.e., a fully enclosed area, including a garage) of the primary dwelling or accessory structure.
2. There is an independent exterior access from the existing residence.
3. Side and rear setbacks are sufficient for fire safety.
4. All applicable building and safety codes are met. Only one accessory dwelling unit and one junior accessory dwelling unit will exist on the site.
J. The following standards apply only to junior accessory dwelling units:
1. A junior accessory dwelling unit shall not be more than five hundred square feet in size and contained entirely within an existing or proposed single-family structure.
2. The entrance to a junior accessory dwelling unit must be separate from the main entrance to the structure.
3. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
4. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
17.12.060 Parking requirements.
A. One parking space shall be provided on site for the accessory dwelling unit. The on-site parking space required for the accessory dwelling unit may be provided as covered, uncovered, or as tandem parking on an existing driveway.
B. Exception. No additional parking space is required for an accessory dwelling unit if it meets any of the following conditions:
1. The accessory dwelling unit is located within one-half mile walking distance of public transit.
Public transit includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
C. Any onsite parking lost due to the conversion of a garage, carport or covered parking structure into an accessory dwelling unit cannot be replaced with off-street parking spaces (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D. An accessory dwelling unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site. (Ord. 1242 §5, 2020)
E. No accessory building or structure shall block or otherwise prevent the entry of passenger vehicles to any garage. (Ord. 1089 §3, 2006; Ord. 822 §1, 1989)
Figure 17.12.060-A Back Up Triangle
17.12.070 Impact Fees
A. Accessory dwelling units up to 750 square feet are exempt from impact fees; accessory dwelling units that are 750 square feet or larger may be charged impact fees but only such fees that are propor�onal in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).)
B. ADUs converted from exis�ng space and JADUs shall not be considered by a local agency, special district, or water corpora�on to be a new residen�al use for purposes of calcula�ng connec�on fees or capacity charges for u�li�es, unless constructed with a new single-family dwelling. The connec�on fee or capacity charge shall be propor�onate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov. Code, § 65852.2, subd. (f)(2).)
17.12.080 Enforcement
Upon application and approval, any enforcement action against a qualifying substandard ADU must be delayed for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).)
17.12.090 Excep�ons
A. Ministerial approval shall apply for building permit applications that satisfy the following standards.
1. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Section 65852.22.
2. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
a. One accessory dwelling unit within an existing multifamily dwelling is allowed up to twentyfive percent of the existing multifamily dwelling units.
3. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of sixteen feet and four-foot rear yard and side setbacks. (Ord. 1242 §5, 2020) B. An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).)
17.12.100 Accessory Buildings
This section applies to accessory buildings not used for residential use.
A. Generally: The location and use of accessory buildings or structures shall be governed by the following sections of this chapter. (Ord. 822 §1, 1989)
B. Common walls: Where an accessory building or structure is attached to a main building by means of a common foundation, wall, roof or other means of attachment, the accessory building or structure shall be considered a portion of the main building and shall comply with all the regulations applicable to the main building. (Ord. 822 §1, 1989)
C. Use:
1. An accessory building or structure shall not be used for any use not specifically permitted in the zone district in which the building or structure is located. No person shall occupy an accessory building or structure.
2. An accessory building shall not include a kitchen, bedrooms, or shower/bathtub. (Ord. 1089 §2, 2006; Ord. 822 §1, 1989)
D. Location and lot coverage in residential zones
1. The maximum size of an accessory building may not exceed 700 square feet.
2. An accessory building or structure shall not be located within twenty feet of the front property line on interior lots or key lots. If the primary building or structure is setback more than twenty feet, the accessory building or structure shall not be located closer than the closest portion of the house to the front or side street property line.
3. An accessory building or structure shall not be located within seventy-five feet of the front property line on corner lots or reversed corner lots.
4. A detached accessory building or structure shall not cover more than thirty percent of the required rear yard.
E. Setback for residential zones: No accessory building or structure in a residential zone shall be within three feet of a side or rear property line unless the accessory structure complies with the following construction standards:
1. The accessory structure is constructed with one-hour fire resistant material;
2. All drainage from the accessory structure is captured and transported within the boundaries of the lot upon which the accessory structure is located; and
3. The accessory structure contains no doors, openings or windows on the side or sides of the structure within three feet of the side or rear property line. (Ord. 1089 §4, 2006; Ord. 822 §1, 1989)
Chapter 17.13
DENSITY BONUS
Sections
17.13.010 Intent and purpose.
17.13.020 Implementation.
17.13.030 Types of incentives allowed.
17.13.040 Requirements for density bonus projects.
17.13.050 Development standards.
17.13.060 Processing of density bonus requests.
17.13.070 Density bonus housing agreement.
17.13.080 Changes in State Density Bonus Laws.
17.13.010 Intent and purpose.
The purpose of this chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with Government Code Sections 65915—65918. In enacting this chapter, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the city’s General Plan. (Ord. 1173 §1, 2014)
17.13.020 Implementa�on.
A. The city shall grant a density bonus and incen�ves pursuant to 17.13.020-B and 17.13.020-C to an applicant who agrees to provide any of the following:
Table 17.13.020-A Density Bonus Implementa�on
Type of Units Percent of Total Units (Minimum)
Very Low Income 5%
Lower Income 10%
Moderate Income Condominium 10% as defined by Civil Code Sections 1351(f) or (k) Any senior development Any
B. In determining the number of density bonus units to be granted pursuant to this sec�on, the density bonus for the site shall be computed as follows:
Table 17.13.020-B Maximum Allowable Density Bonus per Percent Increase in Units Made Affordable Type of Household Maximum Allowable Residential
Density
Percent Increases in Units
Made Affordable
Very Low Income +20% Each 1% increase (after 5%) =
2.5% density bonus increase,
up to 50%
Lower Income +16% Each 1% increase (after 10%) =
1.5% density bonus increase,
up to 50%
Moderate Income Condominium +5% Each 1% increase (after 10%) = 1% density bonus increase, up
to 50%
100% Affordable Developments +80% NA
1. Density Bonus for One-Hundred Percent Affordable Developments. Density bonuses are required to be provided for developments that contain one-hundred percent affordable units (out of total
units). These developments may have density bonuses up to eighty percent, provided that these developments result in a project cost reduc�on and that there are no adverse impacts on public health, safety, the environment, or historical proper�es that could be contrary to the law (AB 1763).
a. If one-hundred percent affordable developments are located within a half (1/2) mile of major transit stop, the development is exempt from maximum controls on density (AB 1763).
2. Certain Dona�ons of Land. When an applicant for a tenta�ve subdivision map, parcel map, or other residen�al development approval donates land to the city that sa�sfies the requirements of Government Code Sec�on 65915(g), and complies with all procedural requirements of that subsec�on, including recorda�on of a deed restric�on, the maximum allowable residen�al density for the site shall be increased by fi�een percent; provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Sec�on 65915(g), the density bonus shall be increased by one percent up to a maximum of fi�y. This increase shall be in addi�on to any increase required by Sec�on 17.13.020-A, up to a maximum combined density increase of fi�y percent, if an applicant seeks both the increase required by this subsec�on and by Sec�on 17.13.020-A.
3. All density calcula�ons resul�ng in frac�onal units shall be rounded up to the next whole number.
The density bonus shall not be included when determining the percentage of target units. When calcula�ng the required number of target units, any resul�ng frac�on of units shall be deleted.
4. Any development receiving a density bonus pursuant to 17.13 must reserve at least twenty percent of units for affordable housing. Eighty percent of units within the development must be consistent with the maximum rent level for developments that receive low-income tax credits from the California Tax Credit Alloca�on Commitee (CTCAC).
C. Number of Incen�ves. The applicant shall receive the following number of incen�ves or concessions:
Table 17.13.020-C Number of Incen�ves (AB 2345)
1. In cases where a density increase of more than the amount specified in Sec�on 17.13.020-B is requested, the density increase, if granted, shall be considered an addi�onal incen�ve.
2. Incen�ves provided, however, that these developments result in a project cost reduc�on and that there are no adverse impacts on public health, safety, the environment, or historical proper�es that could be contrary to the law.
D. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to Sec�on 17.13.020-A, and that includes a childcare facility as defined in Government Code Sec�on 65915(h)(4), the developer shall be en�tled to either an addi�onal density bonus that is an amount of square feet of residen�al space equal to or greater than the amount of square feet in the childcare facility, or an addi�onal incen�ve described in Chapter 17.13, that contributes significantly to the economic feasibility of the construc�on of the childcare facility. Any such childcare facility shall comply with the following:
Number of
Incentives
Percent of Total Units:
Lower Income
Households
Percent of Total Units:
Very Low Income
Households
Percent of Total Units:
Condominium for Moderate
Income Households
1 10% 5% 10%
2 17% 10% 20%
3 24% 15% 30%
4 100% Affordable Housing (may include up to 20% moderate income) (AB 1763)
1. The childcare facility shall remain in opera�on for a period of �me that is as long or longer than the period of �me during which the density bonus units are required to remain affordable;
2. Of the children who atend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income, pursuant to this chapter;
3. Notwithstanding the foregoing, the city shall not be required to provide a density bonus or incen�ve for a childcare facility when it is found, based upon substan�al evidence, that the community has adequate childcare facili�es. (Ord. 1173 §1, 2014)
17.13.030 Types of incen�ves allowed.
Incen�ves. If requested by the applicant, a qualifying project shall be en�tled to the following incen�ves, the number of which shall be determined pursuant to Chapter 17.13.020, unless the city makes the writen findings required by Government Code Sec�on 65915(d)(1):
A. Types of Incen�ves. Incen�ves may include, but are not limited to, any of the following:
1. A reduc�on in site development standards which exceed the minimum building standards provided in Part 2.5 (commencing with Sec�on 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following:
a. Reduced minimum lot sizes and/or dimensions,
b. Reduced minimum lot setbacks,
c. Reduced minimum outdoor and/or private outdoor open space, d. Increased maximum lot coverage,
e. Increased maximum building height
i. If development contains one-hundred percent affordable units and is located within a half (1/2) mile of major transit stop, the height of the development may exceed normal thresholds by up to thirty-three feet or three stories.
2. Reduced on-site parking standards,
3. Reduced minimum building separa�on requirements,
4. Other site or construc�on condi�ons applicable to a residen�al development;
5. Mixed-use zoning to allow the housing development to include nonresiden�al uses and/or allow the housing development to be within a nonresiden�al zone. Approval of mixed-use ac�vi�es in conjunc�on with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compa�ble with the housing development and the exis�ng or planned development in the area, and is consistent with the General Plan;
6. Another regulatory incen�ve or concession proposed by the applicant and agreed to by the city, that results in iden�fiable, financially sufficient, and actual cost reduc�ons. Permissible incen�ves include direct financial aid (e.g., CAL Home, or other Federal or State housing funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construc�on costs;
7. A density bonus of more than thirty-five percent;
8. Waived, reduced, or deferred plan check, or construc�on permit. Impact fees (e.g., capital facili�es, park, traffic, etc.) may not be imposed on affordable units in any Density Bonus development (AB 571).
B. Requirements.
1. Economic Feasibility. Any development incen�ve granted shall contribute to the economic feasibility of providing the target units.
2. Waivers or Modifica�ons of Development Standards. In addi�on to any density bonus or incen�ves provided, an applicant may seek a waiver or modifica�on of development standards that would physically preclude the construc�on of a housing development at the densi�es or with the incen�ves permited by this chapter.
a. The applicant may request a mee�ng with city staff to discuss the applicant’s proposal for reduced development standards. The city may not apply any development standard that would physically preclude the construc�on of a housing development at the densi�es or with the incen�ves permited by this chapter. (Ord. 1173 §1, 2014) b. Developments receiving maximum density waiver are only eligible for specified waiver or reduc�on of development standards unless city agrees to addi�onal waiver or reduc�on of development standards (AB 1763).
17.13.040 Requirements for density bonus projects.
A. The entry into and execu�on of the density bonus housing agreement shall be a condi�on of a discre�onary planning permit (e.g., tract maps, parcel maps, site plans, planned development or condi�onal use permits) or a ministerial building permit for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant’s cost as a restric�on running with the land on the parcel or parcels on which the target units will be constructed.
B. Target units shall remain restricted and be offered at affordable rents to the designated group for a period of fi�y-five years for rental units (or a longer period of �me if required by the construc�on or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), forty-four years for owner-occupied units, or otherwise as provided by law.
C. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assump�ons shall be used, unless the housing development is subject to different assump�ons imposed by other governmental regula�ons.
Table 17.13.040-A Household and Unit Size Assump�ons
SRO (residential hotel) unit 75% of 1 person
Studio 1 person
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 6 persons
D. An applicant shall agree that the ini�al occupants of the moderate income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Sec�on 50093.
E. Upon resale, the seller of the unit and the city shall share in the equity as follows:
1. The seller of the unit shall retain the value of any improvements, the down payment, and the seller’s propor�onate share of apprecia�on.
2. The city shall re-capture any ini�al subsidy and its propor�onate share of apprecia�on, which shall then be used within five years for any of the purposes described in Health and Safety Code Sec�on 33334.2(e) that promote homeownership.
3. For purposes of this subsec�on, the city’s “propor�onate share of apprecia�on” shall be equal to the ra�o of the city’s ini�al subsidy to the fair market value of the home at the �me of the ini�al sale.
4. For purposes of this subsec�on, the city’s “ini�al subsidy” shall be equal to the fair market value of the home at the �me of the ini�al sale minus the ini�al sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the ini�al market value, then the value at the �me of resale shall be used as the ini�al market value.
F. All for-sale target units shall be occupied by their purchasers; no ren�ng or subleasing shall be permited. The purchaser shall remain on �tle as long as the purchaser owns the unit.
G. The owner of a rental development shall submit annually, and within thirty days of occupancy of a target rental unit, a cer�ficate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.
H. The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.
I. The owner of a rental development shall provide to the city any addi�onal informa�on required by the city to ensure the long-term affordability of the target units by eligible households.
J. The city shall have the right to inspect the owner’s project-related records at any reasonable �me and shall be en�tled to audit the owner’s records once a year.
K. The city may establish fees associated with the se�ng up and monitoring of target units. (Ord. 1173 §1, 2014)
17.13.050 Development standards.
A. Target units shall be constructed concurrently with nonrestricted units unless both the city and the applicant agree within the density bonus housing agreement to an alterna�ve schedule for development.
B. Target units shall be built on-site wherever possible and when prac�cal, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher propor�on of target units with more bedrooms. The design and appearance of the target units shall be compa�ble with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards that may be modified as provided by this chapter. Devia�ons from these provisions may only be permited as part of an approved density bonus housing agreement.
C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alterna�ve development site. Where the applicant and the city form an agreement, the resul�ng linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alterna�ve site.
D. Parking Requirements. Upon the request of the developer of a housing development qualifying for a density bonus pursuant to this chapter, the city shall permit vehicular parking ra�os, inclusive of handicapped and guest parking, in accordance with the following standards:
Table 17.13.050-A Parking Alloca�on per Number of Bedrooms Number of Bedrooms Required Parking Space Allocation
0-1 1 space (onsite)
2-3 1.5 spaces (onsite)
4+ 2.5 spaces
Supportive or special needs housing Not subject to parking requirements
1. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsec�on, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking. (Ord. 1173 §1, 2014) E. Parking Requirements – Special Cases (AB 2345):
Table 17.13.050-B Parking Alloca�on per Type of Development and Access to Transit Type of Development Proximity to Transit Required Parking Space Allocation
Affordable housing development
with at least 11% of units for very
low income or 20% of units for
low income (calculated off of
base density
½ mile (unobstructed) to a
major transit stop
0.5 spaces per unit
100% affordable developments
(lower income households)
½ mile (unobstructed) No parking standards can be
imposed
Development for individuals 62+
years complying with Sections
51.2 and 51.3 of the Civil Code
½ mile (unobstructed) to a
fixed bus route running no less
than 8 times a day or
paratransit service
0.5 spaces per unit
Affordable housing development
(lower income) that is special
needs or supportive housing
½ mile (unobstructed) to a
fixed bus route running no less
than 8 times a day or
paratransit service
No parking standards can be
imposed
17.13.060 Processing of density bonus requests.
An applica�on for a density bonus pursuant to this chapter shall be processed as part of the applica�on for a housing development. An applica�on for a housing development shall not be determined “complete” for purposes of Government Code Sec�on 65920, et seq., unless and un�l the city council has given preliminary approval of the form and content of a density bonus housing agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the density bonus shall be as follows:
A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an applica�on for a density bonus as part of the submital of any formal request for approval of a housing development. The applica�on, whether a pre-applica�on or a formal applica�on, shall include:
1. A brief descrip�on of the proposed housing development, including the total number of units, target units, and density bonus units proposed;
2. The zoning and General Plan designa�ons and assessor’s parcel number(s) of the project site;
3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and
4. The number and nature of the incen�ves requested pursuant to this chapter.
B. Review of Density Bonus Request.
1. Within ninety days of receipt of the applica�on for a density bonus and a housing development, the city shall provide to an applicant a leter, which iden�fies project issues of concern, and the procedures for compliance with this chapter.
2. If addi�onal incen�ves are requested, the director of community development shall inform the applicant that the requested addi�onal incen�ves shall or shall not be recommended for considera�on with the proposed housing development, or that alterna�ve or modified incen�ves shall be recommended for considera�on in lieu of the requested incen�ves. If the director of community development recommends alterna�ve or modified incen�ves, the recommenda�on shall establish how the alterna�ve or modified incen�ves can be expected to have an equivalent affordability effect as the requested incen�ves.
C. Approval. The city shall approve a density bonus and requested incen�ves in conjunc�on with a discre�onary planning permit or ministerial building permit for a housing development if the applica�on complies with the provisions of this chapter. The execu�on and recorda�on of the density bonus housing agreement shall be a condi�on of approval of the discre�onary planning permit or ministerial building permit. (Ord. 1173 §1, 2014)
17.13.070 Density bonus housing agreement.
A. The terms of the dra� density bonus housing agreement (the “agreement”) shall be reviewed and revised as appropriate by the director of community development and the city atorney who shall formulate a recommenda�on to the planning commission for review and the city council for final approval.
B. Following execu�on of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The condi�ons contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construc�on of target units as a condi�on of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors-in-interest for this property, which is the subject of the housing development applica�on.
C. At a minimum, the agreement shall include the following:
1. The total number of units proposed within the housing development, including the number of target units;
2. A descrip�on of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
3. The loca�on, unit sizes (square feet) and number of bedrooms of target units;
4. Tenure of use restric�ons for target units per the period of �me outlined in Sec�on 17.13.050-B;
5. A schedule for comple�on and occupancy of target units;
6. A descrip�on of any addi�onal incen�ve being provided by the city;
7. A descrip�on of remedies for breach of the agreement by either party (the city may iden�fy tenants or qualified purchasers as third party beneficiaries under the agreement); and
8. Other provisions to ensure implementa�on and compliance with this chapter.
D. In the case of for-sale housing developments, the agreement shall provide for the following condi�ons governing the ini�al sale and use of target units during the applicable use restric�on period:
1. Target units shall, upon ini�al sale, be sold to and occupied by eligible very low, lower, or in the case of a condominium, moderate income households at an affordable sales price and housing cost, or to qualified senior ci�zen residents (i.e., maintained as senior ci�zen housing) or to qualified veteran housing residents.
2. The ini�al purchaser of each target unit shall execute an instrument or agreement, approved by the city atorney, restric�ng the sale of the target unit in accordance with this chapter during the applicable use restric�on period. Such instrument or agreement shall be recorded against the
parcel containing the target unit and shall contain provisions as the city may require to ensure con�nued compliance with this chapter and the State Density Bonus Law.
E. In the case of rental housing developments, the agreement shall provide for the following condi�ons governing the use of target units during the use restric�on period:
1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;
2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and
3. Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying target units, and which iden�fies the bedroom size and monthly rent or cost of each target unit. (Ord. 1173 §1, 2014)
17.13.080 Changes in State Density Bonus Laws.
It is the intent of the city council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Sec�on 65915 et seq., notwithstanding changes in state laws revising percentages, numerical thresholds and/or other standards applicable to the gran�ng of density bonuses or related incen�ves that may occur a�er the effec�ve date of the ordinance codified in this chapter.
Accordingly, it is the further intent of the city council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflic�ng percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permited by law. (Ord. 1173 §1, 2014)
Chapter 17.14
OBJECTIVE DESIGN STANDARDS
Sections
17.14.010 Intent and purpose.
17.14.020 Applicability.
17.14.030 Site design.
17.14.040 Massing and form.
17.14.050 Entries and ground-level experience.
17.14.060 Landscaping and open space.
17.14.070 Parking and access.
17.14.080 Exterior and outdoor elements.
17.14.090 Façade and detailing.
17.14.100 Building equipment and service areas.
17.14.110 Artistic elements.
17.14.010 Intent and purpose.
The purpose of the Objec�ve Design Standards is to provide architectural and design requirements aimed at streamlining the approval process for qualifying mul�-unit residen�al developments. The Objec�ve Design Standards are intended to support a high-quality and desirable character for South El Monte.
17.14.020 Applicability.
The Objec�ve Design Standards only apply to qualifying mul�family and mixed-use projects unless specifically stated otherwise in this chapter. These qualifying projects are located on a site that is zoned for residen�al use (R-1, R-2, and R-3), commercial-residen�al use (C-R), or on a site that has a General Plan designa�on allowing residen�al use or a mix of residen�al and non-residen�al uses. These qualifying projects are defined as “Projects” in this chapter.
These standards serve as the minimum requirements and are mandatory for Projects with at least twothirds of the square footage of the development designated for residen�al use for which a streamlined approval process is requested pursuant to State law per Government Code Sec�on 65913.4. These standards shall supplement and be in addi�on to other objec�ve standards within the zoning district in which the Project is located. In the event of any inconsistency between these standards and other provisions established by South El Monte’s Zoning Ordinance (Municipal Code, Title 17), these standards shall prevail.
17.14.030 Site design.
A. Neighborhood compa�bility
1. Projects located in single-family residen�al areas shall orient entrances, pa�os, and landscaping to the street. Residen�al uses and ac�vi�es may be located near other residen�al uses.
2. Projects located in the commercial-residen�al zone (C-R) shall orient all ground floor commercial and residen�al uses to the street, plazas, or parks to encourage public ac�vity.
3. Projects adjacent to single-family residen�al areas and industrial areas shall install solid masonry walls and landscaping at the adjoining property line in compliance with required setbacks.
4. Uses that may generate noise levels over sixty (60) dB shall have primary entries, window openings, and permited outdoor uses front commercial streets and away from residen�al uses.
5. Projects located adjacent to industrial uses that may generate noise over sixty (60) dB shall have primary entries, window openings, and permited outdoor uses front commercial streets and away from industrial uses.
B. Transit connec�ons
1. Driveways shall not be located directly adjacent to bus stops to avoid conflicts between buses and vehicles entering or exi�ng the parking area.
2. Projects adjacent to a transit stop shall provide a direct connec�on between the transit stop and any pedestrian and bicycle entrances via walkways, paseos, sidewalks, or any other path of travel uninterrupted by a driveway or parking area.
17.14.040 Massing and form.
A. Massing
1. Mul�-unit residen�al-only projects shall have massing breaks at least every thirty feet along any street frontage using varying setbacks, ver�cal recesses up to three feet deep and four feet wide, or recessed building entrances. Massing breaks shall be at least two feet deep and extend the full height of the building.
2. Mixed-use projects must dis�nguish non-residen�al uses at the ground floor from the upper stories by having massing breaks at least every sixty feet along any street frontage above the podium level using varying setbacks, ver�cal recesses up to three feet deep and four feet wide, or recessed building entrances. Massing breaks shall be at least two feet deep and extend the full height of the building.
B. Setbacks
1. Projects shall comply with the setbacks listed in the zoning district in addi�on to the requirements of this sec�on.
2. Setbacks for ground-floor residen�al units along street frontages shall not exceed ten feet. The setback area shall include street trees and understory plan�ngs.
3. Projects located in commercial-residen�al zones with ground-floor non-residen�al uses shall have a minimum of seventy percent of building frontage constructed to the front property line with a zero-foot front yard setback.
C. Materials
1. Exterior building façades shall be constructed of stucco, fiber cement, masonry, architectural concrete masonry units, pre-cast concrete, rock, wood, or simulated wood siding. All buildings shall have an integrated color or painted exterior.
2. For projects that have a mix of affordable units and market-rate units, exterior materials and details shall be the same for both such that the units are not dis�nguishable.
D. Single Family Addi�ons and Accessory Structures Design
1. New roofs shall be similar in form, pitch, slope and material with the exis�ng permited house.
2. Architectural design shall match style, form, color and material of the exis�ng permited house and extend to all the exterior por�ons of the structure that are visible to the public right-of-way and/or visible from adjacent proper�es. Por�ons not visible shall incorporate complementary elements.
3. Front Entry Orienta�on. New architecture, front addi�ons altering the entrance of the dwelling, and remodels altering the entrance of the dwelling shall be designed with the front door oriented towards the street.
17.14.050 Entries and ground-level experience.
A. Orienta�on and dimensions
1. Building frontages shall be oriented towards the street with clearly defined entrances.
Residen�al and commercial entrances must be clearly differen�ated.
2. Projects in commercial-residen�al zones with ground floor commercial and retail shall provide direct access from and to the street.
B. Corner Cutoff entries
1. Mixed-use projects shall provide a ten-foot minimum corner cutoff at intersec�ons to maintain visibility
2. Mixed-use projects with a corner cutoff shall have an entrance to the building from this area.
Corner cutoff areas can include features such as benches, public art, signage, or ligh�ng.
Anything constructed or installed within the corner cutoff area may not exceed 42-inches in height
C. Residen�al access
1. For buildings with ground floor residen�al units with street frontage, entrances shall be clearly defined and directly accessible from the public sidewalk. For units that do not face the street, entrances may face a forecourt with at least the primary building entrance having access to the public sidewalk.
2. Individual residen�al unit entrances located on the ground floor shall be elevated between two and three feet above grade to provide adequate separa�on from the public street while preserving a visual connec�on. Accessibility requirements may be met with an at-grade main entrance to the building and unit entries from the building interior.
3. A minimum three-foot deep transi�on space must be provided between ground floor individual residen�al unit entrances and the street.
17.14.060 Landscaping and open space.
A. Landscaping
1. All common space areas, building entries, and pedestrian walkways shall be landscaped with defined edges.
2. Projects in residen�al zones shall have landscaped pedestrian walkways with shade trees at intervals of thirty feet. At least fi�y percent of street trees shall be deciduous trees to shade walkways in summer and allow for the sun in winter.
3. Projects with residen�al uses on the ground floor shall provide landscaping along the street frontage to create a buffer between the sidewalk and the residen�al units. The landscaped setback shall not be less than three feet.
4. For projects in commercial-residen�al zones, a tree canopy shall be provided along the street frontage by installing shade trees at intervals of thirty feet or less.
5. Landscape accent ligh�ng shall not exceed 18 inches in height.
B. Landscaping in parking areas
1. Landscaping shall be included in all parking lots and include drought-tolerant plan�ngs that can thrive in an urban se�ng and be resilient to changing climate condi�ons, permeable pavers, and permanent water-efficient irriga�on systems.
2. One shade canopy tree shall be included for every seven parking spaces and shall be placed within the parking lot envelope. The trees shall be dispersed throughout the parking lot.
3. Solid plant hedges shall be designed and maintained to screen vehicles from view from the street to a minimum height of three feet.
C. Trees
1. Tree species for projects located in residen�al and commercial-residen�al zones shall be selected in accordance with the City of South El Monte Tree Policy.
D. Common Open Space
1. All por�ons of all common open space shall be accessible to all tenants.
2. Projects shall provide a minimum of four hundred square feet of ground level common open space per dwelling.
3. For projects with five or more units, no less than fi�y percent of the required ground level common open space shall consist of at least one amenity from the following op�ons:
E. Ac�ve recrea�onal facili�es, such as sports fields, sports courts, or areas for recrea�onal/exercise equipment.
F. Passive recrea�onal facili�es, such as paseos, plazas, or shaded gathering areas.
G. Community gardens.
H. Playgrounds or tot lots with a minimum of three structured play modules and a sea�ng area.
I. Lounge or reading area.
17.14.070 Parking and access.
A. Parking requirements
1. Parking requirements for mul�-unit and mixed-use projects shall conform with the standards established in 17.16(Off-street parking requirements).
B. Loca�on and access
1. Parking spaces (including structures) shall not occupy more than fi�een percent of the site frontage and shall be integrated into the design of the development. Parking may be placed behind buildings and/or on the interior of blocks to reduce visual prominence.
2. Parking areas along side or private streets shall occupy less than forty percent of the site frontage.
3. If mul�ple driveways are provided along the street frontage, they shall be at least sixty feet apart measured from the internal edges to reduce impacts of on-street parking capacity and minimize pedestrian and vehicular conflicts.
4. Projects in commercial-residen�al zones shall have parking and garage entrances with an architectural style that is consistent with the rest of the project.
5. Clearly defined pedestrian and bicycle access shall be provided and shall be accessible from the public street. All access points shall be a minimum of five feet in width and shall be unobstructed and conveniently accessible by walks, steps, or stepped ramps.
C. Screening
1. Parking shall be screened from street frontage by building placement, architectural elements, landscaping, planted fence, topography, or some combina�on of these elements. Landscaping used for screening purposes shall be no more than forty-two inches tall.
2. Parking behind buildings shall be screened on all sides from adjacent residen�al zones and adjacent streets by a six-foot-high wall to avoid headlight impacts to adjoining proper�es. A fivefoot-wide landscape buffer (from the back of the sidewalk or street curb to the parking lot paving) may be used for screening purposes.
3. Parking screening shall be con�nuous, broken only for access driveways and walkways.
4. Architectural elements used for screening purposes shall be three feet tall and shall u�lize the same materials, colors, and ligh�ng fixtures as the site or building, or include a mural.
5. For mixed-use projects, parking along the frontage street shall be wrapped with a linear space for retail, commercial, or residen�al uses.
D. Parking Structures
1. Parking structures shall be consistent with the ar�cula�on and design of the building façade.
Screening elements shall incorporate faux building façades and/or ar�s�c elements along the full length of the façade.
2. Glare-free, dark-sky compliant fixtures shall be u�lized to prevent uneven light distribu�on and trespass or glare outside the structure or property line.
E. Long-term bicycle parking
1. Long-term bicycle parking is defined in 17.03as bicycle parking designed for residents, employees, students, public transit users, and others that need to park their bicycles for several hours or more that provides security and weather protec�on.
2. Mul�-unit projects shall provide one long-term bicycle parking/storage space for every two units.
3. Long-term bicycle parking shall be located on the ground floor or first level of a parking structure in a secured loca�on within proximity to the public street.
4. Bicycle spaces shall not be located within required storage areas for the building; however, they may be located in common areas with direct access to the street.
5. Each required bicycle parking space shall be accessible without moving another bicycle.
F. Short-term bicycle parking
1. Short-term bicycle parking is defined in 17.03 as bicycle parking where bicycles are le� for two hours or less, such as bicycle racks.
2. Projects shall provide one short-term bicycle parking space for every ten parking spaces.
3. Bicycle parking facili�es shall be placed to include a three-foot buffer on all sides of a bicycle rack to accommodate a standard bicycle parked on-center to not interfere with pedestrian and vehicular access.
4. Each required bicycle parking space shall be accessible without moving another bicycle.
5. Bicycle parking facili�es shall be in well-lit and convenient areas on private property within fi�y feet of the main entrance to the building.
17.14.080 Exterior and outdoor elements.
A. Ligh�ng
1. All walkways, steps, parking areas, driveways, onsite streets, and other facili�es shall be illuminated to ensure safe and convenient nigh�me use.
2. All ligh�ng fixtures shall be fully shielded and directed downward to direct light to fall on the same premises upon which the light is located and prevent light from entering habitable rooms and enclosures, or from spilling onto adjacent proper�es.
3. Freestanding ligh�ng shall be a maximum height of eight feet, and architecturally compa�ble with the architecture of the subject site.
4. All bicycle parking and storage areas shall be illuminated.
B. Fence and wall standards
1. Residen�al fence and walls standards are found in Sec�ons 17.05.080.
2. Fences shall be constructed of vinyl, decora�ve iron, or welded steel. Barbed wire, electrified fence, chain link, and razor wire are prohibited.
3. All fences along a public street shall be constructed of masonry, decora�ve iron or welded steel.
4. Masonry walls are allowed and shall conform to the requirements of the California Building Code and will require a building permit.
17.14.090 Façade and detailing.
A. Ar�cula�on
1. Residen�al projects with street-facing façades greater than fi�y feet long shall incorporate two or more of the following varia�ons in the building frontage:
B. Changes in material or color every thirty feet or less. Upper stories shall exhibit a lighter character than the base.
C. Cornices that project no more than two feet into the public right-of-way (second floor and up).
D. Window bays or other projec�ng windows that encroach no more than two feet into the public rightof-way every thirty feet or less.
E. Above-ground balconies that encroach no more than two feet into the public right-of-way every thirty feet or less.
F. Projec�ons or recesses, such as porches, steps, entryway doors, or similar architectural elements, that may project up to six feet into the minimum front yard setback area to define the primary entrances of the building.
G. Changes in height of the building of at least four feet for projects with two or more stories. a. Mixed-use projects in commercial-residen�al zones shall have ar�culated street-facing façades for at least eighty percent of each façade length. Other façades shall be ar�culated for at least sixty percent of the façade length. Street-facing facades shall include at least one of the following varia�ons:
H. Changes in material from the remainder of the façade.
I. Horizontal design features, such as water tables, belt courses, or belly bands to transi�on to the upper stories.
1. Ground floor height
a. Mixed-use projects in commercial-residen�al zones with ground floor non-residen�al uses shall have a minimum ground floor ceiling height of fourteen feet.
2. Windows
a. Residen�al uses along street frontages shall have clear glass windows or doors of at least thirty percent transparency.
b. Mixed-use projects with retail and office uses along street frontages shall have windows and doors of a minimum of sixty percent transparency to provide views into the building. Views into the building shall not be blocked by shelving or displays.
3. Accessory structures
a. Accessory structures shall match the residen�al development by using the same roof form, overhangs, trims, windows, and colors.
17.14.100 Building equipment and service areas.
1. Mechanical equipment
a. Screening for both ground-level and roof-mounted mechanical equipment shall be consistent with the design of the building.
b. All mechanical equipment, including hea�ng/air condi�oning units, transformer, terminal boxes, meter cabinets, pedestals, and ducts, located at ground level shall be screened from view from streets, parks, gathering areas, and building entries using noncombus�ble screenings. Screenings are subject to all yard and setback regula�ons and shall exceed all mechanical equipment by one foot in height.
c. Elevator housing and mechanical equipment located on the roof of the building shall be screened from view behind a full or par�al penthouse with walls and roofs that have the same construc�on and appearance of the building served by the equipment.
2. U�lity connec�ons
a. All u�lity connec�ons shall be designed to be consistent with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box loca�ons shall be included in the site plan and must be screened from view through the use of landscaping or other architectural elements. b. All new and exis�ng u�lity connec�ons within the boundaries of the project shall be placed underground.
3. Refuse and recycling enclosures
a. Standards for refuse enclosures are found in Sec�ons 17.05.120 and 17.07.040.
4. Laundry facili�es
a. Standards for laundry facili�es for mul�-unit projects are found in Sec�on 17.07.060 (Addi�onal development standards).
5. Storage facili�es
a. Projects shall be provided with a minimum of one hundred and fi�y-cubic feet for storage space per dwelling unit plus fi�y-cubic feet for each addi�onal bedroom more than one.
Bedroom closets and cubic feet u�lized by mechanical equipment shall not be included in the cubic feet requirement.
b. Outdoor storage areas shall be located to the rear of a building and enclosed by solid decora�ve masonry walls and view-obstruc�ng gates, both to be not less than 5.5 feet in height to adequately screen such areas from view.
c. Mixed-used projects shall provide a minimum of ninety cubic feet of private storage space 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)
17.14.110 Ar�s�c elements.
1. Public Art
a. Integrate permanent art into common open spaces and gathering areas in all projects.
2. Limita�on on Blank Walls
a. Decora�ve features and artwork, including but not limited to decora�ve ironwork and grilles, decora�ve panels, mosaics, or relief sculptures are allowed as features to break con�nuous blank walls.
b. A permanent ver�cal trellis with climbing plants or plant materials is allowed.
Chapter 17.15
ADVERTISING SIGNS
Sections
17.15.010 Intent and purpose.
17.15.020 Policy.
17.15.030 Sign approval and permits required.
17.15.040 Correc�ons and stoppage of work.
17.15.050 Revoca�on of sign permits.
17.15.060 General sign provision.
17.15.070 Sign uses.
17.15.080 Nonconforming signs.
17.15.090 Regula�on of off-site signs.
17.15.100 Modifica�on of standards.
17.15.110 Appeals.
17.15.010 Intent and purpose.
The intent and purpose of this sec�on is to regulate signage area, sign height, sign types and sign design.
These regula�ons are designed to protect the general welfare of the residents of the city by permi�ng signs which are both func�onal and aesthe�cally atrac�ve and which enhance the commercial and industrial areas of the city. (Ord. 822 §1, 1989)
17.15.020 Policy.
The policy of the city with regard to signs and sign structures shall be: to recognize that adver�sing, including signs, is an integral part of the commercial life of the city; to recognize that aesthe�cs of the streetscape may be a source of community pride; to encourage those signs which make a posi�ve contribu�on to aesthe�cs; to eliminate those signs which detract from the appearance of the city or of the neighborhood in which they are located and to vigorously enforce the provisions of these regula�ons. (Ord. 822 §1, 1989)
17.15.030 Sign approval and permits required.
It is unlawful for any person, firm, organiza�on, or corpora�on to authorize, erect, construct, maintain, move, alter, atach, change, place, or suspend any sign within the city without first obtaining a writen permit to do so from the building official and from the department of planning and community development, except that no such permit shall be required to maintain a sign legally in existence on the date of adop�on of these regula�ons. Such permit shall not be issued un�l approval of such sign or signs is granted by the department of planning and community development or if required by the planning commission.
17.15.040 Correc�ons and stoppage of work.
It is unlawful for any person, firm, organiza�on, or corpora�on to authorize, erect, construct, maintain, move, alter, atach, change, place, or suspend any sign within the city without first obtaining a writen permit to do so from the building official and from the department of planning and community development, except that no such permit shall be required to maintain a sign legally in existence on the date of adop�on of these regula�ons. Such permit shall not be issued un�l approval of such sign or signs is granted by the department of planning and community development or if required by the planning commission.
A. Applica�on for Sign Approval. When signs are to be considered in conjunc�on with new construc�on or development, which in itself is subject either to site plan review or condi�onal use permit approval, the sign shall be considered as a part of this review. Requests for signs other than as a part of an overall project or development shall be submited to the planning and community development department on forms prescribed by the department and accompanied by a fee established by resolu�on of the city council. The applica�on shall be accompanied by three copies of a plot plan showing the following informa�on:
1. The posi�on of the sign or other adver�sing structure in rela�onship to the adjacent buildings or structure;
2. The design and size, structural details and calcula�ons as required by the Uniform Sign Code or the building code, and the proposed loca�on of the sign or sign structure;
3. The loca�on, size and dimensions of all signs exis�ng on the premises at the �me of the filing of the applica�on.
B. Sign Approval. Upon evalua�on of the applica�on, and a�er consulta�on with the applicant or his or her contractor, the director of planning and community development, or his or her designee, shall approve the applica�on, disapprove the applica�on, or approve the applica�on with condi�ons. If the applicant disagrees with the decision of the director, or his or her designee, the applicant may appeal, at no cost, to the planning commission in accordance with provisions of Sec�on 17.03.130 of these regula�ons. (Ord. 963 §33, 1995; Ord. 822 §1, 1989)
17.15.050 Revoca�on of sign permits.
The gran�ng of a sign permit shall not prevent the director of planning or his or her designee from therea�er requiring the correc�on of errors in the work or from preven�ng further opera�ons being carried out when such work or opera�ons are in viola�on of the provisions of this sec�on or the condi�ons of the sign permit. (Ord. 963 §34, 1995; Ord. 822 §1, 1989)
17.15.060 General sign provision.
The provisions of this sec�on shall not apply to the following signs, nor shall the area of each sign be included in the area of signs permited for any lot, building or use:
A. Sign Maintenance.
1. All signs, together with their supports and appurtenances, shall be kept in a proper state of repair. The display surface of all signs shall be kept neatly painted or posted. The building official may order the repair or removal of any sign that is not maintained in accordance with the provisions of these regula�ons.
2. All signs and adver�sing structures which are constructed on property lines, or within five feet thereof, shall have a smooth surface. No nails, tacks or wires shall protrude, except for electrical reflectors and devices which extend over the top and in front of the adver�sing structure.
B. Signs at Intersec�ons. No on-site adver�sing display or por�on thereof shall be erected or maintained at the intersec�on of any public or private street within a triangular area formed by a line connec�ng points forty feet from the intersec�on of the projected street property lines. No sign shall be placed in such a loca�on as to interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal.
C. Obstruc�on of Passage. No sign or sign structure shall be erected in such a manner that any por�on of its surface or supports will interfere in any way with the free use of a fire escape, exit or standpipe. No sign shall obstruct any window to such an extent that light or ven�la�on is reduced to a point below that required by any law, code or ordinance.
D. Signs on Public Property. Signs on public property or within the public right-of-way shall be prohibited unless otherwise authorized by these regula�ons.
E. Signs on Curbs, Streets or Street Signs. No person shall paint, mark, paste, fasten, or in any manner affix or cause to be painted, marked, pasted, fastened, or any manner affixed to or on the curb, street, sidewalk, street sign post, or to or on any sign erected for the purpose of direc�ng or warning traffic, or to or on any telephone, telegraph or electric light pole, or to or on any tree or shrub in any park, public street, alley, parkway or sidewalk any sign, poster, or adver�sement of any kind without first obtaining writen approval of the city council to do so. Nothing in this sec�on shall be construed as to prohibit the pos�ng of official signs by any department of the city, county, state or federal government, or to the pos�ng of legal no�ces in the place or manner prescribed by law. (Ord. 963 §36, 1995; Ord. 822 §1, 1989)
17.15.070 Signs uses.
Table 17.15.070-A Approval and Permit Requirements per Sign Type – All Zones Sign/Use Type Approval &
Permit
Requirements
Signs not exceeding one square foot in area, erected for convenience of the public such as signs identifying restrooms, public telephones, walkways and similar features or facilities E
Memorial signs or tablets, names of buildings and dates of erection, when cut into the surface of the façade of the building or when projecting no more than two inches from the face of the building
E
Traffic or other municipal signs (signs required by law), railroad crossing signs, legal notices, and such temporary advertising signs as may be authorized by the city council E
Signs of public utility companies indicating danger or which serve to aid the public safety or which show the location of underground facilities or public telephones E
Directional signs not exceeding three square feet in area, erected to aid the public in locating entrances to buildings, business or parking areas
E
Newspaper stands, provided the sign area does not exceed six square feet E One real estate sign per lot frontage, provided such sign meets the provisions of Section
17.15.060
E
House numbers, nonilluminated or directly illuminated, “no trespassing,” “no parking” and similar warning signs located on the lot to which the sign is appurtenant and provided that the sign does not exceed four square feet in area, one nonilluminated or directly illuminated name-plate, not exceeding one square foot in area for each dwelling unit, provided, that in the case of multiple dwellings, the total allowable area of such nameplates shall not exceed one square foot per dwelling unit, and provided further, that no sign identifying an occupation or business conducted on the premises shall be permitted
E
Signs located in the interior of any building or within an enclosed court or lobby of any building or group of buildings which signs are designed and located to be viewed exclusively from within the building, court or lobby
E
Window signs in all commercial and manufacturing zones, when placed within the inside of the window and not obscuring more than twenty-five percent of the total window area E
Wind signs (banners, pennants, etc.) in all commercial and manufacturing zones during a thirty-day period following the initial or grand opening of a store or business, or for a period or periods not to exceed thirty aggregate days per year for sales or promotional purposes E
Governmental or other legally required posters, notices or signs P – All Zones Real estate signs provided that:
• Only one such sign is displayed per street frontage on the property to which it refers, • No sign shall exceed three square feet in residential areas or twelve square feet in industrial and commercial areas,
• If freestanding, such sign shall not exceed six feet in overall height and shall be placed a minimum of five feet inside the property line,
• Vacant parcels containing five or more acres in area may be allowed one real estate sign for each one hundred fifty feet of street frontage. Such sign shall not exceed twenty square feet in area, nor be higher than eight feet above grade P – All Zones
The American flag, state flag, governmental flags or emblems or flags of nonprofit organizations or of the owner or tenant of the site. The height of such flags is subject to height restrictions applicable to freestanding signs
P – All Zones
One contractor’s sign on each street frontage of any construction site which will serve to identify the enterprises engaged in work on the project, or to announce intended or pro-posed future uses of the property. In the case of identification signs, a building permit shall have been issued prior to the issuance of the sign approval. In the case of signs announcing future uses, a building permit shall obtained not later than one year from the date of issuance of the sign permit. Such signs shall conform to the following conditions:
• Each enterprise or future use identified may be allowed up to twenty-four square feet of sign area, provided, that the total sign area shall not exceed one hundred twenty square feet, unless legally required to do so by government contract, • No sign shall exceed eight feet in overall height,
• No sign shall be located nearer than five feet to any property line, • Such sign may be either integral to a building or affixed to or in the ground, P – All Zones
• Such signs shall be removed at the termination of the construction and commencement of the use of the improvement, or at the expiration of the building permit whichever is sooner
Political Signs. Unless otherwise provided in this section, political signs shall be regulated solely by the provisions of this section.
• Temporary political signs may be erected on private property in any zone during the period beginning with the first date a declaration of candidacy may be filed in connection with any election or from the time a notice of intention to circulate an initiative or referendum petition is filed with the appropriate legal officer until five days following the subsequent election or, in the case of an initiative or referendum, ten days following the date upon which such petitions are deemed invalid by the proper officer,
• Such political signs are subject to the following conditions:
• No permitted political sign shall exceed sixteen square feet in sign area, • The total allowable sign area of all signs located on any single lot or parcel may not exceed sixty-four square feet, provided, that one sign with a sign area not to exceed sixteen square feet per candidate may be placed on any parcel or lot, • No political sign may be placed on any public property or public right-of-way, • The city may remove any political sign or signs not complying with this section fortyeight hours following notification to the property owner of the city’s intention to remove the sign or signs not in compliance. The city may have any political signs located in any public right-of-way immediately removed. Signs removed by the city may be claimed by the candidate, political committee or owner of the sign at any time following removal upon paying a service fee for the cost of removal as follows:
• Fifty cents for each temporary political sign, up to and including four square feet in area,
• One dollar for each temporary political sign exceeding four square feet in area, • A figure equal to the city’s costs of removal for all other political signs.
P – All Zones
Off-site signs (billboards), except as provided in Section 17.15.090 X – All Zones Roof signs X – All Zones
Signs extending above the roof line of any building X – All Zones Any sign, including the illumination thereof, which is animated or designed or operated so as to flash, scintillate, or in any way simulate motion or emit sound other than:
• Time and temperature signs (public service signs)
• Barber pole signs
• Public service reader boards
X – All Zones
Revolving signs X – All Zones
Portable signs, except as otherwise provided in these regulations X – All Zones Vehicle advertising displays other than those painted on or permanently affixed to public transportation vehicles used regularly in a business to which the sign pertains. No vehicle shall be parked in any parking area or public or private street for the purpose of displaying a sign X – All Zones
Signs, which by color, wording, design, location or illumination resemble or conflict with any traffic-control device, or which interfere with the safe and efficient flow of traffic X – All Zones
No sign in which a live animal or human being is included as a part of the advertising display shall be permitted
X – All Zones
No word, statement, or symbol of an obscene or immoral nature, or any picture, illustration or other depiction of the human body or any feature thereof in such detail as to offend the public morals or decency shall be permitted
X – All Zones
Signs, which because of location or physical characteristics are determined to be detrimental to the public health, safety or welfare
X – All Zones
Inflatable advertising devices X – All Zones
Neighborhood Identification Signs. Two nonilluminated neighborhood identification signs, each not exceeding an area of ten square feet nor a height of six feet, shall be permitted at each entry point in connection with any residential neighborhood P - Residential
Building Identification. One permanent wall sign, identifying the building, and not exceeding an area of twenty square feet, shall be permitted for each multifamily building of between three and ten units
P - Residential
Any sign advertising a home occupation X - Residential
Exterior lighted signs X - Residential
A. Freestanding Signs.
1. One freestanding sign shall be permitted for each three hundred lineal feet of street frontage or fraction thereof.
2. Sign Area. One square foot of sign area for each lineal foot of street frontage up to a maximum of one hundred square feet.
3. Sign Height. No sign shall exceed twenty feet in height which shall be measured from average grade.
4. Placement. No freestanding sign shall be placed in such a manner as to create a hazard or so as to eliminate any required parking.
5. No freestanding sign shall encroach into a public right-of-way.
P -
Commercial
and
Manufacturing
B. Wall Signs.
1. Sign Area. A sign area of one and one-half square feet for each lineal foot of building frontage shall be permitted. In the case of multiple tenancies, each occupant shall be entitled to the lineal portion of the building occupied.
2. Sign Height. No wall sign shall exceed a height of five feet.
3. Placement. The permitted sign area may be utilized on any or all building faces provided that the total permitted sign area is not exceeded and further provided that not more than two signs may be placed on any single building face.
4. Painted wall signs prohibited.
P -
Commercial
and
Manufacturing
Projecting Signs
• One projecting sign may be permitted for each building frontage in lieu of one permitted wall sign
• No projecting sign shall exceed twenty square feet in area nor project more than five feet from any wall surface. No projecting sign shall extend into a public right-of-way • No projecting sign shall be installed lower than eight feet in height measured from the ground level to the base of the sign
P -
Commercial
and
Manufacturing
Gateway Signs
• Gateway signs shall only be located on private property within two hundred lineal feet of the following locations: the intersections of the centerlines of Garvey Avenue and Rosemead Boulevard; Rosemead Boulevard and Rush Street; Santa Anita Avenue and Merced Avenue; Peck Road and Michael Hunt Drive; Durfee Avenue and Rush Street.
P -
Commercial
and
Manufacturing
• Only one gateway sign shall be permitted at each of the specified locations. • The height, area, design and placement of each gateway sign shall be determined by the planning commission and design review board. Where such signs are to be located in a business improvement district, the signs shall also be subject to review and approval by the district board.
Automobile Service Station Signs
• Freestanding Signs. Notwithstanding the provisions of subsections (A)(1) and (A)(2) of this section, the following freestanding sign(s) may be permitted for each automobile service station, regardless of the amount of the street frontage:
• One freestanding single or double face, interior illuminated single pole sign with an area not to exceed one hundred square feet per sign face • One freestanding single or double face, interior illuminated single pole sign with an area not to exceed fifty square feet per sign face and one freestanding single or double face, interior illuminated or nonilluminated monument type advertising sign not to exceed six feet in height measured from the finished grade, with an area not to exceed fifty square feet per sign face. • Wall Signs. Notwithstanding the provisions of subsection (B)(1) of this section, wall signs, not to exceed one hundred square feet in total shall be permitted for each automobile service station, regardless of building frontage. Such wall signs may be used on service station exterior walls, service station canopies, service bays and car wash facilities. When the service station also contains an additional retail commercial activity as per-mitted pursuant to Section 17.11.010(A), a total of one hundred fifty square feet of wall sign may be permitted
• Architectural Review. Signs permitted by these regulations are subject to the approval of the architectural review board
P -
Commercial
and
Manufacturing
Flags and Banners
• Flags used to attract the attention of potential customers shall be limited to businesses engaged in the outdoor sale of motor vehicles and watercraft. Flags shall be displayed only after the city of South El Monte community development department has issued a permit.
• Flags may only be displayed on the property where the motor vehicles or watercraft are displayed for sale.
• Each flag shall be no larger than one hundred forty-four square inches in size, but individual flags may be joined together with other flags to form a continuous string of flags.
• Each flag or string of flags shall be secured in such a manner to prevent it from moving about in a manor hazardous to persons or property. • Flags shall not be displayed over public rights-of-way nor attached to anything in the public right-of-way.
• Flags shall not be allowed to become faded, worn or tattered and shall be removed or replaced promptly when such conditions occur. • Banners may be used out of doors by commercial and industrial businesses, schools and churches to advertise special events and limited-time offers only. Banners shall not be placed or displayed in any location within a building that makes the banner conspicuous to persons outside of the building.
P -
Commercial
and
Manufacturing
• Commercial and industrial advertising banners.
Each business may only display one banner at any one time, except that businesses located on a corner lot or a through lot may have one banner for each street frontage. Banners shall be displayed only after the city of South El Monte community development department has issued a permit.
Banners may only be displayed on the property where the goods and/or services are available to the consumer.
Each banner shall be no larger than thirty square feet in size and may not obstruct the visibility of any other sign or business.
Advertising of each special event or limited-time offer by banner(s) shall not exceed thirty days for each event or offer.
Advertising by banners shall be limited to an aggregate of one hundred twenty days per year per business location.
• School, church, local charities and youth group banners. Each facility or group may only display one banner at any one time, except that schools or churches located on a corner lot or a through lot may have one banner for each street frontage.
Banners may only be displayed on the property where the special event is to occur, except that school, church, local charities and youth group banners may also be displayed, with permission, on the city-owned poles.
Banners dis-played on city-owned poles must be the standard size necessary to fit the pole spacing.
When displayed on the subject property, each banner shall be no larger than thirty square feet in size and may not obstruct the visibility of any other sign or business.
Signs advertising business, products or services not offered on the site (off-site signs). X - Commercial
and
Manufacturing
Signage permitted within the public facilities zone shall be determined by the planning commission on a case-by-case basis.
P – Public
Facilities
Commercial advertising except as it relates to publicly or privately owned public utility facilities
X – Public
Facilities
Off-site signs unless a conditional use permit has been granted permitting such use pursuant to the provisions set forth in Section 17.03.060. The provisions of subsection 17.15.090-C of this section shall be applicable to any off-site sign authorized by this section.
X - Residential
Off-site signs unless a conditional use permit has been granted permitting such use pursuant to the provisions set forth in Section 17.03.060. The provisions of subsection 17.15.090-C of this section shall be applicable to any off-site sign authorized by this section.
X –
Commercial
and
Manufacturing
E: Exemption from approval and permit requirements: The director of planning or designee is hereby authorized to revoke any permit upon failure of the holder thereof to comply with any provisions of these regulations or of the sign permit.
P – All Zones: Signs permitted in all zones, if nonilluminated.
P - Residential: Signs permitted in all residential zones (R-1, R-2 and R-3) P – Commercial and Manufacturing: Signs permitted in the commercial and manufacturing zones (C, C-M and M zones) P – Public Facilities: Signs permitted in the Public Facilities Zone
X – All Zones: Prohibited signs in all zones.
X – Residential: Signs prohibited in all residential zones (R-1, R-2 and R-3) X – Commercial and Manufacturing: Signs permitted in the commercial and manufacturing zones (C, C-M and M zones) X – Public Facilities: Signs prohibited in the Public Facilities Zone
17.15.080 Nonconforming signs.
Every sign or adver�sing structure or adver�sing device which does not comply with the provisions of these regula�ons, or any amendments thereto, but which was legally exis�ng at the effec�ve date of the regula�ons codified in this sec�on shall be nonconforming.
A. A nonconforming sign, sign structure, or device shall not be:
1. Changed to another nonconforming sign;
2. Structurally altered so as to extend its useful life;
3. Expanded or enlarged;
4. Reestablished a�er discon�nuance of one hundred twenty days or more; or
5. Reestablished a�er damage or destruc�on exceeding fi�y percent of its replacement value.
B. A sign which was not legally exis�ng on the date of adop�on of the regula�ons codified in this sec�on shall be removed or made to conform with these regula�ons within thirty days of their effec�ve date.
C. On-Site Adver�sing Displays. All nonconforming adver�sing devices or sign structures in existence on the effec�ve date of the regula�ons codified in this sec�on shall be altered or removed so as to conform with �me periods from the date such sign became nonconforming:
1. Less than one hundred dollars valua�on, ninety days;
2. One hundred dollars to nine hundred ninety-nine dollars valua�on, one hundred eighty days;
3. One thousand dollars to four thousand nine hundred ninety-nine dollars valua�on, one year;
4. Over five thousand dollars valua�on, three years.
D. Valua�on refers to the construc�on cost entered into the records of the building division at the �me the permit for the adver�sing display was issued. In the event such cost figures are not available or do not fairly represent the true value of the replacement costs, the valua�on shall be based upon a reasonable cost es�mate established by the building official.
E. Off-Site Adver�sing Displays. All off-site signs in existence on the effec�ve date of the regula�ons codified in this sec�on shall be altered to conform with the provisions of these regula�ons or may be removed in accordance with the provisions of state law. (Ord. 963 §37, 1995; Ord. 909 §1, 1992; Ord. 822 §1, 1989)
17.15.090 Regula�on of off-site signs.
A. No applica�on for a condi�onal use permit shall be processed and no permit shall be issued for the installa�on of any off-site sign pursuant to this sec�on unless the applicant:
1. Is replacing an exis�ng off-site sign with a new off-site sign to be located within the same general loca�on as the exis�ng off-site sign to be removed, as determined by the director of community development; or
2. Agrees, as a condi�on of approval for a new off-site sign to remove or cause to be removed a sufficient number of exis�ng off-site signs to cause a net reduc�on of off-site signs within the city. A list of signs to be removed shall accompany the applica�on. Actual removal of the off-site signs shall precede the installa�on of any new off-site sign(s).
3. Is proposing the sign on property owned and u�lized by the City of South El Monte for municipal purposes.
B. In addi�on to the criteria set forth in Sec�on 17.03.060, the following factors shall be considered in connec�on with the review of a condi�onal use permit for an off-site sign:
1. Whether the proposed off-site sign would be compa�ble with the area and neighboring uses, exis�ng or an�cipated;
2. Whether the off-site sign would create or cause any of the following:
a. An adverse traffic impact or a traffic safety hazard, b. An accumula�on of garbage or trash,
c. Interference with neighboring proper�es or uses;
3. Whether the off-site sign can be located or situated in such a manner that:
a. Ligh�ng can either be eliminated, mi�gated or reduced so as to not adversely affect neighboring proper�es or uses,
b. The impact on neighboring proper�es or uses does not exceed acceptable levels.
C. No off-site sign shall be approved unless it complies with the following design criteria:
1. Double-faced and “vee” signs shall be permited provided that no vee sign with an angle greater than forty-five degrees shall be permited, unless a variance is approved for the increased angle.
2. No off-site sign shall exceed twenty-five feet in height measured from ground level to the base of the sign, unless a variance is approved for the increase in height.
3. No off-site sign shall exceed six hundred seventy-two square feet in area, except for temporary cut-outs or extensions.
4. No off-site sign shall be located within five hundred linear feet of any other off-site sign located on the same side of any public or private street or thoroughfare.
5. All ligh�ng employed on an off-site sign shall be designed so as to eliminate any intrusive glare on public rights-of-way or on neighboring proper�es.
D. Any provision(s), requirement(s) or restric�on(s) of this sec�on shall not apply to any off-site sign when said provision(s), requirement(s) or restric�on(s) is/are superseded by any other applicable law, court order or li�gated setlement. (Ord. 1167 §1, 2012; Ord. 1028 §1, 2001; Ord. 987 §1, 1997; Ord. 905 §1, 1992)
17.15.100 Modifica�on of standards.
Any modifica�on of the standards contained in these regula�ons shall be subject to the provisions of Sec�on 17.03.180. (Ord. 822 §1, 1989)
17.15.110 Appeals.
A. Any decision of the director of planning and community development may be appealed, at no cost, to the planning commission. Such appeal must be presented in wri�ng to the director of planning and community development and must indicate why the appellant feels the decision of the director was incorrect or must provide extenua�ng circumstances which the appellant feels would jus�fy reversal or modifica�on of the director’s decision.
B. Any appeal from a decision of the planning commission must be presented in accordance with the provisions of Sec�on 17.03.130. (Ord. 822 §1, 1989
Chapter 17.16
OFF-STREET PARKING AND LOADING
Sections
17.16.010 General provisions.
17.16.020 Parking requirements.
17.16.030 Development standards.
17.16.040 Remote parking.
17.16.050 Loading facilities and truck maneuvering.
17.16.060 Parking and loading facilities—Nonconforming.
17.16.070 Maintenance of parking.
17.16.010 Purpose and applicability.
A. Off-street vehicle parking spaces shall be provided at the �me of the use of the land, or at the �me of the erec�on of the building or use of the land or building or structure is altered, enlarged converted or increased in capacity by the addi�on of uses, floor area, dwelling units guest rooms, beds or seats; provided, however, that addi�onal parking spaces shall not be required at the �me of the erec�on of an addi�on to a single-family residence if the director of community development shall find all of the following:
1. The proposed addi�on is otherwise in conformity with the provisions of the zoning regula�ons;
2. The provision of addi�onal off-street parking of the lot is impossible or imprac�cal because of the size or configura�on of the lot and improvement; and
3. The public safety and welfare will not be unreasonably jeopardized by waiving the requirements of addi�onal off-street parking.
B. All off-street parking spaces and areas required by these regula�ons, or otherwise provided, shall comply with all of the condi�ons, improvements and landscaping requirements set forth in these regula�ons, and shall be maintained as much as such therea�er in a reasonable and acceptable manner or condi�on.
C. All vehicle parking spaces and areas required or otherwise provided shall comply with the following condi�ons:
1. The number of spaces shall be determined by the amount of use of land, dwelling units, floor area guest rooms, beds, or seats provided, and such parking spaces and areas shall be maintained therea�er without reduc�on in the number of spaces required in connec�on with such buildings, structures and uses of land.
2. Each parking space shall be developed in accordance with standards established by writen resolu�ons of the planning commission and Sec�on 17.16.030.
3. Adequate driveways and aisles shall be provided as set forth in these regula�ons and in any standards adopted by the planning commission.
4. All vehicle parking spaces shall be on the same lot with the land use, building or structure except as otherwise provided in Sec�on 17.16.040.
5. Any carport or private garage which fronts upon a private street shall be located so as to provide for a minimum automobile ingress or egress of not less than twenty feet between the property line and the entrance to the garage or carport.
6. No vehicle parking spaces shall occupy or be designed in a required front yard, or in a side yard on a side street, except as specifically provided in these regula�ons or in the zone district regula�ons for the zone in which the property is located.
7. No parking spaces or areas shall be so designed as to require vehicles to back into a street except for single-family or duplex buildings.
8. No more than twenty feet of the width of the front yard in residen�al zones may be used or improved by paving or otherwise vehicle access. This area may be increased to a maximum of thirty feet if three covered spaces are provided in a single structure.
D. In all zones, parking plans for off-street parking facili�es shall be submited for approval to the planning division prior to the issuance of building permits or cer�ficates of occupancy. All plans shall clearly indicate the proposed development, including parking loca�on, size, design, ligh�ng, landscaping, curb cuts, ingress and egress.
E. Parking shall be based upon gross floor area, except for office buildings in excess of one story, the parking ra�o shall be based on net floor area, which is gross floor area minus elevator sha�s, stairwells, open courtyards and balconies. Frac�onal spaces may be rounded to the nearest whole parking space.
F. Whenever a nonresiden�al structure is enlarged or increased in capacity, or when a change in use creates an increase in the amount of off-street parking or loading area required, addi�onal spaces shall be provided. Furthermore, for all exis�ng uses or structures, including residen�al, herea�er expanded by fi�y percent or more of the exis�ng gross floor area, the required off-street parking for the en�re property or development shall conform to the most current parking standards.
G. All required parking spaces shall be used exclusively for operable, currently licensed motor vehicles of tenants, occupants, or visitors of the property.
H. No parking area shall be counted as both a required parking stall and a loading space.
I. Requirements for uses not specifically listed herein shall be determined by the community development director, based upon the requirements for comparable uses and upon par�cular characteris�cs of the use. Addi�onal parking over and above that required herein may be required upon determina�on of the planning commission that the specific type of business or user generates a greater demand for more parking than the requirement herein.
J. No tandem parking shall be allowed within private residen�al areas anywhere in the city, it would adversely impact the aesthe�c appeal and character of the city.
Figure 17.16.010-A Standards Spaces
Figure 17.16.010-B Handicapped Spaces
(Ord. 1120 §2, 2008; Ord. 822 §1, 1989)
17.16.020 Parking requirements.
Required vehicle parking shall be provided in accordance with the following schedule. Except that in cases of development for which no specific parking requirements have been established, the planning commission shall establish and approve parking requirements.
Table 17.16.020-A Parking Requirements
Land Use Required Parking
Residen�al:
Single-family dwelling 2 standard spaces within a garage.
Duplex (two-family) or triplex
(three-family) dwelling
2 standard spaces per dwelling unit within a garage.
Mul�ple dwelling 2 standard spaces per dwelling unit with a garage, plus 1 guest parking for every 4 units.
Mobile home park 2 standard spaces for each mobile home site or space. The parking may be tandem. 1 addi�onal space per each 5 mobile home sites or spaces shall be provided for guests.
Senior housing and very
low/low income
0.5 spaces per unit.
Land Use Required Parking
Commercial:
General retail or services 1 space for each 300 square feet of gross floor area. Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
General professional offices 1 space for each 300 square feet of gross floor area. Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Restaurants, cafés and similar
establishments dispensing
food and beverages (including
drive-ins, drive-through and
take out establishments with
designated sea�ng areas)
1 space for each 4 fixed seats or for each 4 persons of occupant load in the dining area. There shall also be provided addi�onal 10% of the required parking with parking to be designated for use by employees.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Drive-in, drive-through and
take out business with no
designated interior or
exterior sea�ng areas
(including automobile service
sta�ons)
1 space for each 250 feet of gross floor area provided, a minimum of 5 spaces shall be provided. Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Hotels, motels,
boardinghouses, clubs, and
lodges
1 space for each guest room, suite or dwelling unit, and 2 spaces for any dwelling unit used by a residen�al manager. Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Assemblies such as theaters,
auditoriums, arenas,
stadiums and similar places of
assembly including churches
and private schools
1 space for each 3 permanent seats, or if movable or temporary seats are used, 1 space for each 3 persons of occupant load.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Industrial:
General manufacturing 1 space for each 750 square feet of gross floor area up to 10,000 square feet and 1 for each 750 square feet of gross floor area over 10,000 square feet plus 1 loading area for each 5,000 square feet of gross floor area.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Land Use Required Parking
Research and scien�fic
manufacturing
1 space per 750 square feet of gross floor area plus 1 space for each vehicle owned or leased by any occupant and operated from the site.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Warehousing 1 space per 1,000 square feet of gross floor area plus 1 space for each vehicle owned or leased by any occupant and operated from the site.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Office 1 space for each 300 square feet of gross floor area.
Handicapped parking spaces shall be provided in accordance with Title 24 of the California Building Code.
Self-storage Parking shall be provided along 30-foot wide parking/driving lanes adjacent to the storage buildings and a minimum of 10 spaces adjacent to the leasing office.
Vehicle-related use:
Auto repair 1 space per 300 square feet of gross floor area.
Auto sales/leasing 1 space per 750 square feet of lot size plus one space per 2,500 square feet of outdoor display and storage area.
RVs and related 1 space per 750 square feet of gross floor area plus one space per 2,500 square feet of outdoor display and storage area.
(Ord. 1120 §3, 2008; Ord. 822 §1, 1989)
17.16.030 Development standards.
A. Paving. All parking spaces, maneuvering, turnaround areas, and any driveways shall be paved with asphalt or concrete to city standards.
B. Marking of Parking Spaces. All parking spaces, except those within private garages or carport, shall be marked with dis�nguishable materials. Handicapped spaces shall be clearly iden�fied to preclude their use by unauthorized vehicles.
C. Bumper Guards or Wheel Stops. Bumper guards or wheel stops shall be provided as necessary to protect any buildings, structures, landscaping or other vehicles.
D. Illumina�on. All parking areas must be illuminated; lights shall be arranged so that there is no direct reflec�on of light toward any adjoining premises, public street, private street or alley.
E. Parking Area. Any parking area, other than that used for single-family or two-family dwellings (duplex), shall be separated from any adjoining residen�al zone, church, school, or park by a masonry wall six feet in height, except within a required front setback or front yard on the site of adjoining property, in which case the solid wall shall not exceed forty-two inches in height, 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 community development.
F. Driveways and Aisles. The minimum driveway and aisle widths necessary for adequate ingress and egress shall be provided and maintained free and clear of all obstruc�on as follows:
1. Minimum one-way driveway widths:
a. Single-family or duplex dwellings, ten feet,
b. Mul�ple dwellings, twelve feet,
c. All other uses, ten feet;
2. Driveways affording ingress and egress to a parking area with twenty or more spaces shall be designed for one-way circula�on or a double driveway system;
3. Aisle widths for parking areas shall be in accordance with parking standards adopted by the planning commission.
G. Landscaping. All parking areas required, or otherwise provided, except for residen�al zones, shall be landscaped as follows:
1. A minimum planter strip, as required by regula�ons of the zone district in which site is located, shall be provided on peripheral sides bounded by a public or private street, except for those areas devoted to crosswalks and traversing driveways.
2. A minimum of five percent of the total parking area must be landscaped; provided, however, that any such plan�ng beds shall have a minimum width of three feet and a minimum area of twenty square feet. These beds shall be drawn to scale and indicated on the plot plan.
3. Any unused space resul�ng from the design of parking may be used for plan�ng purposes; provided, however, that any such plan�ng beds shall have a minimum width of three feet and a minimum area of twenty square feet. These beds shall be drawn to scale and indicated on the plot plan.
4. In complying with the five percent landscaping requirements, the landscaping shall be distributed throughout the parking area as evenly as possible. When parking areas are not visible from the public right-of-way, the director of community development shall have the op�on of incorpora�ng the required parking area landscaping into other areas of the site including, but not limited to, the landscape front setback.
5. Planter curbing shall be used for landscaping containment. The height of such curbing shall be not less than six inches of concrete or eight inches in masonry.
6. All landscaping areas shall contain an accepted irriga�on system (sprinklers, bubblers, or diffuser heads) or hose bibs located within fi�y feet of all parts of a planted area, and the system shall be shown on the plot plan or on a separate drawing. (Ord. 1120 §4, 2008; Ord. 822 §1, 1989) H. Residen�al Parking. The minimum required dimensions of a parking space shall be as follows.
1. Parking space:
a. Ten feet (10ʹ) wide by twenty feet (20ʹ) in depth
2. Two car garage:
a. Minimum interior measurement of twenty feet (20ʹ) in width and twenty feet (20ʹ) in depth.
17.16.040 Remote parking.
Remote parking (parking located on a site other than that on which the use is located) may be u�lized for mul�ple dwellings and commercial and industrial facili�es under the following condi�ons:
A. That the lot or parcel to be u�lized for remote parking adjoins the lot or parcel it is to serve; or
B. That the lot or parcel to be u�lized for remote parking is separated only by an alley from the lot or parcel it is to serve; and in both cases;
C. The lot or parcel u�lized for remote parking is in the same ownership as the parcel being served or is held in a long-term (twenty-year) recorded lease providing that the owners or lessees and their heirs, assigns or successors in the interest shall maintain the parking facili�es so long as the building or use they are intended to serve be maintained. The covenant shall be prepared for the benefit of and in a form acceptable to the city, shall be recorded with the county recorder of Los Angeles County, and shall provided that the covenant may not be revoked, cancelled or modified without the writen consent of the city;
D. That the lot or parcel is located not more than one hundred fi�y feet from the lot or parcel to be served, the requirement for a covenant running with the land as shown in subsec�on C of this sec�on shall apply. (Ord. 1120 §5, 2008; Ord. 822 §1, 1989)
17.16.050 Loading facili�es and truck maneuvering.
A. All loading docks or loading doors facing upon a public or private street shall be located in such a manner that all truck maneuvering shall take place on the site whenever possible.
B. All drive approaches shall be designed so as to preclude direct access to a loading dock or loading door from the street whenever possible.
C. All areas used for parking, maneuvering, or vehicle storage shall be paved with asphalt or concrete to city standards.
D. For every commercial or industrial building erected or established on a lot which abuts an alley, there shall be provided and maintained a twenty-five-foot by ten-foot by fourteen-foot high loading space for each two thousand square feet of gross floor area. Each loading space shall be clearly marked and iden�fied and shall be kept clear and unobstructed at all �mes. (Ord. 822 §1, 1989)
17.16.060 Parking and loading facili�es—Nonconforming.
Any use of property which, on the effec�ve date of this sec�on is nonconforming only as to the regula�ons in this chapter regula�ng off-street parking and loading facili�es may be con�nued as if the off-street parking and loading facili�es were conforming, provided that:
A. There shall be no further reduc�on of off-street parking and loading facili�es that do not exist on the property as of the effec�ve date of this sec�on; and
B. The property complies with any applicable regula�ons requiring handicapped parking. (Ord. 937 §1, 1993)
17.16.070 Maintenance of parking.
A. Any parking spaces or loading zones that were required when the building was originally constructed or subsequently expanded shall be con�nually maintained.
B. All parking areas shall be permanently maintained in a safe and clean condi�on free of physical obstruc�ons and in good condi�on. All areas, including landscaping, shall be kept free of trash and weeds. Landscaped planters shall be permanently maintained with healthy nursery stock. Any altera�on, enlargement, maintenance or repairs shall be subject to the provisions of this chapter.
C. Any restriping or other changes made to a parking lot shall be reviewed and approved by the planning division prior to such work being commenced. (Ord. 1120 §6, 2008)
City Council Agenda Report
Agenda Item No. 7.d.
DATE: April 23, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 24-150, AUTHORIZING THE PURCHASE OF TWO (2)
TRANSPORTATION VEHICLES FROM AZ BUS SALES INC.
SUMMARY: The City of South El Monte was awarded a grant from the Federal Transit Administrative (“FTA”) Section 5310 Program – Enhanced Mobility of Seniors and Individuals with Disabilities Program. The FTA Section 5310 program aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation services and expanding transportation mobility options. Funds were allocated in the FTA grant to purchase two (2) aging transportation vehicles.
RECOMMENDED ACTION: Staff recommends City Council:
1. Approve Resolution No. 24-150, approving the purchase of two (2) Nor Cal Ford 2024 Van-Driver Class Z-1-E Transit 350 vehicles from AZ Bus Sales; and
2. Authorize City Manager to negotiate and execute all requisite documents for the purchase.
FISCAL/FINANCIAL IMPACT: The City relied on the California Association for Coordinated Transportation/Morongo Basin Transit Authority's (CalACT/MBTA) existing purchasing cooperative to secure competitive pricing for the vehicle. The participation in the purchasing cooperative maximizes cost efficiencies. The total cost for the two (2) Nor Cal Ford 2024 Van-Driver Z-1-E Transit 350 vehicles are $205,593.19, of which $184,993.87 is included in the Funding Agreement for Section 5310 Enhanced Mobility of Senior and Individuals with Disabilities Program between the City and Los Angeles County Metropolitan Transportation Authority. The remaining balance of $20,599.32 will be funded by the City's Prop A Fund as budgeted within FY 2024-2025. The vehicle is 100% funded by non-General Fund monies.
DISCUSSION: The Senior Services Division operates a comprehensive Dial-A-Ride transportation program that provides curb-to-curb, demand-response transportation service for individuals 60 or older, as well as to legally disabled residents of any age.
Passengers are transported to any destination within the City limits, and up a 15-mile radius outside of city limits for medical appointments only. Other services include transportation of youth who participate in the City’s sponsored after-school and seasonal camp programs. On a limited basis, bus services are provided for youth and senior excursions, and for special events that are sponsored by the City.
As part of the City’s vehicle maintenance program, staff identified two (2) 2015 Ford Starcraft transportation vehicles that have reached the end of their useful service life (per FTA evaluation criteria) of five (5) years and/or 150,000 miles. The transportation division is experiencing a high demand for costly repairs due to the age and mileage of the two vehicles. To maintain an adequate operational fleet and to maximize cost efficiencies, staff secured an Assignment to Purchase Agreement from CalACT/MBTA that provides the City the option to purchase Transit Vehicles from the Joint Procurement Cooperative at a price and under the terms and conditions contained in Assignor’s Contract No. 20- 01-1001 with the Contractors (AZ Bus Sales) awarded to on the Procurement.
Staff followed the FTA evaluation criteria above to select the Nor Cal Ford 2024 VanDriver Class Z-1- E Transit 350 "(Ford E-Transit Van)". The Ford E-Transit Van is a new fully electric vehicle designed to meet the needs of ambulatory and wheelchair-assisted passengers while reducing the cost of operations, increasing the efficiency of operations, and reducing CO2 emissions. It can be connected to a level 2 or 3 fast charging station capable of up to 115 kW and a driving range averaging 126 miles per charge. It has a maximum seating capacity of six (6) passengers, with a combination of five (5) ambulatory passengers and one (1) wheelchair passengers. The Ford E-Transit Van is equipped with a side mounted wheelchair lift with a 1,000 lb. capacity. It also provides comforts to accommodate everyday traveling, such as heating and air conditioning, LED overhead lighting, SmartFloor flexible flooring, and cushioned seats. Staff reviewed several van options and selected the Ford E-Transit Van to be fair and reasonable within a competitive market environment as required by the FTA.
ATTACHMENT(S):
A. Resolution No. 24-150
B. Letter of Assignment 20-01
C. Vehicle Specifications 20-01 E-Transit
D. (SEM) AZ Bus Sales Agreement for Two Vans(976835.1) (002) E. (Ex. A to Agreement) S el Monte (2) 2024 Ford eTransits with ADA Lift - Extra Range w Requested Verbiage Added (002)
F. (Ex. B to Agreement) G. 7 Warranty Ford
ATTACHMENT A
01257.0006/976800.1
RESOLUTION NO. 24-150
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AUTHORIZING THE PURCHASE OF TWO TRANSPORTATION VEHICLES FROM AZ BUS SALES INC.
WHEREAS, Section 3.16.060 of the South El Monte Municipal Code authorizes the city manager to purchase supplies, equipment and services, following the bid procedures from a vendor awarded a bid by another public agency if the agency utilized procedures substantially the same as those normally utilized by the City; and
WHEREAS, the California Association for Coordinated Transportation (CALACT), is a cooperative purchasing organization. A review of the CALACT procedures revealed compliance with the City’s Purchasing Ordinance and Purchasing Manual; and WHEREAS, the City received an estimate for potential vehicles purchased as detailed and identified in the staff report and related attachments. The vehicles are described as Nor Cal Ford 2024 Vans-Driver Class Z-1- E transit 350; and
WHEREAS, utilizing CALACT for the purchase of these vehicles, the City saved approximately $11,212.50 off of the retail price.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES AS FOLLOWS:
SECTION 1: The City Council authorizes and directs the City Manager to take all actions necessary to effectuate and execute the agreement, subject to approval by the City Attorney as to form, with AZ Bus Sales Inc. for the purchase of two of Nor Cal Ford 2024 Vans-Driver Class Z-1- E transit 350 in the amount of $205,593.19.
SECTION 2: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. _________________________
Gloria Olmos, Mayor
ATTEST:
___________________________________
Donna G. Schwartz, City Clerk
ATTACHMENT A
01257.0006/976800.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution being Resolution No. 24-150, was adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 23rd day of April 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Donna G. Schwartz, City Clerk
ATTACHMENT A
01257.0006/976800.1
4632 Duckhorn Drive • Sacramento, CA 95834 • Phone (916) 920-8018 • Fax (916) 920-8021 3/21/2024
Wendy Cayco
1556 Central Avenue
South El Monte, CA 91733
Dear Wendy:
The CALACT-MBTA Purchasing Cooperative is pleased to make an assignment as detailed in the Assignment to Purchase Agreement.
Additional information is available on the CALACT website at www.calact.org/purchasingco-op that documents the procurement process used by the Cooperative to solicit and award Contract No. 20-01. Prior to acceptance of the vehicles you order, a Post-Delivery Audit must be conducted by your agency if you are using Federal Transit Administration funding to purchase the vehicle.
Thank you for purchasing your vehicles through the Cooperative. Please don't hesitate to contact me if you have any questions at 916-920-8018 or email [email protected].
Sincerely,
Daniel Mundy
Deputy Executive Director
CALACT
ATTACHMENT B
Assignment to Purchase Agreement
Assignment #20-01-1001
The CALACT-MBTA Purchasing Cooperative, “Assignor”, hereby assigns to South El Monte, City of, “Assignee”, 2 options to purchase Transit Vehicles (“Vehicles”) from the Joint Procurement Cooperative at a price and under the terms and conditions contained in Assignor’s Contract No 20-01 with the Contractors awarded to on the Procurement. Only those vehicles and optional features may be purchased using the Solicitation and the purchase may only be from a Seller listed on the Schedule. Specifically, the Assignment shall have the right to purchase:
Quantity and Type of Vehicle(s):
(2) Nor Cal Van-Driverge Class Z-1-E Transit
Total # of Vehicles: 2
Such ability to purchase commenced, per terms of Contract, on 3/21/2024, and may be exercised at any time on or before 9/8/2024. Assignee must communicate any changes in the order in particular cancellation to the Cooperative as soon as possible.
With respect to the Vehicles assigned hereunder and this Assignment, Assignee agrees to perform all covenants, conditions and obligations required of Assignor under said Contract and agrees to defend, indemnify and hold Assignor harmless from any liability or obligation under said Contract. Assignee further agrees to hold Assignor harmless from any deficiency or defect in the legality or enforcement of the terms of said Contract or option to purchase thereunder. Assignee agrees and understands that Assignor is not acting as a broker or agent in this transaction and is not representing Seller or Assignee, but rather is acting as a principal in assigning its interest in the above-referenced assignment to purchase the Vehicles under the Contract to Assignee.
Please be advised that assignment of said vehicles does not constitute a recommendation or endorsement of this product by the Cooperative. The Assignee is responsible for its choice of vehicle product and options selected. Assignee is responsible for vehicle inspection, acceptance and enforcement of any contract provisions. While PreAward verifications of Buy America, FMVSS and Purchaser’s Requirements have been accomplished, Assignee is responsible for Post Award due diligence in this regard.
Purchasing agencies are responsible for and are to exercise due diligence in evaluating the suitability of these vehicles for their operating environment and are responsible for determining their eligibility for funding. In particular, the Cooperative urges you to review the Altoona test report for the vehicle you are purchasing.
Supporting documents for your records may be downloaded from our website at www.calact.org for any reviews or audits your agency will be subject to. Please contact CALACT staff for any assistance you may need at 916-920-8018.
Assignee hereby unconditionally releases and covenants not to sue Assignor upon any claims, liabilities, damages, obligations or judgments whatsoever, in law or in equity, whether known or unknown, or claimed, which they or either of them have or claim to have or which they or either of them may have or claim to have in the future against Assignor, with respect to the Vehicles or any rights whatsoever assigned hereunder.
Daniel Mundy
Deputy Executive Director
CALACT
"Assignor"
ATTACHMENT C
Technical Specification Provisions 1
VEHICLE SPECIFICATIONS
ACCESIBLE PARATRANSIT VEHICLES
CLASS Z-1 (E) BATTERY ELECTRIC VAN
OEM (E-Transit or equal)
Basin Transit (MBTA)
Lead Agency for the
California Association for Coordinated Transportation
Vehicle Purchasing Cooperative
REV 19
March 2023
ATTACHMENT C
Technical Specification Provisions 2
SPECIFICATIONS FOR MODIFIED SHUTTLE VAN
1.0 SCOPE
1.1 The intent of this specification is to describe transit-style shuttle accessible vans to be converted by the modifier from an OEM electrified complete van.
The base bid vehicle/s shall be per the below table listed under 2.2, and shall meet the capacity requirements within the table. The van shall come from OEM manufacturer with medium roof, OEM interior, standard internal combustion engine replaced by electric powertrain. High roof version to be proposed as an option. Minimum GVWR is to be 9500 lbs. The vehicle to be offered will be in the 4-year 100,000 mile class for the purpose of Altoona test compliance.
2.0 APPLICABLE STANDARDS, LAW AND REGULATIONS
2.1 The following standards, law and regulations of the issue in effect on the date of the Invitation for Bid form a part of this specification to the extent specified herein. The van is required to meet all regulations, standards and laws including revisions, at time of van acceptance and through the term of the contract.
• Federal Motor Vehicle Safety Standards (FMVSS).
• Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles, 49 CFR, Part 38, Subpart B-Buses, Vans and Systems. • Code of Federal Regulations Title 49, Chapter V-National Safety Bureau, Part 38 Subpart B, Part 567, 568, 571 and 665
• California Vehicle Code and CCR Title 13 regulations as applicable to transit vehicles • California Health and Safety Code
• California Air Resources Board and Environmental Protection Agency Standards and Guidelines
• OEM Body Builders Standards and Guidelines
• National Fire Protection Agency Regulations 52
• Society of Automotive Engineers (SAE) and International Standards Organization (ISO) • The proposed vehicle must be altered by an OEM Qualified Vehicle Modifier, if such a program is applicable.
• Altoona testing: Proposer to supply evidence of Altoona compliance, if the vehicle is not proposed as a 4-year vehicle and therefore under the exception for OEM unmodified chassis rather than a completed test. If it is offered as a 4 year vehicle, please include correspondence clarifying this is the case.
ATTACHMENT C
Technical Specification Provisions 3
2.2 VEHICLE CLASS Z-1
(Ford E-Transit or
Equal)
SPECIFICATIONS
Number of Wheelchair
Positions
1 Minimum Seat Positions-Side
Lift
3 plus Driver and
Copilot
(5 optional)
Single or Dual Rear Wheels Single
Minimum OEM Gross Vehicle
Weight rating in lbs.
9500
Wheel Base (Inches) 148”
Interior Headroom Height 67” Min. Bid “Mid
Roof” Option standard
Side Lift - OEM Doors
30” door clearance
13” aisle clearance
See Additional Capacities on
Pricing Sheet
The configurations requested for this class are shown on the Price Worksheet. Please submit floorplans as described.
3.0 DIMENSIONS
3.1 Bidder shall include engineering weight calculations for the bid, with a full passenger load including all fluids and equipment needed. A certified weight certificate showing the “as built” weight of the vehicle shall be provided with each vehicle at the time of delivery. The vehicle shall be weighed with all equipment installed. The weight certificate shall be included with the van and available for review at time of inspection.
ATTACHMENT C
Technical Specification Provisions 4
4.0 Additional Equipment
The following shall be furnished and installed in each unit. The mounting of any of the following items shall not interfere with passenger entry or exit:
a) A fire extinguisher appropriately sourced for EV shuttle application shall conveniently mounted. The fire extinguisher is to be inspected and certified by a California inspector authorized to do so by the State Fire Marshall at time of delivery.
b) A minimum 16-unit First Aid Kit meeting the requirements of Title 13, California Code of Regulations (13 CCR) Section 1243 mounted per buyer’s instructions c) Three bi-directional emergency reflective triangles that conform to the requirements of FMVSS No. 125.
5.0 Floor
Van upfitter will install a modular aluminum flooring system above the OEM subfloor that will accommodate required seating and reinforcement as necessary and shall be accomplished in compliance with the Ford and modular aluminum flooring system guidelines per their body builders layout book.
The modular aluminum flooring system floor surface shall be covered with wall-to wall, slipresistant, minimum 2.2-millimeter Altro Transflor Meta or approved equal color to be specified by buyer from Altro standard stock selection. The flooring shall be securely bonded to the subfloor with an adhesive backed by a van manufacturer’s warranty of no less than five years for installation and adhesion unless modular aluminum flooring system adhesive is used. All edges shall be sealed and all seams heat welded to prevent water penetration. The floor shall be installed according to manufacturer's directions, using proper tools, accessories, and adhesives.
Modular aluminum flooring system shall be installed for mounting the seats as specified in Section 8.0 and shall be technically described in the proposal to be approved by Basin Transit. Pull testing documents for any of these modular aluminum flooring systems shall be submitted with the proposal.
6.0 Mirrors
Exterior mirrors shall be remote, electrically adjustable both directions and not less than 6”X9” with split bottom convex wide spot mirror.
7.0 Operator and Front Passenger Seat
Shall be OEM seats.
8.0 Passenger Seats
ATTACHMENT C
Technical Specification Provisions 5
Vehicle shall have Freedman 3PT or GO-ES 3PT Mid Hi Back seats or approved equal. Seats to be equipped with longest available retractable belts. All forward facing seats to be installed with a minimum hip to knee dimension of 25”. Minimum aisle width is 11” in the passenger area.
Seating arrangement and configuration be approved by each ordering agency. All seats installed on modular aluminum flooring system should comply with FMVSS 207 and 210. All FMVSS testing to be completed by an independent, accredited A2LA laboratory.
In lieu of the above, the manufacture may choose to supply the vehicle with OEM Passengers seats as a priced option with a Pareto or equal floor, and will utilize Freedman 3PT or GO-ES 3PT Foldaway seats when the floor plan requires foldaway type seating. Options is to be proposed on a per seat basis depending on configuration.
9.0 Brakes
Brakes to be OEM front and rear disc type with ABS.
10.0 Electric Powertrain
An OEM supplied all-electric powertrain in lieu of an internal combustion engine will propel the vehicle.
1. The vehicle as proposed must qualify under the Buy America Act requirements.
2. For Z1-ER versions, an auxiliary battery of sufficient capacity (approximately 400 VDC) to provide power auxiliary rear air conditioner, ADA equipment and other necessary accessories for at least 8 hours of operation shall be supplied as standard. (Ref. unit Fenton SBSFT15.8 148/E auxiliary single battery system or approved equal) and in tandem with a secondary optional HVAC system.
Secondary Battery shall include the following:
1. Secondary Vehicle Control Unit
2. On Board Charger to receive power from charging station)
3. High Voltage Battery (15.785 kw hours), optional second battery
4. DC/DC Converter – Converts 400vdc-12vdc (2 kw)
5. Operator/Machine Interface, touch screen control and data point
6. Power Distribution Box – High Voltage power distribution
7. High Voltage Interrupt Loop on all HV applications (safety)
8. LOI Protection- Loss of insulation monitoring on High Voltage harnesses
9. Low Voltage Power Distribution with load shedding
10. HV Harnesses, Can Bus harnesses, J1772 Grille connection Installation brackets and hardware
3. Onboard charging to include cables for all levels of charging supported by OEM configuration.
4. A secondary J1772 port to be installed to charge the secondary battery system.
5. The BEV instrument cluster readout shall be designed to display BEV metrics such as state of charge and power usage with stock OEM cluster integration appearance. All other instruments (e.g., turn signals) must remain functional. A driver information screen will be included to supplement dashboard instrumentation.
ATTACHMENT C
Technical Specification Provisions 6
6. A main controller on the BEV shall detect faults and malfunctions, and determines the appropriate response. Depending on the fault, the BEV vehicle may enter a state of reduced power and/or functionality, and in severe cases, may shut down completely.
7. Van conversion supplier shall be part of the manufacturer’s qualified vehicle builder’s program or equivalent.
8. Minimum OEM warranty is to be supplied. Identify for evaluation, proposed warranty for modifications.
9. BEV shall permit use of ADA wheelchair equipment. Some limitations may apply and/or customization required to accommodate at additional cost.
10. Vehicles equipped as BEV shall have a CARB Executive Order and meet HVIP requirements for voucher redemption if applicable.
11.0 Suspension and Steering
Vehicle shall be equipped with the chassis manufacturer’s maximum capacity heavy duty suspension. Steering shall be factory installed OEM, with tilt feature no less than 15” in diameter.
12.0 Tires/Wheels
Each vehicle shall be supplied with a new spare tire, mounted on a rim of same size, brand and model mounted on vehicle. OEM steel wheels shall be OEM standard including spare.
13.0 Interior
All interior walls shall be paneled, including doors. All panels shall be the same color and coordinated with the interior colors of the vehicle. All interior panels may be made of scuffresistant, vinyl-coated aluminum, textured paint on steel, ABS plastic or laminate/FRP finished material. Panels shall be securely installed to prevent noise/rattles.
Insulation material shall be applied behind the ceiling and wall panels and shall completely fill the space between cargo van body and the installed interior paneling. Insulation material to be compliant with FMVSS-302 (Flammability of Interior Materials) Windows shall be FMVSS compliant. Proposer to describe and provide testing as to how FMVSS compliance is acquired if not using compliant OEM windows.
14.0 Electrical
14.1 Alternator- Not applicable to this vehicle type.
14.2 Backup Alarms-a reverse alarm emitting minimum of 82 dba is to be supplied. Vehicle to be equipped with a sonic object detection system that activated automatically when the vehicle is placed in reverse.
14.3 Batteries-12-volt maintenance free unit. Minimum 72 amp/hr.
ATTACHMENT C
Technical Specification Provisions 7
14.4 Instrument Panel-To include speedometer, odometer, high voltage meter and state of charge display. All switches to be clearly labeled and within reach of seated Operator.
14.5 Lighting/Exterior-Complies with FMVSS and ADA.
14.6 Lighting/Interior- Is provided with OEM lighting system with headliner installed. 2 step well lamps to be installed providing illumination to the entire step well area.
11. 14.7 Radio-Bidder to provide AM/FM radio with 4 speakers as standard. OEM dash display including Onboard navigation, Apple CarPlay/Android IO capability and Bluetooth connectivity to enable hands free calling and music streaming to be supplied.
15.0 Air Conditioning and Heating
For Z1-E (ER), OEM front A/C/heater system to be provided as standard with a high capacity rear A/C system powered by auxiliary battery installed independently of the OEM dash EV system. Rear a/c and heating needs to be ducted and applied through directable venting. Technical details of installation are to be provided.
Z1 (Basic), is a configuration wherein the vehicle ties into the OEM front a/c system for the rear of the vehicle. Proposal to describe ducting and control system to be installed by the upfitter. System must meet FMVSS 103 requirement for window defrosting. This configuration will not include the auxiliary battery and secondary HVAC system and should be priced appropriately.
16.0 Mobility Aid Lift
The base vehicle (all variants) shall be equipped with a Braun Century 2, M-Power or approved equal, mobility access lift which deploys through the Side door using an Abilitrax “Shift n Step” or equal (aluminum version for lighter weight ALSNS-G01 or equal) device as standard. Must have a QVM compatible solution to installation of the device. Lift shall be parked rearward of the sliding door and interlocked to provide an emergency exit function. Shift n Step must be installed according to the component manufacturer’s instructions using adhesives and fasteners provided. Lift and all components shall leave a clear path to and from the rear and center seats with no trip hazards. Bidders shall provide illustrations of their lift construction, which must be built to withstand heavy transit use. This Lift shall comply with ADA, 49 CFR Section 38.23(c) and 38.25(b) and all applicable Federal Regulations and Standards. Rear door floor plans may be accepted also as an option. Options for curb side ambulatory and lift access utilizing a copilot door modification are requested if available. The “Shift n Step” must be interlocked, in the same manner as the wheelchair lift, so that the entry system must be in the “stowed” (rearward) position, in order to keep the vehicle from being driven while the device is blocking the side door. A wheelchair lift cover shall be supplied standard. A Fenton ALSNS-G04 B-Pillar Grab Bar (or equal) is to be installed as standard.
To augment the “Shift n Step,” proposers are requested to provide if available, a curbside ambulatory access package via the front door as a priced option.
Proposers may also offer as an option, (not as equal) a rear wheelchair lift configuration priced with an appropriate credit. (Note-this configuration is not approved by CalTrans).
ATTACHMENT C
Technical Specification Provisions 8
Proposers may also offer as an option, (not as equal) a configuration where the wheelchair lift and door is located aft of the curbside rear axle. This is to be proposed in the price worksheet and may be approved pending either a partial Altoona test or concurrence from FTA supplied that a test is not required.
17.0 Lift Installation
17.1 The lift shall be installed by bolting through the floor into structural steel that is an integral part of the body underfloor structure.
17.2 The power unit shall be placed at the rear side for forward mounted lifts and be readily accessible for service. In the event of power failure, the deployed lift platform shall be able to be lowered manually with passengers and raised without passengers.
17.3 System control valve shall be solenoid controlled and shall be accessibly mounted for easy maintenance. All lift components shall be either inside the vehicle or enclosed and protected from water wash.
17.4 Electrical control switches shall be completely weather proof and labeled as to function. All switches shall be of the momentary type.
17.5 The lift installation shall provide a hand-held switch for remote operation of the lift in addition to or in place of the regular door mounted electrical lift controls.
17.6 An interlock that provides intermittent fault filtering for system shall be provided which renders the lift inoperative unless the transmission shift lever is in the “Park” position, and the emergency brake is applied.
18.0 Occupant Restraint System:
MOBILITY AID SECURITY AND OCCUPANT RESTRAINT SYSTEMS:
The QRT 8100 series (dual knob) retractor, or approved equal. These will be by agency choice. Retractors MUST be AUTOMATIC SELF-LOCKING and SELFTENSIONING. - retractor, or approved equal to secure wheelchairs facing forward, and must comply fully with the Americans with Disabilities Act. The system(s) shall be capable of securing a variety of common mobility aid designs and accommodate a wide range of occupant sizes. The Contractor shall provide detailed instructions to include a training video from the securement manufacture for mobility aid placement, tie-down belt operation, and torso belt placement.
Wheelchair tie down and occupant restraint shall consist of two strips of heavy-duty Series L track the entire width of the securement area and have separate lap restraint for the occupant. Floor anchorage track shall be high strength flange 6061 T6 alloy Series Omni L-Tracking utilizing and usable for front or rear tie downs or shared by both. Bottom of flange shall be flush with the floor. Track installation will include silver flange track end caps. The system(s) shall incorporate a continuous track capable and accommodate a wide range of mobility aid designs. The track shall be
ATTACHMENT C
Technical Specification Provisions 9
installed in a location/manner that will maximize the area while still meeting the securement manufacturer’s installation requirements. The system anchorages and /or track shall be recessed and attached with flush fasteners in accordance with the requirements of the system manufacturer. A copy of the manufacturer’s installation instructions must be provided prior to award. Any deviation from manufacture’s track installation instructions will require written approval from securement manufacturer.
A Heavy-Duty storage bag shall be provided and secured next to the wheel chair tiedown area for storage of securement systems. Final location and type to be determined at preproduction meeting. 1 Bag shall be provided per tiedown For each mobility aid securement system installed in the vehicle, a corresponding occupant restraint system shall also be provided. The occupant restraint system shall consist of adjustable lap (pelvic) belt and an adjustable shoulder belt with a minimum of 12" height adjustment, and shall meet all applicable Federal Motor Vehicle Safety Standards (FMVSS), as amended. An additional four 12" straps per wheelchair positions to aide in tying down mobility aids are to be provided for each tie down position including optional positions added to the van.
18.1 SECUREMENT/RESTRAINT SYSTEM ACCESSORIES
a) A web cutter for emergency use shall be provided with each vehicle. b) One torso pad approximately 8" X 12" with thickness of approximately 1" and belt shall be supplied to secure mobility aid users while riding on the mobility aid lift
19.0 ADDITIONAL EQUIPMENT
The following shall be furnished and installed in each unit. The mounting of any of the following items shall not interfere with passenger entry or exit:
d) A fire extinguisher appropriate for use in an electric van application shall be supplied and conveniently mounted. The fire extinguisher is to be inspected and certified by a California inspector authorized to do so by the State Fire Marshall at time of delivery.
e) A minimum 16-unit First Aid Kit meeting the requirements of Title 13, California Code of Regulations (13 CCR) Section 1243 mounted per buyer’s instructions f) LED Road Safety Flare Kit meeting FMVSS No. 125. (Ref. unit Garage Monkey Engineering Model # GME401)
g) Sufficient interior lighting (a minimum of eight incandescent) to illuminate the driver, passenger, entry area and the interior aisle to a minimum of eight candlepower measured at floor level. The switch for these lamps shall be mounted
ATTACHMENT C
Technical Specification Provisions 10
in the dash, back lighted, and labeled or on motor cover if provided with quick disconnect harness.
.
h) OPTIONAL TWO-WAY RADIO ANTENNA PREP: Roof access for installing radio antenna with 5/8" I.D. conduit with antenna pull wire terminating behind drivers seat. Access compartment must have an access panel/door. Cooperative must approve final design and placement. Panel/door must be color coordinated with interior of van. Not standard item unless called for as an option by customer.
i) Manual: A complete operations manual will be provided that covers the conversion features on the vehicle as listed in this specification. The manual will provide complete, comprehensive instructions for the mobility aid accessories, mobility securement, and all options. A component and wiring schematic for the high voltage system should be provided and placed in the vehicle. j) Lock Out: A “lock out/tagout’ procedure with markings and instructions, labels and warnings as well as any tools necessary to lockout vehicle in order to safely service or repair is to be provided.
k) One blood borne pathogen protection kit incorporating a body fluid cleanup kit. l) Chrome retractable coat hook in an accessible location to the driver seat location. m) A minimum 7” perforated stainless steel or powder coated aluminum running board for each vehicle door shall be supplied. Installation shall be “heavy duty” and sufficiently robust to last for the tested life of the vehicle. The running board shall be sufficiently fastened using Grade 8 (or equivalent) fasteners with nylon lock nuts and flat washers that will prevent loosening and eventual sagging of the floor board. The step must be rated at a minimum of 500lbs and be installed in a manner that does not cause the step to contact the ground at any angle. n) Stainless steel entry grab bar in 36” height to be installed (bolted to) on the forward side of the access door. A small auxiliary grab bar to assist in closing the entry door from the interior is to be installed just above the interior door latch.
01257.0006/976835.1 -1-
CITY OF SOUTH EL MONTE CONTRACT # 20-01 AZ (ICE-1)
AGREEMENT REGARDING PURCHASE OF PARATRANSIT VEHICLES
For E-Transit, NorCal Vans/Driverge
THIS AGREEMENT is made and entered into on ______________, 2024 between and among A-Z BUS SALES, INC., a California corporation, with its principal place of business located at 1900 South Riverside Avenue, Colton, California (“SELLER”), and CITY OF SOUTH EL MONTE (“CITY”). SELLER and CITY may be referred to herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, pursuant to City of South El Monte, Purchasing Manual, Chapter 5 – Special Circumstances, the Purchasing Office may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process. In a cooperative purchase setting, one agency represents several agencies by going out to bid, including the needs of the other agencies in the bid specifications. This provides for higher product volume being purchased, resulting in lower unit cost for all agencies; and
WHEREAS, the Morongo Basin Transit Authority (“MBTA”) issued a Request for Proposal (RFP #20-01) for the purchase of Paratransit and Transit Vehicles on behalf of itself and Consortium members identified in the Participating Agencies List in the RFP collected by the California Association of Coordinated Transportation (“CalACT”) for the MBTA; and WHEREAS, SELLER was selected as the appropriate vendor for the product as it was awarded MBTA Contract # 20-01 AZ (ICE-1) by MBTA’s Board of Directors the purchase of Paratransit and Transit Vehicles, resulting from MBTA’s RFP #20-01; and WHEREAS, as demonstrated by the SELLER’s estimate, by utilizing MBTA’s RFP, the CITY is being provided a discount in the amount of $11,212.50 rendering a more economically advantageous result; and
WHEREAS, the CITY has sought the purchase of the products defined and described particularly in this Agreement; and
WHEREAS, the CITY has determined SELLER’s price is lower than that estimatey for the purchase if made directly by the CITY; and
WHEREAS, Pursuant to the City of South El Monte Municipal Code, CITY has authority to enter into and execute this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and CITY hereby agree as follows:
ATTACHMENT D
01257.0006/976835.1 -2-
1. CONTRACT DOCUMENTS. This Agreement, along with all Exhibits referenced herein, and including without limitation, all documents referenced in said Exhibits shall hereinafter be referred to as the "Contract Documents." In the event of any conflict, the Contract Documents, including specifically RFP #20-01 and any addendums thereto, shall take priority in interpreting the respective rights and obligations of the Parties created by this Agreement. Any contract, agreement, or other document subsequently created by any Party in connection with a purchase order issued pursuant to this Agreement and which changes or otherwise modifies the terms and conditions set forth in the Contract Documents shall not be valid without the prior written approval of both of the Parties to this Agreement.
2. DESCRIPTION OF VANS PURCHASED. SELLER hereby agrees that it shall sell the VANS manufactured by E-Transit, NorCal Vans/Driverge as more particularly described in RFP #20-01 (attached hereto as Exhibit "A'') to any and all Consortium participants who desire to purchase such VANS from SELLER. VANS are to be vehicles with less than 4000 miles and that have never been previously registered.
3. CONTRACT PRICING. SELLER hereby agrees to sell such VANS as more particularly described in RFP #20-01 (attached hereto as Exhibit "A") under the terms and conditions set forth in RFP #20-01.
4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions of RFP #20- 01 and as proposed.
5. PAYMENT BY CONSORTIUM PARTICIPANTS. SELLER shall collect payment from purchasing agencies within thirty (30) days after the delivery and acceptance of the VANS by the participant, and a receipt of an invoice thereof, per RFP #20-01.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any Party without the prior written consent of all of the Parties to this Agreement.
7. NO ATTORNEYS' FEES. If litigation is required to enforce or interpret the provisions of this Agreement, neither SELLER nor the Consortium members shall be entitled to an award of attorneys' fees or costs, but shall be entitled to any other relief to which it may be entitled by law.
8. MODIFICATION. This Agreement may be modified only in writing as authorized by the CITY and signed by all Parties.
9. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Los Angeles County, California.
10. NO WAIVER OF DEFAULT. The failure of any Party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
01257.0006/976835.1 -3-
11. FURTHER ASSURANCES. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
12. BINDING EFFECT; CONTEXT; COUNTERPARTS. Subject to Paragraph 6, the rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. Whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
13. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090).
14. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of an entity represents and warrants that he or she is respectively, duly authorized to sign on behalf of the entity and to bind the entity fully to each and all of the obligations set forth in this Agreement.
15. INDEMNIFICATION. SELLER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of an kind whatsoever, arising out of, connected with, or caused by SELLER'S employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct.
16. WARRANTY. The VANS are warranted by SELLER to be new and to be free from defects in material and workmanship pursuant to and in accordance with those certain manufacturer's warranties collectively attached hereto as Exhibit "B", and as submitted in response to RFP #20-01 by SELLER and incorporated herein by reference as if set forth in full. During said warranty periods, the VANS shall maintain structural and functional integrity. The warranty is based on regular operation under operating conditions prevailing in the purchaser's operating area.
17. WARRANTY OF FITNESS. SELLER hereby warrants that the VANS and all materials furnished shall meet the requirements and conditions of the Contract Documents and shall be fit for the purposes intended. Acceptance of this warranty and acceptance the VANS and materials to be manufactured or assembled pursuant to the specifications in these Contract Documents shall not waive any warranty, either express or implied.
18. NOTICE. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The Parties shall be addressed as follows, or at any other address designated by proper notice:
01257.0006/976835.1 -4-
CITY: Rene Salas
City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, California 91733
SELLER: John Landher
President
A-Z BUS SALES, INC.
1900 South Riverside Avenue
Colton, California 92324
19. EXECUTION. This Agreement is effective upon execution by both Parties. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
A-Z BUS SALES INC., CITY OF SOUTH EL MONTE,
a California corporation a municipal corporation
By: By:
John Landher, President Rene Salas, City Manager
MBTA CalACT Cooperative
Quote Date 3/5/2024
1556 Central Avenue County: Los Angeles Expires
South El Monte Zip Code: 91733 Roof design Mid-Roof
Rene Salas Office Phone: 805-642-1591x121 DSI Account:
[email protected] Cell Phone: 626-652-3148 FORD FIN Code Cole Crockett Type E- Transit, Nor Cal Vans/Driverge Revision Date QTY
NOR CAL VAN/DRIVERGE , TYPE Z1-E, Ford Transit 350MR W9C 1 Driverge
1 Sub-Total Base Unit $ 103,250.00
PUBLISHED OPTIONS
1 Delete Shift-N-Step (For rear WC) $ (9,055.00) (9,055.00) 2 Go-ES Single Seat ( up to 5 additonal seats) $ 1,153.00 2,306.00 1 Delivery Zone 2 $ 800.00 800.00
1 Sub-Total Published Options (5,949.00)
NON PUBLISHED OPTIONS
1 2,850.00 2,850.00
1 850.00 850.00
1 775.00 775.00
1 6,492.00 6,492.00
1 Sub-Total Non-Published Options 10,967.00
SUMMARY
SPECIFICATION SUMMARY
1 Model Year 2024 Model Year and Chassis Make: Nor Cal Van/Driverge Wheelchair Lift Model: Braun 1 Type: Ford E-Transit 350 MR Chassis: 2024 Ford E-Transit 350 MR Wheelchair Lift Location Shift N Step 1 Passenger Capacity: 5 seated + 1 w/c Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: Ford OEM Charcoal Vinyl Engine: Electric Battery Capacity 89 kWh 1 Air Conditioning System: FORD OEM GVWR: 9,500 Tie Down Type QStraint 8100 DLX 1 Exterior Color/Graphics: White Body Length: 19.5 ft Estimated Delivery:
Contact:
Chassis, Ford E-Transit 148' W/B"
Email Address:
Sales Representative
Option Description
Ford E-Transit 350 MR
Privacy Tint on side windows
Digital Print Graphics Package - Matched to Exact Previous Custom Graphics Package AZ Bus Sales is in an agreement with the City of South El Monte RFP #20-01 Revised w 2024 Chassis
Customer: City of South El Monte
Address:
City
2024 Chassis + 89kW Ford OEM Battery Pack
Storage Box in lieu of Co-Pilot Seat
ATTACHMENT E
MBTA CalACT Cooperative
Quote Date 3/5/2024
1556 Central Avenue County: Los Angeles Expires
South El Monte Zip Code: 91733 Roof design Mid-Roof
Rene Salas Office Phone: 805-642-1591x121 DSI Account:
[email protected] Cell Phone: 626-652-3148 FORD FIN Code Cole Crockett Type E- Transit, Nor Cal Vans/Driverge Revision Date QTY
Contact:
Email Address:
Sales Representative
Option Description AZ Bus Sales is in an agreement with the City of South El Monte RFP #20-01 Revised w 2024 Chassis
Customer: City of South El Monte
Address:
City
SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford E-Transit Body Code W9C Mid Roof 235/65R16
1 Ford E-Transit XL Cargo with Driverge Interior E-Transit Electric Motor 1 Rear w/c Lift, Braun Century 800 lb rating 148" Wheelbase 1 Smart floor interior tracking for seats and w/c's 1-Speed Motor w/ Electric rear Axle 1 Headroom Height Interior, 67" 9,500 lb GVWR
1 Exterior Height 99" Rear Axle: Single Tires.
1 Overall Length 235.5" OEM Ford Air Conditioning &Heat, with Tie-In Rear AC & Heat 1 Laminated Side windows in Passenger area (92A) AM FM Stereo 1 Altro Flooring Reverse Backing camera
CONTRACT PRICING SUMMARY
1 Base Unit as Specified 103,250.00
1 Published Options (5,949.00)
1 Non-Published Options 10,967.00
1 Sub-total per Unit 108,268.00
1 Mobility Aid Rebate shown for tax purposes 1,000.00 reversed below 1 ADA Portion 44,047.00
1 Taxable amount on which tax is collected 65,221.00
1 Sales Tax on taxable amount 4,117.08 6.313% S. El Monte 10.25% 1 CalACT MBTA Fee of 1.5% on the subtotal 1,624.02
1 Mobility Aid reduction (1,000.00) reversal from above 1 Total, Each 114,009.10
1 Less HVIP rebate estimate $ (11,212.50) Application required HVIP REBATE 1 Sub Total 102,796.60 HVIP amount varies
1 Qty 2
1 Grand Total 205,593.19
Sales tax rate is
based on special
zero emission
reduction of normal
tax rate less 3.9375
Signature Signature Date
Rene Salas
Print Name
South El Monte
COMPANY/AGENCY
Cole Crockett
Print Name
Cole Crockett
AZ Bus Sales is legally obligated to adhere to the warrant and product specifications mentioned in the warranty and vehicle specifications
ATTACHMENT F
City Council Agenda Report
Agenda Item No. 7.e.
DATE: April 23, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-151, AWARDING A CONTRACT SERVICES AGREEMENT
TO WGJ ENTERPRISES, INC. dba PCI FOR CITYWIDE
STRIPING MAINTENANCE SERVICES
SUMMARY: Staff seeks City Council approval to award a Contract Services Agreement to WGJ Enterprises, Inc. dba PCI for Citywide Striping Maintenance Services.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-151, awarding a Contract Services Agreement to WGJ Enterprises, Inc. dba PCI for Citywide Striping Maintenance Services; and
2. Authorize the City Manager or designee to negotiate and execute the agreement.
FISCAL/FINANCIAL IMPACT: The total contract amount for Citywide Striping Maintenance Services will not exceed $80,000. $20,000 has been appropriated for these services within the City Council’s approved FY 2023/24 budget. Staff will recommend allocating $60,000 from Measure M funds to cover the remaining cost for citywide striping maintenance services as part of the proposed FY 24/25 budget, as these funds are permitted for such expenditure.
DISCUSSION: On November 28, 2023, the City Council authorized staff to issue a Request For Proposal (RFP) for Citywide Striping Maintenance Services from qualified contractors to provide annual citywide repainting of traffic striping. On November 29, 2023, the City released an RFP for Citywide Striping Maintenance Services. The deadline for submission of responses was set for January 10, 2024, at 2:00 p.m. However, the City did not receive any official submissions from contractors.
The City readvertised the RFP on January 30, 2024, and set the deadline for submission of responses to March 6, 2024, at 2:00 p.m. Staff reached out to several striping contractors to inform them about the RFP. The City received one (1) proposal from WGJ Enterprises, Inc dba PCI.
The proposal was evaluated based on the established criteria identified in the RFP including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references. Staff determined that the proposal from PCI was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated a thorough understanding of the required services required by the City.
PCI has extensive experience providing striping services since 1992. It holds a C-32 “Parking and Highway Improvements” contractor’s license and has the required specialty equipment and trained personnel to perform any type of striping and marking job required by the City. PCI employs 35 field employees, all of whom are CPR certified for safety, and OSHA 10 certified. Additionally, supervisors hold OSHA 30 certification, and PCI owns 45 trucks specifically manufactured for street and highway striping. Additionally, each staff member assigned to the city project possesses over 20 years of experience in the industry, ensuring a high level of expertise and proficiency. Several California cities’ public works and engineering staff served as references and expressed positive experiences working with PCI on past projects.
During the current Fiscal Year 23/24, the striping program will concentrate solely on Citywide Striping Maintenance Zones 1, 2, 3, and 5. In FY 24/25, the program will expand to include zones 4, 6, 7, and 8, with the inclusion of main arterial areas as necessary.
Staff recommends City Council approve a Contract Services Agreement with PCI as the most qualified contractor to provide Citywide Striping Maintenance Services for a total amount of $80,000 and authorize the City Manager or designee to execute the agreement.
Staff report prepared by Andrés González, Senior Public Works Analyst.
ATTACHMENT(S):
A. Resolution No. 24-151, Awarding Contract Services Agreement B. (SEM) PSA for WGJ Enterprises Inc. dba PCI for Citywide Striping Maintenance Services(976532.2)
01257.0006/976555.1
ATTACHMENT A
RESOLUTION NO. 24-151
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AWARDING PROFESSIONAL SERVICE AGREEMENT TO
WGJ ENTERPRISES, INC DBA PCI FOR CITYWIDE STRIPING
MAINTENANCE SERVICES
WHEREAS, on November 28, 2023, the City Council authorized staff to issue a Request for Proposals (RFP) for Citywide Striping Maintenance Services; and WHEREAS, on January 10, 2024, City staff re-issued a RFP for Citywide Striping Maintenance Services with a proposal due date of March 6, 2024; and WHEREAS, the City received one (1) proposal from WGJ Enterprises, Inc. dba PCI; and
WHEREAS, the City evaluated the proposal and determined that WGJ Enterprises, Inc. dba PCI was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services; and WHEREAS, WGJ Enterprises, Inc. dba PCI has extensive experience providing striping services since 1992. Additionally, each staff member assigned to the city project possesses over 20 years of experience in the industry, ensuring a high level of expertise and proficiency; and WHEREAS, Several California cities’ public works and engineering staff served as references and expressed positive experiences working with WGJ Enterprises, Inc. dba PCI on past projects.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: Upon reviewing the proposals submitted for Citywide Striping Maintenance Services, the City Council hereby finds that WGJ Enterprises, Inc. dba PCI has submitted the most qualified proposal pursuant to the City’s purchasing policy, in the amount of $80,000.00.
SECTION 3: The City Council hereby authorizes the City Manager, or his designee, to take all actions necessary to effectuate and execute a professional service agreement with WGJ Enterprises, Inc. dba PCI in the amount of $80,000, subject to the approval by the City Attorney as to form.
01257.0006/976555.1
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-151 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 23rd day of April 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
01257.0006/976532.2 1
ATTACHMENT B
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
And
WGJ ENTERPRISES, INC. DBA PCI
01257.0006/976532.2 2
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
WGJ ENTERPRISES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 23 day of April, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and WGI ENTERPRISES, INC., DBA PCI , a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
01257.0006/976532.2 3
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
01257.0006/976532.2 4
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty Thousand Dollars ($80,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
01257.0006/976532.2 5
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
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3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
William G. Jacob President/Owner
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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be John Poehler Public Works Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except
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as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.