Chapter 17.12 — RULES AND MEASUREMENTS

modified

The purpose and intent of this chapter is to provide rules to resolve questions about the meaning or applicability of any part of this title. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this title and the general plan. In addition, this chapter explains how various measurements referred to in this title shall be calculated.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

In interpreting the various provisions of this title, the following rules shall apply:

A.

Abbreviated Titles and Phrases:

The City of El Monte General Plan may be referred to as the "General Plan."

The City of El Monte Municipal Code may be referred to as the "Municipal Code" or the "EMMC."

3.

The City of El Monte Zoning Code may be referred to as this "Zoning Code" or "Title."

4.

The City of El Monte may be referred to as the "City" or a "local government." The County of Los Angeles may also be referred to as a "local government."

5.

The City of El Monte's City Council may be referred to as the "City Council."

6.

The City of El Monte Planning Commission may be referred to as the "Planning Commission" or "Commission."

7.

The City of El Monte Zoning Review Committee maybe referred to as the "Zoning Review Committee" or "Committee."

8.

The Community and Economic Development Department may be referred to as the "Community Development Department" or "Department."

9.

The Director of Community and Economic Development may be referred to as the "Community Development Director" or "Director." Any responsibility or task of the Community Development Director may be performed by his or her designee.

B.

Terminology:

1.

The particular controls the general.

2.

The words "shall," "will," "is to," and "are to" are always mandatory; the word "should" is not mandatory but is strongly recommended; and the word "may" is permissive.

3.

The present tense includes the past and future tenses and the future tense includes the present.

4.

The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

5.

The words "include," "includes," and "including," mean "including but not limited to."

The word "and" means that all connected words or provisions apply; and the word "or" means that the connected words or provisions shall apply singly or in any combination.

7.

The words "either … or" indicates that the connected words or provisions shall apply singly, but not in combination.

C.

State Law Requirements. Where this title references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, California Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

D.

Conflicting Requirements. Any conflicts between different requirements of this title or between this title and other regulations, shall be resolved as follows:

1.

Development Agreements or Specific Plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control. However, in the event a chapter of this title is devoted to a specific plan, the chapter shall control.

2.

EMMC provisions. In the event of any conflict between requirements of this title and other regulations of the city, the Community Development Director shall determine which provision shall control.

3.

Private Agreements. It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this title became effective. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

4.

City Adopted Guidelines. In the event of any conflict between requirements of this title and any city adopted guidelines, this title shall control.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

A proposed land use within a zoning district must expressly be listed as a permitted use per the applicable zoning district or overlay zone in order to be authorized under this title, except as authorized per Section 17.12.050 of this chapter. Home occupation businesses and nonresidential uses shall require a Business Occupancy Permit.

B.

The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zoning district shall be deemed a prohibition of such building, structure, premises or use in all zoning districts of a more restrictive classification, unless otherwise noted.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Authority. The Community Development Director, in consultation with the City Attorney, shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

B.

This Title and Other Laws and Ordinances. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other EMMC law or ordinance, the provisions of this title shall govern.

C.

This Title and Development Agreements or Specific Plans. Where the requirements of this title and standards adopted as part of any development agreement or specific plan are in conflict, the requirements of the development agreement or specific plan shall control.

D.

Requesting an Interpretation. An applicant may request an interpretation of a provision or requirement of this title. The request shall be in writing and may include any supporting information. The Community Development Director shall make a director's determination in writing within thirty (30) days of the request. The decision shall constitute the precedent for all future interpretations of the provision or requirement. The Director also has the authority to initiate interpretations without a request from an applicant.

E.

Appeals. Decisions of the Community Development Director are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations Ability to Appeal) of this title.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Uses that are not specifically listed in a specific zoning district of this title may be permitted, provided the Community Development Director finds and determines all of the following:

1.

The use is similar to other uses permitted in the respective zoning district;

2.

The use will not have a negative impact related to traffic, noise, air quality, parking or public safety;

3.

The use will not have a negative effect to the welfare of other businesses or individuals in the respective zoning district or surrounding area;

4.

The applicant has submitted information that is substantial and compelling to support his or her request; and

5.

The applicant has agreed to any conditions placed by the Community Development Director to ensure the use is not altered over time to become inconsistent with the original request and approval.

B.

Once the necessary information has been submitted, the Community Development Director shall make a director's determination in writing within thirty (30) days approving or denying the request. The Director, at his or her discretion, may also refer the decision to the Planning Commission. The decision shall constitute the precedent for all future uses that match the same characteristics. The Director also has the authority to initiate the determination of additional permitted uses without a request from an applicant.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Distance:

1.

Measurements are the Shortest Distance. when measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two (2) objects.

2.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography of the land.

Measurements Involving a Building or Structure. Measurements involving a structure are made to the closest support wall of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

4.

Measurements for Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

5.

Measurements for a Radius. When measuring a radius from a property or multiple properties, it is measured in a straight line, without regard to a city boundary or intervening structures, from the outer portion of the property or multiple properties. All properties within the radius, either in full or part, shall be considered within the radius.

6.

Measurements for Use Separations. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line, without regard to a city boundary or intervening structures, from the nearest portion of the property line for the one use to the nearest property line of the other use. If multiple properties are linked through access easements or other methods (e.g. a shopping center made up of several legal parcels), the distance shall be measured from the specific parcel the land use is located. When multiple applications for uses are submitted and must be separated from each other, the application submitted first shall be processed and the others may be deemed incomplete.

7.

Measurements for Walking Distance. When a specified land use is required to be located a minimum walking distance from another land use or specific object (e.g. transit stop), the minimum distance is measured along sidewalks from the nearest portion of the property line for the one use to the nearest property line of the other use or the actual specific object (e.g. the sign for the transit stop). If no sidewalk exists, it shall be measured along the edge of the street curb or paved area (if no curb exists).

8.

Measurements for Yard Setbacks. When a specific item is to meet a required street side, interior side yard and rear yard setback, it only needs to meet the minimum distance required in this title, regardless the actual setback of the structure. In all other instances, it shall mean the established distance.

B.

Floor Area Gross and Net. The following shall apply to calculate gross floor area (GFA) and net floor area (NFA) of a building or structure:

1.

Residential Only Projects.

a.

The GFA. The sum of the horizontal areas of all floors of a building or structures and other areas enclosed by a minimum of seventy-five (75) percent. Measurements shall be from the exterior walls of the building or structure. Staircases shall only be counted once. Any space where the floor-to-ceiling height is less than six (6) feet shall not be counted. Any portion of a structure over seventeen (17) feet in height shall be counted twice.

b.

The NFA. The total GFA minus the following:

i.

All Residential Projects. Up to one hundred twenty (120) square feet for one storage structure shall not be counted.

ii.

One-Family and Two-Family Projects. Up to six hundred fifty (650) square feet for enclosed parking per unit shall not be counted.

iii.

Multiple-Family Projects. Lobby areas, hallways, stairways and elevator shafts used to access individual units or common open space areas shall not be counted. In addition, areas used exclusively for vehicle parking or loading shall not be counted.

c.

For floor area requirements, the NFA shall always apply.

2.

Nonresidential Projects:

a.

The GFA. The sum of the horizontal areas of all floors of a building or structures including hallways, service areas, mechanical rooms and attic areas having a height of more than seven (7) feet. Elevator shafts and stairwells shall only be counted once. Fully subterranean basements, courtyards, outdoor passageways and areas used exclusively for vehicle parking or loading shall not be counted. Measurements shall be from the interior walls of the building or structure.

b.

The NFA. The sales area or customer area of a business. It shall include register areas, bar areas, waiting areas and display areas that may not be directly accessible to customers. It shall not include hallways, offices, restrooms, courtyards, fitting rooms, kitchens and break areas.

c.

When the floor area requirements are not specified. The GFA shall apply.

3.

Multiuse Projects. The residential portion of the buildings or structures shall comply with subsection 1. above and the nonresidential portion of the buildings or structures shall comply with subsection 2. above.

C.

Floor Area Ratio (FAR). To calculate FAR, the net floor area is divided by the net lot area and is expressed as a decimal. For example, if the net floor area of all buildings on a site totals twenty thousand (20,000) square feet, and the net lot area is ten thousand (10,000) square feet, the FAR is expressed as 2.0. Refer to Figure 17.12-1 for information in a graphics form:

==> picture [221 x 150] intentionally omitted <==

D.

Fractions:

1.

General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise noted.

2.

Residential Units Rounding. The maximum number of units permitted shall always be rounded down to the nearest whole number (e.g. 3.8 units = 3.0 units), except as described in subsection D.3. below.

3.

Exceptions:

a.

Sections 17.70.090 (Parking Regulations Electric Vehicle Charging Spaces/ Stations) and 17.70.100 (Parking Regulations Bicycle Parking) of this title. Calculations for the number of spaces shall be rounded up to the nearest whole number.

b.

Chapter 17.100 (Density Bonus Provisions) of this title. The base density of permitted units, for projects eligible for a bonus density pursuant to Section 695915 of the California Government Code, shall be rounded up to the next whole number. In addition, any fractional number of permitted bonus density units shall be rounded up to the next whole number.

c.

Chapter 17.102 (Inclusionary Housing) and Section 17.110.080 (Standards for Specific Residential Uses Religious Institutions Housing) of this title. In calculating the required number of inclusionary units, for projects up to twenty (20) units, fractions of three-quarters or greater shall be rounded up to the nearest whole number and fractions of less than three-quarters shall be rounded down to the nearest whole number. For projects with more than twenty (20) units, fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number.

E.

Height:

1.

Measuring the Height of a Building or Structure. Building height is measured from the average finished ground level of the site to the highest point of the structure, not including the exceptions outlined in Section 17.60.030 (General Property Development Standards Height Exceptions and Restrictions) of this title.

2.

Measuring the Height of Decks. Deck height is determined by measuring from the natural grade of the ground to the top of the floor of the deck.

3.

Measuring the Number of Stories in a Building. A balcony or mezzanine shall be counted as a full story if its floor area exceeds one-quarter of the total area of the nearest full floor directly below it or if it is enclosed on more than three (3) sides, unless Title 15 (Building and Construction) provides for other balcony or mezzanine definitions based on building construction type and other factors.

Refer to Figure 17.12-2 for information in a graphics form.

F.

Lot Area—Gross and Net. The gross lot area (GLA) means the total horizontal area within the lot lines of a lot. The following shall not be included in determining the net lot area (NLA):

1.

Private streets in the One-family Dwelling (R-1) zoning district;

2.

The pole portion of flag lots; and

3.

Any future street dedications.

G.

Lot Coverage. Lot coverage is the ratio of the net footprint area of all roofed structures on a lot compared to the net lot area. The following shall not be included in the net footprint area:

1.

Eaves and roof overhangs that project a maximum two (2) feet;

2.

Trellises and similar structures that are a minimum fifty (50) percent open to the sky;

3.

Patios and landings that are a minimum fifty (50) percent open to the sky;

4.

Unenclosed stairways;

==> picture [221 x 141] intentionally omitted <==

5.

Up to one hundred twenty (120) square feet for one storage structure;

6.

Outdoor swimming pools and hot tubs that are open to the sky; and

Solar panel structures in nonresidential zoning districts (this exception shall not apply to solar panels constructed on the roof of enclosed garages or structures that can be occupied).

8.

Refer to Figure 17.12-3 for information in a graphics form.

==> picture [221 x 144] intentionally omitted <==

H.

Lot Line and Frontage. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.

1.

Front Lot Line. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For parcels that have identical or near identical street frontage dimensions, the Community Development Director may determine which is the front. The lot frontage shall mean the horizontal distance between the side lot lines measured along the front lot line.

2.

Rear Lot Line. The parcel line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped parcel, a line fifteen (15) feet in length entirely within the parcel, parallel to, and at a maximum distance from the front lot line.

3.

Side Lot Line. Any parcel line other than a front or rear lot line.

4.

Street Side Lot Line. A side lot line of a corner parcel that is adjacent to a street.

I.

Residential Density:

1.

Residential-Only Projects. Density shall be measured in dwelling units per square feet or acres of net lot area. For example, if a project proposed ten (10) dwellings on a two (2) acres site, it has a residential density of five (5) dwelling units per acre. Accessory Dwelling Units (ADUs) or Junior ADUs shall not be included in the calculation.

2.

Mixed-Use Projects. The square footage or acreage of the net lot area shall be included in the calculation, including portions of the project site which feature only nonresidential uses.

J.

Separation. Building or other structure separation shall be measured from eave to eave (i. e. the separation is the area open to the sky).

K.

Setbacks and Yards:

1.

A setback is the distance between the property line and a building, structure or post (not including permitted projections) that must be kept clear and open.

2.

Rules:

a.

The setback shall be measured parallel to and at the specified distance from the corresponding property line.

b.

The area that must be kept clear and open is the yard.

c.

Yards shall be measured from any future street dedication line.

d.

If a side yard abuts an alley, the yard shall be considered an interior side yard rather than a street side yard.

3.

Front Yard. The area extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel to the main building closest to the front of the lot.

4.

Rear Yard. The area extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building towards the nearest point of the rear lot line.

5.

Side Yard. The area between the main building and the side lot line extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear yard and the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building.

6.

Street Side Yard. The area between the main building and any adjacent public street right-of-way or private street.

7.

Refer to Figure 17.12-4 for information in a graphics form:

==> picture [201 x 153] intentionally omitted <==

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

The following shall apply to properties or project sites that are split zoned and properties or project sites that cross jurisdictional boundaries:

A.

Permitted Uses:

1.

Projects Within the City. The proposed use (e.g. residential, retail, office, etc.) must be permitted in both zoning districts, unless the use in the zoning district that it is not permitted is solely for access, parking, landscaping and signage.

2.

For projects crossing jurisdictional boundaries:

a.

The proposed use must be permitted in the city, unless the use in the city portion is solely for access, parking, landscaping and signing.

b.

The Community Development Director shall determine whether the city or other jurisdiction will be the lead agency.

B.

Lot Coverage, Floor Area Ratio (FAR) and Residential Density:

1.

Projects Within the City. Lot coverage, FAR and/or residential density may be transferrable from one zoning district to another, subject to the approval of a Conditional Use Permit and all the following:

a.

The proposed use is permitted in both zoning districts (e.g. residential is permitted in both zoning districts);

b.

The transferred lot coverage, FAR and/or residential units may extend a maximum one hundred (100) feet within the adjacent zoning district; and

c.

Structures within the transferred area shall comply with the maximum height and minimum ground floor setback requirements of the underlying zone. For all other development standards, the structures may comply with either zoning district.

2.

Projects Crossing Jurisdictional Lines. The El Monte portion shall follow the standards of the city. Lot coverage, FAR and residential density shall not be transferrable from one jurisdiction to another.

3.

Planned residential developments may follow the requirements of Chapter 17.127 (Planned Residential Development) of this title.

C.

All Other Development Standards. For projects within the city, the standards for each zoning district shall be followed. For projects that cross jurisdictional boundaries, the El Monte portion shall follow the standards of the city.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Sign Area. The area of an individual sign shall be calculated as follows:

1.

Single-Faced Signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles (consisting of horizontal and vertical lines and no more than twelve (12) corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in the sign area, provided they contain no lettering or graphics except for addresses or required tags.

2.

Double-Faced Signs. Where two (2) faces of a double-faced sign are parallel, or less than an interior angle of forty-five (45) degrees or less from one another, the sign area shall be computed as the area of one face. Where the two (2) faces are not equal in size, the larger sign face shall be used. Where two (2) faces of a double-faced sign are located more than forty-five (45) degrees from one another, both sign faces shall be counted toward sign area.

Multi-Faced Signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two (2) faces (the largest and smallest face) shall be summed to determine sign area. In all other situations involving a sign with three (3) or more sides, sign area shall be calculated as the sum of all faces.

4.

Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of two (2) adjacent sides of the smallest cuboid that will encompass the sign.

B.

Sign Height. The height of a sign is the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign.

C.

Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

D.

Building Frontage. Building frontage is the building facade that directly abuts a public street, private street or on-site parking area. For buildings with two (2) or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

E.

Refer to Figure 17.12-5 for information in a graphics form:

==> picture [201 x 179] intentionally omitted <==

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)