Chapter 17.22 — COMMERCIAL ZONES GENERALLY

The following regulations shall be applicable to all properties and uses on any commercial (C) zoned lots.

(Prior code § 9237.1)

17.22.020 - Development standards—Lot area, width and depth.

Refer to Exhibit 17.22.020 Commercial Development Standards.

(Prior code § 9237.2 (A))

EXHIBIT 17.22.020

COMMERCIAL DEVELOPMENT STANDARDS

In addition to the following regulations, each lot or parcel of land in the C zones shall have and maintain off-street parking as prescribed in Chapter 17.52 of this code, Off-Street Parking Regulations. Any use with a gross floor area over six thousand square feet which requires deliveries or shipments must provide off-street loading facilities in accordance with the following requirements:

A.

Required Spaces. Off-street loading spaces shall be provided on the same lot with every building or separate occupancy as follows:

B.

Size. Each off-street loading space shall be not less than twelve feet in width and thirty feet in length and fifteen feet in height. Uses requiring four or more spaces shall have one quarter (twenty-five percent) of the spaces with a minimum width of fourteen feet and a minimum length of sixty feet.

C.

Location. Off-street loading facilities shall be located so that vehicles shall not extend on to public sidewalks or streets or required driveways in the course of loading or unloading goods.

(Prior code § 9237.2 (B))

Each lot or parcel shall be provided with facilities for the temporary storage and collection of trash, rubbish and garbage (hereafter "facilities") in accordance with all of the following:

A.

Such facilities may be located within a building, or, if in the open, shall be enclosed by a masonry wall architecturally compatible with the main building and including a solid gate.

B.

Where bulk-type trash containers are used, the same shall be fitted with rubber wheels for ease of movement.

C.

All trash, rubbish and garbage receptacles and surrounding areas shall be regularly cleaned and maintained.

D.

All containers shall be of substantial construction and provided with tight-fitting lids.

E.

All trash storage areas shall be located for convenient vehicular access for pickup and disposal.

F.

Trash areas in setbacks abutting residential zones are prohibited.

(Prior code § 9237.2 (C))

Each lot or parcel which has mechanical equipment or utilities or similar machinery located outside of the exterior walls of any building (except window-mounted devices), including roof-mounted equipment, shall:

A.

Completely screen all such devices from view from any public right-of-way or adjacent residential uses by either view-obscuring landscaping, or architectural features compatible with the main structure(s);

B.

Maintain all such devices to prevent collection of litter and to avoid unnecessary noise.

(Prior code § 9237.2 (D))

17.22.060 - Development standards—Signs.

Signs shall be in compliance with Chapter 17.62 of this code.

(Prior code § 9237.2 (E))

Storage shall be limited to accessory storage of commodities sold at retail or utilized in the conduct of a permitted use which is located on the premises. Storage must be within a completely enclosed building, except that vehicles and equipment used in the operation of a permitted use may be stored outdoors on the premises in the C-M zone.

(Prior code § 9237.2 (F))

17.22.080 - Development standards—Setbacks, buffering and screening.

A.

Minimum setbacks are shown on Exhibit 17.22.080 (A), Setback Requirements for Commercial Zones.

B.

Landscaping is required throughout all required setbacks which abut residential property and throughout all other setbacks and open areas which are visible from the public street right-of-way unless used for parking, access or loading.

C.

A solid wall or decorative building facade must be constructed along all property lines abutting residential property. Such fences or walls must be a minimum of six feet in height. Any solid fence which is constructed within twenty feet of a street right-of-way may not exceed three feet in height.

D.

All fences or walls shall be of materials and design architecturally compatible with the main building.

E.

There shall be no height limit on fences or walls on commercial properties adjacent to residential properties except where the property is adjacent to a residentially-zoned front yard, the fence or wall shall be no more than three feet in height.

F.

1.

If there is a common side or rear lot with residentially-zoned property, the commercially-zoned property must have a solid decorative (on both sides) wall. A wall shall be considered decorative if it incorporates architectural

variation on its surface. That is, every six feet the materials or patterns of the wall shall vary.

2.

In addition, the facade of such wall which faces the residential property shall be of a material as described in Section 17.10.130 (D).

(Prior code § 9237.2 (G))

EXHIBIT 17.22.080 (a)

SETBACK REQUIREMENTS FOR COMMERCIAL ZONES

• Note: The required yard setback shall be increased to twenty feet for any yard where the driveway enters.

A.

Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaped areas when installed. Plant materials shall cover the designated planting areas from the outset.

Shrubs shall be not less than three feet in height when planted and cover not less than thirty percent of the landscaped area.

2.

Trees shall be planted at a rate of one tree for each twenty linear feet of landscaped area (excluding parking lots). Trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain a mature overall height of at least fifteen feet. Of each five required trees, one shall be at least fifteen feet in overall height when planted.

B.

All landscaping shall be maintained in a neat, clean and healthful manner. To that end, each landscaped area shall be provided with a permanent, underground, automated irrigation system.

C.

Nonliving material shall not be substituted for required landscaping, except that decorative rocks or stones may be substituted for groundcover where trees and shrubbery are sufficiently dense, (that is, cover at least seventy percent of the landscape area when planted).

D.

A landscape plan (including plans for a permanent underground automated irrigation system) shall be submitted with the site plan for all commercial development. All landscaping and trees shall be approved by the city planning division, and installed prior to the issuance of a certificate of occupancy.

E.

1.

Where a parking lot is visible from a public street, and lies within fifty feet of that street right-of-way, a five-foot deep landscape strip shall be developed adjacent to the street right-of-way in front of the parking lot.

2.

In addition, if more than ten automobile parking spaces exist on a C-zoned lot or parcel of land, trees shall be provided internally in the lot in the amount of one tree for each ten parking spaces. The trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain an overall height at maturity of at least fifteen feet.

F.

All landscaping provided in conjunction with the development of parking facilities serving commercially-zoned properties shall be surrounded by a continuous six-inch concrete curb.

(Prior code § 9237.2 (H))

17.22.100 - Development standards—Building materials.

A.

A building facade shall be considered decorative if it incorporates architectural variations on its surface. That is, for every six feet in height, an additional surface material or color shall be used.

B.

Metal buildings are prohibited (except for emergency equipment and supply shelters).

C.

Fence materials shall be wrought iron, slump stone, split-face rock, brick, stucco or a similar material as approved by the planning division. (Chain link fencing and nondecorative masonry walls are permitted except where visible from and parallel to public streets or along property lines that adjoin residential property).

D.

Security gates or grills are prohibited on the exterior of windows, doors or other entry ways visible from the public right-of-way.

E.

All exterior building materials are subject to review by the planning division.

(Prior code § 9237.2 (I))

A.

The purposes of this section are to establish exterior color standards for structures in the commercial zone to ensure that such structures (except those structures used solely for residential purposes) remain compatible and consistent with surrounding development and the desired character of the community, to promote a positive and attractive business environment in the city and to implement the goals and policies of the city's design guidelines. Providing for exterior color standards will create a sense of aesthetic harmony and encourage higher quality development, therefore improving the quality of life and overall image of the city. For purpose of this section, the term "structures" shall refer solely to the following: buildings, accessory buildings, and fences.

B.

Consistent with the city of Montebello's design guidelines for commercial development, the primary body color of the exterior of a structure in the commercial zone shall be painted or colored in earth tones and neutral colors. Examples of earth tone or neutral colors include off-whites, siennas, light greys, beiges, tans, browns or other similarly subdued tones, shades, or colors. When choosing exterior colors, consideration shall be given to the color of other structures nearby, with the objective being that the exterior colors of adjacent or surrounding structures complement one another.

C.

While earth tones and neutral colors shall serve as the dominant overall primary body color of the exterior of a structure within the commercial zone, brighter colors may be used to accent other structural elements such as doors, window frames and other architectural features. Neon colored paint shall not be allowed on any structure. Such brighter colors and the placement of such brighter colors shall complement the primary body color of the

structure as well as highlight decorative details, such as ornaments, trims, fascias, inlays, tile, ironworks, awnings and other architectural features of the structure.

D.

These color standards shall apply to the color of new structures in the commercial zone as well as the re-painting and color of existing structures in the commercial zone. For purposes of this section, "existing structures" shall mean any structure (whether occupied or vacant) located in the commercial zone which is built and in existence prior to the effective date of this section of the zoning code.

E.

Any property owner or designated representative of the owner of any existing structure in the commercial zone whose existing exterior color(s) do not comply with the color standards set forth herein at the time this section becomes effective shall have eighteen months from the effective date of this section to comply with the provisions herein. Moreover, if an existing structure in the commercial zone is re-painted after this section becomes effective and the color(s) used do not conform to these color standards, it shall be subject to code enforcement for compliance.

F.

Exterior Colors—Existing Structures.

1.

Permits shall be required to re-paint the exterior of any existing structure in the commercial zone, provided that no fee shall be charged by the city of Montebello for processing or obtaining the permit. In order to obtain the permit to re-paint the existing structure, the property owner or designated representative of the owner of any existing structure in the commercial zone shall submit the proposed exterior color plan to the city's planning division in order to determine if the color plan complies with the color standards set forth herein. For purpose of this section, the terms "exterior color plan," "color plan" or "color plans" shall all refer to any document or rendering describing or depicting the exterior colors to be used on the structure, including but not limited to, a color and materials board or exterior paint color samples. A good faith effort in achieving color compatibility and harmony with adjacent structures is required by all applicants. The planning division shall review and make a determination regarding the proposed color plan. If the color plan is approved by the planning division, a permit shall thereafter be issued to the property owner or designated representative of the owner of the existing structure. If the color plan is not approved by the planning division, the matter may be appealed to the design review board with no fee assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans. The decision of the design review board is final.

2.

With respect to administrative projects other than re-painting of existing structures in the commercial zone, the exterior color plans shall be reviewed by the planning division for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to the design review board. No fee shall be assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or

that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the commercial zone. The decision of the design review board shall be final.

3.

With respect to discretionary projects (or projects requiring planning commission or city council review) involving existing structures in the commercial zone, the exterior color plans shall be reviewed by the design review board for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior color plan by the design review board may appeal the matter to the city council and pay the requisite fee for the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The city council shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the commercial zone. The decision of the city council shall be final.

G.

Exterior Colors—New Structures.

1.

Exterior colors to be used on new structures in the commercial zone shall be reviewed either by the planning division or the design review board as part of its general review process for administrative or discretionary projects. Exterior color review shall be required upon request for any permit or other type of building or land use entitlement required by this code with respect to the construction or development of any new structure in the commercial zone. Proposed color plans shall be provided by the applicant as required by the planning division or the design review board. A good faith effort in achieving color compatibility and harmony with adjacent structures is required of all applicants.

2.

With respect to administrative projects, the planning division shall review the proposed color plans. Any applicant objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to design review board with no fee assessed upon the applicant for purpose of the appeal. For purpose of appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. With respect to discretionary projects, the planning division shall present the exterior color plans to the design review board. The design review board shall review the proposed color plans and determine compliance with the color standards herein. In reviewing the proposed color plans, the design review board can approve, approve with conditions, or deny the proposed color plans. If the proposed color plans are not approved by the design review board, the applicant can modify the proposed color plans and resubmit them to the design review board, or appeal the matter to the city council within fourteen days of the design review board's action, or the next city council meeting, whichever is sooner. The decision of the city council regarding the appeal of the design review board's determination shall be final.

(Ord. 2246 § 2002)

A.

Every use shall be so operated that the noise inherent and recurrently generated does not exceed the following levels at the lot line of the lot on which the use is located:

2.

Every use in the C-R and C-1 zones shall be so operated that the noise inherently and recurrently generated does not exceed sixty dBA between seven a.m. and nine p.m. and fifty-five dBA between ten p.m. and seven a.m. when adjacent to a residential zone.

B.

It is unlawful for any person or any property to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed:

1.

The noise standard for a cumulative period of more than thirty minutes in any hour; or

2.

The noise standard plus five dBA for cumulative period of more than fifteen minutes in any hour; or

3.

The noise standard plus ten dBA for a cumulative period of more than five minutes in any hour; or

4.

The noise standard plus fifteen dBA for a cumulative period of more than one minute in any hour; or

5.

The noise standard plus twenty dBA for any period of time.

C.

For the purpose hereof, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as noise level for the entire cumulative period of the noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative period of the noise.

(Prior code § 9237.2 (J))

All uses, including storage, shall be in a completely enclosed building, except as otherwise permitted in this chapter.

(Prior code § 9237.3 (part))

All permitted sales shall be limited to retail sales only (C-1 and C-2 only).

(Prior code § 9237.3 (A))

Materials which might cause fumes or dust, which constitute a fire hazard, or which are edible by or attractive to rodents or insects shall be stored only in closed containers.

(Prior code § 9237.3 (B))

17.22.150 - Limitations on permitted uses—Outdoor sales areas.

Permitted outdoor sales areas shall be improved and maintained to comply with all of the regulations of Chapter 17.52 of this code for the improvement and maintenance of off-street parking areas. All permitted outdoor sales and/or display areas visible from the public right-of-way shall be separated from the public right-of-way by a minimum of a ten-foot wide landscape planter located adjacent to the street facing property lines. In addition a minimum of five percent of such lot area used for outdoor sales or display shall be landscaped in accordance with Section 17.22.090 of this code.

(Ord. 2120 § 5, 1995: prior code § 9237.3 (C))

17.22.160 - Limitations on permitted uses—Temporary uses.

Those temporary uses permitted pursuant to Appendix A, Index of Permitted Uses and to Chapter 12.16 of this code, temporary uses.

(Prior code § 9237.3 (D))

17.22.170 - Limitations on permitted uses—Conditional uses.

Those conditional uses permitted pursuant to Appendix A, Index of Permitted Uses. (See Chapter 17.70 of this code, Conditional Use Permits.)

(Prior code § 9237.3 (E))

All plans for buildings or structures, other than single-family residential units, proposed to be located upon properties included in the district, shall be submitted to the planning commission and city council for review and approval prior to the issuance of a building permit. (See Chapter 17.40 of this code.)

(Prior code § 9237.3 (F))

A.

In the general commercial zone, restaurants may stay open between twelve a.m. and seven a.m. only with an extended hours permit. In the C-1 zone, take-out food establishments may stay open between nine p.m. and seven a.m. only with an extended hours permit.

B.

An application for an extended hours permit must be made by the person intending to operate the restaurant in question. The application must be signed by the restaurant operator and must be filed with the city license collector using a standardized form containing the following information:

1.

The address of the restaurant for which the application is being submitted;

2.

The name and address of the owner(s), partners, officers or directors of the business;

3.

The name and address of the applicant;

4.

The intended hours of operation;

5.

The name and address of any person in charge of the business during the hours between twelve a.m. and seven a.m.

C.

1.

Upon receipt of an application for an extended hours permit, the license collector shall forward the application to the special services officer who will initiate a request for an investigation of the applicant, the business, and the neighborhood by the police department.

2.

Within thirty days from receipt of the application, the special services officer will issue the permit if it can be found that:

a.

The application is complete and in proper form and all information provided is accurate and true;

b.

The proposed extended hours of operation will not create a public nuisance infringing on the peace and safety of nearby businesses and residents;

c.

That the extended hours of operation do not conflict with any state or local law, ordinance or existing permit.

2.

If the special services officer cannot make one or more of the findings stated in subdivision 1 of this subsection, the permit request cannot be approved. In such case, the applicant may request a city council hearing on the application. Pending testimony at a public hearing before the city council, the council may issue the permit and may impose special conditions on the permit.

D.

Extended hours permits are not transferable.

E.

Extended hours permits must be renewed on an annual basis. An application form as described must be completed and submitted with the annual business license. The license collector will forward the application to the special services officer to be reviewed for changes or problems which may have occurred during the previous year. Within thirty days, the special services officer will either issue the permit renewal or inform the applicant by certified mail that the permit has been denied.

F.

At any time that it becomes apparent to the special services officer or to the chief of police that an existing permit is in violation of one or more findings stated herein, a hearing before the city council may be scheduled. Pending public testimony, the city council may revoke, suspend, or place special conditions on the permit in question. In no case shall the city council revoke or place permanent special conditions on a permit without a public hearing. However, the city council may suspend or place temporary conditions on a permit at any time. Notice of such suspension must be given to the applicant by certified mail within five days after the city council action.

(Prior code § 9237.3 (G))

Motels and hotels are permitted in the C-2 and C-M zones, provided the following conditions are met:

A.

All motel/hotel projects shall have a minimum of forty units;

B.

The site for a motel or hotel development must be at least three hundred feet away from residentially-zoned property;

C.

A motel or hotel may not be rented for a single period less than twenty-four hours nor more than thirty days;

D.

Each motel or hotel unit must be at least two hundred twenty-five square feet in size including the restroom and shall provide the following amenities: telephone, television, wall-to-wall carpeting;

E.

Motel and hotel sites shall provide a ten-foot-wide landscape strip along all street frontages; and

F.

All facades of motel and hotel buildings shall be decorative, using three or more different surface materials, textures and colors.

(Prior code § 9237.3 (H))

17.22.210 - Issuance of building permits for lots abutting a narrow street.

No building permit shall be issued for the construction, reconstruction or relocation of any building or structure to be located on any lot in this zone, abutting upon a street having a lesser width than established by resolution of the city council unless the following requirements are complied with:

A.

Dedication of Street Right-of-Way. When the building permit valuation is fifteen thousand dollars or more, the owner of such lot shall make a formal offer of dedication to the city for public street purposes, and all appurtenant uses, of a depth equal to one-half of the width of the street as described by resolution of the city council.

B.

Setbacks. The required setback shall be maintained in this zone for all buildings, structures and improvements including off-street parking as measured from the right-of-way width established by resolution of the city council.

C.

Off-Site Improvements. When the building permit valuation is seven thousand five hundred dollars, any building permit shall be subject to provide improvements for curb, gutter and sidewalk in compliance with Section 15.04.070.

(Prior code § 9237.4)

Chapter 17.24 - C-R COMMERCIAL RESTRICTED ZONE

The C-R zone is established to provide areas for professional offices and related uses close to residential areas. This zone permits the development of light traffic generating uses to be located on heavily traveled street or

highway frontages. It is intended that the use will be housed in buildings similar to residential uses, and generate substantially the same levels of traffic, noise, light, etc., as residential uses.

(Prior code § 9238.1)

Uses permitted in the commercial restricted (C-R) zone shall be those professional offices or limited retail services which are similar in traffic, noise, odors, etc., generation to residential uses. Hours of operation shall be limited to seven a.m. to six p.m.:

A.

Principal uses:

1.

See Appendix A, Index of Primary Uses, for specific uses allowed in a C-R zone;

B.

Accessory uses:

1.

Accessory uses, buildings or structures, including parking lots, private garages and carports.

(Prior code § 9238.2)

Chapter 17.26 - C-1 NEIGHBORHOOD COMMERCIAL ZONE

The C-1 zone is established to provide for certain commercial and professional office uses adjacent to and serving the surrounding residential neighborhoods. Uses which would create unnecessary noise and traffic congestion within the neighborhood, such as service stations, drive-up or drive-through facilities, bars and outdoor sales, are not permitted.

(Prior code § 9239.1)

Uses permitted in the neighborhood commercial (C-1) zone shall generally be low-traffic professional offices, limited retail sales (hours of operation between seven a.m. and nine p.m.), personal and professional services, medical offices, and child care centers. Take-out food establishments may operate after nine p.m. only with an after-hours permit. (Refer to Section 17.22.190.)

A.

Principal uses:

See Appendix A, Index of Primary Uses, for specific uses permitted in the C-1 zone;

B.

Accessory uses:

1.

All accessory uses and structures incidental to the principal use.

(Prior code § 9239.2)

Chapter 17.28 - C-2 GENERAL COMMERCIAL ZONE

The C-2 zone is established to provide for business centers in areas where a wide range of retail sales and service establishments are needed to accommodate the surrounding community.

(Prior code § 9240.1)

Uses permitted in the general commercial (C-2) zone shall generally be those with higher traffic and longer hours such as retail sales, medical and professional offices, general office, as well as service stations and automobile sales yards subject to conditional use permits:

A.

Principal uses:

1.

See Appendix A, Index of Primary Uses, for specific uses allowed in the C-2 zone;

B.

Accessory uses:

1.

All accessory uses and structures incidental to the permitted primary use,

2.

Automobile service and garages when repair is incidental to the operation of a permitted automobile service station or auto sale use and; provided, that all repair work is conducted within an enclosed building,

3.

Outdoor vending subject to a conditional use permit and the following limitations:

a.

Primary business must have at least thirty thousand square feet of floor area,

b.

Primary business must be located at least eighty feet from a public street,

c.

Vending operations must be located immediately adjacent to the primary business' building,

d.

Vending operations may be conducted only during hours in which the primary business is in operation,

e.

The primary business to which the vending operations are accessory must be at least one thousand feet away from any other business which has outdoor vending operation(s);

4.

Dancing, pool and billiard tables and amusement games machines which are accessory to restaurants, cafes, bars and cocktail lounges; provided, that the accessory uses are limited to a maximum usage of twenty-five percent of the total floor area used by the primary use,

5.

Dry cleaning plants accessory to a retail dry cleaning agency located on the same premises, excluding carpet cleaning,

6.

Retail sale of used articles taken as trade-in on the sale of new articles when such new articles are sold from the premises,

7.

Dwellings; provided, that only those portions of a building located above the ground floor may be used for dwelling purposes, and that the dwellings are occupied only by persons employed on the premises or by the owner of the property. Front and side yard requirements are not applicable to these dwellings.

(Prior code § 9240.2)

Chapter 17.30 - C-M HEAVY COMMERCIAL—LIMITED INDUSTRIAL ZONE

The C-M zone allows for all commercial activities and some limited industrial uses. This zone is intended to provide for commercial uses which are not conductive to a central business district. These uses include wholesaling and the sale of used articles and nonconsumer products such as large medical equipment and burial caskets. This zone is also intended to provide for various types of workshop-oriented uses such as auto repair and jewelry, candy and optical manufacturing.

(Prior code § 9241.1)

Uses permitted in the heavy commercial—limited industrial (C-M) zone shall generally include research and development, industrial services, laboratories, kennels and veterinarians, wholesale greenhouses, equipment repair and servicing including automobile repair and body shops (including those that involve repair work requiring open flame, welding or use of highly flammable liquids), and similar uses:

A.

Principal uses:

1.

See Appendix A, Index of Primary Uses, for specific uses allowed in a C-M zone;

B.

Accessory uses:

1.

All accessory uses and structures incidental to permitted primary uses,

2.

Caretaker dwellings. For commercial uses the caretaker dwelling must be on the second floor,

3.

Vehicles and equipment used in the operation of a permitted use which is located on the premises may be stored outdoors on the premises.

(Prior code § 9241.2)

Chapter 17.32 - MANUFACTURING ZONES GENERALLY

The following regulations shall be applicable to all properties and uses in the M-1 and M-2 zones.

(Prior code § 9243.1)

The property development standards set forth here shall apply to all land in the M-zones.

(Prior code § 9243.2 (part))

"Security opening" means security openings in any fencing or landscaping required hereunder, not exceeding four feet in width, at locations shown on an approved site development plan. Security openings shall be

protected with an approved ornamental iron or galvanized cyclone fencing.

"View-obscuring fence" means:

A.

A solid masonry wall; or

B.

An approved ornamental iron fence maintained together with view-obscuring landscaping or chain link fence with landscaping on the outside of the chain link fence; or

C.

Any other type of fencing, constructed of noncombustible material, with view-obscuring landscaping on the street side thereof, or, if not visible from the public right-of-way, then landscaping is not required. Such fencing shall be uniformly painted and maintained in such condition on all sides of such fencing visible from any abutting street; or

D.

Any combination of the preceding, if first approved by a site development plan.

(Prior code § 9243.2(J))

17.32.040 - Development standards—Lot area, width and depth.

Determined on a case-by-case basis, a development site plan is required for the creation of any new lot. Any existing lot which is legal at the time this section is adopted can be developed in accordance with other provisions herein.

(Prior code § 9243.2 (A))

17.32.050 - Development standards—Off-street parking and loading.

Each lot or parcel of land shall have and maintain off-street parking and loading as prescribed in Chapter 17.52 of this code, off-street parking and loading regulations.

(Prior code § 9243.2 (B))

Each lot or parcel of land shall be provided with facilities for the temporary storage and collection of trash and rubbish (hereafter "facilities"), in accordance with the following:

A.

Such facilities may be located within a building, or, if in the open, shall be enclosed by a view-obscuring wall or fence.

B.

All thrash, rubbish, garbage receptacles and surrounding areas shall be regularly cleaned and maintained in a safe and sanitary condition. All containers shall be of substantial construction and provided with tight-fitting lids.

C.

All trash storage areas shall be located for convenient vehicular access for pickup and disposal.

(Prior code § 9243.2 (C))

Mechanical equipment or utilities or similar machinery located outside of the exterior walls of any building (except window-mounted devices), including roof-mounted equipment, shall be:

A.

Completely screened (M-1 zone), and completely screened from any public right-of-way (M-2 zone) by use of either:

1.

View-obscuring landscaping; or

2.

Architectural features compatible with the main structure(s).

B.

Maintained in a clean and proper condition to prevent collection of litter and to avoid unnecessary noise.

(Prior code § 9243.2 (D))

17.32.080 - Development standards—Signs.

Each lot or parcel may have signs and sign structures, provided the same are constructed and maintained in accordance with the provisions of Chapter 17.52 of this code, sign regulations.

(Prior code § 9243.2 (E))

17.32.090 - Development standards—Setbacks, buffering and screening.

A.

Minimum setbacks are shown on Exhibit 17.32.090, Setback Requirements for Industrial Zones.

B.

For any lot or parcel developed after the effective date of this section (11/22/89), the area between the principal building (including an imaginary line extending from the front facade of that building to the side lot lines) and the public street shall be used only for accessory buildings, recreational areas, landscaping, driveways, an improved parking lot or pedestrian access.

C.

A solid masonry wall a minimum of six feet in height shall be constructed along all property lines abutting commercially or residentially zoned property (except that in the required front yard setback a three-foot masonry wall shall be constructed and additional nonview-obscuring wrought iron fencing at least three feet in height may be placed on top of the three-foot wall).

(Prior code § 9243.2 (F))

EXHIBIT 17.32.090

SETBACK REQUIREMENTS FOR INDUSTRIAL ZONES

ILLUSTRATION

FRONT OR STREET SIDEYARD SETBACK— VEHICLE ACCESS DIRECTLY INTO BUILDING

==> picture [202 x 149] intentionally omitted <==

17.32.100 - Development standards—Landscaping.

A.

Landscaping is required throughout required setbacks and other open areas which are visible from the public right-of-way and which are not used for parking, access or loading.

B.

Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaped areas when installed.

C.

All landscaping shall be maintained in a neat, clean and healthful manner. Each landscaped area shall be provided with a permanent, underground, automated irrigation system.

D.

Nonliving material shall not be substituted for required landscaping, except that decorative rocks or stones may be substituted for groundcover where trees and shrubbery are sufficiently dense.

E.

If a parking lot or loading area is visible from and is located within fifty feet of the street, it shall be separated from the right-of-way by a landscaped strip that is a minimum of five feet wide and located adjacent to the rightof-way.

F.

If a parking lot has more than ten spaces, five percent of the parking lot area must be landscaped in addition to the requirements of subsection E of this section. If the parking lot is enclosed or is not visible from the public right-of-way, this landscaping may be transferred to any visible location on the site.

G.

A landscape plan (including plans for a permanent underground automated irrigation system) shall be submitted with site plan for all development. All landscaping and trees shall be approved by the city planning division, and installed prior to the issuance of a certificate of occupancy.

H.

One tree shall be provided for each twenty lineal feet of landscaping. The trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain an overall height at maturity of at least fifteen feet.

(Prior code § 9243.2 (G))

The height of buildings shall be unlimited except if the lot abuts a residential zone, then the maximum height shall be thirty-five feet, or twenty-five feet if the building is within fifteen feet of the residential property line.

(Prior code § 9243.2 (H))

The ratio of floor area to lot size shall be a maximum of three-to-one in the M-1 zone and a maximum of two-toone in the M-2 zone.

(Prior code § 9243.2 (I))

17.32.130 - Development standards—Building and fencing materials.

A.

A building facade or wall over six feet in height shall be considered decorative if it incorporates architectural variation on its surface. That is, for every six feet in height, an additional surface material or color shall be used.

B.

No buildings may have exterior metal walls which are not covered by decorative siding or veneer (e.g., masonry block or wood or stucco) unless such walls are not visible from the public right-of-way or commercially or residentially zoned property. Exterior metal building walls which are not visible per the above preceding must conform to Exhibit 17.32.130 (B). However, buildings used for emergency equipment and supply storage are exempted from this provision.

C.

In no event shall chain link or any other sheet metal or sheet fiber glass/plastic fencing be used parallel to and visible from abutting streets unless completely screened by landscaping.

(Prior code § 9243.2 (K))

EXHIBIT 17.32.130 (B)

GENERAL STANDARDS FOR METAL PANELS AND COATINGS

A.

All metal wall panels shall be 6 - 90 hot-dipped galvanized steel, and shall not be less than 24 gauge in thickness. All panels and exposed fasteners shall be coated at the factory with products meeting the following specifications:

1.

Colors shall not change more than 5E (hunter) units (per ASTM D-224) for a period of 20 years.

2.

Colors shall not chalk more than a 7 rating (per ASTM D-659) for a period of 20 years.

3.

Coatings shall not peel, crack, check or chip for a period of 20 years.

B.

The following panels illustrated are the only type panels permitted to be used as replacement for existing metal panels:

1.

Embossed architectural panels with concealed fasteners.

==> picture [422 x 69] intentionally omitted <==

2.

Flat 12-inch panels with grooves and concealed fasteners.

==> picture [216 x 70] intentionally omitted <==

3.

Flat 12-inch panels with concealed fasteners.

==> picture [191 x 59] intentionally omitted <==

Type "A" panels.

==> picture [200 x 58] intentionally omitted <==

5.

Vee-rib architectural panels with semiconcealed fasteners.

==> picture [203 x 58] intentionally omitted <==

Shadow-line panels.

==> picture [300 x 80] intentionally omitted <==

Box-rib panels.

==> picture [203 x 80] intentionally omitted <==

Bold-line panels.

==> picture [253 x 80] intentionally omitted <==

C.

No wall may be constructed or reconstructed using any metal other than those listed and illustrated in subsection B of this exhibit. The S-type galvanized corrugated metal panels illustrated below are specifically prohibited.

D.

Any metal building which is granted an exception under the provisions of Exhibit 6, above, must comply with the following:

1.

Planning and community development department would survey building to determine if and to what extent repairs to existing panels are necessary;

2.

Owner must do work in accordance with written specifications of the city and must use a licensed contractor and approved paint;

3.

Must obtain a building permit.

17.32.135 - Development standards—Color.

A.

The purposes of this section are to establish exterior color standards for structures in the manufacturing zone to ensure that such structures (except those structures used solely for residential purposes) remain compatible and consistent with surrounding development and the desired character of the community, to promote a positive and attractive industrial or manufacturing environment in the city and to implement the goals and policies of the city's design guidelines. Providing for exterior color standards will create a sense of aesthetic harmony and encourage higher quality development, therefore improving the quality of life and overall image of the city. For purpose of this section, the term "structures" shall refer solely to the following: buildings, accessory buildings, and fences.

B.

Consistent with the city of Montebello's design guidelines for industrial development, the primary body color of the exterior of a structure in the manufacturing zone shall be painted or colored in earth tones and neutral colors. Examples of earth tone or neutral colors include off-whites, siennas, light greys, beiges, tans, browns or other similarly subdued tones, shades, or colors. When choosing exterior colors, consideration shall be given to the color of other structures nearby, with the objective being that the exterior colors of adjacent structures complement one another.

C.

While earth tones and neutral colors shall serve as the dominant overall primary body color of the exterior of a structure in the manufacturing zone, brighter colors may be used to accent other structural elements, such as doors, window frames and other architectural features. Neon colored paint shall not be allowed on any structure. Such brighter colors shall complement the primary body color of the structure as well as highlight decorative details, such as ornaments, trims, fascias, inlays, tile, ironworks, awnings and other architectural features of the structure.

D.

These color standards shall apply to the color of new structures in the manufacturing zone as well as the repainting and color of existing structures in the manufacturing zone. For purposes of this section, "existing structures" shall mean any structure located in the manufacturing zone which is built and in existence prior to the effective date of this section of the zoning code.

E.

Any property owner or designated representative of the owner of any, existing structure in the manufacturing zone whose existing exterior color(s) do not comply with the color standards set forth herein at the time this section becomes effective shall have eighteen months from the effective date of this section to comply with the provisions herein. Moreover, if an existing structure in the manufacturing zone is re-painted after this section becomes effective and the color(s) used do not conform to these color standards, it shall be subject to code enforcement for compliance.

F.

Exterior Colors—New Structures.

Permits shall be required to re-paint the exterior of any existing structure in the manufacturing zone, provided that no fee shall be charged by the city of Montebello for processing or obtaining the permit. In order to obtain the permit to re-paint the existing structure, the property owner or designated representative of the owner of any existing structure in the manufacturing zone shall submit the proposed exterior color plan to the city's planning division in order to determine if the color plan complies with the color standards set forth herein. For purpose of this section, the terms "exterior color plan," "color plan" or "color plans" shall all refer to any document or

rendering describing or depicting the exterior colors to be used on the structure, including but not limited to, a color and materials board or exterior paint color samples. A good faith effort in achieving color compatibility and harmony with adjacent structures is required by all applicants. The planning division shall review and make a determination regarding the proposed color plan. If the color plan is approved by the planning division, a permit shall thereafter be issued to the property owner or designated representative of the owner of the existing structure. If the color plan is not approved by the planning division, the matter may be appealed to the design review board with no fee assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans. The decision of the planning commission is final.

2.

With respect to administrative projects other than re-painting of existing structures in the manufacturing zone, the exterior color plans shall be reviewed by the planning division for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the manufacturing zone objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to the design review board. No fee shall be assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The planning commission shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the manufacturing zone. The decision of the design review board shall be final.

3.

With respect to discretionary projects (or projects requiring planning commission or city council review) involving existing structures in the manufacturing zone, the exterior color plans shall be reviewed by the design review board for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the manufacturing zone objecting to a determination or disapproval of the exterior color plan by the design review board may appeal the matter to the city council and pay the requisite fee for the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The city council shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the manufacturing zone. The decision of the city council shall be final.

G.

Exterior Colors—Existing Structures.

1.

Exterior colors to be used on new structures in the manufacturing zone shall be reviewed either by the planning division or the design review board as part of its general review process for administrative or discretionary

projects. Exterior color review shall be required upon request for any permit or other type of building or land use entitlement required by this code with respect to the construction or development of any new structure in the manufacturing zone. Proposed color plans shall be provided by the applicant as required by the planning division or the design review board. A good faith effort in achieving color compatibility and harmony with adjacent structures is required of all applicants.

2.

With respect to administrative projects, the planning division shall review the proposed color plans. Any applicant objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to design review board with no fee assessed upon the applicant for purpose of the appeal. For purpose of appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. With respect to discretionary projects, the planning division shall present the exterior color plans to the design review board. The design review board shall review the proposed color plans and determine compliance with the color standards herein. In reviewing the proposed color plans, the design review board can approve, approve with conditions, or deny the proposed color plans. If the proposed color plans are not approved by the design review board, the applicant can modify the proposed color plans and resubmit them to the design review board, or appeal the matter to the city council within fourteen days of the design review board's action, or the next city council meeting, whichever is sooner. The decision of the city council regarding the appeal of the design review board's determination shall be final.

(Ord. 2246 § 2, 2002)

All uses shall be conducted within a completely enclosed building, or within an enclosed outdoor area which is entirely screened by view-obscuring fence.

(Prior code § 9243.3 (part))

17.32.150 - Limitations on permitted uses—Outdoor uses.

A.

For new development, outdoor storage shall be prohibited between the front of the principal building(s) and the public street which abuts the principal building(s).

B.

Outdoor storage areas shall be completely screened by walls, fences, or landscaping so that they are not visible from the public right-of-way (M-1 and M-2 zones) or from abutting and adjacent properties (M-1 zone).

C.

All outdoor uses areas shall be surfaced with not less than three inches of asphalt or concrete in compliance with the requirements of Chapter 17.52 of this code.

D.

No materials or wastes shall be stored in such a manner that they may be transferred off the lot by natural causes.

E.

Materials which might cause fumes or dust, which constitute a fire hazard, or which are edible by or attractive to rodents or insects shall be stored only in tightly-closed containers in required enclosures or buildings.

F.

All permitted outdoor sales and/or display areas visible from the public right-of-way shall be separated from the public right-of-way by a minimum of a ten-foot wide landscape planter located adjacent to the street facing property lines. In addition a minimum of five percent of such lot area used for outdoor sales or display shall be landscaped in accordance with Section 17.32.100 of this code.

G.

The following outdoor uses are exempted from subsections A and B of this section:

1.

Drive-in uses;

2.

Restaurants;

3.

Service stations;

4.

Electrical distribution substations;

5.

Horticultural nurseries;

6.

Vehicular parking and sales;

7.

Loading docks; and

8.

Other similar uses where outdoor activity is provided for.

(Ord. 2120 §§ 6, 7, 1995; prior code § 9243.3 (A))

17.32.160 - Limitations on permitted uses—Noise.

A.

Every use shall be so operated that the noise inherently and recurrently generated does not exceed the following levels at the lot line of the lot on which the use is located:

B.

It is unlawful for any person on any property within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed:

1.

The noise standard for cumulative period of more than thirty minutes in any hour; or

2.

The noise standard plus five dBA for a cumulative period of more than fifteen minutes in any hour; or

3.

The noise standard plus ten dBA for a cumulative period of more than five minutes in any hour; or

4.

The noise standard plus fifteen dBA for a cumulative period of more than one minute in any hour; or

5.

The noise standard plus twenty dBA for any period of time.

C.

For the purpose hereof, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as the noise level for the entire cumulative period of the noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding or hammering) shall be included in the cumulative period of the noise.

(Prior code § 9243.3 (B))

Every use shall be so operated that the ground vibration generated at any time and measured at any point along the lot line on which the use is located shall not be perceptible and shall not exceed the following:

(Prior code § 9243.3 (C))

17.32.180 - Limitations on permitted uses—Radioactivity and electrical disturbance.

A.

The use of radioactive materials shall be limited to measuring, gauging and calibration devices, as tracer elements in X-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 by ten to the eleventh power microcuries per milliliter of air at any moment of time. Transportation of radioactive materials shall be only along routes approved by the city council.

B.

Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency. All electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulse or wave which will adversely affect the operation and control of any other electrical or electronic devices and equipment.

(Prior code § 9243.3 (D))

17.32.190 - Limitations on permitted uses—Toxic materials, fire and explosion hazards.

A.

All storage, use and disposal of potentially toxic, flammable, or explosive materials shall utilize safety and fire suppression devices as specified by the fire department.

B.

Prior to obtaining an occupancy permit or business license for any industrial use, a fire department clearance must be obtained. A "risk management plan" must be submitted to and approved by the fire department for any use including the use, storage or creation of any actually hazardous material as defined by Section 6.95 of the California Health and Safety Code (in any amount.)

(Prior code § 9243.3 (E))

Heat, humidity, or other climatic influence from any source, shall not be produced beyond the lot lines of the use.

(Prior code § 9243.3 (F))

No operation, activity or lighting fixture shall create illumination which exceeds .5 footcandles at any point on the lot lines of the use, except as necessary to meet the requirements of Section 15.08.110, security provisions.

(Prior code § 9243.3 (G))

No building permit shall be issued for the construction, reconstruction or relocation of any building or structure to be located on any lot in this zone, abutting upon a street having a lesser width than that established by resolution of the city council unless the following requirements are complied with:

A.

Dedication of Street Right-of-way. When the building permit valuation is fifteen thousand dollars or more, the owner of such lot shall make a formal offer of dedication to the city for public street purposes, and all appurtenant uses, of a depth equal to one-half of the width of the street as described in the city council resolution.

B.

Setbacks. The required setback shall be maintained in this zone for all buildings, structures and appurtenant improvements including off-street parking as measured from the right-of-way width established by resolution of the city council.

C.

Off-Site Improvements. When the building permit valuation is seven thousand five hundred dollars, any building permit shall be subject to provide improvements for curb, gutter and sidewalk in compliance with Chapter 15.04 of this code.

(Prior code § 9243.4)

Chapter 17.34 - M-1 LIGHT MANUFACTURING ZONE

The purpose of the M-1 zone is to provide areas for the establishment of light industrial plants and related activities, and to promote the concentration of such uses in a manner which will foster mutually beneficial relationships within the area, as well as with the areas of the city zoned for heavy industrial development. The regulation of uses necessary to provide the proper environment for the efficient and desirable use of light industrial land, to ensure the availability of adequate infrastructure to serve the permitted uses, to provide the proper safeguards to protect nearby residential, commercial and public uses, to provide an aesthetically pleasant district conducive to good industrial relations, and to attract and encourage the location of desirable light industrial uses.

(Prior code § 9244.1)

Uses permitted in the light manufacturing (M-1) zone generally include all uses in the C-M zone as well as light manufacturing and automotive-related uses. Industrial and equipment services are also permitted.

(Prior code § 9244.2)

(Ord. No. 2342, § 4, 6-22-2011)

1.

Emergency shelters are permitted by right in the Emergency Shelter Overlay Zone. The Emergency Shelter Overlay Zone permits emergency shelters by right within the following designated geographic area. The geographic area where the overlay zone would be applicable is within the M-1 zone located to the North of Date Street, South of Washington Blvd, West of South Greenwood Ave and to the West City Boundary. The following requirements are applicable to the operation of emergency shelters:

a.

The facility must comply with applicable state and local standards and requirements.

b.

The facility must adhere to Federal, state, and local licensing as required for any program incidental to the operation of an emergency shelter.

c.

The facility must comply with applicable state and local housing, building, and fire code requirements.

d.

The facility shall have on-site security during all hours when the shelter is open.

e.

The facility shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

f.

The facility shall provide secure areas for personal property.

g.

Each facility shall provide common kitchen and dining room area adequate for the number of residents serviced.

h.

Each facility shall provide bathroom with lavatory, toilet, and showers adequate for the number of residents serviced.

The facility's capacity shall not exceed forty beds.

3.

The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

4.

Parking. The emergency shelter shall provide on-site parking at a rate of one space per facility staff plus one space per six occupants allowed at the maximum capacity.

5.

A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter.

The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter.

(Ord. No. 2364, § 3, 12-10-2014; Ord. No. 2423, § 4, 5-27-2020)

Chapter 17.36 - M-2 HEAVY MANUFACTURING ZONE

The purpose of the M-2 zone is to preserve the lands of the city appropriate for heavy industrial uses, to promote uniform and orderly industrial development, to create and protect property values, to foster an efficient, and aesthetically pleasant industrial district with infrastructure adequate to the types of uses permitted, to attract and encourage the location of desirable industrial plants, to provide an industrial environment which will be conductive to good employee relations, and to provide proper safeguards and appropriate transition for surrounding land uses.

(Prior code § 9245.1)

The uses permitted in the heavy manufacturing (M-2) zone generally include all uses permitted in the M-1 zone as well as the heavier manufacturing uses.

(Prior code § 9245.2)

(Ord. No. 2342, § 5, 6-22-2011)

Chapter 17.37 - HEAVY TRUCKING USES

The purpose of these regulations is to permit the establishment and operation of new heavy trucking uses subject to applicable operational standards and to provide mandatory improvements and operating standards for existing heavy trucking uses to adequately regulate these uses and ensure that their operations are consistent and compatible with the areas in which they are established.

(Ord. No. 2342, § 6, 6-22-2011; Ord. No. 2475, § 2, 3-27-2024)

17.37.020 - Definitions.

Refer to Chapter 17.08 of this code.

(Ord. No. 2342, § 6, 6-22-2011)

17.37.030 - New heavy trucking uses.

A.

Site Improvements and Operating Standards. All new heavy trucking uses, as defined in Chapter 17.08 of this code, that are established after the effective date of this chapter shall comply with all applicable requirements of this code and the zoning district in which the use is located in addition to the distance requirement of Section 17.37.030.B.

B.

Distance Requirements.

1.

Five Hundred Feet Separation Required. A new heavy trucking use, as defined in Chapter 17.08 of this code, shall not be established on any parcel or lot located within five hundred feet of any residential zone or other sensitive land use. A sensitive land use shall include (i) a public or private kindergarten, elementary, middle, junior high or high school; (ii) a licensed child-care facility or preschool other than a small or large family day care facility; (iii) playground; (iv) youth center; (v) recreational facility; (vi) park; or (vii) library.

2.

How to Measure Operation. The distance between any parcel or lot used for heavy trucking uses and the residential zone or sensitive land uses detailed above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel or lot used for heavy trucking uses to the closest property line of the residentially zoned property, or sensitive land use.

(Ord. No. 2342, § 6, 6-22-2011)

All existing heavy trucking uses at the time this chapter became effective as a result of the adoption of Ordinance No. 2342 on 6-22-2011, without an effective conditional use permit, shall be in compliance with the conditions and requirements described in this chapter. Any existing heavy trucking use in compliance with the conditions and requirements set forth in this chapter shall no longer be considered a nonconforming use, as regulated by Chapter 17.54 of this code. Failure to comply with the requirements of this section by any of the affected parties will result in the enforcement of an abatement order by the city.

1.

Site Improvements and Operating Standards. All existing heavy trucking uses, as identified in the paragraph above, shall demonstrate compliance with applicable standards of this code and the zoning district in which the

use is located, including but not limited to those regulating lighting and glare, landscaping, screening, noise, vibration, and hazardous substances. Additionally, the following standards shall apply to all applicable uses:

a.

A solid decorative wall of at least eight feet in height must be constructed along all property lines abutting, or across an alley from, a residentially zoned property (except that in the required front yard setback of a residential use a three-foot decorative wall shall be constructed and additional non view-obscuring wrought iron may be placed on top of the three-foot wall). A wall shall be considered decorative if it incorporates architectural variation on its surface (i.e. slumpstone, stuccoed, split-face or similar).

b.

A landscaped planter of a minimum of ten feet wide shall be required along all property lines abutting a residentially zoned property. The planter shall be fully irrigated and subject to the review and approval of a landscape and irrigation plan by the city's planning division. The landscape plan shall complement the solid eight-foot wall in providing a visual screen and physical separation from the abutting residentially zoned property and shall discourage plant materials susceptible to vermin such as ivy and vines.

c.

A photometric plan shall be submitted for review and approval by the city's planning division prior to the issuance of a business license and a certificate of occupancy. The photometric plan shall show lighting levels that do not exceed zero and five tenths footcandles along any property lines abutting a residentially zoned property.

d.

All trash areas and storage of trash/utility bins shall be located a minimum of one hundred feet from any property line shared with a residentially zoned property.

e.

Any areas used for the parking of trucks, trailers, or fleet vehicles shall be located a minimum of one hundred feet from any property line shared with a residential zone. Customer or employee parking shall be permitted within the one hundred-foot buffer.

The director, at his/her discretion, may grant specific deviations from these standards (or the standards of this code and the zoning district in which the use is located) for existing heavy trucking uses satisfying the requirements of this chapter if strict compliance with these conditions and requirements is impeded by existing physical constraints or limitations of the affected sites.

Standards, requirements. allowances and limitations established in this section shall supersede any conflicting provisions set forth outside of this chapter.

1.

Intensification, Expansion. The intensification, expansion, or substantial alteration of an existing heavy trucking use will not be permitted unless all applicable requirements of this code and the zone in which the use is located are met in addition to the operation standards of Section 17.37.030A for the affected areas of the proposal. The distance requirement in Section 17.37.030 shall not apply to the intensification, expansion, or substantial

alteration of a heavy trucking use in existence at the time of the effective date of this chapter that is in compliance with the conditions and requirements set forth in this chapter for existing heavy trucking uses.

(Ord. No. 2342, § 6, 6-22-2011; Ord. No. 2475, § 2, 3-27-2024)

Chapter 17.38 - PLANNED DEVELOPMENT DISTRICTS[[1]]

Footnotes:

--- ( 1 ) ---

Note— Prior code history: Prior code §§ 9250—9250.13.

A plan development district ("PD") is master planning mechanism for the development of larger parcels of land in residential, commercial and manufacturing zones where the existing underlying development standards do not functionally allow for reasonable development. This master planning mechanism allows for a comprehensive approach to development on a single parcel or contiguous parcels of land under single or joint ownership, and allow for flexibility in land use controls typically required by another zoning designation. The planned

development mechanism encourages the use of modern planning and development techniques thereby ensuring more efficient utilization of land in the community. An approved planned development will be designated on the official zoning map with a "PD" designation. A precise plan of development ("the Plan") shall be adopted along with the "PD" designation as the implementation tool for the planned development.

(Ord. 2290 § 4 (part), 2006)

A plan development district designation is a reasonably flexible development tool that:

A.

Provides for sound and efficient development of a parcel or parcels of land with unique topographic land features and/or having irregular shape, and/or parcels affected by incompatible land uses on adjacent properties;

B.

Insures the preservation of natural land features, open space, and other valuable and desirable environmental features of a particular area;

C.

Allows the development of large residential, commercial and industrial projects in such a manner to insure that such proposed development is consistent with the elements of the general plan, any applicable specific plan, and to assure that such development will be compatible with surrounding existing and proposed land uses;

D.

Reduces or eliminates the rigidity, delays, and inequities that otherwise may result from the application of land use regulations and administrative procedures designed for small parcels of land;

E.

Allows for mixed-use (commercial/residential) development in such a manner as to insure that such proposed development is consistent with the elements of the general plan, any applicable specific plan, and to assure that such development will be compatible with surrounding existing and proposed land uses;

F.

Encourages architectural design diversity and avoids monotony in large developments by allowing greater freedom in the design of architectural elements to provide access, light, open space, and amenities in an aesthetically pleasing manner;

G.

Provides for maintenance of the open space for those who will directly benefit from it;

H.

Encourages the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods; and/or

I.

Encourages a more efficient use of public and/or private services and facilities.

(Ord. 2290 § 4 (part), 2006)

In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purposes of this chapter, be designated as follows, unless it is clearly apparent from the context that another meaning is intended:

"Building coverage" means all land within the planned development covered by buildings, garage building area, carport building area and other enclosed areas. All area coverage shall be computed at ground level.

"Common open space" means a parcel or parcels of land, or of water, or a combination, within the site designated for a planned development and designated and intended for the use or enjoyment of all or certain of the owners and/or occupants of the planned development. Common open space may contain such complementary structures and improvements as are necessary or desirable and appropriate for the benefit and enjoyment of all or certain of the owners and/or occupants of the planned development.

"Covenants, conditions and restrictions (CC&Rs)" means a term used to describe restrictive limitations, usually recorded as covenants, that may be placed on property and its use, and which are usually made a condition of holding title or lease. The CC&Rs are intended to preserve the physical nature and character of the development.

"Open space" refers to unimproved land, landscaped areas, improved recreation areas, recreational buildings and structures totally accessory to recreational uses, and water surfaces, all within the planned development. Open space does not include streets, public or private parking areas, storage areas or areas covered by any building, garage, carport or other structures except recreational structures.

"Precise plan of development" or "PPD" means the written and graphic materials describing the characteristics of a planned development, including, but not limited to, a plat of subdivision, all covenants relating to use; design, location and bulk of buildings and other structures; intensity of use or density of development; streets, vehicular circulation lanes, walkways and parking facilities.

(Ord. 2290 § 4 (part), 2006)

The parcel(s) proposed to be developed utilizing the planned development procedures and designation must have an area of at least:

A.

Two acres for multiple occupancy by commercial and/or industrial uses;

B.

One acre for mixed-uses (commercial/residential); and/or

C.

One-half acre for a residential uses when the housing units share a common open space and/or a common pedestrian and/or vehicular access to and from a public right-of-way.

(Ord. 2290 § 4 (part), 2006)

Planned development districts shall be created in the same manner as property is reclassified from one zoning classification to another within the city (see Chapter 17.76 of this code, Zone Changes). When a planned development district has been created, it shall be designated upon the zoning map of the city, as an overlay zone, by adding the parenthetically enclosed letters "PD," after the zoning symbol indicating the zone in which the subject property is included.

(Ord. 2290 § 4 (part), 2006)

The uses and densities within a planned development district must be in accordance with the underlying zoning classification for the lots in the PD. These zoning classifications are established by the zoning map of the city (prior code § 9250.2). Strict adherence to the underlying range of uses and/or density requirements may not be necessary if a reasonable mix of uses and densities can be designed to be compatible with one another within the PD and with those existing and/or proposed uses in the immediately surrounding properties provided that the mix of uses and densities is consistent with the overlying designations of the general plan for the lots in the PD. The establishment and operation of any use in the approved PD shall be in compliance with the requirements of the underlying zoning classifications and/or pursuant to Section 17.70.030, unless specifically exempted by the approved plan.

(Ord. 2290 § 4 (part), 2006)

Any development classified in a PD designation, including, but not limited to, the construction and maintenance of buildings and structures shall be accomplished in accordance with the zoning regulations applicable to the underlying zone, unless the zoning regulations and/or the development standards are made inapplicable by an express condition of the PD designation, in which case, the conditions of the PD designation take precedence. The required precise plan of development shall conform to the following design criteria:

A.

The plan shall be comprehensive, with respect to land, buildings, landscaping and their interrelationships;

B.

The plan shall provide for adequate open space, circulation, off-street parking and pertinent amenities. Buildings, structures and facilities in the project site shall be well integrated, oriented and related to the topographic and natural landscape features of the site, as well as the surrounding development patterns. In situations where multi-story structures are proposed to be developed abutting residentially developed properties, due consideration should be given to the privacy of the existing residential uses;

C.

The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities in the project site;

D.

Common areas and recreational facilities (if provided) shall be readily accessible to the occupants of the dwelling units and shall be related to any common open space provided in the project site;

E.

Architectural harmony within the development and design compatibility with the surrounding existing and expected future development shall be obtained so far as feasible;

F.

The development characteristics such as lot area, frontage and width, coverage, density, yards/setbacks, building heights, landscaping and parking depicted in the plan shall be the standards of the underlying zoning designations. Exceptions to these standards may be allowed by the planning commission and city council when it can be demonstrated that such modified standards would result in more desirable development and are warranted in terms of the relationship of the total proposed development or units thereof to the general plan.

(Ord. 2290 § 4 (part), 2006)

17.38.080 - Planned development district designation and precise plan of development approval—Application requirements.

An application for adoption of a planned development district designation and approval of the attendant precise plan of development shall be filed with the planning department. A processing fee shall be paid when the application is filed, the amount of the fee to be set by a city council resolution. The application shall consist of the required forms provided by the director of planning and the precise plan of development.

(Ord. 2290 § 4 (part), 2006)

This plan shall include a narrative and schematics sufficient to describe the nature of the proposed development as determined by the director of planning. The plan shall include as minimum the following information:

A.

Proof of ownership of property, or the written authorization from the owner(s) permitting such filing;

B.

Maps and drawings showing:

1.

The name, address and telephone number of the applicant, and of the person who prepared the plan,

2.

The street address and the legal description of the property involved, and the names of the nearest streets which intersect the street or streets on which the subject property is located,

3.

The number of the lots involved, if more than one, the lot dimensions and total area,

4.

The location, proposed use, size, height, floor plans, elevations of all proposed and existing buildings on the subject lot(s),

5.

Approximate size and location of proposed terraces, topographic detail including approximate grades of driveways,

6.

Cut and fill slopes, banks and terraces, topographic detail including approximate finished elevation of building pad, driveways, property lines and slopes,

7.

The location of existing natural features such as mature trees and/or other significant vegetation, water courses, rock outcrops, topographic features, viewsheds and ridgelines including the methods proposed to preserve and incorporate such elements into the proposed plan,

8.

The location of existing significant historical, cultural and archeological features in the area, including the methods proposed to preserve and incorporate such elements into the proposed plan,

The location, height and type of all existing and proposed walls and fences,

10.

The location of existing and proposed pedestrian and vehicular streets and accessways,

11.

Sight distance (horizontal and vertical) at all intersections,

12.

The location, number of spaces, dimensions and circulation pattern of all existing and proposed off-street parking and loading areas and how compliance with the city's off-street parking requirements is achieved,

13.

The location of any existing and proposed outdoor lighting fixtures,

14.

The proposed landscaping for the development, including a detailed depiction of the location and height of screen planting, and a statement setting forth the method by which such landscaping shall be maintained after installation,

15.

A preliminary grading plan for the entire development, and

16.

The location, or proposed location, of all physical features, including, but not limited to, such items as firefighting facilities, utility facilities, drainage and sewage structures;

C.

A comprehensive description of the proposed project including, but not limited to, the following data:

1.

The proposed type of development (e.g., residential, commercial, industrial, mixed-use),

2.

The proposed design and use themes of the development (e.g., California Ranch, California Mission Style, family living, live-work, etc.),

3.

For residential developments or for the residential component of a mixed-use project describe:

a.

Number of residential units and proposed density,

b.

Proposed type of structures (e.g., single-family detached, town homes, condominiums, etc.),

c.

Proposed unit size(s) and amenities provided, and

d.

Proposed market (e.g., seniors, large families, empty nesters, etc.),

4.

For commercial developments or for the commercial component of a mixed-use project describe:

a.

Proposed range of commercial uses with the proposed allocation of gross floor area per type of use (e.g., sit down restaurants — eight thousand sq. ft., general retail — twelve thousand sq. ft., etc.), and

b.

The type of buildings, including gross square feet of floor space, for which pads are designed (e.g., one- or multistory structures, freestanding pad, etc.),

5.

For industrial or manufacturing developments or for a commercial/manufacturing development describe:

a.

Proposed range of manufacturing and/or commercial uses with the proposed allocation of gross floor area per type of use (e.g., cosmetic manufacture, dry cleaning plant, restaurant, etc.),

b.

The type of buildings, including gross square feet of floor space being proposed, and

c.

Proposed market (e.g., owner-occupant, lease holder, etc.),

6.

Describe available utilities,

7.

Describe proposed treatment of "view" sites, and

Describe soil conditions, including any known groundwater conditions (dump site, oil well site, natural ground, etc.);

D.

Proposed covenants;

E.

If the proposed PD is totally or partially located within a hillside area as identified in Exhibit 17.42.020 of this code, the applicant shall ensure that the precise plan of development includes all the required data and information listed in Section 17.42.030 of this code; and

F.

Other materials as the applicant or director of planning may deem appropriate.

(Ord. 2290 § 4 (part), 2006)

17.38.100 - Application for planned development district designation and precise plan of development approval —Process and conditions of approval.

Applications are to be submitted by the director of planning to the engineering, fire, street and building departments for comments and recommendations. These comments and recommendations, as well as other staff reports, will be submitted to the planning commission and to the city council for their consideration.

An application for planned development district designation and precise plan of development approval shall not be approved unless the planning commission and/or city council determines that the approval is consistent with the public safety and general welfare, that the development proposed is consistent with the city's general plan and any applicable specific plan. Where such a plan has been approved, the conditions of approval and the provisions of this chapter shall be observed in the development of the planned area.

less the planning commission and/or city council determines that the approval is consistent with the public safety and general welfare, that the development proposed is consistent with the city's general plan and any applicable specific plan. Where such a plan has been approved, the conditions of approval and the provisions of this chapter shall be observed in the development of the planned area.

Each approved precise plan of development shall comply with the following conditions, and any other conditions imposed upon the plan by the planning commission and the city council:

A.

Compliance with Precise Plan of Development. All improvements within a planned development district shall substantially conform to the precise plan of development as adopted, amended or modified;

B.

Construction in Stages. A plan may provide for construction in phases provided that each phase includes a description of location, structures, infrastructure and the timing for completion of all phases does not exceed the time limit established in the plan; and

C.

Covenants, Conditions and Restrictions. Forms for covenants, conditions and restrictions, approved by the city attorney, may be established as a part of each precise plan of development, as the city council may direct, so as to insure compliance with the provisions of this title.

(Ord. 2290 § 4 (part), 2006)

17.38.110 - Application for planned development district designation and precise plan of development approval —Planning commission determination and appeal.

A.

Notices of hearing before the planning commission shall be given in accord with the procedures set forth in Section 17.78.040 of this code. The planning commission shall conduct the public hearing in compliance with the provisions of Section 17.78.050 of this code. The commission and the city council must find that the application as submitted:

1.

Is in compliance with the provisions of this chapter;

2.

Is consistent with the subdivision regulations, with the general intent of the zoning regulations, with the general plan, and with any applicable specific plan;

3.

Is compatible with present and future development of the property within the immediate vicinity;

4.

Is consistent with the general peace, health, safety and general welfare;

5.

That the permitted uses and development standards adopted as part of the PD will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not have been adequately achieved under the pre-existing zoning district;

6.

That the proposed on-site streets and thoroughfares are adequate in size to accommodate the traffic volume generated by the proposed PD, and increased densities will not generate traffic in such amounts as to overload the street network outside the PD boundary;

7.

That the exceptions, if any, from the development standards of the zoning code are warranted by the design and amenities, as incorporated, are in accord with adopted policies of the planning commission and the city council;

8.

That the existing or proposed utility services and facilities are adequate for the proposed population densities and nonresidential uses; and

That the proposed buildings and structures are situated in such a manner to minimize impacting the privacy of existing abutting residential uses.

B.

After making these findings, the commission shall determine by resolution whether to recommend to the city council the adoption of the planned development district designation and approval of the precise plan of development subject to pertinent conditions of approval. In cases of denial, the commission's action shall be final unless the applicant appeals to the city council pursuant to the provisions of Chapter 17.78 of this code.

(Ord. 2290 § 4 (part), 2006)

17.38.120 - Application for planned development district designation and precise plan of development approval —City council determination.

Upon receipt by the city clerk of an appeal in the case of a denial, or a copy of the commission's recommendation for approval of a plan, the clerk shall set the same for a notice hearing by the city council at its next convenient meeting pursuant to the provisions of Section 17.78.040 of this code. The hearing shall be conducted in accord with the procedures set forth in Section 17.80.050 of this code. At the meeting, the council shall consider the commission's files and all applicable staff reports, and any relevant evidence offered by any person, and determines whether the commission's action should be approved, modified or disapproved. The action of the council shall be by resolution, and shall be based upon the same factors as are applicable to the action of the commission. The action of the council shall be final.

(Ord. 2290 § 4 (part), 2006)

17.38.130 - Approved precise plan of development deemed in compliance with Hillside plan review provisions.

A plan approved pursuant hereto shall be deemed to be in compliance with Chapter 17.42 of this code, Hillside Plan Review.

(Ord. 2290 § 4 (part), 2006)

17.38.140 - Approved precise plan of development—Expiration and extension.

A plan approved shall be valid and in effect for a period of two years after approval by the city council. Within this period of time, the proposed development must become vested in accordance with the plan, or the plan shall be deemed to have expired at the end of two years. An application for time extension may be filed with the director of planning no less than thirty days before the date of expiration. The director of planning, for good cause, may extend the period of time up to an additional one-year period.

(Ord. 2290 § 4 (part), 2006)

17.38.150 - Approved precise plan of development—Changes after approval.

A.

Minor Changes. Minor changes to the adopted plan may be approved by the director of planning at his or her discretion, provided that the proposed changes:

Do not change the boundaries of the subject development;

2.

Do not change any use as shown on the adopted plan;

3.

Do not exceed ten percent of the approved development standards; and/or

4.

Do not change the intent of the adopted plan.

The decision of the director of planning may be appealed to the planning commission pursuant to Section 17.78.060 of this code.

B.

Major Changes. Major changes to the adopted plan as determined by the director of planning, including time extensions beyond the one-year administrative extension, may be approved by the planning commission and the city council pursuant to the same procedures required for its adoption (Sections 17.38.120 and 17.38.130 of this code). Certain major changes to the precise plan of development affecting the boundaries, uses, densities, etc., may require the concurrent modification of the adopted planned development district designation.

(Ord. 2290 § 4 (part), 2006)

17.38.160 - Effect of the approved precise plan of development upon subdivisions and other land use permits.

A.

Subdivision Permits. Any application for a subdivision permit or parcel map, which includes property located in a planned development district, shall not be approved unless the proposed development of the subject property was included in a previously approved precise plan of development, or a subsequent modification to the planned development allowing for such action.

B.

Conditional Use Permits. If the establishment and operation of any proposed use within a planned development district necessitates a conditional use permit (CUP) as per the requirements of the underlying zoning classifications and/or pursuant to Section 17.70.030, such CUP shall be processed unless specifically exempted by the approved plan.

C.

Design Review Permits. All development projects proposed for property within a planned development district shall be required, as applicable, to process design review permits pursuant to Section 17.22.105 of this code.

(Ord. 2290 § 4 (part), 2006)

Chapter 17.40 - CIVIC CENTER DISTRICT

The purpose of the civic center district shall be to promote the orderly, harmonious development of areas of the community adjacent to the civic center and to insure that the appearance of the areas surrounding the civic center shall be maintained at a high standard.

(Prior code § 9251)

The following described area within the city shall be designated as the "civic center":

Lot 177, 178, 179 Montebello Tract, City of Montebello, as per map book 78, Pages 79 et seq. of Miscellaneous Records, on file in the office of the County Recorder, County of Los Angeles, State of California. General location: on the Northerly side of Beverly Boulevard between Maple Avenue and 18th Street.

(Prior code § 9251.1)

Pursuant to Section 65850 et seq. of the Government Code of the state, there is created a "civic center district" surrounding the designated civic center, for a distance of five hundred feet beyond the boundary lines of the properties included in the civic center.

(Prior code § 9251.2)

All plans for buildings or structures, other than single-family residential units, proposed to be located upon properties included in the district, shall be submitted to the planning commission and city council for review and approval prior to the issuance of such permit.

(Prior code § 9251.3)

Where a civic center review is required, the applicant shall submit the following:

A.

A detailed plot plan; and

B.

Architectural details of all:

1.

Signs and advertising displays. See Chapter 17.62 of this code,

2.

Exterior colors,

Landscaping design and materials,

4.

Exterior wall elevations and roof details,

5.

Any unique building design features intended to be used as advertising displays,

6.

Exterior lighting;

C.

Other material the city planner may deem necessary to communicate the intent of the proposal to the planning commission and city council.

(Prior code § 9251.4)

17.40.060 - Civic center review—Application.

Application for civic center review shall be filed with the city planner and shall consist of the following:

A.

The material required pursuant to Section 17.38.060 in a quantity determined by the city planner;

B.

Proof of ownership of property, or written authorization from the owner permitting such filing.

(Prior code § 9251.5)

17.40.070 - Civic center review—Approval.

A.

Civic center review shall be subject to the recommended approval of the planning commission and to the approval of the city council.

B.

City council approval shall be based upon the findings that the proposed development:

1.

Is consistent with the zoning regulations and the general plan; and

2.

Is compatible with the architectural design of the public buildings located within the civic center district.

(Prior code § 9251.6)

17.40.080 - Council's authority.

A.

The city council shall have authority to disapprove any proposed building or structure or any change in an existing building or structure, which, in its opinion, would substantially affect the appearance and have a detrimental effect on the civic center district.

B.

The city council may require changes in the architectural treatment of buildings or structures and may require additional landscaping and development improvements.

C.

The city council may impose such conditions of development as are necessary in its judgment to carry out the intent and purpose of the civic center district.

(Prior code § 9251.7)

Chapter 17.42 - HILLSIDE PLAN REVIEW

The purpose hereof is to provide for a preliminary review of proposals for subdivisions, parcel maps and the grading of property within hillside areas, to insure compliance with the provisions of this code, the general plan, and compatibility with existing and future developments within such hillside areas, and to protect the health and safety of residents of hillside areas. (See Chapter 17.38 of this code, Planned Development Districts.)

(Prior code § 9252)

Hillside plans shall be required for any property located in any hillside area as designated on Exhibit 17.42.020, Hillside Areas Map, of the city where it is proposed to develop the same by means of a subdivision or parcel map, or where the development proposed requires a grading permit.

(Prior code § 9252.1)

EXHIBIT 17.42.020

HILLSIDE AREAS MAP

==> picture [420 x 514] intentionally omitted <==

17.42.030 - Plan—Contents.

Where a hillside plan is required, it shall consist of the following:

A.

A map or maps showing the following information:

1.

All of the data required for submittal of a tentative tract map,

Size and location of proposed and existing building pads and driveways, including grades of driveways,

3.

Cut and fill slopes, banks and terraces, topographic detail, including finish elevations at building pad, driveways, slopes, property lines and adjoining properties,

4.

All proposed retaining walls and protective fences,

5.

All lot drainage systems,

6.

Landmarks, terrain features, etc., to be preserved,

7.

Landscaping scheme, including street trees, slopes, terraces, parking areas and public areas,

8.

All existing and proposed roadways and other easements (public and private),

9.

Sight distance (horizontal and vertical) at all street intersections,

10.

All operating or planned oil production facilities,

11.

Plot plans for individual lots if required by city planner,

B.

A statement containing the following data:

1.

The type of house for which pads are designed (split level, slab, etc.),

2.

Grading scheme,

3.

Dwelling unit density proposed,

Proposed covenants,

5.

Water supply, including storage tank locations within development,

6.

Treatment of view sites,

7.

Landscaping theme,

8.

Starting and completion dates of earthwork,

9.

Soil conditions, including any known groundwater conditions (dump site, oil well site, natural ground, etc.),

10.

A list of names and addresses of all surrounding property owners within three hundred feet of the exterior boundaries of the property involved in the proposed plan,

11.

Other materials as the applicant or city planner may deem appropriate.

(Prior code § 9252.2 (part))

Application for a hillside plan review shall be made by the property owner or an authorized agent, to the planning commission, on a form provided for that purpose by the city, and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Prior code § 9252.4)

17.42.050 - Plan—Review—Application—Filing—Fees—Submission for comments and recommendations.

A.

Applications and fees are to be filed at least three calendar weeks in advance of the planning commission meeting at which they are to be considered. Applications are to be submitted by the city planner to the engineering, fire, street and building divisions for comments and recommendations. These comments and recommendations, as well as other staff reports, will be submitted to the planning commission.

B.

Applications will include:

1.

Sixteen prints and one reproducible copy of the map;

2.

One copy of the statement; and

3.

Proof of ownership of the property, including the plan or written authorization of the owner.

(Prior code § 9252.2 (part))

The city planner shall set the request for a hillside plan review for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code, Public Hearings, Notices and Appeals.

(Prior code § 9252.5)

Before any hillside plan review shall be granted, the planning commission and city council shall determine that the applicant has shown that the plan as submitted:

A.

Is in compliance with the provisions of this code;

B.

Is consistent with the general plan; and

C.

Is compatible with present and future development of the property within the immediate vicinity.

(Prior code § 9252.6)

17.42.080 - Plan—Commission's action.

A.

If the commission finds that the plan has satisfied the showings required by Section 17.42.030, it shall recommend approval to the city council. The commission may also recommend conditional approval to insure compliance with the provisions hereof.

B.

If the commission finds that the plan does not comply with any provision of this code, or is inconsistent with the general plan, or is not compatible with the future development of property in the immediate vicinity, it shall deny

the plan. In cases of denial, the commission's action shall be final, unless any person appeals to the city council by filing a written letter of appeal with the city clerk, together with a filing and processing fee in an amount set by resolution of the city council, appealing such decision to the city council not later than the day following the next regularly scheduled city council meeting following the action of the commission.

(Prior code § 9252.7)

Upon the receipt of the city clerk of a letter of appeal in the case of denial, or a copy of the commission's resolution recommending approval of a plan, the clerk shall set the plan for consideration by the council at its next convenient meeting. The city clerk shall give notice, (See Chapter 17.78 of this code). At such time and place, the city council shall consider the planning commission's files and all applicable staff reports, and determine whether the planning commission's action should be approved, modified or denied. The action of the council shall be based upon the same factors as the action of the planning commission. The action of the council shall be final.

(Prior code § 9258.8 (part))

If the city council approves the plan, the approval will be valid and in effect for eighteen months after approval. If all or a portion of the development is not started in this period of time, the plan will be deemed expired at the end of eighteen months. The city planner may extend the period of time for not more than an additional eighteen months if there is good cause.

(Prior code § 9258.8 (part))

17.40.110 - Effect upon subdivisions or parcel maps.

Any subdivision or parcel map which includes property located in a hillside area shall be denied unless such development has been approved by a hillside plan.

(Prior code § 9252.3)

Chapter 17.44 - OIL AND GAS PRODUCTION DISTRICT

The purpose of the oil and gas production (O) district shall be to allow the economic recovery of oil and gas in certain areas of the city which are or will be a part of a recognized oil and gas field but which are zoned for more restricted uses. The exploration for and production of oil and gas shall be permitted subject only to such limitations, safeguards and controls which are deemed necessary to protect the land values and surface uses of surrounding areas.

(Prior code § 9253)

The O district shall be in the nature of a superimposed district. Land so classified shall also be classified in one or more other zones. Property so classified shall be delineated on the zoning map by a combination of the zone symbols (for example: M-1-O for light manufacturing and oil and gas production district). The regulations hereof

shall be in addition to those regulations in the underlying zone. In the event of a conflict between the provisions hereof and the provisions of an underlying zone, the oil and gas production district provisions take precedence.

(Prior code § 9253.1)

The following are the principal permitted uses in the oil and gas production district:

A.

Any use permitted in the underlying zone;

B.

The drilling, redrilling and servicing of oil and gas wells and related equipment.

(Prior code § 9253.2)

Property development standards set forth in the underlying zones shall apply, except that the standards shall not apply to the exploration or the drilling, production, extraction, storing or removal of oil and gas; provided that the uses are in compliance with the provisions of Chapter 5.52 of this code.

(Ord. 2070 § 34, 1992: prior code § 9253.3)

The provisions hereof shall not be applicable to any property unless the commission and council have conducted public hearings, and made the findings required in a zone reclassification matter. (See Chapter 17.76 of this code, zone change process.)

(Prior code § 9253.4)

Chapter 17.46 - HEIGHT OVERLAY ZONE

The purpose of the height modifying zone shall be to promote orderly, harmonious development of areas and to insure that the height of buildings and structures will be compatible with adjacent development.

(Prior code § 9254)

The height overlay zone shall be in the nature of a modifying zone. Land so classified shall also be classified in one or more other zones. Property so classified shall be delineated on the zoning map by a combination of zone symbols. For example, R-3-H-50 means residential, multiple-family, building height up to fifty feet. The height regulations in this section shall supersede the height regulations in the underlying zone.

(Prior code § 9254.1)

Whenever any property on the zoning map of the city has in addition to its zone designation the symbol "H" followed by a numerical figure, the provisions hereof shall apply concerning height limitations for any buildings or structures located, or to be located upon such property. The height of buildings or structures in an H-zone cannot exceed the numerical figure following the H on the zoning map.

(Prior code § 9254.2)

The provisions hereof shall not be applicable to any property unless the commission and council have conducted public hearings, and made the findings required in a zone reclassification matter. (See Chapter 17.76 of this code, zone reclassification.)

(Prior code § 9254.3)

Chapter 17.47 - HOUSING OPPORTUNITY OVERLAY ZONE

A.

The Housing Opportunity Overlay ("HOO") zone is established to facilitate the development of housing "by-right" on underutilized sites. The HOO zone is intended to be applied to properties that are currently zoned high density residential, commercial, and/or manufacturing uses to recycle to residential development. The HOO is further intended to serve as an implementation tool of the city's housing elements of the general plan by facilitation residential development on identified "housing opportunity sites."

B.

The HOO has the following major objectives:

1.

Create "by-right" opportunities for residential development on underutilized high density residential, commercial and/or manufacturing sites.

2.

Implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the city's projected need for housing.

3.

Provide a mix of housing types.

4.

Facilitate well-designed new mixed-use development projects that combine residential and non-residential uses (i.e., office, retail, business services, personal services, public spaces and uses, other community amenities, etc.) to promote a better balance of jobs and housing.

5.

Stimulate economic development and reinvestment through regulations based upon recognized urban design principles that allow property owners to respond with flexibility to market forces.

6.

Provide additional property rights while preserving existing property rights. This intent is achieved by providing additional development rights in compliance with this chapter, which property owners may exercise under certain conditions, while retaining all development rights conferred by the underlying zone to property owners in the HOO zone. Incentives and advantages may include, but is not limited to, allowing a greater range and mix of uses and specifying more permissive dimensional specifications (i.e., greater floor area ratio, lot coverage ratio, height, reduced setbacks, etc.).

(Ord. No. 2423, § 3, 5-27-2020)

A.

Application to Area. The HOO zone is an overlay zone to be used in conjunction with the underlying zones. The HOO zone shall apply to the specific, designated parcels identified in table below.

B.

Relationship Between Base Zone Standards and Overlay Zone Standards. For properties within the HOO zone, the regulations in this chapter allow residential and mixed-use development as an alternative to the stand-alone high density residential, commercial and/or manufacturing base zones underlying the HOO.

C.

Base Zone Standards.

The provisions in this chapter shall apply to specific, designated parcels (the HOO zone), but the provisions do not supersede the underlying base zone provisions until a property is developed in compliance with the provisions of this chapter. New projects may be developed in compliance with the existing underlying base zone, provided that all standards and requirements of the underlying base zone are met.

2.

Regulations, development standards, and requirements in the underlying base zone shall continue to apply to those projects that are currently developed according to the existing standards.

3.

For legal nonconforming uses (i.e., uses that do not comply with the provisions of the base zone), the provisions in Chapter 17.54.040, "Nonconforming buildings and structures") of this code shall apply.

D.

Options to Apply HOO Zone Standards. The owner or developer of any property within the HOO zone may choose to develop in compliance with the standards and procedures in this chapter or the standards and procedures applicable to the underlying zone.

E.

Conversion of existing nonresidential structures into a residential use may be permitted subject to a conditional use permit pursuant to Chapter 17.70, "Conditional Use Permits" of this code.

F.

After Completion of Development. Once a property is developed in compliance with the provisions of this chapter, the provisions of this chapter completely supersede the provisions of the underlying base zone. Whenever the requirements of the HOO zone imposes a more or less restrictive standard than the provisions of the underlying base zone, the requirements of the HOO zone shall govern.

(Ord. No. 2423, § 3, 5-27-2020)

At least twenty percent of the total number of residential units within the HOO zone, exclusive of units added by a density bonus awarded pursuant to state law, shall be provided at prices affordable to low-income or below households as defined in state law for a minimum of fifty-five years.

(Ord. No. 2423, § 3, 5-27-2020)

17.47.040 - Use regulations.

A.

The following uses are allowed in the HOO Zone:

All uses in the applicable underlying zone are allowed.

2.

Multiple-family dwellings as defined under section 17.08.245 of this code.

B.

For uses and activities not specifically identified in subsection (A) above, the Planning and Community Development Director shall have the authority to interpret chapter and permit uses that are similar to a permitted use. The decision of the Planning and Community Development Director may be appealed to the Planning Commission pursuant to Chapter 17.78, "Public Hearings, Notices and Appeals" of this code.

C.

Any use or activity not identified in subsection (A) above, or any use or activity not interpreted by the Planning and Community Development Director, shall be prohibited.

(Ord. No. 2423, § 3, 5-27-2020)

Properties within the HOO zone shall provide for a minimum density of twenty residential units per acre and a maximum density of eighty residential units per acre as designated in the zoning map. However, the minimum number of residential units per site shall be sixteen. Whenever any property on the zoning map which is zoned high density, residential, commercial and/or manufacturing has in addition to its zone designation the symbol "DD" (representing "designated density") followed by a numerical figure, the provisions hereof shall apply regarding the total number of residential units permitted on the property. The numerical figure following the letters "DD" indicates the maximum number of residential units permitted per acre. For example, R-3-DD-25 means multi-family, twenty-five residential units per acre. These density provisions shall supersede the density regulation in the underlying zone and shall be exclusive of units added by a density bonus awarded pursuant to state law.

(Ord. No. 2423, § 3, 5-27-2020)

All development in the HOO zone shall conform to the development standards applicable to the R-4 Zone pursuant to Title 17 of this code.

(Ord. No. 2423, § 3, 5-27-2020)

17.47.070 - HOO project review.

A.

Administrative Review. Any proposed project that is determined to be in compliance with this section and all applicable development standards shall be subject to administrative review by the Director of Planning and Community Development to confirm consistency with the design guidelines set forth herein.

B.

Review by the Planning Commission. Any proposed project that is determined not to be in compliance with the development standards set forth in this chapter shall be subject to a discretionary review of the planning commission.

(Ord. No. 2423, § 3, 5-27-2020)

A legally binding agreement, in a form approved by the City Attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this article, including but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five years. The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project.

(Ord. No. 2423, § 3, 5-27-2020)

Chapter 17.48 - DENSITY OVERLAY ZONE

The purpose of the density modifying zone shall be to promote the orderly, harmonious development of residential areas and to insure that densities are consistent with the city's general plan.

(Prior code § 9255)

The density overly zone shall be in the nature of a modifying zone. Land so classified shall also be classified in one or more zones. Property so classified shall be delineated on the zoning map by a combination of the zone symbols. For example, R-3-D-14 means multi-family, fourteen dwelling units per acre. The regulations hereof on the density modifying zone shall supersede the density regulations in the underlying zone.

(Prior code § 9255.1)

Whenever any property on the zoning map which is zoned residential has in addition to its zone designation a symbol "D" followed by a numerical figure, the provisions hereof shall apply regarding the total number of dwelling units located, or to be located on the property. The numerical figure following the "D" indicates the maximum number of dwelling units allowed per acre.

(Prior code § 9255.2)

The provisions hereof shall not be made applicable to any property unless the commission and council have conducted public hearings and made the findings required in a zone reclassification matter. (See Chapter 17.76 of this code, zone reclassification.)

(Prior code § 9255.3)

Chapter 17.49 - BROWNFIELD OVERLAY DISTRICT

A.

The city of Montebello establishes a Brownfield overlay district in the approximately fifty-five acre Brownfield area that was previously used as a landfill in an effort to allow and cluster certain heavy trucking uses that were deleted from the zoning code on November 22, 1989. In 2011, the adoption of Ordinance No. 2342 reversed the 1989 deletion of heavy trucking uses and set forth conditions and requirements for such uses, however, the Brownfield overlay district remains to provide additional requirements for heavy trucking uses in the specific area.

B.

The Brownfield overlay district shall be located south of the Atchison Topeka and Santa Fe railroad tracks near Maynard Road, west of the Rio Hondo Percolation Basin (Bluff Road), north of Slauson Avenue, and east from the railroad spur just to the west of Chapin Road. The specific boundaries of the Brownfield overlay district are identified on Exhibit "A," which is attached to and is made part of this chapter. An approved Brownfield overlay district will be designated on the official zoning map with a "BF" designation.

(Ord. 2307 § 3 (part), 2007)

(Ord. No. 2475, § 3, 3-27-2024)

The purpose of establishing the Brownfield overlay district includes the following:

A.

Allow certain heavy trucking uses, as defined in Chapter 17.37, such as truck terminals, truck transportation yards and truck storage yards that were previously deleted from the zoning code, to exist in the Brownfield;

B.

Promote the better utilization of land with minimal improvements while more in-depth environmental studies are conducted to determine the extent of the mitigation necessary for the Brownfield area;

C.

Cluster certain heavy trucking uses that would not require substantial development, but only minor physical improvements that would visually improve the Brownfield area; and

(Ord. 2307 § 3 (part), 2007)

(Ord. No. 2475, § 3, 3-27-2024)

In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purposes hereof, be designated as follows, unless it is clearly apparent from the context that another

meaning is intended:

"Brownfield area" means the real property consisting of approximately fifty-five acres identified on the Exhibit A at the end of this chapter, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

"Truck terminal, draying or freight" means a facility that specializes in the transfer of freight. The terminal is not the point or the final destination of the freight.

"Truck transfer, moving and storage" means a facility that may be similar to a recreational vehicle storage lot, but is intended for the storage of trucks and truck trailers overnight or for longer periods of time.

"Truck transportation yard" means a location where the trucks that are operating at a truck terminal are stored when not in use. May also be the location where trucks are stored (overnight) and then dispatched to their destination(s).

(Ord. 2307 § 3 (part), 2007)

A.

All uses and accessory uses of the underlying zone listed in Chapter 17.36 of the zoning code and Appendix A, index of primary uses shall be permitted in the Brownfield overlay district, including the uses below, except as otherwise specified in this chapter:

1.

Truck terminals, draying or freight;

2.

Truck transportation yards;

3.

Truck transfer, moving and storage.

4.

Trucking uses described under Chapter 17.37.

B.

The director of planning and community development may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection.

(Ord. 2307 § 3 (part), 2007)

(Ord. No. 2475, § 3, 3-27-2024)

A.

All uses and accessory uses of the underlying zone listed in Chapter 17.36 of the zoning code and Appendix A, index of primary uses, specifically prohibited for the M-2 heavy manufacturing zoning district, shall be prohibited in the Brownfield overlay district except as otherwise specified in this chapter.

B.

The director of planning and community development may deem additional uses to be prohibited based on a finding that the use is similar in nature, and operation to the prohibited uses listed in subsection A of this section.

(Ord. 2307 § 3 (part), 2007)

(Ord. No. 2475, § 3, 3-27-2024)

In addition to the requirements of the underlying zone and the requirements for heavy trucking uses set forth in Chapter 13.37, the following requirements shall apply to all new and existing uses allowed in the Brownfield overlay district:

A.

General Requirements.

1.

Except as otherwise set forth in this chapter, the development characteristics such as lot area, coverage, yards/setbacks, building heights, landscaping and parking shall be the standards of the underlying zoning designation (M-2, heavy manufacturing).

2.

All signage, including banners, shall be in conformance with Chapter 17.62 of the Montebello Municipal Code.

3.

All uses shall comply with the provisions of Chapter 17.32 of this code, except as specifically stated otherwise in this chapter.

4.

All modifications to structures and uses proposed within shall comply with all applicable building, stormwater and fire codes and city ordinances.

5.

All properties shall be maintained in a neat and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants.

B.

Special Requirements.

All properties shall be screened from view from the public right-of-way to the satisfaction of the director of planning and community development.

2.

Truck loading doors and facilities shall not front directly on a public street unless said truck loading doors and facilities are completely screened from public view by decorative masonry walls or appropriate landscape screening.

3.

Truck loading doors and facilities shall be designed and located in a manner that prohibits trucks from backing in from or onto the public right-of-way.

4.

No damaged or wrecked trucks or other vehicles shall be stored for purposes other than repair. Any truck or other vehicles awaiting repair for more than thirty days shall be removed from the location or stored in an enclosed area.

5.

Building facades, including accessory structures such as block walls, shall be painted and repaired where needed by the business and/or property owner.

6.

A view-obscuring wall may be substituted with a maximum of eight-foot high chain link fence with metal or vinyl slats.

7.

There shall be no outdoor display or storage of truck parts and supply goods for sale.

8.

No inoperable vehicles, intermodal containers, parts or equipment shall be stored within the public right-of-way. Failure to comply will result in the mandatory immediate removal from the public right-of-way at the expense of the business owner and/or property owner responsible for the violation.

9.

All outdoor utilities or machinery located outside the exterior walls, including roof-mounted equipment, shall be completely screened from public view, subject to the review and approval of the planning division.

10.

Stacking of intermodal shipping containers on private property zoned for industrial use within the Brownfield overlay district shall be permitted up to four containers high or a maximum of forty feet and is not subject to screening. Stacking must have a five foot setback from the property line on any side that abuts the public rightof-way.

Standards, requirements. allowances and limitations established in this section shall supersede any conflicting provisions set forth outside of this chapter.

The director, at his/her discretion, may grant specific deviations from these standards (or the standards of this code and the zoning district in which the use is located) for existing heavy trucking uses satisfying the

requirements of this chapter if strict compliance with these conditions and requirements is impeded by existing physical constraints or limitations of the affected sites.

(Ord. 2307 § 3 (part), 2007)

(Ord. No. 2475, § 3, 3-27-2024)

17.49.070 - Reserved

Editor's note— Ord. No. 2475 § 3, adopted March 27, 2024 repealed § 17.49.070, which pertained to sunset date and derived from Ord. 2307 § 3 (part), 2007.

17.49.080 - Reserved

Editor's note— Ord. No. 2475 § 3, adopted March 27, 2024 repealed § 17.49.080, which pertained to abatement/amortization period and derived from Ord. 2307 § 3 (part), 2007.

CA-1-07 Brownfield Area Map

==> picture [336 x 514] intentionally omitted <==

EXHIBIT "A"