Title 17 — Zoning Code

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Title 17 - Zoning Code

Adopted by City Council on January 10, 2005 Ordinance No. 7000 Effective February 26, 2005 Reprinted in Supplement No. 51, Containing Ordinances Through Ord. No. 7300

City of Pasadena Planning and Development Department

175 North Garfield Avenue Pasadena, CA 91109-7215

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Article 1 - Purpose and Applicability of Zoning Code Chapter 17.10 - Enactment and Applicability of Zoning Code

The purpose of the Pasadena Zoning Code is to protect and promote the public health, safety and general welfare, and to implement the policies of the General Plan by classifying and regulating the uses of land and structures within the City of Pasadena in a manner consistent with the General Plan. To achieve this purpose, it is the intent of this Zoning Code to:

A.

Provide standards for the orderly development of the City and continue a stable pattern of land uses;

B.

Conserve and protect the historical integrity and character of the City's neighborhoods;

C.

Maintain and protect the value of property;

D.

Ensure the provision of adequate open space for light, air, and fire safety;

E.

Promote the economic stability of existing land uses that conform to the General Plan and protect them from intrusions by inharmonious or harmful land uses;

F.

Permit the development of office, commercial, industrial, and transportation-related land uses in accordance with the general plan in order to strengthen the City's economic base;

G.

Ensure compatibility between land uses; and

H.

Encourage a pedestrian-friendly community by promoting a mix of land uses and pedestrian- oriented development in commercial areas.

This Zoning Code is enacted based on the authority vested in the City of Pasadena by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code.

This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Pasadena, as provided by this Section.

A.

New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 17.21 (Development and Land Use Approval Requirements) or, where applicable, Chapter 17.71 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B.

Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only when:

1.

The proposed land use and/or structure satisfy the requirements of Subsection A., above, and all other applicable statutes, ordinances, and regulations; and

2.

The Zoning Administrator determines that the site was subdivided in compliance with Municipal Code Title 16 (Land Subdivision).

C.

Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with the minimum lot size requirements of Article 2 (Zoning Districts and Allowable Land Uses), all other applicable requirements of this Zoning Code, and the City's subdivision regulations.

D.

Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established, and is operated and maintained, in compliance with all applicable provisions of this Zoning Code, including Chapter 17.71 (Nonconforming Uses, Structures, and Parcels).

Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Code are in violation of this Zoning Code, and shall continue to be in violation until they conform to the current requirements.

E.

Effect of Zoning Code changes on projects in progress.

1.

Project with legislative or quasi-judicial approval. A project with a legislative or quasi-judicial approval will be processed under the rules in effect on the date an application is deemed complete per Chapter 17.60 (Application Filing and Processing). These projects include a Conditional Use Permit, Design Review, Expressive Use Permit, Filming Permit, Temporary Use Permit, Variance, zone change, etc.

2.

Project that is not legislative or quasi-judicial. A project that has submitted a complete Building Permit application and paid all required fees will be processed under the rules in effect on the date that the application was submitted. If the Building Permit has expired, the project shall be subject to the requirements of this Zoning Code. This provision shall not apply to those projects that require a legislative or quasi-judicial approval.

3.

Notification requirements. A quasi-judicial or legislative application that has been deemed complete shall be processed under the notification regulations in effect at the time the application was deemed complete.

4.

Demolition permits not vested. A demolition permit, in anticipation of applying for a replacement project, does not vest a project under the existing rules.

5.

Grading- or foundation-only permits not vested. A grading-only permit or foundation-only permit does not vest the subsequent project under the existing rules.

F.

Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than identified in this Code as may be necessary to promote orderly land use development and the purposes of this Zoning Code.

G.

Other requirements may apply. Nothing in this Zoning Code eliminates the need for obtaining any permit, approval, or entitlement required by the regulations of any County, regional, State, or Federal agency.

H.

Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 17.12.020.D (Conflicting Requirements).

(Ord. No. 7435, § 2, 10-28-2024)

This Zoning Code shall be administered by the City Council, Planning Commission, Board of Zoning Appeals, Zoning Hearing Officer, Zoning Administrator, Advisory Agency, Design Commission, Arts Commission, Historic Preservation Commission, Director of Planning and Development, and the Planning and Development Department in compliance with Chapter 17.70 (Administrative Responsibility).

(Ord. 7022 § 5, 2005)

Chapter 17.12 - Interpretation of Zoning Code Provisions

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan.

A.

Authority. The Zoning Administrator shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.

B.

Language.

1.

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this Zoning Code. The City of Pasadena is referred to as the "City." The City of Pasadena Zoning Code is referred to as "this Zoning Code." The Director of Planning and Permitting is referred to as "Director," the City Council is referred to as the "Council," the Planning Commission is referred to as the "Commission." The Planning and Permitting Department is referred to as the "Department." The Zoning and Hearing Officer is referred to as the "Hearing Officer." "Buildings and structures" are referred to as "structures."

2.

Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including," mean "including but not limited to …". The words "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. The word "either … or" indicates that the connected words or provisions shall apply singly, but not in combination.

3.

Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business except as otherwise provided for by the Map Act.

Internal cross-references. When a provision of the Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Chapter or provision of the Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:

a.

"See Section 17.12.010" means "See Section 17.12.010 of this Zoning Code";

b.

"… in compliance with Subsection D.2," means "… in compliance with Subsection D.2 of this Section;" and

c.

"See Chapter 9.20 of the Municipal Code," means "See Chapter 9.20 of the Pasadena Municipal Code."

5.

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

C.

Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

1.

Residential density, minimum lot area, and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with 17.42 (Affordable Housing Incentives and Requirements). In the case of a density bonus, the fractional/decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number.

2.

All other calculations. For all calculations required by this Zoning Code other than those described in Subsection C.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D.

Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.

1.

Zoning Code provisions. Where uncertainty exists regarding the interpretation of any provision of this Zoning Code or its application to a specific site, the Zoning Administrator shall determine the intent of the provision. The determination shall take the form of a written zoning administration interpretation which shall constitute the precedent for all future interpretation of the subject section.

Development agreements or specific plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

3.

Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the Zoning Administrator shall determine which provision shall control.

4.

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

5.

City adopted guidelines. In the event of any conflict between requirements of this Zoning Code and any City adopted guidelines, the Zoning Code shall control.

6.

General versus specific. The specific requirement shall control over the general requirement.

E.

Zoning Map boundaries. See Section 17.20.020 (Zoning Map and Zoning Districts).

F.

Allowable uses of land. See Section 17.21.030 (Allowable Land Uses and Permit Requirements).

Whenever the Zoning Administrator determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Zoning Administrator may issue an official interpretation or refer the question to the Board of Zoning Appeals for determination.

A.

Request for interpretation. The request for an interpretation or determination shall be filed with the Department and shall identify each specific provision in question, and any other information necessary to assist the Department in their review.

B.

Appeals. Any interpretation of this Zoning Code by the Zoning Administrator or the Board of Zoning Appeals may be appealed in compliance with Chapter 17.72 (Appeals).

Article 2 - Zoning Districts, Allowable Land Uses, and Zone-Specific Standards Chapter 17.20 - Zoning Map

This Chapter establishes the zoning districts applied to property within the City and adopts the City's Zoning Map.

The Council hereby adopts the City of Pasadena Zoning Map (hereafter referred to as the "Zoning Map") which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here.

A.

Zoning districts established. The City of Pasadena shall be divided into zoning districts which implement the Pasadena General Plan.

1.

The primary zoning districts and overlay districts shown in Table 2-1 are hereby established, and shall be shown on the Zoning Map.

2.

The overlay districts may be combined with any primary zoning district as determined by Chapter 17.28 (Overlay Districts).

3.

The specific plan districts identify areas of the City where allowable land uses, land use permit requirements, and development standards are determined by the applicable specific plan, and are found either in Article 3 (Specific Plan Standards), or the specific plan document.

4.

The primary zoning districts may be shown on the Zoning Map together with letter or numerical suffixes to identify land use regulations and development standards applicable to specific sites. These suffixes may reference provisions of this Zoning Code that address any of the following topics:

a.

Residential units-per-acre, indicating permitted dwelling-unit densities exclusive of any bonuses; or

b.

CD or other specific plan area subdistricts, indicating applicable subdistrict regulations.

5.

The applicability of specific suffixes to specific zoning districts is determined by Chapters 17.22 (Residential Districts), 17.24 (Commercial and Industrial Districts), and 17.26 (Special Purpose Districts).

B.

Interpretation of zoning district boundaries. If there is uncertainty about the location of any zoning district boundary or other feature shown on the Zoning Map, the precise location of the boundary shall be determined by the Zoning Administrator.

1.

District boundaries shown as approximately following the property line of a lot shall be construed to follow the lot line.

2.

If a district boundary is not coterminous with a lot line, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3.

District boundaries shown as approximately following right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.

District boundaries shown as lying within right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

(Ord. 7142 § 2, 2008; Ord. 7113 § 2, 2007; Ord. 7071 § 2, 2006)

Chapter 17.21 - Development and Land Use Approval Requirements

This Chapter describes the City's requirements for the approval of proposed development and new land uses. The permit requirements established by this Zoning Code for specific land uses are in Chapters 17.22 through 17.26.

All land uses and structures shall be established, constructed, reconstructed, altered, or replaced in compliance with the following requirements.

A.

Allowable land uses. The land use shall be allowed by this Zoning Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 17.21.030 (Allowable Land Uses and Permit Requirements).

B.

Permit and approval requirements. Any land use permit or other approval required by Section 17.21.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation.

C.

Development standards, conditions of approval. Land uses and structures shall comply with the development standards of this Chapter, the provisions of Article 3 (Site Planning and General Development Standards), and any applicable conditions imposed by a previously granted land use permit.

D.

Legal parcel. The proposed site shall be a parcel that was legally created in compliance with the Subdivision Map Act and the City's Subdivision Ordinance.

17.21.030 - Allowable Land Uses and Permit Requirements

A.

Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Tables 2-2, 2-5, 2- 7, 3-1, 3-3, 3-5, 3-6, 3-13, 3-14, 3-16, and 3-18, or in Article 3 (Specific Plans), together with the type of land use permit required for each use.

1.

Uses not listed. Land uses that are not listed in tables or are not shown in a particular zoning district are not allowed, except as otherwise provided in Subsection A.2.

2.

Similar uses may be allowed. The Zoning Administrator may determine that a proposed use not listed in this Article is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with the proposed use are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the district;

b.

The proposed use will be consistent with the purposes of the applicable zoning district; and

c.

The proposed use will be consistent with the General Plan and any applicable specific plan.

3.

Applicable standards and permit requirements. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

4.

Commission determination. The Zoning Administrator may forward questions about equivalent uses directly to the Commission for a determination at a public meeting.

B.

Permit requirements. Tables 2-2, 2-5, 2-7, 3-1, 3-3, 3-5, 3-6, 3-13, 3-14, 3-16, and 3-18 provide for land uses that are:

1.

Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Code Compliance Certificate (Section 17.61.020). These are shown as "P" uses in the tables;

2.

Allowed subject to the approval of a Minor Conditional Use Permit (Section 17.61.050) and shown as "MC" uses in the tables;

3.

Allowed subject to the approval of a Conditional Use Permit (Section 17.61.050) and shown as "C" uses in the tables;

Allowed subject to the approval of an Expressive Use Permit (Section 17.61.060) and shown as "E" uses in the tables; and

5.

Allowed subject to the approval of a Temporary Use Permit (Section 17.61.040) and shown as "TC" uses in the tables.

Note: Any land use authorized through land use permit approval may also require Design Review (Section 17.61.030), a Building Permit, or other permit required by the Municipal Code.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7242 § 3, 2014)

Chapter 17.22 - Residential Zoning Districts

This Chapter lists the land uses that may be allowed within the residential zoning districts established by Section 17.20.020 (Zoning Map), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.

17.22.020 - Purpose and Applicability of Residential Zoning Districts

A.

General purposes. In addition to the purposes of this Zoning Code listed in Chapter 17.10, the general purposes of residential district regulations are to:

1.

Provide an adequate supply and range of housing types and prices that will accommodate the City's future population growth;

2.

Promote the development of affordable housing by providing a density bonus;

3.

Protect single-family residential neighborhoods from fires, explosions, toxic fumes and substances, and other public safety hazards;

4.

Provide a physical environment that contributes to and enhances the quality of life;

5.

Provide appropriate sites for public and semi-public land uses needed to complement residential development or requiring a residential environment;

6.

Ensure the provision of public services and facilities needed to accommodate planned population densities.

B.

Purposes of specific districts. The purposes of the specific residential zoning districts are as follows.

Single-Family Residential (RS) districts. The purposes of the RS zoning districts are to:

a.

Provide appropriately located areas for single-family residential neighborhoods that are consistent with and implement the Single-Family Residential land use designation of the General Plan, and that are consistent with the standards of public health and safety established by this Zoning Code; and

b.

Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

The designation of property in the RS zoning district shall include the Zoning Map showing a numerical suffix to the RS map symbol (e.g., "RS-2") which shall note the maximum number of dwelling units allowed per acre of site area.

2.

Multi-Family Residential, Two Units Per Lot (RM-12) district. The purposes of the RM-12 zoning district are to:

a.

Provide appropriately located areas for low-medium density residential neighborhoods that are consistent with and implement the Low-Medium Density Residential land use designation of the General Plan, and with the standards of public health and safety established by this Zoning Code; and

b.

Ensure adequate light, air, privacy, and open space for the construction of two units on a lot.

3.

Multi-Family Residential, City of Gardens (RM-16, RM-32, and RM-48) district. The purposes of the RM-16, RM-32, and RM-48 zoning districts are to:

a.

Provide appropriately located areas for medium and high density residential neighborhoods that are consistent with and implement the Medium Density, Medium-High Density, and High Density Residential, land use designations of the General Plan, and with the standards of public health and safety established by this Zoning Code;

b.

Promote multiple-family residential developments having maximum economic life and stability;

c.

Integrate the street and the site visually and functionally as a total environment;

d.

Achieve an appropriate level of design quality consistent with or better than the surrounding neighborhood and the price range of the development;

e.

Relate new development to the existing environment in scale, material, and character so that Pasadena's inherent human scale, visual, and functional diversity may be maintained and enhanced; and

f.

Restrict alterations to the existing grade, except for minor grading for landscaping purposes and for subterranean parking.

A.

Permit requirements. Table 2-2 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The following land use permit requirements are established by Table 2-2.

B.

Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use in addition to all other applicable provisions of this Zoning Code. Principal and accessory structures shall meet the same development standards unless otherwise modified in this Zoning Ordinance.

(Ord. No. 7420, § 3, 4-15-2024; Ord. No. 7391, § 2(Exh. 1), 5-16-2022; Ord. No. 7385, § 2(Exh. 1), 1-24-2022; Ord. No. 7384, § 2(Exh. 1), 12-13-2021; Ord. 7326 § 6, 2018; Ord. 7321 § 3 (Exh. 1), 2018; Ord. No. 7313, § 2, 2017; Ord. 7300 § 2 (Exh. 1), 2017; Ord. 7295 § 3 (Exh. 1), 2017; Ord. 7169 § 2, 2009; Ord. 7164 § 3, 2009; Ord. 7160 § 2, 2009)

17.22.040 - RS and RM-12 Residential Districts General Development Standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-3, in addition those in Section 17.22.050 (RS and RM-12 District Additional Development Standards), and the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).

tructures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-3, in addition those in Section 17.22.050 (RS and RM-12 District Additional Development Standards), and the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).

(Ord. No. 7435, § 3, 10-28-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. No. 7384, § 2(Exh. 1), 12-13-2021; Ord. 7371 § 2, 2021; Ord. 7179 § 2, 2009; Ord. 7169 § 3, 2009; Ord. 7160 § 3, 2009; Ord. 7099 § 2 (Exh. 1) (Exh. 2) 2007; Ord. 7057 § 2 (Exh. 1), 2006; Ord. 7038 § 3 (Exh. 1), 2006; Ord. 7009 § 4 (part), 2005)

17.22.050 - RS and RM-12 District Additional Development Standards

A.

Front-yard setback measurement. The minimum front yard setback in the RS and RM-12 zoning districts shall be as follows. See also 17.40.160 (Setback and Encroachment Plane Requirements and Exceptions).

1.

Where 40 percent or more of the lots on a blockface in the same zoning district (excluding corner yards of reversed corner lots) are developed with primary structures (including the existing setback of the proposed development site), the minimum front setback shall be the average of the front setbacks of the developed lots, but not less than 25 feet. In

calculating the blockface average, measurement shall be from the front property line to the primary structure. Building projections and unenclosed porches shall not be used as the reference point for this measurement.

2.

Where less than 40 percent of the lots on a blockface within the same zoning district (excluding corner yards or reversed corner lots) are developed with primary structures (including the existing setback of the proposed development site), the minimum front setback shall be 25 feet.

3.

For blockfaces with two or fewer lots between two reversed corner lots, the minimum front setback shall be the larger required corner yard of the reversed corner lots. See Section 17.40.160 for allowed projections into front-yard setbacks.

B.

Garage and carport requirements for all districts.

1.

Garages. A garage proposed on a blockface, including reverse corner lots, where 50 percent or more of the existing garages are located behind the primary structure shall also be located behind the primary structure. If the garage is required to be located to the rear of the primary structure and is attached, the garage shall be located so that the garage door is not visible from the street and the garage shall be the closest portion of the structure to the rear property line. This requirement shall not apply within the HD (Hillside Development) overlay zone. See 17.50.250.H for additional requirements for attached garages. A garage on a corner lot in which the garage doors face the street shall be set back a minimum of 18 feet from a street property line.

2.

Carports. Carports shall be completely screened from view from the street and shall be located between the primary structure and the rear property line, so as to not be within the view down the driveway from the street. A carport shall not be permitted on a corner lot.

3.

Exception to maximum floor area requirement. The maximum floor area requirement in Section 17.22.040, Table 2-3, may be exceeded to accommodate the reconstruction of a garage that previously existed on the site, but only to the extent of the floor area necessary or a two-car garage in compliance with the parking space dimension requirements of Section 17.46.110 (Parking Space Dimensions).

C.

Restoration of a porte cochere. A porte cochere may be rebuilt or restored if evidence is provided to the City that the residence originally had a porte cochere. The porte cochere shall meet all building requirements. The Director shall review such requests.

D.

Flagpoles. A flagpole can be constructed if it meets the following requirements.

1.

The flagpole shall be located outside a required setback area. Flagpoles are allowed in front of a residence if located outside the required front setback.

2.

The maximum height of the flagpole shall be the maximum height allowed for the principal structure.

3.

The flagpole shall not be located in an encroachment plane.

E.

Neighborhood Compatibility. For the purposes of neighborhood compatibility, the "neighborhood" is determined by the median square footage of all houses on properties within a 500-foot radius around the subject property. The "neighborhood" is not required to include:

• Properties located outside of the City of Pasadena;

• Properties not located in an RS district, or in a different RS district; and

• Properties separated by a significant manmade structure (e.g. freeway) or a significant natural feature (e.g. canyon) that, to the extent determinable by staff, is not the result of grading or other man-made alteration of the natural terrain.

F.

Design Standards. The following design standards are applicable to all single-family zoned properties, excluding properties in historic districts, LD (Landmark District), HD (Hillside Overlay District), HD-1 (Upper Hastings Ranch Area), and ND (Neighborhood Overlay) overlay zones:

1.

Prohibited materials in all RS zones include:

a.

Unfinished concrete is prohibited as an exterior finish.

b.

Architectural foam is prohibited as an exterior trim material.

2.

Window placement:

a.

New second-story windows shall not directly overlap with existing second story windows located within 30 feet of abutting properties. Clerestory windows and windows determined by the Building Official to be necessary for safe egress are exempt from this requirement.

G.

Two-Unit Developments in Single-Family Residential Zones. In addition to the requirements of Section 17.22.040 (Residential Districts General Development Standards), additional development and design standards related to Two-Unit Developments (whether attached or detached) apply to all single-family zoned properties. Construction of Two-Unit Developments in single-family residential zones pursuant to Government Code Section 65852.21 is prohibited on historic sites and sites that fall within historic districts, which include (1) an historic district or property listed on either the National Historic Register or State Historic Resources Inventory, (2) an individual historic landmark property designated

pursuant to the City's Historic Preservation Ordinance, or (3) a Landmark District (LD overlay zone) designated pursuant to the City's Historic Preservation Ordinance. A Landmark District is a grouping of properties that represents a significant and distinguishable entity of Citywide importance that is united historically by past events or aesthetically by plan or development and represents one or more of a defined historic, cultural, development and/or architectural context(s). Construction of Two-Unit Developments in single-family residential zones pursuant to Government Code Section 65852.21 is also prohibited in very high fire hazard severity zones identified pursuant to Government Code section 51178 within the boundary of the 2025 Eaton Fire. A map of this area shall be maintained on file with the Department.

Proposed adjacent or connected primary residences (Two-Unit Developments) shall be permitted if they meet building code standards, are designed sufficient to allow separate conveyance, and comply with the development standards of the underlying zoning district or additional standards prescribed by this section, as applicable. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d). The following additional standards are for new construction of an additional primary residence on a site with an existing primary residence or for up to two new primary residences where no primary residence is present. In cases where the following standards preclude development of an 800 square-foot primary residence, the plan check review process shall only allow deviations sufficient to accommodate such development.

al standards are for new construction of an additional primary residence on a site with an existing primary residence or for up to two new primary residences where no primary residence is present. In cases where the following standards preclude development of an 800 square-foot primary residence, the plan check review process shall only allow deviations sufficient to accommodate such development.

H.

Garden requirements for Two-Unit Developments in Single-Family Residential Zones. Each Two-Unit Development shall have a landscaped open space area as its central focus. This space may take the form of a garden.

1.

Garden location. The placement of a garden shall comply with at least one of the following standards. In cases where the following standards preclude development of an 800 square-foot dwelling, the plan check review process shall only

allow deviations sufficient to accommodate such development

a.

The garden may be placed so that a garden on an adjacent parcel combines to create the effect of one large garden or a wider connection between two spaces.

b.

The garden may adjoin the minimum front setback line creating a deep, combined garden on the street. Decorative fences or other landscape elements shall be constructed so that the garden is visible from the street.

c.

The garden may be an internal courtyard, entirely contained within the site, but visible from the street.

d.

When a site contains existing, mature trees, the garden may be placed to retain one of those trees. See also Chapter 17.44 (Landscaping).

2.

Minimum garden dimensions. The garden shall be a rectangular shape and shall have a minimum dimension of 20 feet in either direction. In cases where the garden requirements preclude development of an 800 square-foot dwelling, the plan check review process shall only allow deviations sufficient to accommodate such development.

3.

Garden planting and paving standards. In cases where the garden planting and paving requirements preclude development of an 800 square-foot dwelling, the plan check review process shall only allow deviations sufficient to accommodate such development. The garden may only occur under the following three conditions, either alone or in combination.

a.

The garden shall be at existing grade with no parking structure below, subject to the following requirements:

i.

At least 50 percent of the garden shall be planted;

ii.

Concrete may be used for walkways up to four feet in width but is not acceptable for area paving unless mandated by the Uniform Building Code. Unplanted areas with a minimum dimension of five feet or more shall be paved with unit pavers such as brick, tile or concrete or covered with decomposed granite or garden gravel.

iii.

The maximum dimension of unit pavers shall be 24 inches.

iv.

All planting shall comply with the requirements of Chapter 17.44 (Landscaping).

Allowed encroachments into a garden.

a.

Eaves may project up to three feet and fireplaces or chimneys may project up to two feet for a length of 10 feet measured parallel to the building into the garden without having to maintain the minimum 20-foot dimension. The following encroachments may occur within the garden as long as the minimum dimension in any direction of the garden is not reduced to less than 20 feet.

i.

Exterior, unenclosed building elements such as stoops, balconies and open stairs may encroach into the garden subject to the following limitations:

1.

Encroaching stairs shall be either wood or masonry and have closed risers.

2.

Unenclosed encroachments shall have a maximum depth of four feet, measured perpendicular to the line defining the garden, and an unlimited width, measured parallel to the line defining the garden.

3.

The total area of unenclosed encroachments shall not exceed seven percent of the area of the garden.

ii.

Enclosed living space may encroach into the garden subject to the following limitations:

1.

Enclosed encroachments shall have a maximum depth of four feet, measured perpendicular to the line defining the garden, and maximum width of 15 feet, measured parallel to the line defining the garden.

2.

There shall be a minimum separation of four feet, measured parallel to the line defining the garden, between enclosed encroachments.

3.

The ground floor area of all enclosed encroachments shall not exceed 13 percent of the garden.

(Ord. No. 7455, 3, 9-15-2025; Ord. No. 7391, § 2(Exh. 1), 5-16-2022; Ord. No. 7390, § 2, 5-16-2022; Ord. No. 7385, § 2(Exh. 1), 1-24-2022; Ord. No. 7384, § 2(Exh. 1), 12-13-2021; Ord. 7371 § 3, 2021; Ord. 7179 § 3, 2009; Ord. 7160 § 4, 2009; Ord. 7099 § 3, 2007; Ord. 7057 § 3, 2006; Ord. 7009 § 5, 2005)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-4, in addition to those in Section 17.22.070 (RM District Additional Development Standards), Section 17.22.080 (RM District Garden Requirements), and the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 4 (Site Planning and General Development Standards). Principal and accessory structures shall meet the development standards unless otherwise modified in this Zoning Ordinance. These standards are commonly known as the City of Gardens standards. Zones within an adopted

Specific Plan shall be subject to the requirements of this section unless expressly superseded by the applicable adopted Specific Plan in Article 3 (Specific Plans).

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7160 § 8, 2009; Ord. 7099 § 2 (Exh. 3), 2007; Ord. 7058 § 3 (Exh. 2, 2006; Ord. 7038 § 4, (Exh. 2), 2006; Ord. 7009 § 4 (part), 2005)

The provisions of this Section apply to proposed development and new land uses in the RM 16, RM 32, and RM-48 zoning districts in addition to the other applicable requirements of this Chapter, and those in Article 4 (Site Planning and General Development Standards). Zones within an adopted Specific Plan shall be subject to the requirements of this Section unless expressly superseded by the applicable adopted Specific Plan in Article 3 (Specific Plans).

A.

Maximum density.

1.

Rounding in calculations. When calculating the permitted densities for projects within the RM districts in compliance with Table 2-4, fractional numbers of units shall be rounded as follows:

a.

RM-16, RM-16-1. Fractions exceeding 0.75 shall be rounded up.

b.

RM-32 and RM-48. Fractions shall be rounded up or down to the nearest whole number. Fractions at .50 may be rounded up.

Allowable densities on lots less than 10,000 sf. The maximum number of units permitted within the RM-32 and RM-48 districts on lots less than 10,000 square feet shall be as follows.

B.

Setback Requirements. The following minimum standards for building setbacks apply in addition to any encroachment plane requirement.

1.

Front setback. The following front setback requirements are intended to ensure compatibility with the adjacent neighborhood.

a.

When 40 percent or more of the lots on a blockface in the same zoning district (excluding corner yards of reversed corner lots) are developed with primary structures (including the existing setback of the proposed development site), the minimum front setback shall be the average of the front setbacks of the developed lots, but not less than 20 feet. In calculating the blockface average, measurement shall be from the front property line to the principal structure. Building projections (such as eaves or bay windows) and unenclosed porches shall not be used as the reference point for this measurement.

b.

Where less than 40 percent of the lots on a blockface within the same zoning district (excluding corner yards or reversed corner lots) are developed with primary structures (including the existing setback of the proposed structure), the minimum front setback shall be 20 feet. See Section 17.40.160 for allowed projections into front yard setbacks.

2.

Side setback when adjoining an RS district. In addition to the encroachment plane requirements, principal and accessory structures shall be setback a minimum of 5 feet along an interior side yard that is adjoining an RS district.

3.

Rear setback when adjoining an RS district. For principal and accessory structures in which the rear property line adjoins an RS district, the rear setback shall be as follows.

C.

Yard Encroachments. Structures and structural features may project into required setbacks in compliance with Section 17.40.160 (Setback and Encroachment Plane Requirements and Exceptions). For projects in which the rear or side yard adjoins an RS district, no balconies or upper floor decks may project into the rear or side yard setback.

D.

Building separation. The following minimum standards for building separation apply in addition to the setback requirements of the applicable zoning district. In the event that the two requirements conflict, the more restrictive shall control.

1.

Side separation. Proposed structures shall be set back from buildings on adjacent lots along the side property line by a minimum of 15 feet, from the sidewalk across the property frontage to a minimum of 40 feet behind the front setback line.

2.

Light and air separation. The following requirements for light and air separation are intended to provide clear space for existing windows.

a.

When new construction faces major windows or doors in existing structures (principal or accessory) on an adjacent lot, or a new wall is proposed to contain major windows or doors, the minimum building separation shall be 15 feet, for a minimum of three feet beyond each side of the width of the window or door at all stories.

b.

When new construction faces minor windows in existing structures (principal or accessory) on an adjacent lot, or a new wall is proposed to contain minor windows, the minimum separation shall be 10 feet for a minimum three feet beyond each side of the width of the window at all stories.

c.

When a windowless wall of new construction faces an existing windowless wall on an adjacent lot, there is no minimum building separation.

3.

Habitable encroachments prohibited. No encroachment that consists of habitable space is permitted into the building separation requirement. Uninhabitable encroachments, including chimneys and projecting eaves, may project up to three

feet into the building separation requirement.

E.

Building design.

1.

Massing.

a.

No facade along the street may be longer than 60 feet.

b.

A minimum building separation of 15 feet between adjacent buildings on a site is required up to the front line of the main garden for every 60 feet of frontage. This building separation shall provide a view into the main garden required by Section 17.22.080.

2.

Wall modulation. All wall planes shall be modulated in a manner consistent with the light and air separation requirements (see Subsection D.2). Final wall plane modulation shall be reviewed and approved during the design review of the project.

3.

Building frontage.

a.

On sites with 60 feet or more of street frontage, at least 50 percent of the site width shall be occupied by building volume at the front setback.

b.

On sites with less than 60 feet of street frontage, at least 40 percent of the site width shall be occupied by building volume at the front setback.

c.

At least 70 percent of the width of a site must be occupied by building volume, other architectural elements such as low walls and trellises, or linear landscape elements such as hedges or rows of trees.

5.

Street orientation. The following requirements are intended to ensure that residential streets are attractive pedestrian spaces and are not dominated by blank walls, parking lots, driveways and garage doors.

a.

Street facades of all residential buildings shall have major windows.

b.

Street facades of all residential buildings shall have entrances to individual units, clusters of units, or common lobbies.

Building entrances.

a.

Shared entrances. In the RM-16 districts, entrances from the outdoors in the form of porches, stairs, or alcoves in buildings should serve no more than two units. In RM-32 districts, such entrances should serve no more than four units. Projects in RM-48 districts and senior citizen housing in any multi-family residential district is exempt from this requirement.

b.

Orientation. The majority of entrances to units should be accessed from the street or from the main garden. Additional entrances may serve units from additional open spaces.

c.

Embellishment and articulation. Transitional spaces in the form of stoops, overhangs, and porches between public areas and entrances to units are an important element of Pasadena's architecture. New residential buildings shall provide the element for each unit or group of units.

F.

Height limits. The following height limits are intended to produce buildings with a rhythm and scale appropriate to the City's residential neighborhoods.

1.

General.

a.

When any part of a building is over parking, the parking shall be considered a full story unless it meets the requirements for fully or partially subterranean parking in Section 17.46.020.K.5 and 6.

b.

If a single building is located within two separate zoning districts with two different height limits, each portion of the building shall comply with the height limits of the district in which it is located.

c.

In the RM-16 and RM-32 districts, when more than 50 percent of the buildings on a blockface of a proposed project and the blockface on the opposite side of the street have a one-story building element at the street, the project shall have a one-story building element for a distance of 15 feet behind the required front setback. The one-story element shall not exceed 15 feet to the ridge line. Open porches may be used to satisfy the one-story building element but may not encroach into the required front setback. Projects in the RM-48 district shall be permitted to have a two-story building element not to exceed 24 feet to the top plate and 27 feet to the ridge line.

d.

When multiple lots have been consolidated to form a single building site with a combined front street frontage of more than 160 feet, the height limit shall be two stores over the entire site.

e.

The measurement of height for a new residential structure in an RM district is measured from the lowest point of existing grade at an exterior wall of the structure to the highest point of the structure. The highest point of the structures shall be considered its highest ridge or parapet.

f.

In the RM-16 district and on lots less than 60 feet in width in the RM-32 district, the maximum height of structures is 23 feet to the top plate and 32 feet to the highest ridge line.

g.

On lots 60 feet in width or greater in the RM-32 district, the maximum height of structures in the front 60 percent of the site is 24 feet to the highest ridgeline. Through the Design Review process, the maximum height in the front 60 percent of the site can be increased to 32 feet (to the highest ridgeline) if the project is not adjacent to an RS or RM-12 district. In the rear 40 percent of the site the maximum height of structures is 36 feet to the highest ridgeline. No maximum top plate is applicable.

h.

In the RM-16-1, the maximum height of structures is 36 feet to the highest ridgeline. No maximum top plate height is applicable.

i.

In the RM-48 district, the maximum height of structures is 38 feet to the highest ridgeline. No maximum top plate height is applicable.

2.

Maximum heights at garden rectangle.

a.

Required third-story setback. Three-story buildings on lots 60 feet or greater in the RM-16-1 district, and three-story buildings in the RM-32 district shall have their third story set back from the main garden rectangle required by Section 17.22.080 (RM District Garden Requirements) for a distance of at least 10 feet, or the entire building shall be set back at least five feet from the main garden rectangle.

b.

Corner lots. Building heights on corner lots are limited as follows:

(1)

In the RM-16-1 district, buildings in the front 60 percent of the site along each street frontage are limited to two stories. Buildings or portions of buildings in the remaining interior 16 percent of the site may be three stories.

(2)

Where the lot is 60 feet or more in width, buildings in the front 60 percent of the site along each street frontage are limited to two stories. Buildings orportions of buildings in the remaining interior 16 percent of the site may be three stories.

(3)

In the RM-48 district, buildings may be three stories.

c.

Double-frontage lots. Building heights on double-frontage lots are limited as follows:

(1)

In RM-32 districts, on lots which are 60 feet in width or greater, and are double frontage lots 300 feet in depth or greater, buildings in the front 30 percent of the site along each street frontage are limited to two stories. Buildings in the remaining interior 40 percent of the site may be three stories.

(2)

On double frontage lots which are 60 feet in width or greater and are less than 300 feet in depth, buildings 75 feet or less from either street frontage property line are limited to two stories. Buildings more than 75 feet from both street frontage property lines may be three stories.

(3)

In RM-32 districts on lots which are 60 feet in width or greater, and are double frontage lots 300 feet in depth or greater, buildings in the front 30 percent of the site along each street frontage are limited to two stories. Buildings in the remaining interior 40 percent of the site may be three stories.

(4)

On double frontage lots less than 300 feet in depth, buildings 75 feet or less from either street frontage property line are limited to two stories. Buildings more than 75 feet from both street frontage property lines may be three stories.

3.

Exceptions to height limits. See Section 17.40.060 (Height Requirements and Exceptions).

G.

Landscaping and maintenance. Landscaping shall be provided and maintained in compliance with Chapter 17.44 (Landscaping).

H.

Walls and fences. Walls and fences that are visible from the street or main garden should be treated as an integral part of the architecture. The materials, colors, and detailing shall be consistent with the buildings they surround and adjoin. Walls and fences shall be in compliance with Section 17.40.180.B.3 (Multi-family projects (City of Gardens standards).

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7160 § 5, 2009; Ord. 7099 § 4, 2007; Ord. 7058 § 4, 2006; Ord. 7057 § 5, 2006; Ord. 7038, § 5 (a—h), 2006)

The presence of gardens and landscaped areas creates the ambiance of Pasadena more than any other factor. Neighborhood character and quality depend on the coherence, embellishment, and visibility of courts and gardens, on the size and consistency of front yards, and on the frequency and uniformity of street trees. Mandatory requirements regulating the size and configuration of yards and gardens are therefore a central feature of these provisions. RM zones within an adopted Specific Plan shall be subject to the requirements of this Section unless expressly superseded by the applicable adopted Specific Plan in Article 3 (Specific Plans).

A.

Main garden requirements. Each multi-family project shall have a landscaped open space as its central focus. This space may take the form of a main garden, private garden or landscaped court. It shall be a well-defined, coherent area that is an essential component of the project design, not merely space left over after the building mass is placed.

1.

Main garden location. The placement of a main garden shall comply with at least one of the following standards. Additional alternatives may be approved through the Design Review process.

a.

The main garden may be placed so that it and an existing garden on an adjacent lot work together to create the effect of one large garden or a wide connection between two spaces.

b.

The main garden may adjoin the minimum front setback line creating a deep, combined garden on the street. Decorative fences or other landscape elements shall be constructed so that the main garden is visible from the street.

c.

The main garden may be an internal courtyard, entirely contained within the site, but visible from the street.

d.

When a site contains a large, healthy tree or some other exceptional feature, the main garden may be placed to retain and take advantage of that feature. See also Chapter 17.44 (Landscaping).

e.

When an existing development on an adjoining site has entrances which face the proposed project and are close to the property line, the main garden may be placed so that those entrances are on the edge of a large contiguous space.

f.

When the adjoining lot contains a single-family house, the main garden may be placed so that there is a large space next to the house.

g.

In the RM-16 district, 50 percent of the required main garden area shall be provided as a main garden, and shall meet one of the location requirements described in a through f, above, including the required dimension. The balance of the required main garden area may be provided in the form of private gardens (not including balconies) adjoining and directly accessible from each unit (not including the required front setback); no minimum dimension is required. The private garden shall not be paved over more than 50 percent of its surface area.

h.

In the RM-32 and 48 districts, when the required garden area is 2,500 square feet or greater, 50 percent of the required main garden area shall be provided as a main garden meeting one of the location requirements described in a through f, above, including the required minimum dimension. The balance of the required main garden area may be provided in the form of ancillary gardens throughout the project site (not including the required front setback), and shall meet the minimum dimension of 20 feet in both directions. A minimum of 80 percent of the ancillary garden shall be landscaped.

Minimum garden area. The main garden rectangle and total area of garden on each site shall comply with the following minimum area requirements, based on the width of the lot.

3.

Minimum main garden dimensions. The main garden shall be a rectangular shape and shall have a minimum dimension of 20 feet in either direction. With approval through the Design Review process, an alternative shape for the main garden, private gardens, and ancillary gardens may be approved as long as the minimum total garden area and dimensions are met.

4.

Main garden enclosure requirements.

a.

On sites with 60 feet or more of street frontage, buildings shall enclose the garden for at least 50 percent of its perimeter.

b.

On sites with less than 60 feet of street frontage, buildings shall enclose the garden for at least 40 percent of its perimeter.

c.

On all sites, at least 75 percent of the main garden's perimeter shall be bounded by building walls, architectural elements such as low walls or trellises, or linear landscape elements such as hedges or rows of trees.

d.

As long as at least 75 percent of the main garden's perimeter is bounded, building walls and landscape elements may overlap.

e.

A segment of the main garden rectangle may be bounded by a building wall or a linear landscape element on an adjoining property provided that the wall or element is within 15 feet of the property line.

f.

Driveways located adjacent to a main garden shall be screened by linear landscape elements such as hedges or rows of trees, or by architectural elements such as low walls or trellises. The screening shall count towards the required enclosure of the main garden.

5.

Main garden visibility.

a.

On lots with more than 60 feet of street frontage, an opening at least 10 feet wide and 10 feet high shall provide a view to the main garden from the street. All fencing across the opening shall be partially open or perforated; fence or wall openings shall constitute a minimum of 80 percent of the screening surface and be evenly distributed throughout the fencing or wall. Gates, fences and landscaping across the opening or leading to the main garden shall not exceed 6 feet in height.

b.

For openings into the main garden of less than 20 feet in width, the depth shall not exceed twice the width. The height of the opening shall not be less than 10 feet.

c.

Openings 20 feet wide or more shall be open to the sky.

6.

Main garden planting and paving standards. The main garden may only occur under the following three conditions, either alone or in combination.

a.

The main garden may be at existing grade with no parking structure below. For gardens or parts of gardens at existing grade with no parking below, the following requirements apply:

(1)

At least 50 percent of the main garden shall be planted;

(2)

A main garden with a required area of 1,500 square feet or more shall have at least one canopy tree with a mature height of 35 feet or more. When the main garden is over subterranean parking, for each canopy tree required, a tree with a mature height of 25 feet shall extend down to natural soil. An additional canopy tree of this size shall be included for each additional 1,000 square feet of required area. Minimum tree well size at planting shall be 15 gallons.

(3)

Concrete may be used for walkways up to four feet in width but is not acceptable for area paving unless mandated by the Uniform Building Code. Unplanted areas with a minimum dimension of five feet or more shall be paved with unit pavers such as brick, tile or concrete or covered with decomposed granite or garden gravel.

(4)

The maximum dimension of unit pavers shall be 24 inches. Colored concrete is not an acceptable substitute for unit pavers. Fifty percent of the main garden are may be paved with an architectural grade finish, including embossed and or patterned concrete.

(5)

All planting shall comply with the requirements of Chapter 17.44 (Landscaping).

b.

The main garden may be at existing grade on two feet minimum of soil over a fully subterranean parking structure. For gardens or parts of gardens over fully subterranean parking, the following requirements shall be met in addition to the requirements listed above for gardens at existing grade.

(1)

Planting shall be at finished grade or in permanent planters. The top of walls of such planters may be no more than 18 inches above the finished grade at the main garden. Planter walls may step up. Where aesthetic considerations warrant an alternative to this requirement, the applicant may request Planning Director approval of this alternative. The review authority may approve up to 25 percent of the garden walls to be up to 28 inches in height to provide better tree growth.

(2)

For each canopy tree required, one tree well extending down through the parking structure shall be provided. Tree wells shall have a minimum inside diameter of six feet. A tree well area shall be counted as part of the required planting area.

(3)

Appropriate drainage shall be provided for planters, tree wells, and the soil covering the parking structure.

c.

The main garden may be up to two feet, eight inches above existing grade over a partially subterranean parking structure. Gardens or parts of gardens over partially subterranean parking shall comply with the following requirements in addition to the requirements listed above for gardens at existing grade and over fully subterranean parking.

(1)

Except for tree wells, planters and decorative garden elements such as fountains, the surface of the main garden shall be covered with a minimum of eight inches of well-draining soil for groundcover and grass areas, or unit pavers set in sand or soil with a total depth of eight inches. A minimum of 18 inches of soil will be required for shrubs. Trees shall be planted in tree wells.

(2)

Existing grade at the centerline of the site on the sidewalk side of the front property line shall be used in determining the height of the main garden above existing grade.

7.

Allowed encroachments into a main garden.

a.

Eaves may project up to three feet and fireplaces or chimneys may project up to two feet for a length of 10 feet measured parallel to the building into the main garden without having to maintain the minimum 20-foot dimension. The following encroachments may occur within the main or ancillary garden (but not private gardens) as long as the minimum dimension in any direction of the main garden is not reduced to less than 20 feet.

(1)

Exterior, unenclosed building elements such as stoops, balconies and open stairs may encroach into the main garden subject to the following limitations:

(a)

Encroaching balconies shall be supported by brackets or by columns at the ground floor.

(b)

Encroaching stairs shall be either wood or masonry and have closed risers.

(c)

Unenclosed encroachments shall have a maximum depth of four feet, measured perpendicular to the line defining the main garden rectangle, and an unlimited width, measured parallel to the line defining the main garden rectangle.

(d)

The total area of unenclosed encroachments shall not exceed seven percent of the area of the main garden rectangle.

(2)

Enclosed living space may encroach into the main yard subject to the following limitations:

(a)

Enclosed encroachments shall have a maximum depth of four feet, measured perpendicular to the line defining the main garden rectangle, and maximum width of 15 feet, measured parallel to the line defining the garden rectangle.

(b)

There shall be a minimum separation of four feet, measured parallel to the line defining the main garden rectangle, between enclosed encroachments.

(c)

The ground floor area of all enclosed encroachments shall not exceed 13 percent of the main garden rectangle.

B.

Total garden space required. The following requirements have been specifically designed to provide an incentive for assembling sites which permit gardens similar in size to historic examples. Site assemblies that are larger than the following dimensions, which would begin to reduce architectural diversity and fundamentally alter the scale and character of the city, are not eligible for this incentive.

1.

Eligible open space. The categories of open space that shall contribute to total garden space are:

a.

The main garden (see Subsection A.).

b.

The front yard.

c.

Side yards that are within 40 feet of the front setback line and meet the planting and paving requirements of the main garden.

d.

Common open space that has a minimum dimension of 10 feet and meets the planting and paving requirements of the main garden.

e.

Swimming pools, spas, tennis courts and other amenities.

2.

Reduction of main garden area. When the required main garden area plus the required front yard area exceed the total garden space requirement, the main garden proportion may be reduced subject to the following provisions:

a.

If the main garden is reduced under these rules, then the total garden reduction shall not exceed the amount of square footage by which the main garden is reduced.

b.

The main garden shall not be reduced to less than 75 percent of the required area.

c.

On corner sites, the main garden shall not be reduced to less than 50 percent of the required area.

3.

Overlapping not permitted. Space counted in one category cannot be counted again in another.

4.

On-site compliance required. All garden area requirements must be met within the site boundaries.

Waiver of main garden requirement. When front yard setback required by the applicable zoning district exceeds the total garden space requirement, no main garden shall be required. No reduction to the front yard setback shall be allowed. No voluntary enlargement of the front yard shall qualify a project for elimination of the main garden.

6.

Residual open space. Open space in addition to required garden space shall be attractively finished with landscaping or decorative paving. When landscaped, it shall meet the requirements of Chapter 17.44 (Landscaping).

C.

Incentives for the preservation of historic resources. In developments that preserve historic resources and structures with a California Historical Resources Status Code of 6L (determined ineligible for local listings or designation through local government review process; may warrant special consideration in local planning) or Status Codes of 1-5 (properties with a historic designation or eligible for historic designation), a decision may be made through the Design Review process to waive development standards or accept alternative solutions to assist in the preservation of these structures. The decisionmaker may waive or grant up to a 50 percent reduction to the main garden (and thereby accordingly reduce the total garden requirement), waive some or all of the required architectural elements and modulation requirements, if such action is reasonably necessary to accommodate such preservation. The total garden requirement may not be reduced by more than the amount of square footage reduction of the main garden.

D.

Front yard garden features. The front yard and the main garden are considered separate for the purpose of calculating total garden space. Their required areas cannot overlap. They may join one another, however, to create a continuous whole.

1.

Front yard configuration. The front yard is the area between the sidewalk and the front setback line, excluding any driveways. The front yard and the main garden are considered separate for the purpose of calculating total garden space. Their required areas cannot overlap. They may join one another, however, to create a continuous whole.

2.

Front yard size. The size of the front yard is determined by the required front yard setback and the width of the site minus any driveways. On corner lots and double frontage lots, the size of the front yard shall include the area between the sidewalk and the front setback line minus any driveways.

3.

Front yard planting and paving standards. For purposes of planting and paving standards only, the front yard shall include the planting strip between the sidewalk and the street.

a.

Except for walkways, the front yard shall be planted in its entirety with trees, shrubs, ground cover and water conserving plant materials.

b.

Street trees of an approved type shall be provided in the planting strip between the sidewalk and the street at a frequency of at least one tree per 30 feet of street frontage. Minimum tree size at planting shall be 15 gallons.

c.

The remainder of the planting strip shall be planted with small shrubs, groundcover and water conserving plant materials.

d.

All planting shall comply with Chapter 17.44 (Landscaping).

4.

Front yard encroachments. See Section 17.40.160 (Setback Measurement and Exceptions) for building encroachments. Private open space (excluding the private garden area) is not an encroachment and may be included as part of the front yard subject to the following limitations:

a.

The maximum height of walls or other elements separating such space from the rest of the front yard shall be two feet or less in height if opaque and four or less in height if it allows 80 percent visibility.

b.

The total area of private open space within the front yard shall not exceed 25 percent of the area of the front yard.

c.

The front yard as a whole shall meet the planting and paving standards of Subsection D.1.

E.

Craftsmanship and Building Elements.

1.

Craftsmanship element. Each project shall incorporate into the design at least one feature such as iron grates, tile fountains, cast terra cotta, wood work, stenciled ornament or other elements as approved by the Design Review authority.

2.

Building Element. In addition to the above requirements, each new project shall incorporate at least two building elements. Building elements include: upper floor loggias, roofed balconies supported by brackets or by columns at the ground floor, exterior wooden or masonry stairs with closed risers, or tile or masonry fountain.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7169 § 4, 2009; Ord. 7163 § 2, 2009; Ord. 7160 § 6, 2009; Ord. 7058 § 5, (Exh. 3), 2006; Ord. 7038, § 6 (a—l), 2006; Ord. 7009 § 7, 2005)

A.

Purpose. The Single-Family Compatibility Permit provides a review process for the City to consider the appropriateness of proposed development on single-family zoned lots to ensure that a proposed project is consistent in size and scale with existing dwellings within a 500-foot radius.

B.

Applicability. A Single-Family Compatibility Permit is required to authorize any proposed development that is subject to the requirements of this Chapter. For the purposes of neighborhood compatibility, the "neighborhood" is determined by

the median square footage of all properties within a 500-foot radius around the subject property. The "neighborhood" is not required to include:

• Properties located outside of the City of Pasadena;

• Properties not located in an RS district, or in a different RS district; and

• Properties separated by a significant manmade structure (e.g. freeway) or a significant natural feature (e.g. canyon) that, to the extent determinable by staff, is not the result of grading or other manmade alteration of the natural terrain.

C.

Application filing and processing. An application for a Single-Family Compatibility Permit shall be filed and processed in compliance with Section 17.60 (Application Filing and Processing). Single-Family Compatibility Permits shall follow the procedures of Conditional Use Permits as identified in Chapter 17.61.050, except as modified below. A Single-Family Compatibility Permit application shall include all information and materials required by Section 17.60.040 (Application Preparation and Filing) and the following additional information prepared by licensed or certified professionals:

1.

Visual analysis. All projects that require a Single-Family Compatibility Development Permit shall be required to provide a visual analysis in accordance with this subsection. In particular, a visual analysis is required to assist the review authority and interested citizens in understanding how a proposed structure will appear in the context of surrounding properties, and development.

a.

Content. A visual analysis shall consist of one or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers viewing the project from public rights-of-way and other public areas near the site.

b.

Form. To provide visual analysis of a project, two forms of visual analysis are required:

(1)

Digital and/or artistic renderings, including elevations or grading cross-section;

(2)

For new two-story houses and upper-story additions, story poles are required to be erected upon determination of a complete application and shall remain in place until the expiration of the applicable appeal period as identified in Section 17.72 (Appeals).

Story poles shall consist of wood posts or other rigid materials at all corners of the structure and at either end of the proposed ridgelines, with a minimum of two feet of orange safety fencing connecting the top of the poles.

Additional visual representations may be provided in one or more of the following forms, as determined below:

(a)

Temporary silhouette in compliance with Section 17.60.080 (Temporary Silhouette Requirement);

(b)

Photomontages, including photos of the site with the temporary silhouette (as applicable);

(c)

Computer-generated photo simulations;

(d)

A three-dimensional scale model of the project structure and site of a scale sufficient to evaluate the project as determined by the Zoning Administrator; and

(e)

Any other technique acceptable to the Zoning Administrator that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete.

c.

Specific requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Zoning Administrator in each case. Written analysis and/or design in addition to illustrations may also be required when determined by the Zoning Administrator to be necessary to clearly understand the potential visual impacts of the project.

All submitted maps, plans, drawings, and sketches shall be drawn to the same scale which shall be consistent throughout the review and approval process. Exceptions require the approval of the Zoning Administrator.

D.

Review authority. The Hearing Officer and/or Zoning Administrator may approve, conditionally approve, or disapprove a Single-Family Compatibility Permit in compliance with this Chapter.

E.

Project review, notice, and hearing. The project review and public notice and hearing requirements for a Single-Family Compatibility Permit shall be as follows:

1.

Notice of Application. Projects involving new two-story houses and/or upper-story additions are additionally required to provide a Notice of Application to all properties within 500 feet of the subject property upon determination of a complete application and installation of story poles. The Notice of Application shall provide a minimum 14-day notification period to properties within 500 feet of the subject property.

2.

Each application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this Section.

3.

If no request for a hearing is received during the Notice of Application period, the Zoning Administrator may render a decision on the application, which is appealable to the Board of Zoning Appeals.

4.

If a request for a hearing is received, the Zoning Administrator will submit a staff report for consideration by the Hearing Officer at a publicly noticed hearing. The Hearing Officer shall conduct a public hearing on the application before the

approval or disapproval of the permit.

5.

The Hearing Officer shall render a decision on the application within 10 days following the final public hearing on the application.

F.

Findings and decision. The applicable review authority may approve, conditionally approve, or disapprove a SingleFamily Compatibility Permit application, and shall record the decision and the findings upon which the decision is based. The applicable review authority may approve the permit only after first making the following findings:

1.

The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development along both sides of the blockface in terms of aesthetics, height, materials, massing, and scale;

2.

The proposed project includes contextual front yard setbacks and residence entryways consistent in scale with entries on both sides of the blockface. Blockfaces with 4 or fewer lots may include additional blockfaces within the 500-foot neighborhood to meet this finding.

G.

Conditions of approval. In approving a Single-Family Compatibility Permit, the review authority may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. above.

H.

Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 17.72 (Appeals), shall apply following the decision on a SingleFamily Compatibility Permit.

(Ord. 7371 § 4, 2021)

Chapter 17.24 - Commercial and Industrial Zoning Districts

This Chapter lists the land uses that may be allowed within the commercial and industrial zoning districts established by Section 17.20.020 (Zoning Map), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.

A.

General purposes. In addition to the purposes of this Zoning Code listed in Chapter 17.10, the general purposes of commercial and industrial district regulations are to:

1.

Provide appropriately located areas consistent with the General Plan for a full range of office, retail commercial, service commercial, and manufacturing uses needed by residents of, and visitors to, the City and the region;

2.

Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities;

3.

Create suitable environments for various types of commercial uses and protect them from the adverse effects of inharmonious uses;

4.

Minimize the impact of commercial development on adjacent residential districts;

5.

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located;

6.

Provide opportunities for residential development on the site of commercial development or on separate sites in certain commercial districts;

7.

Ensure the provision of adequate off-street parking and loading facilities; and

8.

Provide sites for public and semi-public uses needed to complement commercial development or be compatible with a commercial environment.

B.

Purposes of individual zoning districts. The additional purposes of each commercial and industrial district are as follows.

1.

Commercial Office (CO) District. To provide a landscaped environment for offices of residential scale and for residential development that is protected from the more intense levels of activity associated with retail commercial development. The CO district is consistent with and implements the General Commercial land use designation of the General Plan.

2.

Commercial Limited (CL) District. To provide sites for businesses serving the daily needs of nearby residential areas while establishing development standards that prevent significant adverse effects on residential uses within and adjoining a CL district; and provide opportunities for certain limited manufacturing and service uses that have impacts comparable to those of permitted retail uses to occupy space not in demand for retailing. The CL district is consistent with and implements the Neighborhood Commercial and General Commercial land use designations of the General Plan.

Commercial General (CG) District. To provide opportunities for the full range of retail and service businesses deemed suitable for location in Pasadena, including businesses not permitted in the CL district because they attract heavy vehicular traffic or traffic not destined for Pasadena residential areas or have certain adverse impacts; and provide opportunities for certain limited manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services. The CG district is consistent with and implements the General Commercial land use designation of the General Plan.

4.

Industrial General (IG) District. To provide sites for the full range of high technology, telecommunications, manufacturing, service, and distribution uses deemed suitable for location in Pasadena, to the extent feasible; and to minimize the impact of industry on adjacent residential districts.

17.24.030 - Commercial and Industrial District Land Uses and Permit Requirements

A.

Permit requirements. Table 2-5 identifies the uses of land allowed by this Zoning Code in the commercial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The following land use permit requirements are established by Table 2-5.

B.

Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use in addition to all other applicable provisions of this Zoning Code.

(Ord. No. 7435, § 4, 10-28-2024; Ord. No. 7420, § 3, 4-15-2024; Ord. No. 7418, § 2, 2-26-2024; Ord. No. 7414, § 2, 9- 11-2023; Ord. No. 7402, § 2, 9-19-2022; Ord. 7326 § 6, 2018; Ord. 7321 § 3 (Exh. 1), 2018; Ord. No. 7313, § 3, 11-132017; Ord. 7300 § 3 (Exh. 2), 2017; Ord. 7255 § 2 (Exh. 1), 2015; Ord. 7242, § 4 (Exh. 2), 2014; Ord. 7210 § 2, 2011; Ord. 7164 § 4, 2009; Ord. 7160 § 7, 2009)

17.24.040 - Commercial and Industrial District General Development Standards

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards). Principal and accessory structures shall meet the same development standards unless otherwise modified in this Zoning Ordinance.

tures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards). Principal and accessory structures shall meet the same development standards unless otherwise modified in this Zoning Ordinance.

(Ord. No. 7419, § 4, 2-26-2024; Ord. 7135 § 2 (Exh. 1), 2008; Ord. 7099 § 5 (Exh. 4), 2007; Ord. 7078 § 7 (Exh. 1), 2006; Ord. 7058 § 6 (Exh. 4), 2006; 7035 § 3, 2006)

17.24.050 - Commercial Frontage and Facade Standards

A.

Purpose. The provisions of this Section are intended to provide for pedestrian orientation and traditional building form in the commercial areas of the City. A principal design objective of this Zoning Code is for the street frontages in these areas to have continuous building facades with as few interruptions as possible in the progression of stores and other buildings, creating highly attractive, pedestrian-oriented streetscapes.

B.

Applicability. The requirements of this Section apply to proposed development within the CL, CG, and IG zoning districts. The review authority may approve minor variations to these standards as deemed appropriate, provided that the review authority also first finds that the minor variation will still produce a building that complies with the purpose of this Section.

C.

Elevation of first floor. At least 75 percent of the street-fronting length of the first habitable floor of a nonresidential structure shall be located no more than two vertical feet above or below the sidewalk elevation at any point along the street property line.

D.

Building placement. Each building shall be designed so that its front facade occupies 100 percent of its front property line. The review authority may grant exceptions for:

1.

A driveway that is necessary because no side street, alley, or easement can provide access to required parking on the rear of the lot or site;

2.

The initial phases of a multiphased building project that will occupy the entire frontage upon completion;

3.

A project proposed with a pedestrians-only plaza occupying a portion of the street frontage;

4.

A pedestrian corridor; or

5.

Double frontage or double-frontage corner lots or sites. The Review Authority shall determine which frontage is the primary frontage and which is the secondary frontage based on the character of the street frontages. A parking lot can face the street on the secondary frontage.

E.

Building treatment. Building design shall comply with the following requirements.

1.

Windows. Clear, untinted glass windows shall occupy a minimum of 50 percent of the width of the building facade parallel to the public sidewalk, with a minimum height of eight feet, to allow maximum visual interaction between sidewalk areas and the interior of buildings. Mirrored, reflective glass or tinted glass shall not be allowed. After

installation, clear glass windows shall not later be treated so as to become opaque or to be blocked so as to prevent visibility of the ground floor interior from the sidewalk.

2.

Railings and decorative grilles. Any decorative railing or grille work that is placed in front of or behind street-level windows shall be at least 75 percent open to perpendicular view and no more than six feet in height above grade. No security gate or grille shall be installed on the exterior of any structure.

F.

Pedestrian access to buildings. The primary entrance of each ground-floor use shall be located within the primary building frontage, and shall be recessed a minimum of three feet when accessed from the public right-of-way. Walk-up facilities and entries shall be recessed and provide adequate queuing space to avoid interruption of pedestrian flow.

(Ord. 7057 § 4, 2006)

Chapter 17.26 - Special Purpose Zoning Districts

This Chapter lists the land uses that may be allowed within the special purpose zoning districts established by Section 17.20.020 (Zoning Map and Districts), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.

The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows.

A.

OS (Open Space) District. The OS district is applied to sites with open space, parks, and recreational facilities of a landscaped, open character having a minimum contiguous site area of two acres. The OS zoning district is consistent with and implements the Open Space land use designation of the General Plan.

B.

PS (Public and Semi-Public) District.

1.

Purpose. The PS district is intended to provide a specific base zoning district for large public or semi-public land uses that may not be appropriate in other base zoning districts, and to allow:

a.

Consideration of the establishment or expansion of a large public or semi-public use at rezoning hearings rather than at Conditional Use Permit hearings only, and give notice to all of the extent of a site approved for a large public or semipublic use by delineating it on the Zoning Map; and

b.

The Commission and Council to consider the most appropriate use of a site following discontinuance of a large public or semi-public use without the encumbrances of a base district that may or may not provide appropriate regulations for reuse of the site.

The PS zoning district is consistent with and implements the Institutional land use designation of the General Plan.

2.

Applicability. The PS district is applied to sites with a contiguous area of two acres or more, including alleys, streets, or other rights-of-way. Persons wishing to establish public or semi-public uses on sites of two acres or more after the above date may apply for a zone change in compliance with Chapter 17.74.

C.

PD (Planned Development) District.

1.

Purpose. The PD zoning district is intended for sites where an applicant proposes and the City desires to achieve a particular mix of uses, appearance, land use compatibility, or special sensitivity to neighborhood character. The specific purposes of the PD district are to:

a.

Establish a procedure for the development of large parcels of land in order to reduce or eliminate the rigidity, delays, and inequities that otherwise would result from application of land use regulations and administrative procedures designed primarily for small parcels;

b.

Ensure orderly and thorough planning and review procedures that will result in quality urban design;

c.

Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity;

d.

Allow certain types of development consistent with the general plan that can be acceptable at a specific location only under standards significantly more restrictive than those of a base district in which the use is permitted;

e.

Provide a mechanism whereby the city may authorize desirable developments in conformity with the general plan without inviting speculative rezoning applications that if granted, often could deprive subsequent owners of development opportunities that do not necessarily result in construction of the proposed facilities;

f.

Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it;

g.

Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended; and

h.

Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

The PD zoning district is consistent with all land use classifications of the General Plan.

2.

Applicability.

a.

No new applications for PD zoning districts shall be initiated unless an application was filed with the Planning and Community Development Department prior to February 27, 2023.

b.

Minimum site area. Initially, the PD district shall be applied only to sites of two acres or larger, provided that the site may thereafter be subdivided in compliance with an approved PD Plan. PD zoned lots created as a result of the implementation of this title are not subject to the two-acre minimum.

3.

Procedures.

a.

The Commission shall consider an application for reclassification to a PD zoning district in compliance with Chapter 17.74 (Amendments) and shall, at the same time, consider the proposed PD plan accompanying the application in compliance with Chapter 17.76 (Public Hearings).

(1)

A PD with a proposed increase in the FAR or residential density, as allowed in Section 17.26.020(C)(3)(b), shall be reviewed by the Design Commission prior to consideration by the Commission. The Design Commission shall advise the Commission as to whether the architectural design of the proposed PD is contextual and of a high-quality.

b.

A recommendation of the Commission to reclassify to a PD zoning district shall be accompanied by a recommendation on the PD plan.

c.

The Council shall consider the Commission's recommendation to reclassify the subject property to a PD zoning district in compliance with Chapter 17.74 (Amendments).

d.

Revision. An application for a revision to an existing PD plan shall be considered by the Commission at a public hearing with notice given as identified for a Conditional Use Permit in compliance with Chapter 17.76 (Public Hearings).

e.

Renewal.

(1)

The Commission may renew a PD plan if it finds the renewal consistent with the purposes of this Subsection.

(2)

Application for renewal shall be filed in writing with the Department not less than 30 days and not more than 60 days before expiration of the PD plan.

4.

PD zoning district regulations and accompanying PD plan.

a.

Land use regulations. No use other than an existing use as of the effective date of the ordinance enacting this Subsection shall be allowed in a PD zoning district except in compliance with a valid PD plan. Any allowed or conditionally allowed use authorized by this Subsection may be included in an approved PD plan, but only when it is deemed consistent with the General Plan.

b.

Development standards.

(1)

The FAR of a PD shall not exceed the FAR allowed on the Land Use Diagram for the project site unless approved by the City Council, but only as high as 3.0, and only when it can be shown the architectural design of the PD is contextual and of a high-quality.

(2)

The residential density of a PD shall not exceed the residential density allowed on the Land Use Diagram for the project site unless approved by the City Council, but only as high as 87 dwelling units per acre, and only when it can be shown the architectural design of the PD is contextual and of a high-quality. The residential density may also exceed that of the Land Use Diagram if the project is complying with the Density Bonus provisions of Chapter 17.42 (Affordable Housing Incentives and Requirements).

(3)

In the CD district, no PD plan may authorize a greater height than that permitted by Figure CDSP-8 Building Height, per Section 17.30.

(4)

The performance standards of Section 17.40.090 shall apply.

(5)

Other development regulations shall be as prescribed by the PD plan.

c.

PD plan.

(1)

A PD plan shall be defined as the ordinance adopting the PD zoning district as well as the accompanying conditions established by the Commission.

(2)

A PD plan shall be effective on the same date as the effective date of the ordinance enacting the PD zoning district for which it was approved and shall expire two years after the effective date or upon expiration of a tentative tract map, unless a Building Permit has been issued and construction diligently pursued to completion.

(3)

An approved PD plan may specify a phased development program exceeding two years.

(4)

Notwithstanding the provisions of this Subsection, converted accessory dwelling units, as defined in Section 17.80.020 and meeting the requirements of Section 17.50.275, are permitted in PD zoning districts that allow single-family residential uses.

(5)

Zoning map designation. A PD zoning district shall be noted by the designation "PD, (followed by the number of the PD district based on order of adoption.

(6)

Location of PD plans. A list of PD plans is contained in Appendix A. The file containing the land use regulations and development standards of the PD plan shall be maintained in the office of the Director and shall be available at the Permit Center.

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7411, § 2, 4-3-2023; Ord. 7321 § 6, 2018; Ord. 7277 §§ 2—4, 2016)

17.26.030 - Special Purpose District Land Uses and Permit Requirements

A.

OS and PS districts.

1.

Permit requirements. Table 2-7 identifies the uses of land allowed by this Zoning Code in the OS and PS zoning districts, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land Uses and Permit Requirements). The following land use permit requirements are established by Table 2-7.

2.

Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section number, the regulations in the referenced section apply to the use in addition to all other applicable provisions of this Zoning Code.

B.

PD district land uses and permit requirements. The land uses that may be allowed within the PD zoning district and the land use permit requirements for each use shall be determined through the process of rezoning property to the PD district.

(Ord. No. 7435, § 5, 10-28-2024; Ord. No. 7420, § 3, 4-15-2024; Ord. No. 7418, § 2, 2-26-2024; Ord. No. 7414, § 2, 9- 11-2023; Ord. 7326 § 6, 2018; Ord. 7313, § 4, 2017; Ord. 7300 § 4 (Exh. 3), 2017; Ord. 7255 § 3 (Exh. 2), 2015; Ord. 7169 § 5, 2009; Ord. 7164 § 5 (Exh. 3), 2009; Ord. 7160 § 9 (Exh. 3), 2009; Ord. 7099 § 6 (Exh. 5), 2007)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures in all special purpose districts except PD (Planned Development), shall be designed, constructed, and/or established in compliance with the following requirements, the development standards (e.g., landscaping, parking and loading, etc.) in Article 4 (Site Planning and General Development Standards), and all other applicable requirements of this Zoning Code. Principal and accessory structures shall meet the same development standards unless otherwise modified in this Zoning Ordinance.

A.

Master Plan requirement.

1.

The Planning Director may require any use within the OS and PS districts to submit a Master Plan, in compliance with Section 17.61.050.

2.

The Planning Director may require any public or semi-public use to submit a Master Plan, in compliance with Section 17.61.050.

B.

OS and PS district development standards.

1.

Development standards shall be as specified by a Conditional Use Permit or Master Plan.

2.

Prior to the approval of a Conditional Use Permit or Master Plan, properties within the OS and PS districts shall be subject to the development standards of the most restrictive abutting zoning district.

3.

Development consistent with an approved Master Plan shall not be subject to Conditional Use Permit review.

4.

City projects shall comply with the public art design standards of Section 17.40.100.

(Ord. No. 7419, § 4, 2-26-2024.)

Chapter 17.28 - Overlay Zoning Districts

This Chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 17.20.020 (Zoning Map and Zoning Districts). The provisions of this Chapter provide guidance for development in addition to the standards and regulations of the base zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

17.28.020 - Applicability of Overlay Zoning Districts

A.

Mapping of overlay districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 17.20.020 (Zoning Map and Zoning Districts), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, RS-4-HD).

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay district:

1.

Any land use allowed in the applicable base zoning district may be allowed within an overlay district, subject to any additional requirements of the overlay district;

2.

Development and new land uses within an overlay district shall obtain the land use permits required by the base zoning district; and

3.

Development and new land uses within an overlay district shall comply with all applicable development standards of the base zoning district.

C.

Conflicting provisions. The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Zoning Code, the most restrictive shall control.

A.

Purpose. The purposes of the AD (Alcohol Density) overlay district are to:

1.

Provide increased public notification for the establishment of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off-site consumption; and

2.

Regulate the density of new bars and taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and food sales, liquor stores, convenience stores, and any other use that provide for the sale of alcohol for off-site consumption in order to prevent an over-concentration of such uses.

B.

Public notice. This Subsection provides noticing requirements in addition to those in Chapter 17.76 (Public Hearings). The following types of notice shall be provided for applications proposing new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off-site consumption. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.

1.

Timing of notice. Notice shall be mailed and posted at least 28 days prior to the public hearing.

2.

Mailed notice. Notice shall be mailed to occupants of buildings within 300 feet of the site boundaries.

C.

Separation requirements. New bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, and uses which provide for the sale of alcohol for off-site consumption shall be separated from existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service and uses which provide sales of alcohol for off-site consumption, as follows. These separation requirements are applied to property by the Zoning Map designating appropriate areas in either the AD-1 or AD-2 overlay districts. These requirements shall also apply to existing bars or taverns and uses which provide for the sale of alcohol for off-site consumption if the use changes from beer and wine sales to full alcohol sales.

1.

AD-1 separation requirements. Within areas designated AD-1 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 250 feet.

2.

AD-2 separation requirements. Within areas designated AD-2 on the Zoning Map, the facilities regulated by this Section shall be separated by a minimum distance of 1,000 feet.

D.

How to measure. The separation between the above identified uses shall be measured in a straight line, without regard to intervening structures, from the closest property line of new bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol service, or uses which provides for the sale of alcohol for off-site consumption to the closest property line of an existing bars or taverns, billiard parlors with alcohol service, nightclubs with alcohol services, or uses which provide sales of alcohol for off-site consumption.

(Ord. No. 7435, § 6, 10-28-2024)

A.

Purpose. The HL overlay district is used to establish special height limits to achieve or preserve the desired character of a neighborhood or nonresidential area within the City.

B.

Applicability. The HL overlay district shall be applied to property through the amendment process (Chapter 17.74) by designating the boundaries of the HL overlay on the Zoning Map and annotating the bounded area on the map with the letters "HL" as a suffix to the map symbol for the primary zoning district, followed by a number indicating the height limit in feet. Height averaging may be used in conjunction with the HL district. Height averaging shall be noted on the Zoning Map as a number in parentheses indicating the height limit in feet. Height averaging shall conform to the requirements of 17.30.050.B (Height limit exceptions).

(Ord. 7009 § 8, 2005)

A.

Purposes. The HL-1 overlay district is used to establish special height limits in multi-family districts to ensure compatibility of new development with the surrounding neighborhood.

B.

Applicability. The HL-1 overlay district may be combined with any multi-family district. It shall be applied to property designated "HL-1" on the Zoning Map.

C.

Land use. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the HL-1 overlay district in compliance with the land use permit requirements of the applicable zoning district.

D.

Development standards. Except as modified in this chapter, the development standards shall be those of the underlying district.

1.

General. On lots 60 feet in width or greater, the maximum height of structures in the rear 40 percent of the site is 23 feet to the top plate and 32 feet to the highest ridgeline.

2.

Maximum Height at Garden Rectangle. The maximum height of structures shall not exceed two stories.

17.28.060 - HH Hospitality Home Overlay District

A.

Purpose. The HH overlay district is to allow for the establishment of hospitality homes in specific zoning districts and ensure that proper review of a hospitality home occurs to minimize any potential impacts that may result from the hospitality home.

B.

Applicability. The HH overlay district may be combined with any district. It shall be applied to property designated "HH@on the Zoning Map.

C.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the HH overlay district in compliance with the land use permit requirements of the applicable zoning district. A hospitality home may be established with Minor Conditional Use Permit approval.

D.

Development standards. The development standards shall be those of the underlying base district. Parking requirements shall be as specified by the minor conditional use permit.

A.

Purpose. The IS interim study overlay district is intended to allow discretionary review of development proposals in areas where changes in zoning regulations are contemplated or under study. The IS district may be combined with any base district.

B.

Rezoning.

1.

Study plan. Prior to approving a Zoning Map amendment reclassifying land to an IS district, the Commission and Council shall approve a study plan that identifies regulatory problems and states land use regulations and development standards for the area proposed for reclassification.

2.

Expiration and renewal of IS district ordinance. An ordinance establishing an IS district shall contain a provision terminating the IS designation one year from its effective date unless extended. No more than two, one-year extensions may be granted. An ordinance establishing an IS district may be amended, reenacted, or superseded by a Zoning Map amendment adopted in compliance with Chapter 17.74.

C.

Permit requirement. Conditional Use Permit approval is required for establishment of any new, altered or expanded use in the IS district. Allowable uses are limited to those identified as permitted or conditional in the applicable base district.

D.

Required findings. In addition to all other findings required by this Zoning Code for Conditional Use Permit approval and any findings required for a specific use, Conditional Use Permit approval in the IS district shall require that the Review Authority first find that the proposed use will not conflict with the land use regulations and development standards established for the area at the time the IS district was adopted.

E.

Development standards. Development standards for the IS district shall be specified by Conditional Use Permit approval, or shall be those of the applicable base district.

A.

Purpose. The purposes of the LD landmark overlay district are to:

1.

Implement the General Plan by ensuring development consistent with the urban design, neighborhood enhancement, housing, land use, and historic and cultural resources elements thereof;

2.

Deter the demolition, destruction, alteration, misuse or neglect of architecturally significant buildings that form an important link to Pasadena's past;

Promote the conservation, preservation, protection, and enhancement of each landmark district;

4.

Stimulate the economic health and residential quality of the community and stabilize and enhance the value of property; and

5.

Encourage development that is consistent with the Secretary of the Interior's Standards and City Council-adopted design guidelines based on the Secretary of the Interior's Standards.

B.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses are allowable in the LD overlay district in compliance with the land use permit requirements of the base zoning district.

C.

Development standards. Development standards in the LD overlay district shall be those of the applicable base district. In the event of a conflict, the provisions of the LD district shall control.

D.

Zoning Map designation. LD overlay districts shall be depicted on the Zoning Map by adding the suffix "LD" to the base district designation, followed by the number of the LD district based on order of adoption.

E.

Application of district and development review procedures. The requirements of this Zoning Code for the application of the LD overlay district to property, and administrative procedures for the review of proposed development within an LD overlay district are in Chapter 17.62 (Historic Preservation).

(Ord. 7372 § 5, 2021)

17.28.090 - ND Neighborhood Overlay District

A.

Purpose. The ND neighborhood overlay district is intended to create special regulations for the Lower Hastings Ranch Area to promote development that is orderly and compatible with the traditional scale and character of the neighborhood. Lower Hastings Ranch is predominantly defined by one-story, single-family dwellings exhibiting California Ranch and/or Modern Ranch style architecture. These types of architecture are defined as a series of set elements that address both the building form and the spaces in and around the house, emphasizing the horizontal rather than the vertical, low pitched roofs, moderate-to-wide roof overhangs, an off-centered entry sheltered under the main roof of the house, garage(s) attached to the main dwelling (front, side, or rear orientation), and a large picture window on the front facade. Massing of the front facade is typically asymmetrical in nature, emphasizing the horizontal and with varying form and articulation. Cross-gables or cross-hipped roofs are common methods to achieve this design.

B.

Applicability. Proposed new houses, building additions, and facade improvements within the ND overlay zoning district shall comply with all applicable requirements of the base zoning district, except where this Chapter establishes a different requirement.

C.

Definitions.

1.

Protected View. A "protected view" may include, but is not limited to, views of City lights, the valley floor, and the San Gabriel Mountains, as seen at a specified point six feet (6') above the finished grade of the building pad, either immediately adjacent to or in line with the main dwelling. Views of open sky, foliage, and adjacent properties are not protected views. Existing structures and foliage, whether on the subject property or adjacent parcels, shall be considered to have no visual impact on a protected view.

==> picture [322 x 181] intentionally omitted <==

D.

Permit Requirements. A new dwelling, second story addition, or any building addition visible from a public right-of-way shall require Neighborhood Development Permit approval in compliance with Section 17.28.090(H) in addition to any other permit required by this Zoning Code.

E.

Development standards for all projects. Development standards for all projects shall be those of the RS-6 district, except as follows:

1.

Slope reduction. All portions of a lot with a 50 percent slope or greater shall be deducted from the lot area used for calculating maximum allowable gross floor area.

2.

Height limits. No structure shall exceed the following height limits, except in compliance with Section 17.40.060 (Height Requirements and Exceptions).

a.

The maximum height of main structures shall be 26 feet.

b.

The maximum top plate height of the first story of the main structure shall not exceed ten feet.

3.

Front porches and entryways.

a.

Height. The top plate height of a proposed or altered front porch shall not exceed the top plate height of the existing first story, or 10 feet, whichever is less. The front porch shall not exceed one-story and shall meet the roof slope requirements below.

b.

Design. A proposed front porch shall be located under the existing roofline, or the roofline of a new front porch shall be the continuation of the existing roof of the main residence.

4.

Roof pitch. The roof pitch of additions shall be the same roof pitch as the existing residence but shall not exceed 4:12 (vertical:horizontal). For new structures, the roof pitch shall be a maximum of 4:12 (vertical:horizontal).

F.

Additional Development Standards for Projects Requiring a Neighborhood Development Permit.

1.

Maximum Floor Area — Two Story Structures. The maximum size for all two-story structures shall not be greater than ten percent above the average floor area of existing single-family houses within the same zoning district and within 500 feet of the subject property.

2.

Size of second story additions. The maximum allowable floor area of a second-story shall be limited to 50 percent of the proposed floor area of the first story (not including attached garage).

3.

Setbacks and encroachment plane.

a.

Second story side setback. The second story of the main structure, and any portion of the main structure over ten feet in height, shall be set back a minimum of five feet from the existing first floor side walls, including any wall openings and modulations. This setback shall be calculated from the first floor side walls as they existed on August 25, 2011.

b.

Second story front setback.

(1)

Second story additions. Second story additions and any portion of the main structure over ten feet in height shall be set back a minimum of 10 feet from the first floor front wall. The setback shall be measured from the first floor front wall and any modulations as it existed on August 25, 2011.

(2)

New main structure. On a new main structure which includes a second story, the second story and any portion of the main structure over ten feet in height, shall be set back a minimum of 10 feet from the first floor front wall and any

modulations.

c.

Second story rear setback. The second story of the main structure and any portion of the main structure over ten feet in height shall be set back a minimum of five feet from the first floor rear wall. This setback shall apply to new main structures that include a second story as well as additions to existing second stories.

d.

Encroachment plane. In addition to the minimum side yard requirements, the main structure shall not be located within a side-yard encroachment plane sloping at a 45-degree angle measured from the vertical, commencing six feet above the existing grade along the interior side property line.

e.

Projections into yards and encroachment planes. See Section 17.40.160 (Setback and Encroachment Plane Requirements and Exceptions).

4.

Height limits. No structure shall exceed the following height limits, except in compliance with Section 17.40.060 (Height Requirements and Exceptions).

a.

The maximum top plate height of the second story of the main structure shall not exceed 20 feet.

b.

The floor height (i.e. the height from the bottom plate to the top plate) of a second floor shall not exceed the floor height of the first floor. In the case where the first floor height varies, the lowest floor height shall be used.

==> picture [322 x 179] intentionally omitted <==

G.

Building Design Standards. New houses, additions, and facade improvements shall comply with the following standards:

1.

Building Design Standards for All Projects.

A.

Roof Design and Materials.

(1)

Roof designs shall include hipped, dutch-gabled, side-gabled, or cross-gabled roof types.

(2)

Roofing materials shall consist of one of the following: asphalt shingles, wood shingles, and flat concrete tile.

(3)

The following roofing materials are prohibited: curved roofing materials such as clay or concrete "s" barrel tiles, unless the project is an addition to an existing house that is not designed in California Ranch or Modern Ranch style.

(4)

Roof overhangs shall be a minimum of 12 inches deep. Exposed, open eave, boxed, or boxed eave rafters shall be utilized.

(5)

First-story roof eaves shall be continuous to avoid flat two-story tall walls.

(6)

Rafter tails shall be painted to match the fascia or remain stained natural to retain a natural wood finish.

B.

Exterior Wall Surfaces.

(1)

Porch supports shall consist of wood posts and may include wood triangular braces to each side.

(2)

Wall surface materials shall consist of at least one of the following: Wood, brick, stone, wood shingles, stucco, and board-and-batten.

(3)

The following surface materials are prohibited within front yards or for front facades: concrete block.

==> picture [322 x 209] intentionally omitted <==

(4)

The following design elements are prohibited:

A.

Architectural foam detailing, foam window trim, and/or foam moldings

B.

Pre-cast architectural window trim

C.

Applied faux columns

D.

Quoins

E.

Pre-cast concrete and/or glass porch railings and balustrades

F.

Highly ornate metal railings or fences

G.

Decorative eave details, corbels, or dentil details

==> picture [322 x 195] intentionally omitted <==

==> picture [322 x 357] intentionally omitted <==

C.

Window Design and Styles.

(1)

For additions and facade improvements to existing houses:

A.

Window types must consist of one or more of the following:

i.

Casement

ii.

Double-hung

iii.

Large picture windows

iv.

Short windows grouped on an upper facade

B.

The following window types are prohibited:

i.

Arched windows

(2)

Street and side-yard facing windows shall not extend floor-to-ceiling.

2.

Additional Building Design Standards for Projects Requiring a Neighborhood Development Permit.

A.

Privacy.

(1)

Balconies, decks, and porches located on the second floor shall be integrated and recessed into the roofline of the structure. Balconies, decks, and porches that project outward from the second story of a structure are prohibited.

==> picture [322 x 260] intentionally omitted <==

(2)

Second floor windows facing a side yard are limited to one or more of the following techniques:

A.

Clerestory windows

B.

Recessed windows

C.

Non-transparent or obscured glazing

D.

Permanent architectural screens

E.

Permanently affixed louvers

B.

Exterior Wall Surfaces. In addition to the requirements of Section 17.28.090(E) and 17.29.090(F), the following requirements apply:

(1)

For new houses, cladding variation such as accented entries, base treatment, or accented gable roof ends shall be provided on all street-facing facades, utilizing the appropriate materials as defined in Section 17.28.090(G)(1)(B).

H.

Neighborhood Development Permit

1.

Purpose. The Neighborhood Development Permit provides a review process for the City to consider the appropriateness of proposed development within Lower Hastings Ranch. The process is designed to ensure that proposed projects:

A.

Are compatible with the predominantly one-story, Ranch-style character of Lower Hastings Ranch.

B.

Minimize two-story development in the neighborhood.

C.

Minimize visual impacts, including impacts to protected views for two-story projects.

2.

Applicability. A Neighborhood Development Permit is required to authorize a new dwelling, new second-story, secondstory addition, or any building addition visible from a public right-of-way, to ensure compliance with this Chapter.

3.

Requirements for One-Story Houses.

A.

Application Filing and Processing. An application for a Neighborhood Development Permit shall be filed and processed in compliance with Section 17.60 (Application Filing and Processing). A Neighborhood Development Permit shall include all information and materials required by Section 17.60.040 (Application Preparation and Filing) and the following additional information:

(1)

Visual Representation. All projects that require a Neighborhood Development Permit shall be required to provide visual representations of the project in accordance with this subsection. Visual representations are required to assist the review authority and interested citizens in understanding how a proposed structure and its accompanying grading and other site development will appear in the context of the surrounding properties.

A.

Content. Visual representation shall consist of:

i.

One or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers viewing the project from public rights-of-way three houses down in either direction and from other public areas near the site.

ii.

The number of illustrations required and their vantage points shall be determined by the Zoning Administrator in each case.

B.

Form. Applicants must select and provide at least one form of visual representation from the following list:

i.

Digital and/or artistic renderings, including elevations or grading cross-sections;

ii.

Computer-generated photo simulations; or

iii.

A three-dimensional scale model of the project structure and site of a scale sufficient to evaluate the project as determined by the Zoning Administrator.

(2)

Site Topography. A topographic map covering the entire site may be required at the discretion of the Zoning Administrator if deemed necessary to clearly understand the potential visual impact of the project. The topographic map shall be prepared with a contour interval of not more than five feet, which shall also identify the proposed building site, and all areas of the site with slopes of 15 percent or less, all areas of the site with slopes that are more than 15 percent but no more than 50 percent, and all areas of the site with slopes of 50 percent or more. An average slope calculation is required for the entire lot area.

4.

Additional Requirements for Two-Story Houses.

A.

Applicability. In addition to the requirements of Section 17.28.090 (H)(3), the following additional requirements for two story houses shall apply.

(1)

Visual Representation. In addition to the Visual Representation requirements of Section 17.28.090 (H)(3), all two-story projects shall be required to provide story poles in accordance with this subsection.

(2)

Form. Story poles shall be erected upon determination of a complete application, and shall remain in place for a minimum of 14 days. Applicants must submit photographic evidence confirming that story poles are in place. In addition, applicants must select and provide one additional form of visual analysis from the list specified in Section 17.28.090 (H) (3)(a)(1)(a).

I.

Notice of Application. Upon receipt of a complete application and verification that story poles, if applicable, have been erected on the subject property, a Notice of Application shall be mailed to all property owners within 500 feet of the proposed project. The notice shall include a description of the proposed project and shall inform property owners of their ability to review and comment on the proposed project.

J.

Review Authority. The Hearing Officer may approve, conditionally approve, or disapprove a Neighborhood Development Permit in compliance with this Chapter.

K.

Project Review, Notice and Hearing.

1.

Each application shall be analyzed by the Zoning Administrator to ensure that the application is consistent with the purpose and intent of this Section. The Zoning Administrator shall submit a staff report and recommendation to the Hearing Officer for consideration on a Neighborhood Development Permit.

2.

The applicable review authority shall conduct a public hearing on an application for a Neighborhood Development Permit before the approval or disapproval of the permit.

3.

In addition to the requirements of Section I (Notice of Application), notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).

4.

The applicable review authority shall render a decision on the application within ten days following the final public hearing on the application.

L.

Findings and Decisions. The Hearing Officer may approve, conditionally approve, or disapprove a Neighborhood Development Permit application, and shall record the decision and the findings upon which the decision is based. The Hearing Officer may approve the permit only after first making the following findings:

1.

Standards Compliance. The design, location, and character of the proposed house or other structure are consistent with the Development Standards in Section F and Building Design Standards in Section G.

2.

Neighborhood Consistency. Consistency is determined following a review of existing site conditions, visibility of the site, and the size, scale, materials, and character of existing development within 500 feet of the site. The Hearing Officer must find that the house or other structures are compatible with existing houses and consistent with the prevailing neighborhood character.

3.

Massing and Articulation. The massing, scale, and building articulation of the proposed house or other structure is reasonably consistent in scale and proportion to existing houses in the neighborhood.

4.

Topography. The house or other structure is designed to reasonably incorporate and avoid natural topographic features.

M.

Additional Findings for Two-Story Projects Subject to a Neighborhood Development Permit.

1.

Necessity of Two-Story House. The Hearing Officer must find that:

A.

A one-story house or one-story addition cannot reasonably be constructed on the property due to site constraints, such as protected trees or topography, or due to development standards such as required setbacks.

2.

View Protection. The house or other structure will not unreasonably visually intrude upon a protected view, as defined in Section 17.28.090(C).

3.

Privacy. The house or other structure is designed to minimize privacy infringement on neighboring residents.

N.

Conditions of Approval. In approving the Neighborhood Development Permit, the Hearing Officer may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Sections K and L above.

O.

Post Approval Procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 17.72 (Appeals), shall apply following the decision on the Neighborhood Development Permit.

(Ord. 7291 § 2, 2017; Ord. 7211 § 2, 2011)

17.28.100 - OC Office Conversion Overlay District

A.

Purpose. The purpose of the OC overlay is to allow for the creation of zoning districts in which structures of historic significance can be converted to office uses.

B.

Applicability. The OC overlay shall apply to the areas designated on the official zoning map of the City, and shall be combined with the underlying base district for the area.

C.

Allowable land uses. All land uses in the base zoning district that are permitted or conditionally permitted are allowed in the OC overlay district except that the reuse of historic structures shall be limited to those uses included under the definition of Offices - Administrative Business Professional in Article 8 (Glossary of Specialized Terms and Land Use Types).

D.

Permit requirements. Minor Conditional Use Permit approval, in compliance with Section 17.61.050, shall be required to authorize the reuse of a structure in compliance with this section.

E.

Conditions of approval. In granting a Minor Conditional Use Permit approval, the review authority, at a minimum, shall adopt the following conditions of approval.

1.

Any modifications to the exterior of the structure shall be subject to review and approval in accordance with category 1 review procedures outlined in Section 17.62.090.E.1.

2.

The hours of operation of any business shall be limited to 7:00 a.m. through 8 p.m.

3.

Each structure may have one sign, not to exceed eight square feet in size. The sign may be freestanding or located on a structure's wall, and shall not exceed a height of four feet measured from existing grade. Any freestanding signs shall be located within five feet of the structure. The design and materials of any sign shall be compatible with the structure.

4.

Exterior lighting shall be designed to confine emitted light to the property, and the light source shall be visually screened from surrounding properties and streets in compliance with Section 17.30.080 (Lighting).

5.

Any structure over 3,000 square feet in size shall provide one residential unit on the premises. Any bungalow court must retain one bungalow as a residential unit.

6.

If a proposed use displaces residential households or tenants, the applicant shall comply with Municipal Code Sections 16.46.050 and 16.46.060 relating to relocation financial assistance.

F.

Parking. Parking shall be provided in compliance with Chapter 17.36 (Parking and Loading) except as follows:

1.

A minimum of 2.5 parking spaces shall be provided for each 1,000 square feet of gross floor area.

2.

Parking shall not be allowed in the front setback or corner side yard setback.

3.

No loading space shall be required.

G.

Expansion. The expansion of a use approved in compliance with this section shall comply with the development standards of the CO (Commercial Office) zoning district.

(Ord. 7163 § 3, 2009)

A.

Purpose. The purpose of the PK parking overlay district is to allow development of off-street parking facilities serving a C, I, or PS district to be located in an R district subject to regulations that minimize adverse impacts on adjoining residential areas.

B.

Applicability. The PK district may be combined with any R district. References to R districts in this Section are to R districts that are not combined with a PK district.

C.

Allowable land uses. All land uses allowed in the base zoning district as permitted or conditional uses may be allowed in the PK overlay district in compliance with the land use permit requirements of the applicable base zoning district. Offstreet, at-grade parking lots may be established with Minor Conditional Use Permit approval.

D.

Development standards. Development standards in the PK district shall be those of the applicable R district, provided that off-street parking facilities shall also comply with the provisions of Chapter 17.46. In the event of conflict, the provisions of this Section shall control.

1.

The parking lot driveway shall be located as close to the C or PS district boundary as possible.

2.

Parking lot landscaping shall be provided in compliance with Chapter 17.44 (Landscaping).

3.

A solid masonry or concrete wall six feet in height shall adjoin a property line in an R district or an alley opposite an R district. A six-foot solid masonry or concrete wall may be required along the inner edge of a required planting strip adjoining a street property line as determined by the Zoning Administrator. At street intersections, the wall shall be located to comply with Chapter 12.12 of the Municipal Code. Within the required front yard, the wall shall not exceed four feet in height.

4.

The front setback shall be the minimum required by the base zoning district. The front setback shall be landscaped in compliance with Chapter 17.44.

5.

The parking lot use shall be limited to the hours between 7:00 a.m. and 10:00 p.m. These hours may be extended through Minor Conditional Use Permit approval.

17.28.115 - SS Specialty Shop Overlay District

A.

Purpose. In addition to the general purposes of this article and the purposes of the base district, the specific purpose of the SS overlay district is to allow for the establishment of a business located in an historic resource with a combination

of retail and food sales with a restaurant use in specific zoning districts.

B.

Applicability. The provisions of this chapter shall apply to certain specific areas designated "SS" on the official zoning map of the city, and shall be combined with the applicable underlying base district.

C.

Land use regulations. Land use regulations shall be those of the underlying base district, except that a specialty shop may be permitted subject to approval of a conditional use permit.

D.

Definition of specialty shop. A specialty shop is a business located in an historic resource with a combination of retail sales, food sales and a restaurant use. The mix of uses cannot be more than 60 percent retail and food sales and 40 percent restaurant of the floor area being used (including any storage area). The Review Authority may, upon review of the proposed project, modify the percentages of uses.

E.

Development standards. The development standards shall be those of the underlying base district except for the following: Hours of operation, signage and lighting shall be set by the conditional use permit. Any modifications to the exterior of the structure shall be subject to review and approval by the Historic Preservation Commission, except for properties owned by the California Department of Transportation (Caltrans) which are subject to oversight by the State Office of Historic Preservation or other applicable review authority.

F.

Parking and refuse storage. Parking shall be provided in compliance with Chapter 17.36, (Parking and Loading) except as follows:

1.

The number of parking spaces shall be established through the Conditional Use Permit.

2.

Parking shall not be allowed in the front setback or corner yard setback area.

3.

No loading space shall be required.

4.

No refuse storage facility shall be required.

(Ord. 7113 § 3, 2007)

Chapter 17.29 - Hillside Overlay Districts[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 7310, § 2 (Exh. 1), adopted Sept. 25, 2017, amended Ch. 17.29 in its entirety to read as herein set out. Former Ch. 17.29, §§ 17.29.010—17.29.100, pertained to similar subject matter and derived from Ord. No. 7033, § 1, 2006; Ord. No. 7080, §§ 1, 4, 5, 2006; Ord. No. 7099, § 9, 2006; Ord. No. 7160, § 10, 2009; Ord. No. 7179, §§ 4, 5, 2009; Ord. No. 7211, § 3, 2011.

The HD, HD-SR, and HD-1 (Hillside Development) overlay zoning districts are intended to:

A.

Preserve and protect views to and from hillside areas to maintain the identity, image, and environmental quality of the City;

B.

Maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns by preserving and protecting existing natural resources including native flora and fauna, sensitive wildlife habitats, wildlife corridors, and mature trees to the greatest extent feasible;

C.

Prohibit features that would create or increase fire, flood, landslide or other safety hazards to public health and safety; injure the habitability, stability and value of properties in the affected communities;

D.

Minimize the City's cost of having to install new public infrastructure and the costs to replace and maintain existing public infrastructure;

E.

Preserve significant natural topographic features, including swales, canyons, knolls, ridgelines, and rock outcrops, riparian vegetation, natural streambeds, and woodlands to the maximum extent feasible. While it is recognized that development may necessarily affect natural features, a major design objective shall be to minimize these impacts;

F.

Ensure a safe means of ingress and egress for vehicular (including emergency equipment) and pedestrian traffic to and within the hillside areas, with minimum disturbance to the natural features;

G.

Provide development standards that promote orderly development consistent with the traditional scale and character of the community, and that preserve privacy and views;

H.

For hillside subdivisions, ensure that development sites are concentrated in areas with the greatest environmental carrying capacity and limited to very low densities in areas with low environmental carrying capacity;

I.

Avoid residential densities that would require extensive grading or would generate extensive traffic; and

J.

Preserve and protect existing natural resources including native flora and fauna, sensitive wildlife habitats, and mature trees.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

17.29.020 - Applicability

A.

The requirements and guidelines in this Chapter apply to all subdivisions, other proposed development, or a new land use on a site within the HD (Hillside Development) or the HD-SR (Hillside Development, San Rafael Area) overlay zoning districts, except that proposed development and new land uses on sites within the HD-1 overlay district that apply to Upper Hastings Ranch shall be subject only to Section 17.29.090 (HD-1) Standards.

B.

Proposed development and new land uses within the HD, HD-SR, and HD-1 overlay zoning districts shall comply with all applicable requirements of the base zoning district, except where this Chapter establishes a different requirement.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

17.29.030 - Permit Requirements

A.

HD and HD-SR overlay. Approval of a Hillside Development Permit, in compliance with Section 17.29.080 (Hillside Development Permit) shall be required for any of the following activities:

1.

Proposed subdivision;

2.

New dwelling or structure;

3.

Any structure located within 20 feet of the top edge of the Arroyo Seco Slope Bank, pursuant to Section 17.29.050.D;

4.

An addition of 500 square feet or greater to the first floor of an existing structure;

5.

Projects that propose to match an existing structure height that exceeds the general height limit if the existing structure was constructed before May 3, 2004, pursuant to Section 17.29.060.B.2;

6.

Any new square footage above the first story;

7.

Major renovations, as defined in 17.29.060.E.

A Hillside Development Permit is not required for the following types of development:

1.

An addition to the first floor of an existing dwelling that increases the gross floor area by less than 500 square feet.

2.

One single-story detached accessory structure that constitutes no more than 20 percent of the existing gross floor area of the primary structure (including attached garage).

The exemptions listed above apply in the aggregate with all other additions and all prior additions in the previous three years to the same lot. The above additions and accessory structures shall comply with the permit requirements of the base zoning district. No credit shall be given for demolition or partial demolition of a structure.

B.

HD-1 overlay. See Section 17.29.090 (HD-1-Upper Hastings Ranch Area-Standards).

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

The standards of this Section apply to the subdivision of an existing lot into two or more lots in addition to the other applicable requirements of this Zoning Code, the Subdivision Map Act in compliance with State law (Government Code Section 66410 et. seq.), and the City's Subdivision Ordinance.

A.

Minimum lot area and open space. In order to retain natural features of hillsides, the number of lots allowed in a new subdivision shall be reduced as slope increases, in compliance with Table 2-8, below.

1.

A site proposed for subdivision shall be divided into cells of similar slope, utilizing the slope ranges listed in Table 2-8.

2.

The maximum number of lots allowed by the base zoning district shall be multiplied by the applicable reduction factor assigned to each cell.

3.

The result of this calculation is the maximum allowable number of parcels for each cell.

TABLE 2-8—LOT DENSITY REDUCTION

Greater than 50% See Subsection B.

B.

Maximum number of lots if slope exceeds 50 percent. If the average slope of the site to be divided exceeds 50 percent, the maximum number of lots shall be determined by assigning a maximum number of lots not exceeding one lot for each five acres of site area to the portion of the property exceeding 50 percent slope, and applying the density reduction requirements of Subsection A to the remainder of the site. The total number of allowable lots for the site shall be the sum total of the two numbers.

C.

Further reduction in number of allowed lots. The review authority may reduce further than required by this Section the number of lots approved in a new subdivision based upon site-specific problems or constraints identified through the environmental review of the proposed subdivision.

D.

Building site requirements. Each proposed lot shall be designed and located to provide at least one building site where all proposed structures can comply with all other applicable requirements of this Chapter.

E.

Roads. Each new road shall follow natural terrain contours to the maximum extent feasible to minimize grading. Proposed driveways shall comply with the requirements of Section 17.29.050 (Development Standards) below.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

A.

General site planning standards. Each structure shall be located in the most accessible, least visually prominent, most geologically stable portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site. Sitting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.

B.

Setback requirements. A proposed structure shall comply with the setback requirements of the base zoning district, including encroachment plane requirements and limitations on projections into setbacks and encroachment planes, except as follows.

1.

Front setback for main structure. The minimum front setback for the main structure, and accessory structures other than garages, shall be 25 feet, except that in the San Rafael hillside neighborhood (HD-SR), the front setback shall comply with the requirements in Section 17.29.100 (San Rafael Area Setbacks) below.

2.

Front setback for garage. The minimum front setback for an attached or detached garage on upslope and downslope sites is at the point on the centerline of the front lot line where the elevation is ten feet above or below the top of the

curb, or 25 feet, whichever is less.

3.

Side setback from slope. Where a building site abuts a lot with an elevation that is three feet or more above or below that of the site, the required side setback shall be measured from the nearest toe or top of slope to the structure, whichever is closer. See Figure 2-1.

==> picture [322 x 236] intentionally omitted <==

C.

Placement of structures, ridgeline protection. Each proposed structure shall comply with the following standards to assist in maintaining a natural appearance for hillsides and ridgelines. For purposes of this Chapter, ridgelines shall be defined as the high meeting point of a crest of two slopes that form a hill. Ridgelines can be on top of a range of hills or can be the spur or backbone of a hillside descending from the top of a mountain or hill.

1.

Each structure shall be located as follows: provided the review authority may modify or waive these standards where it determines that a structure on the only feasible building site of an existing lot cannot comply.

a.

No part of a proposed structure shall appear silhouetted against the sky above the nearest ridge when viewed from a public street or park. See Figure 2-2.

b.

The topmost point of a proposed structure and all site grading shall be at least 30 feet below the top of the nearest ridge or knoll. See Figure 2-3.

2.

Each structure shall be located to take advantage of existing vegetation for screening, and should include the installation of additional native plant materials to augment existing vegetation, where appropriate.

==> picture [322 x 296] intentionally omitted <==

D.

Encroachment into the Arroyo Seco. No structure shall extend over or below the top edge of the Arroyo Seco slope bank on a lot identified on the Arroyo Seco Slope Bank Map, dated May 11, 2004, a copy of which is maintained by the City Clerk.

1.

The "top edge" of the Arroyo is the highest existing grade elevation at the point where the natural gradient inclines downward at a slope greater than 50 percent in the mapped area. On a site with multiple slope banks, the "top edge" shall be considered the point farthest from the floor of the Arroyo Seco. The applicant shall provide a complete topographic map of the site for purposes of locating the "top edge" of the Arroyo for each specific site.

2.

A Hillside Development Permit shall be required for the development of any structure within 20 feet of the top edge.

E.

Lot coverage. Total lot coverage shall not exceed 35 percent.

F.

Site access, driveways. Each driveway shall follow natural terrain contours to the maximum extent feasible to minimize grading, and also shall comply with the following standards.

1.

Width. The minimum and maximum graded and paved width of a driveway serving a dwelling unit constructed after the effective date of this provision shall be: 15 feet for one unit and 20 feet for two or more units. This provision shall not apply to dwelling units located on flag lots created before June 18, 1980.

2.

Maximum grade. The finished grade of a driveway shall conform to the finished grade of the lot, but in no case shall exceed an average grade of 15 percent, or 20 percent at any point.

3.

Agency review. The location and design of any driveway shall be referred to the Fire Department and the Transportation Department for review and comment as to on- and off-street safety of vehicles, vehicle passengers and pedestrians, and access for emergency vehicles.

G.

Parking requirements. Off-street parking shall be provided in compliance with Chapter 17.46 (Parking and Loading), except that each dwelling shall provide off-street guest parking as follows.

1.

Number of spaces required. A minimum of four guest parking spaces shall be provided on a site fronting on a street where parking is prohibited on both sides of the street at the site. A minimum of two guest parking spaces shall be provided on a site fronting a street where on-street parking is allowed.

2.

Location of parking. A maximum of three guest parking spaces may be located on a driveway in a required front setback provided the driveway slope does not exceed 15 percent, and the maximum width of the parking spaces across the lot frontage does not exceed 50 percent of the total frontage of the building facade facing the street. Tandem guest spaces are allowed.

3.

Parking space dimensions. Each guest parking space shall be a minimum of 8.5 feet wide by 18 feet long, and shall not extend beyond the property lines of the site.

H.

Fences. Fences and gates shall meet the requirements of the base zoning district and shall not be constructed within or across private or public streets or easements that serve more than one property.

I.

Average Slope Formula. Average slope as used in this Chapter shall be determined in compliance with the following formula:

==> picture [161 x 54] intentionally omitted <==

Where:

S is average slope

I is contour interval in feet

L is combined length of contour lines in scale feet within land to be divided

A is gross developable acres, inclusive of any rights-of-way to be established by a proposed parcel map or tract map. Existing rights-of-way for public streets, private streets, private driveway easements, or other vehicular access ways located within the site are excluded from the gross developable area.

To determine average slope, the existing topography and contours of the site shall be used. If the site was graded and the topography altered on or after June 18, 1980, the average slope shall be based on the topography which existed before grading and alteration of the site.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

Structures shall generally utilize varying setbacks and structure heights, split-level foundations, and low retaining walls to blend structures into the terrain.

A.

Maximum floor area. The total gross floor area of all structures on a site shall not exceed the area provided by this Subsection. Gross floor area shall be defined and measured the same as in other RS zoning districts, except that gross floor area in the HD and HD-SR overlay districts shall include without limitation: all covered parking, habitable attic

space, and basements, including garage and carport areas, with any exposed wall (or portion thereof) six feet or more above finished grade, measured from finished grade elevation to the floor above. If the basement, garage or carport area has any portion of an exposed wall over six feet in height, then the entire area shall be counted as floor area.

1.

The maximum gross floor area ratio (FAR) shall be as follows, except as modified by Subsections A.2 through A.6, below:

2.

Notwithstanding Subsection A. 1, the maximum FAR for a lot under 10,000 square feet shall be 0.30 + 500 square feet.

3.

For lots of 10,000 square feet or over, all portions of the lot with a 50 percent slope or greater shall be deducted from the lot area used for calculating maximum allowable gross floor area.

4.

Regardless of the lot area, the maximum FAR for a lot with an average slope exceeding 15 percent shall be further reduced in compliance with the following formula:

F = (B) (1 - ((C - 0.15)/2))

Where:

F is the maximum allowed gross floor area, reduced based on lot slope;

B is gross floor area calculated in compliance with Subsections A.1, A.2, and A.3; and

C is average slope of the site.

5.

The lot area used in calculating the maximum allowable gross floor area in compliance with this Subsection shall not include any access easement.

6.

For lots over 10,000 square feet, if, after removing the lot area listed in Subsections A.3 and A.4 above, the resulting maximum allowable gross floor area is less than 3,000 square feet, a maximum allowable gross floor area of 3,000 square feet (including all structures on site) shall be allowed.

B.

Height limits. Each proposed structure in the HD and HD-SR districts shall comply with the following height limits, instead of the height limit of the applicable base zoning district.

1.

Height measurement. The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade (see Figure 2-4), and as provided by Subsection B.2.

==> picture [322 x 160] intentionally omitted <==

2.

General height limit. No structure shall exceed a height of 28 feet at any point on the site, measured in compliance with Subsection B.1, and shall not exceed a height of 35 feet, measured from the lowest elevation on the site where the structure touches the grade, to the highest point of the roof. There shall be no maximum height for the top plate of a dwelling unit if the general height limit is met. A Hillside Development Permit shall be required for projects that propose to match an existing structure height that exceeds the general height limit if the existing structure was constructed before adoption of this Chapter (May 3, 2004).

3.

Height of lowest floor level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet (see Figure 2-5).

Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the house, and not appear as an add-on to the primary building mass (see Figure 2-5).

==> picture [215 x 171] intentionally omitted <==

C.

Accessory Structures. Proposed accessory structures in the HD and HD-SR districts shall comply with the following size and location limits:

1.

Lots larger than 10,000 square feet. In addition to the aggregate size requirements of Section 17.50.250(G), for lots larger than 10,000 square feet in size, portions of a lot with a slope 50% or greater shall not be included in the lot size when determining maximum aggregate size.

2.

Size of Individual Accessory Structures. In addition to the aggregate size requirements of Section 17.50.250(G), individual accessory structures shall be limited to a maximum size of 600 square feet.

3.

Placement of Accessory Structures. Accessory structures, except for detached garages, must be located behind the rear wall plane(s) of the primary structure. An existing primary structure may not be converted into an accessory structure unless the new primary structure is in front of the accessory structure.

D.

Architectural features. All new homes and additions subject to a Building Permit shall have architectural features that are compatible with existing architecture and the character of the surrounding neighborhood as defined below in Section D. In particular:

1.

Exterior wall surfaces. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of single-story elements, stepbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

2.

Privacy—Surrounding lots. Windows, balconies, and outdoor living areas generally shall be located to protect the privacy of adjacent homes and yards.

3.

Support structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house, shall be enclosed unless visible structural members are an integral feature of the architectural design.

a.

A structural or decorative supporting device, including columns, pipes, or beams that are allowed to be exposed to view, shall have a minimum individual dimension of 12 inches for every one foot of height or length, with a minimum dimension of 15 inches.

b.

A support-structure wall surface shall not exceed six feet in height.

4.

Basements. Basements shall not extend beyond the footprint of the first floor of the main structure. For the purposes of this subsection, the footprint of the first floor shall not include unenclosed porches or patios. Basements shall not be constructed underneath accessory structures, shall not be standalone subterranean structures, and shall not connect above-ground structures via underground means. Basements shall be limited to a maximum of one level, with an interior height not to exceed nine feet.

5.

Colors and materials. A mixture of materials and color shall be used to blend structures with the natural appearance of the hillside:

a.

Based upon the graphic principle that darker colors are less noticeable than light colors, darker tones, including earth tones, shall be used for building walls and roofs on highly visible sites so that structures appear to blend in with the natural terrain.

b.

Exterior finish materials shall be appropriate for the architectural style of the structure and compatible with the hillside environment.

c.

The color palette may be modified for designated historic properties with a Certificate of Appropriateness approved by the Planning & Community Development Director.

E.

Major Renovations. Major renovations to an existing dwelling shall require approval of a Hillside Development Permit. A major renovation is defined as:

a.

The alteration of more than 50 percent of existing wall facades by exposing the framing. This does not include the removal and replacement of existing exterior finishes or general maintenance; or

b.

Any alteration of the roofline resulting in an increase in height above the highest point of the existing roof.

F.

Neighborhood Compatibility. New houses and additions subject to a Hillside Development Permit shall be designed with consideration of the character and scale of the existing development in the vicinity. Through the Hillside Development Permit process, compatibility will be determined following a review of existing site conditions, visibility of the site, and the size, scale, and character of existing development within 500 feet of the site. Dependent on existing conditions, the review authority may modify the 500-foot radius requirement to include a larger neighborhood when there are fewer than five developed lots within the 500-foot radius area, or when the character of the neighborhood is defined by existing features (e.g., canyon, street, etc.).

The 500-foot 'neighborhood' may be modified by the review authority, based on any or all of the following criteria:

a.

Properties within 500 feet are not in the City of Pasadena;

b.

Properties within 500 feet are not in Hillside Overlay district;

c.

Properties within 500 feet are not in RS district, or are in a different RS district; and

d.

Properties within 500 feet are separated by a significant manmade structure (e.g. freeway) or a significant natural feature (e.g. canyon, ridge, etc.) that, to the extent determinable by staff, is not the result of grading or other man-made alteration of the natural terrain.

In addition to the floor area ratio requirements of Section 17.29.060.A, the allowable floor area of the house shall not be greater than 35 percent above the median floor area of the existing houses within the established radius (excluding garages and other accessory structures). Floor area shall be determined using primary residence data from the Los Angeles County Assessor.

For lots larger than 20,000 square feet in size, the review authority may approve additional floor area if it does not exceed the average FAR of the neighborhood after first making the findings in Section 17.29.080.G following a review of site conditions and compliance with the remainder of the Hillside District standards.

G.

View protection. A proposed structure shall be designed and located so that it avoids blocking views from surrounding properties to the maximum extent feasible, as determined by the review authority, and including, but not limited to, consideration of the following:

1.

The feasibility of relocating the proposed structure to another part of the site;

2.

The feasibility of modifying the massing of the proposed structure such that views from surrounding properties would not be impacted; and

The feasibility of minimizing architectural features that may intrude upon views from surrounding properties.

See Figure 2. For purposes of this Chapter, "surrounding" properties refers to all abutting properties as well as properties directly across a street from the subject property.

1.

New structures and tall landscaping shall not be centered directly in the view of any room of a primary structure on a neighboring parcel. Views shall be considered from windows of any room in the primary structure. New structures shall avoid blocking the following from any room of a main dwelling on a neighboring property:

1.

Culturally significant structures such as the Rose Bowl, Colorado Street Bridge, City Hall, etc.;

2.

Downslope views of the valley floor;

3.

Prominent ridgelines; and/or

4.

The horizon line.

Views of open sky, existing foliage, private yards, and existing structures on surrounding properties shall not be taken into consideration by the review authority.

2.

Mechanical equipment other than vents or solar panels shall be placed on a rooftop or below a deck only if the equipment is not visible from off the site. This equipment shall also comply with the height limits in Subsection B. above.

==> picture [322 x 251] intentionally omitted <==

Figure 2-7—Example of Preferred Locations of a Structure to Preserve Views

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

A.

Grading. Site grading, retaining walls, structural foundations, and all methods of retention shall comply with the requirements of Municipal Code Chapter 14.05 (Excavation and Grading in Hillside Areas), and the Pasadena Building Code. Compliance is determined by the Building Division. No Grading Permit shall be issued for an individual lot in the HD, HD-1, or HD-SR overlay zoning district until each required discretionary entitlement for the project has been approved, and the plan-check process has been completed. For grading of more than one lot in advance of a discretionary entitlement application, a Hillside Development Permit is required.

B.

Landscaping. Landscaping shall meet the requirements of Chapter 17.44 (Landscaping).

C.

Exterior lighting. Exterior lighting shall be properly shielded to avoid glare and the spill of light to surrounding areas. Lowlevel lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures. Emphasis for exterior lighting shall be on safety and landscape lighting as opposed to structure lighting.

D.

Fire safety. Each project shall comply with the requirements of Municipal Code Chapter 14.24 and the Pasadena Fire Code. Before the issuance of a Building Permit, all building plans shall be reviewed and approved by the Fire Chief for compliance with these requirements.

E.

Trash receptacles. All trash receptacles shall be screened from view from the public right-of-way.

F.

Large vehicle restrictions. For projects subject to a Building Permit, all construction vehicles or trucks, including trailers with lengths over 30 feet or widths over 102 inches, shall require a lead pilot vehicle and flag person to enter the streets within the Hillside District. The flag person will stop opposing traffic as necessary when trucks are negotiating tight curves. Operation of construction vehicles or trucks with lengths over 35 feet shall require approval from the Department of Transportation and Department of Public Works, subject to demonstration that the vehicles can maneuver around specific tight curves in the Hillside District. Operation of construction trucks with lengths over 30 feet shall be prohibited before 9:00 a.m. and after 3:00 p.m. Monday through Friday and all day during weekends and holidays.* On refuse collection days, the operation of construction trucks with lengths over 30 feet shall be prohibited before 10:00 a.m. and after 3:00 p.m.

*Holidays are defined as the following: New Year's Day (Day of the Rose Parade), Martin Luther King's Birthday (Third Monday in January), President's Day (Third Monday in February), Memorial Day (Last Monday in May), Independence Day (July 4), Labor Day (First Monday in September), Veterans Day (November 11), Thanksgiving Day (Fourth Thursday in November), Christmas Day (December 25).

G.

Sewer connections and regulations. All development in the hillside districts shall meet the requirements of the Public Works Department and Building Division with regard to connections to the public sewer system.

(Ord. No. 7435, § 7, 10-28-2024; Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

A.

Purpose. The Hillside Development Permit provides a review process for the City to consider the appropriateness of proposed development on hillside lots to ensure that a proposed project minimizes its visual and environmental impact.

B.

Applicability. A Hillside Development Permit is required to authorize any proposed development that is subject to the requirements of this Chapter.

C.

Application filing and processing. An application for a Hillside Development Permit shall be filed and processed in compliance with Section 17.60 (Application Filing and Processing). Hillside Development Permits shall follow the procedures of Conditional Use Permits as identified in Chapter 17.61.050. A Hillside Development Permit application shall include all information and materials required by Section 17.60.040 (Application Preparation and Filing) and the following additional information prepared by licensed or certified professionals:

1.

Site topography. A topographic map covering the entire site. The topographic map shall be prepared with a contour interval of not more than five feet, which shall also identify the proposed building site, and all areas of the site with slopes of 15 percent or less, all areas of the site with slopes that are more than 15 percent but no more than 50 percent, and all areas of the site with slopes of 50 percent or more. An average slope calculation is required for the entire lot area.

2.

Geotechnical report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, the review authority may also require a final geotechnical report.

3.

Hydrology report. A hydrology report shall be required that analyzes the effects of water runoff, drainage, sustained landscape irrigation, and increased groundwater on slope stability and analyzes the potential effects (flooding, mudslides, higher water table, etc.) of added groundwater on properties down slope. The Zoning Administrator may waive the hydrology report requirement for projects where no or only minor alterations to the existing topography or drainage patterns are proposed, or where the slope does not exceed 15 percent.

4.

Constraints analysis. For properties determined by the Zoning Administrator to potentially have sensitive environmental resources including endangered plants or animals, trees protected by the City's Tree Protection Ordinance, riparian areas, or a wildlife corridor, the environmental document prepared for the project in compliance with the California Environmental Quality Act (CEQA) shall include identification and analysis of the resources, and proposed mitigation measures for effective protection.

5.

Visual analysis. All projects that require a Hillside Development Permit shall be required to provide a visual analysis in accordance with this subsection. In particular, a visual analysis is required to assist the review authority and interested

citizens in understanding how a proposed structure and its accompanying grading and other site development will appear in the context of the surrounding hillsides, properties, and development.

a.

Content. A visual analysis shall consist of one or more three-dimensional depictions of a proposed project, including all proposed structures and site development, illustrating how the project will appear to observers viewing the project from public rights-of-way and other public areas near the site.

b.

Form. To provide visual analysis of a project, two forms of visual analysis are required:

(1)

Digital and/or artistic renderings, including elevations or grading cross-section;

(2)

For new two-story houses and upper-story additions, story poles are required to be erected upon determination of a complete application and shall remain in place until the expiration of the applicable appeal period as identified in Section 17.72 (Appeals).

Story poles shall consist of wood posts or other rigid materials at all corners of the structure and at either end of the proposed ridgelines, with a minimum of two feet of orange safety fencing connecting the top of the poles.

Additional visual representations may be provided in one or more of the following forms, as determined by Subsection 5.c (Specific requirements), below:

(1)

Temporary silhouette in compliance with Section 17.60.080 (Temporary Silhouette Requirement);

(2)

Photomontages, including photos of the site with the temporary silhouette (as applicable);

(3)

Computer-generated photo simulations;

(4)

A three-dimensional scale model of the project structure and site of a scale sufficient to evaluate the project as determined by the Zoning Administrator; and

(5)

Any other technique acceptable to the Zoning Administrator that will provide an accurate three-dimensional visual depiction of the proposed project in its proposed location and context with sufficient detail to clearly illustrate how proposed structures and site development will look when complete.

c.

Specific requirements. The requirements for the content and form of a visual analysis for a specific project (e.g., the number of illustrations required and their vantage points) will be determined by the Zoning Administrator in each case.

Written analysis and/or design in addition to illustrations may also be required when determined by the Zoning Administrator to be necessary to clearly understand the potential visual impacts of the project.

All submitted maps, plans, drawings, and sketches shall be drawn to the same scale which shall be consistent throughout the review and approval process. Exceptions require the approval of the Zoning Administrator.

D.

Review authority. The Hearing Officer may approve, conditionally approve, or disapprove a Hillside Development Permit in compliance with this Chapter.

E.

Project review, notice, and hearing. The project review and public notice and hearing requirements for a Hillside Development Permit shall be the same as those required for a Conditional Use Permit by Section 17.61.050, and as follows:

1.

Notice of Application. Projects involving new two-story houses and/or upper-story additions are additionally required to provide a Notice of Application to all properties within 500 feet of the subject property upon determination of a complete application and installation of story poles. The Notice of Application shall provide a minimum 14-day notification period to properties within 500 feet of the subject property.

F.

Findings and decision. The Hearing Officer may approve, conditionally approve, or disapprove a Hillside Development Permit application, and shall record the decision and the findings upon which the decision is based. The Hearing Officer may approve the permit only after first making the following findings, in addition to the findings required by Section 17.61.050 for Conditional Use Permit approval:

1.

The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development on adjacent lots, as described in Section 17.29.060.D, and in terms of aesthetics, character, scale, and view protection;

2.

The placement of proposed structures avoids the most steeply sloping portions of the site to the maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation.

G.

Neighborhood Compatibility findings to grant additional floor area. For lots larger than 20,000 square feet, the review authority may approve additional floor area above the maximum permitted by Neighborhood Compatibility after reviewing site conditions and compliance with Hillside District standards, and with consideration to the following:

a.

No additional view impacts will occur to neighboring properties as a result of granting additional square footage; and

b.

The massing, scale, and building articulation of the proposed dwelling or other structure is compatible with the neighborhood as viewed from public or private streets.

H.

Adjustments to standards to preserve views. The applicant may seek and the review authority may grant an adjustment to the standards of this Chapter in cases where the standards prevent a structure from reducing or eliminating a view impact. To grant such an adjustment, the review authority must make the following additional findings in consideration of the placement of the proposed structure:

1.

An adjustment to the development standards is necessary to minimize or eliminate impacts to a neighbor's views of the Rose Bowl, Colorado Street Bridge, downslope views of the valley floor, ridgelines, or the horizon line.

2.

Granting an adjustment to the development standards will not unreasonably alter the street-facing character of the neighborhood or unreasonably disrupt the continuity of established front yard setbacks.

I.

Additional finding for adjustments to standards. The applicant may seek and the review authority may grant an adjustment to the standards of this Chapter as part of Hillside Development Permit approval only where it first finds that the adjustment will result in a structure that is less visible from off the site, and has less impact on environmental resources, wildlife habitat, slopes, or existing scenic views from adjacent properties than would development in compliance with the standard being adjusted.

J.

Conditions of approval. In approving a Hillside Development Permit, the review authority may impose any conditions it deems reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. above.

K.

Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Chapter 17.72 (Appeals), shall apply following the decision on a Hillside Development Permit.

L.

Floor area ratio adjustment for flat lots. Through the Hillside Development Permit process, on lots in the RS-4 HD and RS-6 HD zones with an average slope of less than 15 percent, an applicant may apply for an adjustment to the floor area ratio requirements for their lot. The average slope shall be determined following the development standard in Section 17.29.050 J. If approved, the maximum permissible floor area ration for such lots is the same as the base district as shown in Table 2-3. An adjustment may be approved by the Review Authority only if the following three criteria are met:

1.

Compliance with the remainder of the Hillside Overlay Development Standards (i.e., no Variances to the Hillside Overlay Development Standards).

2.

No protected trees are removed as a result of the project;

Compliance with the Neighborhood Compatibility requirements of the Hillside Overlay Development Standards (Section 17.29.060 D).

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

17.29.090 - HD-1 (Upper Hastings Ranch Area) Standards

A.

Purpose. The requirements of the HD-1 (Hillside Development) overlay district are intended to preserve and protect views to and from hillside areas to maintain the visual quality of the City, protect environmental resources, avoid hazards to development, minimize infrastructure costs, and simplify the development review process.

B.

Applicability. The HD-1 overlay district is applied to the Upper Hastings Ranch Area. Sections 17.29.040 through 17.29.060 shall not be applied in the HD-1 district.

C.

Permit requirement—Second floor additions. A Hillside Development Permit in compliance with Section 17.29.080 (Hillside Development Permit) shall be required to authorize a second-floor addition to an existing dwelling. The Hearing Officer may approve the permit only after first making the findings requires by Section 17.61.050 for Conditional Use Permit approval and the finding contained in 17.29.080.F.2. Other types of proposed development shall comply with the permit requirements of the base zoning district.

D.

Development standards. Proposed development shall comply with the standards of the applicable base zoning district, except as modified by this Section.

1.

Setbacks.

a.

Encroachment plane. In addition to meeting minimum front setback requirements, the main structure shall not be located within a front setback encroachment plane sloping inwards at a 40-degree angle from the horizontal, commencing at the front property line.

b.

Second story. The second story shall be set back an additional five feet from the required front and side setbacks.

2.

Height limit. No structure shall exceed a maximum height of 25 feet or two stories except that chimneys may exceed the maximum height by two feet.

3.

Structure design.

a.

Maximum floor area. The maximum allowable floor area shall be limited to the maximum permitted by the underlying zoning in Table 2-3, Section 17.22.040.

b.

Maximum floor area, second story. The maximum allowable floor area (measured in square feet) of a second story shall be limited to 50 percent of the floor area of the first story (including attached garage).

c.

Roof slope. Roof slope shall be a minimum of six percent.

4.

Lot coverage. Total lot coverage shall not exceed 35 percent.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

A.

Purpose. This Section provides additional standards for the San Rafael hillside neighborhood within the HD overlay district to ensure that proposed development is appropriately located in relation to lot size and site slope.

B.

Applicability. Proposed development within the San Rafael hillside neighborhood identified by the map on file with the Department shall comply with the requirements of this Section.

C.

Development standards.

1.

Parking requirements. Proposed development shall comply with the parking requirements of Section 17.29.050.G (Parking requirements), except that Subsection G.1 (Guest parking requirements) shall not apply.

2.

Setback requirements. Proposed structures shall comply with the front setback requirements established by Table 2-9. The Zoning Administrator shall maintain on file a map illustrating these setback requirements. A lot that is not included in Table 2-9 shall meet the minimum 25 foot front yard setback requirement. Proposed development shall also comply with the side and rear setback requirements established by the applicable base zoning district. Garage setback reductions shall apply to detached garages only.

3.

Garage Decks. Garage decks are not allowed on garages with less than a 25-foot setback.

(Ord. No. 7310, § 2 (Exh. 1), 9-25-2017)

Article 3 - Specific Plan Standards Chapter 17.30 - Central District Specific Plan[[1]]

Footnotes:

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Editor's note— Ord. No. 7419, § 2, adopted February 26, 2024, amended the Code by repealing former Ch. 17.30, §§ 17.30.010—17.30.050, and adding a new Ch. 17.30. Former Ch. 17.30 pertained to similar subject matter, and derived from Ord. 7009 of 2005; Ord. 7057 of 2006; Ord. 7099 of 2007; Ord. 7123 of 2007; Ord. 7135 of 2008; Ord. 7160 of 2009; Ord. 7169 of 2009; Ord. 7210 of 2011; Ord. 7235 of 2013; Ord. 7255 of 2015; Ord. 7300 of 2017; Ord. 7321 of 2018; Ord. 7326 of 2018; Ord. 7374 of 2021; Ord. No. 7313 of 2017; Ord. No. 7402, adopted Sept. 19, 2022; Ord. No. 7405, adopted October 17, 2022; and Ord. No. 7414 of September 11, 2023.

This Chapter lists the land uses that may be allowed within the zoning districts established by the Central District Specific Plan (CDSP), determines the type of land use permit/approval required for each use, and provides comprehensive design and development standards for all projects.

(Ord. No. 7419, § 2, 2-26-2024)

The purpose of the CDSP zoning districts, Figure CDSP-1, is to implement the plan vision for each of the subareas, as described in the CDSP document and summarized below.

A.

CD-MU-C (Mixed-Use Core)

•

Create a mixed-use activity center that encourages a range of active uses where people can walk to shops, restaurants, jobs, and entertainment; and

•

Support projects that are entirely commercial or mixed-use, integrated vertically, consistent with ground floor use requirements.

B.

CD-MU-G (Mixed-Use General)

•

Enhance the existing mixed-use character with a variety of commercial services and multi-family uses; and

Support projects that are entirely commercial, entirely residential, or a mix of the two, integrated either horizontally or vertically, consistent with ground floor use requirements.

C.

CD-MU-N (Mixed-Use Neighborhood)

•

Promote the development of pedestrian-friendly neighborhoods with commercial uses that are sensitive to neighboring residents; and

•

Support projects that are entirely commercial, entirely residential, or a mix of the two, integrated either horizontally or vertically consistent with ground floor use requirements.

D.

CD-CL (Commercial Limited)

•

Allow for a limited selection of pedestrian-oriented commercial uses that complement the surrounding retail-focused district.

E.

CD-RM-87 (Residential Multi-family)

•

Allow opportunities for high density urban housing and relate new development to the surrounding community in scale and character.

F.

CD-RM-48 (Residential Multi-family)

•

Maintain the current uses and protect the existing high-density residential character using City of Gardens standards.

G.

CD-RM-32 (Residential Multi-family)

•

Maintain the current uses and protect the existing medium-density residential character using City of Gardens standards.

H.

OS (Open Space)

•

Provide opportunities for parks and recreation to residents and visitors.

I.

PS (Public, Semi-Public)

Maintain the current uses and protect the existing institutional character.

J.

PD (Planned Development)

•

Achieve a particular mix of uses and appearance through a design review process resulting in quality urban design on large sites.

Figure CDSP-1: Zoning Districts

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(Ord. No. 7419, § 2, 2-26-2024)

A.

Definitions. Definitions of specific land uses are found in Section 17.80.020.

B.

Permit Requirements. Table CDSP-1 identifies the uses of land allowed, the land use permit required to establish each use, and limitations that may apply for a particular use.

C.

Standards for Specific Land Uses. Additional standards may apply to specific land uses; refer to the Section noted in Table CDSP-1.

1.

Section 17.50.160 shall not apply to Mixed-Use Projects.

2.

Section 17.50.350 shall not apply to Multi-Family Housing.

D.

Ground Floor Frontages. In Mixed-Use zoning districts, additional commercial requirements and residential unit restrictions on the ground floor shall apply per Section 17.30.070.A.

1.

Limitations shall not apply for affordable housing developments on religious facility sites proposed in compliance with Section 17.50.230.F.

E.

Major Construction. For all non-residential uses with a gross floor area of 25,000 square feet or greater, a Conditional Use Permit shall be required per Section 17.61.050.J.2.

F.

Prohibited Uses. Those uses not listed in Table CDSP-1 are prohibited by this Specific Plan, except as otherwise provided by Section 17.21.030.A.

G.

Nonconforming Uses. Existing uses which are made nonconforming by the CDSP shall be subject to Section 17.71.

H.

Limited Hours of Operation. Uses limited in Table CDSP-1 shall comply with limited hours of operation as required by Section 17.40.070.

Table CDSP-1: Allowable Land Uses

2 Includes Co-living facilities, which may include more than one shared kitchen per building. Separation requirements of Section 17.50.065 shall not apply.

3 Defined as a use where storefronts are used as showroom space for five (5) or fewer vehicles and limited to a

maximum of 8,000 square feet. Internet vehicle sales are permitted where on-site vehicle storage/sales is not present/allowed.

4 Research & Development use is permitted within 35 feet of the sidewalk line along Green Street.

• 5 Minor Conditional Use Permit not required if Walk-Up Window complies with Section 17.50.260.

(Ord. No. 7435, § 8, 10-28-2024; Ord. No. 7420, § 3, 4-15-2024; Ord. No. 7419, § 2, 2-26-2024)

These standards are intended to:

•

Ensure a minimum sidewalk width is achieved, appropriate to support future densities, intensities, uses, and pedestrian volumes;

•

Provide sufficient space to support dedicated Amenity and Walk Zones; and

•

Increase shade, carbon sequestration, and stormwater capture by allowing adequate space for street trees and parkways.

A.

Sidewalks.

1.

Sidewalk Width.

a.

Dimension. Projects shall provide for sidewalks that meet the required widths per Figure CDSP-2. Where the existing sidewalk right-of-way is less than the required width, the difference shall be provided through a private property dedication.

(1)

Sidewalks are measured from the Primary Curb Line of each block to the sidewalk line, as illustrated in Figure CDSP-3.

(2)

This area shall be paved for general use to the standards specified by Public Works, except for landscaped parkways per Section 17.30.040.B.

(3)

Within the sidewalk width, sidewalk zones shall be provided to the dimensions set in Figure CDSP-4.

(4)

Where the curb deviates (i.e. bulb-outs), exceptions in zone width are allowed and shall be determined by Public Works.

(5)

Driveways are allowed per Section 17.30.090.B.

b.

Maintenance. Sidewalk improvements shall be installed and maintained by the abutting property owner.

Figure CDSP-2: Sidewalk Width

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Figure CDSP-3: Sidewalk Width Measurement

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2.

Sidewalk Zones

a.

Amenity Zone. Sidewalks shall provide an Amenity Zone consistent with the width illustrated in Figure CDSP-4, including the curb.

(1)

Projects shall meet minimum parkway and street tree requirements per Section 17.30.040.B.

(2)

The following elements are permitted in the Amenity Zone at the discretion of Public Works: paved area for pedestrian mobility, parkways and street trees, seating/furniture, outdoor dining (with a Public Works permit), planters, bicycle parking, bus shelters, and/or other utility facilities including streetlights, signals, meter/sign poles, and pullboxes, etc.

b.

Walk Zone. Sidewalks shall maintain a Walk Zone as a continuous path of travel for pedestrians at the width illustrated in Figure CDSP-4. This area shall be free of all furnishings, landscaping, or obstructions.

c.

Frontage Zone. Sidewalks may include a Building Frontage Zone between the Walk Zone and the sidewalk line. A maximum width is illustrated in Figure CDSP-4.

(1)

The following elements are permitted in the Frontage Zone: paved area for pedestrian mobility, seating/furniture, outdoor dining (with a Public Works permit), planters, and/or shade structures per Section 17.30.070.D.

Figure CDSP-4: Sidewalk Zones Requirements

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B.

Parkways & Street Trees.

Parkways.

a.

Required Parkways. Projects shall include parkways within the Amenity Zone per Figure CDSP-5 and as follows, except as approved by the Director of Public Works.

(1)

Existing parkways shall be maintained.

(2)

For mixed-use and non-residential projects, parkway length shall be no less than 30 percent of street frontage.

(3)

For residential-only projects, parkway length shall be no less than 60 percent of street frontage.

Figure CDSP-5: Parkways

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b.

Dimensions. Parkways shall be constructed at the same width as the Amenity Zones illustrated in Figure CDSP-4, minus the 6-inch width required for the curb, except as approved by the Director of Public Works.

(1)

When street parking is adjacent to the curb, a paved buffer with a minimum width of 18 inches is required, in addition to the 6-inch curb, except where tree grates are adjacent to the curb.

(2)

Barriers up to 24 inches high, such as low walls or fences, are permitted at the interior edge of the parkway but are not required.

c.

Access Ways. Where on-street parking is permitted, access ways shall be provided at a minimum frequency of one per every 20 feet of continuous parkway.

(1)

Access ways shall be a minimum of 4 feet in width and provide a firm, uniform walking surface in all weather conditions from the curb to the Walk Zone.

(2)

The finished surface of access ways shall be in plane with both the adjoining top of curb and sidewalk.

(3)

Access ways shall be constructed of pavers, concrete, or stabilized decomposed granite.

d.

Planted Area. A minimum of 80 percent of the total required parkway area for a given project shall be comprised of plant material.

(1)

Permitted materials include groundcovers, turf or turf substitutes, and shrubs or low perennials that are lower than 24 inches in height at full maturity.

a.

All plant material shall be native or climate appropriate and have a water use rating of Moderate, Low or Very-Low as defined by Water Use Classification of Landscape Species (WUCOLS) for the region. Plant water use requirements may be relaxed to maximize the efficiency of parkway stormwater capture systems per approval by the Director of Public Works.

b.

Plants with spines or thorns shall not be planted adjacent to any walkways or curbs.

c.

Edible plants are not permitted in parkways.

d.

Artificial turf is not permitted in parkways.

(2)

When removing existing plant material like turf grass from a parkway, there shall be no damage to the street tree roots. Parkway improvements involving excavation within an existing tree's root zone must be consistent with the City's Tree Protection Guidelines. Root pruning, if required and approved by Public Works, must be overseen by a Certified Arborist. Excavation within a tree's root zone must be replanted immediately to prevent the tree roots from exposure and undue harm.

e.

Non-planted Area. A maximum of 20 percent of the parkway area may be organic or inorganic cover.

(1)

Permitted materials include permeable pavers, decomposed granite, gravel, rocks, or mulch.

a.

Pavers are not allowed within 3 feet of any public streetlight pole or pull box or other utility facilities.

f.

Stormwater Management. Parkways shall either meet the following basic stormwater standards, or propose a biofiltration planter or swale design based on local conditions per the approval of the Director of Public Works.

(1)

The parkway shall be at the same grade as the adjacent hardscape surface at the outer edge of the parkway and slope at a minimum of 1 percent towards the center of the parkway.

(2)

For parkways with a width greater than 5 feet, the center 2 feet of the parkway shall be depressed 3 to 4 inches to form a shallow swale to collect sidewalk stormwater. Alternative means of storing runoff, such as gravel sumps within the parkway, may be provided with review authority approval.

g.

Irrigation. Irrigation systems in parkways shall be designed and constructed in a manner that will eliminate surface runoff onto any impermeable surface, public or private, under any condition.

(1)

Design of irrigation systems in parkways shall be in accordance with all local, state, and federal laws and regulations for water conservation.

(2)

Street tree roots shall not be damaged during the irrigation installation process.

h.

Maintenance. Abutting property owner shall maintain the parkway in a condition so as not to endanger persons or property, and not to interfere with the public convenience.

2.

Street Trees.

a.

Species. Street tree species shall be selected according to the Master Street Tree Plan at the discretion of the Director of Public Works. Trees may be planted within parkways or tree wells. For guidance on street trees, refer to Appendix A.2 Design Guidance for Tree Selection of the CDSP document.

b.

Spacing. Street trees shall be planted at a spacing of one per 30 feet. Exceptions can be made by the Director of Public Works due to conflicts with streetlights, bus shelters, utility boxes, or other street amenities or species type. Closer spacing is encouraged when feasible and when appropriate for the particular tree type.

c.

Well Dimension. Tree well width shall be equivalent to the required Amenity Zone, minus the 6-inch width required for the curb.

(1)

If a paved buffer zone is required due to adjacent street parking, the tree well width may be reduced to accommodate this buffer strip. The minimum length of a tree well shall be 6 feet.

(2)

Street trees planted within tree wells must be installed according to the Department of Public Works Tree Planting in Tree Well Standard Plan.

d.

Well Frames. Tree well frames, or tree grates, may be installed according to the Department of Public Works Tree Well Frame Installation Standard.

e.

Expanded Root Zone Cell. Each street tree shall be provided with an uncompacted root zone volume of 800 cubic feet minimum. The root zone volume depth shall be 2 feet minimum and 3 feet maximum.

(1)

Where this root zone volume cannot be provided within the parkway area, an expanded root zone cell volume shall be provided below adjacent pavement using a strategy such as structural soil or a suspended pavement system to provide an uncompacted soil area suitable for tree root growth.

(2)

The root zone volume per tree requirement may be reduced by 10 percent where two or more trees share a contiguous root zone cell.

f.

Maintenance. All street trees shall be maintained by the Department of Public Works.

(Ord. No. 7419, § 2, 2-26-2024)

Table CDSP-2 provides abbreviated development and design standards by zoning district for the CDSP. Complete standards shall be referenced within Sections 17.30.060—17.30.090.

Table CDSP-2: Summary of Private Realm Development & Design Standards

(Ord. No. 7419, § 2, 2-26-2024)

17.30.060 - Scale Standards

These standards are intended to:

•

Implement the General Plan density (du/ac) and floor area ratio (FAR) values;

•

Shape development in a manner that creates a defined public realm and appropriate scale of buildings for a visually appealing community;

•

Reduce building massing through setback and stepback requirements that create appropriate transitions to residential neighborhoods;

•

Support high-quality architecture and urban design through modulation requirements and a varied roof lines incentive;

•

Require appropriate transitions to designated historic resources; and

•

Support opportunities to increase housing near transit, and require various unit sizes to support individuals and families.

A.

Density.

1.

Residential Density. Projects that include residential dwelling units shall not exceed the allowable dwelling units per acre (du/ac) per Figure CDSP-6.

a.

Fractions shall be rounded to the nearest whole number; those at 0.50 may be rounded up.

b.

For projects utilizing state density bonus, refer to Government Code 65915.

c.

The maximum is based on total site area. If a street dedication or easement is required, density shall be calculated using the size of the lot prior to the street dedication or easement.

2.

Unit Mix. For projects with 50 dwelling units or more, inclusive of any density bonus, at least 15 percent of the total number of units shall have 3 bedrooms or more. Projects within designated historic districts and/or 100 percent singleroom occupancy (SRO) projects are exempt.

Figure CDSP-6: Residential Density

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B.

Intensity.

1.

Floor Area Ratio. Projects that include non-residential space, including mixed-use, shall not exceed the allowable floor area ratio (FAR) per Figure CDSP-7.

a.

In mixed-use projects, residential floor area is included in FAR.

b.

Areas used exclusively for vehicle and bicycle parking and loading are excluded from FAR.

c.

The maximum is based on total site area. If a street dedication or easement is required, FAR shall be calculated using the size of the lot prior to the street dedication or easement.

Figure CDSP-7: Floor Area Ratio

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C.

Height.

1.

Building Height. Projects shall not exceed the height limits set in Figure CDSP-8.

a.

Height is measured per Section 17.40.060.

b.

Transitional height areas are height reductions along specific corridors for portions of parcels set in in Figure CDSP-8, and shall be measured as follows from the sidewalk line:

(1)

50 feet from the Green Street and Union Street.

(2)

100 feet from Hudson Avenue and Mentor Avenue.

c.

Exceptions allowed for Height Averaging per Section 17.30.060.C.2 and projecting features such as appurtenances and railings per Section 17.40.060.

Figure CDSP-8: Building Height

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2.

Height Averaging. With approval of Design Commission, height limits may be exceeded for up to 30 percent of the building footprint to the maximum set in Figure CDSP-8, provided that the average height over the entire footprint does not exceed the allowable height; see Figure CDSP-9.

a.

The intent is to counterbalance additional height with lower heights elsewhere on-site to achieve an economicallyfeasible development that protects view corridors and contributes to a more visually-compelling skyline.

b.

Averaging is not applicable to other development standards relating to the building scale such as stepbacks. It may not be used in combination with a concession for building height when utilizing Section 17.43.

Figure CDSP-9: Height Averaging

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3.

City Hall View Corridor. Projects shall not block the view of the City Hall dome, Figure CDSP-10, as visible from the intersection at Hudson Avenue and Union Street; see Figure CDSP-8.

Figure CDSP-10: City Hall Dome

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4.

Streetwall Height. Building shall meet or exceed the minimum streetwall height set in Table CDSP-3 for a minimum of 75 percent of building frontage, unless the overall building height is lower than the requirement; see Figure CDSP-11.

a.

Streetwall is defined as any street-façade within 10 feet of the maximum setback and is not required to be continuous.

b.

Appurtenances shall not count toward streetwall height.

Table CDSP-3: Streetwall Height

Figure CDSP-11: Streetwall Height

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D.

Setbacks.

Street Setbacks. Buildings shall comply with the street setbacks set in Figure CDSP-12, except where modified for historic adjacency per Section 17.30.070.G. Setback ranges establish a minimum and maximum for the specified percentage of linear frontage, see Figure CDSP-13.

a.

Street setbacks are measured from the sidewalk line; see Figure CDSP-3.

b.

Minimum setbacks shall apply to all stories of a building; setbacks less than the minimum are prohibited. Maximum setbacks shall apply only to the ground floor and streetwalls, Section 17.30.070.D.4, where applicable.

c.

Exceptions allowed per Section 17.40.160 (Table 4-1) and the following:

(1)

Arcades and recessed ground floors up to 15 feet in depth, as well as parking entrances per Section 17.30.090, are allowed when a second story meets the specific setback; see Figure CDSP-14.

(2)

The specified frontage percentage may be reduced for the provision of Publicly Accessible Open Space facing the street through the Design Review process with Design Commission approval.

d.

Residential units on the ground floor, where permitted, shall have a minimum setback of 5 feet. Where elevated between 4 and 6 feet above the sidewalk elevation, a minimum setback of 8 feet shall be required.

e.

For buildings set back from the sidewalk line 5 feet or more, a percentage of the setback area shall be landscaped with trees, shrubs and/or groundcover, either in the form of in-ground landscaping or planters, see Table CDSP-4.

Table CDSP-4: Landscaped Front Setback Percentages

(1)

Exceptions. Holly Street between Marengo and Garfield Avenues, and Garfield Avenue between Ramona and Union Streets are exempt from landscaping requirements.

f.

Features allowed within the street setback include: landscaping and planters, hardscape (e.g. stoops, patios), shade structures per Section 17.30.070.D, arcades and galleries per Section 17.30.070. E, walls and fences per Section 17.30.070.F, seating and furniture, outdoor dining, and other open space amenities per review authority approval.

Figure CDSP-12: Street Setbacks

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Figure CDSP-13: Street Setbacks Percentage

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Figure CDSP-14: Recessed Ground Floor

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Interior Setbacks. In the MU-N zoning district, projects shall have a minimum setback of 15 feet where adjacent to an RM district that is outside of the CDSP. No setback is required along other interior property lines, except where modified for historic adjacency per Section 17.30.070.G.

a.

Interior setbacks are those abutting other parcels along non-street side and rear property lines and are measured from the shared property line.

b.

Exceptions allowed per Section 17.40.160 (Table 4-1).

3.

Building Separation. In the CD-RM-87 zoning district, projects shall be separated from existing buildings on adjacent lots by a minimum of 10 feet above the first story.

E.

Stepbacks.

1.

Street Stepbacks. Along Green Street, buildings shall not exceed 20 feet in height before stepping back 8 feet in depth; see Figure CDSP-15.

a.

Street stepbacks are measured from the sidewalk line.

b.

Uses allowed within the street stepback include:

(1)

Private Open Space (e.g. balconies, terraces);

(2)

Shade structures, trellises, and similar;

(3)

Green roofs and photovoltaic panels; and/or

(4)

Other open space features per review authority approval.

Figure CDSP-15: Street Stepbacks

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F.

Historic Adjacency.

1.

Landmark Properties. Projects on parcels with a designated historic resource shall be subject to review for consistency with the Secretary of the Interior's Standards.

2.

Transition Massing. Projects sharing a property line with a designated historic resource are subject to the following modified standards, illustrated in Figure CDSP-16.

a.

Street Setbacks. The minimum street setback shall be an average of the minimum setback set in Figure CDSP-12 and that of the resource for a minimum of 20 feet from the shared property line. If located between two resources, the street setback shall be an average of the setbacks of the two resources.

b.

Interior Setbacks. The minimum interior setback shall be equal to that of the historic resource or 15 feet, whichever is less. No setback is required where the resource is built to the shared property line.

c.

Streetwall Height. A maximum streetwall height shall not exceed the height of the historic resource for a minimum of 20 feet from the shared property line. A stepback with a minimum depth of 10 feet is required above this height, measured from the modified minimum street setback.

d.

Interior Stepbacks. Projects shall not be located within an encroachment plane sloping upward and inward at a 30degree angle measured from the vertical, commencing 15 feet above the existing grade at the property line. This plane is not applicable if the resource is built to the shared property line.

Figure CDSP-16: Historic Adjacency

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G.

Modulation.

1.

Façade Length. Each street-facing façade shall not exceed 150 feet in length unless there is a minimum break of 10 percent of the building length or 20 feet, whichever is greater. This break shall be at least 10 feet deep, open to the sky; see Figure CDSP-17.

Figure CDSP-17: Façade Length

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2.

Façade Area. Each street-facing façade exceeding 50 feet in length shall modulate a minimum of 25 percent of the area above the ground floor between 2 feet and 12 feet in depth from the primary façade plane; see Figure CDSP-18. Buildings with a total of 2 stories or less are exempt.

a.

The primary façade plane is defined as the vertical plane with the greatest surface area above the ground floor.

b.

Planes that are separated by a gap of at least 20 feet in width and 20 feet in depth shall be considered separate façades for the purposes of this standard.

c.

Modulation is not required to by continuous or open to the sky, and may be recessed or projected, but not past the sidewalk line.

d.

Required stepbacks per Section 17.30.060.E, façade breaks per Section 17.30.060.G.1, and projected balconies per Section 17.30.070.G.1 shall not count toward the modulation requirement; balconies that are recessed a minimum of 2 feet shall qualify.

e.

Exception to the Façade Area requirement permitted if the street-facing façade meets all of the following standards:

(1)

The maximum façade shall be 100 feet.

(2)

All windows shall be recessed at least 4 inches.

(3)

The façade shall use a textural material comprised of brick, stone, precast concrete, Venetian plaster, hand-toweled stucco, or porcelain tiles at least 12 by 4 inches. Ceramic tiles, porcelain tiles less than 12 by 4 inches, standard stucco, or flat, polished a stone shall not qualify.

(4)

The façade shall employ a tripartite division in which the façade is organized into three horizontal sections with a base, middle, and top.

a.

The middle section shall be differentiated from both the base and the top through a change in façade plane of at least 4 inches, or a consistent horizontal band that projects at least 4 inches from the façade.

b.

The top section shall use a cornice that is at least 1 foot in depth.

Figure CDSP-18: Façade Area

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3.

Alternative Compliance.

a.

Eligibility. Modulation standards may be reduced or otherwise modified through the Design Review process if:

(1)

A minimum of 90 percent of the provided parking is fully or partially subterranean;

(2)

A minimum of one publicly accessible open space is provided at the ground level, visible and accessible from the sidewalk;

(3)

No other concessions, waivers, or incentives have been requested, including those associated with Density Bonus per Section 17.43, unless the project is designed to achieve LEED Gold certification; and

(4)

The review authority makes all of the following findings.

b.

Required Findings:

(1)

The building design provides modulation on each street-facing façade in a manner consistent with the project's architectural style and/or immediate context, including adjacent historic resources.

(2)

The building design does not cause an adverse impact on the quality of the ground floor and public realm.

(3)

The ground level open space is of adequate size and integrated with the building in a functional way that ensures the space will be actively utilized.

(4)

The modification will not be detrimental to the health, safety, and welfare of the public.

(5)

The building design is consistent with the objectives and policies of the General Plan and CDSP, as well as all other standards of the CDSP.

(Ord. No. 7446, § 5, 5-12-2025; Ord. No. 7419, § 2, 2-26-2024)

These standards are intended to:

Promote an active, accessible, and attractive pedestrian environment at the ground level;

Activate the pedestrian street experience through design and use standards;

Enable flexibility and adaptability over time through quality design; and

Support a livable urban setting comprised of a range of uses in a comfortable pedestrian environment.

A.

Ground Floor Frontages. In Mixed-Use zoning districts, ground floor use requirements are regulated by frontage type per Figure CDSP-19 and Table CDSP-5. All use requirements are regulated as a percentage of the building frontage.

1.

Commercial Uses. Frontage types shall require a minimum amount of the building frontage to be comprised of, and designed for, commercial uses per Figure CDSP-19 and Table CDSP-5; see Figure CDSP-20. Permitted commercial uses by zoning district are found in Table CDSP-1.

a.

Entrances to non-ground floor uses, and/or entrances to uses prohibited within 35 feet of the sidewalk, shall not qualify toward the minimum commercial use percentage.

b.

Commercial uses shall have an average interior depth of at least 35 feet and a minimum depth of 20 feet, measured wallto-wall.

2.

Residential Uses. Frontage types set limitations on ground floor residential uses facing the street per Figure CDSP-19 and Table CDSP-5. Permitted residential uses by zoning district are found in Table CDSP-1.

a.

Type A: Residential units on the ground floor shall be prohibited within 35 feet of the sidewalk line, inclusive of setbacks, per Table CDSP-5; see Figure CDSP-21.

b.

Type B: Residential units on the ground floor shall be permitted with direct access to the street and a minimum setback of 5 feet.

c.

Residential common space on the ground floor shall be permitted per Table CDSP-5.

Figure CDSP-19: Ground Floor Frontage Types

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Table CDSP-5: Allowable Ground Floor Building Frontages in Mixed-Use Zones

Figure CDSP-20: Ground Floor Commercial Uses

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Figure CDSP-21: Ground Floor Residential Units

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B.

Ground Floor Design.

1.

Entrances. A minimum of one primary entrance shall be located on the primary frontage of each building and open onto a sidewalk or other public space.

a.

Primary entrances shall be distinguished by architectural features or overhead projections, such as an awning or canopy.

b.

All entrances shall be recessed a minimum of 30 inches from the sidewalk line.

2.

Minimum Height. Buildings shall have a minimum ground floor height of 15 feet, measured from the sidewalk elevation closest to the primary entrance to the second story floor or roof of a one-story building; see Figure CDSP-22.

a.

Exception. Ground floor residential uses with a setback of 10 feet or greater shall have a minimum ground floor height of 12 feet.

b.

For non-residential and residential common space uses, the primary entrance of the first habitable floor shall be located at existing grade along the sidewalk line.

c.

For residential units, the first habitable floor shall be located between 6 feet above and 2 feet below the sidewalk elevation.

Figure CDSP-22: Ground Floor Height

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C.

Transparency.

1.

Windows & Doors. Street-facing façades shall incorporate glass providing views into work, display, sales, lobby, or similar active areas. The minimum transparency requirement is 70 percent for ground floors and 30 percent for the overall façade. For residential units, transparency requirements are reduced to 15 percent each for ground floor and the overall façade.

a.

For non-residential and residential common space uses, ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above the sidewalk elevation.

b.

All other transparency is measured as the percentage of building frontage area, viewed in elevation and excluding any coverage of shading devices.

c.

Windows shall be recessed by a minimum of 3 inches, measured from the outside wall to the frame of the window (mullion, muntin or similar element). Flush windows shall be permitted where exterior shading devices cover a minimum of 25 percent of the window surface area or per review authority approval.

d.

The use of tinted, mirrored, or highly reflective glass is prohibited.

e.

Blinds, drapes, posters, and shelving for product displays visible to the public right-of-way shall obscure a maximum of 10 percent of the transparent areas of each respective storefront or 50 percent for medical office uses.

2.

Blank Walls. Windowless expanses of street-facing walls shall not exceed 20 feet in length.

3.

Security Bars. Any exterior or interior security bars shall be designed to be fully hidden from view during business hours with devices such as concealed side pockets and ceiling cavities.

D.

Shade Structures.

1.

Awnings & Canopies. Any ground floor shading shall project a minimum of 3 feet from the façade and allow a minimum of 8 feet of vertical clearance from the sidewalk elevation.

a.

Shade structures shall not conflict with existing trees; exceptions to the depth requirement shall be subject to review authority approval.

2.

Colorado Boulevard. For projects on the north side of Colorado Boulevard, shade structures are required and shall project a minimum of 7 feet, up to a maximum of 10 feet, into the public-right-of-way for a minimum of 70 percent of the building frontage.

a.

Where an arcade or recessed ground floor provides a minimum of 5 feet of unobstructed pedestrian clearance, shade structures are not required.

E.

Arcades & Galleries.

1.

Arcades. Any arcades shall be located behind the minimum setback.

a.

Arcades shall be a minimum of 8 feet from back of column to building façade.

b.

The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center.

c.

The façade within the arcade shall meet the ground floor transparency set in Section 17.30.070.C.

d.

Uses allowed within arcades include pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.

2.

Galleries. Any galleries shall be located behind the minimum setback.

a.

Galleries shall be limited to one-story and 50 percent of the building frontage.

b.

Galleries shall allow a minimum of 10 feet of vertical clearance from the sidewalk elevation.

F.

Exterior Fixtures.

1.

Façade Lighting. Lighting shall be located on façades facing streets and public open spaces at a frequency of every 30 feet or less.

a.

Façade lighting shall be full cutoff (directing light downward and outward).

b.

Fixtures shall be located between 8 and 15 feet above the sidewalk elevation, and shall not project more than 30 inches from the façade.

c.

For buildings with ground floor residential uses, façade lighting shall be designed to be operable by the adjacent tenant.

d.

Façade lighting shall not be required on buildings located on Colorado Boulevard, designated historic resources and districts, and within the In-town Residential subarea.

2.

Venting. Interior exhaust shall be vented through the roof. Venting that must be routed through the façade due to Building Code requirements shall meet the following criteria:

a.

Vents shall be located on secondary façades where possible.

b.

Vents shall be screened by decorative caps or painted to match the façade.

c.

Vents shall be centered or consistently aligned with another architectural element, such as score lines, windows, or vertical planes.

G.

Walls & Fences.

1.

Walls & Fences. Freestanding walls, fences, and raised/landscape planters are permitted within the street setback.

a.

Walls and fences shall have a maximum height of 48 inches above the sidewalk elevation.

b.

Walls and fences taller than 30 inches shall be a minimum of 50 percent transparent and set back a minimum of 18 inches from the sidewalk line, separated by planted area. Walls and fences 30 inches or less in height do not have a transparency or setback requirement.

c.

Walls and fences used to enclose outdoor dining may be located at the sidewalk line and are not required to provide a planted area if the wall or fence is 36 inches or less and more than 50 percent transparent.

d.

Guardrails may exceed the maximum height to the extent required by the Building Code. The guardrail shall be a minimum of 50 percent transparent.

2.

Stoops & Patios. The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.

H.

Balconies & Roof Decks.

1.

Balconies. Balconies may project a maximum of 4 feet from the building façade but shall not extend beyond the sidewalk line or within 6 feet of any interior property line.

2.

Roof Decks. The sum of all roof decks on a single building shall not exceed a maximum coverage of 60 percent of the roof area.

a.

Roof deck railings on the uppermost 2 stories shall be set back a minimum of 5 feet from the façade.

(Ord. No. 7419, § 2, 2-26-2024)

These standards are intended to:

•

Provide a variety of open space types for gathering, recreation and respite that contribute to enhanced livability within an urban setting;

•

Give residents access to light, air, and pleasant views from their living spaces;

•

Improve building design and site planning through the integration of open space throughout the development; and

Correlate open space requirements with number of residents and size of buildings.

A.

Minimum Area.

1.

Private and Common Open Space. Projects shall provide the minimum area of Open Space based on use and size. Areas used regularly for parking, loading or storage shall not count towards minimum Open Space requirements.

a.

Residential. Projects with dwelling units shall provide the minimum area of Open Space per Table CDSP-6 as a combination of Private and/or Common Open Space.

b.

Non-residential. Projects with more than 40,000 square feet of non-residential floor area shall provide a minimum of 5 percent of the gross non-residential floor area as Common Open Space.

(1)

Research and Development uses may reduce Open Space area requirements by a maximum of 60 percent. Research and Development projects (or the Research and Development portion of a project with multiple uses) shall exclude mechanical space from floor area for the required Open Space.

c.

Mixed-use. Projects shall comply with requirements applicable to each type of use.

Table CDSP-6: Residential Open Space by Unit Type

Publicly Accessible Open Space (PAOS). Projects with more than 80,000 square feet of gross floor area (GFA) and with frontage identified on Figure CDSP-23 shall provide PAOS based on a percentage of GFA set in Table CDSP- 7.

a.

Exception: Projects with less than 80,000 square feet of GFA and selected for plaza development at the northwest corner of Lake Avenue and California Boulevard shown in Figure CDSP-23 shall provide a minimum of 400 square feet of PAOS as a corner plaza.

(1)

For projects that provide at least 600 square feet of PAOS and which comply with all standards in Section 17.30.080.D, other development standards in the CDSP may be modified with review authority approval.

b.

Research and Development uses may reduce PAOS area requirements by a maximum of 60 percent. Research and Development projects (or the Research and Development portion of a project with multiple uses) shall exclude mechanical space from floor area for the required PAOS.

c.

PAOS shall be provided in addition to Private and Common Open Space requirements.

d.

Projects shall comply with PAOS standards per Section 17.30.080.D and Paseo standards per Section 17.30.080.E where relevant.

(1)

PAOS and Paseo standards may be modified through the Design Review process, if the review authority finds that the modified design continues to be accessible to the public, functional, and includes features such as landscaping, trees, and outdoor seating.

Figure CDSP-23: Publicly Accessible Open Space

==> picture [386 x 266] intentionally omitted <==

Table CDSP-7: Publicly Accessible Open Space by Project Size & Location

B.

Private Open Space.

1.

Dimensions. A minimum area of 40 square feet with a minimum dimension of 5 feet in each direction shall be required for Private Open Space.

2.

Distribution. A maximum of 40 percent of the required residential Open Space set in Table CDSP-7 shall be Private Open Space.

a.

All Private Open Space shall be outdoors.

b.

Private Open Space may be located within a required setback.

C.

Common Open Space.

1.

Dimensions. A minimum area of 400 square feet with a minimum dimension of 15 feet in each direction shall be required for Common Open Space.

2.

Distribution. A minimum of 60 percent of the required residential Open Space set in Table CDSP-7 shall be Common Open Space shared among tenants.

a.

A minimum of 70 percent of Common Open Space shall be outdoors, and a minimum of 80 percent of outdoor Common Open Space shall be open to the sky.

b.

A maximum of 30 percent of Common Open Space may be indoors. Indoor Common Open Space shall not include spaces used primarily for circulation.

3.

Access. Common Open Spaces may be accessible to the public.

4.

Hardscape. A maximum of 25 percent of Common Open Space may be paved in standard concrete. Remaining areas shall use one of the following enhanced paving techniques: brick, natural stone, unit concrete pavers, textured and colored concrete, concrete with exposed or special aggregate. Alternative paving may be allowed per review authority approval.

5.

Landscape. A minimum of 25 percent of Common Open Space shall be planted area with a minimum dimension of 30 inches in length and width. Landscaping shall comply with Section 17.44.050.

6.

Trees. A minimum of one 24-inch box tree per project or for every 500 square feet of outdoor Common Open Space, whichever is greater, shall be planted within the Common Open Space. For projects with 2 or more trees, a minimum of 50 percent of trees planted shall be shade trees.

7.

Water Features. Fountains, reflecting pools, or other decorative water features shall not exceed 5 percent of the required Common Open Space. Swimming pools are not considered water features for the purposes of this standard.

D.

Publicly Accessible Open Space (PAOS)

Area. Minimum PAOS requirements are set in Section 17.30.080.A.2 and Table CDSP-7, and may be contiguous or noncontiguous, subject to the dimension and elevation standards below.

2.

Paseos. Projects that are required to provide PAOS per Section 17.30.080.A.2 and located on parcels that include a paseo opportunity area on Figure CDSP- 23, shall be required to meet the minimum area requirement by providing a paseo, defined as a pedestrian passageway that connects a public street to another public street, alley, or internal public space.

a.

Paseos shall meet the standards set in Section 17.30.080.E; design standards Section 17.30.080.D.4 through Section 17.30.080.D.12 shall not apply.

b.

No additional paseo shall be required in opportunity areas where a paseo exists. The existing paseo shall be subject to standards in Section 17.30.080.E. The standards may be modified through the Design Review process, if the review authority finds that the modified design continues to be accessible to the public, functional, and includes features such as landscaping, trees, and outdoor seating.

3.

Plazas. Projects selected for plaza development on Figure CDSP-23 shall meet the minimum area requirement by providing a corner plaza.

a.

PAOS design standards shall apply.

4.

Dimensions. A minimum area of 400 square feet with a minimum dimension of 20 feet in each direction is required for PAOS.

5.

Access. A maximum of 20 percent of the PAOS may be used as outdoor dining for a restaurant subject to review authority approval; a minimum of 80 percent of the PAOS shall be accessible to the general public.

6.

Signage. PAOS shall have signage visible from the adjacent sidewalk identifying the space as a publicly-accessible amenity and listing accessible hours.

7.

Hours. At a minimum, PAOS shall be open to the general public from 8am to 8pm. Any gated ingress or egress points shall not be closed or locked during these hours.

8.

Elevation. A minimum of 3,000 square feet of PAOS shall be at the sidewalk elevation. If less square footage is required, then all required PAOS shall be at the sidewalk elevation.

Hardscape. A maximum of 25 percent of PAOS shall be paved in standard concrete. Remaining areas shall use one of the following enhanced paving techniques: brick, natural stone, unit concrete pavers, textured and colored concrete, concrete with exposed or special aggregate. Alternative paving may be allowed per review authority approval.

10.

Seating. Seating shall be provided at a minimum of 1 seat per 300 square feet of required PAOS. Fractions shall be rounded down to the nearest whole number.

a.

Benches shall be calculated as 1 seat per 24 linear inches.

11.

Landscape. A minimum of 25 percent of PAOS shall be planted area with a minimum dimension of 30 inches in length, width, and depth. Landscaping shall comply with Section 17.44.

12.

Trees. A minimum of one 24-inch box tree per project or for every 750 square feet of PAOS, whichever is greater, shall be planted. For projects with 2 or more trees, a minimum 50 percent of trees planted shall be shade trees.

a.

Trees planted in pots on the ground floor shall not be counted towards the tree requirement.

13.

Blank Walls. PAOS shall adhere to the blank wall standards defined in Section 17.30.070.C, or provide one of the following mitigations:

a.

Green wall, vines, or other vertical landscaping element that covers a minimum of 75 percent of non-conforming blank wall area.

b.

Public art including, but not limited to, murals.

14.

Common Open Space Credit. PAOS in excess of the minimum may count towards a maximum of 30 percent of the Common Open Space requirement at a 1:1 ratio.

E.

Paseos.

1.

Dimensions. Paseos shall have an average width of 20 feet, minimum width of 15 feet, and be a minimum of 75 percent open to the sky. Paseos shall have a walk zone with a minimum width of:

a.

10 feet for commercial / mixed-use paseos.

b.

8 feet for residential-only paseos.

2.

Access. Paseos shall be physically and visually accessible from the connecting public sidewalk.

a.

Fences, walls, and/or entry gates are permitted; however, these features shall not block passage through the paseo during public hours.

b.

Bollards (fixed or removable) shall be provided at all entry points of paseos to restrict vehicular access during public hours.

c.

Emergency vehicular access shall be provided.

3.

Signage. Paseos shall have signage visible from the adjacent sidewalk identifying the space as a publicly-accessible amenity and listing public hours. In paseos that have commercial frontages, a directory shall be provided at each entry. Specific sign guidelines shall be created for all properties with building façades immediately adjoining the paseos.

4.

Hours. At a minimum, paseos shall be open to the general public from 8am to 8pm. Commercial loading shall be limited to non-public hours.

5.

Elevation. Paseos shall be at ground level and ADA accessible.

6.

Programming. A maximum of 10 percent of required paseo area may be used by adjacent restaurants or food sales uses as a space restricted to customers only. Any additional programming must be non-transactional and without financial barriers to entry.

a.

Exception: Paseos may be closed to public access for private events no more than one day per month.

7.

Hardscape. A maximum of 25 percent of paseos shall be paved in standard concrete. Remaining areas shall use one of the following enhanced paving techniques: brick, natural stone, unit concrete pavers, textured and colored concrete, concrete with exposed or special aggregate. Alternative paving may be allowed per review authority approval.

8.

Stormwater Management. A minimum of 25 percent of the total paved area shall be permeable paving to allow for stormwater infiltration. Depending on soil and site conditions, infiltration and/or flow-through planters shall be installed to

capture and treat 100 percent of the stormwater run-off on-site.

9.

Seating. Seating shall be provided within the paseo at a minimum of 1 seat per 300 square feet of required space. Fractions shall be rounded down to the nearest whole number.

10.

Landscape. A minimum of 25 percent of paseo area shall be planted area a minimum of 30 inches in length, width, and depth. Landscaping shall comply with Section 17.44.

11.

Trees. A minimum of one 24-inch box tree per project or per each 750 square feet of paseo area, whichever is greater, shall be planted. For projects with 2 or more trees, a minimum 50 percent of trees planted shall be shade trees.

a.

Trees planted in pots, on the ground floor, shall not be counted towards the tree requirement.

12.

Blank Walls. Paseos shall adhere to the blank wall standards defined in Section 17.30.070.C, or provide one of the following mitigations:

a.

Green wall, vines, or other vertical landscaping element that covers a minimum of 75 percent of non-conforming blank wall area.

b.

Public art including, but not limited to, murals.

13.

Common Open Space Credit. When the area needed to facilitate the connection of a public street to another public street or alley and meet Section 17.30.080.E.1 is greater than the minimum PAOS requirement, the additional required paseo area may count towards the Common Open Space requirement at a 1:1 ratio.

a.

Paseo area in excess of the minimum may count towards a maximum of 50 percent of the Common Open Space requirement at a 1:1 ratio.

(Ord. No. 7446, § 5, 5-12-2025; Ord. No. 7419, § 2, 2-26-2024)