Article 4 — Site Planning and General Development Standards

Chapter 17.40 - General Property Development and Use Standards

This Chapter expands upon the requirements of Article 2 by addressing additional details of site planning, project design, and the operation of land uses, to ensure that proposed development produces an environment of stable and desirable character, is compatible with existing and future development in the vicinity, and protects the use and enjoyment of neighboring properties consistent with the General Plan and any applicable specific plan.

A.

All proposed development and new land uses. The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.71 (Nonconforming Uses, Structures, and Lots), and shall be considered in combination with the standards for the applicable zoning district in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Specific Plan Standards), and 5 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 5 shall control.

B.

Remodeling projects. Whenever more than 50 percent of the exterior walls of a structure are removed, the replacement construction would constitute a new structure that would have to comply with all current development standards of the subject zoning district.

(Ord. 7057 § 10, 2006)

No land use permit shall be approved for a proposed project on an undeveloped lot that was created before March 4, 1972, by means other than a Parcel or Tract Map, unless a Certificate of Compliance is first obtained and recorded with the Los Angeles County Recorder.

A.

Use of a substandard lot. A legally created substandard lot may be granted the land use permit required by Article 2 for a use allowed by the applicable zoning district without needing a Variance for lot width or area. The development of an illegally created lot is prohibited.

B.

Limitation on Variances for lots of less than 5,000 square feet. If new construction, or an addition to a structure on a lot less than 5,000 square feet, cannot meet the development standards of the applicable zoning district and requires a Variance, the size of the lot may not be used as the sole basis for granting a Variance.

The following regulations apply to a subdivision where one or more flag lots are proposed, or where an existing flag lot is to be developed with an addition or a new residence.

A.

When allowed. A flag lot shall only be allowed:

1.

On property zoned RS, and only within the Hillside Development (HD) Overlay District (a flag lot shall not be allowed in the HD-1 Overlay District or any other zoning district);

2.

Only if there is no reasonable alternative due to extreme topographic conditions or other physical conditions as determined by the Advisory Agency; and

3.

Only when extreme physical constraints and circumstances are inherent.

In considering a new flag lot, a conventional subdivision would first have to be possible.

B.

Required procedure.

Subdivision process. A flag lot may be created only through Parcel Map or Tract Map approval; a Lot Line Adjustment shall not be used to create a flag lot.

2.

Conditional Use Permit. The creation of a flag lot shall also require Conditional Use Permit approval by the Advisory Agency, in compliance with Section 17.61.050.

3.

Geotechnical report. A geotechnical report shall be filed for review and approval by the Building and Safety Division attesting to the stability of the site, before consideration of the subdivision map or Conditional Use Permit by the Advisory Agency.

4.

Standards. All lots proposed in flag lot subdivision shall comply with all applicable standards of this Zoning Code, the requirements of the Department, and the requirements of other City departments or divisions including the Department of Public Works, Transportation Department, Fire Department, and the Building Division.

C.

Design standards.

1.

Pole configuration, street frontage. Each flag lot shall be designed to provide a "pole" that functions primarily as an accessway from the street to the main body ("flag" portion) of the lot. Private access easements shall not be allowed. See Figure 4-1.

a.

A minimum 20 feet, and a maximum 25 feet of frontage and width shall be maintained throughout the length of the pole.

b.

Driveways shall meet the minimum requirements of Section 17.29.050.F.1.

c.

The pole portion shall be deemed to end, and the flag portion of the lot shall be deemed to commence, at the extension of the front property line.

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\ Figure 4-1 - Flat lot components

2.

Designation of property lines. The following requirements determine the location of the front, side, and rear property lines of a flag lot.

a.

Front property line. The front property line shall be the lot boundary that most nearly parallels the public or private street providing access to the lot, and which abuts the end of the pole, but does not include the pole. If the pole is not at a 90degree angle to the front property line, the front property line shall be calculated as if the front property line continued by drawing an imaginary line to the pole.

b.

Side and rear property lines.

(1)

The side property line shall be any lot boundary that does not abut a public or private right-of-way, and which is not a front or rear property line, exclusive of the pole portion of the lot.

(2)

The rear property line shall be the lot boundary opposite the front property line.

3.

Measurement of lot depth. Lot depth shall be measured at the midpoints of the front property line, as defined in Subsection B.3, and the rear property line of the flag portion of the lot. When measuring the depth of a flag lot, the pole shall not be included. See Figure 4-2.

Lot width. The width of the flag portion of a lot shall comply with the minimum standards of the applicable residential base zoning district. See Figure 4-2.

a.

Lot width shall be measured by a line connecting two points on opposite side property lines, that will result in a line parallel to the front property line, as defined in Subsection B.2.

b.

For purposes of measuring the width of a flag lot, the calculation shall not include the pole of the flag lot.

5.

Minimum lot area. The flag portion of a flag lot shall comply with the minimum area and dimensions required by the applicable residential base zoning district.

a.

For purposes of measuring the lot area, only the flag portion shall be considered.

b.

The flag portion of a flag lot shall not include the pole, or any other portion of the lot where lot width is less than the minimum required by the applicable residential base zoning district. Where the pole is not at a 90-degree angle to the front property line abutting the pole, the front property line shall be calculated as if the front property line continued by drawing an imaginary line, which will also illustrate the boundary of the main body of the lot.

6.

Maximum number of lots. The total number of lots in a flag lot subdivision shall comply with the following requirements.

a.

Where the average slope of a site is 15 percent or less, the total maximum allowable number of lots shall be determined by the applicable residential base zoning district.

b.

Where the average slope of a site exceeds 15 percent, the total maximum allowable number of lots shall be determined in compliance with Section 17.39.040 (Hillside Subdivision Design Standards).

D.

Multiple flag lots. Where a subdivision proposes more than one flag lot, the following standards shall apply:

1.

Not more than two flag lot poles shall be contiguous to each other.

2.

The poles of two flag lots that are contiguous shall have a maximum width of 40 feet.

3.

No wall, fence, hedge, or other obstruction, as determined by the Fire Department, shall be constructed or planted within the width of the pole area of the flag lots.

Private access easements shall not be allowed.

5.

Where a total of three or more lots are created, and two are flag lots with poles that are contiguous to each other, the driveway to the nonflag lots shall be separated from the contiguous poles by a minimum five-foot wide landscaped planter.

E.

Development standards for flag lots. Where an addition to a residence on a flag lot is proposed, or where a new residence is proposed on a flag lot, the following standards shall apply:

1.

Construction and development of a single-family residence and related accessory structures on a flag lot shall only occur in the flag portion of the lot.

2.

The maximum gross Floor Area Ratio (FAR) shall be based upon the area of the flag portion of the lot.

3.

Each structure on a flag lot shall be oriented to provide the maximum privacy to surrounding existing and future residential structures.

a.

Large windows and decks on the second floor of a residence on a flag lot shall orient to on-site setback areas and not to surrounding properties.

b.

Other methods for protecting privacy may include using translucent material in (upper floor) windows, eliminating windows, reducing and/or relocating balconies, or eliminating balconies.

4.

The street address of the flag lot shall be placed in a conspicuous location within the pole of the lot that is easily visible from the street.

F.

Required findings for flag lots. The approval of a Conditional Use Permit for flag lots shall require that the Advisory Agency first make all of the following findings, in addition to the findings required for Conditional Use Permit approval in Section 17.61.050.G (Findings and decision):

1.

The proposed flag lot subdivision is the only reasonable subdivision design due to extreme topographic conditions, or other physical and natural constraints of the subject property (e.g., natural drainage course or streams, protected trees, etc);

The design of the proposed flag lot subdivision complies with the flag lot development standards identified in this Section; and

3.

The lots created from the proposed flag lot subdivision do not adversely impact the established neighborhood character nor deviate from the established neighborhood character, which shall consider the scale of the existing lot sizes and lot configurations in the surrounding area. For purposes of this finding, the surrounding area shall mean all properties within a 1,000-foot radius of the subject property's boundary (before subdivision).

(Ord. 7160 § 24, 2009; Ord. 7057 § 11, 2006; Ord. 7022 § 2 (part) 2005)

17.40.055 - Development on Lots Divided by District Boundaries

A.

Application of Standards.

1.

On a lot or site divided by a zoning district boundary by virtue of Ordinance No. 6096, the owner may elect to apply to the entire lot or site the regulations of the less restrictive district provided the more restrictive portion does not exceed 30 feet measured perpendicular to the district boundary. Otherwise, the regulations applicable to each district shall be applied to the area within each district. For the purposes of this subsection, the Zoning Administrator shall determine which district is less restrictive.

2.

On a lot or site that is divided by a zoning district boundary by virtue of a zoning map amendments subsequent to Ordinance No. 6096, the regulations applicable to each district shall be applied to the area within each district.

B.

Parking. Notwithstanding the above provisions, on a lot or site divided by a zoning boundary by virtue of Ordinance No. 6996, a parking lot serving the principal use may be located within the district where such use is not permitted upon approval of a minor conditional use permit. Pedestrian or vehicular access shall not traverse an adjacent lot that is not in a district in which the use is a permitted or conditionally permitted use. (Ord. 7057 § 12, 2006)

17.40.060 - Height Requirements and Exceptions

A.

Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits.

B.

Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Zoning Districts and Allowable Land Uses), other provisions of this Article, Article 5 (Standards for Specific Land Uses), by any height limit (HL) overlay zone (Section 17.16.040), or adopted Specific Plan in Article 3 (Specific Plans), except as otherwise provided by this Section. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

C.

Height measurement.

The maximum allowable height of a structure shall be measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure, except as otherwise specified by this Zoning Code. See Figure 4-3.

==> picture [258 x 124] intentionally omitted <==

Figure 4-3 - Height Measurement

2.

The highest point of the structure shall be considered its highest ridge or parapet.

3.

Where the height limits of the applicable zoning district require measurement to the top plate, the height shall be measured from the lowest elevation of the existing grade at the exterior wall of the structure to the top plate elevation.

4.

If a single structure crosses a zoning or height district boundary (e.g., where one structure is located in two or more different zoning or height districts), the maximum height shall be measured separately for each portion of the structure in order to ensure compliance with the zoning or height district in which it is located. See Figure 4-4.

==> picture [258 x 127] intentionally omitted <==

Figure 4-4 - Height with site divided by zoning

D.

Height limit exceptions.

1.

Chimney exceptions. A chimney may exceed the height limit established by the applicable zoning district by a maximum of two feet.

Roof mounted exceptions.

a.

Commercial and industrial structures. For commercial and industrial structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 15 feet.

(1)

The Design Commission may allow the appurtenance height to go to a maximum of 20 feet if the DC finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).

(2)

If the project is not subject to Design Review, the Director may allow the height to go to a maximum of 20 feet if the Director finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).

b.

Multi-family structures. For multi-family structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 10 feet. For projects subject to the City of Gardens provisions (17.22.060) enclosed or trellised roof decks may exceed the height limit upon approval of a minor conditional use permit.

c.

Roof-top railings. An open railing around an accessible roof-top area may be allowed to exceed the height limit established by the applicable zoning district; provided the railing is the minimum height required under the Building Code (for safety purposes) and the railing is stepped back so as not to be visible from the street. See Figure 4-5.

==> picture [258 x 190] intentionally omitted <==

Figure 4-5 - Roof-top railings

(Ord. No. 7435, § 16, 10-28-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7099 § 21, 2007)

17.40.070 - Limited Hours of Operation

A.

Applicability.

The limited hours of operation regulations shall apply as contained on the Land Use Tables in Article 2 - Zoning Districts, Allowable Land Uses, and Zone-Specific Standards and Article 3 - Specific Plan Standards.

2.

The regulations only apply when one or more of the identified uses are located on a site that is located within 150 feet of a residential zoning district.

3.

If located as specified in Subsection A.2., above, the identified uses may only operate between the hours of 7:00 a.m. and 10:00 p.m. by right; and between the hours of 10:00 p.m. and 7:00 a.m. subject to the issuance of a Conditional Use Permit.

4.

This Section does not apply to the CD zoning district, except for the provisions of Subsection C. (Special hours for loading, unloading, and trash pick-up), below.

B.

Exempt activities. The following land use activities are exempt from these restrictions:

1.

Accessory antenna arrays.

2.

Public, Semi-public uses.

3.

Adult day-care — limited.

4.

Automated teller machines (ATMs).

5.

Banks (with walk-up services only).

6.

Child day-care— large care home.

7.

Child day-care — small care home.

8.

Emergency shelters.

Emergency shelters, limited.

10.

Life/care facilities.

11.

Lodging (operation of check-in/check-out and room services only), including bed and breakfast inns, and hotels and motels.

12.

Low barrier navigation centers.

13.

Mixed-use projects (see 17.50.160).

14.

Mortuaries.

15.

Offices with fewer than 15 employees working on-site at one time.

16.

Offices, government.

17.

Single-room occupancy facilities.

18.

Temporary uses.

19.

Wireless communications facilities (major and minor).

20.

Work/live units.

C.

Special hours for truck loading, unloading, and trash pick-up. In the CD, CG, CL, CO, and IG zoning districts and within the commercial, industrial and mixed-use districts of specific plan areas, truck loading, unloading, and trash pick-up for any use that is located within 300 feet of a residential zoning district is allowed only between the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. No truck loading, unloading, or trash pick-up is allowed on Sundays.

(Ord. No. 7414, § 3, 9-11-2023; Ord. No. 7388, § 2(Exh. 1), 3-21-2022)

17.40.080 - Outdoor Lighting

Exterior lighting on private property shall comply with the following requirements. Parking lot lighting shall comply with Section 17.46.220 (Outdoor Parking Area Lighting).

A.

Lighting shall be energy-efficient, and shielded. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting on private property shall produce an illumination level greater than one footcandle on any property within a residential zoning district except on the site of the light source.

B.

No lights shall blink, flash, or be of high intensity or brightness. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Zoning Administrator.

C.

Lighting shall be appropriate in scale, intensity, and height. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.

D.

Outdoor sports court lighting. Lighting for an outdoor sports court or field within 300 feet of a residential zoning district shall require Minor Conditional Use Permit approval.

The following performance standards shall apply to all land uses in all zoning districts. The Zoning Administrator or the Code Enforcement Administrator shall require evidence of the ability to comply with these requirements as they deem reasonably necessary before issuance of a Code Compliance Certificate, a Building Permit, or an Occupancy Permit.

A.

Electromagnetic interference. No use, activity, or process shall cause electromagnetic interference with normal radio or television reception on another site or with the function of other electronic equipment on another site.

B.

Heat and humidity. No use, activity, or process shall produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity at the property line of the site that cause material distress, discomfort, or injury to the average person.

C.

Odor. No use, process, or activity shall produce odor that causes discomfort or annoyance to a reasonable person of normal sensitivity or which endangers the comfort, repose, health, or peace of residents whose property abuts the site.

D.

Solar access. No structure shall be established or enlarged unless it has been reviewed by the Zoning Administrator for its effect on solar access to existing and future solar applications on adjacent properties subject to the following findings:

1.

There are no conditions, covenants, and restrictions existing or proposed that are adverse to solar energy systems;

2.

Solar access has been addressed within the context of any required Environmental Impact Report; and

3.

The proposed structure will not prohibit or unreasonably restrict the use of solar energy systems on adjacent properties.

E.

Vibration. No use, activity, or process shall produce vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health, or peace of residents whose property abuts the site.

17.40.100 - Public Art Requirements and Design Standards

A.

Purpose. This Section implements the policies of the Pasadena General Plan that call for provisions for the arts and other cultural resources in new development. This Section will further this program goal by establishing a requirement that the design of certain projects incorporate a public art component.

B.

Applicability.

1.

Projects over 25,000 square feet. Each commercial, industrial, mixed-use project and parking structure over 25,000 square feet of gross floor area shall incorporate in its design a public art component. For the purpose of this section, the gross floor area calculation shall include parking garages (including below grade and at or above grade garages).

2.

Northwest Boundary Area. Each new or renovated commercial, industrial, multi-family residential (three units or more), mixed-use project, and any parking garage with a valuation of $500,000 or more shall be subject to the public art requirement. A map showing the boundaries of this Area is attached to the October 17, 2016 staff report to City Council and is on file in the City Clerk's Office.

3.

Downtown and Old Pasadena Redevelopment areas. Each new or renovated commercial, multi-family residential (three units or more), mixed-use project, and any parking garage with a valuation of $500,000 or more shall be subject to the public art requirement. The boundaries for these areas shall be the same boundaries as those used by the current and/or former Downtown and Old Pasadena Redevelopment Plans. These boundaries are geographic only and shall be used for the duration of the public art program regardless of whether the corresponding redevelopment plan is active or expired. Maps showing the boundaries of these Areas are attached to the October 17, 2016 staff report to City Council and are on file in the City Clerk's Office.

4.

All City projects. All City construction projects (e.g. Capital Improvement Projects) shall also incorporate in their design a public art component.

Public art defined. For the purposes of this Section, "public art" shall mean the creation of an original work or service of an artist for a publicly accessible space which could be, but is not limited to, earthworks, mosaics, murals, and sculpture.

6.

One percent of Building Permit Valuation. The minimum standard of performance used to measure compliance with this Section shall be that the public art component shall have a value of not less than one percent of the Building Permit valuation.

C.

Exceptions. This Section shall not apply to a project:

1.

Having a fully executed owner participation agreement ("OPA"), disposition and development agreement ("DDA") or development agreement, or a Vesting Tentative Map approved before the effective date of the ordinance enacting this Section;

2.

Within the boundaries of a master plan or planned development zone change area approved before the effective date of the ordinance enacting this Section; or

3.

For which a Building Permit was issued before the effective date of the ordinance enacting this Section. A Building Permit for additions to the same project which is issued after the effective date of the ordinance enacting this Section shall be subject to this Section.

D.

Guidelines for compliance.

1.

The Arts and Culture Commission shall recommend and the Council, by resolution, shall adopt guidelines to be used in determining whether there has been compliance with this Section.

2.

The Arts and Culture Commission shall be responsible for determining compliance with this Section.

E.

Verification of compliance. No Certificate of Occupancy shall be issued for a project subject to the requirements of this Section until the Arts and Culture Commission has made a written determination of compliance with this Section.

(Ord. 7292 § 2, 2017; Ord. 7189 §§ 1—3, 2010; Ord. 7160 § 25, 2009; Ord. 7099 § 25, 2007)

17.40.105 - Modifications for Individuals with Disabilities

A.

Purpose. The purpose of this Subsection is to establish a procedure for persons with disabilities seeking fair access to housing to make requests for relief from development standards when the application of a zoning law or other land use

regulation, policy, or practice acts as a barrier to fair housing opportunities for persons with disabilities.

B.

Procedures.

1.

The Director of Planning and Community Development, or their designee, shall be the applicable review authority for a request for modifications for individuals with disabilities if no approval is sought other than the modification request. The Director's decision may be appealed to the Board of Zoning Appeals.

2.

If the project for which modifications are requested requires another permit (e.g., Hillside Development Permit, Neighborhood Development Permit, etc.), the modification application shall be filed concurrently with the related permit application. The decision to grant, grant with modifications, or deny the application shall be made using the criteria in Section 17.40.105.E by the review authority taking action on such other application. The review authority's decision may be appealed pursuant to Section 17.72.020.

3.

An individual with a disability, or their designated representative, may request that any applicable development standard be modified to prevent discrimination against the individual on the basis of their disability. The modifications shall not be granted to any applicable development standard relating to density.

C.

Decision and Findings.

1.

An application for modifications for individuals with disabilities may be granted, granted with modifications and/or conditions, or denied. Any such decision shall be in writing supported with conclusions addressing the criteria set forth in Section 17.40.105.E and the following findings:

a.

The dwelling which is the subject of the request for modifications will be used by an individual with a disability protected under State and Federal law;

b.

The requested modification(s) are necessary to make the dwelling available to an individual with a disability protected under State and Federal law; and

c.

The requested modification(s) will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.

(Ord. No. 7414, § 4, 9-11-2023)

A.

Reflective glass. For new structures, mirror or highly reflective glass shall not cover more than 20 percent of a structure's surface visible from a street.

B.

Metallic finishes. In the RS and RM-12 zoning districts, the exterior walls and/or roof of a main structure and/or accessory structure requiring a building permit may have a metallic finish (e.g., exposed metal cladding) when the Solar Reflectance does not exceed 0.35. Otherwise, metallic finishes shall require the approval of an Administrative Minor Conditional Use Permit, in compliance with Section 17.61.050.

(Ord. No. 7435, § 16, 10-28-2024; Ord. 7371 § 6, 2021)

17.40.120 - Refuse Storage Facilities

A.

Applicability.

1.

A refuse storage area for the collection of trash and recycled goods shall be provided at the time any structure is constructed.

2.

Refuse storage areas for additional dwelling units or for enlargements to existing nonresidential uses shall meet the minimum size required by this Section.

3.

The number of dwelling units or amount of floor area used in determining the size of the refuse storage area shall be the total number of units or amount of floor area when the project is completed.

B.

Design standards. Each proposed development and new land use shall provide a refuse storage area in compliance with the following requirements, provided that the Zoning Administrator may approve deviations to these standards.

1.

Location. Each required refuse storage area shall be located within 150 feet of the users and shall not be located in a required garden, yard, court, or landscape area.

2.

Minimum storage area required. Each required refuse storage area shall provide space for the storage of trash and recyclable materials as follows.

a.

Trash area. An area for the storage of trash shall be provided with minimum clear dimensions of five feet by seven feet for all multi-family residential uses of four to 19 dwelling units, and for all nonresidential uses with a gross floor area of less than 25,000 square feet. Multi-family residential uses with 20 or more dwelling units, and nonresidential uses with 25,000 square feet of gross floor area or more, shall provide trash storage areas with the minimum size determined by the Director of Public Works based on the type of use, the size of the refuse area proposed, and the frequency of refuse collection.

b.

Recycling area. In each required refuse storage area, space shall be provided for recyclable materials. A separate bin for each type of recyclable material collected in the area in which the site is located shall be provided. The bins shall be clearly marked as to the types of recyclable materials which are to be placed in the bins, and a list of materials for which the bin is provided shall be attached to the bin.

3.

Enclosure required. A refuse storage area shall be enclosed in concrete block or other materials acceptable to the Zoning Administrator.

a.

Minimum height and clearance. The minimum height of the enclosure shall be six feet with a minimum vertical clearance of seven feet.

b.

Doors required. Solid wood or metal doors shall be provided at the entrance of the enclosure; the doors shall not be visible from a street.

c.

Maneuvering space. Space within the enclosure shall be provided for accessing and maneuvering the bins.

4.

Pavement. The surface of a refuse storage area shall be paved with Portland cement and shall be constructed to provide proper drainage.

5.

Accessibility. Accessibility to a refuse storage area shall be approved by the Director of Public Works.

6.

Use of alley. An alley shall not be used as a refuse storage area unless a permit is obtained from the Department of Public Works.

C.

Refuse and storage areas in the Central District. In the Arroyo, Del Mar, De Lacey, Northwest Gateway, and Old Pasadena subareas of the Central District Specific Plan, the above requirement shall be met when there is a change in use or tenant improvements are proposed. In lieu of providing an on-site refuse storage area, applicants for nonresidential uses may provide a waste management plan that meets the following requirements.

1.

Review and approval. The waste management plan shall be reviewed by the Zoning Administrator and Department of Public Works to ensure that all refuse, trash, and recyclable materials generated by the use shall be collected and stored in an approved refuse storage area.

2.

Plan content. The plan shall specify the location of the waste disposal and include the items as a refuse storage area or trash compactor.

3.

Shared facilities. Under a waste management plan a refuse storage area or trash compactor may be shared with an adjacent use or be located off-site.

a.

Location requirements. Shared facilities shall be located within 200 feet of the structure to be served.

b.

Lease agreement. A lease agreement for off-site refuse storage or compactor shall be submitted to the Zoning Administrator detailing the location of the shared trash facilities. The lease agreement shall be effective as long as the structure is being used and shall contain a provision requiring the Zoning Administrator to be notified in writing at least 30 days before the termination of the lease. The lease shall be recorded with the County Recorder and a copy filed with the Zoning Administrator.

(Ord. No. 7419, § 4, 2-26-2024; Ord. 7160, § 26, 2009)

A structure may be relocated from one lot to another in compliance with the following requirements.

A.

Permit requirement. Minor Conditional Use Permit approval is required for relocation of a structure to a lot within the RS or RM-12 zoning districts. In the RM-16, RM-32, and RM-48 zoning districts a Minor Conditional Use Permit is required for a structure relocation for structures subject to the RS or RM-12 development standards.

B.

Guarantee of performance.

1.

Before the structure's relocation to the lot, the applicant shall submit to the Zoning Administrator a certificate of deposit, for the benefit of the City, the amount of which shall be approved by the Zoning Administrator, to cover the cost of completion of the relocation project.

2.

The deposit shall be returned to the applicant upon completion of the project as determined by the Zoning Administrator, less any amount drawn upon by the Zoning Administrator to complete the project if the applicant fails to do so.

3.

The Zoning Administrator may modify this requirement for projects that are City-assisted or if the applicant can demonstrate other guarantees to the satisfaction of the Zoning Administrator.

C.

Time for placement on foundation. The structure shall be secured immediately upon relocation and shall be placed on its foundation within 30 days of its relocation.

D.

Time for completion of work. All exterior work on the structure and any required landscaping shall be substantially completed within 365 days or less, in compliance with a schedule approved by the Zoning Administrator before issuance of a Building Permit.

Whenever more than 50 percent of the exterior wall(s) of a structure is removed, the replacement construction shall constitute a new structure that would have to comply with all current development standards of the subject zoning district.

(Ord. No. 7435, § 16, 10-28-2024)

A.

General requirement. Except as otherwise specified herein, all new exterior mechanical equipment, except solar collectors, shall be screened or located out of view from public rights-of-way (not including freeways). Equipment to be screened includes air conditioning and refrigeration equipment, duct work, heating, plumbing lines, and satellite receiving antennas.

B.

Utility meters. Aboveground utility meters shall not be located between the front property line and the front foot of building occupancy or the corner side property line and the front foot of building occupancy.

C.

Screening specification. At a minimum, screening materials shall have evenly distributed openings or perforations not exceeding 50 percent of surface area and shall effectively screen mechanical equipment.

D.

Exceptions. The following are exceptions to the above screening requirements:

1.

Screening requirements are not applicable to an antenna array consisting of a whip antenna that does not exceed a height of 15 feet or to satellite earth station antennas that are preempted by Part 25 of Title 47 of the Code of Federal Regulations.

2.

The Zoning Administrator may allow utility meters to be located between the front property line and the front foot of building occupancy or the corner side property line and the front foot of building occupancy when no other location is feasible. Aboveground utility meters located in front or corner yards shall be screened from view from the public right-ofway.

3.

Exceptions to the screening of mechanical equipment may be approved for projects subject to Design Review in Chapter 17.42 when the equipment is designed as an integral part of the architecture or where the screening enclosure substantially increases the visual mass on the roof line of a structure and alternative treatment may be preferable.

17.40.160 - Setback and Encroachment Plane Requirements and Exceptions

A.

Purpose.

1.

This Section provides standards for the use and minimum size of required setbacks, and for the application of encroachment planes.

2.

These standards are intended to provide open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

3.

The encroachment plane standards of this Section are intended to moderate the mass and scale of proposed structures within certain residential and commercial zoning districts to maintain the desired neighborhood character.

B.

Setback requirements.

1.

All structures.

a.

All structures shall comply with the setback requirements of the applicable zoning districts established by Article 2 (Zoning Districts and Allowable Land Uses) or Article 3 (Specific Plans), with the requirements of this Section, and other setback requirements established by this Article and/or Article 5 (Standards for Specific Land Uses).

b.

Each required setback shall be maintained open and unobstructed from the ground upward, except for trees, other plant materials, and the storage of City-provided refuse containers in single-family side or rear setbacks, and except as provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below.

c.

Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

2.

Commercial and industrial districts abutting residential zoning districts. In the commercial and industrial zoning districts, except as regulated by an adopted Specific Plan in Article 3 (Specific Plans), a 15-foot side and/or rear setback shall be provided adjacent to any abutting residential zoning district. This setback requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. Single-family residential projects shall meet the rear setback requirements of the RS-6 district, two units on a lot shall meet the requirements of the RM-12 district and three or more units shall meet the setback requirements for multi-family districts (City of Gardens requirements - Section 17.22.060).

C.

Measurement of setbacks. The following setbacks shall be measured from each exterior wall of a structure, to define a setback line parallel to the adjacent property line. Figure 4-6 shows the location of each type of setback, and the points from which they are measured. Setbacks may be otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans). Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

1.

Front setbacks. The front setback shall be measured at a right angle from the front property line of the lot to the point on the structure nearest to the front property line excluding the front porch.

a.

Corner lots. The measurement shall be taken from the nearest point on the structure, excluding any porches, to the nearest point of the property line adjoining the street that is opposite the rear yard.

b.

Flag lots. See Section 17.40.050 (Flag Lot Development Standards).

2.

Side setbacks. Side setbacks shall be measured at right angles from the nearest point on the side property line of the lot to the nearest portion of the structure, excluding any porches; establishing a setback line parallel to the side property line that extends between the front and rear yards.

3.

Rear setbacks. The rear setback shall be measured at right angles from the nearest point on the rear property line of the lot to the nearest portion of the structure, establishing a setback line parallel to the rear property line.

==> picture [226 x 208] intentionally omitted <==

Figure 4-6 - Location and measurement of setback

==> picture [226 x 248] intentionally omitted <==

Figure 4-7 - Flag lot setbacks

D.

Encroachment plane requirements. Proposed structures shall comply with the following encroachment plane requirements, or as otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans), in addition to the minimum setback requirements of this Section except as otherwise provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control. In addition to the minimum setback requirements of the applicable zoning district and as defined in Subsection C., above, a main structure within:

1.

RS and RM-12 zoning districts. Principal structures within the RS and RM-12 zoning districts shall not be located within a side setback encroachment plane sloping upward and inward to the site at a 30-degree angle measured from the vertical, commencing six feet above the existing grade along the interior side property line. See Figure 4-8.

==> picture [258 x 219] intentionally omitted <==

Figure 4-8 - Encroachment plane requirements for the RS and RM districts

2.

Nonresidential structures abutting RS or RM-12 districts. Principal and accessory structures shall be located within an encroachment plane sloping upward and inward to the site at a 45-degree angle, commencing six feet above the existing grade at the property line of the abutting residential zoning district. This encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-8.1.

==> picture [258 x 198] intentionally omitted <==

Figure 4-8.1 - Encroachment Plane Requirements for Projects Abutting RS and RM-12 Zoning Districts

3.

Nonresidential structures abutting RM-16, RM-32, and RM-48 zoning districts. Principal and accessory structures shall not be located within an encroachment plane sloping upward and inward to the site at a 45-degree angle, commencing 20 feet above the existing grade at the property line of the abutting residential zoning district. This encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-9.

==> picture [258 x 234] intentionally omitted <==

Figure 4-9 - Encroachment plane requirements for projects abutting an RM-16, RM-32, and RM-48 district

4.

Multi-family projects adjacent to single-family districts. Principal and accessory structures using the City of Gardens Standards (Section 17.22.070) that adjoin an RS district along a side lot line shall provide a five-foot side yard setback and shall not be located within a side encroachment plane sloping upward and inward to the site at a 30-degree angle measured from the vertical, commencing six feet above the existing grade along the side lot line. See Figure 4-9.1. Also see encroachment exceptions in Table 4-2.1.

==> picture [258 x 173] intentionally omitted <==

Figure 4-9.1 - Side Yard Encroachment Plane under City of Gardens

E.

Setback and encroachment plane exceptions, allowed projections. An attached architectural feature may extend beyond the wall of the structure and into a front, side, or rear setback, and into the encroachment plane required by Subsection D. (Encroachment plane requirements), above, in compliance with Tables 4-1 and 4-2.

==> picture [386 x 255] intentionally omitted <==

Figure 4-10 - Examples of allowed projections into setbacks

F.

Limitations on the use of setbacks. A required setback shall only be used in compliance with the following requirements, or as regulated by an adopted Specific Plan in Article 3 (Specific Plans). Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

1.

Storage. No required setback shall be used for the storage of:

a.

Junk, inoperable vehicles, scrap, or similar material; or

b.

Building materials, except during on-site construction, in compliance with a valid Building Permit.

2.

Parking. Parking is allowable within a required setback only in compliance with Section 17.46.020 Basic Requirements for Off-Street Parking and Loading) or as regulated by an adopted Specific Plan in Article 3 (Specific Plans).

3.

Front and corner side setback pavement in residential zones. Within a residential zoning district, no portion of any front or corner side setback area between the street property line and the building line shall be paved unless paving has been approved by the Zoning Administrator and the paving and site comply with the following requirements:

a.

Not more than 30 percent of the front or corner side setback area shall be paved;

b.

All unpaved areas shall be improved and maintained with landscaping;

c.

A driveway shall lead to covered parking elsewhere on the lot; and

d.

Driveway widths shall not exceed the maximum allowed under Section 17.46.150 (Driveway Design, Widths, and Clearances).

(Ord. No. 7435, § 16, 10-28-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7179 § 6, 2009; Ord. 7099 § 22, 23 (Exh. 20), 2007; Ord. 7057 § 14 (a—c), 2006; Ord. 7038, §§ 8(a, b), 9, 10, 2006; Ord. 7035, §§ 10—12, 2006)

17.40.170 - Truck Trip Limitations

A.

Applicability.

1.

The following standards shall apply to commercial and industrial uses in commercial and industrial zoning districts including specific plan areas.

2.

This Section does not apply to the CD zoning district.

B.

Hours of operation.

1.

The operation of large trucks on sites that are more than 500 feet from a freeway and are less than 300 feet from a residential district that is not within 500 feet of a freeway shall be permitted between the hours of 6 a.m. to 7 p.m. This shall apply to new uses and uses that expand by more than 30 percent of the gross floor area.

2.

In the CG-1 district, on any site that is within 300 feet of an R district, large trucks shall be permitted between the hours of 6 a.m. to 7 p.m. This requirement applies to all uses, existing as well as proposed.

3.

These hours of operation maybe modified through the approval of a conditional use permit. The base ambient noise level found in the vicinity (without the operation of the trucks) shall not be exceeded during the time the truck activity is proposed.

C.

Number of truck trips.

1.

A commercial or industrial use within 300 feet of an R district shall be limited to ten one-way truck trips by large trucks per day, per six-day work week. This shall apply to new uses and uses that expand by more than 30 percent of the gross floor area. This requirement shall not apply to uses that are within 500 feet of a freeway.

2.

A commercial or industrial use within 300 feet of an R district and within the CG-1 district shall be limited to ten one-way truck trips by large trucks per day, per six-day work week. This shall apply to all sites and uses.

All proposed walls and fences, including those located within a specific plan area, shall comply with the requirements of this Section. Requirements for walls for screening purposes are in Section 17.40.140 (Screening).

A.

Wall and fence height measurement.

1.

Measured from existing grade. The height of all walls and fences shall be measured from the existing grade as it existed on March 2, 2009. The height of all walls and fences shall be measured from the existing grade to the top of the wall or fence in order to prevent the artificial raising of the grade in order to allow for a higher wall or fence. Where the existing grade changes (i.e., for a driveway) the fence height shall change with the grade.

2.

Measured in a continuum. The height shall be measured in a continuum at each point along the wall or fence.

B.

Height limits for walls and fences.

1.

Walls and fences adjacent to intersections. All walls and fences adjacent to a street intersection shall comply with the requirements of Municipal Code Chapter 12.12.

2.

RS and RM-12 zoning districts. The maximum height of a wall or fence within the RS or RM-12 zoning districts shall be as follows and as illustrated by Figure 4-11 (Fence Height Limits in the RS and RM-12 Zoning Districts) below.

a.

Abutting OS or PS zoning district — six feet. In interior side or rear setbacks abutting property in a OS or PS zoning district or abutting property with a residential use, the maximum wall or fence height shall be six feet.

b.

Abutting commercial or industrial zoning district — eight feet. In interior side or rear setbacks abutting property in a commercial or industrial zoning district with a nonresidential use, the maximum wall or fence height shall be eight feet along the property line separating the residential district from the commercial or industrial district.

c.

Front setback — four feet. Between the front property line and the occupancy frontage, the maximum wall or fence height shall be four feet. Walls and fences in the front setback shall be at least 50 percent open and any concrete block materials shall have a finished stucco appearance.

d.

Corner and rear yard areas. Walls and fences in corner and rear yard setback areas shall be allowed as follows:

(1)

Rear setback. The maximum height shall be six feet between the rear building line and the rear property line, provided the wall or fence is located a minimum distance of five feet from the street property line.

(a)

Where there are multiple rear building lines:

i.

The "rear building line" shall be the corner of the dwelling that is closest to the street property line; and

ii.

The corner of the dwelling that is closest to the street property line shall have a rear building line that is a minimum of 15 feet in length.

(b)

If there is an offset of less than 15 feet in length, the rear building line shall be the corner of the dwelling closest to the rear property line.

(2)

Within five feet of street property line. The maximum height within five feet of a street property line or between the occupancy frontage and the rear building line shall not exceed four feet.

(3)

Visibility at edge of driveway. The maximum height shall be 30 inches within a triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line.

Notwithstanding these provisions, the maximum height of a wall or fence in a corner setback shall be six feet and may be located at the street property line, provided the wall or fence is located beyond the front building line of the main structure and a commercial or industrial zoning district is located on the opposite side of the street adjacent to the corner setback.

==> picture [386 x 303] intentionally omitted <==

Figure 4-11 - Fence Height Limits in the RS and RM-12 Zoning Districts

e.

Double frontage lots. On double frontage lots, the Zoning Administrator shall determine the rear setback for the purposes of wall or fence height, and the maximum height of the rear wall or fence shall be six feet; provided, the wall or fence is located a minimum distance of 25 feet measured perpendicular to the rear street property line. The maximum height of a wall or fence in the rear setback within 25 feet of a street property line shall not exceed four feet.

f.

Flag lots. On flag lots, the maximum front yard wall or fence height may be six feet, provided the front yard of the flag lot is abutting interior side or rear yards on all sides.

g.

Spikes on walls and fences. Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.

h.

Private streets or easements. Fences, gates or walls shall not be constructed within or across private or public streets or easements that serve more than one property.

i.

Prohibited materials. Barbed wire, concertino wire and razor wire shall not be allowed.

3.

Multi-family projects (City of Gardens standards). Walls and fences may be located along property lines or in setbacks in compliance with the following.

a.

The height of a wall or fence along the rear property line or rear yard shall not exceed 10 feet excluding any corner side yard setback.

b.

The height of a wall or fence along the side property lines shall not exceed 10 feet for the rear 50 percent of the site and shall not exceed six feet for the remainder of the site, excluding the front or corner side yard setback.

c.

Between the front property line and the occupancy frontage, the height of a wall or fence in a front yard or corner yard shall not exceed four feet if it is 50 percent open and two feet if the wall or fences is solid. The wall or fence height shall be measured from existing grade.

d.

The height of a wall or fence separating the main garden from other garden space on the same or an adjacent lot shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.

e.

The height of a wall or fence separating the main garden from a residential building on an adjoining lot with entrances close to the common property line shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.

f.

The height of an interior wall or fence bordering an individual patio area shall not exceed six feet. It is encouraged to be less and to allow at least 50 percent visibility.

g.

The height of a wall or fence screening a driveway shall not exceed six feet.

h.

The height of a wall or fence screening a parking area shall be at least six feet but shall not exceed 10 feet.

4.

Nonresidential zoning districts. The maximum height of a wall or fence within the commercial, mixed-use, and industrial zoning districts, shall be as follows unless otherwise modified or regulated by an adopted Specific Plan:

a.

Nonresidential projects.

(1)

Front and corner side setbacks.

(a)

The maximum height of a wall or fence along a street frontage shall be six feet.

(2)

Interior side and rear setbacks.

(a)

The maximum height of a wall or fence shall be eight feet.

(3)

When abutting a residential zoning district. The minimum height of a wall located within five feet of a street property line(s) shall be equivalent to the maximum height for a solid wall or fence in the development standards of the abutting residential zoning district.

(4)

Design standards for walls and fences.

(a)

Walls and fences abutting a residential zoning district shall be constructed only from brick, concrete, or masonry.

(b)

Barbed wire, concertina wire, and razor wire shall not be allowed.

(c)

The wall or fence along a street frontage shall be a minimum of 50 percent open, except when a solid masonry wall is required to screen outdoor storage areas in compliance with Section 17.50.180.

(d)

Chain-link fences shall not be allowed along street frontages, but may be allowed in rear and interior side yards.

(e)

Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.

b.

Residential projects.

(1)

RS or RM-12 zoning district standards. Projects subject to the development standards of the RS or RM-12 zoning districts shall meet the wall and fence requirements of those zoning districts.

(2)

RM-16, RM-32, or RM-48 zoning district standards. Projects subject to the development standards of the RM-16, RM32, or RM-48 zoning districts shall meet the wall and fence requirements of those zoning districts.

c.

All new projects abutting a residential zoning district. Required setbacks abutting residential zoning districts shall be enclosed by a solid concrete or masonry wall at least seven feet in height.

(Ord. No. 7435, § 16, 10-28-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7169, § 13, 2009; Ord. 7160 § 27, 2009; Ord. 7099 § 26, 2007; Ord. 7057 § 15, (a, b) 2006; Ord. 7009 § 18, 2005)

Proposed development shall provide for the undergrounding of utility facilities (e.g., cable television, data network, electrical, telephone, and similar distribution lines providing direct service to the site) in compliance with the following requirements.

A.

Nonresidential and mixed-use development. All utility facilities shall be installed underground within the site.

B.

Residential development. All utility facilities on a site being developed with a new dwelling unit, or new construction adding more than 100 square feet to an existing dwelling unit, shall be installed underground within the property lines of the site.

1.

Risers on poles and structures are allowed and shall be provided by the developer or owner from the pole that provides services to the property.

2.

Where no developed underground system exists, utility service poles may be placed on the rear of the property to be developed only to terminate underground facilities.

3.

The developer or owner is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility providers for the installation of the facilities.

4.

The requirements of this Subsection shall not apply when the cost of placing the services underground exceeds the cost of construction of the new dwelling unit or the new construction.

C.

Exemptions. Unless otherwise required by any provision of the Municipal Code, a development site shall not be subject to the requirements of this Section if, as of the date of filing of a Building Permit application:

1.

The utility lines serving the site are located aboveground, and there are no underground facilities within 100 feet of the site, and no plan to install the facilities within ten years of that date are either in the current budget or other authorized plan of the Pasadena Water and Power Department; or

2.

The site is not within an underground utility district approved by the Council.

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

Chapter 17.42 - Inclusionary Housing Requirements[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— The Title of Chapter 17.42 was amended by Ord. 7056 § 2.

This Chapter establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Chapter is to encourage the development and availability of affordable housing by ensuring that the addition of affordable housing units to the City's housing stock is in proportion with the overall increase in new housing units.

The requirements of this Chapter shall apply to all new residential projects, all subdivisions maps approved after the date of this Ordinance, and all single room occupancy projects, except as noted in Subsection B. The requirements of this Chapter shall apply to all developers and their agents, successors-in-interest, and assigns proposing a residential project. All inclusionary units required by this Chapter shall be sold or rented in compliance with this Chapter and the City's regulations for the implementation of this Chapter (see Subsection A).

A.

Additional regulations. The Council shall by resolution establish regulations for the implementation of this Chapter. (These regulations were first adopted by the Council on September 10, 2001 and are entitled "City of Pasadena Inclusionary Housing Regulations.") All references to "Director" in said regulations shall mean the City Manager or the Assistant City Manager.

B.

Exempt projects. The following are exempt from the requirements of this Chapter.

1.

Project with discretionary approvals. A residential project that has obtained:

a.

Discretionary approval (e.g., a Conditional Use Permit, Variance, or Design Review approval) in compliance with this Zoning Code before the effective date of this Chapter; and

b.

A Building Permit in compliance with the discretionary approval within 12 months of the effective date of this Chapter; and

c.

A Certificate of Occupancy in compliance with the same discretionary approval.

2.

Exempt by State law. A residential project that is exempt from this Chapter by State law, including a project for which the City enters into a development agreement.

3.

Project with Redevelopment Agreement. A residential project for which the Community Development Commission has executed a Redevelopment Agreement, provided that the Redevelopment Agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this Chapter, and there is no uncured breach of the Redevelopment Agreement before issuance of a Certificate of Occupancy for the project.

(Ord. 7028 § 1, 2006; Ord. 7020 § 1, 2005)

All of the terms used in this Chapter are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under the term "Affordable Housing Definitions."

A.

Minimum number of units required. A minimum of 20 percent of the total number of dwelling units in a residential project shall be developed, offered to, and sold or rented to households of very low, low, and moderate-income, at an affordable housing cost, as follows.

1.

Units for sale. If the project consists of units for sale, a minimum of 20 percent of the total number of units in the project shall be sold to very low, low, or moderate-income households.

2.

Rental units. If the residential project consists of rental units, a minimum of five percent of the units shall be rented to very low-income households, five percent of the units shall be rented to very low or low-income households, and 10 percent of the units shall be rented to very low, low, or moderate-income households.

B.

Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units of 0.75 or above shall be rounded-up to a whole unit if the residential project consists of 10 to 20 units; and fractional units of 0.50 or above shall be rounded-up to a whole unit if the project consists of 21 or more units. Notwithstanding the foregoing, the minimum requirement for any project shall not be less than one unit for very low, low or moderate-income households and one unit for very low or low-income households.

(Ord. No. 7353, § 2 (Exh. 1), 11-4-2019)

As an alternative to developing required inclusionary units within an affected residential project in compliance with Section 17.42.040 (Inclusionary Unit Requirement), the requirements of this Chapter may be satisfied through one or more of the following alternatives, in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A).

A.

In lieu fee. The developer may choose to pay a fee in lieu of providing all or some of the inclusionary units, as follows.

1.

Amount of fee. The amount of the fee shall be as required by the Council's Fee Resolution.

2.

Special adjustment for first 12 months. For 12 months from the effective date of this Chapter, the fee shall be 40 percent of that required by the Council's Fee Resolution.

3.

Timing of payment. One-half of the in-lieu fee required by this Subsection shall be paid (or a letter of credit posted) before issuance of a Building Permit for any part of the residential project. The remainder of the fee shall be paid before a Certificate of Occupancy is issued for any unit in the project.

4.

Housing Trust Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Trust Fund.

B.

Off-site units. Upon application by the developer and at the discretion of the City Manager or the Assistant City Manager, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part, by constructing or substantially rehabilitating the required number of units on a site other than that of the affected residential project.

C.

Land donation. Upon application by the developer and at the discretion of the City Manager or the Assistant City Manager, the developer may satisfy the project inclusionary unit requirements, in whole or in part, by dedicating land to the City for the construction of the inclusionary units.

D.

On-site inclusionary units required when very low, low, and/or moderate income households are displaced. Any other provision of this chapter, notwithstanding, any project subject to this chapter which results in the displacement of very low, low, and/or moderate income household(s) shall be required to provide on-site inclusionary units as required by this chapter.

(7028 § 2, 2006; Ord. 7020 § 2, 2005)

17.42.060 - Housing Plan and Housing Agreement Required

A.

Submittal and execution. The developer shall comply with the following requirements at the times and in compliance with the standards and procedures in the City's regulations for the implementation of this Chapter (see Section 17.42.020.A).

1.

Housing Plan. The developer shall submit an Inclusionary Housing Plan for approval by the City Manager or the Assistant City Manager, detailing how the provisions of this Chapter will be implemented for the proposed project.

2.

Housing Agreement. The developer shall execute and cause to be recorded an Inclusionary Housing Agreement, unless the developer is complying with this Chapter as provided in Sections 17.42.050.A. (In lieu fee) or C. (Land donation).

B.

Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this Chapter until the developer has submitted an Inclusionary Housing Plan.

C.

Issuance of Building Permit. No Building Permit shall be issued for a residential project subject to this Chapter unless the City Manager or the Assistant City Manager has approved the Inclusionary Housing Plan, and any required Inclusionary Housing Agreement has been recorded.

D.

Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a residential project subject to this Chapter unless the approved Inclusionary Housing Plan has been fully implemented.

(Ord. 7020 §§ 3, 4, 2005)

A.

Location within project, relationship to non-inclusionary units. All inclusionary units shall be:

1.

Reasonably dispersed throughout the residential project;

2.

Proportional, in number, bedroom size, and location, to the market rate units; and

3.

Comparable with the market rate units in terms of the appearance, base design, materials, and finished quality.

B.

Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, the required inclusionary units shall be provided within each phase of the residential project.

C.

Time limit for reserving units. All required inclusionary units shall be reserved for low and moderate-income households at the applicable affordable housing cost for the following minimum time periods.

1.

Units for sale - 45 years. A unit for sale shall be reserved for the target income level group at the applicable affordable housing cost for a minimum of 45 years.

2.

Rental units - Reserved in perpetuity. A rental unit shall remain reserved for the target income level group at the applicable affordable housing cost in perpetuity.

D.

Recapture of financial interest. Notwithstanding Subsection C. 1., above, inclusionary units for sale may be sold to an above-moderate-income purchaser in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A); provided that the sale shall result in a recapture by the City, or its designee, of a financial interest in the unit equal to:

1.

Difference between price and value. The difference between the initial affordable sales price and the appraised value at the time of the initial sale; and

2.

Proportionate share of appreciation. A proportionate share of any appreciation.

E.

Preference and priority system. The preference and priority system set forth in the City's Inclusionary Housing Regulations shall be used for determining eligibility among prospective beneficiaries for inclusionary units created through this Chapter.

(Ord. 7028 §§ 3, 4, 2006)

17.42.080 - Enforcement

A.

Forfeiture of funds. Any individual who sells or rents an inclusionary unit in violation of this Chapter shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund.

B.

Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Chapter, including actions:

1.

To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and

2.

For injunctive relief or damages.

C.

Recovery of costs. In any action to enforce this Chapter, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs.

A.

Determination of a taking of property without just compensation.

1.

Initiated by request from developer. Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the City Manager or the Assistant City Manager, in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A), and within 15 days thereafter, a developer may request a determination that the requirements of this Chapter, taken together with the inclusionary incentives as applied to the residential project, would legally constitute a taking of property of the residential project without just compensation under the California or Federal Constitutions.

2.

Burden on developer. The developer has the burden of providing economic information and other evidence necessary to establish that application of the provisions of this Chapter to the project would constitute a taking of the property of the proposed project without just compensation.

3.

City Manager or the Assistant City Manager's determination subject to appeal. City Manager or the Assistant City Manager shall make the determination, which may be appealed in compliance with Chapter 17.72 (Appeals) except that the Council shall serve as the applicable review authority.

B.

Presumption of facts. In making the taking recommendation or determination, the review authority shall presume each of the following facts:

Application of requirements. Application of the inclusionary housing requirement to the residential project;

2.

Incentives. Application of the inclusionary incentives;

3.

Product type. Utilization of the most cost-efficient product type for the inclusionary units; and

4.

External funding. External funding where reasonably likely to occur.

C.

Modifications to reduce obligations. If it is determined that the application of the provisions of this Chapter would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined no taking would occur though application of this Chapter to the residential project, the requirements of this Chapter remain applicable.

(Ord. 7020 § 5, 2005)

There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Trust fund. All monies collected in compliance with Subsections 17.42.050 A. (In lieu fee), 17.42.080.D.(Recapture of financial interest), or 17.42.090 (Enforcement), above, shall be deposited in the Inclusionary Housing Trust Fund.

(Ord. 7056 § 2(c) (part), 2006)

The Council may by resolution establish reasonable fees and deposits for the administration of this Chapter.

(Ord. 7056 § 2(c) (part), 2006)

Within 15 calendar days after the date of the City Manager or Assistant City Manager's decision, an appeal may be filed in compliance with Chapter 17.72 (Appeals and Calls for Review).

(Ord. 7056 § 2(c)(part), 2006; Ord. 7020 § 6, 2005)

Chapter 17.43 - Density Bonus, Waivers and Incentives

This Chapter establishes procedures to implement the State's Density Bonus law as set forth in Government Code Section 65915. The incentives in this Section are used by the City as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The provisions of this Section apply only to multi-family residential and mixed-use development projects consisting of five or more dwelling units not including units granted as a density bonus.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The following terms used in this Chapter are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under the term "Affordable Housing Definitions.

(Ord. 7160 § 28, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Density bonus requirement. A request for a density bonus shall not require any discretionary approval by the City. A request for a density bonus pursuant to this Chapter shall only be granted if an applicant seeks and agrees to construct one of the following:

1.

At least 5 percent of the units are dedicated to very low-income households;

2.

At least 10 percent of the units are dedicated to low-income and very low-income households;

3.

At least 10 percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

4.

At least 35 dwelling units are available exclusively to persons aged 55 and older and to those residing with them.

B.

Density bonus of up to 35 percent. In calculating the number of units required for very low, low, and moderate-income households, the density bonus units shall not be included.

1.

The density bonus for very low-income units shall be calculated as follows.

2.

The density bonus for low-income units shall be calculated as follows.

3.

The density bonus for moderate-income ownership units shall be calculated as follows.

4.

The density bonus for a project for persons aged 55 and older, and those residing with them, shall be 20 percent.

C.

Density bonus of up to 50 percent in Central District. Projects in Central District subdistricts CD-1, CD-2, CD-3, and CD4 may be granted a density bonus of up to 50 percent above the maximum density, according to the following formula: for each additional percentage point of very low income units above 11 percent, a bonus of 2.5 percent may be granted, for each additional percentage point of low-income units above 20 percent, a bonus of 1.5 percent may be granted, and for each percentage point of moderate-income units above 40 percent, a bonus of one percent may be granted. A Conditional Use Permit (Section 17.61.050) shall be required for any density bonus exceeding 35 percent.

D.

Bonuses not combined. The bonuses that are available under this section shall not be combined.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Concessions and other incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows.

1.

One concession or other incentive for projects that include at least 5 percent of the units for very low-income households, 10 percent of the units for low-income households, or 10 percent of the units for moderate-income households when the units are available for sale to the public.

2.

Two concessions or other incentives for projects that include at least 10 percent of the units for very low-income households, 20 percent of the units for low-income households, or 20 percent of the units for moderate-income households when the units are available for sale to the public.

3.

Three concessions or other incentives for projects that include at least 15 percent of the units for very low-income households, 30 percent of the units for low-income households, or 30 percent of the units for moderate-income households when the units are available for sale to the public.

4.

Affordable Housing Concession Permit. An applicant may submit an application for an Affordable Housing Concession Permit, for approval of a request for the concessions and other incentives.

B.

Application requirements. An applicant for an Affordable Housing Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for the Affordable Housing Concession application, including the specific economic information described in the handout.

C.

Procedure. The procedure for an Affordable Housing Concession Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3) Affordable Housing Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

1.

Approve the concession and/or other incentive described in application for the Affordable Housing Concession Permit.

2.

Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.

3.

Approve one or more concession and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentives is described in the application for the Affordable Housing Concession Permit.

D.

Findings. A concession or other incentive shall be approved upon making the following findings.

1.

The concession or incentive is required in order for the designated units to be affordable.

2.

The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigated or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 7099 § 27, 2007; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Eligibility. An applicant who utilizes the density bonus provisions of this chapter and complies with the following shall not be subject to the application requirements, procedures, or findings set forth in Section 17.43.050 - Concessions and Other Incentives:

1.

The project complies with the minimum number of inclusionary units set forth in Section 17.42.040(A) by providing the units on-site; and

2.

The applicant does not request any concession or incentive except for those specified within the affordable housing concession menu in this section.

B.

Concession Menu. An eligible applicant shall be entitled to utilize no more than two of the following concessions:

1.

Height. Increase in maximum allowable height of each building by up to 12 feet beyond otherwise applicable standard over no more than 60% of the proposed footprint of the respective building. This concession shall not be applicable to any other development standards relating to building scale and massing, including but not limited to, encroachment plane and view corridor preservation standards.

a.

Height averaging. In areas where height averaging is allowed, the project may utilize either the height increase in this concession, or the applicable height averaging standards, but not both. The additional height allowed under this concession shall apply to the average height, and not the maximum height indicated in the height averaging standards.

2.

Floor area ratio. Increase in maximum allowable floor area ratio by up to 0.5 beyond otherwise applicable standard. This increase shall apply to the floor area ratio itself, and not the resulting allowable gross floor area, as shown in the

following examples:

a.

Examples. For zones with a maximum floor area ratio of 1.5, this concession shall allow a floor area ratio of up to 2.0. For zones with a maximum floor area ratio of up to 2.25, this concession shall allow a floor area ratio of up to 2.75.

3.

Setbacks. Reduction of side or rear setback requirements by up to 50% from otherwise applicable standards. This concession applies only to setbacks from property lines, and shall not be applicable to setbacks from required gardens or any development standards relating to building separation, including but not limited to light and air separation.

a.

Exceptions.

1.

This concession shall not apply to any setback that is adjacent to any RS Zoning District or a Historic Resource.

2.

Setback reductions pursuant to this concession shall not result in the removal of a protected tree, nor shall they exempt a project from meeting the requirements of Chapter 8.52 - City Trees and Tree Protection Ordinance.

4.

Loading. Exemption from any of the requirements set forth in Section 17.46.260 - Number, Location, and Design of OffStreet Loading Spaces.

5.

Parking. Reduction of the minimum number of off-street automobile parking space requirements by up to 50% below otherwise applicable standards, provided that the project site is located within the Central District Transit Oriented area (Figure 1), or any portion of the project site is located within a one-half mile radius of any Metro Gold Line Station, with the exception of the Sierra Madre Villa Station. The 50% reduction shall be in addition to any other applicable parking reduction, including but not limited to those included in Section 17.43.090 - Alternative Parking Standards and Section 17.50.340 - Transit-Oriented Development (TOD).

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7353, § 3 (Exh. 2), 11-4-2019)

A.

Waiver of Development Standards. If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and concession or incentive, in compliance with this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard. Projects that utilize a waiver of development standards shall not be permitted to utilize the Modulation alternative compliance process under an adopted Specific Plan.

B.

Application requirements. An application for a Waiver of a Development Standards Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information

identified in the Department handout for Waiver of Development Standards Permit application, including the specific economic information described in the handout.

C.

Procedure. The procedure for a Waiver of Development Standards Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3). A Waiver of Development Standards Permit may be granted with approval by the Hearing Officer. The Hearing Officer may:

1.

Approve the waiver and/or reduction of development standard; or

2.

Deny the waiver and/or reduction of development standard; or

3.

Approve one or more waivers and/or reductions and deny one or more other waivers and/or reductions, if more than one waiver or reduction is described in the application.

D.

Findings. A Waiver of Development Standards Permit shall be approved upon making the following findings.

1.

The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project.

2.

The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

3.

The waiver or reduction in a development standard is necessary because applications of the development standards would physically preclude construction of a project utilizing a density bonus, concession or incentive.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7169 § 14, 2009; Ord. 7160 § 29, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Floor area bonus or concession for inclusion of child day-care facility. An application for a development project that complies with the density bonus requirement of this section and that also includes a child day-care center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession as follows.

1.

Additional net floor area for housing units that is equal to or greater than the net floor area in the child day-care center.

2.

A concession that contributes significantly to the economic feasibility of the construction of the child day-care center, in addition to a concession granted for designated dwelling units.

B.

Application requirements. An application for a Child Day-Care Bonus or Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for a Child Day-Care Bonus or Concession Permit application, including the specific economic information described in the handout.

C.

Procedure. The procedure for a Child Day-Care Bonus or Concession Permit shall same as for a Minor Variance (Section 17.61.080.C.3) Child Day-Care Bonus or Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

1.

Approve the bonus or concession described in the application for the Child Day-Care Bonus or Concession Permit, if the findings below are made.

2.

Deny the bonus or incentive described in the application for the Child Day-Care Bonus or Concession Permit, if the necessary findings cannot be made.

D.

Findings. A child day-care bonus or concession shall be approved upon making the following findings.

1.

The bonus or concession would contribute significantly to the economic feasibility of the construction of the child daycare center.

2.

The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

E.

Conditions of Approval. The child day-care center shall comply with conditions of approval as follows.

1.

The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable.

2.

Of the children who attend the child day-care center, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or low-income households or families of moderate income.

(Ord. 7160 § 30, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the City shall be entitled to a bonus in residential density for the entire development above the density allowable under this Title and the Land use Element of the General Plan.

B.

Requirements for Bonus. A bonus for the donation of land shall meet the following requirements.

1.

The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units.

2.

The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

3.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low income housing units on the transferred land.

4.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 17.43.100 (Enforcement of Affordability).

5.

The land shall be transferred to the City of Pasadena or to a housing developer approved the City of Pasadena.

6.

The transferred land shall be within the boundary of the proposed development or, with approval of the Director, within one-quarter mile of the boundary of the proposed development.

A bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map, or application for the construction of residential units.

C.

Density bonus of up to 35 percent. The density bonus for donation of land for very low-income units shall be calculated as follows.

D.

Bonuses may be combined. A bonus for the donation of land may be combined with a bonus granted under Section 17.43.040.

(Ord. 7169 § 15, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)

17.43.090 - Alternative Parking Standards

A.

An applicant may request the following alternative parking requirements.

B.

If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking on the project site.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

A.

Low and very low income: covenant for 30 years. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the low and very low income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least 30 years. If a density bonus unit is also being used to satisfy the requirements of Chapter 17.42, the longer term of affordability shall apply.

B.

Moderate income: recapture of financial interest. A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the moderate income density bonus units are initially occupied by persons or families at a moderate income level. Moderate income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the City, or its designee, of a financial interest in the unit equal to:

1.

Difference between price and value. The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

2.

Proportionate share of appreciation. A proportionate share of any appreciation.

C.

Forfeiture of funds. Any individual who rents a unit in violation of this Chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this Chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in to the Inclusionary Housing Trust Fund.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

The City Manager or her/his designee may adopt administrative procedures for implementation of this Chapter.

(Ord. 7056 § 3 (Exh. 1) (part), 2006)

Chapter 17.44 - Landscaping

In addition to the general purposes identified in Chapter 17.10 (Enactment and Applicability of Zoning Code), the specific purposes of this Chapter are to:

A.

Provide general landscape requirements common to various zoning districts;

B.

Encourage quality landscape designs;

C.

Enhance the appearance of all development by requiring the design, installation, and proper maintenance of landscaping and by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

D.

Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., large specimen plants) are retained;

E.

Protect public health, safety, and welfare by minimizing the impact of various forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety;

F.

Encourage the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas;

G.

Ensure the protection of landmark, native, and specimen trees to the extent specified in Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code;

H.

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

I.

Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

J.

Establish provisions for water management practices and water waste prevention for existing landscapes;

K.

Use water efficiently without waste by setting a Maximum Applied Water Allowance an upper limit for water use and reduce water use to the lowest practical amount;

L.

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

M.

Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

N.

Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance.

(Ord. 7324, § 2, 2018)

17.44.020 - Applicability

A.

Landscaping required. All projects shall provide and maintain landscaping in compliance with the provisions of this Chapter.

B.

Landscaping plans subject to review.

1.

Submittal of plans required. Final landscape and irrigation plan, plans for projects subject to the Water Efficient Landscape requirements of this chapter, and plans for the ornamental use of water, including fountains and ponds, shall be submitted to the Zoning Administrator for review for compliance with the requirements of this Chapter.

2.

Approval by Zoning Administrator required. The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the Zoning Administrator and any applicable permits have been issued. For projects subject to the Water Efficient Landscape requirements, approval of the Landscape Documentation Package by the Zoning Administrator, or his/her designee, is also required prior to installation.

3.

Changes to final plans. Changes to the approved final landscape and irrigation plans or Landscape Documentation Package that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

C.

No construction resulting in injury or removal of trees. No construction shall be allowed that results in the injury or removal of a landmark, native, or specimen tree, as those terms are defined in Chapter 8.52, unless the appropriate findings are made in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

(Ord. 7324, § 2, 2018)

17.44.030 - Preliminary Landscape Plan

A.

Plan required.

1.

A preliminary landscape plan shall be submitted as part of an application for a land use entitlement.

2.

Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code before issuance of a Building Permit.

3.

Where a project is subject to the Water Efficient Landscape requirements in Section 17.44.050, the Preliminary Landscape Plan may also include the required elements of the Landscape Documentation Package.

B.

Intent of preliminary landscape plan.

1.

The preliminary landscape plan shall meet the purpose of this Chapter by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, theme, and similar attributes.

2.

The preliminary landscape plan shall provide the Zoning Administrator with a clear understanding of the landscaping program before preparation of the detailed final landscape and irrigation plan.

3.

The preliminary landscape plan shall meet the intent of Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

C.

Landscape architect required. Preliminary landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.

D.

Waiver of requirements. The Zoning Administrator may waive the requirement for a preliminary landscape plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.

(Ord. 7324, § 2, 2018)

This Section provides standards for preparation and submittal of the final landscape and irrigation plan.

A.

Submittal of plan.

1.

A final landscape and irrigation plan (e.g., construction documents) for on-site landscaping shall be submitted following approval of the land use entitlement application by the Zoning Administrator.

2.

Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code, before issuance of a Building Permit.

3.

Where a project is subject to the Water Efficient Landscape requirements in Section 17.44.050, the Final Landscape and Irrigation Plan shall also include the required elements of the Landscape Documentation Package.

B.

Waiver of plan requirements. With the exception of projects subject to the Water Efficient Landscape Requirements in Section 17.44.050, the Zoning Administrator may waive the requirement for the preparation and submittal of a final landscape and irrigation plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.

C.

Landscape architect required. Final landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.

D.

Landscape plan contents. The landscape plan shall be drawn on project base sheets, be fully dimensioned, and include all of the information below:

1.

Plant selection and grouping. Any plants may be used in the landscape, providing the plants meet the requirements below.

a.

Plants having similar water use shall be grouped together in distinct hydrozones.

b.

Plants shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site.

c.

Existing trees shall be preserved in compliance with Section 17.44.090 (Tree Retention).

Content of plans. Landscape plans shall include all of the necessary information as determined by the Zoning Administrator. At a minimum, the plans shall include the following:

a.

Plant name;

b.

Plant quantity;

c.

Plant size;

d.

Irrigation system; and

e.

Plans for tree retention and removal.

3.

Water features. Only recirculating water shall be used for decorative water features.

E.

Irrigation plan contents. A fully dimensioned irrigation plan shall be drawn on project base sheets separate from the landscape design plan. The scale and format shall be the same as the landscape design plan. The irrigation design plan shall include all of the following information:

1.

Irrigation design criteria.

a.

Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules shall be used to closely match application rates to infiltration rates in order to minimize runoff.

b.

Special attention required. Special attention shall be given to avoid runoff on slopes and to avoid overspray in landscaped areas with a width of less than 10 feet.

c.

Irrigation efficiency. Irrigation systems shall be designed, maintained, and managed to meet or exceed the irrigation efficiency (IE) rate of 0.75 for overhead spray devices and 0.81 for drip systems.

d.

Projects subject to the Water Efficient Landscape requirements in Section 17.44.050 shall also comply with the irrigation

design criteria of that section.

Equipment.

a.

Water meters. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet and residential irrigated landscapes of 5,000 square feet or greater.

b.

Automatic controllers. Automatic control systems utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for all irrigation systems and shall be able to accommodate all aspects of the design.

c.

Drip irrigation. The use of drip irrigation is preferred and shall be considered whenever appropriate.

d.

Plant groupings. Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed at strategic points to prevent low-head drainage.

e.

Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

f.

Rain-sensing devices. Rain sensing override devices shall be required for any project which is subject to the Water Efficient Landscape requirements in Section 17.44.050.

g.

Moisture-sensing devices. Rain sensing override devices shall be required for any project which is subject to the Water Efficient Landscape requirements in Section 17.44.050.

F.

Precise grading plan. When required by the Director, a precise grading plan satisfying the following conditions shall be submitted with the final landscape and irrigation plan.

1.

A precise grading plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan; and

2.

The precise grading plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finished grade.

(Ord. 7324, § 2, 2018)

The administrative, organizational and enforcement for the technical codes which regulate water efficiency in landscaping shall be in accordance with the provisions and in the manner prescribed in the California Code of Regulations, Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinances, § 490 et seq. ("MWELO"), as may be amended from time to time. For the purposes of this section and applicability of water efficiency requirements, the definitions provided in the MWELO shall supersede other conflicting definitions in this title.

(Ord. 7324, § 2, 2018)

Landscaping shall be provided as specified in this Section.

A.

Residential projects. Each residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.

1.

New single-family projects.

a.

A final landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

b.

The landscape plan shall contain the specimen or common names of plants, sizes, locations on the site, and the number of each variety being used.

c.

The landscape plan shall include the front and any corner side setback areas.

d.

All landscape planting areas shall be provided with a permanent underground irrigation system.

2.

Multi-family projects.

a.

For City of Gardens and Urban Housing projects, a preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

b.

For City of Gardens projects, the landscape plan shall comply with the applicable requirements identified in Section 17.22.060 (RM District General Development Standards).

B.

Nonresidential projects. The total area of each nonresidential project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.

1.

A preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.

2.

The landscape plan shall include all uncovered areas.

3.

All landscape planting areas shall be provided with a permanent underground irrigation system.

C.

All setback areas shall be landscaped.

1.

Landscaping of setbacks. All setback and open space areas required by this Zoning Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Section, unless otherwise regulated by an adopted Specific Plan in Article 3 (Specific Plans).

2.

Modification by Design Commission. The Design Commission may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Design Commission finds that the project provides:

a.

For outdoor dining activities, special paving, or other examples of exceptional architectural quality in the project's design;

b.

A higher overall quality of landscape design than would normally be expected for a similar development project; and

c.

A superior landscape maintenance plan.

D.

All unused areas shall be landscaped.

1.

All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Chapter. This requirement does not apply to the side or rear yard of a single-family residence.

The Zoning Administrator shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan.

E.

Parking areas. Parking areas shall be landscaped in compliance with Chapter 17.46 (Parking and Loading).

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7057 § 13, 2006)

Landscape areas and materials for commercial, industrial, hillside, and multi-family projects shall be designed, installed, and properly maintained in compliance with the following. This Section shall not apply to the RS and RM-12 zoning districts.

A.

General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

1.

Integral part of project design. Landscaping shall be planned as an integral part of the overall project design and not simply be located in excess space after parking areas and structures have been planned.

2.

Consideration for access. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

3.

Minimum width. Landscaped areas shall not be less than five feet in width.

4.

Concrete curb. For nonresidential projects, landscaping adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch high and six-inch wide concrete curb or other suitable type of barrier as approved by the Zoning Administrator.

B.

Plant materials. Plant materials shall be selected and installed to comply with the following requirements:

1.

Mix of materials. An appropriate mix of plant sizes and materials shall be provided.

2.

Drought tolerant species. Plant materials shall emphasize drought-tolerant and/or native species.

3.

Tree requirements. Trees shall be planted in areas of public view. The clustering of trees is encouraged.

a.

Size at planting. Mature specimen trees (e.g., 24-, 36-, and 48-inch box) shall be provided to ensure variety and emphasis at main focal areas.

b.

Staking. All trees shall be staked or guyed (on a case-by-case basis) subject to the approval of the Zoning Administrator.

4.

Performance standards. The trees and shrubs shall be carefully selected and properly planted and maintained so that they:

a.

Do not interfere with service lines and traffic safety sight areas;

b.

Protect the basic rights of adjacent property owners, particularly the right to solar access; and

c.

Prevent physical damage to the adjoining public improvements.

5.

Ground cover. Ground cover shall be of live plant material. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover.

6.

Accommodating existing trees. The Zoning Administrator may modify the requirements within this Subsection in order to accommodate existing trees located on-site or within the public rights-of-way.

C.

Standards for the City of Gardens. For projects utilizing multi-family residential development standards in compliance with Section 17.22.060 (RM District General Development Standards).

1.

Preferred ground covers. Preferred ground covers in the main garden and the front setback areas are ones that can be walked on and that utilize water-conserving plant materials.

2.

Design of landscaped areas.

a.

Landscaped areas and plant replacement shall be ordered and formal rather than random and scattered.

b.

Trees and shrubs shall be massed in groups creating containment of the garden space.

3.

Turf standards.

a.

Turf shall be limited to a maximum of 20 percent of the total landscaped area.

b.

Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five feet in width, sidewalk strips, slopes, etc.)

c.

The main garden is the appropriate location for turf.

d.

Low-water usage turf or warm-season turf is recommended.

e.

Flowering ornamentals that are not drought tolerant shall be included in the calculations for the turf area limitations.

4.

Water elements. The incorporation of fountains, pools, and other water elements into the main garden is encouraged as are other decorative elements (e.g., tile and iron work). Water elements shall be designed to conserve water.

5.

Planting of trees in front setback.

a.

Substantial trees (24-inch box or larger) are strongly encouraged in front setback areas of 2,000 square feet or more.

b.

In cases where the front setback is located over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided.

c.

The minimum tree size at planting shall be 15 gallons.

D.

Standards for Urban Housing. For projects using the Urban Housing standards of in compliance with Section 17.50.350 (Urban Housing).

1.

Landscaping shall be a combination of trees, shrubs, groundcover and turf.

2.

All areas not devoted to building coverage, walkways, or driveways shall be landscaped.

E.

Commercial and industrial zoning districts.

1.

Landscaping of setback areas. At least 50 percent of each front and/or corner side setback area shall be landscaped in compliance with this Chapter.

2.

Preliminary landscape plan required. A preliminary landscape plan, prepared in compliance with Section 17.44.030, above, for all required setback areas shall be submitted to the Zoning Administrator for approval before the issuance of the required Building Permit.

3.

Requirements may be modified. The landscaping requirements of this Subparagraph may be modified by the Design Commission in compliance with Subparagraph 17.44.060 C.2. (Modification by Design Commission), above.

F.

Additional standards for development projects within the HD overlay district.

1.

Landscape plan required. Each project that requires a Building Permit or land use permit shall also require the approval of a landscape plan by the Zoning Administrator and the Fire Chief.

a.

Plan content. The plan shall include all information required by the Department, shall be designed to ensure slope stability, fire safety and design quality, and shall also include a tree removal and retention plan with the following information.

(1)

Identification of the extent of vegetation removal required for site preparation and development; and

(2)

The location and species of individual trees of four-inch caliper or more. Maximum effort should be exercised to retain existing trees in place. All trees identified on the City's Protected Tree Inventory shall be shown.

b.

Tree removal and replacement. For each native tree or shrub larger than four-inch caliper that is removed, a 15-gallon replacement tree shall be planted on the site. For trees in excess of eight-inch caliper, the replacement tree shall be 24inch box or larger, or a combination of sizes to be approved by the Zoning Administrator. The use of native oaks is encouraged. In addition to these requirements, all requirements of the City's Tree Protection Ordinance and Chapter 17.44 (Landscaping) shall be met.

c.

Waiver of plan. The Zoning Administrator may waive the landscape plan requirement for additions and remodeling where no or only minor alterations to the existing landscape or topography are proposed.

d.

Effect of approved plan. All landscaping shall be planted and maintained in compliance with the approved plan and Chapter 17.44 (Landscaping).

2.

Plant materials and location. Landscaping shall emphasize the use and management of native plants. Care should be taken in plant selection and maintenance to avoid plants of high flammability either due to their intrinsic quality or the cumulative effect of dense planting near structures.

a.

All landscaping shall be of low-fuel volume plant material. The plant selection shall also emphasize the use of droughttolerant species consistent with the safety requirement and approved by the Fire Chief.

b.

All native groundcover and shrub materials to be planted within 30 feet of all structures shall be low-profile evergreen plants.

c.

Trees and nonnative evergreen shrubs shall not be located within 10 feet of chimneys and should not otherwise present unusual fire hazards. The use of invasive plant species shall be discouraged. The plant palette for landscaping the perimeter of a site shall blend as much as possible with the natural plant palette consistent with safety requirements. A list of suggested plant materials shall be kept on file by the Zoning Administrator and shall be available for inspection by the public.

d.

Landscaping shall be designed to screen the view of downslope building elevations. The landscape plan for the residential dwelling shall specifically consider the downslope elevation and demonstrate that portions of elevations below the bottommost floor are screened from view. Downslope elevations visible from any adjacent property or public right-of-way shall be landscaped with a selection of shrubs and trees that screen the downslope portion from view to the satisfaction of the Zoning Administrator and in compliance with Chapter 17.44 (Landscaping).

e.

Trees shall be planted so that existing views from surrounding properties are preserved.

G.

Statement of surety. When required by the Zoning Administrator for the issuance of a temporary Certificate of Occupancy, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City.

A.

Maintenance required.

Where a landscape plan is required, all installed landscaping shall be permanently maintained in compliance with this Section.

2.

Once installed, no landscaping shall be removed unless it is replaced with landscaping of a similar design, character, and coverage at maturity.

3.

Once installed, no landscaping shall be allowed to die; replacement shall occur in a timely manner.

B.

Maintenance defined. Maintenance shall consist of regular fertilizing, clearing of debris and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf.

A.

Maximum effort to retain trees. Where healthy trees exist on a site, maximum effort shall be given for their retention.

B.

Compliance with Chapter 8.52. All existing trees shall be protected during construction in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

C.

Minimum retention requirements. To ensure that the tree retention is successful, the following requirements shall be met:

1.

All grading around existing trees shall be done by hand.

2.

Cutting through woody roots shall not be allowed.

3.

All foundations shall step over major roots.

4.

No difference in grade shall be allowed at the base of the trees.

D.

Modification of development standards. The review authority or Director, if there is no other review authority, may modify the development standards or accept alternative solutions to assist in the preservation of trees protected in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) or street trees. Modifications may include a reduction to garden requirements, guest parking requirements, location of driveways and building height limits. The review authority may approve the modification of up to two development standards after first finding that:

1.

The applicant investigated alternative site designs and building footprints using existing developments standards;

2.

The trees to be preserved are in good health and condition (taking into account species and longevity as determined by a certified arborist;

3.

The project includes a well integrated and thoughtful design solution that enhances the property and its surroundings;

4.

The project is not injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public; and

5.

The project is consistent with the objectives and policies of the applicable Design Guidelines and the Citywide Design Principles in the General Plan.

(Ord. 7184 § 14, 2010)

A.

Street tree requirement. Street trees are required whenever new structures are constructed on vacant lots within the City. The selected street trees shall be of the species required by the City's Street Tree Plan.

B.

Location requirements. Street trees shall be located in compliance with the requirements of the Department of Public Works.

C.

Street tree retention or removal.

1.

Removal of street trees. Street trees shall not be removed without first obtaining permission from the Department of Public Works.

2.

Reshaping of driveway preferable. The reshaping of driveways to avoid or accommodate street trees is preferable.

3.

Consistent with prevailing street pattern. When removal is absolutely necessary, trees shall be replaced in a manner consistent with the prevailing pattern on the street, as determined by the Department of Public Works.

D.

Requirements for new developments.

One 24-inch box tree required. Any new development shall be required to provide a minimum of one 24-inch box tree planted in the parkway, or in the sidewalk area where there is no parkway, at the same spacing as existing trees or at 20foot intervals if there are no existing trees, unless the City's Street Tree Plan specifies a different spacing requirement. The actual number of trees shall be determined by the Director of Public Works.

2.

Tree species. The tree species shall be the same as the most prevalent tree type on the block unless the City's Street Tree Plan specifies a different species.

3.

Removal of healthy mature trees prohibited. Mature healthy street trees shall not be removed unless the removal is ordered by the Director of Public Works in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

(Ord. 7184 § 15, 2010)

Chapter 17.46 - Parking and Loading

In addition to the general purposes listed in Chapter 17.10 (Enactment and Applicability of Zoning Code), the purpose of the off-street parking and loading regulations are to:

A.

Progressively alleviate or prevent traffic congestion and shortages of curbside parking spaces;

B.

Ensure that adequate off-street parking and loading facilities are provided for new land uses in proportion to the need for the facilities created by each use and in compliance with any applicable design guidelines;

C.

Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites;

D.

Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts; and

E.

In multi-family projects subject to Section 17.22.080 (RM District Garden Requirements) to:

1.

Minimize the visibility of parking from streets and dwellings and give prominence to main gardens within projects;

Minimize and conceal negative aspects (e.g., large areas of paving, long unembellished walls, and visibility of ventilation grilles and garage doors); and

3.

Encourage easy access from the parking lot, through the main garden, to the individual dwelling units.

A.

Applicability. Every use, including a change or expansion of a use or structure, shall have appropriately maintained offstreet parking and loading spaces or areas in compliance with the regulations identified in this Chapter, or as regulated by an adopted specific plan in Article 3 (Specific Plans). A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed. Where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

B.

Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked, and properly maintained for parking or loading purposes for the use they are intended to serve.

C.

Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be maintained free of dust, graffiti, and litter; and striping, paving, walls, light standards, and all other facilities shall be maintained in good condition.

D.

Vehicles for sale. Vehicles or trailers shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle or trailer for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location, and the vendor has obtained all of the appropriate land use approvals.

E.

When required. At the time of initial occupancy of a site, construction of a new structure, enlargement of a site or structure, a change to a use classification that requires a greater parking requirement, off-street parking facilities shall be provided in compliance with this Chapter.

F.

Nonconforming parking or loading. An existing use of land shall not be deemed to be a nonconforming use simply because of the lack of off-street parking or loading facilities required by this Chapter. However, a structure with nonconforming parking that increases the number of parking or loading spaces shall not thereafter reduce that number of spaces unless the number of spaces after the reduction complies with the minimum requirements of this Chapter.

G.

Spaces required for enlargement.

1.

The number of off-street parking or loading spaces required for an enlargement of an existing use or structure shall be in addition to the number of spaces existing before the enlargement unless the preexisting number is greater than or equal

to the number required by this Chapter, in which case the number of spaces in excess of the identified minimum shall be counted in determining the required number of spaces.

2.

The required number of parking spaces for that portion of a structure existing before the enlargement shall not be increased as a result of the enlargement unless a new use with a greater parking ratio than the previous use is proposed.

H.

Spaces required for multiple uses. If more than one use is located on a site, including multiple uses under single ownership, the number of off-street parking and loading spaces to be provided shall be equal to the sum of the requirements identified for each individual use, unless shared parking arrangements are approved by the Zoning Administrator in compliance with Section 17.46.050 (Shared Parking), below.

I.

Location and ownership.

1.

Parking location for residential uses within residential zoning districts. Except as otherwise provided in this Chapter, all off-street parking in residential zoning districts required to serve a residential use shall be located on the same site as the use served but shall not be located within a required front or corner side setback, except as allowed by this Chapter (e.g., subterranean parking).

2.

Parking location for residential uses within commercial and mixed-use zoning districts.

a.

New residential or mixed-use development projects.

(1)

At least one space for each unit shall be located on-site so that tenants can park near their unit.

(2)

All other required parking spaces may be located off-site if the location is in compliance with the distance requirements identified in Table 4-4 (Maximum Distances for Off-Site Parking) below for customer/visitor spaces, and there is a longterm parking lease agreement in compliance with Subparagraphs 4., 5., and 6., below.

b.

Converted residential or mixed-use development projects. All required parking spaces may be located off-site if the location is in compliance with the distance requirements identified in Table 4-4 (Maximum Distances for Off-Site Parking), below, for customer/visitor spaces, and there is a long-term parking lease agreement in compliance with Subparagraphs 4., 5., and 6., below.

3.

Parking for nonresidential uses. In any zoning district, parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served, provided the parking shall be within the

maximum distances identified in Table 4-4 (Maximum Distances for Off-Site Parking) of the use served measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route.

4.

Lease agreement required. Required nonresidential parking may be located off-site from the use which it serves, subject to the approval of the Zoning Administrator of a lease agreement providing that the off-site parking shall be available when the use commences and continuing so long as the use is in effect.

5.

Notification of pending termination of lease required. The lease shall contain a provision requiring that the Zoning Administrator be notified in writing at least 30 days before termination of the lease.

6.

Recorded lease required. A Certificate of Occupancy for the use shall not be issued until the lease has been recorded with the County Recorder and a copy filed with the Zoning Administrator.

7.

Recorded covenant required. When the off-site parking is provided on a lot that is not contiguous with the lot where the use is located, and both are owned by the same entity, a covenant shall be recorded that ties the lot providing the parking to the lot where the use requiring the parking is located.

8.

Customer/visitor parking. Customer/visitor parking as a percentage of total parking spaces shall be in compliance with Table 4-5.

J.

Small residential additions exempt from two-car covered parking requirement. Small additions with a maximum aggregate total of 500 square feet, including the construction of an accessory structure (e.g., a pool house or workshop) may be made to existing residences without requiring the two-car covered parking requirement of Section 17.46.040 (Number of Off-Street Parking and Loading Spaces Required) below.

1.

Notwithstanding the requirements of Section 17.46.040, if the addition exceeds 500 square feet and is equal to or less than 1,200 square feet:

a.

A minimum of two parking spaces shall be provided on-site.

b.

Parking may be provided in the form of covered spaces (e.g., carport or garage), uncovered spaces, or a combination thereof.

c.

Any covered parking that is constructed shall comply with the requirements of this Chapter and Section 17.50.250 (Residential Uses - Accessory Uses and Structures)

d.

A paved area that is constructed for uncovered parking shall have direct access from a public right-of-way, alley or access easement and may be located within setback areas.

e.

Uncovered parking spaces may be located on an existing driveway.

f.

Uncovered parking spaces may be configured as tandem spaces provided compliance with the minimum dimensions of this Section.

g.

Each uncovered parking space shall provide a minimum dimension of 8.5 feet wide by 18 feet deep.

h.

Uncovered parking spaces shall not encroach in the public right-of-way.

2.

Any addition to an existing residence, including the construction of an accessory structure (e.g., a pool house or workshop) with a maximum aggregate total exceeding 1,200 square feet shall require the construction of a two-car covered parking structure (e.g., carport or garage).

3.

Any addition to an existing residence, including the construction of an accessory structure (e.g., a pool house or workshop), with a maximum aggregate total exceeding 150 square feet, located within a Hillside Overlay Zone, shall require the construction of a two-car covered parking structure.

K.

Location requirements for multi-family projects. A project that is subject to the multi-family development standards of Section 17.22.060 (RM District General Development Standards) or 17.50.350 (Urban Housing) shall comply with the following parking location standards.

1.

Parking at grade. Parking at grade shall be located in the rear 40 percent of the site.

a.

Through the Design Review process, at grade parking may be located beyond the rear 40 percent of the site but shall not be located within the front yard setback.

b.

If the project contains affordable housing in conjunction with a density bonus in compliance with Chapter 17.43 (Density Bonus), then approval shall be through the Concessions and Other Incentives process (17.43.050).

c.

On double frontage lots, no parking shall be located in the front 30 percent of the site along each street frontage.

d.

On corner lots, the narrowest street frontage shall be used in determining the rear 40 percent of the site. In no case shall surface parking or parking with dwelling unit over be located in any required front or side setback.

e.

The parking area shall not be visible from the main garden, and it shall be screened from the street or at grade from an adjacent lot by building walls, or freestanding walls, or landscaped elements at least six feet in height.

2.

Tuck under parking. Tuck under parking is unenclosed parking located below the unit where parking is accessed from an open parking drive, at grade or below. Tuck under parking shall be restricted to the rear 40 percent of the site and openings to the parking spaces shall not be visible from the street or from an adjacent property.

3.

Detached dwelling units. A detached single-family dwelling unit located in the front 60 percent of the site may incorporate parking; provided, the:

a.

Parking is provided within the building envelope and not in a separate structure.

b.

Parking is limited to two spaces and is for the exclusive use of the residents of the dwelling and not for residents of other portions of the project.

c.

Parking is fully enclosed and screened by opaque garage doors.

d.

Garage doors do not face the street.

e.

Widening or branching of the main drive to accommodate maneuvering shall be screened from the street by building volume.

4.

Podium parking. Podium parking shall be located in the rear 40 percent of the site. Ventilation openings and grilles shall be concealed and shall not be visible from the main garden, from the street, or from the entrances to the units in compliance with Section 17.46.190 (Garage Door and Grille Standards for Projects Utilizing Multi-Family Development Standards), below.

5.

Partial subterranean parking.

a.

Partially subterranean parking shall be located within the site boundary and shall provide a minimum setback of five feet in the side and rear property lines, and may extend up to the front property line.

b.

At the front, side, and rear yard setbacks, the parking structure may extend an additional five feet, provided it is configured so that the additional portions meet the same criteria as for fully subterranean parking.

c.

Planting and tree wells shall be provided as specified by the planting and paving standards in Chapter 17.44 (Landscaping).

d.

Ventilation openings and grilles shall be concealed and shall not be visible from the street.

6.

Subterranean parking.

a.

Fully subterranean parking shall be located within the site boundary and may extend to all property lines.

b.

A fully subterranean structure not covered by building volume shall be covered by soil with a minimum depth of two feet, recreating the natural grade before construction.

c.

Planting and tree wells shall be provided as specified by the planting and paving standards in Chapter 17.44 (Landscaping).

d.

Ventilation openings and grilles shall be concealed and shall not be visible from the street.

L.

Shopping cart storage. Parking facilities for commercial uses shall contain shopping cart storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number, dimensions, and locations of storage areas shall be determined by the Zoning Administrator.

M.

Valet parking. A Minor Conditional Use Permit, granted in compliance with Section 17.61.050, shall be required to allow valet parking.

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7377, § 1, 2021; Ord. 7099 § 28 (part), 2007; Ord. 7056 § 4, 2006; Ord. 7038 § 11, 2006 (a, b), 2006)

A.

Areas of applicability. This Section shall apply to areas of the City for which the Council has established a zoning credit parking program, including the Old Pasadena Parking Development Fund (Map 1) and the South Lake Parking Credit Program (Map 2).

B.

Written contract requirements. Notwithstanding any other provision of this Chapter or Chapter 17.30 (Central District Specific Plan), zoning credit parking spaces ("zoning credits") must be provided by means of contracts with the City or the Parking Authority in compliance with this Section. A contract meeting the following requirements shall be deemed to be in compliance with the parking requirements of Table 4-6 (Off-Street Parking Space Requirements).

1.

Zoning credits. The designated number of parking spaces available for zoning credit purposes shall also be available for public parking. The contract may provide that the owner of the parking facility in which the zoning credits are located is free to retain any revenue from parking fees or to utilize the spaces for any purpose.

2.

Nontransferable provisions. The entitlement to use the zoning credits is conferred on a specified property in order to satisfy the parking requirements for a specified use. The zoning credits shall not satisfy the parking requirements for any other land use and shall not be transferred to any other property.

3.

Reversion of spaces. Any and all rights to use the zoning credits which are not used within three years of the execution date of the contract shall not, unless the period is extended by the City or Parking Authority, as appropriate, be conferred on the specified property and shall automatically revert to the City or Parking Authority, as appropriate.

4.

Allowable refunds. The contract may allow for refunds of zoning credit fees upon the occurrence of conditions to be specified in the contract.

C.

Future or planned parking facilities.

1.

Future parking facilities. In the case of parking spaces that are to be developed, owned, or operated by the City or Parking Authority, the granting of zoning credits may be accomplished by indicating that the contract applies to a certain number of spaces which the City or Parking Authority intends to locate in a parking facility to be built in the future and for which financing has been obtained.

2.

Spaces in planned public parking facilities. Zoning credits for parking may be granted in planned public parking facilities to be owned or operated by the City or Parking Authority for which financing has not been obtained, provided the applicant demonstrates an alternative means for meeting the parking requirements identified in this Chapter if financing is not obtained.

D.

Maximum number of zoning credit spaces.

1.

Number of zoning credit spaces. In no case shall the total number of zoning credits designated in a parking facility exceed the actual number of spaces in the parking facility.

2.

On-street parking spaces. On-street parking spaces may be granted as zoning credits in the area identified as the S. Lake Ave. Parking Credit District Boundary Map. The number of on-street parking spaces used as zoning credits shall be established by resolution.

E.

Distance requirement. A contract meeting the above requirements shall be deemed to be in compliance with the distance requirements identified in Table 4-4 (Maximum Distances for Off-Site Parking).

Map 1: Old Pasadena Parking Development Fund

==> picture [311 x 369] intentionally omitted <==

Map 2: South Lake Parking Credit Program

==> picture [161 x 321] intentionally omitted <==

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7225, § 2, 9-24-2012, eff. 10-24-2012)

17.46.040 - Number of Off-Street Parking Spaces Required

A.

Table 4-6. Off-street parking spaces shall be provided in compliance with Table 4-6 (Off-Street Parking Space Requirements), below. Projects in Specific Plan areas shall provide parking spaces in compliance with the respective plan.

B.

Minimum standards. The parking requirements of Table 4-6 are expressed as minimum standards. The required numbers shall be met and not exceeded, unless otherwise allowed in full compliance with this Chapter. Projects located within 1/4 mile of a light-rail station or within the Central District Transit-Oriented Area (Figure 1) shall comply with the parking requirements and maximums of Section 17.50.340 (Transit-Oriented Development)

C.

Residential uses — no limit on additional parking. For residential uses, there is no limit on the maximum additional parking provided. Projects located within 1/4 mile of a light-rail station or within the Central District Transit-Oriented Area (Figure 1) shall comply with the provisions of Section 17.50.340 (Transit-Oriented Development).

D.

Nonresidential uses — additional parking allowed. Additional parking spaces above the minimum requirement are allowed for nonresidential uses or the nonresidential portions of mixed-use projects only in the following manner:

The project is not located within 1/4 of a light-rail station or within the Central District Transit-Oriented Area (Figure 1).

2.

Additional spaces up to a maximum of 50 percent above the required minimum/maximum are allowed as a matter of right, without any discretionary review by the City.

3.

Additional spaces above 50 percent of the required minimum/maximum are allowed only upon the approval of a Variance in compliance with Section 17.61.080.

E.

Gross floor area. References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, circulation area, and storage areas.

F.

Uses not listed.

1.

Land uses not specifically listed in Table 4-6 (Off-Street Parking Space Requirements), below, shall provide parking as required by the Zoning Administrator.

2.

The Zoning Administrator shall use the requirements of Table 4-6 as a guide in determining the minimum number of offstreet parking spaces to be provided.

G.

Rounding in calculations. If a fractional number is obtained in calculations performed in compliance with this Section, one parking space shall be required for a fractional unit of 0.50 or above, and no space shall be required for a fractional unit of less than 0.50.

(Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7418, § 4, 2-26-2024; Ord. No. 7414, § 5, 9-11-2023; Ord. 7300 § 13 (Exh. 12), 2017; Ord. 7235 § 5 (Exh. 3), 2013; Ord. 7135 § 7, 2008; Ord. 7123 § 3, 2007; Ord. 7056 § 5 (Exh. 2), 2006; Ord. 7038 § 12, 2006)

A.

Requirements for sharing spaces. For any site where the hours of operation allow the shared use of parking spaces to occur without conflict, the number of parking spaces required may be reduced in compliance with this Section.

1.

Administrative Minor Conditional Use Permit required. An Administrative Minor Conditional Use Permit, in compliance with Section 17.61.050, shall be required for the sharing of parking and/or loading spaces. The Administrative Minor Conditional Use Permit shall apply to each and every property subject to the shared parking and/or loading arrangement.

2.

Allowable walking distances for shared parking. The Zoning Administrator shall ensure that the shared parking arrangement provides that all of the required number of parking spaces are within 2000 feet of the use served, measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route. A shuttle service shall be provided if the off-street parking is more than 2000 feet from the use served.

3.

Contract required.

a.

The Administrative Minor Conditional Use Permit shall contain a condition requiring that the applicant submit a signed contract between the applicant and the other property owner(s) providing the off-street parking spaces subject to the long-term shared parking arrangement.

b.

The contract shall be subject to the approval of the Zoning Administrator.

c.

The contract shall also be subject to approval by the City Attorney, as to form.

4.

Parking study. The Zoning Administrator may require the applicant to submit a parking study, prepared by a person/firm experienced in preparing parking plans, to assist the Zoning Administrator in determining the appropriate shared parking reduction. The parking analysis must include a peer-reviewed methodology developed by a professional planning association, such as the Urban Land Institute, National Parking Association, and/or the International Council of Shopping Centers.

5.

Location of shared parking spaces. Shared parking spaces shall only be located in a zoning district in which the uses that are the subject of the Administrative Minor Conditional Use Permit application are an allowed use.

6.

Shared loading spaces. Loading spaces may also be shared in compliance with this Section. However, the loading spaces shall only be shared if located on an adjoining lot.

B.

Findings. In addition to the Administrative Minor Conditional Use Permit findings identified in Section 17.61.050, the following findings shall be made:

1.

The spaces to be provided would be available as long as the uses requiring the spaces lawfully exist; and

2.

The quality and efficiency of the parking or loading utilization would equal or exceed the level that is otherwise required.

(Ord. No. 7443, § 2, 3-3-2025)

Participation in a Public Parking Assessment District may be used to comply with the provisions of this Chapter to the extent of a use's allotted share of the parking spaces in the district.

A.

Allowed reduction. A Minor Conditional Use Permit, in compliance with Section 17.61.050, may be approved to allow the reduction in the number of spaces to not less than 0.50 space per dwelling unit, provided that additional findings are made for each of the following:

1.

The extent of the parking problem in the neighborhood.

2.

The probability that the prospective residents will have an average 0.50 vehicles per dwelling unit.

3.

Prospective residents will be over 55 years of age.

4.

Future, unexpected parking problems resulting from the proposed development can be corrected.

5.

Alternate transportation is available for the residents of the development or public transportation is close by.

B.

Covenant required.

1.

Covenant to be recorded. The granting of a Minor Conditional Use Permit authorized by this Section shall be conditioned upon the owner of the property recording a covenant, approved as to form by the City Attorney.

2.

Covenant to run with the land. The covenant shall run with the land for the benefit of the City.

3.

Ensure that no change in use occurs. The covenant shall ensure that no change in the use of the property, as described in the Minor Conditional Use Permit application, shall occur unless parking is provided which will meet the requirements of all applicable laws in effect at the time the use is changed.

A.

Where allowed. Tandem parking may be allowed for:

1.

Multi-family projects and residential component of mixed-use projects. Multi-family projects (except for projects constructed under the RM-12 zoning district standards) and the residential component of mixed-use projects.

2.

Day-care centers and homes. Day-care centers and large family day-care homes to satisfy off-site parking requirements.

3.

Other nonresidential uses.

a.

Tandem parking. Up to 75 percent of the total off-street parking spaces provided may incorporate tandem parking, but only upon the approval of an Administrative Minor Conditional Use Permit in compliance with Section 17.61.050. The Administrative Minor Conditional Use Permit shall contain a condition requiring that a full-time parking attendant be on duty at all times the parking facility is available for use.

b.

Triple stack parking. Up to 50 percent of the total off-street parking spaces provided may incorporate "triple stack" parking, but only upon the approval of an Administrative Minor Conditional Use Permit in compliance with Section 17.61.050, and only for projects with more than 100 parking spaces. The Administrative Minor Conditional Use Permit shall contain a condition requiring that a full-time parking attendant be on duty at all times the parking facility is available for use.

B.

Additional conditions for multi-family and mixed-use projects. For multi-family projects and the residential component of mixed-use projects, the following conditions shall be met for tandem spaces:

1.

Assigned to same unit. Both tandem spaces shall be assigned to the same dwelling unit.

2.

Up to 30 percent. Up to 30 percent of the total off-street parking spaces provided may incorporate tandem parking.

C.

Dimensions. Two parking spaces in tandem shall have a combined minimum dimension of nine feet in width by 34 feet in length and three in tandem shall be at least nine feet in width by 51 feet in length.

1.

Modification of dimensions. The minimum dimensions of proposed tandem parking may be modified with approval of a Minor Conditional Use Permit in compliance with Section 17.61.050.

(Ord. No. 7443, § 2, 3-3-2025; Ord. No. 7435, § 17, 10-28-2024; Ord. 7160 § 31, 2009)

Compact parking spaces shall not be allowed anywhere in the City.

Parking areas shall include parking spaces accessible to the disabled in the following manner:

A.

Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the requirements of State law (California Administrative Code [Title 24, Part 2, Chapters 2(71] and California Vehicle Code [Section 22507.8]).

B.

Reservation of spaces required. Disabled access spaces required by this Section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use.

C.

Fulfilling of requirements. Disabled accessible parking spaces required by this Section shall count toward fulfilling offstreet parking requirements.

D.

Modifications. For a project with existing parking, the Zoning Administrator may modify the number of parking spaces in an existing parking by reducing the number of parking spaces to accommodate handicapped parking.

(Ord. 7160 § 32, 2009)

Required parking spaces shall comply with the minimum dimensions identified in Table 4-7 (Off-Street Parking Space Dimensions) below.

A.

Relation to aisles.

1.

If contiguous to an obstruction. An additional width of one foot shall be provided for each parking space the length of which is contiguous to a fence, structure, wall, or other obstruction. Except if columns are set back away from the aisles, the one-foot additional width required by this Subsection may be lessened three inches for each foot the columns are set back from the aisles.

If located at end of aisle. At the end of an aisle providing access to a parking space perpendicular to the aisle, the aisle shall extend two feet beyond the side of the last parking space in the aisle.

B.

Minimum vertical clearances required.

1.

All parking spaces. Vertical clearance for all parking spaces, including entrances, shall be a minimum of seven feet in height.

2.

Residential spaces. Vertical clearance for the front four feet of a parking space serving a residential use may be reduced to not less than four feet, six inches feet in height.

3.

Handicapped spaces. Vertical clearance for access to and including handicapped spaces, shall be a minimum of eight feet, two inches in height.

C.

Striping. Parking spaces shall be double-striped. See Figure 4-12.

==> picture [290 x 345] intentionally omitted <==

Figure 4-12 - Parking space striping

17.46.130 - Aisle Dimensions

A.

Aisle width in unobstructed parking areas. Aisle width in an unobstructed parking area shall comply with the requirements in Table 4-8 (Aisle Dimensions).

B.

Aisle width adjoining garage doors. Aisle width adjoining a garage door shall comply with the requirements in Table 4-9 (Minimum Garage Door Widths). For the purposes of this Section, garage-door width shall be defined as the clear opening between structural elements.

C.

Aisle widths and planter areas. Aisle widths do not include required planter areas. All spaces shall have wheel stops three feet from a fence, wall, or required landscaped area. Raised curbs of planter areas not less than six feet deep may be used as wheel stops, provided the cars can overhang the planter area without disturbing the plant materials. Any aisle less than 18 feet wide shall be restricted to one-way traffic.

(Ord. 7009 § 20, 2005)

A.

No backing across property lines. Access to parking spaces, other than four or fewer spaces serving a residential use, shall not require backing across a property line abutting a street.

B.

Alley may be used as maneuvering space. An alley may be used as maneuvering space for access to off-street parking.

C.

Accessibility of spaces. All spaces in a parking facility shall be accessible without reentering a public right-of-way.

D.

Driveway approaches required. Driveway approaches for all developments shall be required as determined by the Department of Public Works.

E.

Subject to the approval of the Directors of Public Works and Transportation. All driveway access to a public street or alley is subject to the approval of the Director of Public Works and the Director of Transportation.

(Ord. 7160 § 33, 2009)

The width of each driveway shall comply with the minimum requirements of this Section and also provide a minimum of one foot of additional clearance on each side of the driveway to a vertical obstruction exceeding one-half foot in height.

A.

Residential uses.

1.

Minimum driveway width. The minimum width of a driveway serving a residential use, other than in a project utilizing the multi-family development standards of Section 17.22.060 (RM District General Development Standards), shall comply with Table 4-10 (Minimum Driveway Width - Residential Uses).

2.

Maximum driveway width. The maximum width for a driveway serving a residential use in the RS and RM-12 zoning districts shall be as identified in Table 4-11 (Maximum Driveway Width - Residential Uses), below.

3.

Number of driveways. The maximum number of driveways serving a single-family use shall be one. This maximum number may be increased to two for approved circular driveways.

B.

Nonresidential uses. A driveway serving a nonresidential use (including a mixed-use project) shall comply with the following requirements.

C.

Multi-family uses. Serving a multi-family use in projects utilizing multi-family development standards of Section 17.22.060 (RM District General Development Standards).

1.

Driveways shall have the following widths at a minimum plus at least one-half foot additional clearance on any side where they pass a vertical obstruction exceeding curb height.

2.

Driveway approaches shall be at least 12 feet wide at the curb and shall taper to driveway width at the front property line.

D.

Circular driveways. Circular driveways shall be approved by the Zoning Administrator and shall be subject to the following standards:

1.

Allowed only in the RS and RM-12 districts.

2.

Only lots with a street frontage of 90 feet or more are eligible for circular driveways.

3.

On lots with more than one street frontage, the circular driveway may only be located on the street frontage which is 90 feet or greater.

4.

The circular driveway shall not have a width greater than 15 feet.

5.

The minimum distance between driveways on the same lot shall be 20 feet.

6.

The Department of Public Works and the Department of Transportation shall review and approve the proposed curb cuts, the distance between the curb cuts, and the potential traffic impacts that could result from the installation of the circular driveway.

7.

The circular driveway shall be set back a minimum of 25 feet measured perpendicular from the property line to the farthest distance of the inside edge of the circular driveway.

(Ord. 7169 § 16, 2009; Ord. 7160 § 34, 2009; Ord. 7038, § 13, 2006; Ord. 7009 § 19, 2005)

For projects utilizing the multi-family development standards of Section 17.22.060 (RM District General Development Standards), the following driveway configuration standards shall apply:

A.

Backing out not allowed. Driveway configurations which require backing in from or out onto the street are not allowed. All vehicles shall be able to turn around within the site boundaries.

B.

Driveway widths. On sites with 80 feet or more of street frontage, the width of a single driveway shall remain constant for no more than 100 feet from the front property line. The driveway then shall either widen to accommodate two-way traffic, or a turnout of at least 30 feet long and ten feet wide shall be provided.

C.

Driveway screening. A driveway adjacent to a main garden shall be screened subject to the approval of the Zoning Administrator.

D.

Use of driveway on adjacent lot. A new project may use the driveway on an adjacent lot, provided the following requirements are met:

1.

Directly adjacent. The driveway is directly adjacent to a shared property line;

2.

An easement is obtained. An easement for the use of the driveway is obtained; and

3.

Adequate in width. The driveway width is adequate for the additional number of vehicles to be served.

(Ord. 7038, §§ 14, 15, 2006)

Each driveway for a nonresidential use shall comply with the following requirements.

A.

View corridor. A view corridor shall adjoin both sides of a driveway crossing a street property line. The view corridor shall be a minimum depth of five feet at the edge of the driveway and a width measured on both sides of the driveway of 50 feet, or the distance to the intercepting property line, whichever is less.

B.

Visibility. The view corridor shall not be blocked between a height of 2.5 feet and seven feet.

C.

Landscaping. At least 50 percent of the view corridor shall be landscaped. The landscaping shall meet the visibility requirement identified in Subsection B., above.

D.

Modifications by Directors of Public Works and Transportation. The Director of Public Works and the Director of Transportation may modify the requirements of this Section.

(Ord. 7160 § 35, 2009)

For projects utilizing the multi-family development standards of Section 17.22.060 (RM District General Development Standards), the following driveway location standards shall apply:

A.

Separation of driveways. In general, driveways shall be located as far apart as possible.

B.

Less than 80 feet of street frontage. On sites with less than 80 feet of street frontage, a single driveway shall be located on either side of the site. The maximum distance between the outside edge of the driveway and the property line shall be

five feet.

C.

More than 80 and less than 140 feet of street frontage. On sites with more than 80 feet, but less than 140 feet, of street frontage:

1.

Single driveway allowed.

a.

Where the number of parking spaces allows a single driveway, it shall be located on either side of the site.

b.

The maximum distance between the outside edge of the driveway and the closest side property line shall be five feet.

2.

Hollywood driveway. A single drive may be centrally located; provided that it is a "Hollywood" driveway and the main garden requirements are accommodated. The Hollywood drive may bisect the main garden, but under no circumstances shall the area occupied by the Hollywood drive be included in the garden space calculations.

3.

Two driveways required. Where the number of parking spaces requires two driveways, they shall be located so that one is placed on each side of the site. The maximum distance from the outside edge of the driveway and the nearest property line shall be five feet. On corner lots and in projects which require more than 26 parking spaces and that cannot accommodate more than one driveway, one 12-foot wide driveway at one side of the site may replace the requirement for the two driveways.

D.

140 feet or more of street frontage. On sites with 140 feet or more of street frontage:

1.

Single driveway allowed. Where the number of parking spaces allows a single driveway, it shall meet the requirements for driveways identified in Subsections 17.46.190 A. (Opaque garage doors required) and B. (Partially open garage doors allowed), below.

2.

Two driveways required. Where the number of parking spaces requires two driveways, they shall be located so that their inside edges are at least 120 feet apart.

E.

Ramp leading to subterranean parking. When a driveway is a ramp leading to partially or fully subterranean parking, the maximum distance between the outside edge of the driveway and the side property line shall be five feet.

(Ord. 7184 § 16, 2010; Ord. 7038, § 16 (a—d), 2006)

17.46.190 - Garage Door and Grille Standards for Multi-Family Projects

For projects utilizing the multi-family development standards of Section 17.22.060 (RM District General Development Standards), the following garage door and grille standards shall apply.

A.

Opaque garage doors required. Garage doors shall be opaque when permitted to be visible from the street or main garden, adjacent property or main garden.

B.

Partially open garage doors allowed. Garage doors may be partially open when completely concealed from the street and located in a subterranean structure.

C.

Garage door openings. Garage door openings shall be no more than 20 feet in width.

D.

Ventilation grills.

1.

Over four square feet. Grilles over four square feet in area shall not be visible from the street or main garden.

2.

Four square feet or less. Grilles four square feet or less which are at least five feet above finished grade may be visible from the street or main garden.

3.

Contribute to quality and character. All grilles shall contribute to the architectural quality and character of the structure.

(Ord. 7038, § 17, 2006)

For projects utilizing the multi-family development standards of Section 17.22.060 (RM District [City of Gardens] General Development Standards), the following driveway encroachment standards shall apply. The following building elements may project into the driveway area as noted, provided they do not conflict with the setback requirements of Section 17.22.060, and further provided there is at least 10 feet of clearance beneath them.

A.

Up to and including one-half the driveway width. Building elements projecting up to one-half the driveway width (e.g., bay windows or balconies.)

B.

More than one-half driveway width. Building elements projecting more than one-half the driveway width, with the following conditions:

1.

Opaque elements. When the elements are opaque (e.g., habitable rooms) they are limited to 30 feet in length.

Partially open elements. When the elements are partially open (e.g., trellises), they may extend for the entire length of the driveway, except where they extend into the front yard setback.

A.

Parking areas serving a residential use. A carport for five or more vehicles serving a residential use shall be screened from an adjoining lot with a residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front setback in a residential zoning district shall not exceed four feet.

B.

Parking areas serving a nonresidential use. A parking area for five or more vehicles serving a nonresidential use shall be screened from an adjoining residential zoning district or a ground floor residential use by a solid concrete or masonry wall six feet in height, except that the height of a wall adjoining a required front setback in a residential zoning district shall not exceed four feet.

17.46.220 - Outdoor Parking Area Lighting

A.

Maximum of 18 feet in height. Outdoor parking area lighting shall not exceed 18 feet in height, unless specifically approved by the Design Commission or other applicable review authority, and except when located within City parks.

B.

Confinement of emitted light. In general, the lighting fixtures used shall be designed to confine emitted light to the parking area, and the light source shall not be visible from outside of the area.

C.

Exception by Design Commission. Where important architectural considerations indicate the desirability of fixtures which expose the light source to view from beyond the parking area, the fixtures and lighting layout shall be specifically approved by the Design Commission or other applicable review authority.

D.

Maximum illumination allowed.

1.

Lots within residential zoning districts. Maximum average illumination at ground level shall not exceed one footcandle when the parking lot is located within a residential zoning district.

2.

Lots within nonresidential zoning districts. Maximum average illumination at ground level shall not exceed three footcandles when the parking lot is located within a nonresidential zoning district.

3.

Lots within City parks. Parking lots located within City parks shall be exempt from this requirement.

E.

Parking structure lighting. No light source within a parking structure in a residential or R-PK zoning district shall be visible from a public right-of-way adjoining a residential zoning district.

A.

Perimeter landscaped area required.

1.

Five-foot wide perimeter. All parking lots shall have a minimum five-foot wide perimeter landscaped area. For lots with more than 150 feet of street frontage, the minimum landscaped area shall be 10 feet in width.

2.

Modification by Zoning Administrator. The Zoning Administrator may modify the five-foot minimum perimeter landscape requirement to accommodate parking lots with less than 60 feet in width. This modification could allow the perimeter to be less than five feet in specified areas, while adding an equivalent amount of landscaping elsewhere in the subject parking lot.

B.

Minimum amount of landscaped area required.

1.

The landscaped areas identified in Table 4-14 (Minimum Landscape Area Required), below, shall be distributed throughout the parking lot in compliance with the applicable provisions of this Section.

2.

The minimum amount of landscaped area required in Subsection B.1, above, shall be over and above the perimeter landscaping required by Subsection A. (Perimeter landscaped area required) above.

3.

An existing nonresidential development proposing an increase in gross floor area of at least 25 percent shall comply with the minimum landscaped area requirements for the entire (both existing and required/proposed) parking lot area in compliance with Subsection B.1, above. This requirement may be modified by the Zoning Administrator.

C.

Planting of trees within parking lots required. At least one tree for every four vehicle parking spaces required/provided shall be planted and evenly distributed throughout the parking lot. Clustering of trees may be required by the Zoning Administrator or Design Review Authority in order to create a desired landscape character.

D.

Shading required. Parking lots shall include trees intended to provide shade. The selected trees shall be from an approved list provided by the Department. The trees shall be provided so that the shade canopies will be achieved within a minimum of 10 years after planting. All trees within the parking area shall be a minimum of 15-gallon size at planting. However, larger trees (e.g., 24-, 36-, and 48-inch box) may be required by the Zoning Administrator.

E.

Landscape materials. Landscaping materials shall be provided throughout the parking lot area using an appropriate combination of trees, shrubs, and ground cover. Drought-tolerant landscape materials shall be emphasized in compliance with Chapter 17.44 (Landscaping).

F.

Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked vehicles. This should be achieved through proper orientation of the landscaped fingers and islands.

G.

Planters required.

1.

Trees shall be in planters located throughout the parking area.

2.

In order to be considered within the parking area, trees shall be located in planters that are bounded on at least three sides by parking area paving.

3.

Planters shall have a minimum interior dimension of five feet and be of sufficient size to accommodate tree growth.

4.

All ends of parking lanes shall have landscaped islands. This requirement may be modified by the Zoning Administrator.

H.

Curbing, irrigation. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide and provided with an automatic irrigation system installed and maintained in compliance with Chapter 17.44 (Landscaping). Alternative barrier designs may be approved by the Zoning Administrator.

I.

Bumper overhang areas. To increase the parking lot landscaped area, a maximum of three feet of the parking stall depth may be landscaped with low-growth, hardy materials in lieu of paving, allowing a three-foot bumper overhang while maintaining the required parking dimensions. Utilization of the bumper overhang concept shall not allow a vehicle to extend into or over a pedestrian walkway or vehicle access driveway. The additional landscaped area is considered part of the parking space and shall not be counted towards satisfying parking lot landscaping requirements identified in Subsection B. above.

J.

Larger projects. Parking lots with more than 100 spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees (e.g., 24-, 36-, and 48-inch box), flowering plants, enhanced paving, and project identification.

K.

Reference to Chapter 17.44 (Landscaping). All parking lot landscaped areas shall be planted, irrigated, and properly maintained in compliance with Chapter 17.44 (Landscaping).

(Ord. 7057 § 16, 2006)

17.46.240 - Parking Structure Yards and Landscaping

A.

Minimum landscaped area required. A parking structure located within a commercial or industrial zoning district having at-grade parking adjoining a street shall have a minimum five-foot wide landscaped area adjoining the street property line(s), unless the parking structure contains ground floor commercial uses adjoining the street property line(s).

B.

Upper levels over landscaping. Upper parking levels may be built over the area required for landscaping, provided the recessed area shall have a minimum vertical clearance of nine feet.

Editor's note— Ord. No. 7419, § 4, adopted February 26, 2024, amended the Code by repealing former § 17.46.250 in its entirety. Former § 17.46.250 pertained to Central District Additional Standards for Parking, and derived from Ord. 7099 § 28, 2007; Ord. 7160, § 36, 2009; and Ord. 7361, § 2(Exh. 1), 2020.

17.46.260 - Number, Location, and Design of Off-Street Loading Spaces

A.

Number of loading spaces required. Off-street loading spaces shall be required in compliance with Table 4-15 (Loading Space Requirements), for new construction. Changes of use shall not require new off-street loading spaces.

B.

Loading standards. The loading requirements of Table 4-15 are expressed as minimum standards. The maximum number of required loading spaces is two for office uses and four for all other uses.

C.

Rounding in calculations. If a fractional number is obtained in calculations performed in compliance with this Section, one loading space shall be required for a fractional unit of 0.50 or above, and no space shall be required for a fractional unit of less than 0.50.

D.

Amounts are not cumulative. The square foot amounts specified in Table 4-15 above are not cumulative. For example, if an existing office use of 20,000 square feet adds 10,000 square feet, the loading space requirement would be based on 10,000 square feet.

E.

Loading space sizes. The minimum dimensions of a loading space shall be 10 feet by 20 feet, with 12 feet of vertical clearance.

F.

Minimum turning radius. The minimum turning radius shall be 25 feet.

G.

Not within setbacks. Loading spaces or areas shall not be located in required setbacks.

H.

Located on-site. Required loading spaces shall be on the site of the use or on an adjoining site.

I.

Common loading facilities.

1.

The off-street loading facility requirements of this Chapter may be satisfied by the permanent allocation of the identified number of spaces for each use in a common truck loading facility serving several uses under different ownership.

2.

The total number of spaces shall not be less than the sum of the individual requirements.

3.

An attested copy of a contract between the parties concerned containing an agreement to the joint use of the common truck loading facility shall be filed with the Zoning Administrator.

J.

Adequate ingress and egress. All loading spaces shall have adequate ingress and egress as approved by the Director of Transportation, and shall be designed and maintained so that the maneuvering, loading, or unloading of vehicles does

not interfere with the orderly movement of traffic and pedestrians on any street.

K.

Screening of loading spaces. Except in the CG and IG zoning districts, any loading spaces or areas visible from a street shall be screened on three sides by a fence, hedge, or wall a minimum of six feet in height.

L.

No parking in public rights-of-way. New loading spaces shall be designed and maintained so that vehicles do not park in a public right-of-way.

M.

No backing onto public street. All loading spaces shall be designed and maintained so that vehicles do not back in from, or onto, a public street.

N.

Exceptions to Subsection M., above. The Director of Transportation may allow an exception to the prohibition identified in Subsection M. above, only if the Director of Transportation first finds:

1.

The dimensions of the site do not provide for an adequate on-site turnaround area;

2.

Access/egress for the loading space is onto a minor street of low traffic volume, and is located at least 100 feet from any intersection; and

3.

The end of the loading space nearest to the street is located at least 40 feet from the curb on the opposite side of the street.

O.

Loading spaces.

1.

Located at rear of structure. Loading bays and roll-up doors shall be painted to blend with the exterior structure wall(s) and generally located at the rear of the structure.

2.

Concealment and screening required. Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, and illumination impacts on neighboring residences. These areas shall be concealed from view by the public and adjoining land uses. Concealment and screening may be accomplished by use of any of the following, subject to the approval of the Zoning Administrator:

a.

Design the structures to enclose the outdoor loading and unloading service areas thereby providing for their concealment;

b.

Construct perimeter six- to eight-foot high walls to be architecturally coordinated with the primary structures and on-site landscaping; or

c.

Screen the loading and unloading areas with dense vegetative hedges, combined with the decorative six- to eight-foot high walls.

3.

May be located at side if screened from public view. When it is not possible or desirable to locate the loading facilities at the rear of the structures, the loading facilities shall be located on the side of the structures and shall be screened from the public street rights-of-way by a suitable combination of walls and landscaped berms, subject to the approval of the Zoning Administrator.

4.

Vehicles shall not extend beyond property line(s). The loading facilities shall be designed and placed on the site so that vehicles, whether rear loading or side loading may be loaded or unloaded at any loading area without the vehicles extending beyond the property line(s).

5.

If located in close proximity to residences. Special orientation or design treatment of the loading spaces located in close proximity to neighboring residences shall be required in order to reduce the associated light and acoustical impacts to less-than-significant levels, subject to the approval of the Zoning Administrator.

P.

Loading ramp profile required. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.

Q.

Striping. Loading spaces shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

(Ord. No. 7435, § 17, 10-28-2024; Ord. No. 7160, § 37, 2009)

A.

Profile required. All parking plans involving ramps shall be accompanied by a profile showing the ramp, ramp transitions, and overhead and adjacent wall clearances.

B.

Length of ramp defined. The length of a ramp is defined as that portion of the ramp from the beginning of the transition at one end of the ramp to the end of the transition at the opposite end of the ramp.

C.

Maximum grade for ramps 65 feet or less in length. For ramps 65 feet or less in length, the ramp grade shall not exceed 16 percent, with the first and last 10 feet of the ramp not exceeding eight percent.

D.

Maximum grade for ramps longer than 65 feet. For ramps longer than 65 feet, the ramp grade shall not exceed 12 percent, with the first and last eight feet of the ramp not exceeding six percent.

E.

Maximum parking area slope. The slope of all parking areas shall not exceed five percent, excluding ramps.

F.

Standards for ramps within multi-family developments. Ramps within multi-family projects utilizing development standards of Section 17.22.060 (RM District General Development Standards) shall comply with the following:

1.

Maximum grade for ramps. The maximum grade of ramps shall be 16 percent. Any deviation shall first be approved by the City Traffic Engineer.

2.

Minimum width of ramps. The width of ramps shall conform to the requirements for the widths of driveways identified in Section 17.46.150 (Driveway Design, Widths, and Clearances), above.

G.

Exceptions. The Director of Transportation may modify the ramp grade requirements.

For projects utilizing the multi-family development standards of Section 17.22.060 (RM District General Development Standards), the following driveway paving standards shall apply:

A.

Paving required. Parking areas, driveways, and paths accessing parking shall be paved in compliance with the guidelines issued by the Department of Public Works.

B.

Maximum parking area slope. The slope of all parking areas, excluding ramps, shall not exceed five percent.

17.46.290 - Trip Reduction Requirements for Residential and Nonresidential Projects

A.

Purpose. The purpose of the trip reduction requirements is to reduce the demand for vehicle commute trips by ensuring that the design of major residential and nonresidential development projects accommodates facilities for alternative modes of transportation.

B.

Projects exceeding 25,000 square feet of gross floor area. Nonresidential development projects, and the nonresidential portion of mixed-use development projects, which exceed 25,000 square feet of gross floor area, as a result of new construction or an expansion of an existing use, shall provide the following:

Carpool and vanpool parking. A minimum of 10 percent of the employee parking spaces shall be for, and designate as, preferential parking for carpool and vanpool vehicles. The parking area shall be in a location more convenient to the place of employment than parking spaces for single occupant vehicles, and shall be located as close as possible to the employee entrance.

2.

Bicycle parking. Bicycle parking shall be provided on site in compliance with Section 17.46.320 (Bicycle Parking Standards).

3.

Trip reduction plan. A transportation plan for smaller projects, or a Transportation Demand Management Program ("TDM") Plan, shall be submitted which complies with Chapter 10.64 of the Municipal Code (Transportation Management Program).

C.

Projects exceeding 75,000 square feet of gross floor area. Nonresidential development projects, and the nonresidential portion of mixed-use development projects, which exceed 75,000 square feet of gross floor area, as a result of new construction or an expansion of an existing use, shall meet the requirements of Subsection B., immediately above, in addition to the following:

1.

Carpool and vanpool loading area. A passenger loading area for carpool and vanpool vehicles shall be provided on site. At a minimum, the area shall be of sufficient size to accommodate the number of waiting vehicles equivalent to 10 percent of the required number of carpool and vanpool spaces.

2.

Connecting sidewalks. Designated pedestrian sidewalks or paths shall be provided on the development site between the external pedestrian system and each structure in the development.

3.

Bus stop improvements. Bus stop improvements, including bus pads, bus pullouts, and right-of-way for bus shelters may be required as mitigation measures if a proposed development would have substantial traffic impacts.

D.

Residential projects. Multi-family projects with 100 units or more, or mixed use projects with 50 units or more, shall submit a TDM Program Plan as required by Chapter 10.64 of the Municipal Code (Transportation Management Program).

(Ord. 7157 §§ 3 - 7, 2008)

A.

Paving required.

1.

Nonresidential. All parking areas, circulation aisles, and accessways shall be paved with Portland cement concrete or asphalt.

2.

Residential. All parking areas, circulation aisles, and accessways shall be paved with Portland cement concrete, asphalt, brick, concrete pavers, gravel, cobblestone, grasscrete, or decomposed granite. "Hollywood Driveways," as defined in Chapter 17.80, are permitted.

B.

Optional paving materials. Other paving materials may be substituted with the approval of the Zoning Administrator, and in compliance with the City's adopted standards for privately owned and maintained parking areas.

(Ord. No. 7435, § 17, 10-28-2024)

Editor's note— Ord. No. 7435, § 17, adopted October 28, 2024, amended the Code by repealing former § 17.46.310, which pertained to electric recharge stations, and derived from the original zoning ordinance.

A.

Applicability. Bicycle parking facilities shall be provided for any new structure or an addition to any existing structure, that exceeds 15,000 square feet in gross floor area.

B.

Bicycle spaces required. Bicycle parking facilities shall be provided in compliance with Table 4-16 (Minimum Number of Bicycle Spaces Required), below, with fractional requirements for bicycle parking over 0.5 to be rounded up.

C.

Type of bicycle parking required. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bicycle rack classifications listed in Subsection D., below. Fractional amounts of the type of parking facilities may be shifted as desired.

D.

Classification of facilities.

1.

Class 1 bicycle facility. Includes any of the following:

a.

A fully enclosed lockable space accessible only to the owner/operator of the bicycle;

b.

Attendant parking with a check-in system in which bicycles are accessible only to the attendant; or

c.

A locked room or office inside a structure designated for the sole purpose of securing the bicycles.

2.

Class 2 bicycle facility. A rack, stand, or other device constructed to enable the user to secure the bicycle by locking the frame and one wheel of each bicycle.

a.

The racks shall:

(1)

Be easily usable with both U-locks and cable locks; and

(2)

Support the bicycles in a stable upright position so that a bicycle, if bumped, will not fall or roll down.

b.

Racks that support a bicycle primarily by a wheel (e.g., standard "wire racks") are damaging to the wheels and are not allowed.

E.

Location and design of bicycle facilities.

Bicycle parking facilities shall:

a.

Be located in close proximity to the structure's entrance and clustered in lots not to exceed sixteen spaces in each lot;

b.

Support bicycles in a stable position without damage to the frame, wheels, or other components;

c.

Be located in highly visible, well-lighted areas to minimize theft and vandalism;

d.

Be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft and vandalism;

e.

Not impede pedestrian or vehicular circulation, and should be harmonious with their environment. The facilities shall be incorporated, whenever possible, into the structure's design or street furniture; and

f.

Be separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area. The physical barrier can be curbs, poles, wheel stops, or other similar features.

2.

Bicycle racks shall not be placed too close to a wall or other obstruction so as to make use difficult. There shall be sufficient space (at least twenty-four inches) besides each parked bicycle to allow easy access. Adjacent bicycles may share this access.

3.

Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities.

4.

The bicycle parking facilities within a vehicle parking garage shall be located in close view of a parking attendant if the facility has a bicycle attendant.

F.

Modified by Zoning Administrator. Where the provision of bicycle parking is physically not feasible, the requirements of this Section may be modified by the Zoning Administrator.

(Ord. 7169 § 17, 2009)

Chapter 17.48 - Signs

This Chapter provides standards for signs to safeguard life, health, property, safety, and public welfare, while encouraging compatibility, creativity, variety, and enhancement of the City's visual image. The specific purposes of sign regulation are to:

A.

Provide each sign user an opportunity for effective identification by regulating the time, place, and manner under which signs may be displayed;

B.

Enable users of goods and services to identify establishments offering services to meet their needs;

C.

Ensure freedom of expression for all sign uses by maintaining a content-neutral approach to sign regulation;

D.

Regulate the number and size of signs according to standards consistent with the purpose of each zoning district;

E.

Protect residential districts adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of signs nearby;

F.

Encourage creative, well-designed signs that contribute in a positive way to the City's visual environment, and help maintain an image of quality for the City;

G.

Ensure that signs are responsive to the aesthetics and character of their particular location (adjacent buildings and surrounding neighborhood) and that are compatible and integrated with the building's architectural design, including historic building elements, and with other signs on the property; and

H.

Ensure the quality of the City's appearance by avoiding clutter and by subjecting certain signs to the Design Review process.

17.48.020 - Applicability

A.

Signs allowed. The sign standards in this Chapter are intended to apply to all types of signs in each zoning district in the City. Only signs authorized by this Chapter shall be allowed.

B.

New zoning district. If a new zoning district is created after the enactment of this Chapter, no signs shall be allowed until this Chapter is amended to govern the new zoning district.

C.

Design guidelines. The Sign Design Guidelines shall be used during the Design Review process (Section 17.61.030) to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the City.

D.

Exceptions. Exceptions to the standards of this Chapter may be allowed through the approval of a Sign Exception in compliance with Section 17.48.050 (Sign Exceptions).

E.

Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 17.48.140 (Nonconforming Signs).

A.

Building Permit required. To ensure compliance with the regulations of this Chapter, a Building Permit shall be required in order to alter, apply, erect, move, or reconstruct a permanent sign, except signs or routine maintenance that are exempt from the regulations of this Chapter in compliance with 17.48.040 (Exempt Signs and Maintenance) below.

B.

Approval authority. The Department shall have the authority to ministerially approve Building Permits for signs in conjunction with the Building Official.

C.

Design review. Nonexempt signs on the site of a project subject to Design Review shall be reviewed by the Director or Design Commission in the same manner as other project components in compliance with Section 17.61.030 (Design Review).

The following signs and their manufacture are exempt from other requirements of this Chapter if developed and maintained in compliance with the provisions/limitations of this Section. All signs shall be maintained in compliance with Section 17.48.100.E.1. All routine, general maintenance and repair of signs shall be exempt from Building Permit approval.

A.

Accessory signs. Signs manufactured as a standard integral part of a mass-produced product accessory to a commercial or public or semi-public use, including automated teller machines, gasoline pumps, and telephone booths. The signs may contain the company's name and/or logo only. No advertising message shall be provided.

B.

Affiliation signs. Signs that provide notices of services (e.g., credit cards accepted, trade affiliations, etc.). Signs or notices shall not exceed one square foot in area for each sign, and no more than three signs shall be allowed for each business.

C.

Decorative flags and banners. Flags and banners of a purely decorative nature that do not contain any commercial or noncommercial messages. Limited to a total of four per use with a maximum size of 32 square feet each.

D.

Names of buildings. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like, when carved into concrete, stone, or similar material or made of aluminum, bronze, or other permanent type of material and made an integral part of the structure. Signs shall be wall mounted only, shall not exceed six feet in height, and shall not be illuminated.

E.

Official signs. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer (e.g., danger signs, public notices, safety signs, traffic and directional signs, trespassing signs, etc.).

F.

Signs within buildings. Signs within a building five feet or more from a window.

G.

Signs within interior spaces. Signs within an interior arcade, courtyard, mall, or similar area and not visible or intended to be visible from an alley, parking lot, or street.

H.

Site address. Limited to two for each street address. Individual numbers and letters shall have a minimum height of four inches and width of two inches and shall not exceed a height of eight inches for residential uses and 24 inches for nonresidential uses.

I.

Window signs. Signs consisting of individual lettering not exceeding four inches in height with a total sign area of two square feet per window.

J.

Incidental residential signs. Signs in residential zoning districts that are no more than one square foot in area (e.g., beware of dog, keep off grass, private property, etc.) No more than four of these signs shall be allowed.

(Ord. 7074 § 2, 2006)

A.

Purpose. Sign Exceptions are a form of a Variance from the sign regulations of this Chapter.

B.

Procedures.

1.

The Hearing Officer shall be the applicable review authority for Sign Exceptions.

2.

The procedures for a Sign Exception shall be the same as for a Minor Variance, including those for notice and hearing upon request.

C.

Findings and decision. The applicable review authority shall record the decision in writing with the findings on which the decision is based. Following a public hearing, if required, the review authority may approve a Sign Exception application, with or without conditions, only after first finding that:

1.

The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the established neighborhood and general environment;

2.

Granting the application is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and the purposes of this Zoning Code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and

3.

Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare.

(Ord. 7099 § 29, 2007)

A.

Purpose. A Master Sign Plan is intended to integrate project signs into the architectural design of the site, thereby creating an architectural statement of high quality. A Master Sign Plan provides a flexible means of applying and modifying the sign regulations in this Chapter to ensure high quality in the design and display of multiple permanent signs for a project or use and to encourage creativity and excellence in the design of signs. It is expected that the design quality of signs proposed under a Master Sign Plan will be of a superior quality and creativity to those that might result through the normal sign permit process. The provisions of a Master Sign Plan shall not include temporary banners.

B.

Applicability. The approval of a Master Sign Plan shall be required whenever any of the following circumstances exist:

1.

Whenever six or more separate nonresidential tenant spaces are created on the same parcel;

2.

Whenever six or more permanent non-exempt signs are proposed for a single use; and

3.

Whenever the Director determines that a Master Sign Plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.) or when unique, creatively designed signs are being proposed and certain aspects of the sign's design (e.g., animation) might not otherwise be allowed.

C.

Approval authority. A Master Sign Plan shall be approved by the Director before the issuance of a Building Permit. In approving a Master Sign Plan, the Director shall find that the plan's contribution to the design quality of the site and the surrounding area will be superior to the quality that would result under the regulations of this Chapter.

D.

Modification of regulations. A Master Sign Plan may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in this Chapter. Allowed modifications may relate to sign area, number of signs, height, and location. Less restrictive provisions in a Master Sign Plan shall not include signs that are otherwise prohibited by this Chapter. The applicant may appeal a decision of the Director to the Design Commission.

E.

Application requirements. A Master Sign Plan shall include all information and materials required by the Department, and the filing fee in compliance with the Council's Fee Resolution.

F.

Findings. In order to approve a Master Sign Plan, the following findings shall first be made:

1.

The Master Sign Plan complies with the purpose of this Chapter, including the Sign Design Guidelines;

2.

Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;

3.

The Master Sign Plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and

4.

The Master Sign Plan complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Master Sign Plan will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this Chapter.

G.

Revisions to Master Sign Plans.

1.

Revisions to Master Sign Plans may be approved by the Director if the intent of the original approval is not affected.

2.

Revisions that would substantially deviate from the original approval shall require the approval of a new Master Sign Plan.

A.

Purpose. This Section establishes standards and procedures for the review and approval of Creative Sign Permits. The purposes of the Creative Sign Permit are to:

1.

Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

2.

Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs.

B.

Applicability. An applicant may request approval of a Creative Sign Permit in order to allow standards that differ from the provisions of this Chapter but comply with the purpose and findings of this Section.

C.

Application requirements. A Creative Sign Permit application shall include all information and materials required by the Department and the filing fee in compliance with the Council's Fee Resolution.

D.

Approval authority. An application for a Creative Sign Permit shall be subject to review and approval by the Director.

E.

Findings. In approving an application for a Creative Sign Permit, the Director shall ensure that the proposed sign meets the following design criteria.

1.

Design quality. The sign shall:

a.

Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

b.

Be of unique design, and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

c.

Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.

2.

Contextual criteria. The sign shall contain at least one of the following elements:

a.

Classic historic design style;

b.

Creative image reflecting current or historic character of the City; or

c.

Inventive representation of the logo, name, or use of the structure or business.

3.

Architectural criteria. The sign shall:

a.

Utilize or enhance the architectural elements of the building; and

b.

Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.

4.

Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

Tables 4-18 through 4-21 (Sign Standards by Zoning District) prescribe regulations applying to signs within each base zoning district. Section numbers in the last column reference additional regulations located elsewhere in this Chapter.

A.

Signs allowed in the RS, RM, OS, and PS, zoning district.

B.

Signs allowed in the CO zoning district.

standards for RS and RM Districts of Subsection A., above.

(1) A sign on an awning valance shall be exempt from the maximum number requirements if the sign meets the requirements of 17.48.110.A.

C.

Signs allowed in the CD zoning district.

D.

Signs allowed in the CL, CG, CF, IG, MU zoning districts, and other commercial, industrial, and mixed-use zoning districts in other Specific Plans.

(1) The aggregate total of business identification signs is two. Business identification signs include wall, projecting, and awning signs. All other signs (i.e., building identification, window, directory, and temporary signs) are not included in this restriction.

(2) Wall signs shall be allowed for second-story occupancies with exterior entrances.

(3) A sign on an awning valance shall be exempt from the maximum number requirements if the sign meets the requirements of 17.48.110.A.

(Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7160 § 39 , 2009; Ord. 7099 § 29, (Exh. 22), 2007; Ord. 7074 § 3 (Att. 1), 2006; Ord. 7009 § 21, 2005)

A.

Change or vacation of business. When the name of a business location changes or upon vacating a business location, the business or property owner shall remove the sign copy that advertised the previous business. At no time shall a sign cabinet remain empty and without a copy panel so that the internal lighting and electrical fixtures are exposed. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque copy panel (face) shall be installed in the sign cabinet structure.

B.

Frontage allocation not transferable. No sign or sign area allowed on one frontage shall be transferred to another frontage.

C.

Historic signs. A sign designated as a Category 1 historic resource (Section 17.52.110) shall be exempt from the requirements of this Chapter as to height, illumination, location, movement, and sign area and may be maintained as legally conforming signs subject to the following conditions.

1.

All parts of the exempted historic sign including neon tubes, incandescent lights and shields, and sign faces shall be maintained in a functioning condition as historically intended for the sign to the greatest degree possible.

2.

Parts of historic signs originally designed to flash or move may be allowed to continue to flash or move. There shall be no alterations to the historic pattern, speed, or direction of flashing or moving elements.

3.

The wording or image of a historic sign may be altered only if the alterations do not substantially change the historic dimensions, height, scale, style, or type of materials of the historic sign.

4.

Failure to maintain a historic sign as required above shall be grounds for disallowing an exemption from the requirements of this Chapter. The sign shall thereafter be brought into compliance with the requirements of this Chapter subject to a determination by the Director.

5.

Full reconstruction of a historic sign shall require approval of the Historic Preservation Commission or, in the CD zoning district, the Design Commission.

D.

Illumination of signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:

1.

External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2.

Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlighted signs shall not exceed 250 footlamberts.

3.

Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within 100 feet of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless they identify an establishment open for business during those hours.

4.

Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver of this requirement provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

5.

Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.

6.

The use of neon signs and lighting is regulated by Section 17.48.110.D (Neon signs and architectural lighting).

7.

Awnings with back-lit text or graphics are not allowed.

8.

For residential districts the lighting shall not exceed one foot candle.

E.

Maintenance, alteration, and removal.

1.

All signs and sign structures including those otherwise specifically exempt from the provisions of this Chapter, including all parts, portions, and materials, shall be maintained in good repair, and structurally sound. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the City. Noncompliance with the notification shall constitute a public nuisance.

Existing signs shall not be physically altered (except for routine general maintenance and repair), moved, or relocated unless the sign complies with all provisions of this Chapter. Legal, nonconforming signs shall comply with the requirements of Section 17.48.140.

3.

When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

F.

Measurement of sign height. The height of a sign shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the lowest elevation of the existing grade immediately below and adjoining the sign. See Figures 4-13 and 4-14.

Figure 4-13 - Sign height

==> picture [140 x 140] intentionally omitted <==

==> picture [140 x 140] intentionally omitted <==

G.

Measurement of sign area.

1.

The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, corporate banding, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. See Figure 4-15.

==> picture [247 x 205] intentionally omitted <==

Figure 4-15 - Sign area measurement

2.

Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3.

Double-faced signs with back-to-back sign faces shall be regarded as a single face sign if the distance between each sign face does not exceed two feet at any point.

4.

Where a sign contains three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like objects), the sign area shall be measured as the maximum projection of the objects upon a single vertical plane.

==> picture [322 x 226] intentionally omitted <==

Figure 4-16 - Types of signs

(Ord. 7160 § 40, 2009; Ord. 7074 § 4, 2006)

17.48.110 - Standards for Specific Types of Permanent Signs

A.

Awning signs.

1.

Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning.

2.

Lettering shall be located within the middle 70 percent of the valance area.

Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.

4.

Awning signs shall only be allowed for first and second story occupancies.

5.

Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6.

Awnings shall be regularly cleaned and kept free of dust and visible defects.

B.

Changeable copy signs.

1.

Changeable copy signs may be allowed in conjunction with facilities used exclusively for the presentation of cultural, religious, and theatrical activities, and similar group assembly uses including schools.

2.

Changeable copy signs shall be included in the allowed maximum sign area for a use.

C.

Freestanding signs.

1.

Freestanding signs include monument and pylon signs and shall be allowed only for frontages adjoining a public street. See figures 4-17 and 4-18.

Figure 4-17 - Pylon sign

==> picture [140 x 140] intentionally omitted <==

==> picture [140 x 140] intentionally omitted <==

2.

Freestanding signs shall be set back a minimum of five feet from a street property line, a minimum of five feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. This requirement shall not apply within the Central District.

There shall be a minimum of 250 feet between freestanding signs on the same site or 30 feet between signs on adjoining sites to ensure adequate visibility for all signs.

4.

For corner lots, freestanding signs shall not be located in the required 25-foot vision triangle. On a case-by-case basis, this requirement may be waived by the Director of Transportation. See Figure 4-19.

==> picture [365 x 121] intentionally omitted <==

Figure 4-19 - Location of freestanding signs

5.

Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property.

6.

Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area in a parking facility.

7.

No more than six tenants are allowed for each freestanding sign.

8.

The supporting structure of a freestanding sign shall not include exposed metal pole(s), but should be surrounded by a decorative pole cover architecturally compatible with the sign cabinet.

9.

Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. Landscaping is not required in the CD zoning district.

10.

Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area.

D.

Neon signs and architectural lighting. The use of neon tubes for signs or architectural elements shall be allowed in commercial zoning districts only subject to the following requirements.

1.

Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon.

2.

The neon manufacturer shall be registered with Underwriters Laboratories.

3.

Neon tubing shall not exceed one half inch in diameter.

4.

Neon lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line.

5.

Neon tubing shall not be combined with any reflective materials (e.g., highly glazed tiles, mirrors, polished metal, or other similar materials.

6.

When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of cornices, ledges, or parapets.

7.

Neon signs placed within five feet of a storefront window shall not occupy more than 25 percent of the window area.

8.

Neon lighting that completely surrounds a door, window, or similar element is not allowed.

E.

Projecting signs.

1.

Projecting signs shall not be less than eight feet above the surface over which they project in pedestrian areas. Signs shall not project more than five feet into a public right-of-way and shall not project closer than two feet to a curb.

2.

Projecting signs shall not project into an alley more than three feet and shall not be less than 14 feet above the alley surface where vehicles are allowed.

3.

Projecting signs may have a maximum thickness of 18 inches.

4.

Internally illuminated projecting signs shall have opaque face panels so that only the letters, logos, numbers, or symbols appear illuminated.

5.

Projecting signs shall not be closer than 15 feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages. The Zoning Administrator may waive this requirement in the CD zoning district where it can be clearly demonstrated that it severely limits proper sign placement.

6.

Projecting signs shall not project above an apparent eave or parapet, including the eave of a simulated hipped or mansard roof.

7.

Projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.

8.

Projecting signs may be mounted flush to a building wall if they do not damage or obscure architectural details or historic materials. In cases where a projecting sign may impact architectural details, historic materials, or similar elements, the sign shall be set away from the building wall so as not to affect the features.

9.

A two-dimensional fabric banner suspended perpendicular to a wall may be displayed in lieu of a projecting sign, provided the banner shall meet all of the height, size, and projection requirements for a projecting sign.

==> picture [151 x 147] intentionally omitted <==

Figure 4-20 - Sign on projection

F.

Signs on architectural projections at street level. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature located not more than 15 feet above street level. See Figure 4- 20.

1.

Signs may be erected on top of an architectural projection, provided the sign is comprised of dimensional letters only that do not exceed 24 inches in height. Such signs may be illuminated.

2.

Signs may be attached to the face of an architectural projection, provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the

letters do not exceed a height of 24 inches. No internal illumination is allowed.

3.

The maximum sign area for signs mounted or architectural projections shall be the same for other business identification signs identified in Tables 4-18 through 4-21 (Sign Standards by Zoning District), above.

4.

Signs may be placed below and may be supported by an architectural projection, provided the sign shall not exceed six feet in length and 16 inches in height. Internally illuminated signs shall be allowed. No exposed tubing or incandescent lamps are allowed. Signs shall not be less than eight feet above the sidewalk and shall be placed perpendicular to the face of the building.

G.

Signs on multi-frontage lots or buildings. Signs on buildings with more than one street frontage, or that face onto a driveway alley, parking area, or internal pedestrian arcade/courtyard/plaza shall be subject to the following requirements.

1.

Signs shall not be placed on a building facade that does not have frontage on a public street or alley; or on a driveway, parking area, or internal pedestrian arcade/courtyard/ plaza that is directly associated with and under the control of the subject property.

2.

The allowable number and area of signs shall be computed for each separate primary or secondary building frontage. Allowances are not transferable from one street frontage to another.

3.

When a sign is erected on the lot at the intersection of two streets or at the intersection of a primary and secondary building frontages, and the sign is situated at an angle so as to be visible from both streets, the sign shall not exceed the maximum area allowed for the longest of the primary or secondary building frontage. The area of the sign shall be deducted from the total area allowed on the property and the number of signs allowed shall be reduced accordingly.

H.

Wall signs.

1.

Signs shall be located only on a primary or secondary building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located.

2.

Signs shall consist of individual letters only and may be either internally or externally illuminated. Cabinet signs are prohibited for use as wall signs.

3.

Electrical raceways shall be kept as small as possible, shall not extend beyond the outside edges of the sign copy, and shall be painted to match the color of the background on which they are placed.

Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable to allow the creation of an especially creative and unique sign design.

5.

Signs shall be located within the middle 70 percent of the building or occupancy's frontage measured from lease line to lease line. The Zoning Administrator may modify this requirement where it can be clearly demonstrated that it severely limits proper sign placement. See Figure 4.21.

==> picture [269 x 179] intentionally omitted <==

Figure 4-21 Sign location on facade

6.

Signs shall not be placed to obstruct any portion of a window or cover architectural elements (e.g., cornices, transom windows, vertical piers, and similar elements). Exceptions to this requirement may be allowed in the CD zoning district if approved though the Design Review process, in compliance with Section 17.61.030.

7.

Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures, shall require approval of a Sign Exception.

I.

Window signs, permanent and temporary.

1.

Signs shall be allowed only on windows located on the ground floor and second story of a building frontage.

2.

Signs shall be permanently painted or mounted on the inside of doors and windows except for allowed temporary signs.

3.

Signs within three feet of a storefront window shall be counted as a window sign.

Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs.

J.

Miscellaneous signs.

1.

Vehicle dealer, banners, flags, pennants, etc. Banners, flags, pennants, etc., for new or used vehicle dealers may be allowed if approved through a Master Sign Plan. Banners, etc., may be applied for by an association of dealerships or by individual dealers. The banners' locations shall be limited to light poles or other similar devices as specified on a site plan. An inspection schedule of the site shall be required as a condition of approval based upon the longevity of the materials used. The inspection shall be made jointly by the Zoning Enforcement staff and the applicant.

2.

Basement occupancy. A business that occupies a basement space with a direct exterior entrance from a sidewalk or alley shall be allowed one sign. The sign shall be placed near the main entrance. The maximum sign area shall be six square feet. Only external illumination is allowed.

3.

Business directory signs. Businesses that occupy spaces accessed only from an alley, arcade, courtyard, or mall or have similar limited visibility may be allowed up to two directory signs with a maximum area of six square feet each. Only external illumination is allowed. See Figures 4-22 and 4-23.

Figure 4-22 - Freestanding directory sign

==> picture [151 x 216] intentionally omitted <==

==> picture [151 x 216] intentionally omitted <==

4.

Flags and flagpoles (nonresidential districts). The pole height shall not exceed the allowed height of the subject zoning district. A maximum of three flags shall be allowed per development site.

5.

Theater signs. An Expressive Use Permit for a cinema or theater may authorize signs deviating from the standards of this Chapter, subject to review by the Hearing Officer. The Expressive Use Permit may allow brighter lights, marquee signs, and other features not otherwise authorized by this Chapter if the modifications are consistent with the adopted Design Review guidelines.

6.

Service station signs. In addition to all other provisions of this Chapter, the following regulations shall be applicable to service stations.

a.

A Master Sign Plan shall be approved in conjunction with the application for a Building Permit to alter, erect, move, or reconstruct any service station sign.

b.

One freestanding sign, not to exceed 150 square feet in area, and eight feet in height shall be allowed.

c.

The total area of all signs (including canopies) shall not exceed two square feet of sign area for each linear foot of street frontage. Corner lots shall use only one street frontage to determine maximum allowable sign area.

7.

Vending machine signs. Signs on vending machines that contain messages related to the contents or products provided by the machines shall be counted towards the total sign area allowed for a business if the signs are visible from a public right-of-way.

8.

Vehicle-oriented directional signs. Signs solely for the purpose of guiding vehicle traffic, and identifying hazards (e.g., clearance) on private property are covered by this Section. On-premises directional signs are limited to one double-faced sign per entrance. Each sign face shall not exceed three square feet in area and four feet in height. Letters or symbols shall not exceed five inches in height.

(Ord. 7160 § 41, 2009; Ord. 7099 § 30, 2007)

A.

Applicability. The following standards apply to noncommercial signs on residential uses, religious facilities and signs in the PS district.

B.

No permit required. A noncommercial sign shall be exempt from Building Permit review.

C.

Standards for noncommercial signs.

1.

Noncommercial signs shall not exceed a cumulative total of 25 square feet per residential dwelling unit, and no single sign shall exceed 16 square feet.

2.

No sign shall exceed 10 feet in height measured from existing grade and shall not be located above the edge of the roof.

3.

Noncommercial signs shall be setback a minimum setback of 5 feet from the street property line.

4.

Lighting shall meet the requirements of Section 17.48.100.D.8. Noncommercial signs shall be maintained in conformance with Section 17.48.100.E.1.

(Ord. 7160 § 42, 2009; Ord. 7074 § 5, 2006)

A.

Temporary Sign Permit required. A Temporary Sign Permit, issued by the Department, shall be approved before the placement of a promotional temporary sign in CO, CD, CL, CG, and IG zoning districts as indicated in Table 4-22 (Temporary Signs), below. The Zoning Administrator may approve a Temporary Sign Permit on an annual basis, which allows the applicant to tailor the duration and the number of days of the permit to meet the particular needs of the business as long as the total number of days in a calendar year does not exceed 90 days.

B.

Number and size allowed. Temporary signs are allowed in addition to permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than 25 percent of any window.

C.

Standards for temporary signs. Table 4-22 provides standards under which temporary signs may be displayed. The sign areas allowed are in addition to the sign areas allowed for permanent signs.

D.

Placement of signs.

1.

Signs are allowed on private property only. Signs shall not be placed in public rights-of-way or at off-site locations.

2.

Signs may be placed only in locations where permanent signs are allowed.

3.

Signs shall not be attached to temporary structures.

E.

Illumination prohibited. Signs shall not be illuminated.

F.

Durable materials required. Signs shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of nonrigid (e.g., paper) material.

G.

Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit.

(Ord. 7074, § 6 (Att. 2), 2006)

The following signs are inconsistent with the purposes and standards of this Chapter and are prohibited in all zoning districts except where noted.

A.

Awnings that are back-lit (internally illuminated) so that the awning radiates light.

B.

Cabinet (can) signs that are mounted flush against a building wall, except for corporate logos. Cabinet signs with opaque backgrounds and illuminated letters are allowed as projecting signs only.

C.

Electronic message signs except time and/or temperature signs.

D.

Signs containing statements, words, pictures, or other representations that violate Section 311 et seq. of the Penal Code of the State.

E.

Signs that imitate an official traffic sign or signal, or contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words, excepting construction signs and barricades, and except when the words are incorporated in the permanent name of a business.

F.

Signs that advertise an activity, business, service, or product no longer conducted or sold on the premises 45 days after the discontinuance or abandonment, except signs listed on, or eligible for, the City's historic sign inventory.

G.

Signs that are oriented towards the freeway.

H.

Signs that blink, flash, or move in any manner, have any portions that move, or have the appearance of moving, except for signs listed in the historic sign inventory, clocks, time and temperature displays, public service signs, and unique/creative signs allowed through the approval of a Master Sign Plan.

I.

Balloons, lighter-than-air devices, inflatable signs and objects, except as may be allowed through a Temporary Sign Permit.

J.

Banners, pennants, ribbons, spinners, streamers, or other similar devices, except as specifically allowed through a Temporary Sign Permit.

K.

Portable, folding, or similar signs, except as allowed in Title 12 of the Municipal Code.

L.

Signs mounted on the roof of a building, including mansard roofs, and similar architectural roof-like elements.

M.

Signs that are displayed on the exterior of a building and are made of materials that are impermanent and will not stand exposure to the weather.

N.

Advertisings, banners, bills, cards, notices, placards, posters, signs, stickers, or other devices designed to attract the attention of the public that are posted or otherwise affixed upon any street, street furniture, right-of-way, public sidewalk, crosswalk, curb, lamppost, fencing, hydrant, tree, alley, telephone pole, public telephone, lighting system, or other public alarm or communication system.

O.

Off-site outdoor advertising signs (billboards).

P.

Signs erected so that any portion of its surface or supports interfere with the free use of a fire escape, exit, or standpipe, or obstruct a required door, stairway, ventilator, or window.

Q.

Signs emitting audible sounds, odors, or visible matter.

A.

Continuation and maintenance.

1.

A legal, nonconforming sign may becontinued, except as provided in Section D. below, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with the Municipal Code.

2.

Routine maintenance and repairs may be performed on a nonconforming sign.

B.

Alteration and enlargement.

1.

Nonconforming signs shall not be altered, enlarged, or moved unless a Sign Exception, in compliance with Section 17.48.050 (Sign Exceptions), is first obtained. Standards exceeding the minimum requirements may be required by the Zoning Administrator in the conditions of approval in order to reduce the impact that the nonconforming sign may have on the surrounding properties.

2.

Nonconforming signs shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and current standards for sign area, height, or setback.

3.

The sign face of an existing wall-mounted cabinet/can sign shall be allowed to be changed if the new sign face will have an opaque background with illuminated letters, numbers, or symbols. No increase in sign area shall be allowed.

4.

A sign included in the historic sign inventory, which has been destroyed by fire or other calamity, by act of God or by public enemy to an extent greater than 50 percent, may be reconstructed in a historically accurate manner. Reconstruction shall be authorized only upon determination by the Heritage Preservation Commission or Design Commission that the sign is an accurate duplication of the historic sign, based on review of photographic or other documentary evidence.

5.

Alterations and/or enlargements for the purpose of complying with Chapter 14.06 of the Municipal Code (Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings) are exempt from the requirements of this Chapter.

C.

Restoration of nonconforming signs.

1.

Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public enemy to the extent of 50 percent or less, the sign may be rebuilt and resumed; provided, a Building Permit for the restoration is issued and diligently pursued. Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, the sign shall not be resumed except in full conformity with the current regulations for the zoning district in which it is located.

2.

The extent of damage or destruction shall be determined by comparing the estimated cost of restoring the sign to its condition before the damage or partial destruction and the estimated cost of duplicating the sign as it existed before the damage. Estimates for this purpose shall be reviewed and approved by the Code Enforcement Administrator or the Zoning Administrator.

D.

Elimination of nonconforming signs. Nonconforming signs listed in Table 4-23, below shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity within the specified time after they become nonconforming. Additional time for abatement of the nonconformity may be granted through approval of a Variance, in compliance with Section 17.61.080.

(Ord. 7160 § 43, 2009)

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. The sign shall be removed within 45 days of the close of business. Signs listed on the City's historic sign inventory shall be exempt from this requirement.

A.

Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code.

B.

Removal of illegal signs in the public right-of-way.

1.

The City may cause the removal of any sign that has been illegally placed in the public right-of-way without first complying with the requirements of this Chapter including abandoned signs.

2.

Signs removed in compliance with this Section shall be stored for 45 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage.

3.

If not recovered within the 45-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City.

4.

The costs of removal and storage (up to 45 days) may be billed to the owner.

5.

If not paid, the applicable costs may be imposed as a tax lien against the subject property.

(Ord. 7074 § 7, (Att.3) (part), 2006)

The following are definitions of specialized terms and phrases used in this Chapter.

Abandoned sign.

Any sign that advertises a business, lessor, owner, product service or activity that is no longer located on the premises where the sign is displayed.

Alteration.

Any change of color, construction, copy, illumination, location, position, shape, sign face, size, or supporting structure of any sign.

Animated or moving sign.

A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement (Prohibited).

Area of a sign.

See "Sign area."

Awnings.

Awnings are roof-like covers made of fabric (e.g., canvas) that project from the wall of a building for the purpose of shielding a doorway or window from the elements.

Awning sign.

Any sign copy or logo attached to or painted on an awning.

Banner, flag, or pennant.

Any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, and nationally or internationally recognized organizations.

Billboard.

See "Outdoor advertising sign."

Building identification sign.

A sign that identifies the name of the building or its major tenant.

Business identification sign.

A sign that serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

Bus or transit shelter.

A small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two or three sides.

Cabinet sign (can sign).

A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. Not allowed as a wall sign.

Changeable copy sign.

A sign designed to allow changing of copy manually.

Channel letters.

Three-dimensional, individually cut letters or figures, illuminated or unilluminated, affixed to a structure.

Commercial sign.

A sign designed to advertise a product or service.

Contractor or construction sign.

A temporary sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with the project.

Copy.

Words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.

Directional sign.

An on-site sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

Directory sign.

A sign listing the tenants of a multiple tenant structure or center.

Double-faced sign.

A sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.

Edge of roof.

On a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less.

Event sign.

Any temporary sign for a temporary event, including, signs for a carnival or fair, for an athletic event or competition, for a vehicle show, or for an election campaign, but not including those signs which are otherwise differentiated in Chapter.

External illumination.

The lighting of an object from a light source located a distance from the object.

Flashing sign.

A sign that contains an intermittent or sequential flashing light source. (Prohibited)

Freestanding or pylon sign.

A sign that is supported by a base structure that rests on the ground and is not supported by or attached to a building.

Future tenant sign.

A temporary sign that identifies the names of future businesses that will occupy a site or structure.

Grand opening.

A promotional activity used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion by a business.

Height of sign.

The vertical distance from the uppermost part of a sign to the highest elevation of the finished grade immediately below and adjoining the sign.

Illegal sign.

Any of the following:

1.

A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use;

2.

An abandoned sign that has not been removed within the time period specified by this Chapter.

3.

A sign that was legally erected, but which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

A sign that is a danger to the public or is unsafe; or

5.

A sign that pertains to a specific event that has not been removed within the specified time after the occurrence of the event.

Inflatable device.

An object that is blown up with air or gas.

Internally illuminated sign.

A sign whose light source is located in the interior of the sign so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign.

Maintenance, routine.

The painting of signs and/or the replacement of like parts of a nonstructural nature (e.g., lights, trim pieces, panels, etc.)

Monument sign.

A permanent freestanding sign where the entire supporting base of the sign is affixed to the ground and is not attached to or supported by a building.

Multiple tenant building.

A development consisting of two or more separate uses or tenancies that share either the same parcel or structure and use common access and parking facilities.

Neon sign.

Glass tube lighting in which a gas and phosphors are used in combination to create a colored light.

Noncommercial sign.

A sign designed to express political, religious, or other ideological sentiment that does not advertise a product or service, and is also not an event sign.

Nonconforming sign.

An advertising structure or sign which was lawfully erected and maintained in compliance with the requirements in effect at the time, and which has subsequently come under new amended requirements and does not now completely comply.

Off-Site sign.

A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. (Prohibited)

Outdoor advertising sign (billboard).

An off-premises sign that has a flat surface sign space upon which advertising may be posted, painted, or affixed, and which is primarily designed for the rental or lease of sign space for advertising not related to the use of the property upon which the sign is located (Prohibited).

Permanent sign.

A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Primary building frontage.

That building elevation that abuts on a street, alley, driveway, parking area, or pedestrian plaza, courtyard or arcade on

the same street. There shall only be one primary building frontage.

Projecting sign.

A sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward form the building.

Promotional sign.

A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, new service, grand opening, or to promote a special sale.

Property or street frontage.

The side of a lot or development site abutting on a public street.

Pylon sign.

A permanent freestanding sign that is supported by two or more uprights, braces, poles, or similar structural elements and is not attached to or supported by a building.

Real estate sign.

A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

Rider.

A small sign attached as a rider to a real estate sign that provides limited information about the property (e.g., number of bedrooms, agent's name, open house, etc.).

Roof sign.

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deck line of a building with a mansard roof (Prohibited).

Secondary building frontage.

Any building frontage other than a primary building frontage.

Sign.

A device, fixture, surface, or structure of any kind, made of any material, displaying letters, numbers, words, text, illustrations, symbols, forms, patterns, colors, textures, shadows, merchandise or lights; or any other illustrative or graphic display designed, constructed, or placed on the ground, on a building, architectural projection, wall, post, or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person, or activity whether located on the site, in any structure on the site or in any other location. The term "placed" includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, sculpting, casting, or otherwise fastening, affixing, or making visible in any manner. The term does not include a religious symbol on a place of worship.

Sign area.

The entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed.

Temporary sign.

A sign intended to be displayed for a limited period of time and capable of being viewed at a primary or secondary building frontage.

Three-dimensional signs.

Signs that have a depth or relief on their surface greater than six inches.

Time and/or temperature sign.

Signs that accurately display the current local time and/or temperature, usually through arrays of small electric lights. No commercial advertising or other message is allowed.

Vehicle sign.

A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

Wall sign.

A sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

Window sign.

A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.

Yard sale signs.

Temporary signs used to attract attention and advertise the presence/location of a sale of personal property on a premise within a residential zoning district.

(Ord. 7169 § 18, 2009; Ord. 7160 § 44, 2009; Ord. 7074 § 7 (Att. 3) (part), 2006)

Article 5 - Standards for Specific Land Uses Chapter 17.50 - Standards for Specific Land Uses

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

A.

Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Article 2 (Zoning Districts and Allowable Land Uses) and Article 3 (Specific Plans).

B.

Land use permit requirements. The uses that are subject to the standards in the Chapter shall be authorized by the land use permit required by Article 2 and Article 3, except where a land use permit is established by this Chapter for a specific use.

C.

Development standards. The standards for specific uses in this Chapter supplement, and are required in addition to, those in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Specific Plans), and 4 (Site Planning and General Development Standards). In the event of any conflict between the requirements of this Chapter and those of Articles 2 or 4, the requirements of this Chapter shall control. Article 3 (Specific Plans) may include additional applicable development

standards by use. Where Article 3 (Specific Plan) is silent the requirements of this Chapter shall control; where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

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

A.

Applicability.

1.

The development standards of this section shall apply to Adaptive Reuse Projects where there is a conversion from an existing nonresidential building (excluding buildings or portions of buildings used for Lodging - Hotels, Motels uses) to multi-family residential use or mixed-use. Where this section conflicts with Section 17.50.160 (Mixed-Use Projects), Section 17.50.350 (Urban Housing), or Article 3 (Specific Plan Standards), this section shall apply except as otherwise provided in this section.

2.

Adaptive reuse projects are eligible to use the standards of this section five years after a certificate of occupancy is issued for the non-residential building.

B.

Density.

1.

Adaptive Reuse Projects shall not be subject to dwelling unit per acre requirements.

2.

For Adaptive Reuse Projects, including new construction allowed by Section 17.50.030.B.3, the average unit size shall be a minimum of 450 square feet. No average unit size is required for projects that are 100 percent affordable or have less than 10 units.

3.

New Construction.

a.

New building construction, with units, is permitted subject to the following:

(1)

The new construction is in conjunction with an Adaptive Reuse Project and located on the same site; and

(2)

The construction of new units does not increase the number of units in the existing building, subject to adaptive reuse, by more than 50 percent, or up to the maximum density listed in the General Plan, whichever is less.

b.

New construction of units is subject to the underlying zoning district development standards except for car-sharing and open space standards, which is subject to the standards provided in this Section, and Design Review requirements, which shall be limited to those requirements for adaptive reuse provided in Section 17.61.30.

C.

Floor Area.

1.

Any additional floor area created within the existing building, including mezzanines, shall not count toward floor area ratio maximums.

2.

Any additional floor area created to comply with Building or Fire Codes shall not count toward floor area ratio maximums.

3.

To accommodate residential amenities, including but not limited to pools, fitness centers, laundry facilities, or lounge areas, the building's existing floor area may be increased by up to 10 percent. This additional floor area shall not count toward floor area ratio maximums.

D.

Height. To accommodate appurtenances or residential amenities, including but not limited to pools, fitness centers, laundry facilities, or lounge areas, the building's existing height may be exceeded by a maximum of 15 feet, and shall not count towards maximum height requirements.

E.

Setbacks. Any additions required to comply with Building or Fire Codes shall be exempt from any setback requirements.

F.

Open Space.

1.

A minimum of 150 square feet per dwelling unit is required and shall be provided in the form of common and/or private open space.

2.

The following may count towards common open space:

a.

Lobbies, provided they include residential amenities, including but not limited to work stations, lounge areas, or fitness centers;

b.

Existing or new publicly accessible open space and street setbacks, provided they include publicly accessible amenities including but not limited to landscaping, seating, fountains, and/or public art.

3.

Accessible rooftop areas may count toward common open space at a 1.5:1.0 ratio, provided they contain residential amenities such as pools, lounge areas, furniture, and/or landscaping.

4.

If located within one half mile walking distance to a public park, as designated in PMC Section 3.23.010, the open space requirement may be reduced by a maximum of 25 percent.

G.

Off-Street Parking.

1.

No new parking shall be required; the number of existing parking spaces may be reduced but not reduced below the minimum number of spaces required.

2.

Car-share. Code-required parking requirements for residential uses may be further reduced when on-site car sharing is provided for the shared use of vehicles by all residents.

a.

One car share space shall count for five required parking spaces, up to a maximum parking reduction of 20 percent and 10 car-share parking spaces, whichever is less.

b.

Car-share parking spaces shall be dedicated for the exclusive use of shared vehicles by building residents.

c.

A sign shall be placed, adjacent to each car-share parking space, stating that the parking space is for car-sharing and cannot be used for private automobile parking.

d.

Car-share vehicles shall be made available to the residents through an online or similarly accessed real-time appointment system for processing car share vehicles reservations.

e.

The car-share vehicle must be accessed where they are parked without requiring a person to go to a different physical location to execute a contract or pick up keys.

f.

Car-share parking spaces shall be maintained by a certified car-share organization, or similar organization, in perpetuity.

(Ord. No. 7443, § 3, 3-3-2025)

A.

Standards for all sales operations. Proposed on- and off-site alcoholic beverage sales operations shall be designed, constructed, and operated to:

1.

Avoid contributing to an undue proliferation of alcoholic beverage sales businesses in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2.

Avoid any adverse impact on adjacent or nearby parks (e.g., public parks or recreation centers), playgrounds (e.g., public or parochial), religious facilities, or schools (e.g., public, parochial, or private elementary, junior high, or high schools); and

B.

Additional standards for off-site sales. Off-site alcoholic beverage sales businesses shall comply with the following requirements in addition to those in Subsection A. above. Locations with off-site alcoholic beverage sales shall be designed, constructed, and operated to:

1.

Not interfere with the movement of people along any street; and

2.

Supply adequate, appropriately located litter and recycling receptacles as determined by the Director.

A.

Improvements required. All animal hospitals shall be entirely enclosed, soundproofed, and air conditioned.

B.

Incidental uses allowed. Grooming and temporary boarding of animals for a maximum of 30 days is allowed if incidental to the animal hospital use.

C.

Animal Hospitals Established After April 19, 2021. In addition to the standards specified in this section, the following standards shall also apply to animal hospital facilities established after April 19, 2021.

a.

Enclosures. All facilities shall be entirely enclosed and be fully covered by a permanent roof structure. Open air enclosures shall be prohibited.

b.

Soundproofing. In order to ensure noise from the facility does not cause a nuisance, there shall be a noise threshold of 5dB over ambient at any time, as measured at the property line of the animal hospital facility.

c.

Staff Availability. Hospital staff are required to be present and accessible via telephone at all times that animals are on the hospital premises.

(Ord. No. 7419, § 4, 2-26-2024; Ord. 7374, § 3 (Exh. 2), 2021)

17.50.060 - Automated Teller Machines (ATMs) and Walk-Up Bank Services

A.

Where allowed. ATM facilities may be located:

1.

On public streets; and

2.

At alley entries, but within 50 feet of the nearest public street.

B.

Development standards for ATM facilities. ATM facilities shall be installed and maintained in compliance with the following standards:

1.

Privacy area required.

a.

In order to provide an appropriate level of privacy and to reduce the potential for blocking the sidewalk for those users waiting in line, a five-foot deep privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to the public sidewalk;

b.

The Director, while conducting Design Review, or the Zoning Administrator, if no Design Review is required, may reduce the privacy area down to three feet, while still meeting the intent identified in Subparagraph a., above.

2.

Review for impact on pedestrian and traffic circulation required. The Department of Public Works shall review and approve each proposed location to determine if on-street parking can be accommodated at the proposed site and if the ATM, or walk-up bank service window would likely have a major impact on pedestrian and traffic circulation in the immediate area;

3.

Lighting plan required. A lighting plan will be required with the intent to ensure that adequate lighting is provided;

4.

ATM to be handicap accessible. The ATM shall be handicap accessible;

5.

Trash receptacle required. A trash receptacle shall be immediately accessible to the ATM; and

6.

Appearance following removal. At the time that the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Zoning Administrator.

A.

500-foot separation required. A boarding house shall be a minimum of 500 feet from another boarding house.

B.

How to measure separation. The distance between any structure used as a boarding house and another structure used as a boarding house shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a boarding house to the closest property line of another structure used as a boarding house.

(Ord. 7160, § 45, 2009)

A.

Purpose. It is the purpose of this chapter to regulate commercial cannabis businesses consistent with state law including, but not limited to, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and furthermore, to protect the health, safety, and welfare of the residents of the City of Pasadena. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. Medicinal and adult-use cannabis businesses shall comply with all provisions of the Pasadena Municipal Code, state law, and all other applicable local codes and regulations. The regulations in this chapter do not interfere with a person's right to obtain and use cannabis as authorized under state law; however, it is neither the intent nor the effect of this chapter to condone the use or consumption of cannabis.

B.

Legal Authority. Pursuant to Section 7 of Article XI of the California Constitution, the City of Pasadena is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis businesses. Any standards, requirements, and regulations regarding health and safety, testing, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Pasadena to commercial cannabis businesses.

C.

Definitions. The technical terms and phrases used in this chapter are defined in Pasadena Municipal Code Section 5.78.050—Definitions (see PMC Chapter 5.78—Commercial Cannabis Activity).

D.

Retailer.

1.

Commercial Cannabis Permit Required. A cannabis retailer must obtain and maintain at all times a valid commercial cannabis permit as required by Chapter 5.78.

Use Permit Required. A use permit is required to establish or operate as a cannabis retailer.

3.

Limitation on the Number of Retailers.

a.

No more than six (6) retailers may operate within the City of Pasadena at any one time and no more than six (6) permits shall be issued by the City of Pasadena for retailers to operate within the City of Pasadena; and

b.

No more than three (3) retailers may operate within a city council district at any one time.

4.

The maximum square footage of a retail use shall be 15,000 square feet.

5.

Location Requirements. Cannabis retailers shall be permitted in only the CO, CL, CG, CD, and IG zoning districts and shall be subject to the following requirements:

a.

No retailer shall be established or located within 450 feet, measured from the nearest property lines of each of the affected parcels, of any other cannabis retailer or within 1,000 feet of any cultivation site, or within 500 feet of any testing laboratory;

b.

No retailer shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone;

c.

No retailer shall be established or located within a mixed-use development project containing a residential use component;

d.

No retailer shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any childcare center, in-home (family day care home), youth-oriented facility, church or faith congregation, or substance abuse center;

e.

No retailer shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any park, library, or K-12 school;

f.

Retailers shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Pasadena Municipal Code.

Operating Requirements. In addition to those operating requirements specifically set forth in Section 5.78.170, the following operating requirements shall apply to all cannabis retailers operating in the City of Pasadena:

a.

Hours of Operation. Retailers may be open for access to the public only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday.

b.

For medicinal cannabis, the retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and that the potential customer has a valid physician's recommendation. For adult-use cannabis, the retailer shall verify the age of each customer to ensure the customer is not under the age of twenty-one (21) years.

c.

Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access and entry to the retailer to separate it from the reception/lobby area.

d.

Notwithstanding the requirements of Section 15.78.160, uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities.

e.

Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale on-site in the retail sales area of the retail facility.

f.

All restroom facilities shall remain locked and under the control of management.

7.

Delivery Services. Permitted in association with retailer. Delivery of cannabis shall be permitted pursuant to this section. A delivery service may operate only as a part of and in conjunction with a retailer permitted pursuant to state law and pursuant to this section. Delivery of cannabis from a retailer permitted pursuant to this section can only be made in a city or county that does not expressly prohibit it by ordinance.

8.

Conditions of Approval. The planning commission may address development and operational standards through conditions on the use permit as it determines to be necessary or appropriate for the use permit under consideration; provided, that conditions shall not conflict with the provisions of Section 5.78.170 and Section 17.50.066(D)(5) relating to operating requirements of cannabis retailers, and shall be subordinate to conditions placed on the commercial cannabis permit issued under Chapter 5.78.

9.

Parking. Off-street parking shall be provided as required for retail stores under Chapter 17.46.

Discontinuance. If a cannabis retailer authorized by a use permit approved under this section is discontinued for a continuous period of 12 months, the use permit expires for discontinuance of use and thereafter is void.

E.

Cultivation Sites.

1.

Commercial Cannabis Permit Required. A cannabis cultivation site must obtain and maintain at all times a valid commercial cannabis permit as required by Chapter 5.78.

2.

Use Permit Required. A use permit is required to establish or operate a cannabis cultivation site.

3.

Limitation on the Number of Cultivation Sites.

a.

No more than 4 cultivation sites may operate within the City of Pasadena at any one time and no more than 4 permits shall be issued by the City of Pasadena for cultivation sites to operate within the City of Pasadena.

b.

No more than one cultivation site may operate within a city council district at any time.

4.

The maximum square footage of a cultivation site shall be 30,000 square feet.

5.

Location Requirements. Cannabis cultivation sites shall be permitted in only the CG and IG zoning districts and shall be subject to the following conditions:

a.

No cultivation site shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone;

b.

No cultivation site shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any childcare center, in-home (family day care home), youth-oriented facility, church or faith congregation, or substance abuse center;

c.

No cultivation site shall be established or located within 600 feet, measured from the nearest property lines of each of the affected parcels, of any park, library, or K-12 school.

d.

Cultivation sites shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Pasadena Municipal

Code.

e.

No cultivation site shall be established or located within 1,000 feet, measured from the nearest property line, of any other cultivation site or cannabis retailer, or within 500 feet of any testing laboratory.

6.

Operating Requirements. In addition to those operating requirements specifically set forth in Section 5.78.170, the following operating requirements shall apply to all cannabis cultivation sites operating in the City of Pasadena:

a.

All outdoor cultivation is prohibited. Commercial cannabis cultivation must occur indoors only.

b.

In no case shall cannabis plants be visible from a public or private road, sidewalk, park, or any common public viewing area.

c.

A cultivation site shall only be allowed to cultivate the square footage of canopy space permitted by state law under the type of cultivation license issued.

d.

Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

e.

Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from pests, rodents, or other wildlife.

f.

The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis facility, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

g.

All applicants for a commercial cannabis permit to operate a cannabis cultivation site shall submit the following in addition to the information generally otherwise required for a commercial cannabis business:

(1)

A cultivation and operations plan that meets or exceeds minimum standards for water usage; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the premises, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light).

(2)

A description of a legal water source, irrigation plan, and projected water use.

(3)

Identification of the source of electrical power and plan for compliance with applicable building codes and related codes.

(4)

Plan for addressing odor and other public nuisances which may derive from the cultivation site.

7.

Conditions of Approval. The planning commission may address development and operational standards through conditions on the use permit as it determines to be necessary or appropriate for the use permit under consideration; provided, that conditions shall not conflict with the provisions of Section 5.78.170 and Section 17.50.066(E)(5) relating to operating requirements of cannabis cultivation sites, and shall be subordinate to conditions placed on the commercial cannabis permit issued under Chapter 5.78.

8.

Parking. Off-street parking shall be provided as required for an "Industry, Standard" use under Chapter 17.46.

9.

Discontinuance. If a cannabis cultivation site authorized by a use permit approved under this section is discontinued for a continuous period of 12 months, the use permit expires for discontinuance of use and thereafter is void.

F.

Testing laboratory.

1.

Commercial Cannabis Permit Required. A testing laboratory must obtain and maintain at all times a valid commercial cannabis permit as required by Chapter 5.78.

2.

Use Permit Required. A use permit is required to establish or operate a testing laboratory.

3.

Limitation on the Number of Testing Laboratories.

a.

No more than four (4) testing laboratories may operate within the City of Pasadena at any one time and no more than four (4) permits shall be issued by the City of Pasadena for testing laboratories to operate within the City of Pasadena.

b.

No more than one testing laboratory may operate within a city council district at any time.

4.

Location Requirements.

a.

Cannabis testing laboratories shall be permitted in any zoning district where laboratories, medical or otherwise, are permitted and shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Pasadena Municipal Code.

b.

No testing laboratory site shall be established or located within 500 feet, measured from the nearest property line, of any other testing laboratory, or 500 feet of any cultivation site or cannabis retailer.

5.

Operating Requirements. In addition to those operating requirements specifically set forth in Section 5.78.170, the following operating requirements shall apply to all cannabis testing laboratories operating in the City of Pasadena:

a.

Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code 26100 and shall be subject to state and local law. Each testing laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under Chapter 5.78 and any subsequent State of California legislation or regulations regarding the same.

b.

Testing laboratories shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.

c.

All testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control, as well as ELAP certification.

d.

Testing laboratories shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau.

e.

Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor's premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.

f.

Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a state licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the state licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

g.

A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient's valid physician's recommendation for cannabis for medicinal purpose. A testing laboratories shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or state licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.

6.

Conditions of Approval. The planning commission may address development and operational standards through conditions on the use permit as it determines to be necessary or appropriate for the cannabis testing laboratory use permit under consideration; provided, that conditions shall not conflict with the provisions of Section 5.78.170 and Section 17.50.151(F)(5) relating to operating requirements of cannabis testing laboratories, and shall be subordinate to conditions placed on the cannabis business permit issued under Chapter 5.78.

7.

Parking. Off-street parking shall be provided as required for research and development offices under Chapter 17.46.

8.

Discontinuance. If a cannabis testing laboratory authorized by a use permit approved under this section is discontinued for a continuous period of 12 months, the use permit expires for discontinuance of use and thereafter is void.

(Ord. No. 7382, § 25, 11-1-2021; Ord. 7326 § 3, 6-5-2018)

17.50.070 - Conversion of a Residential Structure to a Commercial Use

A.

Applicability. The conversion of a residential structure to an allowed commercial use shall be in compliance with this Section and the applicable provisions of this Zoning Code.

B.

Location of off-street parking. Off-street parking shall only be located behind the structure.

C.

Maintenance of existing driveway. The existing driveway width shall not be widened to accommodate the new commercial use.

17.50.075 - Conversion of a Hotel or Motel to Affordable Housing

A.

Zoning districts. Notwithstanding the provisions of Chapters 17.22, 17.24, 17.30, 17.31, 17.32, 17.33, 17.34, 17.35, 17.36, and 17.37, existing hotels and motels in all zoning districts as well as those located in Specific Plan areas may be converted to supportive housing, transitional housing, single-room occupancy, multi-family housing, or combination thereof, provided that the converted units are rented or sold to persons of low or moderate income (as defined in Health and Safety Code Section 50093); the converted use complies with all of the provisions of this Section; and a Hotel Conversion Permit is granted pursuant to the provisions in Section 17.61.055.

B.

Minimum lot size. There shall be no applicable minimum lot width, depth, or total lot size for hotel and motel conversions.

C.

Number of rooms. Hotels and motels with more than 80 guest rooms shall not be eligible for the provisions of this Section or Section 17.61.055.

D.

Residential density. The resulting number of residential units after the conversion shall not be more than 110 percent of the number of guest rooms in the existing hotel or motel.

E.

Floor area ratio. The resulting floor area, as defined in 'Floor Area, Gross' for "all other districts" after conversion shall not be more than 110 percent of the existing floor area of the hotel or motel being converted. Floor area added solely for the purpose of complying with the Building Code and/or life safety requirements shall not be counted toward the 10 percent increase.

F.

Site coverage. There shall be no maximum site coverage applicable for hotel and motel conversions.

G.

Height. Any increase in height resulting from hotel and motel conversions shall comply with the maximum height set forth in the underlying zoning district. The conversion of any existing hotel or motel to affordable housing pursuant to this Section shall not result in loss of legally nonconforming status with regard to building height.

H.

Setbacks. Hotel and motel conversions shall not be subject to the setback requirements of the underlying zoning district.

I.

Unit size and occupancy. The minimum size of a residential unit resulting from a hotel or motel conversion shall be the same as the minimum size of a Single Room Occupancy facility as set forth in Section 17.50.300(C).

J.

Common area. All hotel and motels conversion shall include common areas with amenities such as seating, tables, kitchens, barbecues, and/or other amenities conducive to community-building activities. The size and nature of these common areas shall be approved by the reviewing authority pursuant to a Hotel Conversion Permit. Shared bathrooms shall not be considered as common areas.

K.

Management plan. A management plan shall be submitted to and reviewed by the Director of the Housing and Career Services Department, or designee, and approved by the reviewing authority for the Hotel Conversion Permit in conjunction with such Permit. The Housing and Career Services Department shall enforce the management plan, and shall have the authority to amend the management plan administratively as needed, provided that the management plan complies with all conditions of approval for the Hotel Conversion Permit. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures and staffing needs including job descriptions. The approved management

plan shall be in recordable form as approved by the City Attorney and recorded before issuance of a Certificate of Occupancy or Final Building Inspection, as applicable.

L.

Parking. The required parking for hotels or motels converted to affordable housing shall be established by the review authority as part of the issuance of a Hotel Conversion Permit. In no case shall the required parking exceed one half space per residential unit.

M.

Landscaping. Minimum landscaped areas shall not be applicable to hotel and motel conversions.

N.

Signs. All hotel and motel conversions shall comply with the provisions of Chapter 17.48 (Signs).

O.

Lighting. All hotel and motel conversions shall comply with the provisions of Section 17.40.080 (Outdoor Lighting).

P.

Commercial frontage and facade standards. The provisions of Section 17.24.050 (Commercial Frontage and Facade Standards) shall not be applicable to hotel and motel conversions.

Q.

Walls and fences. Walls and fences for hotel and motel conversions shall comply with the provisions of Section 17.40.180. Notwithstanding the foregoing, the maximum height of walls and fences between the front property line and the occupancy frontage for hotel and motel conversions may be increased to six feet, provided that such walls and fences are at least 50 percent open and are set back a minimum of three feet from the front property line. The reviewing authority may approve deviations from any wall and fence requirements as part of the issuance of a Hotel Conversion Permit.

(Ord. No. 7333, § 2 (Exh. 1), 10-15-2018)

A.

Large family day-care home. The establishment of a large family day-care home shall require that an application be filed with and approved by the Zoning Administrator. The application shall be approved if the Zoning Administrator determines that the application complies with the following regulations.

1.

Minimum separation between day-care homes. Within a residential district, there shall be no more than one large family day-care home allowed within 300 feet of another large family day-care home or child day-care center. If a large family day-care home is within 300 feet of another large family day-care home or child day-care center, then a Minor Conditional Use Permit shall be required.

2.

Plan for loading. The applicant shall submit a plan showing the location of a loading and unloading area for children.

Noise standards. A large family day-care home shall comply with the noise regulations of Municipal Code Chapter 9.36.

4.

Parking. Off-street parking shall be provided at a ratio of one parking space for each employee other than the resident. Parking may be tandem and located on a driveway that leads to covered parking.

5.

Play equipment. Play equipment shall not be located within the front yard.

6.

Signs. Signs shall comply with the requirements of Chapter 17.48 (Signs).

B.

Child day-care centers. Each child day-care center shall comply with the following requirements.

1.

Outdoor play space. A child day-care center shall provide an outdoor play space as follows.

a.

Minimum size. The total area of the outdoor play space shall be a minimum of 75 square feet per child.

b.

Location on site. No outdoor play space shall be within 25 feet of a residential structure on an abutting lot in an RS or RM zoning district.

c.

Screening fence. A wall or fence shall surround the outdoor play area. The minimum height of the wall or fence shall be equivalent to the maximum height of a wall or fence in the zoning district in which the site is located or six feet, whichever is less. If a fence with perforations through more than 50 percent of the surface area is provided, vertical landscaping shall be provided to screen the outdoor play area from adjacent properties.

2.

Side and rear landscape buffers. Landscaping shall be used to buffer noise in side and rear setback areas adjacent to RS zoning districts. The following minimum density of plant materials shall be maintained in these areas: For each 100 square feet of yard area or fraction thereof, 0.10 canopy trees (24 inch box or larger), 0.20 under-story trees (15 gallon or larger), and 2.0 shrubs (five gallons or larger). Where an existing mature landscape element is retained on the site, it may be counted as double in meeting these minimum requirements (e.g., where two canopy trees are required, one existing canopy tree may be used to meet the guideline).

3.

Parking. See Chapter 17.56. Parking shall not be located in an existing front or corner side setback unless located on a driveway leading to a covered parking space.

4.

Loading area. The location and design of passenger loading and unloading areas shall be reviewed and approved by the Department of Public Works.

5.

Refuse storage. A refuse storage area shall be provided in compliance with Section 17.40.120 (Refuse Storage Facilities).

6.

Outdoor lighting. Outdoor lighting shall comply with Section 17.40.080 (Outdoor Lighting).

7.

Hours of operation.

a.

The allowable hours of operation in residential zoning districts shall be established by the Conditional Use Permit required for the use.

b.

Outdoor activities may only be conducted between the hours of 7:00 a.m. and 7:00 p.m. in residential zoning districts and 6:00 a.m. and 7:00 p.m. in non-residential zoning districts.

(Ord. 7169 § 19, 2009; Ord. 7160 § 46, 2009)

A.

Applicability. A Zoning Permit shall be required forexisting and proposed donation collection facilities. The Zoning Administrator shall review and approve an application if it is in compliance with these standards.

B.

Location. Only one facility per site is allowed. The facility shall be located:

1.

Only in a commercial, industrial, or PS district;

2.

Only as an accessory use to a commercial, industrial or public, semi-public use; and

3.

A minimum of 500 feet from a recycling facility or another donation collection facility. The separation between such facilities shall be measured in a straight line, without regard to intervening structures, from the closest part of one facility to the closest part of the other facility.

C.

Setbacks. The facility shall be setback a minimum of 150 feet from a residential district boundary and shall be located at least 25 feet from a street property line.

D.

Maintenance. The site shall be kept clean, maintained in a litter-free condition and checked daily. The property owner shall ensure that any graffiti or materials that are left outside of the facility are removed within 24 hours.

E.

Violations. A facility that does not comply with the ongoing requirements of this section shall be given notice of the violation, and ordered to comply with these standards within 10 days of the notice. If the facility does not come into compliance with these standards within the 10 day period, the Zoning Permit shall be revoked.

(Ord. 7159, § 1, 2009)

A.

Location requirements for restaurants with drive-through service. A fast food or formula fast food restaurant with drivethrough service shall not be closer than 500 feet from the following uses: a park and recreation facility; a public or private school; or another fast food or formula fast food restaurant with drive-through service. The distance requirement shall be measured from site-to-site.

B.

Additional application materials. In addition to the standard application requirements for a Conditional Use Permit, an applicant for a restaurant with a drive-through business shall submit a litter clean-up plan, a parking and circulation plan, and a site plan that includes: driveway locations, placement of audible equipment (if this type of equipment will be used), landscaping, light standards, sign locations, and trash enclosures. A litter clean-up plan shall address litter clean-up onsite and off-site and shall include, but not be limited to, a litter pick-up schedule and a map of the clean-up area.

C.

Findings required for approval. The approval of a drive-through business shall require that the review authority first make all of the following findings, in addition to those required for a Conditional Use Permit by Section 17.61.050:

1.

The proposed parking and circulation plan will provide adequate area for safe queuing and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses; and

2.

The proposed location of the drive-through business will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan.

D.

Disposable containers. A fast food or formula fast food restaurant with drive-through service shall have the name of the business establishment printed on all disposable containers and napkins.

E.

Driveway cuts. The design and construction of the drive-through facilities shall minimize the number of driveway cuts.

A.

Separation required.

Measurable requirements. Each exterior wall of an electronic game arcade and/or Internet access studio shall be at least:

a.

500 feet from all boundaries of a site occupied by a day-care facility, park, public or private school, recreation facility, or religious facility that existed before the establishment of the electronic game arcade and/or Internet access studio; and

b.

1,000 feet from the exterior walls of another electronic game arcade and/or Internet access studio.

2.

How to measure separation. The distance between any structure used as an electronic game arcade and/or Internet access studio and another structure used as a day-care facility, park, public or private school, recreation facility, religious facility, or an electronic game arcade and/or Internet access studio shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as an electronic game arcade and/or Internet access studio to the closest property line of another structure used as a day-care facility, park, public or private school, recreation facility, religious facility, or an electronic game arcade and/or Internet access studio.

B.

Waiting areas.

1.

An interior waiting area for a minimum of eight persons shall be provided.

2.

Outdoor waiting areas are not allowed.

3.

Private rooms with doors or alcove areas are not allowed.

C.

No alcohol allowed. No alcohol shall be served.

D.

Transparent windows. The front windows shall be transparent.

E.

Bathroom for patrons use. The facility shall be equipped with a bathroom that shall be available to patrons during normal hours the facility is open to the public.

F.

Public telephone. Any public telephone shall be located within the structure.

G.

No violation of gambling/gaming laws. There shall be no activity that would violate City or State gambling/gaming laws.

H.

Monitoring of Internet sites.

1.

The computer screens shall be located so that anyone walking around the room(s) can clearly see the computer screens.

2.

The full time on-site manager shall monitor the use of Internet sites.

I.

No loitering signs. No loitering signs shall be posted on the premises.

J.

No live or amplified music. No live or amplified music is allowed; excluding music coming from the computers.

K.

Hours of operation. The hours of operation shall be established through the Conditional Use Permit, in compliance with Section 17.61.050.

A.

Applicability. The following standards apply to emergency shelters and emergency shelters, limited. Deviations from the following operational requirements for emergency shelters, limited shall require approval of a Minor Conditional Use Permit.

B.

Operational requirements.

1.

Emergency shelters and emergency shelters, limited shall be operated by a program operator. "Program Operator" means an agency or organization that facilitates, administers, oversees, and provides staffing for emergency shelter uses.

2.

Lodging and meals shall be provided only for clients, clients' pets if any, paid staff and volunteers.

3.

A minimum of one paid staff shall be present whenever clients are present.

4.

Storage area or locker of a minimum of eight square feet shall be provided for each bed.

5.

No outdoor waiting areas shall be allowed.

Parking areas shall have lighting to provide security for clients, visitors and employees.

7.

Emergency shelters and emergency shelters, limited uses shall be available to clients for no more than twelve continuous months.

8.

The program operator shall provide a written management plan. It shall include provisions for staff training, neighborhood outreach, security, screening of clients to ensure compatibility with proposed services provided, counseling, particularly for assisting in finding permanent housing and a source of income, training and treatment programs for clients, drug and alcohol dependency referrals and an exit strategy.

9.

A refuse storage area shall be provided in accordance with Section 17.40.120 (Refuse Storage Facilities) and litter shall be removed daily along streets and alleys directly abutting the site.

10.

When a Minor Conditional Use Permit is required, emergency shelters proposed adjacent to an existing school shall provide an outreach and communication strategy plan to coordinate with adjacent schools.

(Ord. No. 7414, § 6, 9-11-2023; Ord. 7235 § 6, 2013)

A.

Purpose.

1.

The purpose of this Section is to allow for a home occupation business from a residential use while ensuring that the home occupation does not detract from nor is incompatible with the surrounding residential uses.

2.

The uses are intended to be clearly incidental to a residential use.

B.

Permit requirement. A Home Occupation Permit shall be required before the establishment of a home occupation use. After receiving an application, a permit shall be issued by the Director upon the determination that the proposed home occupation use complies with this Section.

C.

Permit is nontransferable. A Home Occupation Permit shall not be transferable.

D.

Property owner's authorization required. For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a Home Occupation Permit.

E.

Business License required.

1.

Upon approval of the Home Occupation Permit, a Business License shall be obtained.

2.

If a Business License is not renewed, the Home Occupation Permit shall become void.

F.

Location and size. A home occupation use shall be conducted entirely within a structure and shall occupy no more than 500 square feet of floor area. This maximum floor area shall include on-site storage areas and any portion of the home occupation that is located within an accessory structure.

G.

Limitation on activities.

1.

There shall be no items sold on-site other than products crafted on the premises. Items manufactured off-site may be sold through mail order or through the internet as long as the home occupation use (including storage area) does not exceed 500 square feet of floor area. This floor area maximum can be exceeded if the storage area is located off-site.

2.

Guns and ammunition shall not be sold as part of a Home Occupation Permit except that a home occupation for a gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith or firearm collector is allowed.

H.

Employees, volunteers or independent contractors. Only a resident of the dwelling unit shall be employed in the operation of a home occupation use. No volunteers, interns or independent contractors shall be part of a home occupation permit.

I.

Commercial vehicles.

1.

Not more than one truck, equivalent in size to a truck marketed by the major vehicle manufacturer's as a 350 or 3500 series, incidental to a home occupation use shall be kept on the site.

2.

The truck shall not exceed a height of seven feet nor larger than that able to easily fit within the universal stall dimension of eight and one-half feet wide by 18 feet long.

3.

The number of off-street parking spaces accessory to a dwelling unit housing a home occupation shall not be reduced to less than that required in compliance with Chapter 17.46 (Parking and Loading).

J.

Client/customer visits. A home occupation use shall not allow any clients or customers without prior appointments. Client/customer appointments are limited to the hours of 7 a.m. to 10 p.m., Monday through Friday.

K.

Changes to dwelling or premises prohibited.

1.

There shall be no alteration to the residential character of the premises as a result of the home occupation use.

2.

The existence of a home occupation use shall not be apparent beyond the boundaries of the subject site.

L.

Outdoor uses. No outdoor storage or display of equipment, appliances, materials, or supplies shall be allowed.

M.

Signs and advertising. On-site signs advertising a home occupation use shall not be allowed. Paper and electronic advertisements are allowed (including business cards) as long as they do not include the address of the home occupation permit.

N.

Additional standards. A home occupation use shall be in compliance with Section 17.40.090 (Performance Standards), Chapter 9.36 (Noise Restrictions) and Chapter 8.80 (Handling and Disclosure of Hazardous Materials).

O.

Revocation. The Zoning Administrator may revoke a Home Occupation Permit that is not in compliance with these regulations as provided by Section 17.78.090 (Permit Revocation or Modification) after 15 days= written notice, unless the home occupation is altered to comply with these standards.

(Ord. 7099, § 31, 2007)

A.

Purpose. This Section establishes standards for the location, development, and operation of life/care facilities. These requirements are in addition to any applicable State and/or Federal requirements (for example, the Americans with Disabilities Act [ADA]).

B.

Definitions. Definitions of the technical terms used in this Section are in Article 8 (Glossary of Specialized Terms and Land Use Types) under "Life/Care Facilities (land use)."

C.

Maximum density. The number of residential dwelling units in a life/care facility shall not exceed the maximum density allowed by the applicable zoning district unless a density bonus is granted in compliance with Chapter 17.32 (Affordable

Housing Incentives and Requirements). The allowable density of a life/care facility shall be determined by the review authority through the Conditional Use Permit process.

D.

Minimum number of residential dwelling units required. The minimum number of residential dwelling units required to be provided within a life/care facility shall be equal to at least 10 percent of the total number of living units provided in the facility, or the total square footage of all residential dwelling units shall equal a minimum of ten percent of the gross square footage of the structure, whichever option would result in the greatest number of residential dwelling units.

E.

Not allowed in Northwest Plan area. Life/care facilities are not allowed in the Northwest Plan area in compliance with the impaction policies of the General Plan (See Policies 14.5 and 14.6).

F.

Site layout and building standards.

1.

Setbacks.

a.

Except in the PS zoning district, each proposed structure shall comply with the multi-family development standards for the applicable zoning district (e.g., City of Gardens or Urban Housing.)

b.

If the proposed location is within the PS zoning district, the development standards shall be established through the Conditional Use Permit, in compliance with Section 17.61.050.

2.

Site coverage.

a.

Structures. The total ground floor area of all structures other than open carports shall comply with the site coverage limitations of the applicable zoning district.

b.

Landscaping and open space. A minimum of 30 percent of the total site shall be maintained as landscaping and open space.

3.

General design principles.

a.

Each structure shall be compatible in style, color, materials, height, and scale with the general character of the neighborhood.

b.

The building design and site layout shall define semi-public, semi-private, and private spaces; ensure a sense of protection and community identity; and minimize barriers to handicapped or elderly persons.

G.

Accessory retail and service uses. A life/care facility may include accessory and retail service uses (e.g., barber and/or beauty shop, pharmacy, etc.) as determined to be appropriate by the review authority, as long as the use is limited to the residents of that facility.

H.

Common facilities. The life/care facility shall be designed to provide common facilities (e.g., meeting rooms, recreation rooms and facilities, etc.) as required by applicable State and Federal regulations and licensing requirements, and as determined to be appropriate by the review authority.

I.

Security lighting plan required. A security lighting plan shall be submitted by the applicant and approved by the City.

J.

Safety equipment required. Indoor common areas and individual living units shall provide necessary safety equipment (e.g., safety bars) as well as emergency signal and intercom systems, subject to approval by the City.

K.

Transit. The following transit facilities and services shall be provided for the residents as determined to be appropriate by the review authority.

1.

A bus turnout and shelter along the street frontage; and/or

2.

A private dial a ride transportation shuttle.

A.

Applicability. The following regulations apply to live entertainment when associated with a commercial entertainment, commercial recreational -indoor or a bar or tavern.

B.

Limitation on type of entertainment.

1.

The type of live entertainment provided shall only be that type approved under the Conditional Use Permit or Expressive Use Permit.

2.

If another type of entertainment is proposed, a new Conditional Use Permit or Expressive Use Permit shall first be obtained.

C.

Location of entrances and exits. No entrance or exit shall face a residential use.

D.

Litter control. Each disposable item provided by the establishment shall be printed with the name of the establishment. The applicable review authority may impose a condition requiring a litter cleanup program if it is determined that the proposed use may create a litter problem.

(Ord.7078 § 9, 2006; Ord. 7064, § 7 (a—c), 2006)

A.

Purpose. The purpose of this Section is to ensure compatibility between the bed and breakfast inn and nearby residential uses and provide an incentive for designation as a landmark.

B.

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

C.

Eligibility criteria. In order for a structure to be eligible for a Minor Conditional Use Permit for use as a bed and breakfast inn, the following conditions shall be met:

1.

The structure shall be located in a RM-16, RM-16-1, RM-32, or RM-48 multi-family residential or a CO, CL or CD zoning district; and

2.

The structure shall be designated as a landmark.

D.

Exterior appearance. The exterior appearance of the structure housing the bed and breakfast inn in a residential zoning district shall not be altered from its original residential character except for allowed signs, and any structural modifications necessary to comply with Title 24 of the California Code of Regulations.

E.

Limitation on guest rooms. The bed and breakfast inn shall be limited to a maximum of five guest rooms.

F.

Limitation on services provided.

1.

Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only.

Separate/additional kitchens for guests are not allowed.

3.

A bed and breakfast inn within a residential zoning district shall not be used for private parties, receptions, or similar activities, unless the activities are specifically authorized by the Conditional Use Permit approval for the bed and breakfast inn, in compliance with Section 17.61.050.

G.

Off-street parking.

1.

Off-street parking shall be provided at a ratio of one space for each guest room, plus two covered spaces for the on-site owner/manager of the bed and breakfast inn.

2.

Parking shall not be located in a front and/or corner side yard setback, including yard areas that may exceed the minimum setback requirements.

3.

Any night lighting for the parking area shall be limited to the minimum number of fixtures and illumination levels determined to be necessary for safety, and shall comply with Section 17.40.080 (Outdoor Lighting).

H.

On-site management. A manager shall be present on the site at all times.

I.

Signs. See Chapter 17.48.

17.50.150 - Lodging - Hotels and Motels

A.

Minimum lot size outside the CD zoning district. The minimum lot size for hotels or motels located in the CG zoning district, the East Pasadena Specific Plan and the East Colorado Specific Plan, shall be 25,000 square feet.

B.

Parking in the CD zoning district. Parking for hotels or motels located in the CD zoning district shall only be within an underground facility or parking structure.

C.

Maximum number of kitchens allowed.

1.

A maximum of 60 percent of the guest rooms in a hotel or motel may contain a kitchen, as that term is defined in Article 8 (Glossary of Specialized Terms and Land Use Types).

A Minor Conditional Use Permit may be approved to modify this provision in compliance with Section 17.61.050.

D.

Minimum stay required. Hotel and motel guest rooms shall not be provided on less than a daily basis. (See definition of "Lodging (land use)" in Article 8 [Glossary of Specialized Terms and Land Use Types]).

A.

Applicability. The following standards apply to Low Barrier Navigation Centers.

B.

Allowed Zones.

1.

Low Barrier Navigation Centers shall be allowed as a permitted use in all zones permitting mixed-use development and commercial zones permitting multifamily development, subject to the operational requirements of this section. Low Barrier Navigation Centers that do not meet the operational requirements below shall be subject to a Minor Conditional Use Permit.

C.

Operational requirements.

1.

Low Barrier Navigation Centers shall be operated by a program operator. "Program Operator" means an agency or organization that facilitates, administers, oversees, and provides staffing for the Low Barrier Navigation Center.

2.

Low Barrier Navigation Centers shall allow individuals seeking shelter, their partners and family (if not a populationspecific site, such as for survivors of domestic violence or sexual assault, women, or youth), each of whom shall be considered a "client", and pets belonging to the aforementioned individuals.

3.

Low Barrier Navigation Centers shall offer services to connect clients to permanent housing through a services plan that identifies services and staffing;

4.

Low Barrier Navigation Centers shall be linked to a coordinated entry system, allowing facility staff to conduct assessments and provide services to connect clients to permanent housing;

i.

"Coordinated entry system" is generally defined as a centralized or coordinated assessment system developed by the Continuum of Care that addresses the needs of individuals and families for housing and services, and any related requirements, designed to coordinate client intake, assessment, and referrals.

Low Barrier Navigation Centers shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code;

6.

Low Barrier Navigation Centers shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

7.

Low Barrier Navigation Centers shall be available to clients for no more than twelve continuous months.

8.

Lodging and meals shall be provided only for clients, clients' pets if any, paid staff and volunteers.

9.

A minimum of one paid staff shall be present whenever clients are present.

10.

A storage area or locker of at least eight square feet shall be provided for each bed.

11.

Parking areas shall have lighting to provide security for clients, visitors and employees.

12.

For dormitory-style areas and/or sleeping areas containing two or more beds, partitions for each bed shall be provided for privacy.

13.

A refuse storage area shall be provided in accordance with Section 17.40.120 (Refuse Storage Facilities) and litter shall be removed daily along streets and alleys directly abutting the site.

14.

The program operator shall have a written management plan subject to the review of the Zoning Administrator. It shall include provisions for staff training, neighborhood outreach, security, screening of clients to ensure compatibility with proposed services provided, counseling, particularly for assisting in finding permanent housing and a source of income, training and treatment programs for clients, drug and alcohol dependency referrals and an exit strategy. The written management plan shall additionally include a narrative section describing compliance with each of the above operational requirements.

(Ord. No. 7414, § 7, 9-11-2023)

17.50.155 - Massage Establishments

A.

500-foot separation required. A massage establishment shall be a minimum of 500 feet from another massage establishment, personal services restricted use, pawnshop or sexually oriented business.

B.

250-foot separation required. A massage establishment shall be a minimum of 250 feet from a residential district. This requirement shall not apply to Planned Development zoning districts.

C.

How to measure separation. The distance separation between the above identified uses shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a massage establishments to the closest property line of another structure used as another massage establishments, personal services restricted use, pawnshop, sexually oriented business or residential district.

D.

Other permit requirements. A massage establishment shall comply with the permit requirements of Chapter 5.48 (Massage Establishments).

(Ord. 7135, § 8, 2008)

A.

Purpose and applicability. The purpose of this Section is to ensure compatibility between the different land uses (e.g., residential and commercial) operating within a mixed-use project. The requirements of this Chapter shall apply to mixeduse projects not regulated by Article 3 (Specific Plans). All standards for development of mixed-use projects in an adopted Specific Plan area shall be regulated by the applicable specific plan.

B.

Zoning district standards. The density, floor area ratio (FAR), height, and street setbacks for a mixed-use development project shall be determined by the underlying zoning district.

C.

Commercial structure required. When the residential units are located above the commercial uses, the structure shall be treated as a commercial type of structure for front and corner setbacks and no interior side setbacks shall be required. No rear yard setback is required unless specified for commercial uses.

D.

Hours of operation. Outside the Central District the commercial portion of projects shall comply with the Limited Hours of Operation requirements (Section 17.40.070), if applicable.

E.

Commercial uses along street frontages.

1.

Commercial uses shall be located along street frontages and have a minimum depth of 50 feet. The Zoning Administrator may reduce the commercial uses for a secondary street.

2.

On corner lots, the commercial space shall turn (wrap around) the corner for a minimum depth of 50 feet.

3.

The Zoning Administrator shall determine the primary frontage for purposes of compliance with this Subsection.

4.

On double-frontage lots, commercial uses shall be located along both street frontages.

5.

Projects within the Central District shall comply with Figure 3-4 (Ground Floor Concept).

F.

Ground floor residential units allowed. Ground floor residential dwelling units located along secondary streets are allowed only if the structure is located on a corner lot.

G.

Ground floor height. Projects located in the Central District shall comply with the minimum ground floor height requirements of Table 3-2.

H.

Community space requirements.

1.

Community space defined.

a.

Community space shall include both indoor/interior space and outdoor open space.

b.

Community space can be in the form of private open space (e.g., balconies) or common open space (e.g., pool or side or rear setback areas.)

c.

An indoor recreational room of up to 600 square feet may be credited toward fulfilling this community space requirement.

d.

A utility easement may be credited toward fulfilling this community space requirement if it is properly landscaped in compliance with Chapter 17.44 (Landscaping).

2.

Minimum space per unit. Each development project shall provide a minimum of 150 square feet of community space for each dwelling unit.

3.

Front and/or corner side setbacks do not count. Required front and/or corner side setbacks shall not be credited toward fulfilling this community space requirement.

Private open space.

a.

The private open space shall not exceed 30 percent of the total requirement for community space.

b.

Each private open space shall have a minimum six-foot dimension.

c.

This maximum 30 percent requirement may be modified by not more than five percent if determined to be necessary during Design Review.

5.

Community open space. Each community open space shall have at least one minimum dimension of 15 feet and the other dimensions shall be at least six feet, except for private open space (e.g., balconies or patios).

I.

Balconies.

1.

Balconies may project no closer than six feet to an interior or rear property line and four feet into a front or corner side setback.

2.

Balconies shall have a minimum dimension of six feet in order to count as required open space.

3.

Balconies that are designed to project over the public right-of-way shall have prior approval from the Department of Public Works.

J.

Inclusionary housing requirements. Mixed-use projects shall be subject to the inclusionary housing requirements of Section 17.42.040 (Inclusionary Unit Requirements).

K.

Parking.

1.

Location. The mixed-use project may have parking located at grade level behind the ground floor commercial/residential uses on the street frontage.

2.

Number of parking spaces required. For new development projects, parking shall be provided in compliance with Table 4-6 for both the residential component and the commercial component. A minimum of one off-street parking space shall

be located on-site for each residential unit in a new project.

3.

Guest parking required. Guest parking shall be provided for the residential units in compliance with Table 4-6 (Off-Street Parking Space Requirements — multi-family dwelling units).

4.

Off-site spaces. All other parking spaces designed to serve the residential units may be located off-site with a long-term parking lease agreement in compliance with Subparagraph 17.46.020 I. (Location and ownership).

5.

Distance requirements. Off-site parking for residential units shall meet the distance requirements for commercial customer/visitor spaces.

6.

Conversion of existing structures. Conversions of existing structures (including additions) may provide parking for the residential units off-site as long as they meet the distance requirements and there is a long term parking lease agreement all in compliance with Subparagraph 17.46.020 I. (Location and ownership).

7.

Overnight parking permits not allowed.

a.

Up to one overnight street permit may be issued for each approved off-street parking space converted to an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 17.50.275. In all other instances, City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with these regulations.

b.

Residential tenants shall be advised of the unavailability of on-street overnight parking permits.

L.

Lighting. Lighting for commercial uses shall be appropriately shielded to not negatively impact the residential units.

M.

Noise notification.

1.

Residents of a mixed-use development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area.

2.

The signature of the residents shall confirm receipt and understanding of this information.

N.

Loading.

1.

Off-street loading. Off-street loading areas shall be located as far as possible from the residential units and shall be completely screened from view from the residential portion of the project.

2.

Loading and unloading of household goods. If the loading of furniture and household goods for the residential units is to occur on the street, it shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.

O.

Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

(Ord. No. 7420, § 5, 4-15-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7099, § 32, 2007)

17.50.170 - Office Uses in Designated Historic Resources

A.

Purpose. The provisions of this Section allow structures of historical significance that are located in specified residential zoning districts to be used for business and professional offices.

B.

Limitation on use. The reuse of structures in compliance with this Section shall be limited to those uses included under the definition of "Office, Administrative Business Professional (land use)" in Article 8 (Glossary of Specialized Terms and Land Use Types).

C.

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.

D.

Eligibility criteria. In order for a structure to be eligible for a Minor Conditional Use Permit for the reuse of a designated historic resource, the following conditions shall be met:

1.

The structure shall be located in an FGSP-RM-12, RM-16, RM-16-1, RM-32, RM-48, WGSP-1 or WGSP-2 zoning district; and

2.

The structure shall be designated as a landmark or listed individually on the National Register of Historic Places.

E.

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

Any modifications to the exterior of the structure shall be subject to review and approval by the Historic Preservation Commission for consistency with the Secretary of the Interior's standards.

2.

The hours of operation of any business shall be limited to 7:00 a.m. through 8:00 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 building wall, and shall not exceed a height of four feet measured from existing grade. Any freestanding sign 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 17.40.080 (Outdoor Lighting).

5.

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

6.

Any structure with over 3,000 square feet of gross floor area shall provide at least one residential unit on the premises. Any bungalow court shall retain at least one bungalow as a residential unit.

F.

Parking. Parking shall be provided as required by Chapter 17.46 (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 or corner side setback areas of a corner lot.

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. 7057, § 17 (a, b), 2006)

A.

Outdoor display and storage.

Where allowed. Outdoor display and storage of equipment, materials, merchandise, and storage bins may be authorized through Conditional Use Permit approval in the OS and PS zoning districts and are allowed by right in the CD, CG, and CL zoning districts.

2.

Standards. Where allowed, outdoor display and storage of equipment, materials, merchandise, or storage bins shall be in compliance with the following standards:

a.

Screening. Except for the land uses listed in Subparagraph d. (Exceptions to screening requirements), below, outdoor display and storage (including bins) areas shall be screened from view of public rights-of-way (not including freeways) and from adjacent residentially zoned property by a solid masonry wall or concrete fence. The height of the wall or fence shall be the maximum allowed by the applicable zoning district.

b.

Limitation on display and storage areas.

(1)

An outdoor storage area shall not exceed 50 percent of the total area of the site except where landscaping is provided in addition to the required setbacks in compliance with Subparagraph (2) below.

(2)

The additional landscaping shall be equal to at least 10 percent of the area of storage that is over the 50 percent of total site area, and shall be located on the outside of the required solid masonry screening wall(s).

(3)

The Zoning Administrator shall determine the location and distribution of the additional landscaping in order to ensure that the landscaping reduces the impact of the solid masonry wall(s).

(4)

No outdoor display or storage of equipment, materials, merchandise, or storage bins shall be located within a parking space or parking lot.

c.

Height of stored materials. If visible from the public right-of-way, the height of equipment, materials, merchandise, or storage bins stored or displayed shall not exceed the height of the screening wall or fence.

d.

Exceptions to screening requirements. Notwithstanding the provisions of this Subsection, outdoor display and storage shall be allowed only in conjunction with the following land uses in zoning districts where these land uses are allowed.

(1)

Nurseries and commercial growing grounds; provided the outdoor display and storage is limited to plants only;

(2)

Vehicle services - sales and leasing; provided the outdoor display and storage is limited to passenger vehicles offered for sale or rent; and

(3)

Farmers' markets.

3.

Special standards for the outdoor display of merchandise. The outdoor display of merchandise shall be allowed in the CD, CG, CL, and IG zoning districts in compliance with the following additional standards:

a.

The merchandise shall:

(1)

Not be located on the public right-of-way (including sidewalks); and

(2)

Be brought in only during hours that the business is not open.

b.

The sale of the merchandise shall be associated with a specific business located on the subject site.

c.

The outdoor display shall not:

(1)

Be located in the parking lot or in a landscaped area; and

(2)

Cover more than 50 percent of the structure's frontage.

d.

No temporary signs (except price signs) shall be displayed.

4.

Special standards for the outdoor storage of materials. The outdoor storage of materials shall be allowed in the CD, CG, and IG zoning districts in compliance with the following additional standards:

a.

The storage area shall be located to the rear of the lot and shall be screened by a solid masonry wall with a stucco finish if it faces a street;

b.

The wall shall not exceed six feet in height and shall be located outside of any required setback areas; and

c.

The outdoor storage area shall not exceed 50 percent of the total area of the site unless additional landscaping is provided in compliance with Subparagraph 2. b., above.

B.

Storage of junk materials, goods, wares, or merchandise.

1.

Junk materials prohibited. No junk materials, goods, merchandise, or wares shall be stored or collected in any residential zoning district.

2.

Building materials allowed. Building materials to be used in the construction of any structure in any zoning district may be temporarily stored on the premises where the structure is to be built or renovated for not to exceed 60 days in advance of the commencement date of construction. In the event of any failure to proceed promptly with construction, the City shall serve written notice upon the owner requiring the removal of the building materials. A site may temporarily store construction equipment intended for off-site construction for a 60-day period only. A site may be used more than once or the 60-day limit may be extended upon approval of a Conditional Use Permit granted in compliance with Section 17.61.050. Before issuance of a Certificate of Occupancy, or a temporary Certificate of Occupancy, all building materials shall be removed from the subject lot.

C.

Seasonal merchandise sales. Seasonal merchandise sales shall be conducted in compliance with the following standards.

1.

Duration. The maximum duration of seasonal merchandise sales shall be 45 days at one location.

2.

Hours of operation. Seasonal merchandise sales shall be allowed on a daily basis and may operate only between the hours of 7:00 a.m. and 10:00 p.m.

3.

Parking. Parking at a ratio of one space for each 2,000 square feet of lot area used for seasonal merchandise sales shall be provided.

4.

Temporary structures and signs. Temporary structures and signs shall be subject to the review and approval of the Zoning Administrator.

5.

Site cleanup. After the seasonal merchandise sales event is completed or after 45 days from the initial occupancy of the site, whichever first occurs, all associated structures and trash shall be removed from the site within 24 hours.

Temporary Use Permit required. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required if any of the above standards are not met.

A.

Personal Property Sales Permit required.

1.

No person may sell or dispose of personal property at a charity bazaar, garage sale, religious assembly use, yard sale, or similar event in an RS or RM zoning districts without first obtaining a Personal Property Sales Permit.

a.

The permit shall be obtained at least 24 hours before the proposed sale.

b.

Mailed applications shall be postmarked at least 72 hours before the proposed sale.

2.

The permit process is administered by the City's Code Enforcement Staff.

B.

Application requirements. An application for a Personal Property Sales Permit shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Personal Property Sales Permit or as may be required by the Director.

C.

Standards. Personal property sales shall comply with the following standards:

1.

Personal property only. Items offered for sale for profit shall be limited to personal property not acquired for resale, owned by the applicant who shall be the resident of the dwelling where the sale is to be conducted.

2.

If nonprofit organization joins in application. Personal property from several donors may be sold only if a nonprofit organization joins in the application and states that it will receive the entire net proceeds from the sale.

3.

Signs. One temporary on-site sign advertising the sale, not exceeding four square feet in area, is allowed during a sale.

4.

Limitation on number and duration of sales. A Personal Property Sales Permit shall be issued for a maximum of two sales, each not exceeding three consecutive days, for each site within any 12-month period.

5.

Display of merchandise. Merchandise shall not be displayed on fences, walls, or the public right-of-way.

(Ord. 7169, § 20, 2009)

17.50.200 - Personal Services - Restricted and Pawnshops

A.

500-foot separation required. A personal services restricted use or pawnshop shall be a minimum of 500 feet from another personal services restricted use, pawnshop or massage establishment.

B.

How to measure separation. The distance between any structure used as a personal services restricted use or pawnshop and another structure used as a personal services restricted use or pawnshop shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a personal services restricted use or pawnshop to the closest property line of another structure used as a personal services restricted use or pawnshop.

(Ord. 7135, § 9, 2008)

17.50.210 - Private Residential Recreational Facilities

A.

Allowed outdoor lighting. Golf facilities, sport courts, and other recreational facilities in conjunction with a single-family dwelling or residential project may have outdoor lighting only with a Minor Conditional Use Permit approved by the Hearing Officer in compliance with Section 17.61.050.

B.

Compliance with Section 17.40.080. Any approved lighting shall comply with the requirements of Section 17.40.080 (Outdoor Lighting).

C.

Allowed fences. Fences allowed in conjunction with the recreational facilities (e.g., tennis court), shall be reviewed through the Minor Conditional Use Permit required for the recreational facility, in compliance with Section 17.61.050. The Minor Conditional Use Permit shall determine the height, location, and materials of the fence.

(Ord. 7099, § 35, 2007)

17.50.220 - Recycling Facilities

A.

Small collection facilities.

1.

Applicable facilities. The facility shall only be established in conjunction with a commercial, community, or publicly owned facility.

2.

Permit requirements. The location and type of the facility on the site shall be subject to the approval of a Conditional Use Permit issued in compliance with Section 17.61.050.

Location. The facility shall be located on a site that is a minimum of two acres and shall be:

a.

Within an enclosed structure;

b.

At least 200 feet from any residential use, child day-care centers, large and small family day-care homes, park and recreation facility, public or private school, or religious facility (excluding temporary uses), that existed before the establishment of the recycling facility; and

c.

At least 100 feet from any public right-of-way.

4.

Limitation on number. There shall be no more than one facility for each site.

5.

Size of facility. The maximum height of the bins, boxes, and/or containers shall be reviewed through the Conditional Use Permit process.

6.

Materials of construction. The facility shall be constructed and maintained with durable waterproof and rustproof material, and the bins, boxes, or containers shall be covered and contained in such a manner that they do not present a danger to the public health, safety or welfare.

7.

Site maintenance. The site shall be kept clean and maintained in a litter-free condition at all times.

8.

Identification of allowed materials. The facility shall be clearly marked to identify the type of materials to be deposited.

9.

Signs. Signs shall be reviewed during the Conditional Use Permit process and shall comply with Chapter 17.48 (Signs).

10.

Hours of operation. The hours of operation shall be limited to 9:00 a.m. to 4:00 p.m., Monday through Saturday. The hours may be extended to 7:00 p.m. during Daylights Saving Time through the Conditional Use Permit approval process.

B.

Large collection facilities.

1.

Permit requirements. The location and type of the facility on the site shall be subject to the approval of a Conditional Use Permit issued in compliance with Section 17.61.050.

Location. The facility shall be located:

a.

Within an enclosed structure;

b.

At least 200 feet from any, residential use, child day-care centers, large and small family day-care homes, park and recreation facility, public or private school, or religious facility (excluding temporary uses), that existed before the establishment of the recycling facility; and

b.

At least 100 feet from the nearest residential use.

3.

Storage requirements.

a.

All storage of material shall be in sturdy containers or enclosures with tightfitting covers, which are secured and maintained in good condition, or shall be baled or pelletized.

b.

The depositing of materials on the ground is prohibited.

c.

Storage containers for flammable material shall be constructed of nonflammable material.

d.

Oil storage shall be in containers approved by the Fire and Health Departments.

4.

Performance standards. The facility shall comply with the environmental performance standards of Section 17.40.090.

5.

Identification and signs. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and information signs shall meet the sign standards for the zoning district in which the facility is located.

6.

Allowable materials. Recyclable materials shall be presorted and shall include no hazardous materials.

7.

Hours of operation. The hours of operation shall be limited to 9:00 a.m. to 4:00 p.m., Monday through Saturday. The hours may be extended to 7:00 p.m. during Daylights Saving Time through the Conditional Use Permit approval process.

8.

Maintenance. The site shall be maintained free of litter and any other unsanitary materials and shall be cleaned of debris on a daily basis. The facility shall be maintained free from rodents at all times.

C.

Standards for all recycling facilities.

1.

Sorting areas enclosed. Recycling facilities shall be located within the footprint of the host retailer or within an attached or freestanding enclosure to contain the sorting and weighing areas.

2.

Public Right-of-Way. Recycling facilities shall be no closer than 100 feet from the public right-of-way.

3.

Separation from sensitive uses. Each facility shall be a minimum of 200 feet from any residential use, child day-care centers, large and small family day-care homes, park and recreation facility, public or private school, or religious facility (excluding temporary uses), that existed before the establishment of the recycling facility.

4.

Obstructions to Vehicular or Pedestrian Circulation. Recycling facilities shall not obstruct pedestrian or vehicular circulation.

5.

Owner/Operator Identification. The recycling facility shall be clearly marked with the name and telephone number of the operator during business hours and when closed. No person shall install or maintain a recycling facility without first registering the facility with the City. Such registration shall be in writing by the owner of the recycling facility or his/her authorized agent, shall be filed with the Director of Planning & Community Development, and shall contain the name, address and telephone number to whom any notice should be given pursuant to this chapter.

6.

Materials of Collection Bins. The recycling facility shall use receptacles that are constructed and maintained with durable waterproof and rust proof material, covered when not attended, and secure from unauthorized entry.

7.

No Outside Storage. No materials shall be stored or placed in a manner so as to cause a public nuisance. All recyclable materials shall be stored in receptacles or in the mobile recycling unit vehicles, and shall not be left outside of receptacles when the attendant is not present.

8.

Refuse Bins Available. There shall be a minimum of one trash container (separate from the trash container required for the principal use) located within 10 feet of the facility.

9.

Identification of Allowed Materials. Small-collection facilities shall accept only CRV materials including glass, metals, plastic containers. Items shall be presorted and shall include non-hazardous materials. The operator shall post a notice to alert patrons of accepted materials and the presorting requirement.

10.

Water Quality. Recycling facilities shall provide containers without perforations, mesh, or holes for liquid disposal, and shall require customers to dispose of any residual liquids from CRV containers prior to placing in transferring and weighing area.

11.

Waste Management Plan. All applications to establish a Recycling Facility will require a Waste Management Plan describing how the facilities will reduce, collect and dispose of all liquid waste generated from the use. The plan must be reviewed and approved by the Director of the Department of Public Works. The Waste Management Plan shall include, but not limited to, the following: 1) storage and disposal methods for solid and liquid waste materials; 2) liquid waste spill response control measures, and 3) placement of solid and liquid waste receptacles. At all times while the facility is in existence, the applicant shall comply with the approved Waste Management Plan.

12.

Litter/Debris Removal Plan. A litter/debris removal plan is required to be submitted in conjunction with the CUP application and shall be incorporated into the conditions of approval. Applicants shall maintain the area within a 200 ft. radius of the recycling facility free of litter and debris. At all times while the facility is in existence, the applicant shall comply with the approved Litter/Debris Removal Plan. The Litter/Debris Removal Plan shall include, but not be limited to, the following: 1) litter/debris monitoring schedule; 2) storage and disposal methods for litter/debris; and 3) cleaning procedure (i.e. sweeping, pressure wash) and schedule. The plan must include the area within a 200 ft. radius of the recycling facility and be reviewed and approved by the Director of the Department of Public Works in order for the application to be considered complete.

13.

Screening/Landscaping. All operational aspects of Recycling Facilities shall be screened to the maximum extent feasible. A Screening Plan shall be submitted in conjunction with all applications for Recycling Facility Conditional Use Permits.

14.

Nonconforming Facilities. Small and large collection recycling facilities which are lawfully in existence as of March 1, 2015, and which are not in compliance with this chapter are considered non-conforming and shall be removed or brought into compliance with said regulations by receiving entitlements on or before September 1, 2015, and by implementing site plan modifications on or before November 1, 2015.

(Ord. 7255 § 12, 2015; Ord. 7099, § 33, 2007)

A.

Development Standards. The following standards apply to the provision of off-street parking areas intended for unhoused individuals and families with vehicles. Such parking is intended to be a safe place for temporarily parking overnight to facilitate the transition to permanent housing.

1.

In residential zoning districts.

a.

The development standards for religious assembly uses located in residential zoning districts shall be as specified in the Conditional Use Permit, issued in compliance with Section 17.61.050, except that the interior side setback shall be a minimum of 15 feet and the rear setback shall be a minimum of 25 feet.

b.

The front and corner side setbacks shall be the same as that required for an allowed use.

2.

In commercial zoning districts. The development standards for religious assembly uses located in commercial zoning districts shall be in compliance with the subject zoning district.

B.

Storefront windows and doors. If the use is proposed to be located in an existing structure, any storefront windows and doors shall remain. All windows shall be transparent.

C.

Hours of operation for accessory uses. Uses accessory to a religious assembly use in an R district other than temporary homeless shelters and Safe Parking may only operate between 9:00 a.m. and 9:00 p.m. by right; and between 9:00 p.m. and 9:00 a.m. subject to a Conditional Use Permit issued in compliance with Section 17.61.050. Safe Parking uses are subject to the standards outlined in Section 17.50.265.

D.

Columbariums. A columbarium in conjunction with a religious facility shall comply with the following requirements.

1.

Location on site. The columbarium shall not project beyond the front foot of the building occupancy of the religious facility.

2.

Enclosure required within residential zoning districts. A columbarium within a residential zoning district shall be located only within a structure enclosed on all sides.

3.

Standards for outdoor facilities. A columbarium located outside of a structure shall comply with the following requirements.

a.

The columbarium shall be set back a minimum of 20 feet from each property line, but shall be set back 100 feet from any property line abutting a residential use or a residential zoning district.

b.

The height of the columbarium shall not exceed eight feet. A masonry wall with a minimum height of six feet shall screen the columbarium from streets and adjacent lots.

c.

Landscaping shall be provided at a ratio of two square feet of landscaping for each square foot of columbarium area.

Parking requirements. The religious facility shall provide the minimum number of parking spaces required in Chapter 17.36 (Parking and Loading).

5.

Contact information. The name, address, and telephone number of the individual, owner, board of trustees, or designated caretaker responsible for the maintenance of the columbarium shall be kept on record in the office of the religious assembly use.

6.

Relocation after closure of religious facility. Upon discontinuance of the religious assembly use, the columbarium shall be relocated in compliance with all applicable State laws.

E.

Temporary homeless shelters. Where allowed by the applicable zoning district, a religious assembly use may use the site for a temporary homeless shelter without having to obtain a Conditional Use Permit if the following requirements are met:

1.

Within the residential zoning districts and the CO and PS zoning districts, the religious facility was authorized through Conditional Use Permit approval;

2.

No rent or fees of any kind are charged for the service offered to homeless persons;

3.

Except within commercial zoning districts, the facility that is used to house homeless persons accommodates a maximum of ten persons at any one time. Within commercial zoning districts, there is no limitation on the number of homeless persons that can be accommodated;

4.

Homeless persons reside at the facility a maximum of 60 days;

5.

Occupancy by homeless persons at the facility commences upon the religious facility receiving a Certificate of Occupancy; and

6.

The fee for a Certificate of Occupancy required by Municipal Code Chapters 14.37 and 17.16 shall not be required of a religious facility that seeks a Certificate of Occupancy for a temporary homeless shelter.

F.

Affordable Housing Units on Religious Facility sites. Where allowed by the applicable zoning district, a site owned and operated by a religious assembly may develop affordable housing units, subject to the following standards and consistent with Chapter 17.43 (Density Bonus) and state law. Where the development standards of the zoning district conflict with this subsection, the standards outlined in this subsection shall control.

1.

The religious facility is a nonprofit organization that has owned and operated all parcels proposed for development for a minimum of five years prior to the application date for a proposed affordable housing project. Eligible sites include:

a.

Parcels developed with an existing religious facility use on-site, or

b.

Parcels in commercial or RM zones that are adjacent to or contiguous with a parcel developed with an existing religious facility use.

2.

The maximum residential density is 36 dwelling units per acre.

a.

Affordable housing projects proposing no more than 75 total dwelling units are permitted.

b.

Projects exceeding 75 total dwelling units may be permitted with approval of a Minor Conditional Use Permit, consistent with Section 17.61.050.

3.

The development standards of the zoning district shall apply, with the following exceptions:

a.

Community space shall be provided consistent with Section 17.50.160.H (Mixed-Use Projects).

b.

Existing structures may be adaptively reused for affordable residential units without providing the required community space.

c.

All projects shall utilize the encroachment plane requirements of Section 17.40.160.D.3 when abutting an RS-zoned parcel.

d.

The number of existing parking spaces on-site for religious assembly use may be reduced by up to 50 percent to accommodate residential development. The remaining parking may be shared by the religious assembly use and residential use.

e.

The required parking for residential uses shall be one vehicle space per unit, unless the parcel is located within one-half mile walking distance of public transit. "Public transit" means either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.

4.

Predevelopment Plan Review shall be required for all affordable housing projects proposed under this subsection, consistent with the requirements of Section 17.60.040.C.

5.

Rental housing units developed under these provisions shall be subject to the following affordability requirements:

a.

A minimum of 80 percent of the units shall be rented to low-income households; the remaining units shall be rented to workforce income households (earning up to 150% of AMI); and

b.

Income-restricted units for rent shall be subject to an affordability covenant for the time limits described in Section 17.42.070.C (Inclusionary Housing Requirements).

6.

For-sale housing units developed under these provisions shall be subject to the following affordability requirements:

a.

A minimum of 80 percent of the total number of units in the project shall be sold to moderate-income households; the remaining units shall be sold to workforce income households (earning up to 150% of AMI); or

b.

A minimum of SO percent of the units shall be sold to low-income households; the remaining units shall be sold to workforce income households (earning up to 150 percent of AMI); and

c.

Income-restricted units for sale shall be subject to an affordability covenant for the time limits described in Section 17.42.070.C (Inclusionary Housing Requirements).

d.

Projects shall be reviewed to determine historic eligibility and contributing/noncontributing status (if applicable), consistent with Chapter 17.62 (Historic Preservation) and the Secretary of the Interior standards.

(Ord. No. 7414, § 9, 9-11-2023; Ord. No. 7402, § 2, 9-19-2022)

A.

Applicability. The following standards apply to Research and Development facilities, as defined in Article 8 (Glossary of Specialized Terms and Land Use Types).

B.

Height and appurtenance roof coverage provisions.

Height limits. The height limit of the base zoning district may be exceeded by a maximum of 12 feet (excluding the appurtenance height) in order to accommodate additional mechanical equipment between floors.

2.

The height limit may exceed the maximum in Section 17.50.240.B.1 through the approval of a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.

3.

Appurtenance roof coverage. The allowable appurtenance roof coverage for research and development facilities may exceed the height limit by a maximum of 18 feet, for a maximum of 75 percent of the roof area.

4.

The appurtenance roof coverage and height may exceed the maximums in Section 17.50.240.B.2 through the approval of a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.

C.

Gross Floor Area. For the purpose of calculating floor area ratio (FAR), research and development facilities shall exclude mechanical space and appurtenances from gross floor area.

(Ord. No. 7418, § 5, 2-26-2024; Ord. 7160 § 47, 2009)

17.50.250 - Residential Uses - Accessory Uses and Structures

A.

Limitation on use. Accessory structures shall be limited to uses which are accessory to the main use, including but not limited to, cabana, garage or carport, gazebo, greenhouse, pergola, pool, or hot tub and related equipment, or workshop. An accessory structure shall not be used for sleeping quarters.

B.

Restricted items and facilities.

1.

Prohibited facilities. Bathtubs, fireplaces, and kitchens (full or partial) are prohibited within accessory structures.

2.

Allowed, but restricted facilities. Air conditioning, heating, shower, toilet, washtub, and/or washer and dryer facilities are allowed within accessory structures; however:

a.

When an accessory structure contains air conditioning, heating, shower, and/or toilet facilities, a covenant shall be required.

b.

The covenant shall state that the structure is an accessory structure and shall be maintained as an accessory structure and not be used for sleeping quarters or be converted to a residential use.

c.

The purpose of this covenant is to ensure that subsequent owners of the property are aware of the restrictions on the property.

3.

Attic area and stairs. The area above the ceiling joists may only be used as a storage area. This storage area shall be accessed only by a pull down stairs.

4.

Rooftop decks. Rooftop decks are prohibited.

5.

Other related items. Other related items not listed above may only be allowed if first approved by the Zoning Administrator.

C.

Timing of construction. An accessory structure shall not be constructed before the main structure.

D.

Limitation on location.

1.

An accessory structure shall not occupy a required front or corner side setback.

2.

An accessory structure may be located in a required side or rear setback; provided it is more than 100 feet from the front property line or in the rear 25 feet of the site.

3.

A lot abutting on the front 100 feet of a key lot shall maintain a minimum four-foot rear setback.

E.

Size, height, and setback requirements.

1.

Height limits.

a.

Nine-foot limit with two-foot setback. An accessory structure shall not exceed a height of nine feet, but only if located two feet from a property line.

b.

Nine-foot top plate. The height of the top plate of an accessory structure shall not exceed nine feet.

c.

Encroachment plane and setback. The overall height of an accessory structure (excluding the top plate height) may rise above the nine-foot height limit as it steps or slopes away from the two-foot initial setback, but shall not intercept an encroachment plane sloping inward from a point nine feet in height (beginning at the two-foot setback) and rising a maximum of one and one-half feet for each one foot of distance starting at the two-foot setback. See Figure 5-1.

==> picture [322 x 237] intentionally omitted <==

Figure 5-1 Encroachment Plane and Setbacks for Accessory Structures

d.

15-foot limit. An accessory structure may raise to, but shall not exceed, an overall height of 15 feet, but only in compliance with Subparagraph c., immediately above.

e.

Roof Pitch. Proposed accessory structures shall maintain a roof pitch equal to or within 1/12 of the predominant roof pitch of the existing primary dwelling. This requirement is not applicable to properties within an historic district, LD, HD, HD-1, or ND overlay zone.

f.

Materials. When visible from a public right-of-way, the exterior finish, trim, and roof materials shall be demonstrably similar to the finish, trim, and roof materials found on the primary structure or to materials found within properties along the blockface. This requirement is not applicable to properties within an historic district, LD, HD, HD-1, or ND overlay zone.

g.

Modification by Minor Conditional Use Permit. In order to achieve a design that is architecturally compatible with the main structure, the maximum height (including the top plate height) may be modified by a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.

h.

Modification by Historic Preservation Commission. Modification for historic resources. For designated landmarks or structures in a designated landmark or historic district, the maximum height (including the top plate height) of an accessory structure may be exceeded without a Minor Conditional Use Permit, but only if approved by the Director, and

only upon finding that the greater height is necessary in order to achieve a design that is architecturally compatible with the main structure.

2.

Length of structure walls.

a.

In order to prevent an excessive amount of structure located along a property line, the maximum horizontal length of an accessory structure that can be located less than five feet from the property line shall be limited to 22 feet.

b.

Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line.

F.

Separations between structures.

1.

Utility pole. When a utility pole is located on the same site as a proposed accessory structure, a minimum separation of at least four feet shall be maintained between the pole and the accessory structure.

2.

Other structures. An accessory structure, other than mechanical equipment, a hot tub, or a swimming pool, shall maintain a minimum separation of six feet from any other structure (excluding walls and fences) on the site. The separation shall be clear and unobstructed by any encroachments.

3.

Pools and hot tubs. Pools, hot tubs, and related equipment, and all mechanical equipment shall not be closer than five feet from a property line. The Zoning Administrator may modify this requirement for pool equipment when adjacent to an alley.

G.

Maximum floor area of accessory structures.

1.

Maximum Size.

a.

Projects using the RS standards. The maximum size of all accessory structures on a site shall no exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.

b.

Projects using the RM-12 standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater. However, an additional 200 square feet is permitted if used for covered parking.

c.

Projects using other multi-family standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.

2.

An accessory structure (or portion of an accessory structure) with a roof that is at least 50 percent open shall not be included in the calculation of the maximum allowable size. All other accessory structures shall be counted in the calculation of the maximum allowable size including carports, gazebos, or covered patio or porches. A basement below an accessory structure or a stand alone subterranean structure shall be included in the calculation of the maximum allowable size.

H.

Garages and carports.

1.

Attached garages. On a lot 50 feet in width or wider, an attached garage that is visible from the street shall not occupy more than 50 percent of the structure frontage of the main structure.

2.

Carports. A carport shall only be located behind the main structure and not visible from a public right-of-way, and shall not be allowed on a corner lot.

(Ord. No. 7435, § 18, 10-28-2024; Ord. 7372, § 10, 2021; Ord. 7371 § 5, 2021; Ord. 7160, § 48, 2009; Ord. 7099, § 34 (Exh. 23), 2007; Ord. 7057, § 18 (a, b), 2006; Ord. 7009, § 22, 2005)

A.

Performance Standards.

1.

Lighting. All restaurants shall comply with Section 17.40.080 (Outdoor Lighting).

2.

Hours of Operation. All restaurants shall comply with Section 17.40.070 (Limited Hours of Operation).

3.

Noise standards. All restaurants shall comply with Municipal Code Chapter 9.36 (Noise Regulations).

4.

Disposable Containers and Napkins. Fast food restaurants and restaurants with walk-up windows shall have the business name printed on all disposable containers and napkins.

B.

Bars areas. Bar areas shall be defined by a barrier approved by the Zoning Administrator.

C.

Fast Food, Formula Fast Food, and Drive-through Restaurants. See Section 17.50.090 (Drive-Through Businesses).

D.

Restaurants with Walk-up Windows.

1.

Orientation. A Minor Conditional Use Permit shall be required when the walk-up window directly faces residential structure on an abutting lot.

a.

Exception: A Minor Conditional Use Permit shall not be required when located on properties within the Central District Specific Plan or South Fair Oaks Specific Plan.

E.

Restaurants with Outdoor Dining.

1.

Separation Requirement. Outdoor dining areas shall be located on the same site as the restaurant.

a.

A Minor Conditional Use Permit shall be required when the outdoor dining area is in a parking lot and is located within 50 feet of a residential structure on an abutting lot in an RS or RM zoning district.

i.

Exception: A Minor Conditional Use Permit shall not be required when located on properties within the Central District Specific Plan or South Fair Oaks Specific Plan.

2.

Barriers. Outdoor dining areas, including those in a parking lot, shall be defined by landscaping or other barriers approved by the Zoning Administrator.

3.

Accessibility.

a.

The construction and operation of outdoor dining areas shall comply with applicable Americans with Disabilities Act (ADA) requirements.

b.

Dining areas shall not obstruct vehicular traffic aisles, loading spaces, or pedestrian pathways.

4.

Entertainment. Entertainment that would otherwise be allowed indoors, including amplified music, shall not be permitted in parking lot dining areas.

Parking. Parking shall be provided as required for applicable Zoning District, except no parking shall be required for the first 500 square feet of outdoor dining area, or 50 percent of the indoor dining area, including any bar area, whichever is greater.

a.

Parking lot dining. Parking spaces occupied by an outdoor dining area shall be replaced when the size of the outdoor dining area exceeds the exemption threshold in subsection 5 above, and only for the size above that threshold.

6.

Design Guidelines.

a.

Outdoor dining areas shall comply with the adopted Outdoor Dining on Private Property Design Guidelines, dated July 15, 2024, which is on file with the Department.

(Ord. No. 7435, § 18, 10-28-2024; Ord. 7099, § 36, 2007)

A.

Applicability. The following standards apply to the provision of off-street parking areas intended for unhoused individuals and families living in vehicles, including recreational vehicles. Such parking is intended to be a safe place for overnight shelter and services to facilitate the transition to permanent housing.

B.

Prohibited Locations. Safe Parking is prohibited on religious facility sites located in a RS or RM zone. On parcels with multiple zoning designations, Safe Parking is prohibited on any portion of the site zoned RS or RM.

C.

Application requirements.

1.

The program operator shall have a written management plan subject to the review and approval of the Zoning Administrator. The management plan shall include the following:

a.

Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior lighting, location and distances to residential properties, location of nearest public transportation, and location of designated overnight parking spaces.

b.

Hours of operation.

c.

Total number of vehicles to be served on-site.

d.

Maximum size of vehicles to be served on-site.

e.

Monitoring and oversight program.

f.

Neighborhood communications strategy plan, including contact information for the facility.

g.

Any other information deemed necessary by the Zoning Administrator to ensure compliance with the requirements of this section.

D.

Performance Standards.

1.

Case Management. The safe parking use shall be managed by a program operator that participates or is willing to participate in the Pasadena Continuum of Care Program and Coordinated Entry System and provides access or linkage to the Coordinated Entry System.

2.

Sanitation. Restroom, Water, and Trash Facilities shall be provided, maintained, and accessible to clients during safe parking facility hours.

3.

Authorized Vehicles Only. The Program Operator shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all clients to be displayed in vehicle windows in a form approved by the Zoning Administrator.

4.

Written Agreement. Only clients who have entered into a written agreement with the Program Operator shall be allowed to use parking spaces overnight. The written agreement shall include, but is not limited to, the following terms and conditions:

a.

Only one vehicle allowed per individual or family.

b.

Vehicles may only be occupied by clients and household members. Guests shall not be allowed.

c.

Vehicles permitted on-site may include recreational vehicles, as defined in Section 14.50.020.J. Such vehicles are exempt from the provisions of Section 14.50.040.29 pertaining to prohibited activities or conditions.

d.

No fires of any kind shall be allowed.

e.

No music may be played that is audible outside of clients' vehicles.

f.

No cooking or food preparation shall be performed by clients outside of their vehicles. Cooking inside of client vehicles is prohibited unless the vehicle was manufactured with cooking appliances.

g.

Camping tarps, tents, or other related equipment attached to or beyond the clients' vehicles are prohibited.

h.

Clients shall maintain control of animals. Animals shall be kept on a leash at all times. Animal waste shall be picked up immediately and disposed of properly.

i.

Clients shall not dump sewage or other waste fluids or solids outside a vehicle.

(Ord. No. 7414, § 8, 9-11-2023)

A.

Indoor classroom area. Indoor classroom area (exclusive of bathrooms, hallways, kitchens, offices, and other nonclassroom space) shall be 24 square feet for each child enrolled.

B.

Outdoor play area.

1.

In residential zoning districts, a minimum of 125 square feet shall be provided for each child enrolled.

2.

In nonresidential zoning districts, a minimum of 75 square feet shall be provided for each child enrolled.

3.

No outdoor play area shall be located within a required front or corner side setback or within 25 feet of a residential use.

C.

Traffic control plan. The applicant shall submit a traffic control plan showing how loading and unloading of school children will occur with minimum disruption to traffic.

D.

Noise. Each school shall be designed and operated to comply with the noise regulations of Municipal Code Chapter 9.36.

17.50.275 - Accessory Dwelling Units and Junior Accessory Dwelling Units

A.

Applicability.

1.

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit (ADU) or junior accessory dwelling Unit (Junior ADU) shall comply with the requirements of this section. In the event of a conflict between this section and applicable state law, state law shall prevail.

2.

The Director or his designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this section and any associated demolition permit within the time limits specified by Government Code Section 65852.2, 65852.22 or successor provisions.

B.

Location standards and number of units.

1.

Permitted zones. Accessory dwelling units are permitted in all zoning districts that permit single-family or multifamily dwelling residential uses on sites with at least one proposed or existing dwelling.

2.

Number of Units.

a.

For lots with an existing or proposed single-family dwelling:

(1)

One new construction ADU, detached or attached, which complies with the development standards set forth in 17.50.275 D and E. The ADU may be developed in conjunction with a Junior ADU; or,

(2)

One Exemption ADU which includes the following:

a)

One detached, new construction ADU with a maximum area of 800 square feet and minimum side and rear yard setbacks of four feet with a maximum height as set forth in 17.50.275 D.5.e. The Exemption ADU may be developed in conjunction with a Junior ADU; or,

b)

One detached conversion ADU within the existing space of a detached structure. May include an expansion of not more than 150 square feet beyond the same physical dimensions as the structure limited to accommodating ingress and egress in compliance with 17.50.275 D.5. Side and rear setbacks must be sufficient for fire and safety. The accessory dwelling unit may be developed in conjunction with a Junior ADU; or,

c)

One attached conversion ADU and one Junior ADU if all of the following apply:

i.

The ADU or Junior ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling including, but not limited to, an attached garage and other non-habitable space. The ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the attached garage or other nonhabitable space limited to accommodating ingress and egress as long as the total square footage for the ADU does not exceed 800 square feet.

ii.

The ADU or Junior ADU has exterior access from the proposed or existing single-family dwelling.

iii.

The side and rear setbacks are sufficient for fire and safety.

b.

For lots with an existing or proposed multi-family dwelling structure:

(1)

Exemption ADUs, which include the following:

a)

At least one ADU and up to 25 percent of the existing multifamily dwelling units may be created within the portions of the existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For mixed-use projects, areas used for non-residential uses and parking or storage for non-residential uses may not be converted to ADUs; and,

b)

Not more than two detached new construction or conversion ADUs. Rear and side setbacks must equal at least four feet. Maximum height shall be 16 feet; however, maximum height shall be 18 feet if: (i) the existing or proposed multifamily dwelling structure is a multistory structure; or (ii) the lot is located within one-half mile walking distance to a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, in which case an additional two feet may be added to match the roof pitch of the primary dwelling.

C.

Operational standards.

1.

Short-term rental prohibited. Any rental term of an accessory dwelling unit or Junior ADU that was legally created on or after January 1, 2017 shall be longer than 30 days.

2.

Sale of units. The accessory dwelling unit or Junior ADU may not be sold separately from the existing single-family home unless developed by a qualified nonprofit corporation in accordance with California Government Code Section 65852.26.

D.

Development standards. Except for Exemption ADUs, accessory dwelling units shall comply with all applicable development standards of the underlying zone (e.g., encroachment plane, floor area, lot coverage limits, setbacks, etc.) that apply to the primary residence and that do not conflict with this Section 17.50.275.

1.

Single-Family Sites.

a.

Unit size.

(1)

Minimum unit size. The accessory dwelling unit shall be no less than 150 square feet in size.

(2)

Maximum unit size - Exemption ADUs. Exemption ADUs in single-family sites include those described in 17.50.275.B.2.a.2.

a)

Detached new construction ADUs: Maximum area of 800 square feet

b)

Attached or Detached Conversion ADUs: No size limit.

c)

Junior ADUs: Maximum area of 500 square feet

(3)

Maximum unit size - Non-Exemption ADUs. Non-exemption ADUs in single-family sites include all newly constructed attached ADUs, and detached newly constructed ADUs which exceed 800 square feet in size or 16 feet in height or 18 feet, with up to a two foot extension in height to match the roof pitch of the primary dwelling, if located within a one-half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law.

a)

New construction detached ADU: Maximum area of 1,200 square feet.

b)

New construction attached ADU: Maximum area of 850 square feet for a studio or one-bedroom and 1,000 square feet for more than one bedroom;

2.

Sites with Multi-Family Buildings.

a.

Unit size.

(1)

Minimum unit size. The accessory dwelling unit(s) shall be no less than 150 square feet in size.

(2)

Maximum unit size - Exemption ADUs. Exempt ADUs in sites with multi-family buildings include those described in 17.50.275.B.2.b.1 and have no size limit.

3.

Hillside Overlay Districts (excluding properties in HD-1).

a.

Properties in Hillside Overlay Districts served by private or public rights-of-way up to 26 feet wide are allowed the following:

(1)

For conversions of existing attached space: No size limitation.

(2)

For conversions of existing detached space: No size limitation.

(3)

New construction detached ADU: As permitted under Exemption ADUs in 17.50.275.B.2.

(4)

New construction attached ADUs: Not permitted.

b.

Other properties in Hillside Overlay Districts are limited to a maximum of:

(1)

For conversions of existing attached space: No size limitation.

(2)

For conversions of existing detached space: No size limitation.

(3)

New construction attached ADU: 850 square feet for a studio or one-bedroom ADU and 1,000 square feet for more than one bedroom.

(4)

New construction detached ADU: Shall be limited to 1,000 square feet.

4.

Historic Properties. Non-Exemption ADUs in individually designated historic properties, Landmark or Historic Districts shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.

5.

Standards applicable to all ADUs.

a.

Setback requirements.

(1)

Front lot line. With the exception of Exemption ADUs, newly constructed ADUs shall comply with the front-yard setback requirements of the underlying zone.

(2)

Side and Rear Lot Lines: Four feet for newly constructed ADUs and expansions to converted ADUs. Any expansion of 150 square feet to accommodate ingress and egress shall have setbacks sufficient for fire and safety.

(3)

Conversions, attached and detached. No setbacks are required, except for fire safety, if:

a)

An existing structure is demolished and a new ADU is constructed in the same location and with the same dimensions and height as the existing structure.

b.

Building separation for non-exemption ADUs. A minimum building separation of six feet shall be maintained (eave to eave) between a newly constructed accessory dwelling unit from any other structure (excluding walls and fences) on the site.

c.

Maximum height. The heights for ADUs are measured in compliance with 17.40.060.

(1)

Attached New Construction ADUs. Shall not exceed 25 feet and two stories in height or the maximum permitted in the underlying zone, whichever is less, when attached to an existing or proposed single-family dwelling.

(2)

Detached New Construction ADUs.

a)

A maximum of 16 feet and two stories in height for the following:

i.

ADUs within the Hillside Overlay Districts;

ii.

ADUs within Landmark or Historic Districts and visible from the street; or

iii.

Exemption ADUs located in the front-yard setback.

If any of the above ADUs are located: (i) on a site with proposed or existing multistory buildings; or (ii) within one-half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, the maximum height shall be 18 feet. An additional two feet in height shall be permitted on sites within one-half mile walking distance of a Major Transit Stop or High Quality Transit Corridor if necessary to match the roof pitch of a primary dwelling on the same site.

b)

A maximum of 18 feet and two-stories in height for all other ADUs. ADUs located within one-half mile walking distance of a Major Transit Stop or a High Quality Transit Corridor, as defined in state law, shall be permitted an additional two feet in height if necessary to match the roof pitch of a primary dwelling on the same site.

d.

Windows, Decks and Balconies on Upper Floors:

(1)

New second story windows shall be prohibited along the interior side and rear lot lines for all ADUs and Junior ADUs (conversions and new construction) when the proposed setback is less than five feet, unless required by the Building Code for ingress or egress. When the Building Code requires windows, they shall be designed to preserve privacy (utilizing opaque windows or clerestory windows). If the side or rear lot lines abut an alley with a minimum width of 20 feet, second story windows may be allowed on the façade facing the alley.

e.

Entrance and Exterior Staircases for Non-Exemption ADUs:

(1)

For single-family sites, entrances for attached newly constructed ADUs shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.

(2)

For single-family sites, exterior staircases for attached ADUs shall not be visible from the public right-of-way, unless this requirement prevents the creation of the unit.

f.

Structures Attached to ADUs:

(1)

Compliance with the development standards of the underlying zone is required for any new enclosed structure and expansions to existing structures that are attached to an ADU. This includes, but is not limited to, garages, storage rooms, sheds, and expansions to the primary dwelling, etc. This does not include the 150 square foot expansion necessary to accommodate ingress and egress for the ADU, where allowed.

(2)

No portion of the walking surface of a projecting deck with visible underpinnings shall exceed a height of six feet above grade.

6.

Parking and circulation standards:

a.

Required parking. One parking space per unit or per bedroom, whichever is less, shall be provided on-site for the accessory dwelling unit. The on-site parking space may be provided as covered, uncovered, or as tandem parking on an existing driveway.

(1)

Exception. No parking space is required for an accessory dwelling unit if it meets any of the following conditions:

a)

The site is located within one-half mile walking distance of a public transit stop;

b)

The accessory dwelling unit is contained within the proposed or existing space (i.e., all fully enclosed area, including a garage) of the primary dwelling or accessory structure

c)

Property is within a historic district (which includes landmark and historic districts); or

d)

When there is a commercial car share vehicle pick-up and drop-off location located within one block of the accessory dwelling unit; or

e)

When a permit application for an accessory dwelling unit is submitted with an application to create a new single-family or multi-family dwelling on the same lot, provided that the accessory dwelling unit satisfies any of the other criteria listed in (a)-(d) above.

b.

Replacement parking. Replacement parking is not required if an existing garage, carport or surface space serving as the required parking for the primary dwelling unit is demolished or converted in conjunction with the construction or conversion of an ADU.

c.

Driveway access. An accessory dwelling unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site.

E.

Standards Applicable to Junior ADUs.

Zoning. Junior ADUs are permitted in zoning districts that permit residential uses on sites which contain at least one proposed or existing single-family dwelling.

2.

Development standards.

a.

A Junior ADU shall be located within the proposed space of a single-family dwelling or existing space of a single-family dwelling including, but not limited to, an attached garage and other non-habitable space.

b.

No setbacks are required, except for fire safety, if an existing structure, or a portion thereof, is converted into a Junior ADU.

c.

If an existing structure is demolished as part of the conversion of said structure to a Junior ADU, the Junior ADU shall be constructed in the same location and with the same dimensions and height as the existing structure.

d.

A Junior ADU shall have exterior access from the proposed or existing single-family dwelling.

e.

Maximum unit size for a Junior ADU is 500 square feet.

f.

A Junior ADU is required to include an efficiency kitchen, which shall consist of a cooking facility with appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit, and a separate entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure. If the sanitation facilities are shared with the primary dwelling, the Junior ADU must include an interior entry to the main living area of the primary unit to access the shared sanitation facilities.

g.

Windows, Decks and Balconies on Upper Floors: New second story windows shall be prohibited along the interior side and rear lot lines for all Junior ADUs when the proposed setback is less than five feet, unless required by the Building Code for ingress or egress. When the Building Code requires windows, they shall be designed to preserve privacy (utilizing opaque windows or clerestory windows). If the side or rear lot lines abut an alley with a minimum width of 20 feet, second story windows may be allowed on the façade facing the alley.

3.

Owner Occupancy. Either the primary unit or the Junior ADU shall be owner-occupied. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

4.

Short-term rental prohibited. Any rental term of a Junior ADU that was legally created on or after January 1, 2017 shall be longer than 30 days.

Recorded covenant for Junior ADUs. Prior to issuance of a building permit for the Junior ADU, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this Section.

6.

Sale of units. The Junior ADU may not be sold separately from the existing single-family home unless developed by a qualified nonprofit corporation in accordance with California Government Code Section 65852.26.

7.

Replacement parking. Replacement parking is not required if an existing garage, carport or surface space serving as the required parking for the primary dwelling unit is demolished or converted in conjunction with the construction or conversion of a Junior ADU.

8.

Driveway access. JADU unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site.

(Ord. No. 7420, § 2, 4-15-2024; Ord. 7321 § 4, 2018; Ord. 7295 § 4, 2017)

A.

Density. Density shall be a maximum of 48 units per acre. A maximum of 50 percent density bonus is allowed. Projects shall meet all other density bonus provisions under Section 17.42.100 (Density Bonus and Incentive Provisions) and are eligible for incentives.

B.

Development standards. Development standards including the number of parking spaces shall be prescribed and reviewed as part of the Conditional Use Permit, except that the front setback shall be a minimum of 20 feet, and the rear, side, and corner side yard setbacks shall be a minimum of 10 feet. Parking may be uncovered and located within the rear yard setback.

C.

Location. A Senior Affordable Housing project shall be located within 500 feet of a Medical Office or Medical Services - Hospital use. The Medical Office use or Medical Services - Hospital use shall be located within the PS district.

D.

Occupancy. Each unit shall be occupied by at least one senior citizen.

A.

Applicability. The following standards apply to the new construction, remodeling, or expansion of service stations and vehicle washing and detailing businesses.

B.

Application requirements. A lighting plan shall be submitted with the Conditional Use Permit application. Lighting requirements shall comply with the outdoor lighting requirements of Section 17.40.080.

C.

Minimum site area. A service station, vehicle washing and detailing business, or combination thereof shall be located on a site of at least 15,000 square feet, with a minimum of 125 feet of frontage on a public street. This requirement shall not apply to the remodeling or expansion of a preexisting service station or vehicle washing and detailing business.

D.

Site layout.

1.

Mobile recycling trucks, and temporary, nonpermanent structures may not be located on a service station or vehicle washing and detailing site without Conditional Use Permit approval.

2.

Ancillary services (e.g., air, water, telephone, and vending machines) shall be located in an area that does not impede vehicular traffic.

3.

A cashier kiosk shall be constructed to provide safe access for patrons. A minimum of three pedestrian queue spaces for each service station site shall be provided.

4.

The site plan/site layout shall be designed to ensure maximum security for employees and patrons.

E.

Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter 17.36 (Parking and Loading), except where a structure adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas. The landscape plan shall comply with Chapter 17.34 (Landscaping) and all applicable design guidelines.

F.

Storage of materials and equipment.

1.

The provisions of Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall apply, except that a display rack for motor vehicle products may be maintained at each pump island of a service station.

2.

If display racks are not located on pump islands, they shall be placed within three feet of the main structure, and shall be limited to one for each street frontage.

3.

Storage of inoperative vehicles is prohibited.

4.

The location of display racks and vending machines shall be specified by the Conditional Use Permit.

G.

Restrooms. All restroom entrances shall be screened from view from adjacent properties or street rights-of-way. Screening material may be partially open or perforated provided the openings or perforations do not constitute greater than 50 percent of the total screening surface area and are uniformly distributed throughout the screening material.

H.

Dispensing machines. The location of food, cigarette, and/or soft-drink vending machines and Automated Teller Machines (ATM's) shall be shown on the plans submitted and shall be reviewed as part of the Conditional Use Permit process. No game machines shall be allowed on a service station site.

I.

Equipment rental. Outdoor storage of, and sale, lease, or rental of trailers, trucks, or similar equipment shall be reviewed as part of the Conditional Use Permit process.

J.

Vehicle washing and detailing - Drainage. Each vehicle washing and detailing business (both large and small scale) shall provide evidence of compliance with the regulations of the Sanitation District of Los Angeles County related to drainage. Discharge into the storm drain system is not allowed without approval from the Los Angeles County Regional Water Quality Control Board.

K.

Vehicle washing and detailing - small-scale businesses. A small-scale vehicle washing and detailing business shall be located within a parking structure having a minimum of 500 vehicle parking spaces.

L.

Service stations - minimum number of fueling positions. A full-service station in the CL zoning district shall have a minimum of eight fueling positions.

M.

Site maintenance. All paved areas shall be maintained grease-free.

A.

Definitions. The technical terms and phrases used in this Section shall have the same meanings as set forth for those terms and phrases in Chapter 5.45 of the Pasadena Municipal Code.

B.

Purpose. It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material. Findings and rationale supporting this purpose are set forth in the uncodified provisions of the ordinances adopted to implement and to amend this Section.

C.

Location requirements. Sexually oriented businesses shall be permitted in only the CG zoning district and shall be subject to the following conditions:

1.

No sexually oriented business is allowed in the Lincoln Corridor (CG-1).

2.

No sexually oriented business is allowed within 500 feet of any child day-care center (excluding large and small family day-care homes), park and recreation facility, public or private school, or religious facility (excluding temporary uses), that existed before the establishment of the sexually oriented business.

3.

No sexually oriented business is allowed within 250 feet of a RS or RM district. Measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest point on a lot line of the sexually oriented business premises to the closest point on a lot line of any child day-care center, park and recreation facility, public or private school, religious facility, or parcel in a RS or RM district.

4.

No more than two sexually oriented businesses are allowed within a 250-foot radius, drawn around the proposed use. Measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest point on the lot line of the proposed sexually oriented business premises to the closest point on the lot line of any other sexually oriented business.

5.

No location in the City shall be disqualified by virtue of its proximity to a land use located outside the jurisdictional boundaries of the City.

D.

Nonconforming sexually oriented businesses. Notwithstanding anything to the contrary in the Pasadena Municipal Code, any sexually oriented business located within the City of Pasadena that is lawfully operating in compliance with Pasadena Municipal Code Chapter 5.45 and the Pasadena Zoning Code on the date that an amendment to Section 17.50.295.C or to the definitions used in Chapter 5.45 and referenced in this Zoning Code becomes effective, which is made a nonconforming use by said amendment, shall be terminated within 12 months of the date that said amendment becomes effective.

(Ord. 734, § 2, 4-8-2019; Ord. 7078 § 6, 2006)

A.

Applicability. The following standards apply to short-term housing rentals whereby a dwelling unit is shared, in whole or in part, for transient occupancy as a way of generating rental income.

B.

Definitions. For the purposes of this section, the following words or phrases shall have the following meanings:

1.

Home-sharing. An accessory use of a primary residence for the purposes of providing temporary lodging, for compensation, for periods of 30 consecutive days or less.

2.

Host. An occupier of a dwelling unit who rents his/her primary residence for home-sharing under this section.

3.

Hosted stay. A home-sharing activity whereby the host remains on-site throughout the guest's stay (except during daytime and/or work hours).

4.

Hosting platform. A marketplace in whatever form or format which facilitates the short-term rental activity, through advertising, match-making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

5.

Primary residence. A host's permanent residence or usual place of return for housing as documented by at least two of the following and in the host's name: motor vehicle registration; driver's license; voter registration; tax documents showing the residential unit as the host's residence; or a utility or cellular phone bill. A person may have only one primary residence and must reside there for a minimum of 9 months per year.

6.

Un-hosted stay. A home-sharing activity whereby the host remains off-site during the guest's stay.

7.

Vacation rental. A dwelling unit that is not a primary residence and which is available for temporary lodging, for compensation. The term "vacation rental" shall not include: single-room occupancy buildings; bed and breakfast inns; hotels; a dwelling unit for which a tenant has a month-to-month rental agreement and the rental payments are paid on a monthly basis; or corporate housing.

C.

Eligible types of dwelling units. Short-term rentals shall be permitted in single-family residences, duplexes, condominiums, townhomes, and multi-family rental units, except covenant restricted (affordable) and Section 8 units.

D.

Vacation rentals prohibited. Vacation rentals, as defined in this section, are a prohibited use and shall not be operated in the city.

E.

Short-term rental permit. The host is required to obtain a short-term rental permit from the city, pursuant to the provisions of this section, before renting any primary residence to a transient occupant/guest.

1.

Application. To apply for a short-term rental permit, a host shall file an application with the planning and community development department on a form provided by the department, and shall include all information required by the

instructions on the application and the guidelines necessary to implement this section, which guidelines may be approved by the city manager or his/her designee.

2.

Eligibility requirements. The following requirements must be met for approval of a short-term rental permit:

a.

The host shall obtain a transient occupancy registration certificate from the finance department.

b.

The host shall sign a notarized affidavit confirming that:

i.

The short-term rental unit is his/her primary residence and that the local responsible contact person or property management company will be available 24 hours per day.

ii.

The space used for short-term rental meets or exceeds fire and life safety requirements, including installation of smoke and carbon monoxide detectors, and adequate means of egress.

iii.

The abutting property owners and occupants will be notified prior to the start of activity that the host's primary residence will be used for short-term rental.

iv.

For tenants, renters, or lessees of residential units engaging in short-term rental, that he/she has notified their landlord/property owner of their intent to sublease their unit as a short-term rental.

c.

For properties with existing legally permitted accessory dwelling units or accessory structures constructed or issued building permits for prior to January 1, 2017, the term "primary residence" shall refer to the parcel of land and constitute both the main structure and the subordinate unit, both of which can be used for short-term rental activity provided the main structure is the host's permanent residence. An accessory dwelling unit or accessory structure permitted after January 1, 2017 shall not be used for short-term rental.

d.

The host shall demonstrate that an accessory structure is legally permitted and habitable based on building permit history. In the absence of a building permit record demonstrating such, the building official shall determine if the accessory structure is suitable for habitability and an inspection of the accessory structure may be required.

e.

Notwithstanding Section 17.50.296(E)(2)(b)(i), for owner-occupied properties with multiple dwelling units, including duplexes, triplexes, or apartment complexes, and generally containing rental units, the owner of such property may short-term rent his/her primary residence plus one additional dwelling unit on the property.

f.

If a primary residence is subject to the rules of a homeowners' or condominium association, allowance to engage in short-term rental through this section shall not be inferred to grant any permission that invalidates or supersedes provisions in those documents.

g.

The host shall sign an indemnification and hold harmless agreement in a form approved by the city attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Pasadena, the City Council of the City of Pasadena, individually and collectively, and the City of Pasadena representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of host's actions or inaction in the operation, occupancy, use, and/or maintenance of the property.

3.

Expiration and renewal. A short-term rental permit is valid for one (1) year from the date of issuance. It may not be transferred, does not run with the land, and is valid only at the original short-term rental site. A short-term rental permit may be renewed if the host meets the renewal requirements including: (1) pays the renewal fee; (2) is deemed to have been in substantial conformance with the provisions of this section for the past year; (3) documents and provides any changes that have occurred to the information on the current short-term rental application; and 4) submits short-term rental records described in Section 17.50.296(G)(2) for the last year to demonstrate compliance with this section as part of the renewal. Without a renewal application submitted within one (1) year to the date of the issuance of the short-term rental permit, or prior renewal, a permit is considered null and void.

F.

Short-term rental regulations.

1.

Short-term rentals shall not adversely affect the residential character of the neighborhood nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's reasonable enjoyment of his or her residence. To this effect, the short-term rental activity shall comply with all provisions of the Pasadena Municipal Code, including Chapter 9.36 (Noise Restrictions) and Chapter 8.64 (Litter Control).

2.

No person shall advertise, undertake, maintain, authorize, book, or facilitate any renting to transient guests in a manner that does not comply with this section.

3.

No person shall advertise any short-term rental without a city issued short-term rental permit number depicted in a visible location on the advertisement, including any listing on a hosting platform.

4.

Un-hosted stays shall be limited to a maximum of 90 days per year. There shall be no limit for hosted stays.

5.

Short-term rentals shall not be used by more than 2 guests per bedroom plus 2 additional guests at one time.

6.

Commercial events, commercial parties, or commercial group gatherings, including, but not limited to, weddings, banquets, and corporate events, are prohibited from occurring as part of the short-term rental use. The dwelling shall not be short-term rented for the sole purpose of accommodating such uses.

7.

Parking for the short-term rental use shall be provided on-site.

8.

No signs shall be posted on the exterior of the dwelling advertising the presence of the short-term rental use.

9.

No person shall offer or engage in short-term rental in any part of the property not approved for residential use, including, but not limited to, a vehicle parked on the property, a storage shed, trailer, garage, or any temporary structure like a tent.

G.

Host requirements.

1.

The host shall be responsible for any nuisance violations arising at a property during short-term rental activities.

2.

The host shall keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he/she may have been liable for the collection of and payment to the city, including the number and length of each short-term rental stay, and the price paid for each stay. The planning and community development department and/or the finance department shall have the right to inspect these records at all reasonable times. Hosts shall provide a copy of the records from the last year to the planning and community development department at the time of renewing the short-term rental permit.

3.

The host shall fully comply with all the requirements of PMC Chapter 4.44 (Transient Occupancy Tax) and any successor sections.

4.

The host shall provide and maintain fire extinguishers, smoke detectors, carbon monoxide detectors, and information related to emergency exit routes and emergency contact information.

H.

Fees. The city council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this section.

I.

Enforcement.

Enforcement of this chapter shall be subject to the processes and procedures in Chapters 1.24 and 1.25 of the Pasadena Municipal Code.

2.

Any person failing to comply with any provision of this section shall be deemed guilty of a violation of the Pasadena Municipal Code, which may be punishable as outlined in Chapter 1.24 (General Penalty) of the Pasadena Municipal Code, and may be subject to any other penalty or enforcement mechanism available to the city.

3.

Three violations against the same property being used for short-term rental may result in the automatic suspension of the permit. After notice and a hearing before the city manager or his/her designated administrator as provided in Chapter 1.25 (Administrative Penalties—Compliance Orders), the permit may be revoked. If a short-term rental permit is revoked, the host must wait at least one year before he/she can apply and register for short-term rental again.

4.

Any person convicted of violating any provision of this section in a criminal case or found to be in violation of this section in a civil case brought by a law enforcement agency shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs, pay all back transient occupancy taxes, and remit all illegally obtained rental revenue to the city so that it may be returned to the short-term rental guests or used to compensate victims of illegal short-term rental activities.

5.

Any person who violates any provision of this section shall be subject to administrative fines and administrative penalties pursuant to PMC Section 1.25.160 and Section 1.25.170.

6.

The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

(Ord. 7317, § 2, 2018)

A.

Limited Commercial (CL) district. Notwithstanding the provisions of Section 17.76.030, existing nonconforming singleroom occupancy residential in the Limited Commercial (CL) zoning district may be altered to comply with the following single-room occupancy residential development standards without obtaining a Conditional Use Permit.

B.

Site area per unit. Site area per unit standards shall not apply to single-room occupancy facilities.

C.

Unit size and occupancy. The minimum size of a unit shall be 150 square feet and the maximum size shall be 375 square feet which may include bathroom and/or kitchen facilities.

D.

Common area. A minimum of 10 square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Zoning Administrator may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.

E.

Management. A single-room occupancy management plan shall be submitted to, reviewed, approved and enforced by the Housing Administrator of the Housing and Development Department. The management plan shall be approved before issuance of a Certificate of Occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures and staffing needs including job descriptions. The approved management plan shall be in recordable form as approved by the City Attorney and recorded before issuance of a Certificate of Occupancy. A 24hour resident manager shall be provided for any single-room occupancy use with 12 or more units.

F.

Development regulations. Each single-room occupancy facility shall comply with all applicable commercial development standards for the applicable zoning district.

G.

Parking. See Chapter 17.46 (Parking and Loading).

H.

Kitchen facilities. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.

I.

Bathroom facilities. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

(Ord. 7360 § 3 (Exh. 2), 2020)

A.

Applicability. Wireless telecommunications antenna facilities shall comply with the following requirements. The provisions of this Section do not apply to satellite earth station antennas due to preemption by Part 25 of Title 47 of the Code of Federal Regulations. The provisions of this Section also do not apply to wireless telecommunications antenna facilities in the public right-of-way, which are governed by Chapter 12.22 of the Municipal Code.

B.

Definitions. The Specialized terms and phrases used in this Section are defined under "Telecommunications Facility Definitions" in Article 8 (Glossary).

C.

Special notice. All notices required by this Subsection shall be provided in compliance with Chapter 17.76 (Public Hearings).

1.

Notices of public hearings for Wireless Telecommunications Antenna Facilities, Major, shall also be mailed to occupants of buildings and registered neighborhood associations within 1,000 feet of the primary use site boundary.

2.

Notices of public hearings for Wireless Telecommunications Antenna Facilities, Minor, shall also be mailed to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary.

3.

Notices of application submittal and comment periods for Wireless Telecommunications Antenna Facilities, SCL, shall be mailed as follows:

a.

In residential districts, to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary. The comment period is 30 days.

b.

In all other zoning districts, to abutting property owners, and posted as set forth in Section 17.76.020.B(2). The comment period is 30 days.

D.

Requirements for all facilities.

1.

Prohibited fencing materials. The use of chain-link fencing or razor wire in the design of a facility or related support facilities is prohibited.

2.

Screening required. Support facilities housed outside of structures shall be screened from public view by fences, landscaping, trellises, walls, and similar treatments.

3.

Design Guidelines. Facilities subject to this section shall comply with any design guidelines adopted by resolution of the Council.

4.

Illumination. Building-mounted facilities and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

5.

Signs. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a facility is attached. Each facility shall be located a minimum of 25 feet from an existing off-premises sign or an on-premises freestanding sign.

6.

Site maintenance. The site of the facilities shall be maintained in a condition free of debris, refuse, and trash. All graffiti shall be removed within 48 hours.

7.

Radio Frequency Emissions Compliance. Upon installation of the facility, the applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed Federal Communications Commission standards, including FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director determines the wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in the FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended, in areas accessible by the general population, the Director may require postinstallation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant. Applications for amateur radio antennas or antennas installed for home entertainment purposes are exempt from this requirement.

8.

Posting of removal bond or security. Before the issuance of any permit under this section, the applicant shall post with the City a performance bond or other security in an amount rationally related to the cost of removal.

9.

City's use of consultant. The Director may require the applicant to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use, including issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law.

10.

Inoperable or unused facilities.

a.

If a support structure, or an antenna array affixed to a building or support structure, becomes inoperable or ceases to be used for a period of 180 consecutive days:

(1)

The permittee shall give written notice of inoperability or nonuse to the Zoning Administrator; and

(2)

The antenna array and, if applicable, the support structure shall be removed within 90 days.

b.

If removal does not occur, the City may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.

11.

Existing agreements. This section does not apply to the terms and conditions of any agreement or permit (including an extension) pertaining to telecommunications facilities (issued by the City or of which the City is a party) that is already in existence at the effective date of this ordinance, provided that the agreement or permit does not result in a material change (including changes in size, shape, color, or exterior material) of the telecommunications facilities covered by such existing agreement.

12.

City-owned real property. Any wireless telecommunications antenna facility permitted to be located on City-owned real property shall comply with any of the conditions in Section 12.22.180 of the Municipal Code as determined applicable by the Director, in addition to the other requirements of this section. For purposes of this Subsection, all references in Section 12. 22.180 to "Director" shall mean the Director of Planning and Community Development.

E.

Requirements for new support structures. (Wireless Telecommunications Antenna Facilities, Major).

1.

Projection from roof prohibited. No new support structure may project from the roof of a building.

2.

Separation from buildings. A new support structure shall be a minimum of 10 feet from a building on the same site unless that building houses equipment accessory to the support structure.

3.

Setback from residential. Where permitted, a new, support structure, including any accessory structure, shall be located at a minimumdistance equal to butnot less than 100 feet from the site of any residential use or any residentially zoned land.

4.

Co-location. The co-location of antennas on a single support structure is encouraged. This includes co-location with other wireless telecommunications antenna facilities including thoseof public and quasi-public agencies using similar technology unless specific technicalconstraints preclude co-location.

5.

Camouflage. A new support structure that is designed to look like a faux tree or flag pole shall comply with the following requirements:

a.

Flag Poles. A flag shall be flown and properly maintained at all times, and the base of the pole shall be appropriately tapered to maintain the appearance of an actual flag pole.

b.

Faux Trees. If a faux tree is proposed, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

6.

Height limit. Where allowed, support structuresshall not exceed a maximum height of 50feet above existing grade in any zoning district.

7.

Justification Study. The applicant shall submit a justification study indicating the rationale for selecting the proposed use, a detailed explanation of the coverage gap that the proposed use would serve, and how the proposed use is the least intrusive means for the applicant to provide wireless service.

8.

Location.

a.

A support structure and any related ground-mounted equipment cabinet shall not be located within an area devoted to a vehicle/pedestrian circulation area in such a manner that it interferes with or impairs the utility of intended function of such area.

b.

Where feasible, unutilized space should be made available for co-location with other wireless telecommunications antenna facilities, including space for entities providing competing services. Co-location of wireless telecommunications antenna facilities is not required in cases where the addition of new service of facilities would cause service impairment to an existing facility, or if it became necessary for the host facility to go off-line for a significant period of time.

c.

A support structure shall not be located within any designated historic district or landmark district.

d.

A support structure shall not be located within any City-owned library property.

9.

Distance Requirement. There shall be a 500-foot distance requirement between each site containing an individual support structure, measured from site to site.

10.

Finding required for approval.

a.

Required finding. No new support structure will be allowed unless the review authority, in addition to the findings required by Section 17.61.050.H, first finds that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility.

b.

Evidence to support finding. Evidence supporting the required finding will be reviewed by the Zoning Administrator and may consist of any of the following:

(1)

No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility;

(2)

Existing buildings or support structures are not of sufficient height to meet the applicant's operational or engineering requirements; or

(3)

The applicant's proposed facility would create radio frequencyinterference with an existing structure, or the existing structure would create radio frequencyinterference with the applicant's proposed facility.

11.

Security. The support structure and support facilities shall be constructed so as to prevent unauthorized entry into the support facilities or onto the support structure.

F.

Requirements for co-located facilities (Wireless Telecommunications Antenna Facilities, Minor). Unless shielded from public view, the antenna array may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni-directional antennas may extend up to 10 feet above the roof line or parapet of an existing structure. To the extent feasible, the antenna array shall be integrated into the design of the structure it is mounted to and be fully screened from public view.

1.

Screening. All screening shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted.

2.

Concealed from public view. All sides of the project shall be concealed from public view. There shall be no visible transition between existing and new surfaces, no exposed cables, mounting apparatus or pipes permitted, and no interruption of horizontal or vertical reveals.

3.

Private light poles. If co-locating on a privately-owned light pole, the replacement pole shall match the color, height, and design of existing light poles on the site.

G.

Requirements for building-mounted facilities. Unless shielded from public view, the antenna array of a building-mounted facility may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni-directional antennas may extend up to 10feet above the roof line or parapet of an existing structure.

H.

Requirements for Wireless Telecommunications Antenna Facilities, Specific Co-Located.

1.

Ministerial permit. The City shall not require a discretionary permit for a Wireless Telecommunications Antenna Facility. SCL, if it satisfies the requirements of California Government Code Section 65850.6(a), as amended.

2.

Application requirements. An application for a Wireless Telecommunications Antenna Facility, SCL, shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Wireless Telecommunications Antenna Facility, SCL, applications and shall include payment of any application fee.

3.

Review authority. An application for a Wireless Telecommunications Antenna Facility, SCL, shall be reviewed by the Director.

4.

Required findings for approval.

The Director shall approve an application only after finding that:

a.

The proposed use is allowed within the zoning district and complies with all applicable provisions of this Code.

b.

The location of the proposed use complies with the special purposes of this Code and the applicable zoning district, and is in conformance with the goals, policies, and objectives of the General Plan.

c.

The proposed use does not increase the height of the existing wireless telecommunications antenna facility.

d.

The proposed use complies with all requirements for major wireless telecommunications antenna facilities within this section.

e.

The proposed use will not be detrimental to the health or general welfare of persons residing or working in the neighborhood of the proposed use.

f.

The proposed use will be compatible with the existing uses on the site and uses in the vicinity in terms of aesthetic values, character, scale, and view protection and will not interfere with the existing activities at the site.

5.

Decision. The Director shall prepare a written decision to approve, approve with conditions, or disapprove the application. The Director shall provide notice of the decision to the applicant, all persons who have filed a written request

for notice of the decision, the Planning Commission, and the City Council.

(Ord. No. 7435, § 18, 10-28-2024; Ord. 7164 § 10, 2009)

A.

Exemption from Temporary Use Permit. The use of a tent for a temporary event or other purpose shall require a Temporary Use Permit, unless all of the following provisions are met:

1.

Commercial, industrial, public, or semi-public land uses. The site is developed with commercial, industrial, public, or semi-public land uses, and:

a.

Not over 800 square feet. The area covered by tents does not exceed 800 square feet;

b.

Not in street setback. No tent is located in any setback (e.g., front or corner side) adjacent to a street; and

c.

Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time, and on the site for more than five times within any 30-day period.

2.

Residential uses. The site is developed with residential uses, and:

a.

Not over 800 square feet. The area covered by tents does not exceed 800 square feet;

b.

Not in street setback. No tent is located in any setback (e.g., front or corner side) adjacent to a street; and

c.

Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time and on the site more than twice in one calendar year.

B.

Compliance with Section 17.61.040. If required, the Temporary Use Permit shall be granted in compliance with Section 17.61.040.

A.

1,000-foot separation required. No significant tobacco retailer shall be located within 1,000 feet of a sensitive land use (e.g., game arcade, Internet access studio, library, licensed child day-care facility [excluding a small or large family day-

care use], park and recreation facility, public or private school, or theater, as any of those land use types may be defined in Article 8 (Glossary)).

B.

How to measure separation. The distance between any structure used as a significant tobacco retailer and another structure used as a sensitive land use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a significant tobacco retailer to the closest property line of another structure used as a sensitive land use.

C.

Operation standards.

1.

The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.

2.

Only store employees shall have immediate access to the tobacco products and/or tobacco paraphernalia.

(Ord. No. 7435, § 18, 10-28-2024)

17.50.340 - Transit-Oriented Development (TOD)

A.

Applicability.

1.

The standards of this Section provide for a mixture of commercial, high-density residential, mixed-use, public, and semipublic uses in close proximity to light rail stations, encouraging transit usage in conjunction with a safe and pleasant pedestrian-oriented environment.

2.

These standards emphasize intensification of development and reduced reliance on motor vehicles.

3.

These standards shall apply to new Projects located within a designated TOD area of a radius of 1,320 feet (¼ mile) from a light-rail station platform. Within the Central District, these standards shall also apply to the area identified on Figure 1 - Central District Transit-Oriented Area. A Project shall be subject to provisions of this Section if any portion of the Project's property boundary is within the specified distance indicated in this Section.

Figure 1 - Central District Transit-Oriented Area

==> picture [386 x 265] intentionally omitted <==

4.

When there is an overlap between TOD areas, the more restrictive standards of the respective TOD areas shall apply.

5.

Optional Half-Mile TOD Area.

a.

Projects located between 1,320 feet (quarter-mile) and 2,640 feet (half-mile) of a light-rail station platform may voluntarily make use of applicable TOD standards provided in this Section, unless:

(1)

The proposed Project is one of the prohibited land uses listed in Section 17.50.340.B; or

(2)

The proposed Project is located between 1,320 feet (quarter-mile) and 2,640 feet (half-mile) of the Sierra Madre Villa Gold Line station platform, where the optional half-mile TOD area shall not apply.

b.

If TOD standards are utilized, the Project must comply with all standards listed in this Section.

B.

Prohibited land uses.

1.

The following nontransit-oriented land uses, as these land uses are defined in Article 8 (Glossary of Technical Terms and Land Use Types), are prohibited within the designated TOD area as specified in Section 17.50.340.A.3:

a.

Drive-through businesses;

b.

Large recycling facilities;

c.

Vehicle services - sales and leasing; (except for sales and leasing - limited);

d.

Vehicle services - service stations;

e.

Vehicle services - washing and detailing; (except washing and detailing, small-scale);

f.

Vehicle storage; and

g.

Wholesaling, distribution, and storage (including commercial and small-scale).

C.

Permit requirements.

1.

Applicability.

a.

A Minor Conditional Use Permit shall be required for any proposed commercial and industrial Projects exceeding 15,000 square feet of gross floor area.

b.

When a Conditional Use Permit is required per Section 17.61.050.J.2 (Major Construction), a proposed Project located within the TOD area shall be reviewed through a Conditional Use Permit with the additional findings listed in Section 17.50.340.C.4, in lieu of the Minor Conditional Use Permit requirement of this Section.

2.

Exceptions. The following projects are exempt from the permit requirement of this Section (17.50.340.C):

a.

A change of use or alterations to the existing building that results in new square footage less than 15,000 square feet; and

b.

Research and Development projects, or the Research and Development portion of a project with multiple uses.

3.

Issues for review. Minor Conditional Use Permit and Conditional Use Permit review shall consider the site plan of the proposed Project to ensure that findings can be made that the use is compatible with transit.

4.

Required findings. Minor Conditional Use Permit and Conditional Use Permit approval shall require that the review authority first make the following findings in addition to the findings required by Section 17.61.050:

a.

The Project consists of a use, or mix of uses, that encourage transit use and is oriented toward the transit user.

b.

The Project is designed to enhance pedestrian access and/or other non-motor vehicle modes of transportation to public transit.

c.

The Project encourages pedestrian activity and/or other non-motor vehicle modes of transportation and reduces dependency on motor vehicles.

D.

Parking requirements.

1.

Nonresidential development Projects.

a.

Sierra Madre Villa Station TOD Area.

(1)

Office uses. For the uses Offices — Administrative, Business, Professional and Offices - Governmental, the minimum number of required off-street parking spaces shall be reduced by 25 percent, and this reduction shall be the maximum allowed number of parking spaces.

(2)

All other nonresidential uses. For all other nonresidential uses, the minimum number of required off-street parking spaces shall be reduced by 10 percent, and this reduction shall be the maximum allowed number of parking spaces.

b.

Allen, Lake, Memorial Park, Del Mar, and Fillmore Station TOD Areas and Central District Transit-Oriented Area.

(1)

Office uses. For the uses offices - administrative business professional and offices - governmental, the minimum number of required off-street parking shall be reduced by 25 percent, with an optional reduction up to 35 percent. The 25 percent reduction shall be the maximum allowed number of parking spaces.

(2)

All other nonresidential uses. For all other nonresidential uses, the minimum number of required off-street parking spaces shall be reduced by 10 percent, with an optional reduction up to 20 percent. The 10 percent reduction shall be the maximum allowed number of parking spaces.

c.

Further reduction with study. The parking requirements may be further reduced through a parking demand study and approval of a Minor Conditional Use Permit.

2.

Exceeding allowable parking requirements. A project site may exceed the maximum allowable parking requirements in compliance with the following conditions.

a.

Commercial Off-Street Parking. A site may exceed the maximum allowable number of parking spaces if the parking is approved to serve as Commercial Off-Street Parking. Approval of this parking shall require the granting of a Minor Conditional Use Permit in compliance with Section 17.61.050, and shall be subject to the following conditions:

(1)

All parking spaces in excess of the maximum allowable parking must be for public parking;

(2)

The site shall provide a minimum of 25 public parking spaces;

(3)

The site shall include pedestrian and automotive-oriented signs to advertise the availability and location of the public parking spaces on the property;

(4)

Public parking may not be located on more than two levels, and must be located in a contiguous manner starting on the ground floor;

(5)

Each public parking space shall have a sign noting that the parking space is available for public parking;

(6)

Parking facilities shall be designed to allow for automated operations unless a parking attendant can be assigned during public parking hours;

(7)

City shall be provided with monthly reports on monthly and transient usage;

(8)

The public parking spaces shall comply with Section 17.40.070 of the Zoning Code. At a minimum, the spaces shall be available from 7:00 a.m. to 10:00 p.m., Monday through Sunday;

(9)

If monthly passes are sold for the public parking spaces, sales shall not exceed 50 percent of the total public parking spaces;

(10)

Hourly, daily, monthly rates for the public spaces may not exceed the City's Old Pasadena public parking structures rates by more than 150 percent;

(11)

The parking area shall be managed to limit the use of public parking by tenants;

(12)

The City may post wayfinding signs directing motorists to the commercial public parking on the site; and

(13)

The City and/or other business districts may advertise the commercial public parking on site in written publications or on its website.

b.

Shared parking. A site may exceed the maximum allowable number of parking spaces if the parking is approved to serve as shared parking in compliance with Section 17.46.050.

c.

Joint parking. A site may exceed the maximum allowed number of parking spaces if the parking is approved to serve as joint parking.

(1)

Joint parking is a type of parking that is designed to serve uses on at least two different sites.

(2)

The joint parking provided shall not exceed the maximum required parking for the combined total parking requirements of the different individual sites.

d.

Sierra Madre Villa TOD Area. The maximum allowed parking requirements in Section 17.50.340.D may be increased through a parking demand study and approval of a Minor Conditional Use Permit, up to an amount that is consistent with the standards applicable to other areas outside of the TOD areas as specified by the Section 17.46.040.

e.

Existing Off-Street Parking Spaces. If a Project results in a condition where the number of existing off-street parking spaces is greater than the requirements for such development or uses established by this Section, the number of existing spaces in excess of the prescribed maximums may be maintained, but shall not be further exceeded except as allowed by the Section 17.50.340.D.2.

Residential development Projects. The following requirements apply to multi-family residential and mixed-use development Projects proposing at least 48 dwelling units per acre.

a.

Sierra Madre Villa Station TOD Area.

(1)

Units less than 650 square feet. A limit of 1 space for each unit (no more or less); and

(2)

Units 650 square feet or more. A minimum of 1.5 spaces for each unit, to a maximum of 2 spaces per unit.

b.

Allen, Lake, Memorial Park, Del Mar, and Fillmore Station TOD Areas and Central District Transit-Oriented Area.

(1)

Units 1-bedroom or fewer. A limit of 1 parking space for each unit (no more or less); and

(2)

Units 2-bedrooms or more. A minimum of 1.5 parking spaces shall be required for each unit, to a maximum of 1.75 spaces per unit.

c.

The parking requirements may be further reduced through a parking demand study and approval of a Minor Conditional Use Permit in compliance with Section 17.61.050.

d.

City Permits for overnight parking shall not be allowed.

(1)

Up to one overnight street permit may be issued for each approved off-street parking space converted to an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 17.50.275. In all other instances, City Permits for overnight parking on City streets shall not be issued for residential development Projects built in compliance with these regulations.

(2)

Residential tenants shall be advised of the unavailability of on-street overnight parking permits.

e.

Guest parking shall be provided as required by Table 4-6 (Off-Street Parking Space Requirements) of Section 17.46.040. The number of guest parking spaces provided shall not exceed the minimum number of guest parking spaces required by Table 4-6 of the Section 17.46.040.

4.

Modification. The Zoning Administrator may modify the required parking in a parking garage (including below grade and at or above grade garages) by allowing the total parking requirement to exceed or be reduced by five percent but not

more than 10 spaces, only if it can be shown to the satisfaction of the Zoning Administrator that such modification is necessary to alleviate on-site limitations resulting from, but not limited to, the configuration of the parking garage and/or vehicle circulation.

E.

Development Projects within the CG zoning district.

1.

¼ mile of the Allen Street Station. For development Projects located within ¼ mile of the Allen Street Station, multi-family uses are conditionally permitted, shall contain a minimum of 50 dwelling units, and shall have a maximum allowable density of 48 units per acre. The Conditional Use Permit shall also establish the appropriate setbacks.

2.

Between ¼ and ½ mile of the Allen Street Station. For development Projects that are located between ¼ of a mile and ½ mile of the Allen Street Station that do not make use of applicable TOD standards as allowed by the Section 17.50.340.A.5, and require a Conditional Use Permit for a project over 25,000 square feet of gross floor area, the additional findings identified in Section 17.50.340.C.4., shall not be required, but shall be used to guide the review of the Project and the development of appropriate conditions.

3.

Further reductions. The parking requirements may be further reduced through a parking demand study and the issuance of a Minor Conditional Use Permit in compliance with Section 17.61.050.

(Ord. No. 7420, § 6, 4-15-2024; Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7418, § 6, 2-26-2024; Ord. 7169 § 21, 2009; Ord. 7160 § 49, 2009; Ord. 7038 § 18, 2006; Ord. No. 7288, § 2, 11-21-2016)

A.

Applicability. The development standards of this Section shall apply to multi-family residential development projects utilizing a density greater than 48 dwelling units per acre located outside of a Residential zoning district or Specific Plan area.

B.

Density and height standards. The density and height standards for an urban housing development project shall be in compliance with the underlying zoning district.

C.

Setbacks required. In order to provide suitable amounts of air, light, and open space, the following setbacks shall be required:

1.

Front and corner side: In compliance with the underlying zoning district.

2.

Side and rear:

a.

Ten-foot minimum.

b.

Through the Design Review process, the side and rear setbacks may be reduced if the reduction results in a larger courtyard.

D.

Street entries required. Residential dwelling units located adjacent to the street shall have direct entries from the street.

E.

Open space required:

1.

A minimum of 30 percent of the net floor area of the structure shall be provided as open space.

2.

The minimum dimension of any open space shall be six feet in any direction. Private balconies, at-grade patios, rooftop gardens (including upper level terraces), and the portion of a front or corner side yard setback that is greater than the minimum requirement may be counted as open space.

3.

Not more than 35 percent of the total open space may be met by counting balconies.

4.

Planter balconies that are two feet or less in width shall not be counted as open space.

F.

Courtyard requirement. There shall be a ground-floor landscaped courtyard that shall be a minimum of 20 feet in any direction. Balconies may project up to four feet into the courtyard.

G.

Courtyard opening required.

1.

Opening required. For structures with 75 feet of street frontage or more, the street side of the structure shall have an opening into a landscaped courtyard.

2.

Minimum height of opening. This opening shall be a minimum of 50 percent of the overall height of the structure but not more than 25 feet.

3.

Minimum width of opening.

a.

The width of the opening shall be a minimum of 10 feet.

b.

If the depth of the structure opening is more than 30 feet, the minimum width of the opening shall be increased by one foot for every three feet of depth above 30 feet.

4.

Multiple frontages. For structures with multiple frontages, the Design Review process shall determine which frontages shall have an opening in compliance with Section 17.61.030.

5.

Gate transparency. Any gate placed across the courtyard opening shall have a minimum of 75 percent transparency.

6.

Modification through Design Review. The requirements of this Subsection may be modified through the Design Review process.

H.

Parking and Driveways.

1.

Location of parking.

a.

Parking areas shall be provided either at grade, semi-subterranean, or subterranean.

b.

Parking areas (e.g., provided at grade or semi-subterranean) shall not abut the front or corner side street elevations. Only completely subterranean parking facilities may be located within the front or corner side setbacks. All other parking areas shall be located behind the habitable living space required by Subparagraph c., immediately below.

c.

Each dwelling unit contiguous to a front or corner side street elevation shall have a habitable living space on the ground floor that is a minimum of 12 feet in depth, measured from the interior wall closest to the street.

2.

One space per unit on-site. For new development projects, parking shall be provided in compliance with Table 4-5 (OffStreet Parking Space Requirements — multi-family dwelling units) and there shall be a minimum of one off-street parking space for each residential unit located on the subject site.

3.

Guest parking required. Guest parking shall be provided for the residential units in compliance with Table 4-5 (Off-Street Parking Space Requirements — multi-family dwelling units).

Other spaces may be located off-site. All other parking spaces designed to serve the residential units may be located off-site with a long-term parking lease agreement in compliance with Subsection 17.46.020 I. (Location and ownership).

5.

Distance requirements. Off-site parking for residential units shall meet the distance requirements for commercial customer/visitor spaces in compliance with Subsection 17.46.020.I (Location and ownership).

6.

Conversion of existing structures. Conversions of existing structures (including additions) may provide parking for residential units off-site as long as they meet the distance requirements and there is a long term parking lease agreement all in compliance with Subsection 17.46.020 I.(Location and ownership).

7.

Driveway location. Driveways shall be located not more than five feet from a side property line. The review authority (i.e., Design Commission, Planning Director) may modify the location of a driveway to preserve a street tree or tree located on the site.

I.

Landscaping required. All areas of the subject site not devoted to lot coverage, driveways, or walkways shall be properly landscaped and maintained in compliance with Chapter 17.44 (Landscaping).

J.

Balconies.

1.

Balconies may project no closer than six feet to an interior or rear property line and four feet into a front or corner side setback.

2.

Balconies shall have a minimum dimension of six feet in order to count as required open space.

3.

Balconies that are designed to project over the public right-of-way shall have prior approval from the Department of Public Works.

K.

Fences and walls.

1.

Fences and walls located along a street frontage are limited to four feet in height.

2.

Fences and walls located within rear and interior side setbacks are limited to six feet in height.

Projects with rear and interior side yards located adjacent to commercial uses may have a fence or wall height up to eight feet.

4.

Fences located within front and corner side setbacks shall have a minimum of 50 percent transparency.

5.

Fence height shall be measure from the existing grade.

L.

Overnight parking permits not allowed.

1.

Up to one overnight street permit may be issued for each approved off-street parking space converted to an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 17.50.275. In all other instances, City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with this Section.

2.

Residential tenants shall be advised of the unavailability of on-street overnight parking permits.

M.

Urban noise levels.

1.

Residents of an urban housing development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area.

2.

The signature of the residents shall confirm receipt and understanding of this information.

N.

Loading and unloading of household goods. If the loading and unloading of furniture and household goods for residential dwelling units is to occur on the street, it shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.

(Ord. No. 7435, § 18, 10-28-2024; Ord. No. 7420, § 7, 4-15-2024; Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022)

17.50.360 - Vehicle Sales and Repair Services

A.

Applicability. Vehicle repair, when it is the main use or is an accessory use to vehicle sales, shall meet the additional standards identified in this Section.

B.

Distance Requirement. In the CG-1 district, vehicle repair shall be located a minimum of 500 feet from another vehicle repair use. This requirement shall be measured from property line to property line.

C.

Lot size. In the CG-1 district, vehicle repair uses shall have a minimum lot size of 15,000 square feet.

D.

Maximum floor space. The floor space dedicated to vehicle repair shall be limited to a maximum of 40 percent of the lot area.

E.

Servicing of trucks and industrial equipment prohibited. No servicing of trucks in excess of one and one-half ton capacity or industrial equipment of any type or character shall be allowed.

F.

All repair activities located within an enclosed structure.

1.

All hydraulic hoists and pits, and all equipment for greasing, lubrication, and allowed repairs shall be enclosed entirely within a structure.

2.

All areas or structures used for vehicle repair shall be located or soundproofed to prevent annoyance or detriment to surrounding properties.

G.

Limited hours and days of operation.

1.

All vehicle/equipment repair uses and related activities shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.

2.

The hours of operation or allowed days shall not be modified through a Conditional Use Permit.

H.

Allowed on-site for repair only. Damaged or wrecked vehicles shall not be stored on-site for purposes other than repair.

I.

On-site parking requirements.

1.

In order to ensure that adequate parking is provided on-site and that the potential for parking in the public right-of-way is minimized, on-site parking shall be provided at a minimum ratio of four spaces per 1,000 square feet of gross floor area.

Workstation/service bays used for the repair of vehicles shall not be credited toward meeting the on-site parking requirement.

3.

Queuing lanes to workstation/service bays shall not be credited toward meeting the on-site parking requirement.

J.

Parking only allowed on-site. All vehicles that are repaired and are waiting to be picked up by the owner of the vehicle shall be parked on-site and not in adjoining streets or alleys.

K.

Do not face abutting residential parcels. All new structures constructed for vehicle/equipment repair shall be constructed so that the entrances to individual workstation/service bays do not face abutting residential parcels or the public rightsof-way.

L.

Discarded vehicles and parts to be removed. All discarded vehicle parts or equipment, or permanently disabled, dismantled, or junked vehicles shall be removed from the premises within 30 days of arrival.

M.

Old tires to be stored in solid wall enclosure. Tires taken in on trade that have no more than salvage value shall be stored in a solid wall enclosure.

(Ord. 7160 § 50, 2009)

A.

Applicability. This Section provides standards for work/live and artists lofts/studios, including the reuse of existing nonresidential structures to accommodate work/live opportunities. Work/live quarters are especially intended for the use and occupation of artisans, artists, and individuals practicing similar professions as well as their families. Where Article 3 (Specific Plan) is silent the requirements of this Chapter shall control; where the provisions of this Section conflict with an adopted Specific Plan, the Specific Plan shall control.

B.

Design standards.

1.

Floor area requirement.

a.

A work/live unit shall have a minimum floor area of least 1,250 square feet.

b.

The maximum size of the residential portion of the work/live unit shall be 30 percent of the unit or 400 square feet, whichever is less, in order to ensure that the residential portion remains an accessory to the primary commercial use.

c.

A ground-level work/live unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.

2.

Unit access. Where there are multiple work/live units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.

3.

Internal integration of the work/live unit.

a.

There shall be direct access between the working and living spaces within the work/live unit.

b.

There shall be no separate entrance to the living space by a separate door. All access to the living space shall be from the working space.

c.

The working space shall not be leased separately from the living space; conversely the living space shall not be leased separately from the working space.

C.

Occupancy and employees.

1.

At least one full-time employee of business activity occupying the work/live unit shall also reside in the unit; conversely at least one of the persons living in the live portion shall work in the work portion.

2.

The business activity occupying the work/live unit may utilize nonresident employees, as necessary.

D.

Prohibited land uses. The following shall not be allowed in a work/live unit:

1.

Sexually oriented businesses;

2.

Motor vehicle maintenance and repair; and

3.

Welding and/or machining.

E.

Hazardous Materials. All uses with hazardous materials shall comply with the California Fire Codes and other applicable codes.

F.

Allowed uses. The uses in a work/live project are limited to those permitted by-right in the underlying zoning district.

G.

Compliance with City inspection program required.

1.

In order to ensure that a work/live unit continues to be operated as a bonafide work/live unit, all work/live units shall be subject to the City's quadrennial inspection program, if leased or rented, in compliance with Municipal Code Section 14.16.030.

2.

For a work/live unit that is owner-occupied or has been converted to a condominium, the units would be subject to the City's inspection program at the time each unit is resold.

H.

Business License required. The occupants of the work/live units shall maintain a valid City Business License in order to ensure that the primary use remains a commercial use.

I.

Inclusionary housing requirements. The construction of work/live units shall be subject to the inclusionary housing requirements of Section 17.42.040 (Inclusionary Unit Requirements).

J.

Environmental assessment required.

1.

Reuse of an existing structure shall require environmental assessment of the site.

2.

The written assessment report shall be submitted as part of the Conditional Use Permit application.

(Ord. No. 7435, § 18, 10-28-2024; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. 7099, § 37, 2007)

Article 6 - Land Use and Development Permit Procedures Chapter 17.60 - Application Filing and Processing

This Chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this Zoning Code.

Table 6-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this Zoning Code.

A.

When a single project incorporates different land uses or features so that this Zoning Code requires multiple land use permit applications, the Director may determine that all of the applications shall be filed concurrently, and reviewed, and approved or disapproved, by the highest level review authority assigned by Table 6-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Conditional Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Conditional Use Permit application by itself may be reviewed and acted upon by the Hearing Officer.)

B.

The Director may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Code.

(Ord. No. 7443, § 4, 3-3-2025; Ord. No. 7435, § 19, 10-28-2024; Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7414, § 10, 9- 11-2023; Ord. 7343 § 3, 4-8-2019; Ord. 7333 § 4 (Exh. 3), 10-15-2018; Ord. 7210 § 9 (Exh. 1), 2011; Ord. 7164 § 11 (Exh. 10), 2009; Ord. 7163 § 4 (Exh. 1), 2009; Ord. 7160 § 51, 2009; Ord. 7139 § 7 (Exh. 1), 2008; Ord. 7099 § 38 (Exh. 24), 2007; Ord. 7078 § 8 (Exh. 2), 2006; 7064, § 5 (Exh. 1), 2006; Ord. 7057 (Exh. 4), 2006; Ord. 7022 § 2 (part), 2005)