§ 17.40

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:

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