Chapter 17.78 — Enforcement

This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Zoning Code, and any conditions of land use permit or subdivision approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

All departments, officials, and public employees of the City who are assigned the authority or duty to grant/issue certificates, entitlements, licenses, permits, or other approvals shall comply with the provisions of this Zoning Code.

A.

Compliance with this Zoning Code. All persons empowered by the Municipal Code to grant certificates, entitlements, licenses, permits, or other approvals shall comply with the provisions of this Zoning Code.

B.

Permits in conflict with Zoning Code. Any certificate, license, entitlement, permit, or other approval that would be in conflict with the provisions of this Zoning Code shall not be granted/issued.

C.

Permits deemed void. Any certificate, license, entitlement, permit, or other approval granted/issued in conflict with the provisions of this Zoning Code shall be deemed void.

D.

Actions deemed void. An action taken by an official or public employee of the City in conflict with the provisions of this Zoning Code shall be deemed void.

All projects subject to this Zoning Code shall comply with all applicable provisions of the California Environmental Quality Act (CEQA), including all requirements for environmental documentation, mitigation compliance, and mitigation monitoring. Environmental processing of the projects shall be conducted in compliance with the City's Environmental Policy Guidelines.

A.

Designated City official. The Code Compliance Manager shall be responsible for enforcing all provisions of this Zoning Code.

B.

Other City officials. All officials of the City charged by law with the general duty of enforcing City ordinances shall also enforce the provisions of this Zoning Code.

(Ord. 7169 § 25, 2009)

A.

When voidable. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this Zoning Code shall be voidable at the sole option of the buyer, grantee, or person contracting to purchase, or their heirs, personal representatives, or trustee in insolvency or bankruptcy, within 12 months after the date of execution of the deed of conveyance, sale, or contract to sell.

B.

When binding. The deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the buyer, grantee, or person contracting to purchase other than those identified above, and upon the grantor, person, or vendor contracting to sell or their assignee, devisee, or heir.

Any use of land or structure operated or maintained contrary to the provisions of this Zoning Code, any structure constructed or maintained contrary to the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval not properly complied with shall be subject to the following:

A.

Public nuisance. Any use or structure which is altered, constructed, converted, enlarged, erected, established, installed, maintained, moved, operated, set up, or used contrary to the provisions of this Zoning Code, including the failure to comply with or carry out any condition attached to the grant of any Certificate of Appropriateness, Conditional Use Permit, Variance, or other permit or entitlement granted in compliance with this Zoning Code, is hereby declared to be unlawful and a public nuisance and shall be:

1.

Subject to the remedies and penalties identified in this Chapter and Chapter 14.50 (Property Maintenance and Nuisance Abatement) of the Municipal Code;

Subject to the remedies and penalties identified in Chapters 1.25 (Administrative Penalties — Compliance Orders) and 1.26 (Administrative Penalties — Citations) of the Municipal Code; and

3.

Summarily abated by this City.

B.

Stop Work Order.

1.

Any construction in violation of this Zoning Code or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order."

2.

Any violation of a Stop Work Order shall be subject to the penalties described in Subsection A. above.

17.78.070 - Remedies are Cumulative

A.

New and separate offence.

1.

Each day a violation of this Zoning Code or any conditions of land use permit or subdivision approval continues is a new and separate offense.

2.

Consequently, each person convicted may be deemed guilty of a separate offense for each and every day during any portion of which any violation is committed or allowed to exist.

B.

Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law.

C.

Other remedies. Should a person be found guilty and convicted of violating any provision of this Zoning Code, and any conditions of land use permit or subdivision approval, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

17.78.080 - Inspection

A.

Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property which is the subject of the application.

B.

Post-approval inspections. If the permit or other action in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and any conditions of approval imposed on the permit.

A.

Purpose. Discretionary land use permits issued in compliance with this Zoning Code may be revoked or modified in compliance with this Section.

B.

Procedures. This Section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.

C.

Revocations. The City's action to revoke a permit or entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

D.

Modifications.

1.

The City's action to modify a permit or entitlement, rather then to revoke it, shall have the effect of changing the operational aspects of the permit or entitlement.

2.

The changes may include the operational aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or entitlement is operated in a manner consistent with the original findings for approval.

E.

Hearings and notice.

1.

Scheduling of hearing. Upon a determination by the Zoning Administrator that there are reasonable grounds for revocation or modification of a discretionary permit approved in compliance with this Zoning Code, a public hearing shall be scheduled by the Zoning Administrator before the review authority which originally approved the permit.

2.

Notice.

a.

Public notice shall be given in the same manner required for the original public hearing on the permit application, in compliance with Chapter 17.76 (Public Hearings).

b.

If public notice was not required for the original application, none shall be required for the revocation/modification hearing.

c.

Fourteen days before the public hearing, notice shall be mailed to the applicant and/or owner of the use or structure for which the permit was granted.

d.

Notice shall be deemed delivered two days after being mailed, first-class mail, postage prepaid, through the United States Postal Service, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

3.

Hearing.

a.

The applicable review authority conducting the hearing shall hear testimony of City staff and the owner, or the project applicant if not the owner, of the use or structure for which the permit was granted, if present.

b.

At the public hearing, the testimony of any other interested person(s) shall also be heard.

F.

Review authority action.

1.

Permits. A land use permit or entitlement may be revoked by the review authority (e.g. Hearing Officer, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), or Council) which originally approved the permit or entitlement if any one of the following findings of fact can be made in a positive manner:

a.

Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit or entitlement can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;

b.

The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application or in the applicant's testimony presented during the public hearing for the permit or entitlement;

c.

One or more of the conditions of the permit or entitlement have not been substantially fulfilled or have been violated;

d.

The exercise of rights granted by the permit or entitlement has been discontinued for a continuous period of at least 12 months;

e.

The improvement authorized in compliance with the permit or entitlement is in violation of any code, law, ordinance, regulation, or statute; or

f.

The improvement/use allowed by the permit or entitlement has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.

2.

Variances. A Variance (major or minor) may be revoked by the review authority which originally approved the entitlement if any one of the following findings of fact can be made in a positive manner:

a.

Circumstances under which the Variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original Variance can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or

b.

One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.

3.

Modifications. The following finding shall be made before the modification of the conditions of approval of a permit or entitlement:

There are sufficient grounds to justify revocation that can be corrected by modifying existing conditions or imposing new or additional conditions.

G.

Decision and notice. Within 10 days of the conclusion of the hearing, the applicable review authority that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the hearing was held, to the project applicant, if not the owner of the subject property, and any other interested person who has filed a written request for the notice.

H.

Effective date. The effective date of a decision to revoke or modify a discretionary permit or entitlement shall be in compliance with Chapter 17.64.020 (Effective Dates).

(Ord. 7057 § 29, 2006)

This Section describes the procedures for initiating enforcement action in cases where the Zoning Administrator and Code Compliance Manager have determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code and any conditions of land use permit or subdivision approval. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided. For purposes of this

Section, whenever the term "Neighborhood Services Administrator" is used, it should be understood that the term also includes the "Zoning Administrator."

A.

Notice of Violation. The Code Compliance Manager shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of the violation(s), and citations of applicable Zoning Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B, below;

3.

A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Chapter 1.30 of the Municipal Code and/or initiate legal action as described in Section 17.78.110 (Legal Remedies), below;

4.

A statement that the property owner may request and be provided a meeting with the Code Compliance Manager to discuss possible methods and time limits for the correction of the violation(s).

B.

Time limit for correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Code Compliance Manager within that time to arrange for a longer period for correction.

2.

The 30-day time limit may be extended by the Code Compliance Manager upon determining that the responsible party would likely correct the violation(s) within a reasonable time.

3.

The Code Compliance Manager may also require through the Notice of Violation that the correction occur within less than 30 days if the Code Compliance Manager determines that the violation(s) constitutes a hazard to public health or safety.

C.

Use of other enforcement procedures. The enforcement procedures of Section 17.78.110 (Legal Remedies), below may be employed by the Code Compliance Manager after or instead of the provisions of this Section where the Code Compliance Manager determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.

(Ord. 7169 § 26, 2009)

The City may choose to undertake any, or a combination, of the following legal actions to correct and abate any nuisance or violation of this Zoning Code.

A.

Civil actions.

1.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation of this Zoning Code.

2.

Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Section17.78.100 A. (Notice of Violation) above and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

3.

Nuisance abatement. The City may pursue nuisance abatement in compliance with Chapter 14.50 (Property Maintenance and Nuisance Abatement) of the Municipal Code.

B.

Civil remedies and penalties.

1.

Civil penalties. Any person who willfully violates the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval, shall be liable for a civil penalty for each day that the violation continues to exist.

2.

Costs and damages. Any person violating any provisions of this Zoning Code or any permit issued in compliance with this Zoning Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s) in compliance with Chapter 1.30 of the Municipal Code.

3.

Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

C.

Criminal actions and penalties. Any person, whether as agent, principal, or otherwise, violating or causing the violation of any of the provisions of this Zoning Code, and any conditions of land use permit or subdivision approval, shall be subject to the penalties in Section 17.78.060 (Violations) above.

D.

No limit on City's options. The penalties identified in this Chapter do not limit the right of the City through its legal representative(s), as authorized by the Council upon request of the enforcing officials, to institute any appropriate legal procedure(s) as prescribed by law to abate, correct, enjoin, or restrain any actual or threatened violation of this Zoning Code.

E.

Limitations on action.

1.

Any action or proceeding to annul, attack, review, set aside, or void any decision made in compliance with this Zoning Code relating to any right or entitlement allowed or authorized by this Zoning Code, including Certificates of Appropriateness, Code Compliance Certificates, Conditional Use Permits, Variances, interpretations of the Zoning Administrator, and each and every other permit, entitlement, revocation, or grant authorized or allowed by this Zoning Code, and decisions to change a district classification, or use, or development regulation; or concerning any of the acts, determinations, or proceedings taken, done, or made before the decisions; or to determine the legality, reasonableness, or validity of any condition attached thereto shall not be maintained by any person unless the action or proceeding is filed and served in accordance with State law (Government Code Section 65009).

2.

Thereafter, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the decision or of the acts, determinations, or proceedings.

F.

Exhaustion of administrative remedies. Nothing in this Section shall relieve a person desiring to annul, attack, review, set aside, or void any decision of the acts, determinations, or proceedings taken, done, or made before the decision from their obligations to exhaust their administrative remedies before commencing any action or proceedings.

G.

Limitations on issues.

1.

In an action or proceeding to annul, attack, review, set aside, or void a finding, decision, or determination made in compliance with this Zoning Code at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the City before, or at, the public hearing, except where the courts find either of the following:

a.

The issue could not have been raised at the public hearing by persons exercising reasonable diligence; or

b.

The applicable review authority conducting the public hearing prevented the issue from being raised at the public hearing.

2.

These limitations shall apply only if the public notice issued in compliance with this Zoning Code contains substantially the notice identified in State law (Government Code Section 65009[B][2]), or in any successor Section enacted after the effective date of this Section.

H.

Notice of determination.

1.

Notice of the applicable review authority's decision and its written findings shall be mailed first-class mail, postage prepaid and include a copy of an affidavit or certificate of mailing, to the applicant and any interested party.

2.

The notice shall include direct notice that the time within which judicial review of the decision shall be sought is governed by State law (California Code of Civil Procedure Section 1094.6.).

I.

Notice of violation. Whenever knowledge is obtained that real property has been divided in violation of State law (Government Code Section 66410 et seq.) or any City ordinance enacted in compliance with State law, an intent to record a notice of violation shall be pursued by the Director.

The intent of this Chapter is to recover City administrative costs reasonably related to enforcement in compliance with Chapter 1.30 (Inspection and Cost Recovery) of the Municipal Code.

Article 8 - Glossary of Specialized Terms and Land Use Types Chapter 17.80 - Glossary of Specialized Terms and Land Use Types

This Chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this Chapter, or in other provisions of the Municipal Code, the Zoning Administrator shall determine the correct definition.

As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. Definitions of land uses are followed by the term (land use).

A.

Definitions, "A."

Abutting or Adjoining.

Having zoning district boundaries or lot lines in common.

Access Corridor.

See "Lot - Flag or Corridor Lot."

Accessory Dwelling Units (land use).

A residential dwelling unit that provides complete independent living facilities for one or more persons on the same parcel as a proposed or existing legal single-family residence. An accessory dwelling unit shall include permanent provisions that include, but are not limited to, living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit

includes only conditioned living areas within exterior walls and a roof. An "attached accessory dwelling unit" means attached to the primary single-family residence or multifamily structure.

1.

Conversion Accessory Dwelling Unit. An accessory dwelling unit constructed through conversion of part of the existing floor area of a primary single-family or multi-family residence or an existing structure accessory to a primary residence, such as a garage, a carriage house, a pool house, a rear yard studio, or similar enclosed structure. An "attached converted accessory dwelling unit" means within the primary single-family residence or multifamily structure.

2.

Newly Constructed Accessory Dwelling Unit. An accessory dwelling unit constructed as a new structure, or by addition to an existing structure, either attached to or detached from a primary single-family residence and located on the same lot.

3.

Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit is limited to a maximum area of 500 square feet and shall be constructed within the walls of the proposed or existing single-family residence and/or attached garage or other non-habitable attached space.

4.

Multi-family. For purposes of accessory dwelling unit regulation, multi-family shall be defined as two or more attached units, existing or proposed.

5.

Exemption Accessory Dwelling Unit. Pursuant to state law, a statewide Exemption ADU or Exempt ADU is an Accessory Dwelling Unit conforming to the standards contained in Section 17.50.275.B.2.a.2 or Section 17.50.275.B.2.b.1.

Accessory Structure.

See "Structure, Accessory."

Accessory or Incidental Uses (land use).

A land use that is incidental and subordinate to the main use of the site and located on the same site as the main use. An accessory use may be located either in the principal structure or an accessory structure.

Accessory Tasting Room (land use).

The sale of beverages manufactured on the premises for on-site or off-site consumption. It includes establishments such as breweries, wineries, and distilleries that offer tastings and sales of alcohol beverages in accordance with a license issued by the California Department of Alcoholic Beverage Control.

Acting in Concert.

Means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

Adaptive Reuse Project.

Means any project where any portion of the existing non-residential building is converted to residential multifamily or mixed use.

Adjacent Parcel.

Means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a

public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

Adult Day Care, General (land use).

Provision of nonmedical care for seven or more persons on a less than 24-hour basis. Includes day care centers for adults.

Adult Day Care, Limited (land use).

Nonmedical care and supervision for six or fewer persons on less than a 24-hour basis.

Affordable Housing Definitions.

The following terms and phrases are defined for the purposes of Chapter 17.42 (Inclusionary Housing Requirements) and Chapter 17.43 (Density Bonus, Waivers and Incentives).

1.

Adjusted for Household Size Appropriate for the Unit. A household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.

2.

Affordable Housing Cost. The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of its gross income, adjusted for household size appropriate for the unit, as follows:

a.

Very low-income households, rental units. Thirty percent of 50 percent of the Los Angeles County median income.

b.

Low-income households, rental or for-sale units. Thirty percent of 80 percent of the Los Angeles County median income.

c.

Moderate-income households, for-sale units. Forty percent of 110 percent of the Los Angeles County median income.

d.

Moderate-income households, rental units. Thirty percent of 120 percent of the Los Angeles County median income.

3.

Concessions or Other Incentives. Concessions or other incentives include a reduction in a site development standard or modification of another Zoning Code requirement or design requirement that results in an identifiable, financially sufficient, and actual cost reduction; or, approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in an identifiable, financially sufficient, and actual cost reduction, as determined by the City in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in Chapter 17.43.

4.

Density Bonus. A density bonus is an increase in density above the otherwise maximum allowable residential density under this Title and the Land Use Element of the General Plan as of the date the development application for the project

is deemed complete. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in the following section. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in Chapter 17.43 or by State law.

5.

Developer. Any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a residential project.

6.

Development Standard. For Chapter 17.43 (Density Bonus, Waivers and Incentives), a development standard includes a site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver does not include additional density beyond that allowed in Chapter 17.43.

7.

Inclusionary Housing Agreement. A legally binding agreement between a developer and the City, in a form and substance satisfactory to the City Manager or Assistant City Manager and City Attorney, containing those provisions necessary to ensure that the requirements of this Chapter, whether through the provision of inclusionary units or through an alternative method, are satisfied.

8.

Inclusionary Housing Plan. The plan referenced in Section 17.42.070 A. (Procedures), and further described in the City's regulations for the implementation of Chapter 17.42 (Section 17.42.020.A), which identifies the manner in which the requirements of Chapter 17.42 will be implemented for a particular residential project.

9.

Inclusionary Housing Trust Fund. Shall have the meaning identified in Section 17.42.110 (Inclusionary Housing Trust Fund), below.

10.

Inclusionary Unit. A dwelling unit that will be offered for sale or rent to low- and moderate-income households, at an affordable housing cost, in compliance with this Chapter.

11.

Low-Income Households. Households whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

12.

Low-Income Units, Moderate-Income Units, and Very Low-Income Units. Inclusionary units restricted to occupancy by low, moderate, or very low-income households, respectively, at an affordable housing cost.

13.

Market Rate Units. Those dwelling units in a residential project that are not inclusionary units.

Moderate-Income Households. Households whose gross income does not exceed 120 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

15.

Redevelopment Agreement. An Owner Participation Agreement, Disposition and Development Agreement, or similar agreement entered into between the Community Development Commission and a developer.

16.

Regulations. The regulations adopted by the Council in compliance with Section 17.42.020.A for the implementation and enforcement of the provisions of Chapter 17.42.

17.

Residential project. A subdivision resulting in the creation of 10 or more residential lots, the new construction of a project consisting of 10 or more multi-family units, 10 or more single-room occupancy units, or 10 or more single-family units for which a PD approval is obtained.

18.

Substantial Rehabilitation or Substantially Rehabilitated. The rehabilitation of a dwelling unit(s) that has substantial building and other code violations, and has been vacant for at least 180 days, in that the unit is returned to the City's housing supply as decent, safe, and sanitary housing, and the cost of the work exceeds $40,000.00 per dwelling unit, as that amount may be adjusted for inflation in compliance with the City's regulations for the implementation of Chapter 17.42 (Section 17.32.020.A).

19.

Total Housing Costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities. For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), homeowner's association dues, mortgage insurance, taxes, utilities, and any other related assessments.

20.

Very low-Income Households. Households whose gross income is equal to 50 percent or less of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development.

Agent.

A person authorized in writing by a property owner to represent and act for the property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Code.

Alcohol Beverage Manufacturing (land use).

A use where manufacturing of beer, wine, or other alcohol beverages are produced and prepared. Sale for off-site consumption permitted.

Alcohol Sales — Beer and Wine (land use).

A use that provides accessory sales of beer and wine for off- or on-site consumption.

Alcohol Sales — Full Alcohol Sales (land use).

A use that provides accessory sales of alcoholic beverages including beer, wine, and distilled spirits for off- or on-site consumption.

Alley.

Any public roadway without curbs or sidewalk having a roadway not exceeding 25 feet in width that is primarily used for access to the rear or side entrances of abutting properties.

Alternative Fuels and Recharging Facilities (land use).

A commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles.

Alter or Alteration.

To make a change in the supporting members of a structure (e.g., bearing walls, columns, beams or girders) that will prolong the life of the structure.

Animal, Large.

An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.

Animal Sales and Services (land use).

1.

Animal Boarding. The provision of shelter and care for small animals on a commercial basis including activities (e.g., feeding, exercising, grooming, and incidental medical care).

2.

Animal Grooming. The provision of bathing and trimming services for small animals on a commercial basis. These uses include boarding of domestic animals within a fully enclosed area.

3.

Animal Hospital. Establishments where small animals receive medical and surgical treatment.

4.

Animals, Retail Sales. The retail sales and boarding of small animals within an entirely enclosed building. These uses include grooming, if incidental to the retail use, and boarding of animals not offered for sale within a fully enclosed area.

Animal Shelter (land use).

A facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted animals. May include incidental activities including vaccination, training classes, spay/neuter services, and boarding services.

Animal, Small.

An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept as domestic pets within a dwelling unit.

Antenna.

See "Telecommunications Facility Definitions."

Appeal.

A request by an interested party for a de novo review of a decision.

Applicant.

A person filing an application in compliance with this Zoning Code who is:

The owner or lessee of property;

2.

A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Zoning Code, and who presents written authorization from the property owner to file an application with the City; or

3.

The agent of either of the above who presents written authorization from the property owner to file an application with the City.

Approval.

Includes both approval and approval with conditions.

Appurtenance.

A tower, spire, cupola, chimney, penthouse, water tank, flagpole, theater scenery loft, radio or television antenna, transmission tower, fire equipment, or other similar structure that is attached to a structure and not intended for human occupancy.

Architectural Attributes.

The design and/or construction technique and elements or combination of elements that are the character-defining features of a structure.

Architectural Feature.

Any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.

Architectural Projection.

A marquee, porch, canopy or similar projection of a building.

Area, Bar.

An area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for primarily preparing and serving nonalcoholic beverages. Bar area shall include any seating area where tables and chairs are devoted to serving or consuming these beverages and the area used primarily for the preparation of beverages.

Area, Building.

The sum in square feet of the area of the horizontal projections of all buildings on a lot excluding buttresses, chimneys, cornices, eaves, open pergolas, patios, steps, unenclosed and unroofed terraces, unenclosed private balconies not used for access, and minor ornamental features projecting from the walls of a building which are not directly supported by the ground.

Area, Dining.

The seating area including aisles within a restaurant, fast-food, or formula fast- food restaurant where food and beverages are served. This includes any outdoor area not located on the sidewalk.

Area, Lot or Site.

The horizontal area within the property lines of a lot. If a street dedication is required, the lot or site area shall be calculated using the size of the lot prior to the street dedication.

Area, Seating.

An area that is part of a restaurant that includes tables and chairs that are movable or where seats are bolted or

otherwise fixed and immovable or an area of a religious facility that does not have permanent seats that is used for religious worship. (This definition also applies to religious facilities.)

Attendant Parking.

A parking facility where a lot attendant parks vehicles for drivers. This term is used interchangeably with "valet parking."

Attic.

The area located between the top plate and the roof or ridge of a building. Does not include any area in which the top plate is more than 18 inches from the floor joists.

Automated Teller Machines (ATM) (land use).

A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.

Awning.

A permanent or temporary structure attached to and wholly supported by a building and installed over or in front of openings or windows, and consisting of a fixed or movable frame, and covered in canvas or other similar material.

B.

Definitions, "B."

Banks, Financial Institutions (land use).

A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money.

Banks with Walk-up Service (land use).

Institutions providing services to persons at a walk-up window or automated teller machine. See Automated Teller Machine (ATM).

Bars or Taverns (land use).

An establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, saloons, and taverns. This use includes establishments that have a California Alcoholic Beverage Control (ABC) on-sale beer premises license (Type 40), on-sale beer and wine public premises license (Type 42), on-sale general public premises license (Type 48), and on-sale beer public premises license (Type 61) as defined by State law (California Business and Professions Code Section 23000 et seq.).

Bars, with Live Entertainment (land use).

A bar or tavern that provides incidental musical performances, where the performance area does not exceed 75 square feet and customer dancing does not occur. The use shall instead be classified as a nightclub if the performance area exceeds 75 square feet or customer dancing occurs.

Basement.

That portion of a building that is fully below existing grade or partly below and up to three feet above existing grade.

Bathroom.

A room containing all of the following: a sink, toilet, and shower or bathtub. A partial bathroom is missing at least one of those components.

Bed and Breakfast Inns.

See "Lodging - Bed and Breakfast Inns."

Blockface.

The lots abutting on one side of a street, between the two nearest intersecting streets or a City boundary.

Boarding Houses (land use).

A residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence.

Building.

A structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels, or property of any kind. See "structure."

Building Area.

See "Area, Building."

Building Elements.

Architectural elements intended to enhance a building's appearance including upper floor loggias or pergolas recessed within a building, roofed balconies, exterior wooden or masonry stairs with closed risers, and tile or masonry fountains.

Building Frontage.

See "Frontage, Building."

Building Materials and Supplies Sales (land use).

Retailing, wholesaling or rental of building supplies or equipment. These uses include lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes the exclusive retail sales of paint and hardware, and activities classified under Vehicle Services - Sales and Leasing. Accessory sales of paint and hardware is permitted.

Building Separation.

Separation between buildings at all stories.

Business Support Services (land use).

An establishment within a building, providing other businesses with various services including maintenance, repair and service, testing, rental, etc.; also includes:

business equipment repair services (except vehicle repair, see "Vehicle/Equipment Sales, Leasing and Services")

computer-related services (rental, repair) equipment rental businesses within buildings film processing and photofinishing heavy equipment repair services where repair occurs on the client site janitorial and window-cleaning services mail-box services outdoor advertising services

C.

Definitions, "C."

California Environmental Quality Act (CEQA).

The California Environmental Quality Act (CEQA) is the State law implemented by the City's Environmental Policy

Guidelines and contained in the California Public Resources Code, Section 2100 et seq. Definitions of other CEQArelated terms are located in the City's Environmental Policy Guidelines.

California Public Utilities Commission (CPUC).

The governmental agency that regulates the terms and conditions of public utilities in the State.

California Register of Historic Resources (Also California Register).

The State Statute codified in the California Public Resources Code Section 5020.1 et seq.

Call for Review.

A request by the Commission, Design Commission or Council for a de novo review of a decision.

Car share vehicle.

A motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.

Car Wash.

See "Vehicle Services - Washing/Detailing."

Caretaker Quarters (land use).

A dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by a guard or caretaker, and may include a single housekeeping unit. Only one caretaker unit is allowed on a single site.

Carpool.

A vehicle carrying two or more persons commuting together to and from work on a regular basis.

Carport.

A permanently covered building open on one or more sides used for automobile shelter and storage. Canvas, fiberglass, lath, vegetation, or other similar material are not ordinary roof coverings and cannot be used in providing covered spaces for a carport.

Catering Services (land use).

Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

Charitable Institutions (land use).

A not-for-profit use that distributes or facilitates the giving of goods and services for the relief of the needy. This use classification includes soup kitchens, regularly staffed drop-off facilities for clothing and household goods and food banks.

Child.

A person who is under 18 years of age for whom care and supervision are being provided in a child day-care facility.

Child Day Care (land use).

1.

Child Day-Care Centers. A child day-care facility other than a family day-care home which includes infant centers, preschools and extended day-care facilities. A day-care center is considered a business, not a residential use, and may provide 24-hour service.

2.

Large Family Day-Care Homes. A family day-care home that serves nine to 14 children, including children who reside at the home as defined in Health and Safety Code Chapter 3.4.

Small Family Day-Care Homes. A family day-care home that serves eight or fewer children, including children who reside at the home, as defined in Health and Safety Code Chapter 3.4.

City.

The City of Pasadena, State of California.

City Manager or the Assistant City Manager.

The City Manager or the Assistant City Manager for the City of Pasadena.

Clubs, Lodges, Private Meeting Halls (land use).

A meeting, recreational, or social facility of a private or nonprofit organization primarily for use by members or guests.

Collection Building.

A building with a gross floor area of 225 square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization.

Colleges - Nontraditional campus setting (land use).

Includes public or private colleges and universities granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites. This use does not include any form of student housing (e.g., dormitories, fraternities, multi-family housing, or sororities).

Colleges - Traditional campus setting (land use).

Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. These facilities maintain a traditional campus setting, typically covering many acres of land with extensive landscaped court yards adjoining multi-story buildings that house lecture halls, classrooms, laboratories, and offices for professors and department administrative staff. Other on-campus structures may contain administrative centers, student unions, libraries, and cafeteria facilities.

Commercial Entertainment (land use).

Provision of spectator entertainment for commercial purposes. This use includes theaters, concert halls, cinemas, nightclubs, or comedy clubs.

Commercial Growing Area (land use).

The raising of flowers, orchard crops, ornamental trees, shrubs, or vegetables as a commercial enterprise without permanent structures, and without the on-site storage of nursery equipment or materials.

Commercial Nurseries (land use).

A horticulture establishment that sells plants, seeds, shrubs, and various gardening equipment. This includes garden centers. All merchandise other than the plants are kept within an enclosed structure or fully screened. Fertilizers of any type are stored and sold in package form only.

Commercial Off-Street Parking (land use).

The commercial parking of vehicles for nonresidential uses. The parking is not required parking for a specific use.

Commercial Recreation - Indoor (land use).

Provision of indoor participant or spectator recreation that is operated as a business and open to the public for a fee. This classification includes billiard parlors, bowling alleys, ice- or roller-skating rinks, and karaoke uses.

Commercial Recreation - Outdoor (land use).

Provision of outdoor participant or spectator recreation that is operated as a business and open to the public for a fee. This classification includes amusement parks, golf courses, miniature golf courses, and outdoor swimming pools.

Commercial Use.

See "Land Use Classifications."

Commission.

The City of Pasadena Planning Commission, referred to in this Zoning Code as the "Commission."

Common ownership or control.

Means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Communications Facilities (land use).

Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities and wireless telecommunications antenna facilities. This use includes radio, television, or recording studios, and telephone switching centers.

Conditionally Allowed.

Allowed subject to approval of a Conditional Use Permit or Temporary Conditional Use Permit.

Conference Centers (land use).

A building or complex of buildings that is used as a conference center and includes auditorium, meeting rooms exhibition space, and banquet facilities.

Convenience Stores (land use).

A retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience and travelers' shopping needs.

Council.

The City of Pasadena City Council, referred to in this Zoning Code as the "Council."

County Assessor.

The Los Angeles County Assessor.

Coverage, Lot or Site.

The percentage of a site covered by roofs, soffits or overhangs extending more than three feet from a wall, and by decks more than four feet in height. Roofs with openings or perforations 50 percent or greater of their surface area, pools, or hot tubs shall not be included in lot coverage calculations.

Cultural Institution (land use).

A nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This use includes libraries, museums, and art galleries.

Custom Manufacturing/Artisan Production (land use).

A small-scale use limited to a maximum gross floor area of 15,000 square feet that involves the assembly, compounding, design, development, evaluation, manufacturing, processing, packaging, or treatment of components into products and conducted within enclosed buildings. Uses requiring state or federal emissions permits are excluded. Truck trips are limited to maximum of 10 per day. Accessory uses that support the primary use may comprise up to 25% of the gross floor area. Accessory uses may include, but are not limited to, outdoor dining, on-site food and beverage tastings, and retail.

D.

Definitions, "D."

Day/Health Spa.

Any premises, place of business or membership club providing facilities devoted especially to health, beauty, and relaxation that deals with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments. A medical spa shall be classified as a Medical Office land use.

dBA.

A number in decibels read from a sound level meter with the meter switched to the weighting scale "A."

Decision.

An action in compliance with this Zoning Code, including Tentative Tract or Parcel Maps, Certificates of Appropriateness, Conditional Use Permits, Hillside Development Permits, Lot Line Adjustments, Home Occupation Permits, Zoning Administrator Interpretations, Design Review, Variances, and Personal Property Sales Permits. Any combined application shall be treated as a single decision.

Density.

The number of dwelling units on a lot in relation to the lot size, expressed in units per acre. If a street dedication is required, density shall be calculated using the size of the lot prior to the street dedication.

Density Bonus.

A density increase of at least 25 percent over the otherwise maximum allowable residential density established by this Zoning Code and in the Land Use Element of the Comprehensive General Plan as of the date of application by the developer.

Department.

The City of Pasadena's Planning and Development Department, referred to in this Zoning Code as the "Department."

Detention Facility (land use).

A facility providing housing, care, and supervision for persons confined by law under the direction and control of any law enforcement agency including the California State Department of Corrections and the U.S. Immigration and Naturalization Service.

Developer.

Any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approvals for all or part of a development project.

Development.

Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning Code.

Development Agreement.

An agreement between the City and a developer in compliance with Government Code Section 65864 and Chapter 17.66 (Development Agreements) of this Zoning Code.

Dining Area.

See "Area, Dining."

Director.

The City of Pasadena Director of Planning and Development, referred to in this Zoning Code as the "Director."

Disability.

With respect to a person:

1.

A physical or mental impairment that substantially limits one or more of the person's major life activities;

2.

A record of having an impairment as described in Subsection 1. above; or

3.

Being regarded as having an impairment, but the term does not include current illegal use of, or addiction to, a controlled substance.

The foregoing and related terms shall be interpreted in a manner consistent with the same or similar terms set forth in Code of Federal Regulations (CFR) Title 28, Section 35.104, as amended.

Dispatch Facility.

See "Transportation Dispatch Facility."

Discretionary Approval.

Any approval or entitlement granted in compliance with this Zoning Code that requires the exercise of discretion, including the ability of the review authority to impose conditions of approval. The types of discretionary approvals required by the City can include an Adjustment Permit, Conditional Use Permit, Certificate of Appropriateness, Design Review, Expressive Use Permit, Filming Permit, Hillside Development Permit, Landmark Designation, Subdivision Map, Sign Exception, Temporary Use Permit, and Variance.

Distribution Line.

An electric power line bringing power from a distribution substation to consumers.

District, or Subdistrict.

See "Zoning District."

Donation Collection Facilities.

A bin used for the collection of donated materials, including household goods and clothing. Such facilities are not regularly staffed with employees. Any such facility that is regularly staffed with employees shall be classified as a charitable institution.

Dormitory (land use).

A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar public, semi-public use.

Drive-Through Businesses (land use).

An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services.

1.

Drive-Through Businesses, Non-Restaurants. A drive-through business that serves a use not related to a restaurant, fast food restaurant or formula fast food restaurant. This use includes the operation of drive-up or a drive-through service at a bank or financial institution, food sales (for off-site preparation or consumption only), personal services, and retail sales (e.g., pharmacy).

Drive-Through Businesses, Restaurants. A drive-through business that operates in conjunction with a restaurant, fast food restaurant or formula fast food restaurant.

Dwelling Unit.

One or more rooms with no more than one kitchen, designed for occupancy by one family or single housekeeping unit for living and sleeping purposes, with all rooms (except an attached garage or carport) accessible from the interior of the dwelling unit.

E.

Definitions, "E."

Easement.

A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Electronic Game Centers (land use).

An establishment that provides more than four amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using.

Emergency Shelters (land use).

A nonprofit facility that provides short-term lodging without rent or fees on a first-come first-serve basis.

Emergency Shelters, Limited (land use).

A nonprofit facility that provides short-term lodging without a fee or rent on a first-come first-serve basis for not more than forty persons at one time.

Encroachment Plane.

An inclined plane sloping inward measured either from the vertical or the horizontal and extending along a property line. See Section 17.40.150 (Setback and Encroachment Plane Requirements and Exceptions).

Environmental.

The following terms are used in conjunction with environmental evaluation in compliance with the City of Pasadena Environmental Policy Guidelines. Definitions of other CEQA related terms are located in the Environmental Policy Guidelines.

1.

California Environmental Quality Act (CEQA). The California Environmental Quality Act (CEQA) is the State law contained in the California Public Resources Code, Section 2100 et seq. It is implemented by the City of Pasadena Environmental Policy Guidelines.

2.

Environmental Impact Report (EIR). A detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of an EIR are discussed in CEQA Guidelines Article 9, commencing with Section 15120 and in the City of Pasadena Environmental Policy Guidelines, Section 8.5. The term "EIR" may mean either a draft or a final EIR depending on the context.

Exemption. An action that is not subject to CEQA is determined to be an exemption. This exempt status may be documented with a Notice of Exemption.

4.

Initial Study. A preliminary analysis of the environmental effects of a proposed action used to determine whether an EIR, Subsequent EIR, Supplemental EIR, Addendum to an EIR, or a Negative Declaration must be prepared and used to identify the significant environmental effects to be analyzed. The Initial Study may also be used to streamline environmental review by determining that a previous EIR adequately analyzes the current proposed project or whether the project is part of a larger project, and a master, tiered, program, or focused EIR would be appropriate.

5.

Mitigation. The term, as used in this Zoning Code and the City of Pasadena Environmental Policy Guidelines, shall include the following:

a.

Avoiding the impact altogether by not taking a certain action or parts of an action.

b.

Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

c.

Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.

d.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

e.

Compensating for the impact by replacing or providing substitute resources or environments.

6.

Negative Declaration. A written statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and why it does not require the preparation of an EIR. The accompanying Initial Study shall support the reasons.

7.

Project. Under CEQA a project is the whole of an action that has the potential to result in either a direct physical change or a reasonably foreseeable indirect physical change in the environment.

Existing Grade.

See "Grade, Existing."

Expressive Use.

A use that is permitted subject to a public hearing process in which the use is evaluated against approval criteria.

F.

Definitions, "F."

Family.

Two or more persons living together as a single housekeeping unit in a dwelling unit. This term does not include a boarding house. Also see "Single Housekeeping Unit."

Farmers' Markets (land use).

An outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5.

Feasible.

Capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors.

Filming, Long-Term (land use).

Commercial motion picture filming, videotaping and professional photography at the same location more than six days per quarter of a calendar year in residential and public, semipublic districts or more than 15 days per quarter of a calendar year in all other zoning districts.

Filming, Short-Term (land use).

Commercial motion picture filming, videotaping or professional photographing at the same location six or fewer days per quarter of a calendar year and up to 24 days of a calendar year in residential and public, semipublic districts or 15 days or fewer per quarter of a calendar year and up to 60 days of a calendar year in all other zoning districts.

Film Liaison.

The person designated to perform the duties prescribed by this Zoning Code relating to the regulation of commercial filming.

Firearm Sales (land use).

The retail sale of firearms or ammunition by a firearms dealer, whether it is the principal sales item or incidental to the overall sales. This use includes firearms dealers that transfer and lease any firearms.

Floor Area, Gross.

1.

For projects subject to the RS and RM-12 development standards, "gross floor area" means the floor area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure and all accessory structures, including required parking (either garage or carport). Any portion of a structure, including stairwells, over 17 feet in interior height, is counted twice for purposes of computing floor area. For flag lots, see 17.40.050 D (Development standards for flag lots).

2.

In all other districts, "gross floor area" means the total enclosed area of all floors of a building measured to the inside face of the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet, but excluding area used exclusively for vehicle parking or loading.

Floor Area, Net.

The total floor area of a structure, but excluding garages, hallways, lobbies, elevators and other common spaces.

Floor Area Ratio (FAR).

The numerical value obtained by dividing the aboveground gross floor area of a building or buildings located on a lot by the total area of the lot. If a street dedication is required, the calculation shall be based on the total area of the lot before the street dedication. For projects subject to the RS and RM-12 development standards, vehicular easements (excluding

easements for utility purposes), private streets and the pole portion of flag lots shall be excluded from the calculation of lot area. See Figure 8-1.

==> picture [247 x 266] intentionally omitted <==

Figure 8-1 - Floor Area Ratio

Food Sales (land use).

The retail sale of food and beverages for off-site preparation or consumption. This use may also include bakeries and the provision of other services (e.g., banks, copy services, dry cleaners, film processing, food take-outs, pharmacies, video rentals, etc.) under one roof. The use shall be classified as a convenience store if it is 3,500 square feet or less.

Fraternity, Sorority (land use).

A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members and their guests or visitors and affiliated with a college or university.

Front Footage of Building Occupancy.

The single linear dimension measured at the ground floor along a building frontage that defines the limits of the particular occupancy at that location. The linear dimension does not include overhangs, porches, etc.

Frontage, Building.

The side or face of the building which is parallel to or is at an angle of 45 degrees or less to a public street or a public parking area.

Frontage, Street or Highway.

The portion of a lot that borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot from the public street, highway or parkway.

Fueling Position.

A space where vehicles can be fueled from an operable fuel dispenser.

G.

Definitions, "G."

Garage.

A permanently roofed structure with three enclosed sides and a garage door, that is used for automobile shelter and storage.

Garden, Ancillary.

A predominately landscaped area that is separate and distinct from the main garden and meets the minimum dimensions and area as described in 17.22.080.

Garden Enclosure.

The surrounding of the perimeter of a main garden with building walls, architectural elements (e.g., low walls, or trellises, or linear landscape elements [e.g., hedges or rows of trees]).

Garden, Main.

A primarily landscaped, well-defined, rectangular open space that provides a central focus, and is an essential component in the design of a multi-family residential project subject to the City of Gardens provisions (17.22.070).

Garden, Private.

A predominately landscaped area adjacent to and accessible from a residential unit for the sole use of the occupants of the residential unit and that meets the required area under the City of Gardens requirements (17.22.080).

Garden, Total.

The total garden requirement in a multi-family residential project subject to the City of Gardens provisions (17.22.080) including: the main garden, the front yard (minus the driveway), side yards that are within 40 feet of the front setback line, and common open space that has a minimum dimension of 10 feet and meets the main garden requirements. Swimming pools, spas, tennis courts and other amenities are included as part of the total garden.

General Plan.

The City of Pasadena Comprehensive General Plan, as amended.

Government Code.

The State of California Government Code.

Grade, Existing.

The surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.

Grade, Finished.

The elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code. Where the finished grade is below the level of the existing grade, the existing grade shall be used for this purpose, except within the HD (Hillside Overlay) district.

Grade, Street.

The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

Gross Floor Area.

See "Floor Area, Gross."

H.

Definitions, "H."

Habitable Room or Space.

A room or space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered a habitable room or space.

Hearing Officer.

The person appointed to perform the duties prescribed by this Zoning Code related to conducting public hearings and making decisions on applications including Conditional Use Permits, Expressive Use Permits, Hillside Development Permits, Sign Exceptions, and Variances.

Height.

See Section 17.40.060 (Height Requirements and Exceptions).

Heliports (land use).

A pad and/or other facility accommodating helicopter takeoffs and landings.

Hillside Development Project.

Any development, subdivision, construction, grading or other activity in the HD district that requires the issuance of a building, grading, development or construction-related permit or approval of a subdivision by the City.

Historic District.

A grouping of properties listed or determined eligible for listing in the National Register of Historic Places.

Historic Resource.

A district, landscape, object, sign, site, or structure significant in American archeology, architecture, culture, engineering, or history that is either designated or eligible for designation under City, State, or national significance criteria.

Hollywood Driveway.

Two paved wheel tracks each between 2.5 and 3.5 feet wide, separated by a planted strip at least three feet wide. See Figure 8-2.

==> picture [161 x 163] intentionally omitted <==

Figure 8-2 - Hollywood Driveway

Home Occupations (land use).

A business conducted in a dwelling unit or accessory structure and is accessory to a residential use.

Hospitality Homes (land use).

A facility owned or operated by a nonprofit organization intended to be used solely for the temporary occupancy of patients being treated at a local hospital or outpatient clinic or family members of patients being treated at a local hospital or outpatient clinic. This may include the provision of food service to the occupants only.

Hotels, Motels.

See "Lodging - Hotels, Motels."

Housing, Affordable. See "Affordable Housing."

I.

Definitions, "I."

Illumination, Direct.

Illumination by means of light that travels directly from its source to the viewer's eye.

Illumination, Indirect.

Illumination only by means of light cast upon an opaque surface from a concealed source.

Impound Yard.

A site used for the temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or by judicial order as prescribed by law.

Industry, Standard (land use).

The manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of the products and materials. Uses in this classification involve an incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. These uses include food processing and packaging, laundry and dry- cleaning plants greater than 5,000 square feet in size, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation.

Industry, Restricted (land use).

The manufacturing of finished parts or products primarily from previously prepared materials; and provision of industrial services within an enclosed building. These uses include processing, fabrication, assembly and treatment, but exclude basic industrial processing from raw materials, food processing, and vehicle/equipment services. Retail bakeries shall be classified as fast food restaurants.

Industry, Restricted, Small-Scale (land use).

Limited to a maximum gross floor area of 5,000 square feet.

Industrial Use.

See "Land Use Classifications."

Internet Access Studios (land use).

An establishment that provides more than six computers or other electronic devices or has 50 percent or more of the public floor area devoted to computer use whether or not the devices constitute the primary use or an accessory or incidental use. The computers provide access to the system commonly referred to as the "Internet" and may include e mail, playing video games over the Internet, or access to other computer software programs, and are available to the public for compensation.

Internet Vehicle Sales (land use).

The sale of motor vehicles over a system commonly referred to as the "Internet." The use consists of an office, but no vehicle displays, parts, or service. Vehicles may be dropped off at the site for pick up but shall not be stored longer than 24 hours.

J.

Definitions, "J." No technical terms beginning with the letter "J" are defined at this time.

K.

Definitions, "K."

Kitchen.

A room used for preparation of food. A complete kitchen contains a sink, refrigerator, stove or range top, and oven or microwave. A partial kitchen is missing one of the above components.

L.

Definitions, "L."

Land Use.

See "Use."

Laboratories (land use).

An establishment providing dental or medical laboratory services; or an establishment providing analytical, photographic, or testing services.

Landmark District.

A grouping of properties that meets the criteria of Section 17.62.040.F and is so designated by the City Council through the adoption of an LD Overlay Zoning District Ordinance or determined eligible for such designation.

Landscaping.

The planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination of design may include natural features (e.g., rock and stone) and structural features, including fountains, reflecting pools, art work, screens, walls, fences, and benches.

Land Use Classifications (land use).

1.

Commercial Use. A land use type listed in the "Allowed Uses and Permit Requirements" tables in Articles 2 and 3 under "Recreation, Education & Public Assembly Uses," "Office, Professional, and Business Support Uses," "Retail Sales," "Services," and/or "Transportation, Communication & Utility Uses" except those uses classified as Public, Semi Public Uses.

2.

Industrial Use. A land use type listed in the "Allowed Uses and Permit Requirements" table in Articles 2 and 3 under Industry, Manufacturing & Processing Uses.

3.

Public and Semi Public Use. A land use that is generally operated by public agencies or private entities, and may include city administration buildings, child day care centers, colleges, fire stations, and religious facilities. These uses include:

•

adult day care, general

•

animal shelters

•

charitable institutions

child day-care centers

•

club, lodge, private meeting hall

•

colleges non traditional campus setting

•

colleges traditional campus setting

•

cultural institutions

•

detention facilities

•

government offices

•

heliports

•

maintenance and service facilities

•

medical services - extended care

•

medical services hospitals

•

park and recreation facilities

•

public safety facilities

•

religious facilities

•

residential care, general

•

schools, public or private

•

transportation terminals

•

utilities, major and minor

4.

Residential Use. A land use type listed in the "Allowed Uses and Permit Requirements" tables in Articles 2 and 3 under "Residential Uses," except those uses classified as Public, Semi Public Uses.

5.

Temporary Uses (land use). A use of land that is designed, operated, and occupies a site for a limited period of time, typically less than 12 months. See Section 17.61.040 (Temporary Use Permits) for a list of allowed temporary uses.

License Coordinator.

The person designated by the Director of Finance to perform the duties prescribed by this Zoning Code relating to business licenses.

Life/Care Facilities (land use).

An integrated facility that provides accommodations for, and varying level of care to, residents depending on need. The use shall contain the following components: independent living units, residential care facilities, and continuing care, Alzheimer and related facilities.

Liquor Stores (land use).

A retail establishment primarily engaged in selling beer, wine, and other alcoholic beverages, which may specialize in a particular type of alcoholic beverage (e.g., wine shops).

Live Entertainment.

Music, comedy, readings, dancing, acting, or other entertainment performed on a site three or more days during a calendar year. This includes dancing by patrons to live or recorded music.

Lodging - Bed and Breakfast Inns (land use).

An establishment offering lodging on less than a weekly basis in a converted single-family or multi-family dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen on the premises.

Lodging - Hotels, Motels (land use).

A commercial establishment offering overnight visitor accommodations, but not providing room rentals on an hourly basis. These uses include facilities available to the general public, including without limitation meeting and dining facilities, provided these are an integral part of the hotel or motel operations.

Lot.

A legally established lot of land under one ownership with frontage upon a street. Types of lots include the following. See Figure 8-3.

1.

Corner Lot. A lot bounded by two or more intersecting streets that has an angle of intersection of not more than 135 degrees. The intersecting streets shall not be the same street. In determining the angle of intersection for a rounded

corner, straight lines shall be drawn as extensions of both street lot lines. The calculation of the angle of intersection shall be made from the side facing toward the lot at the point where these two extensions meet

2.

Double Frontage Lot. An interior lot with frontage on more than one street. A lot fronting on a street on one side and a private ingress egress easement on the other side shall be considered a double frontage lot even if the lot does not have ingress-egress from the private easement.

3.

Flag or Corridor Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access.

4.

Interior lot. A lot other than a corner lot.

5.

Key Lot. The first interior lot to the rear of a reversed corner lot.

6.

Reversed Corner Lot. A corner lot in which the corner lot line is substantially a continuation of the front property line of the first lot to its rear.

7.

Substandard Lot. A legally created lot that does not have the width or area required by the zoning district in which it is located.

==> picture [279 x 201] intentionally omitted <==

Figure 8-3 - Lot Types

Lot Coverage.

See "Coverage, Lot or Site."

Lot Depth.

The horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

Lot Line or Property Line.

A recorded boundary of a lot. Types of lot lines are as follows. See Figure 8-4 (Lot Features).

1.

Front Lot Line. The shortest line of a lot that is abutting a street line. The lot lines of a double-frontage lot that are abutting street lines shall be front lot lines. When the lot lines of a corner lot that is abutting street lot lines are of equal or substantially equal lengths, the front lot line shall be determined by the Zoning Administrator. In determining the front lot line, the Zoning Administrator shall take into consideration the character of the improvements in the neighborhood of the lot, the impact to abutting property owners from the establishment of either of the boundaries as a front lot line, the character of the building proposed to be constructed and the distance that the building is set back from the lines of the two streets that the lot abuts. See also "Street, or Public Right-of-Way."

2.

Interior Lot Line. A lot line not abutting a street.

3.

Rear Lot Line. A lot line that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

4.

Side Lot Line. A lot line that is not a front or rear lot line.

5.

Street Lot Line. A lot line abutting a street. See also "Street, or Public Right-of-Way."

6.

Corner Lot Line. A street lot line that is not a front lot line.

==> picture [301 x 234] intentionally omitted <==

Figure 8-4 - Lot Features

Lot or Site Area.

See "Area, Lot, or Site."

Lot Width.

The horizontal distance between the side property line of a lot, measured at right angles to the lot depth at the rear of the required front yard setback.

Low Barrier Navigation Center (land use).

A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Housing First" core components are defined in Chapter 6.5, Section 8255 of Division 8 of the Welfare and Institutions Code. "Low Barrier" means the use of best practices to reduce barriers to entry, including allowing partners, pets, storage of personal items, and privacy measures.

M.

Definitions, "M."

Maintenance and Service Facilities (land use).

A facility providing maintenance and repair services for vehicles and equipment and materials storage areas. This use includes corporation yards, equipment service centers, and similar facilities.

Maintenance or Repair Services (land use).

An establishment providing appliance repair, office machine repair, or building maintenance services. This use does not include the maintenance and repair of vehicles (see Vehicle/Equipment Repair).

Massage Establishments (land use).

Any premises, place of business or membership club where the primary us is providing or giving for a fee or other form of consideration a massage, fomentation, bath, manipulation of the body, electric or magnetic treatment, alcohol rub or other similar massage service or procedure. A use where accessory massage occurs shall not be classified as a massage establishment. The following professions and services shall not be classified as a massage establishment:

1.

Any duly licensed medical physician, doctors, surgeon, osteopath, chiropractor, acupuncturist, registered nurse, or to other persons licensed by the state while engaging in practices as part their license.

2.

Any barber, beautician, manicurist, cosmetologist, and esthetician who are licensed under the laws of the State of California while engaging in practices as part their license. This exemption shall include hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State of California or to accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment.

3.

Shall not apply to physical therapist and trainers of amateur, semiprofessional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes.

4.

Any massage technicians offering massage services to a fully clothed client in public common areas where the primary use is not a massage establishment (i.e., chair massage services in a supermarket, massage services in the courtyard of an outdoor or indoor shopping center). These massage technicians shall comply with the permit requirements of Chapter 5.48 (Massage Establishments).

Massage Technician.

Any person, who in connection with the activities of a massage establishment or accessory massage, administers to another person a massage, alcoholic rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body or other similar procedure. All massage technicians operating in the City shall be licensed by the State of California and shall practice and engage in this licensed profession. A massage technician license shall comply with the permit requirements of Chapter 5.48 (Massage Establishments).

Massage - Accessory.

A use where massages occurs either permanently or temporarily and the area where the massage occurs covers less than 20 percent of the gross floor of the principal use.

Medical Services - Extended Care (land use).

An establishment providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

Medical Services - Hospital (land use).

A facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees.

Mini Malls (land use).

A site with an area of less than 45,000 square feet, that includes surface parking, developed for multiple uses of retail, personal services, food sales, restaurants, take out restaurants, bars or taverns, or a combination of such uses. A site in which all the parking is located between the building(s) and the rear property line is not a mini-mall. For all multi frontage lots, including corner lots, the zoning administrator shall determine which is the rear property line for purposes of this subsection.

Minor Alteration.

Any physical modification to a structure that is limited in scope or has a minor visual impact in relation to the total design of the project. Minor alterations normally include awnings, landscaping, lighting, roofing, paint colors, seismic work, signs, new storefronts, and alterations to existing storefronts.

Mixed-Use Projects (land use).

The combination of commercial and residential uses in the same structure, where the residential component is located either above (vertical mixed-use) or behind (horizontal mixed-use) the nonresidential component. Nonresidential uses are typically commercial uses.

Mobile Recycling Units.

Bins, boxes, or containers used for the collection of recyclable materials (e.g., aluminum, glass, plastic and paper), which are transported by trucks, trailers, or vans licensed by the California Department of Motor Vehicles. A mobile recycling center larger than 500 square feet is a large collection facility.

Mortuaries, Funeral Homes (land use).

The provision of services including preparing human remains for burial, and arranging and managing funerals. This use does not include cemeteries, crematoriums, and columbariums.

Multi-family Residential (land use).

Two or more dwelling units on a lot. This use includes mobile homes and factory-built housing.

Municipal Code, or Code.

The City of Pasadena Municipal Code, as it may be amended from time to time.

N.

Definitions, "N."

National Register of Historic Places (Also National Register).

The official inventory of districts, sites, structures and objects significant in American history, architecture, archeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470-470t, 36 C.F.R. Sections 60, 63).

Neighborhood or Community Gardens (land use).

A site used by the community or a neighborhood for the growing of ornamental plants or vegetables that are not sold commercially but are used exclusively for personal use. The use is without permanent structures and without the on site storage of nursery equipment or materials.

Neighborhood Revitalization Manager.

The person designated to perform the duties prescribed by this Zoning Code relating to code enforcement.

Net Floor Area.

See "Floor Area, Net."

Nightclubs (land use).

A bar, tavern, or similar establishment that provides live entertainment (music, comedy, etc.) that may serve alcoholic beverage for sale, where the performance area exceeds 75 square feet, or customer dancing occurs. See Commercial Entertainment.

Nonconforming Lot.

A lot that was legally created before the adoption of this Zoning Code and which does not conform to current Code provisions/standards (e.g., access, area, or width requirements, etc.) prescribed for the zoning district in which the lot is located.

Nonconforming Structure.

A structure, or a portion of the structure, that was legally altered or constructed before the adoption of this Zoning Code and which does not conform to current Code provisions/standards (e.g., area, distance between structures, height, open space, setbacks, etc.) prescribed for the zoning district in which the structure is located.

Nonconforming Use.

A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this Zoning Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located. This includes uses that do not conform to the land use regulations for the district in which they are located and were established prior to July 1, 1985, under a use of property variance.

O.

Definitions, "O."

Occupancy.

Each separate use of property conducted on a lot or within a building or any portion thereof.

Occupancy of Record.

Recorded in the office of the Los Angeles County Recorder.

Offices (land use).

1.

Accessory. An office facility that is incidental and accessory to another business or sales activity that is the primary use of the structure or site.

2.

Administrative Business Professional. An establishment providing direct, "over-the-counter" services to consumers (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. This use includes:

accounting, auditing and bookkeeping services

advertising agencies airline, lodging chain, and rental car company reservation centers architectural, engineering, planning and surveying services attorneys, legal services commercial art and design services computer software and hardware design counseling services court reporting services data processing services detective agencies and similar services educational, scientific and research organizations employment, stenographic, secretarial and word processing services insurance claim processing literary and talent agencies mail order and e commerce transaction processing management and public relations services media postproduction services photography and commercial art studios police facility used as an office where there are no jail detention facilities or storage of vehicles except the parking of police cars psychologist telecommunications facility design and management telemarketing writers and artists offices

mail order and e commerce transaction processing management and public relations services media postproduction services photography and commercial art studios police facility used as an office where there are no jail detention facilities or storage of vehicles except the parking of police cars psychologist telecommunications facility design and management telemarketing writers and artists offices

This use does not include "Banks and Financial Services," which are separately defined.

3.

Government. An administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.

4.

Medical. An office or health facility providing health services including, without limitation, preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatral, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation.

Off-Site.

An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

Off-Street Loading Facility.

A site or portion of a site reserved for the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-Street Parking Facility.

A site or portion of a site outside of a public right-of-way reserved for the parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

On-Site.

An activity or accessory use that is related to a specific primary use, and is located on the same site as the primary use.

Open Space, Common.

A usable open space shared with all residents of a residential or mixed-use complex or tenants of a building.

Open Space, Private.

A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Open Space, Usable.

Outdoor space that serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be six feet excluding required front yards not used for balconies or patios.

Opposite.

A wall, window, sign, zoning district, or property line that has a line perpendicular to a vertical plane through one element which would intersect a similar vertical plane through a like element.

P.

Definitions, "P."

Park and Recreation Facilities (land use).

A noncommercial park, playground, or other recreation facility, and/or open space officially designated as a public park or recreation facility. This use includes community centers.

Parking Facility.

A parking lot and/or structure. Types of parking facilities include the following.

1.

Fully Subterranean Parking. A mechanically ventilated subterranean parking structure the top of which is at existing grade. For projects subject to the City of Gardens provisions (Section 17.22.070) or Urban Housing multi-family standards (Section 17.50.350), fully subterranean parking is a parking structure the top of which is at least two feet below existing grade.

2.

Hybrid Parking. Parking that employs more than one parking type and each portion conforms to the requirements for its particular type.

Parking at Grade. At grade, (carport, partially closed or enclosed) parking with or without a dwelling above.

4.

Partially Subterranean Parking. A mechanically ventilated parking structure, the top of which does not exceed two feet above existing grade measured at the center of the site along the street frontage. For projects subject to the City of Gardens provisions (Section 17.22.070) or Urban Housing multi-family standards (Section 17.50.350), where the existing grade at the required front setback line is more than one foot above the grade at the centerline of the site on the sidewalk side of the property line, the top of the partially subterranean parking garage structure may be two feet above the existing grade measured at the required front setback line.

5.

Podium Parking. At grade parking that is fully enclosed with a common entrance that has dwellings over. Podium parking can be at grade or partially depressed by no more than two feet below existing grade. See Figure 8-5.

==> picture [183 x 229] intentionally omitted <==

Figure 8-5 - Podium Parking

6.

Surface Parking. Parking at grade in a carport or garage with no dwelling above.

7.

Tuck-under Parking. Tuck-under parking is unenclosed parking located below the unit where parking is accessed from an unenclosed driveway that may be at existing grade or below. See Figure 8-6.

==> picture [204 x 265] intentionally omitted <==

Figure 8-6 - Tuck-under Parking

Parking Space.

A readily accessible area, within a structure or surface parking area, exclusive of aisles, driveways, ramps and columns, maintained exclusively for the parking of one vehicle.

Pawnshops (land use).

An establishment engaged in the retail sale of new or secondhand merchandise and offering loans secured by personal property.

Pedestrian Orientation.

Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including:

1.

Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2.

Design amenities related to the street level (e.g., awnings, paseos, arcades);

3.

Visibility into buildings at the street level;

4.

A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

5.

Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

Signs oriented and scaled to the pedestrian rather than the motorist;

7.

Landscaping (including pocket parks or outdoor patios); and

8.

Street furniture.

Pedestrian-Oriented Uses (land use).

A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from the sidewalk and street due to visual interest, high customer turnover, and social interaction. Examples of these uses include:

bars and taverns bars and taverns with live entertainment cultural institutions commercial entertainment commercial recreation - indoor mixed use projects with ground-floor commercial uses restaurants restaurants — fast food restaurants and fast food restaurants with outdoor dining restaurants and fast food restaurants with live entertainment retail sales personal services printing services, limited

Permitted.

Permitted by right, without the approval of a Conditional Use Permit, Expressive Use Permit, Minor Use Permit or Temporary Conditional Use Permit.

Person.

Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Improvement Services (land use).

The provision of instructional services or facilities, including health or physical fitness clubs, modeling agencies, rehearsal halls, and weight control clinics.

Personal Property Sales (land use).

The sale of personal property, as regulated by Section 17.50.190.

Personal Services (land use).

An establishment providing nonmedical services to individuals as a primary use. Examples of these uses include:

These uses may also include the accessory retail sales of products related to the services provided.

Personal Services, Restricted (land use).

A personal service establishment that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize its adverse impacts, including:

check-cashing services

tattooing, piercing, and similar services

Planning Commission.

See "Commission."

Porte cochère.

An open covered area attached to a dwelling that motor vehicles drive through.

Preexisting.

In existence before the effective date of the ordinance enacting this Zoning Code.

Primary Residence.

See "Structure, Main, Primary, or Principal."

Primary Structure.

See "Structure, Main, Primary, or Principal."

Primary Use.

See "Use, Primary."

Primary Zoning District.

See "Zoning District, Primary."

Printing and Publishing (land use).

An establishment providing printing, blueprinting, photocopying, engraving, binding, or related services.

Printing and Publishing, Limited (land use).

A printing establishment providing convenience photocopying and accessory retail-oriented services, not exceeding 5,000 square feet of floor area.

Project.

Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Zoning Code.

Property Line.

See "Lot Line, or Property Line."

Public Project.

Public Projects shall include development projects initiated by the City, including Rose Bowl Operating Company and the Pasadena Center Operating Company. Public project may also include, at the sole discretion of the Planning Director, substantial alterations to significant interiors of the Central Library, City Hall, and the Civic Auditorium.

Public Safety Facility (land use).

A facility for public safety and emergency services, including police and fire protection. This use includes facilities used by the National Guard or the Military Reserve.

Public, Semi-Public Use.

See "Land Use Classifications."

Q.

Definitions, "Q." No technical terms beginning with the letter "Q" are defined at this time.

R.

Definitions, "R."

Recycling Facilities (land use).

A collection facility for recycling materials including glass, metal, paper products and other materials as may be determined by the Zoning Administrator. This use includes mobile recycling units, reverse vending machines and small and large collection facilities.

1.

Recycling, Large Collection Facilities. A recycling facility over 700 square feet for the drop-off or deposit of recyclable materials. These uses include mobile recycling units, storage bins, required enclosures and reverse vending machines collectively over 700 square feet.

2.

Recycling, Small Collection Facilities. A recycling facility of 700 square feet or less for the deposit or drop-off of CRV recyclable materials. These uses include mobile recycling units, storage bins, required enclosures and reverse vending machines.

Religious Facilities (land use).

A facility in which the primary use is religious worship. A religious facility may include related accessory activities including religious education, ministry, clothing and food distribution, counseling, employment assistance, referral services, and support groups. Other uses (e.g., private schools and child day-care centers) that are located on the site of a religious assembly use shall not be accessory uses.

1.

Temporary. Religious services conducted on a site that is not permanently occupied by a religious assembly use.

2.

With Columbarium. A religious assembly use that has a structure with niches either located within a building or outdoors designed to accommodate cremated human remains contained in urns.

With Temporary Homeless Shelter. A religious assembly use with temporary facilities for the homeless.

Research and Development (land use).

Facilities that are used for research and development. This use can include the design, development, assembling, prototyping and testing of, but not limited to, biological, chemical, electrical, magnetic, mechanical, and/or optical components or processes in advance of product manufacturing. This use may include fabrication and manufacturing for research and development purposes. This use does not involve the fabrication, manufacturing, or processing of products for mass distribution.

Residential Care Facilities.

1.

Residential Care, General (land use). State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.

2.

Residential Care, Limited (land use). State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24-hour nonmedical residential care for six or fewer adults, children, or adults and children as-in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by state law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance.

Residential Use.

See "Land Use Classifications."

Restaurants (land use).

An establishment that sells prepared food or beverages either indoors or outdoors in nondisposable containers. A restaurant may provide for the accessory sale of food and nonalcoholic beverages for off-site consumption provided that all food and beverages sold for on-site consumption are served in nondisposable containers. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining area shall be classified as a bar.

Restaurants, Fast Food (land use).

A restaurant that sells prepared food either indoors or outdoors in disposable containers (e.g., paper or plastic). These uses include retail bakeries. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining area shall be classified as a bar.

Restaurants, Formula Fast Food (land use).

A fast-food restaurant which is required by contractual or other arrangements to offer standardized employee uniforms, exterior design, food preparation, ingredients, interior decor, menus, or signs; or adopts an appearance, food presentation format, or name which causes it to be substantially identical to another restaurant regardless of ownership or location.

Restaurants with Alcohol Sales - Beer and Wine (land use).

A restaurant, including a fast food or formula restaurant that provides accessory sales of beer and wine for on-site consumption.

Restaurants with Alcohol Sales - Full Alcohol Sales (land use).

A restaurant, including a fast food or formula restaurant that provides accessory sales of alcoholic beverages including beer, wine, and distilled spirits for on-site consumption.

Restaurants with Limited Live Entertainment (land use).

A restaurant, including a fast food or formula restaurant that provides accessory live entertainment, where the performance area does not exceed 75 square feet, and customer dancing does not occur. The use shall be classified as a nightclub (commercial entertainment) if the performance area exceeds 75 square feet or customer dancing is provided. Live entertainment does not include a sexually oriented business.

Restaurants with Walk-up Window (land use).

A restaurant, including a fast food or formula fast food restaurant that provides an exterior walk-window in which orders for food and beverages are taken and/or customers are served food.

Retail Sales (land use).

The retail sales of merchandise not specifically listed under another use. These uses include:

art galleries (for profit)

artists' supplies

bicycle shops

bookstores

cameras and photographic supply stores

clothing and accessory stores

collectibles stores (cards, coins, comics, stamps, etc.)

department stores

drug and discount stores

dry goods

fabrics and sewing supplies

florists and houseplant stores (indoor sales only—outdoor sales are "Plant Nurseries")

furniture, home furnishings and equipment

gift and souvenir shops

hardware

hobby materials

Jewelry

luggage and leather goods

musical instruments, parts and accessories

orthopedic supplies

paint sales

pet supplies sales, with no animals but fish

religious goods

secondhand clothing and appliances and furniture

small wares

specialty shops

sporting goods and equipment

Stationery

toys and games

variety stores

video rental and sales

Reverse Vending Machine.

A mechanical device that accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value. One or more reverse vending machines occupying an area larger than 500 square feet are considered a large collection facility.

Review Authority.

The individual or official City body (the Director, Commission, or Council) identified by this Zoning Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 7 (Land Use and Development Permit Procedures).

Room, Habitable.

A room meeting the requirements of Municipal Code Chapter 14.12 for sleeping, living, cooking or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces).

S.

Definitions, "S."

Safe Parking (land use).

A parking program, operated on property located outside of the public right-of-way and managed by a social service provider, that provides individuals and families with vehicles, including recreational vehicles, a safe place to park overnight and services to facilitate a transition to permanent housing. Recreational vehicles are defined in Section 14.50.020.J.

Schools (land use).

1.

Schools - Public and private. Includes elementary, middle, junior high, and high schools serving kindergarten through 12th-grade students, including denominational and sectarian, boarding schools, and military academies. Preschools and child day-care are included under the definitions of "Child Day-Care Facilities."

2.

Schools Specialized education and training. Includes business, secretarial schools, and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree-granting schools offering subjects including: art, ballet and other dance, computers, cooking, drama, driver education, language, and music. Also includes seminaries and other facilities exclusively engaged in training for religious ministries, and establishments furnishing educational

courses by mail. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (e.g., arts, communications, environmental awareness, and management).

Seasonal Merchandise Sales (land use).

The retail sale of holiday seasonal products including pumpkins, Christmas trees and crafts.

Seating Area.

See "Area, Seating."

Secretary of the Interior's Standards for Rehabilitation (Also Secretary's Standards).

The Secretary of the Interior's Standards for Rehabilitating Historic Buildings, issued by the U.S. Department of the Interior, National Park Service (36 CFR Part 67) and the publications of the National Park Service, Preservation Assistance Division, Guidelines for Rehabilitating Historic Buildings (1992, N.P.S.) and The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995, N.P.S.), and any subsequent publication on the Secretary's Standards by the N.P.S.

Self-Storage (land use).

A structure containing separate storage space that is designed to be leased or rented individually in an enclosed building. This use does not include outdoor storage or recreational vehicles, boats, personal watercraft, motorcycles, or trailers.

Senior Affordable Housing (land use).

Facilities providing dwelling units in which all units are for senior citizens of low and moderate income as that term is defined in Government Code Section 65915 and by Health and Safety Code Section 33334.2. This use does not include residential care facilities, transition housing, medical services - extended care, and life/care facilities.

Service Station.

See "Vehicle Services - Service Stations."

Setback.

The distance by which a structure, parking area or other development feature must be separated from a lot line, easement, other structure or development features. If a street dedication is required, then the setback requirement shall be measured from the revised property line after the dedication. For purposes of this Zoning Code, the term "yard" may be used interchangeably with the term "setback." See Section 17.40.160 (Setback and Encroachment Plane Requirements and Exceptions). See also "Yard."

Sexually Oriented Business (land use).

The term "sexually oriented business" shall have the same meaning, including any related terms and phrases, as set forth in Chapter 5.45 of the Pasadena Municipal Code, as may be amended from time to time.

Single Decision.

Applications for permits given a single permit number.

Single Housekeeping Unit.

The functional equivalent of a traditional family; whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities (e.g., meals, chores, and expenses). This does not include a boarding house.

Significant Tobacco Retailers (land use).

Establishments that devote 20 percent or more of the display area to the sale or exchange of tobacco products and/or tobacco paraphernalia.

Single-Family Residential (land use).

A building containing one dwelling unit located on a single lot. These include mobile homes and factory-built housing.

Single Ownership.

Holding record title, possession under a contract to purchase or possession under a lease, by a person, firm, corporation or partnership, individually, jointly, in common or in any other manner where the property is or will be under unitary or unified control.

Single-Room Occupancy (land use).

A facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 375 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

Site.

A lot or group of contiguous lots not divided by any alley, street, other right-of-way or city limit that is proposed for development in accord with the provisions of this Zoning Code, and is in a single ownership or has multiple owners, all of whom join in an application for development.

Site Coverage.

See "Coverage, Lot or Site."

Slope.

The inclined ground surface of fill, excavation, or natural terrain, the inclination of which is expressed as a percentage. Slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by one hundred. See Figure 8-7 - Slope Calculation. See also "Grade, Existing" or "Grade, Finished."

==> picture [236 x 117] intentionally omitted <==

Figure 8-7 - Slope Calculation

Specific Plan.

A plan as defined in Government Code Section 65450.

Stadiums and Arenas (land use).

A structure that is open or enclosed and used for games, concerts, and major events and is partly or completely surrounded by tiers of seats for spectators.

State Historical Building Code.

Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations.

Story.

The portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. (Also, see the definition of Basement.)

Street Fairs (land use).

The provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures and occurring on a public street.

Street or Highway Frontage.

See "Frontage, Street or Highway."

Street, or Public Right-of-Way.

A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, not including freeways, providing any access to and egress from any property abutting thereon.

Structure.

Anything constructed or erected that requires a location on the ground, including a building or a swimming pool, or a fence or wall, but not including driveways or walkways located outside the front yard setback.

Structure, Accessory.

A structure that is subordinate to, and detached from the main structure, the use of which is incidental and subordinate to that of the main structure.

Structure, Main, Primary, or Principal.

A structure that houses the primary use on a property or lot. It shall not include accessory structures (e.g., garages, pool houses, or sheds).

Subdivision.

The division, by any subdivider, of any unit or portion of land shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

Subdivision Map Act, or Map Act.

Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

Substantial (Major) Alteration.

Any physical modification to a structure that involves a major portion of the structure or has a substantial visual impact on the structure or its surroundings. Substantial alterations normally include changes to building massing, cladding the exterior walls in a new material, and extensive replacement of windows and doors with a new or unoriginal design in a structure.

Sufficient for Separate Conveyance.

Means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold separately.

Supportive Housing (land use).

Housing with no limit on length of stay, that is occupied by the target population as defined by the state Government Code Section 65582, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Swap Meets (land use).

Collective retail sales or exchange of merchandise by individual vendors occupying separate sales spaces that are not

divided by permanent walls. These uses include both indoor and outdoor swap meets, conducted on either a permanent or recurring basis.

Swimming Pool, Hot Tub.

A water-filled enclosure with a depth of 18 inches or more, used for swimming or recreation.

T.

Definitions, "T."

Tandem Parking.

A parking space configuration where two or more parking spaces are lined up behind each other.

Telecommunications Facilities (land use).

The following technical terms and phrases are defined for the purposes of Section 17.50.310 (Telecommunications Facilities).

1.

Accessory Antenna Array. An accessory antenna array means an antennal array that is mounted on an existing building and is intended to provide wireless telecommunications services solely for the occupants of that building.

2.

Antenna Array, or Wireless Telecommunications Antenna Array. One or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (dish), but excluding any support structure.

3.

Co-Location. The use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.

4.

Satellite Earth Station Antenna. Satellite earth station antennas include any antenna in any zoning district:

a.

That is designed to receive direct broadcast satellite service, including direct-to-home satellite services, and that is one meter or less in diameter;

b.

Where commercial or industrial uses are generally permitted, that is two meters or less in diameter;

c.

That is designed to receive programming services by means of multi-point distribution services, instructional television fixed services, and local multi-point distribution services, that is one meter or less in diameter or diagonal measurement; and

d.

That is designed to receive television broadcast signals.

5.

Support Structures. A freestanding structure designed and constructed to support an antenna array and that may consist of a monopole, a self-supporting lattice tower, a guy-wire support tower, or other similar structure.

6.

Wireless Telecommunications Antenna Facilities. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

7.

Wireless Telecommunications Antenna Facilities, Minor. A wireless telecommunications antenna facility that is designed to be building-mounted, or co-located on an existing structure with the facilities or other wireless communications service providers.

8.

Wireless Telecommunications Antenna Facilities, Major. A wireless telecommunications antenna facility that is designed as a freestanding structure.

9.

Wireless Telecommunications Antenna Facilities, Co-Located (SCL). A wireless telecommunications antenna facility that is placed on, or immediately adjacent to, an existing wireless telecommunications antenna facility that satisfies the requirements of California Government Code Section 65850.6(a), as amended.

10.

Wireless Telecommunications or Communications Services. Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

Temporary Use.

See "Land Use Classifications."

Tents (land use).

A temporary or permanent structure having a roof and/or walls of fabric.

Top Plate.

The horizontal framing member that caps an exterior wall and supports rafters or roof framing.

Transmission Line.

A power line bringing electricity to a receiving or distribution substation.

Transit-Oriented Development (TOD) (land use).

A development, located within walking distance of a major transit stop designed for pedestrians without excluding motor vehicles. Transit-oriented development can be new construction or redevelopment of one or more structures whose design and orientation facilitate transit use.

Transit Stations or Terminals (land use).

Facilities for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of

transportation. These uses include bus terminals, railroad stations, and public transit stations.

Transitional Housing (land use).

Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Transportation Dispatch Facilities (land use).

A base facility where ambulances, taxis, limousines, armored cars, tow trucks, and similar vehicles for specialized transportation are stored, and from which they are dispatched, and/or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include storage facilities for towed vehicles, which is classified under "Vehicle Services - Vehicle Storage."

Truck and Freight Terminals (land use).

Storage and distribution facilities having more than six heavy trucks on the premises at one time, but excluding trucking accessory to another business; includes transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

freight forwarding services

freight terminal facilities

joint terminal and service facilities

packing, crating, inspection and weighing services

postal service bulk mailing distribution centers

transportation arrangement services

trucking facilities, including transfer and storage

Truck, Large.

A truck with an unladen weight of 10,000 pounds or more.

U.

Definitions, "U."

Unenclosed.

A covered area with one or more sides open.

Urban Housing (land use).

A high-density multi-family project that is the primary use of a site in a commercial zoning district or as part of a transitoriented development around a light rail station.

Use.

The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.

Use, Primary.

The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

Used.

Arranged, designed, constructed, altered, rented, leased, sold, occupied or intended to be occupied.

Utility, Major (land use).

Generating plants, electrical substations, aboveground electrical transmission lines, refuse collection or disposal facilities, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Utility, Minor (land use).

A utility facility that is necessary to support a legally established use and involves only minor structures (e.g., electrical distribution lines).

V.

Definitions, "V."

Vanpool.

A vehicle carrying two or more persons commuting together to and from work on a regular basis, under a prepaid subscription arrangement, which vehicle is designed for seven or more passengers.

Vehicle Services (land use).

1.

Automobile Rental. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2.

Service Stations. An establishment engaged in the retail sale of vehicle fuel, lubricants, parts and accessories. These uses include service stations with convenience stores, self-service auto washes and facilities having service bays for vehicle service and repair. The service and repair may include incidental maintenance and repair of automobiles and light trucks, but shall not include maintenance and repair of large trucks, or body and fender work or automobile painting on any vehicles.

a.

Full Service. A service station that has one or more service bays.

b.

Minimum Service. A service station that has no service bays.

3.

Vehicle/Equipment Repair. The repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping.

4.

Sales and Leasing. The sale, or leasing of automobiles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance and repair. This use does not include uses that exclusively rent vehicles (see Vehicle Services — Automobile Rental).

Sales and Leasing - Limited. The sales and leasing of automobiles, motorcycles, or trucks within an enclosed structure without any incidental maintenance or repair work allowed. Vehicles shall not be displayed or stored outdoors. Accessory part installation as part of the vehicle sale is permitted. This excludes uses that exclusively rent vehicles.

6.

Vehicle Storage. The storage of operative or inoperative vehicles. These uses include storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

7.

Vehicle Washing/Detailing. Washing, detailing, waxing or cleaning of automobiles or similar light duty motor vehicles.

8.

Vehicle Washing/Detailing, Small Scale. Automobile or similar light duty motor vehicle washing and detailing businesses that do not occupy more than 1,000 square feet and are located within a parking structure.

Visible.

Likely to be noticed by a person of average height walking on a street or sidewalk two years after installation of any planting screening material intended to screen a view.

W.

Definitions, "W."

Wholesaling, Commercial (land use).

Wholesaling and storage of commercial goods and supplies within an enclosed building.

Wholesaling, Distribution, and Storage (land use).

Storage and distribution facilities not including retail sales having five or fewer trucks at any one time.

Wholesaling, Distribution, and Storage, Small-Scale (land use).

Wholesaling, distribution, and storage having a maximum gross floor area of 5,000 square feet and using a maximum of two commercial vehicles.

Window, Bay.

An extension of a building wall which is habitable space that encroaches into a required yard and is a minimum of three feet above finished grade. A bay window shall have a minimum of 50 percent fenestration.

Window, Major.

A window or aggregate of windows 16 square feet in size or more.

Window, Minor.

A window or aggregate of windows less than 16 square feet in size.

Window, Required.

An exterior opening in a habitable room meeting the area requirements of Municipal Code Section 14.12.390.

Wireless Telecommunications.

See "Telecommunications Facility."

Workforce/Affordable Housing Definitions.

The following terms and phrases are defined for workforce/affordable housing. Reference should also be made to the City's Workforce Housing Guidelines for additional definitions.

1.

Workforce/Affordable Housing Development. A development in which all the units exceeding the underlying base district density are Workforce/Affordable Units. A project receiving a density bonus, concession or incentive, or waiver or modification, as a result of Density Bonus provisions of State law, and pursuant to Chapter 17.43, shall be excluded from the definition a Workforce/Affordable Housing Development. Workforce/Affordable Housing Development are also not eligible for any concessions, incentives, waivers or modifications of development standards pursuant to the Density Bonus provisions of State law or Chapter 17.43 of the Zoning Code.

2.

Workforce Level Income. A gross household income from 121 percent to 180 percent of the Average Median Income for Los Angeles County as determined annually by the U. S. Department of Housing and Urban Development.

3.

Workforce/Affordable Units. Dwelling units that are sold or rented at Workforce Housing Costs to households earning a Workforce Level Income, or to Very, Low, Low, or Moderate Income Households, at an Affordable Housing Cost (as defined in the City's Workforce Housing Guidelines and at Article 8 of the Zoning Code). Units provided to meet the Affordable Housing and Incentives requirements of Chapter 17.42 and the Density Bonus, Waivers, and Incentives Requirements of Chapter 17.43, are not Workforce/Affordable Units.

Work/Live Units (land use).

Work/Live means an integrated dwelling unit and working space, in which the work component is the primary use and the residential component is secondary, occupied by a single housekeeping unit in a structure, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1.

Complete kitchen space and sanitary facilities in compliance with the Building Code; and

2.

Working space reserved for and regularly used by one or more occupants of the unit.

X.

Definitions, "X." No technical terms beginning with the letter "X" are defined at this time.

Y.

Definitions, "Y."

Yard or Court.

An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this Zoning Code, including a front yard, side yard, corner yard, rear yard or court between structures. For purposes of this Zoning Code, the term "setback" may be used interchangeably with the term "yard." The following types of yards are defined and required by this Zoning Code. See Figure 8-8.

1.

Corner Side Yard. A yard extending from the rear line of the required front yard, or the front property line of a site where no front yard is required, to the rear property line, the width of which is the horizontal distance between a street property line or street not considered a front property line and a line parallel there on the site. On a lot in which the corner yard

adjoins (or is part of) an easement that serves as a street, the corner yard shall be the minimum horizontal distance from the edge of the easement and a line parallel there on the site. See "Lot Line or Property Line," "Front Property Line," "Street, or Public Right-of-Way," and "Setback"."

2.

Front Yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site. On a lot in which the front yard adjoins (or is part of) an easement that serves as the primary street to the lot, the front yard shall be the minimum horizontal distance between the edge of the easement and a line parallel thereto on the site. See also "Lot Line or Property Line," "Front Property Line," "Street, or Public Right-of-Way," and "Setback".

3.

Rear Yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line thereto on the site, except that on a corner lot, the rear yard shall extend only to the corner yard.

4.

Side Yard. A yard extending from the rear line of a required front yard, or the front property line of a site where no front yard is required, to the front line of the required rear yard, or the rear property line of the lot where no rear yard is required, the width of which is the horizontal distance between the side property line and a parallel line on the site.

==> picture [343 x 249] intentionally omitted <==

Figure 8-8 - Yard Types

Z.

Definitions, "Z."

Zoning Administrator.

The person designated to perform the duties prescribed by this Zoning Code relating to zoning functions.

Zoning Code.

The Pasadena Zoning Code, Title 17 of the City of Pasadena Municipal Code, referred to herein as this "Zoning Code."

Zoning Credit Parking Space.

A zoning credit parking space is an entitlement to apply a publicly available parking space toward meeting the parking requirements of the Zoning Code. Those who are entitled to such a space would have no special priority to use the space and would pay the same fees as the general public if they or their customers or employees wished to use the space. Possession of a zoning credit parking space does not give the owner of the space any rights to a share of the costs or revenues from the development or operation of the parking facility.

Zoning District.

Any of the residential, commercial, public, or overlay districts established by Article 2 of this Zoning Ordinance (Zoning Districts, Allowable Land Uses and Permit Requirements), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

Zoning District, Primary.

The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

(Ord. No. 7443, § 6, 3-3-2025; Ord. No. 7435, § 22, 10-28-2024; Ord. No. 7420, § 4, 4-15-2024; Ord. No. 7418, § 8, 2- 26-2024; Ord. No. 7414, § 14, 9-11-2023; Ord. No. 7391, § 2(Exh. 1), 5-16-2022; Ord. No. 7388, § 2(Exh. 1), 3-21-2022; Ord. No. 7385, § 2(Exh. 1), 1-24-2022; Ord. No. 7384, § 2(Exh. 1), 12-13-2021; Ord. 7372 § 3, 2021; Ord. 7360 § 4, 2020; Ord. 7343 § 4, 2019; Ord. 7326, § 6, 2018; Ord. 7321, § 5, 2018; Ord. 7313, § 13, 2017; Ord. 7300 § 14, 2017; Ord. 7295 § 5, 2017; Ord. 7255 § 13, 2015; Ord. 7235 § 7, 2013; Ord. 7225, § 3, 2012; Ord. 7179 § 7, 2009; Ord. 7169 § 27, 2009; Ord. 7164 § 12, 2009; Ord. 7163 § 15, 2009; Ord. 7160 § 71, 2009; Ord. 7159 § 2, 2009; Ord. 7142 § 4, 2008; Ord. 7139 § 10, 2008; Ord. 7135 § 10 (A, B), 2008; Ord. 7123 § 4, 2007; Ord. 7111 § 2, 2007; Ord. 7099 § 54 (Exh. 28), 2007; Ord. 7080 § 6, 2006; Ord. 7078 §§ 2—4, 2006; Ord. 7071 § 3, 2006; Ord. 7064 § 6, 2006; Ord. 7057 § 30, 2006; Ord. 7038 § 19 (a—d), 2006; Ord. 7028 § 5, 2006; Ord. 7020 §§ 7, 8, 2005; Ord. 7018 § 1, 2005; Ord. 7009 § 31, 2005)

Appendix A - Planned Developments

PD — 1 - Eaton Canyon Industrial Park

A.

Permitted Uses. The following are permitted uses in PD-1: offices: business and professional; laboratories; industry, standard; and industry, restricted.

B.

Conditional Use Permit Requirement. A Conditional Use Permit shall be required for the construction of a new building or construction of an addition to an existing building.

C.

Development Standards.

1.

Projects should be in accordance with the plan entitled, "Specific Plan 26.46 Acres of Land, 3100 New York Drive, Pasadena, California," dated November 1977 on file in the office of the city clerk.

2.

The minimum parcel size on the site shall not be less than 2.5 acres.

3.

Vehicle access shall be provided only from Bradley Street or from such access points as existed prior to the adoption of the aforementioned specific plan.

4.

Building coverage on each parcel shall not exceed 35 percent of the total area of each parcel.

5.

Buildings shall be set back a minimum of 40 feet from all street frontages and shall be compatible in appearance with setbacks of adjacent buildings.

6.

No off-site parking shall be permitted.

7.

Signing shall be compatible on all parcels and shall be of high quality. Wall signs and monument ground signs will be permitted.

8.

All parcels will be landscaped a minimum of 20 percent of the total area of each parcel.

9.

The following shall be visually screened from public view:

a.

Shipping and receiving doors;

b.

Roof mounted equipment, with the exception of noise suppression equipment for 2900 Bradley Street;

c.

Storage and trash areas.

10.

No use shall be permitted which will involve odors or other emissions incompatible with the character of the area and which may be detrimental to surrounding properties.

11.

No building shall exceed two stories or 36 feet in height, with the exception of unscreened noise suppression equipment for 2900 Bradley Street.

12.

All structures on the site shall be designed to be architecturally compatible in terms of materials and expense.

PD — 3 - Kinneloa Annexation

A.

Conditionally Permitted Uses.

1.

All uses permitted in the CG District shall be conditionally permitted except that no commercial development shall be allowed where it would cause an adjacent residential use to have commercial uses on 2 side lines. Hours of operation of commercial uses shall be limited to between 7:00 a.m. and 9:00 p.m. All developments shall abide by residential noise standards as established in Section 9.36 of the Pasadena Municipal Code.

2.

Street Access. Except for developments which conform with the requirements of the RS District (Chapter 17.20), there shall be no vehicular access to Green Street.

3.

Parking Requirements. All uncovered parking areas shall be screened according to the provisions of Section 17.68.150. No parking shall be allowed in any required yard.

4.

Building Height Limit. No building in the PD-3 District shall exceed 1½ stories or 22 feet in height.

5.

Stepbacks. For every building in the PD-3 District over 20 feet in height above the adjacent finished grade of a contiguous property in an R District, 3 feet of stepback shall be required for each additional 10 feet of vertical height or fraction thereof. No stepback shall be required adjacent to an alley.

6.

Side and Rear Yards. There shall be no side or rear yard required in the PD-3 District, unless the side or rear line is adjacent to a property with a residential use, in which case a yard of not less than 5 feet shall be provided.

7.

Yards Adjacent to Street. There shall be a front or side yard abutting every lot line adjacent to a street. Such yards shall be governed by the requirements of Chapter 17.20 (RS District). Every yard in the PD-3 District abutting a street shall include a landscaped area not less than 5 feet wide along the length of the yard. There shall be no yard required along an alley.

8.

Landscaping. A landscape plan shall be submitted to and approved by the Zoning Administrator prior to issuance of any Conditional Use Permit. All landscaped areas shall be provided with a permanent underground irrigation system. One hundred percent of all landscaped areas shall be planting areas. The landscape plan shall include plant materials placed so as to grow to screen walls, fences and interior uses.

B.

Findings Required. In addition to the findings required by Chapter 17.88 of this title, the following findings shall be made in the affirmative in the action of the hearing officer in granting a Conditional Use Permit in the PD-3 District.

1.

That the development will not be detrimental to the residential character of the area.

2.

That the development will not "landlock" any residential parcel, as specified in Section A1 of the PD-3 District development standards.

PD — 4 - Mountain Street Classics Townhomes

A.

Land Use. The following land uses shall be permitted:

1.

Residential: Single-Family; Multifamily; Adult Day Care, Limited; Small Family Day Care Home; and Residential Care, Limited;

2.

Commercial: Commercial Filming with a filming Conditional Use Permit;

3.

Accessory: Home Occupation; and other accessory uses reasonably related to the permitted uses as determined by the Zoning Administrator;

4.

Temporary: Commercial Filming, Limited; Personal Property Sales; Street Fairs; and Tents, except that a temporary Conditional Use Permit shall be required if any of the following conditions occur:

a.

The area covered by tents exceeds 800 square feet;

b.

Tents are located on the site more than 36 hours;

c.

Tents are on the site more than twice in a calendar year.

B.

Density. The maximum number of units shall be 46 residential units.

C.

Development Standards. New construction shall substantially conform to Exhibit C, entitled "Illustrative Site Plan: Mountain Street Classics," dated May 22, 1996 (hereinafter, Exhibit C), and herein incorporated by reference. In addition, the following development standards shall apply:

1.

Maximum Lot Coverage. The maximum lot coverage shall be 35 percent for the site classified as PD-4, to include the portion of the site covered by roofs, soffits, or overhangs extending more than 3 feet from a wall and by decks more than 4 feet in height measured from finish grade. Roofs with openings or perforations 50 percent or greater of the surface area

of the roof shall not be included in the lot coverage calculations. For the purposes of calculating lot coverage, the lot area includes the area of private streets and driveways.

2.

Minimum Yards. The minimum yards shall be as follows:

a.

A yard with a minimum of 20 feet in depth shall be provided along the Mountain Street and Lincoln Avenue property lines and shall be planted in its entirety between the property line and the occupancy frontage, except for walkways, driveways, and private patios;

b.

A yard with a minimum of 5 feet in depth shall be provided along all other property lines;

c.

A yard with a minimum of 5 feet in depth shall be provided along private streets.

3.

Yard Encroachments. The permitted encroachments into minimum yards shall be as follows:

a.

A maximum projection of up to 5 feet into the yards along the Mountain Street and Lincoln Avenue property lines may be permitted for the following encroachments:

(1)

Balconies;

(2)

Open porches no higher than one story;

(3)

Bays no greater than 10 feet long and no higher than two stories (with a frequency no greater than one bay per 15 feet of building wall);

(4)

Uncovered steps, landings, or patios not more than 3 feet in height measured from finish grade;

(5)

Uninhabitable encroachments such as chimneys and projecting eaves.

b.

A maximum projection of up to 3 feet into all other yards may be permitted for the following encroachments:

(1)

Uncovered steps, landings, or patios not more than 1 foot in height measured from finish grade and no more than 10 feet in length measured parallel to the building;

(2)

Uninhabitable encroachments such as chimneys and projecting eaves.

4.

Building Separation. The minimum separation between buildings shall be as follows:

a.

Separation Between Buildings on Adjacent Lots. A yard of 8 feet between any property line and any portion of building wall which contains doors or windows shall be provided as follows:

(1)

When any portion of new building wall is within 15 feet or less of a facing wall of any existing (principal or accessory) structure on an adjacent site where either wall contains a window or aggregate of windows 16 square feet in size or more, or a door;

(2)

When any portion of new building wall is within 10 feet or less of a facing wall of any existing (principal or accessory) structure on an adjacent site where either wall contains a window or aggregate of windows less than 16 square feet in size;

(3)

In cases where the requirements for separation between buildings on adjacent lots and the minimum yard requirements of paragraph 2 herein conflict, the more stringent requirements govern.

b.

Separation between Buildings on the Same Lot. A minimum separation between buildings shall be provided as follows:

(1)

A minimum separation of 15 feet between buildings on the same lot shall be provided for any portion of new building wall facing another building wall where either wall contains a window or aggregate of windows 16 square feet in size or more, or a door;

(2)

In all other cases, a minimum separation of 10 feet between buildings on the same lot shall be provided;

(3)

In cases where the requirements for separation between buildings on the same lot and the landscaped courtyard requirements of paragraph 6 herein conflict, the more stringent requirements govern.

c.

Encroachments into Minimum Separations Between Buildings. Uninhabitable encroachments such as chimneys and projecting eaves may project a maximum of 3 feet into any minimum separation between buildings on either adjacent lots or the same lot.

5.

Building Orientation. Buildings shall have individual unit entrances articulated by such architectural elements as stoops, overhangs, ornamental hoods, or porches. In addition, buildings shall be oriented as follows:

a.

Buildings facing Mountain Street and Lincoln Avenue shall have:

(1)

Individual unit entrances facing or visible from the street;

(2)

Street facades with windows or an aggregate of windows 16 square feet in size or more, or doors.

b.

All other buildings. The majority of buildings not facing public streets shall face common open spaces such as landscaped courtyards or recreation areas, as provided for in Exhibit C, and meeting the requirements of paragraph 6 herein. In addition, all buildings shall have:

(1)

Individual unit entrances facing or visible from a private street or common open spaces;

(2)

Building facades with windows or an aggregate of windows 16 square feet in size or more, or doors, for any facade facing a private street or common open spaces.

6.

Common Open Space Areas. Common open spaces to include but not limited to landscaped courtyards and recreation areas provided as part of the paragraph 5 herein shall be visible from a public or private street and shall have a minimum dimension of 25 feet. At least 50% of landscaped courtyards shall be planted. Encroachments permitted to project for a maximum projection of up to 5 feet into such common open spaces shall be as follows:

a.

Balconies;

b.

Open porches no higher than one story;

c.

Bays no greater than 10 feet long and no higher than two stories (with a frequency no greater than one bay per 15 feet of building wall);

d.

Uncovered steps, landings, or patios not more than 3 feet in height measured from finish grade;

e.

Uninhabitable encroachments such as chimneys and projecting eaves.

7.

Maximum Height. The maximum building height shall be 23 feet to the top plate and 36 feet to the highest ridgeline, with height measured from finish grade. Chimneys may exceed the permitted height by no more than 2 feet.

8.

Open Space. A minimum of 35 percent of the site classified as PD-4 shall be open space, to include but not limited to landscaped areas, recreation areas, private patios, courtyards, and walkways no more than 4 feet in width. All open space areas shall be finished with landscaping or decorative paving.

9.

Paving Standards. The following paving standards shall apply:

a.

Concrete may be used for walkways up to 4 feet in width but is not acceptable for area paving unless mandated by the Uniform Building Code;

b.

Unplanted areas with a minimum dimension of 5 feet or more shall be paved with unit pavers such as brick, tile or concrete setts or covered with decomposed granite or garden gravel.

10.

Landscaping and Maintenance. Landscaped areas shall be permanently maintained and irrigated with an automatic system in accordance with the provisions of Chapter 17.64. The majority of landscaped areas shall be planted with low water-using plants. Grass shall be excluded from areas difficult to irrigate, such as sidewalk strips, slopes, and planting areas less than 5 feet in width. At least one 24-inch-box tree shall be planted for each residential unit and for each tree removed from the project site. New trees shall be distributed throughout the site. A landscape plan shall be submitted for review and approval by the Planning Director prior to issuance of a building permit and shall contain the specimen or common names of plants, sizes, location on the site, and number of each variety used.

11.

Walls and Fences. Walls or fences located between a public or private street and any occupancy frontage may be to 6 feet in height provided that the material used for the fence or wall for any portion of the wall above 4 feet has perforations through at least 50 percent of its surface area. Walls or fences along property lines adjacent to any PS district may be up to 10 feet in height. A wall or fence in a landscaped courtyard as described in paragraph 6 herein for common open space areas, or a wall or fence between a public or private street and such landscaped courtyard, shall not exceed 4 feet in height. Walls and fences bordering a private patio or private open space within said landscaped courtyard may be up to 6 feet in height, provided that the material used for the fence or wall for any portion of the wall above 4 feet in height has perforations through at least 50 percent of its surface area. All other interior walls or fences may be up to 6 feet in height without limitation on the material used. Walls or fences near intersecting streets or driveways must comply with the sight distance triangle provisions of Section 12.12.020.

12.

Off-Street Parking. The applicable standards of the off-street loading and parking regulations of Chapter 17.68 shall apply, except as here modified. A minimum of 2 covered parking spaces shall be provided on site for each unit. All

covered parking spaces shall be equipped with automatic garage door openers. A minimum of 9 uncovered parking spaces for guest parking shall also be provided on site.

13.

Accessory Structures. Accessory structures shall be permitted as follows:

a.

Accessory structures shall not be constructed prior to the construction of a primary structure;

b.

Accessory structures may be located in a minimum yard, except that such structures shall not be permitted between a public street property line and any occupancy frontage, and in any yard within 100 feet of a street property line. Accessory structures shall maintain a minimum separation of 6 feet from any other structure on the lot.

c.

Accessory structures shall be limited to one story with a maximum height of 18 feet and a maximum top plate height of 12.5 feet. An accessory structure shall be limited to a maximum height of 12 feet in height at the property line and shall not intercept an inclined daylight plane slope inward from a point 12 feet above the property line and rising 2 feet for each foot of distance from the property line. Eaves may project into the inclined daylight plane slope;

d.

Accessory structures shall be limited to uses which are accessory to the main use, including but not limited to, garage or carport, pergola, pool, or hot tub and related equipment, greenhouse, cabana, gazebo or workshop;

e.

Pools, spas, and related equipment shall not be closer than 5 feet from a property line;

f.

No swimming pool or hot tub shall be located closer than 15 feet, measured in a horizontal plane, to any unenclosed balcony, porch, landing or access way which is more than 8 feet above the elevation of the adjoining pool deck or coping, if there is no deck. Windows above the first floor within 15 feet of a swimming pool shall be fixed.

14.

Signs. The following sign standards shall apply:

a.

On-Premise Signs. No sign shall be located more than eight feet above the finish grade. Signs near intersecting streets or driveways must comply with the sight distance triangle provisions of Section 12.12.020. Illumination of signs shall be permitted as established in Section 17.72.050. The following additional regulations shall apply:

(1)

Mountain Street and Lincoln Avenue. A maximum of two wall or freestanding signs for project identification along the combined Mountain Street and Lincoln Avenue property lines may be permitted. The maximum sign area shall be 16 square feet of total sign area for the combined Mountain Street and Lincoln Avenue street frontages.

(2)

Manzanita Avenue. One wall or freestanding sign may be permitted along the Manzanita Street property line, not to exceed 3 square feet of sign area.

b.

Exempt and Prohibited Signs. The provisions of Section 17.72.020 and Section 17.72.060 governing exempt signs and prohibited signs, respectively, shall apply.

c.

Temporary Real Estate Signs. The following standards for temporary real estate signs shall apply:

(1)

During construction and prior to the issuance of a certificate of occupancy, there shall be no limitation on the number or size of temporary real estate signs advertising the property for rent, lease, or sale.

(2)

Following the issuance of a certificate of occupancy, no more than 2 signs advertising the property for rent, lease, or sale shall be permitted for any street frontage. No sign shall exceed 3 square feet in area.

15.

Screening of Mechanical Equipment. The provisions of Chapter 17.64 governing the screening of mechanical equipment shall apply, except as modified herein. All exterior mechanical equipment shall be screened from view from public or private streets, driveways, recreation areas, common areas, and walkways. Exterior mechanical equipment may be located in any minimum yard, except no such equipment shall be located between a public street and any building line. The top of exterior mechanical equipment need not be screened from view from above.

16.

Refuse Storage Areas. The provisions of Chapter 17.64 governing refuse storage shall apply. The Public Works director shall determine the minimum size of required refuse storage area based on the type of use, the size of the refuse area proposed, and the frequency of refuse collection.

17.

Performance Standards. The performance standards in Chapter 17.64 shall apply.

D.

Design Review. The project shall be subject to Design Review and approval as required by Chapter 17.92. In addition, the Planning Director shall review and approve all new construction or substantial exterior alterations affecting views of the project from the public right-of-way or a significant portion of the site. All other exterior alterations shall be exempt from Design Review.

E.

Public Rights-of-Way. All unused drive approaches shall be closed with standard concrete curb, gutter, and sidewalk. The driveway access from Mountain Street shall be a minimum of one hundred feet from the 210 Freeway public rightof-way. In addition, the following improvements as specified by the Public Works Director shall be required prior to the issuance of a certificate of occupancy:

Mountain Street shall be restriped to allow left-turns to/from the driveway access on Mountain Street;

2.

A minimum of 3 new street lights shall be provided;

3.

A maximum of up to 6 new 24-inch-box street trees shall be installed along the project street frontage.

F.

Lot Consolidation. A tentative tract map to consolidate the existing lots and for condominium purposes shall be filed within 6 months of the issuance of a building permit and prior to receiving a certificate of occupancy. The tentative tract map shall include any dedicated easements, as required, for sewer, storm drain, public utilities, or ingress/egress purposes in accordance with the requirements and standards of the Public Works Director. If the tentative tract map is approved, the applicant or successor in interest shall record a final tract map within the time period allowed under the Subdivision Map Act of California Government Code Sections 66410 to 66499.58.

G.

Applicability. Any conditions and mitigation measures adopted as part of any required approval for the project, as well as the code requirements of other City departments, shall remain applicable.

PD — 5 - Allesandro Place/Fair Oaks

A.

Conditionally permitted uses shall be those restricted to and directly supportive of hospital uses. Such uses include medical offices, laboratories, clinics and other such facilities that are medically oriented as well as ancillary automobile parking.

The property facing Hurlbut Street shall specifically be restricted to surface parking.

B.

No new structure shall exceed 50 feet in height excluding mechanical equipment. Parking structures shall be limited to 2 stories above grade. Maximum lot coverage shall be limited to 45 percent.

C.

Front yard setbacks shall be required and shall not be less than 20 feet. Side and rear yard setback shall not be less than 10 feet.

D.

Parking shall be provided in accordance with the requirements of Chapter 17.68 of this title.

E.

Vehicular access from Hurlbut Street shall be limited to ingress only. Vehicular egress shall be prohibited onto Hurlbut Street. Parking on the parcel facing Hurlbut Street shall be restricted to employee parking only.

PD — 6 - Eaton Wash Residential

The following zoning standards shall apply and supersede any inconsistent or different standards established by Title 17 of the Pasadena Municipal Code, but only for the development plan referred to in Section 4 of Ordinance 5595. Except

as expressly provided herein, a planned unit development for the area shall comply with all the requirements of the Pasadena Zoning Code that may be applicable to the area. The special development standards are as follows:

A.

Density and Lot Area. The project density shall not exceed 55 units nor 4.9 dwelling units per gross acre (development site plus half the width of Sierra Madre and Orange Grove Boulevards). No lot shall be less than 4500 square feet.

B.

Building Area. Building area shall not exceed 50 percent of the total lot area.

C.

Yards and Setbacks.

1.

The depth of the front yard shall be a minimum of 22 feet from the front property line.

2.

There shall be a minimum 10 foot side yard along one side lot line of every lot. A second side yard along the other side lot line is optional.

3.

Each lot shall have an average 23-foot rear yard setback.

D.

Landscaping. One 36-inch box tree shall be planted on each interior lot. Two 36-inch box trees shall be planted on corner lots. An automatic irrigation system shall be installed in the front yards, along side yards adjacent to streets and along any common area. Existing Jacaranda trees shall be retained.

E.

Parking.

1.

All driveways shall be paved with concrete.

2.

Automatic garage door openers shall be provided for each unit.

F.

Elevations. There shall be a minimum of two elevations for each floor plan.

PD — 7 - Seco Street

A.

Conditionally Permitted Uses.

Business services including, but not limited to, printing, duplicating, blue printing, secretarial services, computer services, mailing services, telephone exchange and photographic processing.

2.

Business and professional offices and medical offices.

3.

Other business related uses which are found to be consistent with the intent of the overlay zone. Specifically prohibited are retail sales of any kind, eating establishments, automotive related uses and personal service uses (cleaning, barber shop, laundry, shoe repair, etc.).

B.

Required Setbacks. The minimum building setback shall be 15 feet from all streets.

C.

Height Limit. No structure shall exceed the elevation of 30 feet from the datum plane on Seco Street.

D.

Building Coverage. The maximum coverage of all structures on a lot shall not exceed a maximum of 50 percent.

E.

Sign Limitations. Signs shall be permitted only in accordance with the sign regulations for the RM-32 District.

F.

Building Design. All structures shall be residential in character, and shall have exterior surface building materials limited to wood and stucco (no masonry or glass buildings); rooftop mechanical equipment shall be totally screened in accordance with the provisions of Chapter 17.64 of the zoning code.

G.

Required Landscaping. A minimum of 15 percent of the site area shall be planting area.

H.

Access. Vehicular access shall be permitted to Seco Street only.

PD — 9 - El Mirador

A.

The average lot area (exclusive of the open space lot) shall be not less than 22,586 square feet, and no individual lot area may be less than 15,000 square feet.

B.

Lot width shall be not less than 100 feet at the front building line.

C.

Special construction and site requirements of the HATE District and the required width and grade requirements for driveways of such district shall be strictly followed.

D.

Developments on the lots designated 5, 6 and 12 on revised Tentative Tract Map 41465 shall be subject to building criteria developed by the Zoning Administrator. The City Council shall adopt the building criteria reasonably necessary to implement this development standard at the first quarterly review of this planned unit development.

E.

The "Wabash Knoll" shall not be physically altered.

F.

All cut and fill slopes shall be contoured to meet side slopes with radii of at least 25 feet and to meet upper and lower slopes with radii of at least 10 feet.

G.

The development shall comply with the parking requirements of the HATE District.

H.

The street width shall be 32 feet curb to curb. A 5-foot wide sidewalk within a 10-foot sidewalk and utility easement may be required on one side of the street, and an 18-inch to 3-foot wide carriage walk may be required on the other side of the street.

I.

Street grade shall not exceed 12 percent except that 15 percent segments shall be permitted for limited distances if the Zoning Administrator determines that the difficult terrain of the site warrants such action.

J.

The Zoning Administrator shall consult with abutting property owners to determine a mutually acceptable wall design for the periphery of the site adjacent to the existing residences located to the north and east.

K.

The Zoning Administrator shall review and approve the final landscape plan (per Section 17.48.040(J)) for the slope, common open space and graded areas prior to issuance of any permits. The landscape plan shall include the following:

1.

Specific attention shall be given to retaining and enhancing the existing riparian habitat in the upper canyon area. Plant materials used should be appropriate to lower foothill riparian ecosystems.

2.

The developer shall consult with a biologist to ensure the debris basins provide maximum benefit to riparian habitat. No fences or other barriers to animal movement shall be placed along these drainages.

3.

Maximum effort shall be given to retaining existing trees in place. All trees to be retained in places shall be suitably protected during grading operations. For trees to be removed, emphasis shall be placed on transplanting them on site. For each native tree larger than 4-inch caliper which is removed and not transplanted on site, a replacement tree shall be planted on the site. For trees in excess of 8-inch caliper, the replacement tree shall be 48-inch box or larger, or a combination of sizes to be approved by the Zoning Administrator. All trees shall be planted prior to release of the letter of

credit described in paragraph N below and shall be maintained by the applicant or his successor(s) in interest until the individual lots are transferred to individual ownership or to a homeowners association.

4.

On completion of final grading, the developer shall replant and irrigate cut-and-fill slopes so that revegetation can occur as soon as possible. Consideration shall be given to use of drought adapted, fire-retardant plant materials, especially species native to Southern California foothills.

5.

The developer shall provide a complete irrigation plan. If water requiring species are used for rapid growth, a water injection system shall be installed rather than sprinkling systems. No irrigation system shall be permitted in areas of existing natural vegetation.

6.

To minimize entry of sediment into preserved drainage courses, resulting from construction, consideration should be given to use of rapid developing soil anchoring ground cover and strategic placement of run-off retaining structures.

7.

Landscaping shall screen views of downslope elevations to the extent feasible.

8.

Areas where fuel loads constitute a significant fire threat shall be cleared or thinned of existing plant material to the satisfaction of the fire department.

9.

Topsoil shall be stockpiled during grading and redistributed on appropriate surface areas during the fine grading operation.

10.

Prior to release of the letter of credit, the Zoning Administrator shall find that the applicant has complied with the landscape plan, and that the ground cover, shrubs and trees on the graded slopes are planted and established.

L.

The Zoning Administrator shall review and approve a complete grading plan prior to issuance of any permits. The grading plan shall include the following:

1.

Hauling route and schedule which provides the least impact to surrounding residents.

2.

Maximum use of passive drainage controls (landscaping, small diversion basins, etc.) as opposed to active control devices (paved swales, below grade storm drain systems, etc.).

3.

Phased grading and tree removal plan in order to retain escape routes for native fauna.

4.

Strict conformance to the standards of Municipal Code Chapter 14.05 (Excavation and Grading of Hillsides), including slope gradients.

5.

Minimum 95 percent compacting in the upper 12 inches of all street subgrades.

6.

Excavation and refilling (with compacted fill) in areas of porous, compressible or alluvial soils where buildings are to be located.

7.

Stockpiling for later reuse of topsoil.

8.

During grading operations, the soil shall be watered down to prevent escape of airborne dust.

9.

Cut and fill activity shall substantially balance so that earth import or export does not exceed 15,000 cubic yards.

10.

The height of cut slopes shall not exceed 20 feet.

11.

The maximum height of finished cuts for roads, walkways, walks and driveways shall not exceed 8 feet unless such cut is also necessary for the formation of a pad in which case 20 feet is the maximum height.

12.

The height of fill slopes shall not exceed 30 feet.

13.

Debris basins shall be constructed to the Los Angeles County Flood Control District standards.

M.

The developer shall submit a covenant approved by the city attorney's office to ensure that the following standards are met:

1.

All homes shall have noncombustible roofs.

2.

Street-facing windows of units shall be constructed with double-paned windows and/or other attenuation measures as needed to reduce interior noise below 45 decibels.

The developer shall make the following recommendations to the purchasers of the lots with respect to crime prevention methods:

a.

Exterior doors should be metal or solid wood with a 1-inch deadbolt that locks in addition to a key-in-the-knob lock.

b.

When a door has glass panes or windows within 40 inches of a lock, a double cylinder deadlock is recommended so that a key is required to open the door from either side.

c.

All ground floor windows should have key operated sashlocks.

d.

To prevent sliding glass doors from being lifted from the track, it is recommended that 1-1/4 inch pan head sheet metal screws be inserted into the top of the door frame at both ends and the middle so that the door barely clears them when it is operated.

e.

Sliding glass doors should be fitted with deadlocks which utilize bore pin tumbler cylinders.

4.

No truck traffic to or from the site during initial site grading shall occur during the time period when school busses pick up and drop off children on El Mirador Drive.

5.

All grading, landscaping and irrigation systems and public improvements shall be complete within 18 months of initial grading activity.

6.

Local streets used by trucks and equipment servicing this project during construction shall be washed down daily if necessary. Any damage to public streets as a result of the grading activity shall be repaired at the expense of the developer.

7.

Bylaws for the formation of a homeowners' association.

8.

Homeowners association conditions, covenants and restrictions (CC&R's) indicating:

a.

The permanent dedication of the open space lot for open space uses. Ownership of the open space lot shall be transferred to the homeowners' association in perpetuity for maintenance and assumption of all liability.

b.

Continued maintenance program for debris basins, slopes and vacant lots which provides for maintenance by the applicant or his successor(s) in interest until the individual lots are transferred to individual ownership or to a homeowners' association.

c.

Continued maintenance program for debris basins, slopes and vacant lots which provides for maintenance by individual lot owners, or by a homeowners' association until construction begins on the lots.

d.

Method of financing for such continued maintenance program.

9.

Construction shall be limited to weekdays between 7:00 a.m. and 5:00 p.m.

10.

The developer shall notify prospective lot purchasers of Southern California Gas Company's program to provide assistance in selecting the most effective energy conservation techniques for a development.

11.

Design and construction methods shall include passive solar water heating and space heating/cooling where practical and incorporation of natural ventilation techniques such as:

a.

South-facing overhangs;

b.

Shading of windows where practical;

c.

Heat absorbing window screens;

d.

Double glazed or other high-STC rated windows for noise abatement and energy savings;

e.

Insulate hot water heater and pipes;

f.

Locate water heater as close as possible to areas needing hot water;

g.

Clock or electronic thermostat controlled space conditioning system to automatically switch off equipment during nonoccupancy hours;

h.

Place heating/cooling equipment near points of use; and

i.

Locate thermostats where they will accurately measure temperatures experienced by people.

N.

The developer shall provide a letter of credit approved by the city attorney's office and the planning director to ensure that the grading project (including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards), landscaping, irrigation systems and public improvement requirements contained in the development standards and subsequent conditions of subdivision approval will be completed within 18 months of initial grading activity.

O.

The applicant shall provide a letter of credit approved by the city attorney's office and the planning director to ensure that there is continued maintenance of debris basins, slopes and vacant lots after the expiration of the 18-month period discussed in paragraph N above. Such maintenance shall continue until the developer has sold 50 percent of the lots at which time the homeowners' association shall assume responsibility for such maintenance.

PD — 10 - Colorado/Lake

A.

Permitted uses shall be limited to office and retail uses and the parking required therefore.

B.

The overall height of the office building shall not exceed 161 feet.

C.

Setbacks for the major mass of the 10-story office building shall be 14.5 feet from Colorado Boulevard and 18.5 feet from Lake Avenue, except at the northeast corner of Colorado Boulevard and Lake Avenue where the major mass of the building will be set back 54.5 feet from Colorado Boulevard and 58.5 feet from Lake Avenue.

D.

Applicant may construct a glassed-in entrance lobby within the northeast corner setback described in subsection C above, provided that such lobby does not exceed 40 feet in width by 40 feet in length or 20 feet in height.

E.

The colonnade shall be set back 4.1 feet from Lake Avenue and shall not exceed 20 feet in height. It shall not extend more than 14.5 feet from the major mass of the building except at the northeast corner, where it shall not extend more than 14.5 feet form the glassed-in entrance lobby described in subsection D above.

F.

The office building shall not exceed 200,827 gross square feet, excluding the mechanical penthouse.

G.

The office building shall not exceed 22,367 square feet in lot coverage.

H.

The height of the parking structure shall not exceed 55 feet above the finished grade to the top of the roof wall.

I.

The parking structure shall be set back 6 feet from Boston Court and 67.2 feet from Mentor Avenue.

J.

The parking structure shall not exceed 24,422 square feet in lot coverage and shall contain not less than 674 parking spaces of which 241 may be small car parking spaces.

K.

The parking structure surface shall be treated to reduce tire noise and be designed to accommodate vans. Exhaust fans for underground parking shall be vented to the roof of the parking structure. The parking structure shall be designed to be compatible with the design of the office building. The exterior design of the parking structure shall be reviewed by the city Zoning Administrator and the design review committee. Architectural elements of the parking structure must be similar to and compatible with the proposed office building, including the use of exterior building materials and color.

L.

Construction activity shall be limited to the hours between 7:00 a.m. and 5:00 p.m. weekdays, with no construction or grading permitted on weekends or holidays.

M.

The Lieberg Building shall be restored in accordance with the United States Secretary of the Interior's Standards for Rehabilitation of Historic Structures, and in accordance with the recommendations of the design review committee.

PD — 11 - Foothill Boulevard, Craig Avenue and White Street

The following development standards apply to the property known as 2159-2233 East Foothill Boulevard:

A.

Self-storage and Office-Administrative, Business, and Professional are the only permitted uses in this PD. The office use is limited to only the southerly two-story portion of Building C-2 and the self-storage use is limited to the northern singlestory portion of Building C-2 and all other existing and proposed buildings.

B.

Outdoor storage containers shall be limited to the north side of the White Street parking lot as permitted under the 1986 PD plan. Storage containers shall be permitted on the eastern portion of the site (Foothill Boulevard parking lot), until development of Building D occurs on this site. No additional storage containers shall be permitted on the PD site.

C.

No storage of Recreational Vehicle (RV) shall be permitted on the White Street parking lot. Until new development occurs on the eastern portion of the PD site, parking for RVs is limited to the Foothill Boulevard parking lot with proper screening under the current plan.

D.

There shall be landscaped berm 10-feet deep along the length of the White Street frontage.

E.

There shall be a 15-foot landscaped setback between the parking lot on White Street and the residential district to the east of the Planned Development boundary.

F.

The setback for the east side of the existing storage Building C-1, adjacent to the residential district, shall be maintained as approved under the 1986 PD plan as shown in Exhibit 1. This building shall also maintain a minimum setback of 74 feet from the property line along the White Street frontage, as approved under the 1986 PD plan.

G.

No building located within 166 feet of the northerly PD boundary along White Street shall exceed 23-feet in height.

H.

The maximum height of Building D on the eastern portion of the site shall not exceed 30-feet, except for appurtenances as provided under Section 17.40.060 D of the Zoning Code.

I.

The maximum height of Building A on the southwesterly portion of the site shall not exceed 45-feet, except for appurtenances as provided under Section 17.40.060 D of the Zoning Code.

J.

The setbacks for Building D on the eastern portion of the site shall be in conformance with the attached site plan as shown on Exhibit 1, entitled "Site Plan".

1.

North side: Minimum 15 feet for the 1st and 2nd story and 25 feet for the 3rd story.

2.

South side: Minimum 5 feet.

3.

East side: No setback is required.

4.

West side: No setback is required.

K.

The setbacks along Foothill Boulevard and Craig Avenue for Building A on the southwesterly corner of the site shall be in conformance with the attached site plan as shown in Exhibit 1, entitled "Site Plan".

1.

North side: No setback is required.

2.

South side: A range of 5-10 feet.

West side (corner yard): 5 feet+.

L.

The 5-foot setback along Foothill Boulevard frontage for Building D shall be landscaped. The 15-foot setback on the north side of Building D shall also be landscaped, as shown on Exhibit 1. A landscaped and irrigation plan shall be prepared and submitted for review and approval by the Zoning Administrator and Planning Director or Design Commission.

M.

The proposed building, Building D, on the eastern portion of the site shall not exceed a maximum of 46,300-square feet of gross floor area. The building at the southwestern corner, Building A, shall not exceed a maximum of 69,600 square feet, including the preservation of approximately 5,000 square feet of the existing historically significant Building C-2. The existing warehousing building, Building C-1, shall not exceed 128,230-square feet. Full development on the entire PD site shall not exceed 261,000-square feet of total floor area.

N.

The hours of operation for the self-storage use shall be limited to hours between 7:00 a.m. to 7:00 p.m. seven days a week, except for the self-storage facility identified as Building A as shown in Exhibit 1, which may operate between the hours of 7:00 a.m. to 10:00 p.m. seven days a week. The hours of operation for Building D shall be limited to hours between 7:00 a.m. to 7:00 p.m. seven days a week.

O.

All other regulations of the CG (General Commercial) district that are not inconsistent with this Planned Development shall apply.

P.

A sign plan for all new development shall be submitted to and approved by the Zoning Administrator prior to any occupancy of the buildings.

Q.

There shall be no vehicular access on White Street.

R.

Parking shall conform to the requirements of Chapter 17.46 of the Pasadena Municipal and to the requirements of the Department of Public Works and the Department of Transportation, except as specified herein. Prior to the construction of Building D, a minimum of 45 parking spaces shall be provided for the entire PD plan. Upon completion of Building D, a minimum of 52 parking spaces shall be provided for the entire PD plan. All parking spaces shall be double-striped and provided with wheel stops. One tree shall be provided for every six (6) parking spaces.

S.

The applicant shall meet all the requirements of Section 17.46.320 (Bicycle Parking Standards) of the Zoning Code. Final location of the bicycle parking and type of bicycle racks shall be reviewed by the Public Works and Transportations Departments.

T.

The parking, trash enclosure, and loading areas shall conform to the requirements of the Zoning Ordinance and a plan showing all pertinent dimensions for these areas shall be submitted to the Department of Public Works and the

Department of Transportation for review and approval prior to the issuance of a building permit.

U.

No mechanical equipment, with the exception of solar collectors, shall be permitted on any roof unless property screened, or in an enclosure designed to be architecturally compatible with the building. All screening must be reviewed and approved by the Zoning Administrator. All mechanical equipment shall be screened in accordance with Chapter 17.40.150 (Screening) of the Zoning Code.

V.

A detailed site plan/floor plan for review and approval by the Zoning Administrator shall be submitted prior to the issuance of a building permit. The site plan submitted for building permits shall substantially conform to the site plan as shown in Exhibit 1.

W.

Concept and final design review shall be required for Building D as per Table 6-3 of the Pasadena Municipal Code Chapter 17.61.

X.

The Public Art Ordinance requires that at least one percent (1%) of the building permit valuation of commercial, industrial and mixed use projects over 25,000 square feet of gross floor area shall be allocated by the developer to incorporated in their design a public art component.

Y.

For any project with an on-site public art budget of $25,000 or more, an experienced public art consultant is required and should be contracted as soon as possible to work as an integral part of the overall design team from the inception of the project.

Z.

No project will receive Preliminary/Concept Design review without first applying to the Arts Commission for Preliminary/Concept Art review.

AA.

The actual Arts Commission review must take place within 45 days of the Concept Design review.

AB.

Application for Final Design review is only possible with an approved Preliminary Art Concept.

AC.

Final Art Plan Review must occur within 45 day of the Final Design review.

AD.

A deposit of twenty percent (20%) of the total one percent obligation as the Public Art Deposit will be required at plan check.

AE.

The applicant is responsible to allocate the remaining eighty percent (80%) toward an on-site public art project

AF.

Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging Plan to the Department of Public Works and the Department of Transportation for review and approval. This plan shall show the impact of the various construction stages on the public right-of-way including street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site.

AG.

The applicant shall place a $10,000 deposit with the Department of Public Works prior the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the developer will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping slurry seal/resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction of this site.

AH.

The proposed development shall connect to the public sewer by a method approved by the Department of Public Works. All sewer connection shall be 6-inch diameter vitrified clay pipe with a minimum slope of 2 percent.

AI.

The applicant shall submit to the Department of Public Works a grading and drainage plan for review and approval indicating the quantity of storm water runoff and how it will be handled prior to the issuance of a building permit. If drainage patterns are altered, the applicant shall provide an approved method of controlling storm water runoff. Approval shall be made by the Planning and Development Department and the Department of Public Works prior to issuance of a grading or building permit for this site.

AJ.

The development is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance, which the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading, or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance.

AK.

If the existing street lighting system along the project frontage is in conflict with the proposed driveway locations, it is the responsibility of the applicant to relocate the affected street lights, including conduits, conductors, electrical services, pull boxes and miscellaneous appurtenant work in a manner that complies with the requirements and receives the approval of the Department of Public Works.

AL.

Excavations in the street of utility connections shall be close as possible to each other and the pavement shall be restored contiguously between extreme excavations.

AM.

The applicant shall close all unused drive approaches with standard concrete curb, gutter and sidewalk and shall repair any existing or newly damaged curb, gutter and sidewalk, without cutting the asphalt pavement. Sawcutting shall be done along the flowline. Existing street trees shall be protected using the City's Tree Protection Standards available from the Parks and Natural Resources Division (744-4514), along the subject frontage(s) prior to the issuance of a Certificate of Occupancy.

AN.

If the proposed improvement drains to the driveway, the applicant shall construct a non-sump grate drain in the driveway at the back of the sidewalk. The drain shall discharge to the street in a curb outlet approved by the Department of Public Works.

AO.

The project shall comply with the Tree Protection Ordinance (TPO) that provides protection for specific types of trees on private property as well as all trees on public property.

AP.

If pruning of street trees will be required to facilitate construction of the development, pruning of street trees shall be done by the City's Parks and Natural Resources Division crew. The applicant shall be responsible for the cost of pruning the street trees to the Department of Public Works a $1,500 deposit, subject to refund or additional billing, for the City crew to prune the street trees if pruning is required.

AQ.

If street tree vacancies exist, the applicant shall plant and maintain, for a period of three years, the officially designated street tree per the City approved master street tree plan on the subject frontage and install an irrigation system for those trees. Locations will be finalized in the field by Department of Public Works staff. Trees must meet the City's tree stock standards and be planted according to the details provided by the Parks and Natural Resources Division. The trees shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy. Plans for irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.

AR.

Plans must be submitted to the Parks and Natural Resources Division for approval showing any structures, irrigation, footings, grading or plantings that impact City street trees. The plans must conform to the Tree Protection Standards which specifically require showing the locations of all existing trees, their diameters and actual canopies as well as any trees to be planted with their canopy at mature size.

AS.

The applicant shall comply with the current NPDES (National Pollutant Discharge Elimination System) Permit requirements for Development Planning and Development Construction through the Planning and Development Department of the City.

AT.

Unless otherwise arranged, the applicant is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer registered in the State of California. Upon submission of improvements plans to the Department of Public Works, the applicant will be required to place a deposit with the Department to cover the cost of plan checking and construction inspection of the improvements.

AU.

A sewer flow analysis, prepared by a civil engineer registered in the State of California, shall be submitted to the Department of Public Works for review and approval. The sewer flow analysis shall include sewer flow monitoring at specific locations to be determined by the Department. The sewer flow analysis shall include calculations for the quantities of sewer flow for the pre-development and post-development conditions and how sewer flow will be handled. The applicant will be required to mitigate any potential sewer capacity deficiency by a method approved by the

Department. The applicant shall also be responsible for all costs required in mitigating the potential sewer capacity deficiency, including upgrading existing sewer mains and/or replacing the existing sewer mains with larger mains in the streets fronting the development and reaches further downstream of the proposed development.

AV.

The applicant shall submit the following plan and form which are obtainable from the Recycling Coordinator, (626) 7444721, of the Department of Public Works for approval:

1.

C & D Recycling & Waste Assessment Plan - Submit plan prior to issuance of the grading permit. A list of Construction and Demolition Recyclers can be obtained form the Recycling Coordinator.

2.

Monthly reports must be submitted throughout the duration of the project.

3.

Summary Reports with documentation must be submitted prior to final inspection.

AW.

The applicant shall advertise the availability of salvage materials. A listing can be made a no charge in the CALMAX Quarterly Catalog at www.ciwmb.ca.gov/CALMAX or through LACOMAX at www.dpw.co.la.ca.us/epd/lacomax or through preservation groups or web or newspaper advertising.

AX.

The project shall be subject to the use of deconstruction techniques. A deconstruction manual is available free of charge by downloading it from www.ciwmb.ca.gov/publications or by requesting a copy from the Recycling Coordinator, (626) 744-4721, of the Department of Public Works.

AY.

The project will be subject to the development impact fee for new construction. This fee will be used to fund street and traffic improvements in this general area. This fund was created to address incremental traffic impacts by new developments citywide.

AZ.

The project is not subject to the City's Transportation Demand Management (TDM)/Trip Reduction Ordinance (TRP) requirements.

BA.

Restrict all noise intensive construction activity to daytime working hours in accordance with the city noise ordinance.

BB.

Any modifications to the approved plans shall be submitted for review and approval to the Director of Planning and Development, for compliance with all applicable guidelines.

BC.

The applicant, or successor in interest, shall comply with Mitigation Measures identified in the approved Mitigated Negative Declaration for CUP #4085, and Conditions of Approval identified by all applicable City Departments for the project. Mitigation measures for CUP #4085 include the following: 1) Preservation of the existing office portion of the building and its landscaped courtyard in front of the building at 2189 E. Foothill Boulevard. The treatment of the office building shall follow the Secretary of the Interior's Standards for rehabilitation; and 2) If the factory portion at the rear of the building at 2189 E. Foothill Boulevard is demolished, any new structure in that location shall be designed to be compatible with the historic resource. The applicant shall participate in an on-going Mitigation Monitoring Program to ensure the appropriate implementation of the mitigation measures and conditions of approval for the project.

BD.

The proposed project is subject to the City's Condition/Mitigation Monitoring Program and is also subject to FinalZoning inspection. Mitigation Monitoring is required for your project. Under the Monitoring Program, your project will be inspected by Code Compliance staff to determine compliance with the conditions of approval. The Condition/Mitigation Monitoring inspection will occur during the term of the project. The Final Zoning Inspection will occur at the completion of the project. Required monitoring fees for inspections shall be paid on or after the effective date of the Mitigation Monitoring permit, but prior to the issuance of any building permits. Contact the Code Compliance Staff at (626) 7444633 to verify the fee. All fees are to be paid to the cashier at the Permit Center located at 175 N. Garfield Avenue. Failure to pay the required monitoring fees prior to initiating your approved land use entitlement may result in revocation proceedings of this entitlement.

BE.

The design of the wall at the north property line abutting the residential use shall be designed to provide for the continuance of natural flow of water runoff to the PD site as agreed by the property owner and the applicant. Such design shall be reviewed and approved by the Planning and Development Department prior to issuance of building permits.

BF.

The applicant, or successor in interest, shall comply with any conditions adopted as part of any required approval as well as the code requirements from other City Departments, including the Fire Department.

BG.

No construction shall be permitted that results in the injury or removal of a landmark, native, or specimen tree as defined under Chapter 8.52 unless findings are made pursuant to Chapter 8.52 of the Pasadena Municipal Code.

BH.

The creation of a flag-lot subdivision shall not be permitted.

(Ord. 7099, § 55 (1), 2007; Ord. 7049, § 02, 2006)

PD — 12 - Walnut - Los Robles

The following development standards shall apply to the property reclassified in Section 2 of Ord. 6144:

A.

That portion of the property formerly in Central District 3 (CD-3) shall be used only for visitor accommodation: hotels and motels as defined in Chapter 17.16 or any other use permitted or conditionally permitted in CD-3 by Section 17.33.040. All of the land use regulations, additional use regulations and development standards of CD-3 that are not inconsistent with these development standards shall apply. In cases of conflict, these development standards shall prevail. That portion of the property formerly in Central District 16 (CD-16) shall be used only for the uses authorized in CD-16 by

Section 17.33.040 of this code or any other uses authorized in CD-16 by Section 17.33.040. All of the land use regulations, additional use regulations and development standards of the CD-16 which are not inconsistent with these development regulations shall apply. In cases of conflict, these development standards shall prevail.

B.

The total height of the hotel building shall not exceed 145 feet measured from the natural grade to the top of building. The height of the hotel building shall not exceed 130 feet measured from the natural grade to the eave as shown on Exhibit 4 of Ord. 6144. The space between 130 feet and 145 feet shall be devoted to an architectural feature, and may not be occupied for any use other than mechanical equipment. The height of the office building shall not exceed 105 feet measured from the natural grade to the bottom of the eave.

A sloping roof to screen mechanical equipment may extend beyond such limit not more than 15 feet. The other specific heights shown on Exhibit 4 of Ord. 6144 may be increased 5 feet or 5 percent, whichever is greater, provided there is no increase in net rentable space.

C.

There shall be a minimum of 850 parking spaces. Fifty percent of these spaces may have compact car stall dimensions.

D.

The parking provided for the hotel may use tandem parking with an attendant on duty. No more than 15 percent of the parking requirement of condition No. 4 above may be achieved through tandem parking. Within the parking required by condition No. 4, no tandem parking will be included for the office building. Such building shall meet the parking requirements of the Pasadena Municipal Code.

E.

The maximum site coverage for Parcels B, D, E and F shall not exceed 43 percent. The maximum site coverage for parcels B and D together shall not exceed 45 percent.

F.

There shall be substantial compliance with the interior setbacks shown on Exhibit 5 of Ord. 6144, entitled "Walnut-Los Robles PD Setbacks."

G.

The Odd Fellows Temple shall be relocated to another site in the city of Pasadena in accordance with the provisions of the Second Amended Restated Owner Participation Agreement (the "OPA") dated December 28, 1985, and incorporated herein by this reference.

H.

If the cultural heritage commission determines that Hutch's Barbeque Restaurant is capable of being relocated using the criteria of Section 2.46.140 of this code, it shall be made available free of charge to anyone wishing to assume financial responsibility for relocating it. Such relocation must occur within sufficient time so that the applicant may meet its obligations in the schedule of performance in the OPA.

I.

The project shall be submitted to the design review committee for its review and approval. This submittal shall include a signage plan and a landscape plan. The project shall maintain substantial compliance with Exhibits 4 and 5 (Proposed

Walnut/Los Robles PD, Height Limits - Site Plan, and Elevations) and the model of the proposed project presented at the Planning Commission meeting of February 19, 1986.

J.

Prior to the issuance of any building permits, the applicant (Maguire/Thomaz Partners/Pasadena Center Ltd.) shall submit a transportation systems management plan (TSM plan) which contains the following minimum requirements:

1.

Promote ride-sharing (i.e. carpools and vanpools) among project employees, including preferential parking for ridesharing vehicles;

2.

Encourage use of mass transit by employees and shoppers;

3.

Provide bicycle racks to encourage employees and shoppers to ride bicycles to the center; and

4.

Encourage employment of people from the nearby residential neighborhoods. Such plan shall be submitted to the director of public works or his designee for his review and approval. No building permits shall be issued until such plan has been approved.

K.

All reasonable efforts shall be made to:

1.

Reduce the consumption of natural gas and electricity; and

2.

Use energy-conserving design and construction materials. The applicant shall consult with the city's energy coordinator to achieve to the maximum energy conservation which is feasible.

L.

During the grading period, the construction site shall be watered down at least twice daily to reduce construction-related emissions of dust. Grading shall be ceased during periods of high wind.

M.

The applicant shall assume financial responsibility for assessing the current condition of sewers serving the site and shall pay for any necessary repairs and/or upgrading required to service this project. Such assessment and repairs and/or upgrade shall be to the satisfaction of the department of public works. The cost of any additional repairs and/or upgrade beyond those required to service the project shall not be the responsibility of the applicant.

N.

The applicant shall widen portions of Los Robles Avenue from Union Street to just south of Walnut Street in conformance with the OPA.

O.

Approval of this PD is contingent on the use of parcels E and F as open space to preserve the view corridor to city hall.

P.

There shall be pedestrian access in the East City Hall View Corridor as defined in Section 17.33.080(K).

Q.

All roof-mounted mechanical equipment shall be screened from view.

R.

Construction activities shall take place only from 7:00 a.m. to 7:00 p.m., Monday through Saturday.

S.

The applicant shall screen construction activities from the adjacent land uses with fences.

T.

The parking surfaces in the parking structure shall be treated to reduce noise from vehicle tires.

U.

Exhaust fans in the parking structure shall be vented to the west side of the hotel and office structures but away from All Saints Church and the Maryland Apartments.

V.

If the OPA is terminated, either by the applicant/participant or the Pasadena Community Development Commission in conformance with the provisions of the OPA, the city shall initiate a change of zone to terminate this Walnut-Los Robles Planned Development, reverting to the CD-3 and CD-16 requirements. This action shall occur within 30 days of the termination of the OPA.

W.

The applicant shall comply with the "Affirmative Action Plan" and "Analysis of Internal Work Force" as specified by the OPA.

PD — 13 - Marengo - bellevue

The following development standards apply to the property reclassified in Section 1 of Ordinance 6168:

A.

A minimum of 270 parking spaces shall be provided on-site.

B.

A minimum of 27 units shall be affordable to persons of low and moderate income to satisfy bond requirements.

C.

Mirrors, speed humps and clearly visible directional signs shall be provided in the subterranean garage.

D.

All spaces in deadend aisles shall be assigned for residential use only.

E.

Any historic structures relocated to this site must be located along the Marengo Avenue frontage.

F.

The applicant may relocate two other architectural and historically significant houses of appropriate quality and scale if he is unable to secure the historic structures identified in the final EIR, without obtaining an additional Conditional Use Permit. These houses shall be approved by the cultural heritage commission and cannot exceed the combined total square footage of the historic structures identified in the EIR and proposed by the applicant to be relocated to this site. The footprint of the alternate structures cannot exceed by 5% the footprint of the approved historically significant structures.

G.

Access to the development is restricted to Marengo Avenue and Waldo Avenue.

H.

A setback of 20 feet along Bellevue Drive and Waldo Avenue shall be provided.

I.

Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. The plan shall include drought-resistant plant materials and low-volume irrigation where practicable. Special attention shall be paid to developing subactivity areas (i.e., play areas, outdoor eating, turf areas etc.). Furthermore, additional perimeter walls and landscaping to screen the project from adjacent properties shall be provided.

J.

All residential units on the site at the time the applicant filed his application for this zone change which are deemed significant by the cultural heritage commission shall be relocated within the city of Pasadena or the city of Altadena.

K.

All roof-mounted mechanical equipment shall be screened so that it is not visible from the public right-of-way.

L.

All construction crew vehicles shall be parked on the construction site. In addition, during the construction of the foundation of the structures the construction crew shall find alternative parking for their vehicles other than the streets immediately adjacent to the project.

M.

All land use regulations, development standards and performance standards of the RM-32-OC and the RM-32-HL-36 districts not inconsistent with these development regulations shall apply to the development of this property.

N.

In those areas where the historical structures are to be located, such areas shall be sufficiently landscaped and maintained until such time as the structures are actually placed on the site.

O.

The hours of construction are limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.

P.

The applicant shall keep all sidewalks adjacent to the proposed project clean and free of construction materials during construction.

Q.

Outdoor recreation areas designed especially for children shall be included on the site plan.

R.

All commercial tenants on the site must use the subterranean parking structure; all leases for office space in commercial offices must contain a clause stipulating that the subterranean parking will not be available to office tenants after 6:00 p.m.

(Ord. 7079 § 3, 2006)

PD — 15 - Huntington Hotel

The following development standards apply to the property reclassified in Section 1 of Ordinance 6188:

A.

As used in these conditions, the term "Tower building" shall mean the existing 6-story structure and the adjacent wings on either side.

B.

There shall be a maximum of 300 hotel rooms in the Tower building, 60 rooms in the Lanai Annex, 20 rooms in the Royce Manor and 27 cottages.

C.

The city of Pasadena shall institute zone change proceedings to reestablish single-family residential zoning districts (RS2 and RS-2HD) if the applicant has not received a building permit within 24 months of the effective date of this PD-15 District. The city of Pasadena shall also institute a zone change to reestablish the RS-2 and RS-2HD zoning if the hotel use ceases on this site. Such initiation of zone change proceedings shall occur within 24 months of the termination of the hotel use.

D.

The project shall consist of:

1.

A Tower building whose exterior appearance and height (as shown in Exhibits 1 through 10 of Ordinance 6188) will replicate the approximately 112-foot-high tower currently located on this site;

2.

A rehabilitation of existing cottages and banquet rooms;

3.

The construction of new parking facilities.

E.

The Tower building shall have a maximum height of approximately 112 feet measured from finished grade to the parapet on the north side of the building. The wings of the hotel on either side of the Tower building shall have a maximum height of approximately 64 feet. These heights are to be in substantial conformance to the heights of the existing Tower building which will be specifically determined in accordance with condition 6. The term "substantial conformance" shall mean that there is not more than a 5% Variance.

F.

The applicant shall provide a Historic Structure Report which will include all of the following:

1.

A complete photo documentation of the existing Tower building and adjacent grounds. These photographs will be used to document the more ethereal aspects of replication such as hue, texture, and natural growth of landscaping;

2.

The items identified in the National Park Service (NPS) Circular No. 28;

3.

A site plan which documents existing building footprints; and

4.

Measured drawings of all existing Tower exterior building elevations prepared in accordance with Historic American Building Survey (H.A.B.S.) standards. The drawings, which may include existing drawings, will document the existing height and massing of the Tower building and landscaping, including grades around the Tower building. The Historic Structure Report, and H.A.B.S. drawings and other as-built drawings shall be commented on by the cultural heritage commission and reviewed by the Planning Commission.

G.

The City shall submit the approved Historic Structure Report and H.A.B.S. drawings to the National Park Service (NPS) Western Regional Office and the State Historic Preservation Officer (SHPO) for review and comment. If the NPS and SHPO do not respond within 30 days of receiving the documents from the city, it shall be presumed that the NPS and SHPO have no comments. Major items of concern for city staff evaluation of the replication which shall be reviewed against the H.A.B.S. drawings and photo documentation include:

1.

Height and configuration of tower observation deck;

2.

Re-creation and placement of all existing exterior features;

3.

Match exterior color and texture of gunite and reuse or match roof tiles;

4.

Maintain the same type of fenestration, including size, material, reveal and location;

5.

Reuse or replicate in the same material, significant interior architectural details and fixtures such as plaster wall sconces and panels, and decorative glass windows that now exist as identified in the Historic Structure Report. The applicant will not be required to restore interior details that do not exist on the date of the approval of PD-15 by the City Council. The following latitudes have been identified in the Final Environmental Impact Report (FEIR) and shall be allowed in this review:

a.

Wings can be five feet wider than the existing wings;

b.

The ground floor may extend an additional twenty-six feet in a curved shape to the south;

c.

Twenty rooms can be created in a semisubterranean floor at the base of the tower around the horseshoe garden; and

d.

New construction attached north of the Tower and relocation of its historic location.

H.

The applicant shall not demolish any historic structures other than those (the Tower building including appendages around the courtyard and Rose Villa) identified in the EIR. Individual demolition permits for structures over 50 years old must be submitted to the cultural heritage commission and shall be reviewed in a timely manner by the cultural heritage commission.

I.

The applicant shall meet all existing building codes on the replicated Tower building and the State Historic Building Code on the other buildings as applicable.

J.

All roof-mounted mechanical equipment shall be screened within the shell of the existing buildings or replicated structure.

K.

The north parking lot shall be redesigned in such a way as to preserve, to the maximum extent feasible, the mature Canary Island pines.

L.

The applicant shall submit a transportation systems management program for approval by the director of public works prior to the issuance of a certificate of occupancy that will at a minimum:

1.

Provide an employee parking plan that will ensure that employees do not park on residential streets surrounding the site;

Encourage use of mass transit by employees;

3.

Promote ride sharing; and

4.

Provide a plan to discourage nonhotel guests from using hotel parking, especially when taking the airport buses.

M.

The applicant shall ensure that the Oak Knoll vehicle entrance shall be designed to minimize light, glare and noise impacts on residences east of Oak Knoll. The entrance shall also be designed to discourage traffic from using Hillcrest Avenue as a route to or from the hotel. Plans for such redesign shall be submitted within 6 months of the effective date of the ordinance establishing PD-15 or earlier to the Planning Commission for approval prior to the issuance of a building permit.

N.

There shall be no overnight parking of buses.

O.

The bus holding area shall be relocated away from the entrance and adjacent to the Annex building. Acoustical barriers shall be contracted to minimize noise impacts on nearby residences. Hours of operation for diesel airport buses shall be restricted from 6:00 a.m. to 10:00 p.m. and shall be subject to review by the Planning Commission. After review and consultation with the Oak Knoll Improvement Association, the plan for managing the bus trips to and from the site shall be submitted to and approved by the Planning Commission prior to the issuance of a certificate of occupancy for the hotel buildings.

P.

The applicant shall submit a complete landscape plan to the design review committee and the Planning Commission for approval prior to the issuance of any building permits. Such plan shall include tree retention and removal plan, an automatic sprinkler system, and the landscaping featured therein shall complement the integrity of the entire project site.

Q.

Except as required in Condition No. 11, the applicant shall replace any mature trees and bushes removed as a result of this project with specimen trees on a one-time basis.

R.

The applicant shall assume financial responsibility for assessing the current condition of sewers serving the site and shall pay for any necessary repairs and/or upgrading (on-site or off-site) required to serve this project. Such assessment and repairs and/or upgrade shall be to the satisfaction of the department of public works. The cost of any additional repairs and/or upgrade beyond those required to service the project shall not be the responsibility of the applicant.

S.

The applicant shall reduce the use of natural gas and electricity to the extent feasible and shall use energy conserving design and materials according to city standards as determined by the city's building official. Should energy conservation methods conflict with replication objectives, the Planning Commission must approve any solutions.

T.

The applicant shall use sound insulation on construction equipment.

U.

The applicant shall reduce construction-related emissions of dust by watering the site at least twice daily and cease dust-producing demolition and grading activity during periods of high winds.

V.

All construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday and no construction activities on Sunday.

W.

Construction activities shall be screened from adjacent land uses with plywood walls as approved by the Zoning Administrator.

X.

The developer shall remove and dispose of all hazardous materials related to the project in conformance with OSHA, EPA and state and municipal requirements.

Y.

The applicant shall submit a construction transportation system management program for approval by the director of public works prior to the issuance of building permit that will at a minimum:

1.

Establish a reasonable route and number of truck trips to be permitted going to and from the site during the demolition and construction phases of the project;

2.

Provide a parking plan for construction-related vehicles that will ensure that they are not parked on the residential streets surrounding the site;

3.

Provide noise equipment on the construction site to monitor the noise level to ensure compliance with existing noise standards. If the developer exceeds noise standards, the project shall be brought immediately into compliance. The noise level during the construction phase shall not exceed the level authorized in the noise ordinance for construction sites; and

4.

The applicant shall identify an additional alternative route, other than the primary route, which can be used by construction vehicles during the demolition and construction phase of the project.

Z.

The applicant shall record a covenant which contains a requirement that it make good faith efforts to employ minorityowned and female-owned businesses as contractors or subcontractors in the construction phase of the project. The applicant shall record a covenant similar to the covenant recorded for PD-10 (Lake/Colorado).

AA.

The applicant (or any other person operating the completed hotel pursuant to a management contract with the applicant) shall enter into an agreement with the city of Pasadena to recruit first from employment development programs in the city of Pasadena. Such agreements shall at a minimum provide that the applicant or the hotel manager shall cooperate with the city to identify the types of job opportunities which will exist in the hotel, assist in the development of training programs for such jobs, and interview graduates of such training programs when job openings exist.

AB.

Within 6 months of the effective date of the ordinance establishing this PD, and prior to the issuance of any building or demolition permits, the applicant shall submit evidence of financial ability to complete the project to the reasonable satisfaction of the city manager. In determining whether the applicant's financial backing is adequate for the successful completion of the project, an independent financial consultant shall be retained by the city to assist the city manager and a subcommittee of the City Council. The city manager shall report to the Planning Commission on his findings, which shall be approved by the Planning Commission and the City Council prior to the issuance of any building or demolition permits.

AC.

Prior to the issuance of any demolition permits on the site, the applicant or the project contractor shall post a completion bond (a bond that the project will be completed in accordance with the terms and conditions of this PD) for all new construction equal to the valuation, as determined by the building and development services administrator. The applicant shall select a bond carrier that has an FAA rating. Such completion bond shall be approved by the City Council.

AD.

The Planning Commission shall review the applicant's progress toward compliance with the conditions of this PD within 6 months of the PD effective date or earlier at the applicant's request. The review of compliance with PD standards shall take place during a legally noticed regular meeting of the Planning Commission. At the time of such review, the Planning Commission shall determine if subsequent reviews are appropriate.

AE.

The hotel shall be constructed and operated as a 4-star luxury hotel. The applicant shall enter into an agreement with a qualified operator of a 4-star luxury hotel prior to the issuance of any building permits on the site. Before such operator is approved as being capable of operating a 4-star luxury hotel, the city shall consult with Laventhol and Horvath, Inc. and Pennel Kerr Foster, Inc. to obtain two expert opinions regarding whether such operator qualifies. Both experts must opine that the operator qualifies.

AF.

Thirteen of the existing cottages may be used for residential dwelling units and may, if approved by the Advisory Agency, be subdivided into separate lots. Only the following structures may be used as residential dwelling units:

1.

Harton Hall;*

2.

Sayre;

3.

Fairview;

Anchorage;*

El Nido;

Valley View;*

Clovelly;*

Howard;

Chanceview;

Mariner;

Spaulding;

Ferncroft; and

Clara Vista.

All cottages shall be limited to single-family residential use, except for those identified with an asterisk, which may contain 2 single-family dwelling units, for a maximum total of 17 units.

The cottages, subject to this PD amendment, shall conform to the building footprints as shown on the site plan dated August 7, 1991, on file with the office of zoning administration.

The lot sizes, if any lots are created, for the cottages shall be within the following ranges:

a.

Minimum lot size = 3,580 square feet

b.

Maximum lot size = 22,960 square feet

3.

The setback requirements for the cottage lots shall be within the following ranges:

a.

Front yard = 0 feet to 48 feet

b.

Side yard = 0 feet to 78 feet

c.

Corner side yard = 21 feet*

d.

Rear yard = 2 feet to 86 feet

• Applicable to Clara Vista only.

4.

One double car covered parking structure shall be provided for each individual lot that is approved, up to a maximum of 17 structures, to serve the off-street parking requirements of the cottages identified above. The parking structures shall not exceed a maximum height of 20 feet, and shall conform to the standards contained in Chapter 17.68 of the Pasadena Municipal Code, except as otherwise shown on the revised parking plan dated November 22, 1991, on file with the office of zoning administration (hereafter "the revised parking plan").

AG.

Commercial uses on the site shall be limited to those reasonably related to hotel uses as determined by the Zoning Administrator. These uses shall include but not be limited to the following:

1.

Retailing of goods and services from the following establishments:

a.

Travel agencies;

b.

Apparel shops;

c.

Bakeries;

d.

Barber shops and beauty shops;

e.

Book stores;

f.

Drug stores;

g.

Florists;

h.

Gift shops;

i.

Greeting card shops;

j.

Stationers.

2.

Business and professional offices integral to the function of the hotel; and/or marketing and property management of the estates of the hotel.

3.

Should the Carriage House (Annex Building, Lot #2, Tract 46388) be sold separate from the hotel property (Lot #1, Tract 46388) the uses allowed within the Carriage House shall remain those established by PD-15. Any change from these established hotel related uses shall require a change in the zoning designation of the Carriage House property.

AH.

Design approval by the planning director shall be required for all exterior rehabilitations, alterations, and minor additions. Design approval by the design commission shall be required for new construction of freestanding buildings and major additions to existing buildings. The planning director shall determine which additions are major for purposes of design review. All design approvals shall comply with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Design review decisions of the planning director may be appealed by the applicant to the design commission. The design commission may not call up for review decisions of the planning director. Design review of interior rooms shall be restricted to the Georgian and Viennese Rooms only and shall be conducted by the design commission.

AI.

The applicant shall provide a minimum of 686 parking spaces. The parking configuration shall conform to the revised parking plan.

1.

The hotel may use tandem parking with an attendant. No more than 35% of the total parking requirement may be achieved through tandem parking. The use of tandem parking and compact parking stalls shall conform to the revised parking plan.

2.

Any parking spaces reserved for use related to the Carriage House must be available for use by all Carriage House retail tenants and visitors, and may not be reserved for the exclusive use of any single tenant or its visitors.

3.

All hotel and commercially-related parking shall be in place prior to the issuance of a final certificate of occupancy for the Ritz-Carlton Huntington Hotel and the Carriage House (Lot #2, Tract 46388). The construction of the covered parking structures shall be phased in accordance with the development and rehabilitation of the individual cottages, so that the required parking is in place for each cottage prior to its conversion to residential use.

AJ.

The Planning Commission shall review the revised parking plan at a duly noticed public hearing one year after the effective date of the ordinance amending this PD-15. The purpose of the review is to evaluate the adequacy of the revised parking plan, with particular emphasis on the impact of parking on surrounding residential neighborhoods.

1.

If the commission finds, on the basis of evidence presented at the hearing, that the parking is inadequate to meet the demand for the PD-15 site, it may recommend amendments to the PD-15 development standards and PD plan as deemed necessary. In addition, if hotel occupancy has initially reached stabilization as defined herein, the commission shall require the imposition of one of the following remedial measures: provision of 1) additional on-site parking spaces up to a maximum of 114 spaces, of which 15% or fewer may be tandem parking, subject to a plan to be approved by the commission; or 2) permanent off-site parking for all nonmanagerial level employees, subject to a parking management plan to be approved by the commission; or 3) a combination of an off-site parking plan and creation of additional on-site parking of fewer than 114 parking spaces. The parking management plan must provide that the use of the off-site parking is mandatory for nonmanagerial hotel employees, and includes an off-site employee check-in system and continuous shuttle service to the hotel. As used herein, "stabilization" means at least 74% hotel room occupancy for a period of twelve consecutive months. In order to verify stabilization, the hotel owner and/or operator shall cooperate with the city and shall supply any data reasonably necessary to determine stabilization.

2.

Evidence that may be considered by the commission in making a finding of inadequate parking may include without limitation the number of parking attendants provided by the hotel; the amount of any charges, including gratuities, for parking on-site; and the efficiency and promptness of the system for vehicle retrieval.

3.

In addition to the one-year parking plan review, and subsequent reviews if deemed appropriate by the Planning Commission, the commission may also conduct such a review, at a duly noticed public hearing as provided above, and may make the finding and impose remedial measures as specified above, at the request of the board of directors of the Oak Knoll improvement association, made in writing and accompanied by evidence to support a finding of inadequate parking. Such a request may be made at any time after hotel occupancy has initially reached stabilization as defined above.

(Ord. 7099, § 55 (2), 2007; Ord. 7022, § 16, 2005)

PD — 16 - Jet Propulsion Laboratory (Employee Parking)

The following development standards shall apply to the property reclassified in Section 1 of Ordinance 6191:

A.

Site B as shown on Exhibit 1 attached hereto and incorporated herein by this reference shall be restricted to the uses permitted or conditionally permitted within the open space zoning designation of the Pasadena Municipal Code (P.M.C. Chapter 17.36). The existing parking lot leased to the Jet Propulsion Laboratory ("JPL") for temporary employee parking

located on Site A as shown in Exhibit 1 shall be permitted to continue as an employee parking lot. All regulations of the open space (OS) zoning district shall apply. In the event of a conflict, the provisions of this PD shall apply.

B.

JPL shall restore and/or landscape the subject properties at the termination of the parking lease. Such restoration or landscape improvements shall be subject to a negotiated agreement between the city and JPL at that time. The cost of such landscaping improvements or restoration shall not exceed a reasonable determination of the cost to restore the property in a condition which existed on the effective date of the ordinance establishing this planned development. In addition, this agreement shall provide for the cost of appropriate landscaping on the immediate eastern and southern perimeter of the JPL property adjacent to the sites.

C.

Aisle and parking stall dimensions shall be in conformance with city standards and shall be approved by the public works department.

D.

Rerouting and surfacing of the equestrian trail shall be the responsibility of JPL and shall be agreed upon by a representative group of equestrian interests in the area and JPL. The temporary parking use shall be designed so as not to interfere with existing recreational activities, specifically the continuous access along the equestrian trail and safe and convenient crossing for horses where the trail meets the parking lot egress and ingress easement.

E.

Mitigation measures shall be taken to ensure that erosion on and surrounding the site will not increase. Plans for such mitigation measures, including drainage facilities and landscaping, shall be submitted to the city for approval prior to the issuance of any grading permits on the site. Any erosion damage which may occur to the equestrian trail as a result of the proposed alteration to provide for parking shall be repaired by JPL.

F.

The proposed improvements (landscaping, equestrian trail, maintenance and access) shall be reviewed and a status report prepared and presented to the Planning Commission by the planning staff 30 to 60 days after approval by the City Council and again one year later.

G.

JPL shall use these lots for employee parking only. If the lots are not being so utilized, their reversion back to open space use may be instituted as described in condition B above.

PD — 17 - Rose Townhomes

The following development standards shall apply to the property reclassified in Section 1 of Ordinance 6228:

A.

The site shall be limited to residential uses and other accessory uses related to residential uses as determined by the Zoning Administrator.

B.

The project density shall not exceed 184 units nor 12.9 dwelling units per net acre.

C.

The lots fronting on Rose Avenue or Woodlyn Road shall be at least 5,000 square feet in area.

D.

All other lots in the project shall be at least 2,393 square feet in area.

E.

Lot coverage on lots fronting Rose Avenue or Woodlyn Road shall be limited to a maximum of 40% of the total lot area.

F.

Lot coverage on all other lots in the project shall be limited to a maximum of 50% of the total lot area.

G.

The front yard for lots fronting Rose Avenue or Woodlyn Road shall be a minimum of 20 feet in depth.

H.

The front yard for all other lots in the project shall be a minimum of 10 feet in depth; and when garages open to the street, the front yard shall be a minimum of 18 feet in depth (measurement is to be taken from the rear of the carriage walk or sidewalk to the garage door or wall plane facing the street, as shown on Exhibit C), entitled Site Plan, dated September 23, 1987 (hereinafter, Exhibit C).

I.

Lots fronting Rose Avenue or Woodlyn Road shall have a "0" side yard along one side lot line, and a 10-foot minimum side yard along the other side lot line. All other lots shall have a "0" side yard along one side lot line and a 5-foot minimum side yard along the other side lot line, provided that in no event there be less than 10 feet between the adjoining residences.

J.

There shall be a minimum 10-foot setback along any side yard abutting a street. This requirement applies to all corner lots in the project.

K.

There shall be a minimum 25-foot rear yard on lots fronting on Rose Avenue or Woodlyn Road. There shall be a minimum 15-foot rear yard on lots fronting on Washington Boulevard. On all other lots, there shall be a minimum 10-foot rear yard.

L.

No building in the boundaries of this planned development shall exceed two stories or 24 feet in height. The wall along Washington Boulevard shall not exceed 6 feet in height; provided, however, that in the area impacted by drivers' line of sight considerations the wall shall not exceed 4 feet in height. The impacted area extends from the northerly boundary of the southerly driveway into the planned development from Washington Boulevard to a point 350 feet north along the Washington Boulevard frontage. Both height measurements shall be made from the finished grade.

M.

The applicant shall submit a landscaping plan for review and approval by the Zoning Administrator and the design review committee; such approval must be obtained prior to the issuance of any grading permits. This plan shall include:

1.

Tree retention and removal. Special effort should be given to preserving existing mature trees on the site. If retention of the clump of three oaks at the entrance of the project (as shown on Tree Inventory Plan I kept in the zone change file) is not feasible, the applicant shall replace it with a 48-inch box tree (Oak) in the common recreation area as shown on Exhibit C.

2.

(1) 36-inch box tree shall be planted in the front yard of each interior lot.

3.

(2) 36-inch box trees shall be planted in the front yard or side yard of each corner lot.

4.

Automatic irrigation systems shall be installed on all front yards, side yards adjacent to the street, in the common recreation area, and in the area next to the wall on Washington Boulevard as shown on site plan, Exhibit C of Ordinance 6228.

5.

The outer perimeter of the wall along Washington Boulevard and along the Pasadena High School property line shall have vines (e.g., creeping fig) growing on them to deter graffiti and to soften their appearance. In addition, 15-gallon trees shall be planted along the wall on Washington Boulevard at intervals of 52 feet approximately in the area shown on the revised site plan (Exhibit C of Ordinance 6228) where a minimum 5-foot setback is provided.

6.

Street trees along Washington Boulevard, Woodlyn Road and Rose Avenue shall be in accordance with Public Works Department requirements.

7.

A landscaping treatment shall be developed to break up the large areas of concrete on the driveways of lots 29 and 30.

N.

The applicant shall submit a parking plan for review and approval by the Zoning Administrator prior to issuance of any building permits. Said plan shall include:

1.

All driveways shall be paved with concrete;

2.

Automatic garage door openers shall be provided for each unit;

3.

The developer shall implement the sight distance improvement measures (striping plan on Washington Boulevard) recommended in the EIR (page IV-36);

4.

Use of the emergency driveway on Rose Avenue for any purpose other than emergencies shall be limited to the date of the Rose Parade only and the 3 days immediately following the Rose Parade. Access through this driveway shall be

controlled with a locked gate approved by the Fire Department;

5.

Fire Prevention Bureau approval of posting and general fire flow for the site so that all required fire prevention measures are included (This requires specific posting of no parking on one side of each driveway);

6.

If a left-hand turn aisle on Washington Boulevard (at the entrance of the project) is deemed necessary by the public works department, the applicant shall coordinate with this department for any required street improvements.

O.

The applicant shall submit a street lighting plan for approval by the design review committee prior to the issuance of any grading permits. Said plan shall include:

1.

All outdoor illumination for the completed project shall be positioned such that it will not spill over onto surrounding residential properties.

2.

Street lights shall be installed along the driveways within the interior of the project as required by the Pasadena Police Department for crime prevention. The type of street lighting fixtures shall be determined by the design review committee.

3.

Street lighting along Rose Avenue, Woodlyn Road and Washington Boulevard shall be installed in accordance with the requirements of Public Works Department. The type of lighting fixtures shall be determined by the design review committee.

P.

Because the noise level from traffic on Washington Boulevard exceeds 60 db Ldn on the property, the applicant must submit a sound insulation study verifying that the construction materials and techniques proposed will provide interior noise levels in accordance with state standards. This sound insulation study should be based on estimated future traffic volumes on Washington Boulevard which may be obtained from the department of public works. If the wall referred to in condition L is built for noise attenuation, only second story rooms and units adjacent to entry and exit driveways will require special sound insulation in construction.

Q.

All construction activity (including the starting of equipment and machinery and trucks idling on Washington Boulevard) shall be restricted to the hours of 7:30 a.m. to 5:30 p.m., Monday through Friday and from 8:00 a.m. to 1:00 p.m. on Saturdays. No construction shall be conducted on Sundays. [PRIOR TO COMMENCING ANY CONSTRUCTION ACTIVITY, THE DEVELOPER SHALL POST AND MAINTAIN A SIGN STATING THE WORKING-HOURS RESTRICTIONS. (THE SIZE AND LETTERING USED IN SUCH SIGNS SHALL BE APPROVED BY THE ZONING ENFORCEMENT SUPERVISOR.) THE SIGNS SHALL BE POSTED AT THE MAIN ACCESS POINTS FOR CONSTRUCTION PURPOSES, AND AT THE CONSTRUCTION TRAILER. ALSO, THE DEVELOPER SHALL HIRE A SECURITY SERVICE THAT WILL BE ALSO RESPONSIBLE FOR ENFORCING THE WORKING HOURS RESTRICTIONS DURING CONSTRUCTION AND SHALL INCLUDE IN THE CONTRACT WITH ANY SUB-CONTRACTOR A PROVISION STIPULATING THE WORKING HOURS RESTRICTION.]

R.

Construction activities shall be screened from adjacent land uses with additional temporary, solid fencing, eight feet in height, on the west, north and south boundaries of the property.

S.

The on-site project/site manager during construction shall have equipment to monitor noise levels to ensure compliance with the noise ordinance.

T.

The applicant shall prepare a Construction Transportation System Management Plan to be reviewed and approved by the Public Works Department prior to the issuance of any grading permits. The plan shall include:

1.

A description of the route(s), alternate route(s) and number of truck trips to and from the site during construction;

2.

A parking plan for the construction-related and employee vehicles which must contain a prohibition against parking on residential streets.

3.

Employee and construction vehicles shall enter and leave the interior of the job site from Washington Boulevard only and shall enter and leave the Rose Avenue and Woodlyn Road portions of the job site from the intersection of Woodlyn Road and Washington Boulevard only.

U.

Prior to the issuance of any grading permits, the applicant shall eradicate the gopher population on-site using either poison bait or aluminum phosphide.

V.

The applicant shall reduce construction-related emissions of dust by watering the site at least twice daily and cease dust producing grading activity during periods of high winds.

W.

The PD plan shall be subject to design review committee review and approval as specified by the Zoning Code (Chapter 17.92). The following shall be considered during the review:

1.

The frontage of residences along Rose Avenue and Woodlyn Road shall show a variety in building design. The units fronting these streets shall be particularly different in "massing and composition", not just in finish material. Also, placement and orientation of garages shall be carefully considered.

2.

Seventy-four units shall feature the "shared driveway" concept or have garages facing different streets.

3.

The design and treatment of the wall along Washington Boulevard shall be architecturally compatible with the buildings in the project. Special attention should be given to the articulation and materials and finish of the walls and fences.

4.

Buildings fronting Rose Avenue or Woodlyn Road shall have an overall design that achieves compatibility with the scale and massing of the existing residential neighborhood.

X.

There shall be a total of three different building elevations on the single family detached units on Rose Avenue or Woodlyn Avenue, each showing different massing and rooflines.

Y.

Prior to the issuance of any building permits, the developer shall record a covenant (this covenant shall be part of the unit's sale contract), approved by the city attorney's office, to ensure the following:

1.

All lots with buildings covering 50% of the lot area will not be permitted to increase the present lot coverage, except with a structure that is unenclosed and with roofs 50% or more open.

2.

All units, except those fronting on Rose Avenue or Woodlyn Road shall have a homeowners' maintenance association responsible for maintenance of the masonry wall on the east and south side of the property, all common areas including the recreation area, the landscaped strip along Washington Boulevard, and the private driveways and related improvements such as carriage walks, gutters, sewers, lights, and required posting for fire flow purposes. Prior to the issuance of any building permits, the exact list of items which must be maintained by the homeowners' association shall be submitted to the Zoning Administrator for his review and approval.

3.

The developer shall make a good faith effort to employ minority-owned and female-owned businesses as contractors or subcontractors in the construction phase of the project. The applicant shall record a covenant similar to the covenant recorded for PD-10 (Lake/Colorado).

4.

The homeowners' association shall hire a private security service to provide adequate patrolling service to all residences in the interior of the project. Such security service shall also be responsible for enforcing the parking restrictions in condition N-4.

5.

The homeowners' association conditions, covenants and restrictions (CC&R's) shall include a provision, to the satisfaction of the city attorney's office, allowing access to licensed peace officers and law enforcement officials for routine patrol of the areas within the project.

6.

The homeowners' association CC&R's shall contain provisions satisfactory to the Risk Manager and the city attorney's office assuming liability for the driveways and their maintenance, and agree to indemnify the city of Pasadena and its employees and officers against personal injury including death, property damage or other liability arising out of the use of

the land, and maintaining insurance or reserves in such amounts and in such type at the sole discretion of the risk manager.

7.

The homeowners' association CC&R's shall contain a provision to prohibit use of the "emergency driveway" as a regular means of ingress or egress to and from the property at any future time.

Z.

The applicant shall file a tract map to subdivide the property within 120 days from approval of this application by the Planning Commission. If the map is approved, he shall diligently pursue said map to recordation.

AA.

The applicant shall file a request to vacate the easterly 15 feet along portion of Rose Avenue with the public works department prior to approval of the subdivision map application.

AB.

The recommendations made in Pages 6 to 10 of the Soils and Engineering report by Geo Soils, Inc., included in the EIR, shall be incorporated into the grading, design and construction considerations on the site.

AC.

Energy efficient building materials and heating and cooling systems to reduce natural gas and electricity consumption shall be used in the project.

AD.

A location map at the entrance of the project and roof top addresses shall be provided, as required by the Pasadena Fire and Police Departments, for easy identification of the units within the development.

AE.

At each entrance, a sign shall be posted and maintained stating that the street is a private drive and not owned or maintained by the city of Pasadena. (The language and size of lettering used in such sign shall be approved by the city attorney's office.)

AF.

The street improvements required by the public works department along the east side of Rose Avenue shall extend further south to join the existing street improvements at the intersection of Rose Avenue and Cooley Place per revised conditions #4 and #12 of Parcel Map #17275.

AG.

The construction shall be in phases with the first phase being the single-family residences on Rose Avenue and Woodlyn Road. During the phased construction of the project, undeveloped portions of the site shall be maintained nuisance free and in accordance with Building Code requirements for sites under construction (Pasadena Administrative Code, Title 14.03, Section 104 (e)).

AH.

Within one year of the final discretionary approval required for this development, an assessment district shall be considered for street improvement on Woodlyn Road. The city traffic engineer shall determine the boundaries, and based

on those boundaries, the developer shall pay his prorata share based on the assessed valuation of benefits within that area of benefit.

AI.

The developer shall dedicate additional land for park purposes and/or pay a park fee according to the following formula:

The maximum acreage dedication required per Quimby Act = 1.369 ac.

Approximate area in revised plan credited as park land = .688 ac. Additional area to be provided = .681 ac.

Furthermore, if provision of additional park land entails reconfiguration of the site plan, the plan shall be subject to review by all city departments. In the calculation of the amount of land or fee, the applicant shall be credited with the amount of open space currently devoted to the common recreation areas. Such fee shall be paid prior to recordation of the final map.

AJ.

All drainage from the proposed development shall be conveyed in a new storm drain system to be designed and constructed by the developer. Said drainage system shall be below ground, and shall pick up the existing drainage on Rose Avenue. The size and alignment, including any need to upgrade existing systems adjacent to the site shall be approved by the public works and transportation and shall conform to LACFCD standards. All approvals shall be made prior to issuance of any grading or building permits for this site.

(Ord. 7099, § 55 (3), 2007)

PD — 18 - Colorado/El Nido

The following development standards apply to the property reclassified in Section 2 of Ordinance 6212:

A.

The gross floor area leased to take-out restaurants and bars or taverns shall not exceed 4,800 square feet. The sum of the gross floor area for restaurants, take-out restaurants and bars or taverns in the entire project shall not exceed 15,100 square feet. No restaurant or take-out restaurant with a drive-thru business shall be permitted.

B.

There shall be a maximum lot coverage of 25 percent.

C.

No building shall exceed 36 feet in height or 3 stories except for architectural features containing no leasable space.

D.

A minimum of 198 parking spaces shall be provided on the site.

E.

Building setbacks shall be provided in accordance with Exhibit C entitled "Site Plan" dated July 23, 1987. The setback of the Building "B" wall facing El Nido Avenue shall be a minimum of 15 feet for the southernmost 80 feet of the building, and the remainder of the Building "B" shall be set back a minimum of 6 feet from the property line.

F.

Building "A" at the southeast corner of Colorado Boulevard and El Nido Avenue shown on Exhibit C entitled "Site Plan" shall not be demolished. It shall be retained on the site in its current location. Plans for the restoration and renovation of such building shall be submitted to the cultural heritage commission. Approval of such plans must be obtained prior to the issuance of any building permits.

G.

The entire project including Building "A" shall be subject to review and approval by the design review committee prior to issuance of any building permit. Specific attention shall be given to the doors along El Nido frontage. All doors retained shall be used as emergency exit doors only, not service doors.

H.

A master sign plan shall be submitted for review and approval by the Zoning Administrator and by the design review committee, prior to issuance of any building permits.

I.

Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. The plan shall adequately buffer the project from the adjoining residential area and screen the parking from view from the public right-of-way. In addition, the plan shall include drought-resistant plant materials and low-volume irrigation where feasible.

J.

All other land use regulations, additional land use regulations, development standards, and additional development standards shall be in accordance with the CG (General Commercial) District regulations.

K.

All project lighting (including lighting in parking lots) shall be designed to direct glare away from adjacent properties and to conform to Pasadena Municipal Code Section 17.68.160.

L.

Refuse storage areas shall be integrated with the overall design of the project and shall be located so that they are not visible from the public right-of-way. Such storage must specifically comply with Ordinance No. 6211.

PD — 21 - Montgomery Engineering

A.

The following development standards apply to the property known as 270-280 North Madison Avenue:

1.

The land use allowed in this area is multi-family residential and accessory uses reasonably related to the permitted use as determined by the zoning administrator.

2.

The maximum number of dwelling units shall be 48 residential units.

3.

The building height of the residential development shall not exceed 60 feet measured from the existing grade to the highest point of roof.

4.

The yards shall be in conformance with the attached site plan exhibited at the city council hearing on April 23, 2001.

a.

North side: 15 feet

b.

South side: 15 feet

c.

East side: 15 feet, except at the southeast corner of the building where a 30-foot yard is provided for a length of approximately 47 feet.

d.

West side: 20 feet to the front building face, 10 feet to the patio and 5 feet to the lowest portion of the front stairway.

A landscape planter or strip of 5 feet in depth at the perimeter of the multi-family residential project shall be provided on the north, south and east side within the required yards. Landscape garden walls shall be limited to a maximum height of 2 feet. Any existing trees on the project site shall be maintained.

5.

The project shall comply with the RM Urban Standards of the Pasadena Municipal Code, except as specified herein. Further, the project shall comply with the requirements for design review in Chapter 17.26.

6.

All mechanical equipment shall be screened in accordance with Section 17.64.230.

7.

Affordable housing shall be provided as required by Title 17 of the Pasadena Municipal Code in effect when building permits are issued for this project.

8.

A solid masonry or concrete wall shall be provided at the common property line of 250 and 250 and 280 North Madison Avenue that separates surface parking from the proposed multifamily residential. Perimeter wall heights shall comply with the RM Urban Standards of Pasadena Municipal Code.

9.

Parking shall conform to the requirements of Chapter 17.68 of the Pasadena Municipal Code and to the requirements of the Public Works and Transportation Department, except as specified herein. A maximum of 16 standard size tandem parking spaces shall be permitted for the residential project. Tandem parking spaces shall be designated to the same unit. All parking spaces shall be double-striped and with wheel stops.

10.

The parking, trash enclosure, and loading areas shall conform to the requirements of the zoning ordinance and a plan showing all pertinent dimensions for these areas shall be submitted to the public works and transportation department for review and approval prior to the issuance of a building permit.

11.

If gates are planned for the entrance to the parking area, the gates are required to be set in at least 20 feet from the property line so that vehicles will not block the sidewalk.

12.

A landscape plan shall be submitted for review and approval by the zoning administrator and the design review commission prior to the issuance of building permits. This plan shall use a water-saving irrigation system and droughttolerant plants wherever possible.

13.

The developer shall file a tentative map for the creation of 48 air parcels and 1 land parcel within 6 months of a building permit, but prior to receiving a certificate of occupancy.

14.

The developer is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer registered in the State of California. Upon submission of the plans to the public works and transportation department for checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted and will be based upon the estimated cost to the department for the work.

15.

In order to improve pedestrian and traffic safety, the developer shall install a maximum of 1 new street light on or near the frontage of the property at 270-280 North Madison Avenue, including conduits, conductors, electrical services, pull boxes and miscellaneous appurtenant work. The type and hardware shall conform to current policies approved by the city council, and the locations shall be approved by the public works and transportation department.

16.

The developer shall repair all damaged curb, gutter and sidewalk along the subject frontage. The developer shall close all unused drive approaches with standard curb, gutter and sidewalk. Madison Avenue was resurfaced in 1999, therefore; if any excavation is done on the street, the applicant shall restore a wider pavement area.

17.

A deposit of up to $10,000 will be required to be submitted to the public works and transportation department prior to the start of construction or the issuance of a building permit to protect the abutting street improvements and to assure a clean and safe work site.

18.

The developer shall submit a grading and drainage plan for review indicating the quantity of storm water runoff and how it will be handled prior to the issuance of a building permit. If the proposed improvement drains to the driveway, the developer shall construct a grate drain in the driveways at the back of the sidewalk. The drain shall discharge to the street in an approved curb outlet.

19.

If the developer removes or damages any existing street trees, the developer shall replace the street trees(s) by placing a deposit in an amount determined by the public works director for the city to plant the new tree(s). The developer shall

also pay fair market value for the replacement cost for all existing trees removed. The type and location of the new trees shall be approved by the public works and transportation department. In the event additional space is available for street trees, the developer will be required to place a deposit for the city to plant the street tree(s).

20.

Prior to the start of construction or the issuance of any permits, the developer shall submit a construction staging plan or plans to the public works and transportation department for review and approval after the developer meets with the public works and transportation department permit inspector to discuss all construction staging affecting the public right-of-way.

21.

The applicant shall remove and dispose of all hazardous materials related to the construction of 270-280 North Madison Avenue in conformance with OSHA, EPA, state and municipal requirements.

22.

The use of natural gas and electricity shall be reduced by using energy conserving design materials, to the satisfaction of the city's building official

23.

Restrict all noise intensive construction activity to daytime working hours in accordance with the city noise ordinance.

24.

Provide noise equipment on the construction site to monitor the noise level to ensure compliance with the city noise ordinance. If the noise standards are exceeded, the project shall be brought immediately into compliance. The noise level during the construction phase shall not exceed the level authorized in the noise ordinance for construction sites.

25.

The project shall comply with any conditions adopted as part of any required approval as well as the code requirements from other city departments, including the fire department.

B.

The following development standards apply to the property known as 250 North Madison Avenue:

1.

The permitted land use at 250 North Madison Avenue is administrative offices with ancillary classroom space related to the college/university use, surface parking and loading area.

2.

A commuter matching service for all employees shall be provided on an annual basis and for all new employees upon hiring.

3.

A transportation systems management (TSM) program is required for 250 North Madison Avenue and shall be submitted to the director of public works and transportation department as determined by their requirements and thereafter shall be reviewed and approved annually. The TSM (transportation systems management) program shall include:

a.

A minimum of 10% of the employee parking spaces shall be reserved for and designated as preferential parking for carpool and vanpool vehicles. Such 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 practical to the employee entrance.

b.

Bicycle parking shall be provided on site. In addition, the bicycle parking shall be located near the employee entrance and shall be conveniently accessible from the external circulation system.

c.

A transportation information display, such as a bulletin board, display case or kiosk, shall be located on the development site, situated so as to be seen by the greatest number of employees. Information displayed shall include without limitation current maps, routes and schedules for public transit routes serving the development; telephone number of referrals for transportation information including the numbers for the regional ridesharing agency and local transit operators; ridesharing promotional materials; bicycle routes and facility information; and listing on facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the development.

1.

No construction shall be permitted that results in the injury or removal of a landmark, native, or specimen tree as defined under Chapter 8.52 unless findings are made pursuant to Chapter 8.52.

2.

he creation of a flag-lot subdivision shall not be permitted.

3.

A minimum of 68 parking spaces shall be provided in accordance with the parking standards in Section 17.46.020 of the zoning ordinance.

4.

The following development standards shall apply to signage on the subject property:

a.

One, two-sided monument sign shall be permitted to be placed on El Molino Avenue with a maximum height of five (5) feet and maximum of 40 square feet of sign area.

b.

A maximum of two (2), wall-mounted signs with a maximum total area of 40 square feet shall be permitted on the Madison Avenue façade of the building. One sign with indirect illumination is permitted.

c.

A maximum of two (2), wall-mounted signs with a maximum total area of 40 square feet shall be permitted on the El Molino Avenue façade of the building. One sign with indirect illumination is permitted.

(Ord. 7002 § 2, 2005)

PD — 22 - Lincoln Triangle Townhouse

The following land use regulations and development standards shall apply in PD-22—Lincoln Triangle.

A.

Land Use. The following residential land uses are permitted: adult day care, limited; multifamily; residential care, limited; and family day care home: limited. The following commercial use is conditionally permitted: commercial filming. The following accessory uses are permitted: home occupation; and other accessory uses reasonably related to the permitted uses as determined by the Zoning Administrator. The following temporary uses are permitted: commercial filming, limited; personal property sales; street fairs; and tents.

B.

Maximum Number of Units. There shall be a maximum of 29 residential units.

C.

Design Review. The project design, including but not limited to landscaping and lighting plans, shall be subject to design commission review and approval according to Chapter 17.92.

D.

Development Standards. The following development standards shall apply:

1.

The maximum lot coverage shall be 22 percent for the entire project site with balconies and covered porches excluded from the lot coverage calculation.

2.

There shall be a minimum yard requirement of 20 feet from Cypress Avenue and Orange Grove Boulevard.

3.

Automatic irrigation systems shall be installed throughout all landscaped areas. Landscaping shall be installed in play areas and in the areas surrounding the units. At least one 24 inch box tree shall be planted for each unit in the project. The trees shall be dispersed throughout the project site. Locked gates shall be installed at both entrances subject to Police and Fire Department approval.

4.

All driveways shall be paved in concrete. Automatic garage door openers shall be provided for all garage doors located within 15 feet of the private drive. There shall be 11 guest parking spaces provided on the project site. The private drive at Orange Grove Boulevard shall be restricted to right turn-in and right turn-out only. The design of this entrance shall be approved by the director of public works and transportation. Both the Orange Grove Boulevard and Cypress Avenue entrances to the private drive shall be standard drive approaches. A wall along the western property line shall not exceed 10 feet in height. Walls or fences on the remainder of the site shall not exceed 6 feet in height except that a 7 foot high gate may be located at the Orange Grove Boulevard entry.

5.

The project shall comply with conditions contained within the January 5, 1989 memo from the Public Works and Transportation Department concerning the street vacation incorporated herein into this planned development by reference.

Noise levels are to be mitigated to a 65 community noise equivalent level (CNEL) exterior noise level and 45 CNEL interior noise levels.

7.

All construction activity shall be restricted to the hours of 7 a.m. to 7 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday. The applicant shall provide a Construction Transportation System Management Plan to be reviewed by the Public Works and Transportation Department prior to issuance of a grading permit. The plan shall include the following:

a.

A description of the routes and alternative routes and number of truck trips to and from the site during construction.

b.

A parking plan for the construction related and employee vehicles.

8.

Prior to the issuance of building permits, the applicant shall have approved by the City Attorney's office the covenants, conditions and restrictions (CCRs) for the project.

9.

The development shall have a homeowners' association responsible for the maintenance of the project walls and fences, all landscaped areas and the private internal street.

10.

The applicant shall file a tract map within 180 days of approval of this application by the commission. If the map is approved, the applicant shall diligently pursue its recordation.

11.

The applicant shall comply with the conditions contained within the December 11, 1989 letter from the Fire Department concerning street vacation and incorporated herein by reference into this PD.

12.

The applicant shall comply with the affirmative action requirements contained in the Disposition and Development agreement.

PD — 23 - Salvation Army

The following development standards shall apply to the property reclassified as PD — 23:

A.

The subject property shall be developed in conformance with the site plan hereto on file with the office of the Zoning Administrator as Exhibit 1 and incorporated herein by this reference. The site shall be limited to residential uses and other accessory uses as determined by the Zoning Administrator.

B.

A maximum of 75-units shall be provided for very low income senior citizens as defined in Pasadena Municipal Code Section 17.12.129 and handicapped senior citizens. The applicant or successor in interest shall submit a covenant in

recordable form approved by the City Attorney's office to ensure that these units are made available to very low income senior citizens for thirty (30) years.

C.

Along the Catalina Avenue frontage, a minimum 15-foot front yard shall be established. A minimum side yard of 17 feet shall be provided adjacent to the northern property line of the northernmost lot which was classified RM-48 PK (Multifamily Residential 48 d.u./net acre with Parking Overlay) prior to the passage of this ordinance.

D.

The new building shall have a maximum height of two (2) stories or 24 feet within 55 feet of the Union Street frontage. At a point 55 feet from the Union Street frontage, the new building shall have a maximum height of four (4) stories or 45 feet (to match the height of the existing gymnasium building currently on the property). The total square footage shall not exceed 70,000 net square feet.

E.

Vehicular access to the new parking lot shall be provided solely from Union Street. A minimum of 41 parking spaces shall be provided for the residents on-site and all spaces shall be clearly marked and designated for residents and visitors to the apartment complex. No covered parking shall be required.

F.

A block wall with a maximum height of 6 feet shall be constructed on the northern property line of the northernmost lot which was classified RM-48 PK prior to the passage of this ordinance. The height of said wall shall not exceed 42 inches within 15 feet of Catalina Avenue. A block wall with a maximum height of 42 inches shall also be constructed on the Union Street frontage.

G.

The building frontages on Catalina Avenue shall remain open with no solid walls blocking views into the property. A front door shall be installed on Catalina Avenue to allow for pedestrian ingress and egress.

H.

The applicant or successor in interest shall offer the existing structures located at 147 and 153 North Catalina Avenue (that were determined to be structures of merit by the Cultural Heritage Commission) for relocation to another site. The applicant or successor in interest shall also advertise the availability of the buildings for relocation in a newspaper of widespread local or regional circulation for six (6) weeks; and shall make a concerted effort to find a recipient so that the structures are preserved on another site. If the buildings cannot be relocated, the applicant or successor in interest shall photo-document the buildings according to the requirements of Pasadena Municipal Code Section 2.75.210(D) (2).

I.

The applicant or successor in interest shall file an application for a preliminary parcel map to consolidate the existing lots within six months of the issuance of building permits, but prior to receiving a Certificate of Occupancy. The final parcel map shall be recorded within one year of the issuance of the Certificate of Occupancy.

J.

The applicant or successor in interest shall comply with all conditions and requirements imposed by the Public Works and Transportation Department dated May 12, 1992, attached hereto as Exhibit C and incorporated herein by this reference, including requirements pertaining to installation and maintenance of street trees, installation of sewer and

drainage systems, street lights, preparation of plans and specifications for public improvements, site maintenance, and construction staging plans, including the payment of deposits for these purposes.

K.

The applicant or successor in interest shall comply with all conditions and requirements of the Department of Water and Power dated May 12, 1992 and attached hereto as Exhibit D and incorporated herein by this reference, including requirements pertaining to installation of water supply lines, and backflow devices.

L.

The applicant or successor in interest shall comply with requirements of all City departments.

M.

The new construction built pursuant to this ordinance need not comply with the requirements of Pasadena Municipal Code Chapter 17.24 (RM - Multi-family Residential Districts), commonly referred to as City of Gardens. Except as expressly provided herein, the new construction shall comply with Pasadena Municipal Code Chapter 17.26 RM-48 Urban Residential standards.

N.

In cases of conflict between the provisions of this Planned Development ordinance and the provisions of Title 17, this ordinance shall control.

(Ord. 7009, § 32, 2005)

PD — 24 - South Lake Avenue Development

A.

Land Use. All of the land use regulations and additional use regulations of CD-5, Area 2 Subarea B District that are not inconsistent with this planned development shall apply. In cases of conflict, this ordinance shall prevail.

1.

Permitted Uses. The following land uses shall be permitted: any use permitted in CD-5, Area 2, subarea B, but cinemas will be prohibited. No Conditional Use Permit shall be required for a project over 25,000 square feet that is consistent with the approved plans for this PD.

2.

Conditionally Permitted Uses. The following land uses shall be conditionally permitted: and conditionally permitted use (including the sale of alcohol) in CD-5 Area 2, subarea B including commercial entertainment (except cinemas which are prohibited).

B.

Development Standards. All of the development standards and additional development standards of the CD-5, Area 2, subarea B district that are not inconsistent with this planned development shall apply. In cases of conflict, this planned development shall prevail.

1.

New Construction. New construction shall substantially conform to the site plan entitled, "Illustrative Site Plan: South Lake Avenue Retail Development Project," dated March 2, 1998 attached hereto as Exhibit 4 and incorporated by

reference.

2.

Floor Area. New construction shall not exceed 150,216 square feet of gross floor area (excluding outdoor dining) and shall substantially conform to the "Illustrative Site Plan: South Lake Avenue Retail Development Project." In addition, a minimum of 1,197 parking spaces shall be provided in accordance with the approved shared parking analysis for the project. The new construction shall be in compliance with the approved share parking analysis for the project and with the Final Environmental Impact Report trip generation totals (AM and PM peaks, and average daily trips) as determined by the City's Zoning Administrator and transportation administrator. Restaurant uses shall not exceed 27,000 square feet.

3.

Height. The total height of each of the buildings shall be as follows:

a.

Building A as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not exceed 50 feet in height.

b.

Building B as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not exceed 48 feet in height.

c.

The buildings marked as C (boutiques) as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not designed as low as possible. The building parapet height at its northern end shall not exceed the existing parapet height of the terrace/walkway wall, and the roof elevation of the boutiques shall be no higher than the walkway. It is understood that to accommodate this requirement, no pedestrian rooftop access will be provided on the new building. It is also understood that the actual height of Building C will vary as it continues south from its northernmost point. Mechanical equipment will be concealed from view and project above the roof level.

d.

Appurtenances may exceed the height limit per subsection (I) of Table 17.33.080 except, that no appurtenances are allowed on Building C.

e.

Each of the three kiosks shall not exceed 200 square feet. The principal kiosk structures will be "counter height" and no taller than 54 inches or four and one half feet from ground level. Displayed merchandise will be at or below such counter height. Any weather protection or "roof" structures will be as minimal as possible, will be easily removable, and will be designed to minimize any obstruction of views of the Macy's building. The kiosks shall not be used for the sale of T- shirts, discount novelty items or cigarettes. The location of the kiosks shall be generally as shown on the Illustrative Site Plan.

4.

Yards. The yards for the site shall be as follows:

a.

The corner yard along Hudson Avenue shall be a minimum of 7 feet and a maximum of 10 feet.

b.

The front yard along East Del Mar Boulevard shall be 0 feet except that the parking structure shall have a yard of 10 feet.

c.

The corner yard along South Lake Avenue may be a maximum of 5 feet.

5.

Floor-Area-Ratio. The maximum floor area ratio for the site shall be 1.2 to 1 (excluding the building at 475 S. Lake Avenue).

6.

Design Review. New construction and alterations to existing structures and to the site shall be submitted to the Design Commission or to the planning director for review and approval in accordance with the procedures and design review thresholds in Chapter 17.92 that apply to the CD-5 sub-district.

7.

Public Art. New construction shall meet the Public Art Design Standard of Chapter 17.78.

8.

Parking. The proposed new construction shall comply with the following:

a.

There shall be a minimum of 1,197 parking spaces located on the site of the development and the surface lot at 950 San Pasqual Street. The amount of new compact spaces provided shall be in accordance with 17.68.100.

b.

A parking structure at the southeast corner of East Del Mar Boulevard and South Hudson Avenue shall be permitted in accordance with the site plan entitled, "Illustrative Site Plan: South Lake Avenue Retail Development Project."

c.

A shared parking arrangement is permitted without a minor Conditional Use Permit.

d.

The parking lot at 950 San Pasqual Street shall meet the current adopted CD-5 parking landscape requirements to the extent that such landscaping will not reduce the amount of parking presently provided. A landscape and irrigation plan shall be reviewed and approved by the Zoning Administrator prior to issuance of a building permit for new construction under this PD. The landscaping improvements shall be installed prior to the final Certificate of Occupancy for the new construction.

e.

New parking and loading areas shall conform to the requirements of the Zoning Code and shall be reviewed by the director of Public Works and Transportation Department prior to issuance of a building permit for new construction.

9.

Additional Requirements. The applicant or successor in interest shall meet the requirements of the Public Works and Transportation Department set forth in the revised memo titled South Lake - Forest City Development Revised Conditions Environmental Impact Report and Planned Development dated, February 6, 1998.

10.

Mitigation Measures. The applicant or successor in interest shall meet all mitigation measures identified in the Final approved Mitigation Monitoring Program and will participate in an on-going mitigation monitoring program to ensure the appropriate implementation of the mitigation measures and conditions of approval.

PD — 25 - Vista Del Arroyo Bungalows

A.

The land use regulations and additional use regulations of the RM 16-1 zoning district as contained in Chapter 17.24, that are not inconsistent with this Planned Development shall apply. In cases of conflict, this Planned Development shall prevail.

B.

The following land uses shall be permitted: multifamily residential; family day care home: small; family day care home: large; adult day care, limited; home occupations [subject to Chapter 17.64.080 (home occupations)]; personal property sales; utilities, minor; filming, short-term, and; accessory uses.

C.

The following land use shall be conditionally permitted: filming, long-term. The following land use shall be permitted with a Temporary Conditional Use Permit except as permitted under Chapter 17.24: tents.

D.

No Conditional Use Permit (CUP) is required for elevations in grade.

E.

All of the development standards and additional development standards of the RM Multifamily Residential Districts - RM 16-1 as contained in Chapter 17.24, that are not inconsistent with this Planned Development shall apply. In cases of conflict, this Planned Development shall prevail.

1.

New construction and alteration to the existing bungalows shall substantially conform to Exhibit 1, except as stipulated by the California State Historic Preservation Officer (SHPO) and/or in this ordinance. The Design Commission may approve minor deviations to this plan following reviews of the project by the SHPO.

a.

All substantial alterations to the site, including to the existing bungalows (referred to as 3 South Grand Avenue, 7 South Grand Avenue, 11 South Grand Avenue, 17 South Grand Avenue, 21 South Grand Avenue, 25 South Grand Avenue, 45 South Grand Avenue, and 49 South Grand Avenue), shall only be permitted in conjunction with design review approval pursuant to Chapter 17.92. Such work shall be in conformance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and the Secretary's "Standards for the Treatment of Historic Properties." The director shall determine whether or not a proposed alteration is substantial.

b.

The project shall be subject to an advisory review by the Cultural Heritage Commission, before concept design review. Recommendations from the Cultural Heritage Commission shall be forwarded to the Design Commission for its consideration during design review.

c.

The SHPO shall be consulted regarding any work substantially altering the site or on-site development. Approval shall be required from the SHPO for any physical or structural changes or changes of color or surfacing made to the exterior of the existing structures and architecturally or historically significant interior features of the existing structures.

d.

Placement of the driveway accessing Grand Avenue may deviate from the site plan if approved by the director and the Director of Public Works & Transportation, consistent with Section 4, Paragraph 10 of this Ordinance. Minor changes to the site plan resulting from placement of the driveway shall be approved by the director.

2.

New construction shall not exceed 29 dwelling units. In no case shall new development exceed ten dwelling units per acre; total on-site development shall not exceed 45 dwelling units.

3.

The maximum lot coverage for the site shall be 35 percent.

4.

Separations between buildings and maximum façade lengths for all new construction shall substantially conform to the site plan, except as stipulated in this ordinance. The Design Commission may approve minor deviations to this plan following reviews of the project by the SHPO.

5.

Parking facility design shall be in accordance with Chapter 17.68, except that minimum driveway and parking ramp widths shall be 18 feet. A minimum of two spaces per unit and one guest space per 10 units shall be provided.

6.

The maximum height of all new structures shall be as follows:

a.

Heights shall be measured from finished grade to the ridgeline. Building heights in lower portions of the site between the existing bungalows and the western property line and the Colorado Street Bridge shall not exceed 35 feet. Building heights north of the Colorado Street Bridge shall not exceed 25 feet in height, except that 20 percent of the building footprint may exceed 25 feet to a maximum of 35 feet. No story shall exceed 12.5 feet in height, measured from floor to floor.

b.

Buildings adjacent to South Grand Avenue shall not exceed two stories.

c.

Subterranean, partially subterranean, or at grade parking structures shall not be counted towards the total number of stories in each building. Only subterranean parking shall be permitted on Grand Avenue.

d.

The project shall meet the appurtenance requirements of Chapter 17.24, except that no appurtenances, enclosed or trellised roof decks, or structures shall be on top of any new two-story building adjacent to the Maxwell House.

7.

All yards shall substantially conform with the site plan, and shall be as follows:

a.

The front yard on South Grand Avenue shall be a minimum of ten feet. Buildings along South Grand Avenue shall not extend easterly past a straight line extending northward from the front façade of the Maxwell House. The front yard on Arroyo Drive shall be an average of 15 feet with a minimum dimension of ten feet. Side yards shall be a minimum of five feet wide, except that no side yard shall be required adjacent to the existing bungalows and the new structure immediately adjacent to Defender's Park and South Grand Avenue at the northeast corner of the site. The side yard adjacent to the Maxwell House shall be as stipulated in this ordinance. Additional articulation, setbacks, and massing standards for buildings adjacent to front and side yards may be required through design review.

b.

Only patios, chimneys, uncovered porches or decks, uncovered steps or landings, underground utilities, parking ramps, or driveways may encroach into the required side yard, subject to review by the Design Commission.

8.

The site shall include at least one main garden or landscaped court for each cluster of buildings, except as stipulated in this ordinance and further stipulated through design review. Garden standards for new construction shall meet the requirements of Chapter 17.24, except as modified by this ordinance.

a.

The size, location, and dimensions of the main garden rectangles shall substantially conform to the site plan.

b.

Tree wells over parking structures need not extend down to natural soil, but shall be of adequate size to support the trees when mature, as determined by the director.

c.

Garden height requirements measured from finished or natural grade shall not apply, but shall be determined through the design review process.

9.

No structures, facilities, or other development (with the exception of driveways, parking lots, and signs) shall be located within the 60-foot wide easement for the Colorado Street Bridge. Any driveways, parking lots, or signs within the easement shall be reviewed by the Public Works & Transportation Department.

10.

A landscaped garden area shall be created and maintained north of the Maxwell House. The garden area shall be accessible to the owners, tenants, and visitors of the Maxwell House from 7 a.m. to 9 p.m. by right. Between 9 p.m. and 7 a.m., the garden area may be accessible to the owners, tenants, and visitors of the Maxwell House if agreed to by both tenants and property owners of both the subject property and the Maxwell House.

a.

Buildings shall be located at a minimum 30 feet north of the southern property line measured at a point 25 feet west of the front, northeast corner of the Maxwell House, and extending at a minimum 50 feet west from the northeast corner of the Maxwell House and to the public right-of-way at South Grand Avenue.

b.

No garden walls exceeding three feet in height, property line walls or fences, buildings, or other above ground structures shall be located in this garden area unless agreed to in writing by property owners and tenants of both the subject site and the Maxwell House.

c.

No driveways or parking ramps shall be located in this garden area.

11.

The applicant or successor in interest shall meet all mitigation measures identified in the approved Mitigated Negative Declaration and Initial Study and Conditions of Approval and will participate in an on-going mitigation monitoring program to ensure the appropriate implementation of the mitigation measures and conditions of approval.

12.

The applicant or successor in interest shall meet all other City requirements, including those from the Public Works & Transportation Department and the Building Division. Prior to issuance of grading permits, a Construction Staging Plan shall be prepared and submitted to the Department of Public Works & Transportation for review and approval.

PD — 26 - Colorado - Los Robles

A.

Land use. That portion of the property formerly identified as Central District 16 (CD-16) by the Pasadena Municipal Code 1991 shall be used only for the uses identified in Appendix 'A'.

1.

Permitted Uses. Land uses identified inAttachment A to this ordinance shall be permitted. A Conditional Use Permit for a nonresidential project having more than 25,000 square feet shall not be required for a project that is consistent with the provisions of this PD ordinance.

2.

Conditionally Permitted Uses. Conditionally permitted land uses shall be as identified in Appendix 'A'. A Conditional Use Permit shall be required for any use proposing to offer alcoholic beverages for sale for consumption on premises only.

B.

Development standards. All of the development standards and development additional standards of the CD Central District - CD-16 formerly identified in Chapter 17.33 by the Pasadena Municipal Code that are not inconsistent with this Planned Development shall apply. In cases of conflict, this Planned Development shall prevail.

1.

Floor Area. New construction shall not exceed 270,000 square feet of gross floor area (excluding outdoor dining areas) and shall substantially conform to the site plan entitled Exhibit 1.

2.

Maximum Building Area. The maximum building coverage on the project site shall not exceed 50 percent.

3.

Building Height. The maximum height of all new structures shall be as follows:

a.

The building shall not exceed 78 feet in height to the top roof parapet of the building, with height measured from the existing grade.

b.

The tallest portion of the building shall be concentrated at the intersection of Colorado Boulevard and Los Robles and from there must step down in height to the west and north. Massing and elevational treatments of the building shall complement and not dominate the surrounding buildings.

4.

Appurtenances. Building appurtenances shall not exceed 20 feet above the building height limit set forth in the PD and shall cover no more than 30 percent of the total roof area of the building.

5.

Setbacks. There shall be no setbacks required along the street frontages of the project. The Los Robles elevation, however, shall include architectural treatments to express the importance of the Pacific Asia Museum on the east side of the street.

6.

Fenestration. The building shall have multiple entrances and windows along the streets. The main entrance lobby shall allow for direct physical access from the street to well designated semi-public open space within the project.

7.

Arcades. Pedestrian arcades shall be located along the Los Robles Avenue frontage and will continue to a terminus at the pedestrian promenade entrance on Colorado Boulevard.

8.

Active Uses. A minimum of 35 percent of the gross floor area of the ground floor of the building shall be devoted to active, non-financial, pedestrian-oriented uses such as eating and drinking establishments and retail sales.

9.

Pedestrian Activity/Landscaping. To encourage pedestrian activity, the project shall include walkways and plazas which promote pedestrian linkage within the Civic Center District as follows:

a.

Walkways/Paseos. The project shall include pedestrian entrance walkways leading from Colorado Boulevard, Euclid Avenue and Union Street into the semi-public, open space area of the project.

b.

Landscaping. A central garden area shall be incorporated into the project to include landscaping materials and site amenities. The landscaped area at the southwest corner of Los Robles and Union Street, adjacent to the loading dock, shall be designed to encourage pedestrian movement into the project, provide a visual connection to the central garden area, and include landscaping that relates thematically to the Pacific Asia Museum.

c.

The paseo/promenade areas of the project, including the arcade area between the loading dock and the building at the north end of the project, shall be open for pedestrian access at all times.

d.

No construction shall be permitted that results in the injury or removal of a landmark, native, or specimen tree as defined under Chapter 8.52 of the Pasadena Municipal Code, unless findings are made pursuant to Chapter 8.52.

10.

Fences/Walls. The maximum height of fences and walls shall be eight feet, and shall be constructed of solid material where they abut the interior property line of the project.

11.

Parking. The standards for parking shall be as follows:

a.

Required parking for the project will be accommodated in a subterranean parking structure. The location of driveways leading to subterranean parking shall be limited to Union Street and Euclid Avenue only. There shall be no vehicular access to parking from Colorado Boulevard or Los Robles Avenue.

b.

A minimum of 772 parking spaces shall be provided on site for the project with full time parking attendant as follows: a minimum of 104 customer/visitor spaces; 16 ADA Handicapped spaces; 375 employee spaces and 277 compact parking spaces. A maximum of 50 percent of required employee parking may be achieved utilizing compact car stall dimensions.

c.

Shared parking is permitted for this project without a minor Conditional Use Permit, pursuant to thresholds identified in the shared parking analysis in the Project's Final Environmental Impact Report. Future land-use deviations not consistent with the shared parking thresholds will require reanalysis of traffic impacts on the project site, which may result in the need for a minor Conditional Use Permit.

d.

Pedestrian access to and from the parking structure shall be achieved by means of vertical transportation from the central garden/open space area of the Project. Direct access from the parking garage to the office building shall not be permitted.

e.

The ramp leading to the subterranean parking shall be a minimum of 75 feet in length and have a maximum ramp grade not to exceed 16 percent, with the first and last 10 feet of the ramp not to exceed eight percent grade. The slope of all parking areas, excluding ramps shall not exceed five percent grade. Minimum lane width for a one-way ramp shall be 10'-10".

f.

Tandem parking spaces shall be allowed on-site with the following minimum dimensions: (1) full size employee: 8.5 feet by 34 feet; (2) full size customer and visitor: 9 feet by 34 feet; and (3) compact sized customer and visitor: 7.5 feet x 30 feet.

g.

No more than 85 percent of total parking for the project shall be provided in a tandem parking configuration. A full-time attendant will be on duty during business hours for on-site uses.

h.

The driving surface of the subterranean parking levels shall be treated to reduce noise from vehicle tires.

i.

Security gates or grilles shall be provided at the subterranean parking garage entry and at the loading dock and shall be open during all hours of operation.

j.

Provisions for valet parking may be permitted within the subterranean parking garage of the building.

k.

Valet parking for the restaurant uses may be permitted with the approval of the Public Works and Transportation Department.

12.

Loading. The standards for loading shall be as follows:

a.

Shared loading shall be permitted without a minor Conditional Use Permit. Two loading docks shall be permitted in conjunction with this project.

b.

Vehicular ingress/egress and access to the loading dock area of the project shall be via Union Street. Loading spaces shall have adequate ingress and egress and shall be designed and maintained to ensure safe maneuvering, loading and unloading of vehicles. Additional on-street loading areas may be permitted with the approval of Public Works and Transportation Department. Final location(s), configuration and hours of operation for all loading areas shall be approved by the Zoning Administrator and the Public Works and Transportation Department.

c.

Loading dock size shall be a minimum width of 26 feet and a minimum length of 45 feet to the Union Street property line. The loading dock shall have a minimum vertical clearance of 14 feet and may be open to the sky.

d.

Loading areas or spaces visible from the street shall be screened from view on three sides by a fence or wall at least six feet in height or through the use of landscaping material.

Refuse Storage Areas. A trash compactor shall be incorporated into the project and located in the loading dock area of the project site. The location and size of the trash compactor shall be reviewed and approved by the Public Works and Transportation Department.

14.

Recycling. A recycling area shall be provided in the subterranean garage for the project. A separate bin for each type of recyclable material collected shall be provided and clearly marked with the types of recyclable materials. A list of materials for which the bin is provided shall be attached to the bin. The location and size of the recycling area/bins shall be reviewed and approved by the Public Works and Transportation Department.

15.

Construction and Demolition Waste Management Recycling Plan. The applicant, under voluntary condition, shall consider utilizing the construction and demolition waste management recycling plan for the project. This plan shall allow for the following measures to be incorporated by the applicant:

a.

Energy design shall indicate that the project will meet an energy budget which is 20 percent less than that prescribed by the current California Energy Regulations which are being enforced by the City of Pasadena.

b.

The developer shall advertise the availability of salvageable materials and make them available to interested individuals or groups either by auction or the taking prior to dismantling existing buildings.

c.

The developer shall use deconstruction techniques rather than demolition to remove existing buildings that are not being retained or rehabilitated in the new development.

d.

The developer shall provide a waste assessment plan to indicate what materials may or can be reused or recycled.

e.

The developer shall provide a summary report and documentation of all materials reused or recycled at the close or construction and prior to the certificate of occupancy.

f.

The developer shall strive to reuse and incorporate materials from the existing buildings into the new construction whenever feasible. The developer shall strive to incorporate materials containing recycled content materials in the new construction whenever feasible.

16.

Signage. A master sign program for the project shall be submitted for review and approval by the Zoning Administrator. The signage plan shall provide guidelines for the design of on-premise project identification, retail/commercial tenant signs and directional signage. Wall signs shall be limited to 1.5 square feet of sign per linear foot of street frontage.

17.

Lighting. A lighting plan shall be prepared for the project to provide for the safe movement of people and vehicles throughout the project site. The lighting plan shall be submitted for review and approval of the Zoning Administrator.

D.

Project modifications. Any modifications to approved plans shall be submitted for review and approval to the Director of Planning and Development, for compliance with all applicable guidelines.

E.

Mitigation measures and conditions of approval. The applicant, or successor in interest, shall comply with all Mitigation Measures identified in the approved Environmental Impact Report, and Conditions of Approval identified by all applicable City Departments for the Project. The applicant shall participate in an on-going Mitigation Monitoring Program to ensure the appropriate implementation of the mitigation measures and conditions of approval for the project.

F.

Other City requirements. The applicant, or successor in interest, shall meet all other City requirements, including those from the Public Works & Transportation Department and the Building Division. Prior to issuance of excavation and/or grading permits, a Construction Staging Plan shall be prepared and submitted to the Department of Public Works & Transportation for review and approval.

PD — 27 - King's Village

A.

Permitted Uses in PD-27.

1.

Multi-family and single-family residential, including senior housing.

2.

Accessory buildings and uses limited to those reasonably related to the multi-family uses as determined by the Zoning Administrator.

3.

Certain community facilities uses such as child day care, learning and skills training intended for the residents of the PD, and for the general public shall be conditionally permitted.

4.

An amendment to the Planned Development (PD) shall be required if any increase in existing number of units, or reconfiguration of parcels would create one or more new development sites, or substantially modify parcel boundary lines. An amendment to the PD should take into consideration the merits of the project and compatibility with the surrounding zoning districts.

B.

Development Standards in PD-27. Development standards for the existing single-family residential developments and multi-family residential development are as follows:

Single-Family Sites. Any renovation, rehabilitation, addition, or demolition and reconstruction of existing single family residential units shall be governed by the development standards of Single-Family Residential, 6 units per acre (RS-6) district.

2.

Multi-Family Sites.

a.

Existing Dwellings. Any floor area additions to existing dwelling units or accessory structures shall be permitted subject to the following development standards:

(1)

Height Limit - No building shall exceed thirty-six (36) feet in height.

(2)

Building Area - The building area shall not exceed fifty percent (50 percent) of the total area of any corner lot nor fortyfive percent (45 percent) of the total area of any other lot where structures having two or more dwelling units are involved.

(3)

Number of Dwelling Units Per Building - There shall be no more than twelve (12) dwelling units in any one building.

(4)

Front Yard Setback Lines - The average depth of the front yard shall be at least twenty (20) feet. Up to fifty percent (50 percent) of the building frontage may project in front of the twenty (20) foot average setback line a maximum of five (5) feet, so long as a matching amount of building frontage remains behind said setback line an equal distance. Eaves may project into said front yard for a distance not to exceed thirty-six (36) inches where southerly and westerly exposure occur.

(5)

Lots facing on Washington Boulevard and Fair Oaks Avenue shall have a front yard with an average depth of not less than twenty-five (25) feet. Up to fifty percent (50 percent) of the building frontage may project in front of the twenty-five (25) foot average setback line a maximum of five (5) feet, so long as a matching amount of frontage remains behind said setback line in equal distance.

(6)

Side Yard Setback Lines - The required side yard shall be ten (10) feet. For buildings not over two (2) stories in height and where living room windows do not face a side yard, the side yard may be reduced to five (5) feet.

(7)

Rear Yard Setback Lines - There shall be a rear yard on every lot including double frontage lots. The depth of such rear yard shall not be less than fifteen (15) feet.

(8)

Distance Between Dwellings and Width of Courts - The distance between dwellings on the same lot and the width of courts shall not be less than twenty (20) feet with the following exceptions:

•

Where a one or two-story dwelling faces an un-fenestrated dwelling wall, the distance may be reduced to sixteen (16) feet.

•

Where a dwelling faces a wall of an accessory building, the minimum distance shall not be less than ten (10) feet.

b.

New Construction. Any new construction shall be subject to the following additional development standard:

(1)

A minimum of 2,750 square feet lot area per dwelling unit shall be provided in a multi-family residential development.

(2)

Single-family lots shall have a minimum of 7,200 square feet in area.

PD — 28 - Community Arms

A.

Permitted Uses in PD-28.

1.

Multi-family residential development not exceeding a total of 133 units, as presently existing on the site.

2.

Accessory buildings and uses limited to those reasonably related to the multi-family residential use as determined by the Zoning Administrator.

3.

Certain community facilities, such as child day care and learning or skills training, intended for the Community Arms residents and the general public, subject to approval of a Conditional Use Permit.

B.

Development Standards in PD-28. Any additional floor area or construction of an accessory use structure shall be subject to the development standards of the City of Gardens for Multi-Family Residential development in RM-32 districts, except for certain requirements relating to:

1.

Parking location;

2.

Entrances of dwelling units accessible to the main garden;

3.

Length of buildings at the street; and

Air separation between a building on-site and the building in the adjacent properties.

The building layout and configuration of the existing development calls for the elements listed above to be exempt from the City of Gardens requirements. These elements will be allowed to remain as existing; however, no alteration of reconstruction shall increase their non-conforming status.

PD — 29 - Artisan Village

A.

The site plan to be submitted for building permits shall substantially conform to the site plan dated August 8, 2002 submitted with this application except as modified herein if applicable. Courtyards shall not be smaller than depicted on the site plan.

B.

The following land uses are permitted at 435 North Altadena Drive: adult day care, limited; multi-family residential; residential care, limited; and small family day care home. The following commercial use is conditionally permitted: commercial filming. The following accessory uses are permitted: home occupation; and other accessory uses reasonably related to the permitted uses as determined by the Zoning Administrator. The following temporary uses are permitted: commercial filming, short term; personal property sales; and street fairs.

C.

The maximum number of dwelling units shall not exceed 52 units.

D.

The front yard setback along all street frontages shall be a minimum of 20 feet measured from the street property line to the leading edge of the building, except that a minimum of 5 feet shall be allowed at the southwest portion of the building at the end of the cul-de-sac on Wagner Street. No encroachments are permitted into the front yard, except for those identified in item 6, below. All other interior setbacks shall be established as shown on Exhibit 1, entitled "Artisan Square" dated August 8, 2002. The front yard setback along all street frontages shall be landscaped. A yard with a minimum of 10 feet in depth shall be provided along interior property lines.

E.

A minimum separation of 10 feet between buildings on the property shall be provided.

F.

Yard encroachments shall be as follows:

1.

Open porches no deeper than 10 feet and no higher than one story may project into the front yard.

2.

Bays no greater than 3 feet deep and 10 feet long and no higher than two stories may project into the front yard. The maximum frequency of such bays is one bay per 15 feet of lot width at the front property line.

3.

Balconies with a maximum depth of 10 feet may project into the front yard.

4.

Uncovered steps, landings or patios not more than 3 feet in height measured from finished grade may project 3 feet into a required yard for a length of 10 feet measured parallel to the building.

5.

Eaves may project up to 3 feet into a required yard.

G.

Changes in a wall plane are an important feature to prevent a procession of blank, flat wall planes and should be provided. Final wall plane modulation shall be reviewed and approved during design review of the project.

H.

In general, windows visible from public streets, courtyards, or main garden areas should be detailed as primary windows and recessed a minimum of 3-inches behind the wall plane of a building (not flush with the wall plane) to create shadow lines and to impart a three-dimensional design feature.

I.

Street facades of all residential buildings shall contain major windows of at least 16 square feet in window area.

J.

Street facades of all residential buildings shall have entrances to individual units.

K.

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

L.

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

M.

The building height of the multi-family residential development shall not exceed thirty-six feet measured from the finished grade to the highest point of roof.

N.

The following exceptions to the height limits are permitted: appurtenances and other similar structures covering not more than 25 percent of a building's roof to which the appurtenance is attached may exceed the maximum permitted height limits by not more than 10 feet.

O.

The three large open courtyard areas shall be the primary landscaped open space for the project. This space may take the form of a garden or landscape court, but in either case it shall be a well defined, coherent area that is an essential component of the project's design, not merely space left over after the building is placed. The courtyard must make a visual contribution to the neighborhood as a whole and can in some cases be used to ameliorate damage by unsympathetic earlier development. The courtyard area is intended to be a usable open space for the project, a garden

to be occupied as well as a garden to be seen. Seating and other elements encouraging use and occupation by project residents should be included in its design and it should form an integral part of the circulation pattern within the project.

P.

At least 50 percent of the courtyard area shall be planted. In the courtyard areas, a minimum of six (6) 36-inch box canopy/shade trees shall be provided to shade the common outdoor open space area. Landscaped areas shall be permanently maintained and irrigated with an automatic system in accordance with the provisions of Chapter 17.64 of the Pasadena Municipal Code. The majority of landscaped areas shall be planted with water efficient plants. Grass shall be excluded from areas difficult to irrigate such as slopes and planting areas less than 5 feet in width. At least a 24-inch box tree shall be planted for each residential unit and for each tree removed from the site. A landscape plan shall be submitted for review and approve by the Planning and Development Director prior to issuance of a building permit and shall contain the specimen or common names of plants, sizes, location on the site and number of each variety used. A full landscape plan shall be submitted to the Design Commission for final design review.

Q.

Concrete may be used for walkways up to 4 feet in width, but is not acceptable for area paving unless mandated by the Uniform Building Code. Unplanted areas with a minimum dimension of 5 feet or more shall be paved with unit pavers such as brick, tile or concrete setts or covered with decomposed granite or gravel.

R.

Driveways located adjacent to a courtyard area shall be screened by linear landscape elements such as hedges or rows of trees or by architectural elements such as low walls or trellises.

S.

Each building or courtyard shall incorporate at least one feature as a conspicuous component of its architecture such as iron gates, tile fountains, cast terra cotta, wood work, stenciled ornament or other devices which demonstrate craftsmanship.

T.

Each of the new buildings constructed for this project shall incorporate at least two of the following elements. Substitution of elements not on this list may be made if approved by the planning director.

1.

Upper floor loggias or pergolas.

2.

Roofed balconies supported by brackets or by columns at the ground floor.

3.

Exterior wooden or masonry stairs with closed stairs.

4.

Tile or masonry fountains.

U.

Materials for the project should be good quality, durable masonry, stucco or wood.

1.

In order to ensure that new buildings appear substantial and integral, changes of exterior color, texture or material shall be accompanied by changes in plane. An exception is the articulation of the base of a building.

2.

Material or color changes at the outside corners of buildings give an impression of thinness and artificiality and are not allowed.

3.

Buildings in this project should have consistent materials and details throughout. Detailing of doors, windows and eaves and the type and quality of materials should be similar on all sides of the buildings.

4.

The new buildings in this project should support regional traditions. This means that careful decisions must be made concerning the choice, application and detailing of material so that new construction is appropriate to its context. The list provided below this project contains several materials or combinations that shall be avoided. It is meant to be illustrative rather than inclusive. Final approval of materials, material combinations and detailing will be determined by the design commission.

a.

Flush nail-on aluminum windows should not be used.

b.

Spanish Colonial style buildings should not have window frames flush with the outside plane of the wall.

c.

Stucco surfaces should not be detailed with crisp metal corner beads. Rounded bull noose corners are more appropriate.

d.

Plywood siding, light, transparent, "Driftwood" stains, and thin layers of stone or unit masonry which appeal veneer-like should be avoided.

V.

Both concept plans and final design plans shall be submitted for review and approval to the design review commission, prior to issuance of any building permits.

W.

Electronic gate or similar mechanism shall be installed on both ends of the western driveway.

X.

All driveway entrances shall be paved with enhanced concrete.

Y.

Two covered parking spaces shall be provided for each residential unit for residents of the site. The covered parking may be provided as tandem parking spaces. All covered parking spaces shall be equipped with automatic garage door openers. A minimum of seven guest-parking spaces shall be provided for the project. All guest parking spaces shall be full-sized as provided by Chapter 17.68 of the Pasadena Municipal Code. All guest parking spaces shall be doublestriped and with wheel stops.

Z.

All mechanical equipment shall not be closer than 5 feet from a property line. The screening of mechanical equipment, refuse storage areas and other applicable sections of Chapter 17.64 of the Pasadena Municipal Code shall be provided in accordance with the requirements of said chapter. All exhaust vents, related ductwork, etc, shall be directed throughthe-wall and routed through the roof. Venting and mechanical equipment shall not be visible from public view.

AA.

The project shall comply with Chapter 17.71 of the Pasadena Municipal Code regarding provision of affordable housing.

AB.

A solid masonry or concrete wall shall be provided at thecommon property line on the west side, which separates the driveway access off of Villa Street and Wagner Street from the residential dwelling units and fire station to the west. Perimeter walls shall comply with the City of Gardens Standards of Title 17 of the Pasadena Municipal Code. That there will be a buffer including a landscape of trees along the westerly border.

AC.

The developer shall comply with the City's Tree ordinance. Existing trees, if they are to be retained on-site, including parkway trees shall be protected during the construction process. The property owner shall coordinate with the Public Works, Parks and Natural Resources Section.

AD.

Courtyards and gardens shall not be gated.

AE.

The developer shall file a tentative tract map no later than six (6) months after the issuance of a building permit, but prior to receiving a Certificate of Occupancy.

AF.

If project construction is to be phased, areas that are not under construction shall be free of debris and landscaped, if construction does not commence within six (6) months of the prior phase completion.

AG.

Prior to the start of construction or the issuance of any permits, the applicant shall meet with the Public Works and Transportation Department Inspector for review and approval of all construction staging, parking, delivery and storage of materials, and any of the specifics that will affect the public right-of-way.

AH.

A deposit will be required to be submitted to the Public Works and Transportation Department prior to the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the developer will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, either directly or indirectly, by the construction of this site.

AI.

The applicant shall connect to the public sewer by a method approved by the Public Works and Transportation Department. All sewer connection shall be 6-inch diameter vitrified clay pipe.

AJ.

The applicant shall maintain the existing 10-foot wide easement for public sewer that runs from Wagner Street to Altadena Drive (in Wagner Street).

AK.

The applicant shall submit a grading and drainage plan for review and approval indicating the quantity of storm water runoff and how it will be handled prior to the issuance of a building permit. All on-site water must be carried into the catch basin on Wagner Street or on Altadena Drive.

AL.

The development is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance, which implements the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance.

AM.

The applicant shall close all unused drive approaches with standard concrete curb, gutter and sidewalk and shall repair any existing or newly damaged curb, gutter and sidewalk, avoiding any damage to existing street trees and using the City's Tree Protection Standards available from the Parks and Natural Resources Division, along the subject frontage(s) prior to the issuance of a Certificate of Occupancy.

AN.

The applicant shall construct any new drive approach at a minimum of 12 feet in width and in accordance with Standard Drawing No. S-403.

AO.

To provide for disabled persons, the applicant shall construct a standard wheelchair ramp at the northwest corner of Altadena Drive and Maple Street per Standard Drawing No. S-403.

AP.

The parking, trash, and recycling areas shall conform to the requirements of the Zoning Ordinance and a plan showing all pertinent dimensions for these areas shall be submitted to the Public Works and Transportation Department for review and approval prior to the issuance of a building permit. Applicant shall submit a refuse and recycling plan and obtain final approval from the Director of Public Works.

AQ.

A detailed plan showing dimensions and locations of all driveways, parking stalls, aisle widths, etc. shall be provided for review and approval. The plan shall be drawn up to a 1"=20' or 1"=40' scale.

AR.

A traffic impact analysis, including a circulation plan for ingress and egress and recommended striping at points of ingress/egress (specifically on Villa Street), must be supplied. The plan shall be drawn to a 1"=20' or 1"=40' scale.

AS.

If the driveways are to have gates at the entrance, the gates have to be set back at least 20 feet from the property line.

AT.

The applicant shall submit a C & D Recycling & Waste Assessment Plan prior to issuance of the grading permit. A list of Construction and Demolition Recyclers in Los Angeles County can be obtained from the Street Maintenance and Integrated Waste Management Division of the Public Works and Transportation Department.

AU.

Developer shall record a covenant (this covenant shall be part of the unit's sale contract) which provides that an enclosed area in the garage of each unit shall be provided for refuse and recycling containers, approximately ten square feet. The size of the containers shall be appropriate for the number of occupants of the individual units. The homeowner association shall contract with a non-exclusive franchise hauler holding a valid franchise agreement with the City of Pasadena.

AV.

The applicant shall strive to incorporate recycled content materials whenever possible in the new construction.

AW.

The existing street lighting system along Wagner Street is substandard (or non-existent). In order to improve pedestrian and traffic safety, the applicant shall install a maximum of two (2) new street lights on or near the frontage of the property, including conduits, conductors, electrical service, pull boxes, and miscellaneous appurtenant work. The type and hardware shall conform to current policies approved by the City Council, and the locations shall be as approved by the Public Works and Transportation Department.

AX.

The applicant is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer registered in the State of California. Upon submission of improvement plans to the Public Works and Transportation Department, the applicant will be required to place a deposit with the Department to cover cost of plan checking and construction inspection of the improvements.

AY.

The applicant shall plant and maintain, for a period of three years, the officially designated street tree(s) per the City approved master street tree plan on the subject frontage. Locations will be finalized in the field by Parks and Natural Resources staff. Tree(s) must meet the City's tree stock standards and be planted according to the detail provided by the Parks and Natural Resources Division. The trees shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy.

AZ.

If the applicant removes or damages any existing street tree, the applicant shall pay at a minimum, the fair market value of tree(s) using the most recent edition of the International Society of Arboriculture Tree Evaluation Guide (ISA). The applicant shall also replace and maintain at their expense for a minimum of three years a new 36-inch box street tree for each tree affected based on the current ISA standards. The type, quality and location of the new trees shall be approved by the Public Works and Transportation Department.

BA.

Plans must be submitted to the Parks and Natural Resources Division for approval showing any structures, irrigation, footings, grading, or plantings that impact City street trees. The plans must conform to the Tree Protection Standards, which specifically require showing locations of all existing trees, their diameters and actual canopies as well as any trees to be planted with their canopy at mature size.

BB.

All construction designs and plans shall be submitted to and approved by the fire department prior to the issuance of any building permits.

BC.

There are existing power pole lines along the west property line. The applicant must maintain 12-feet clearance between the proposed building and the existing power overhead lines, and a 5-feet clearance to the existing power poles. The applicant shall maintain ingress/egress access for these existing wires and power poles.

BD.

The project shall comply with all other City department requirements.

BE.

Prior to issuance of any building permits, the developer shall submit and record a covenant (this covenant shall be part of the unit's sale contract), approved by the city attorney's office which ensures the following:

1.

The homeowners' association conditions, covenants, and restrictions (CC&RS) shall contain a provision to the satisfaction of the city attorney's office, to inform the owner of each unit of the project, that all-night parking permits for more than seven (7) days (Pasadena Municipal Code 10.44.020) will not be available to any of the units.

2.

The homeowners' association CC&RS shall contain a provision prohibiting parking anytime on all driveways including driveways at the individual units in the project.

3.

The homeowners' association CC&RS shall contain a provision prohibiting residents of the project from parking in designated guest parking spaces. A sign to that effect shall be posted on all guest parking spaces.

(Ord. 7099, § 55 (4), 2007)

PD — 31 - Montana I and II

A.

Land Use. Shall be those allowed by the underlying Central District subdistricts, as of the effective date of the PD.

B.

Development Standards.

1.

Floor-Area Ratio: The FAR for the entire Planned Development site shall not exceed 3.1. Parking and parking related area, defined as the area for valet, drop off and entrance is not included in the floor area of FAR.

2.

Residential Density: The number of residential units shall not exceed 50.

C.

General provisions

1.

Parking Structure. Demolish the westerly approximately 12 feet of the existing parking structure so as to widen the pedestrian walkway on the west side of Montana I and maximize the north-south view corridor of the City Hall dome from Colorado Boulevard prior to occupancy of Montana I. Demolition shall not be required for that portion of the parking structure that is north of the current elevator/stairway/utility vault.

2.

Project Modifications. Any modifications to approved plans shall be submitted for review and approval to the Director of Planning and Development, for compliance with all applicable development standards.

3.

Mitigation Measures and Conditions of Approval. The applicant, or successor in interest, shall comply with all Mitigation Measures identified in the adopted Mitigated Negative Declaration and Conditions of Approval identified by all applicable City Departments. The applicant shall participate in an on-going Mitigation Monitoring Program to ensure the appropriate implementation of the mitigation measures and conditions of approval.

4.

Construction and Demolition Waste Management Recycling Plan. The applicant shall comply with the provisions of the Pasadena Municipal Code Chapter 8.62.

5.

Lighting. A lighting plan shall be prepared for the project to provide for the safe movement of people and vehicles throughout the project site. The lighting plan shall be submitted for review and approval of the Zoning Administrator. The Design Commission shall review and approve the lighting design.

6.

Design Guidelines. In addition to the standards of the Planned Development, all development, including the design of the Montana I and II, shall be subject to citywide design principles and to the design guidelines for the Central District, adopted by the City Council on October 21, 2002.

7.

Other City requirements. The applicant, or successor in interest, shall meet all other City requirements including those from the Public Works Department, the Transportation Department, and the Building Division. Prior to issuance of excavation and/or grading permits, a Construction Staging Plan shall be prepared and submitted to the Public Works Department for review and approval.

Montana I

Floor Area and Coverage. Lot coverage shall not exceed 72.8 percent of the parcels on the Montana I block. The Development shall include at least 7,000 square feet of retail use fronting on Colorado Boulevard, with a minimum depth of 30 feet from the property line.

2.

Height. The maximum height of new structures shall be as follows:

a.

The building shall not exceed 80 feet and 6 stories in height to the top roof parapet of the building, with height measured from the existing grade.

b.

The height shall not exceed 68 feet for a distance of 10 feet from the property lines on Colorado Boulevard and Euclid Avenue and shall step back a distance of 10 feet above 68 feet on four sides.

c.

Height limits do not include appurtenances and screening, as permitted by the Zoning Code.

3.

Setbacks. At sidewalk on Colorado Boulevard and Euclid Avenue with 5 foot setback in central section of Colorado frontage. Building massing above the ground floor shall have at least one significant modulation in the Colorado Boulevard frontage and also in the Euclid Avenue frontage.

4.

Fenestration and Entrances. The building shall have multiple entrances and windows along the streets, including separate entrances for different uses. There shall be a main pedestrian entrance on Colorado Boulevard to the residential units.

5.

Pedestrian Activity/Landscaping. To encourage pedestrian activity and access to City Hall, the project shall include a pedestrian walkway and landscaped areas as follows:

a.

Pedestrian Walkway. A landscaped pedestrian walkway of at least 28 feet in width shall extend from Colorado Boulevard between the existing office building and the new structure, connecting to the corner plaza at Garfield Avenue and Union Street.

b.

Courtyard. A landscaped courtyard with a width of 24 feet or greater shall separate the new structure from the existing parking structure and shall be visible from Euclid Avenue and the pedestrian walkway.

6.

Parking access. Neither a parking structure nor access to parking is permitted on Colorado Boulevard. Ingress and egress shall be limited to two drive entrances on Euclid Avenue.

7.

Parking Use on the Ground Floor. Parking and parking related uses shall not exceed 50 percent of ground floor area.

8.

Driveway Visibility. Pedestrian and vehicle street visibility for a distance of 50 feet from each exit shall be maintained.

9.

Parking Spaces. There shall be at least 1.5 spaces per residential unit, and parking for other uses shall meet the requirements of the Zoning Code, unless otherwise specified in the PD. One tandem space (9 feet by 34 feet) may be substituted for one parking space required for a residential unit.

10.

Parking Ramps. The maximum grade of ramps that serve parking exclusively dedicated to the residential units shall be 16 percent. Ramps shall not exceed 2 percent for a distance of 10 feet from an entrance at the property line.

11.

Loading. One off-street space with dimensions of 10 feet X 20 feet X 10 feet shall be provided.

Montana II

1.

Floor Area and Coverage. Lot coverage shall not exceed 64 percent. Development will have approximately 96,300 square feet and shall include at least 2,500 square feet of commercial use on the ground floor.

2.

Height. The maximum height of a new structure shall not exceed 66 feet to the top roof parapet, measured from the existing grade, stepping down to 55 feet. The height limit does not include appurtenances and screening, as permitted by the Zoning Code.

3.

Setbacks. The building shall be set back at least 10 feet from the Union Street property line and shall include at least one significant modulation of the Union Street building facade. No setback on the ground level is permitted along the Euclid Street frontage.

4.

Fenestration and Entrances. The building shall have multiple entrances and windows along the streets, including separate entrances for different uses.

5.

Pedestrian Activity/Landscaping. To encourage pedestrian activity, the area along the Union Street frontage shall be landscaped.

6.

Parking on the ground floor. Parking and parking related uses shall not exceed 50 percent of ground floor area.

7.

Parking Access. Ingress and egress shall be limited to two drive entrances on Euclid Avenue.

8.

Driveway visibility. Pedestrian and vehicle street visibility for a distance of 50 feet from each exit shall be maintained.

9.

Parking spaces. There shall be at least 1.5 spaces per residential unit, and parking for other uses shall meet the requirements of Title 17, unless otherwise specified in the Planned Development. One tandem space (9 feet by 34 feet) may be substituted for one parking space required for a residential unit.

10.

Loading. One off-street space with dimensions of 10 feet X 20 feet X 10 feet shall be provided for retail area.

D.

The land use regulations, additional land use regulations, development standards, and additional development standards of the Central District subdistrict that are consistent with the provisions below shall apply. After the 2004 revision of the City's Zoning Code, Zoning Code provisions that are consistent with the provision below shall apply. In cases of conflict, this Planned Development shall control.

PD — 32 - Rose Avenue

A.

Planning

1.

The site plan to be submitted for building permits shall substantially conform to the site plan dated March 28, 2006, except as modified if applicable. A detailed site plan/floor plan for review and approval by the Zoning Administrator shall be submitted prior to the issuance of a building permit.

2.

The site shall be limited to residential uses and other accessory uses related to the single family residential uses as determined by the Zoning Administrator.

3.

The maximum number of dwelling units shall not exceed 35 units nor 7.3 units per acre.

4.

The lots fronting Rose Avenue shall be at least 5,000 square feet in area.

5.

All other lots in the project shall be at least 4,140 square feet in area.

6.

Floor Area Ratio for lots fronting Rose Avenue shall be limited to a maximum of 46 percent of the total lot area.

7.

Floor Area Ratio for other parts of the project shall be limited to a maximum of 63 percent of the total lot area.

8.

The minimum side yard setback from the Rose Avenue property line shall be 20 feet.

9.

The front yard for all lots in the project shall be a minimum of 15 feet in depth; and when garages open to the street, the front yard shall be a minimum of 18 feet in depth (measurement is to be taken from the rear of the sidewalk or carriage walk to the garage door or wall plane, facing the street.

10.

The side yard setback for all of the lots within the subdivision shall be a minimum of 5 feet, with the exception of lot 10, which has a 4 foot side yard setback only along one side of the garage.

11.

There shall be a corner side yard setback of 10 feet minimum along all corner lots in the interior of the project, except lot 13 where four feet is allowed.

12.

There shall be a minimum rear yard setback of 20 feet for all lots with garages located along the front elevation, except where garages are located in the rear yard, 5 feet will be required to the rear property line.

13.

On lot 13, relocate the garage with the second story studio element from the rear yard to the front elevation.

14.

The following yard encroachments will be allowed:

a.

Unenclosed porches and balconies may project into a front setback a maximum of 5 feet.

b.

Rotundas may project into a front setback a maximum of 3 feet.

c.

Chimneys may project 24 inches for a maximum of 10 feet along the wall which it projects.

15.

All mechanical equipment shall not be closer than 5 feet from a property line, in accordance Section 17.40.150 of the Pasadena Municipal Code, unless an alternate location or minor change is approved by the Planning Director.

16.

No building within the Planned Development shall exceed 30 feet in height, with a top plate height of 23 feet, except for chimneys which may project 2 feet above the ridge line.

On houses with the garage in the rear, windows shall not be provided along the rear elevation of the second story above the garage.

18.

The applicant shall submit a landscaping plan for review and approval by the Zoning Administrator.

19.

The developer shall comply with the City's Tree Protection Ordinance.

20.

The retaining wall along the south side of the development shall have vines such as Jasmine or Creeping Fig) growing over it to soften its appearance. The height of proposed walls and fences shall comply with Section 17.40.180 A. and B.Walls and Fences for RS (Single Family) zoning districts.

21.

All driveway entrances shall be paved with concrete.

22.

Two covered parking spaces shall be provided for each residential unit of the site. All covered parking spaces shall be equipped with automatic garage door openers. A minimum of 12 guest parking spaces shall be provided for the project.

23.

Accessory structures shall be limited to trellises, terraces, patio covers, gazebos a pool or hot tub, and related equipment, location in accordance with the provisions of the Zoning Code.

24.

All construction activity, including equipment operation shall conform to Section 9.36110 of the Pasadena Municipal Code.

25.

a. Thee project shall comply with chapter 17.42 of the Pasadena Municipal Code, Inclusionary Housing Ordinance. On August 14, 2006, the City Council approved a request by the developer to reimburse payment of In-Lieu Fees in the event developer provides Inclusionary Units Off-site within a 24 month period commencing at issuance of a building permit. The specific terms and conditions of the approved request shall be identified in a formal agreement entered into by and between the developer and the City of Pasadena.

b.

The project shall comply with all other regulations of the Zoning Code as deemed required.

26.

a.

The entrances to the project and the building frontages on Rose Avenue shall remain open and with no solid walls to prevent the appearance of a gated community.

b.

The applicant shall submit a preliminary plan which attempts to maximize on-street parking on Street 'A', reorganize the curb bump outs to flow and undulate more naturally, and maximize variation in house plan prior to building permit issuance.

c.

The Housing Division will work with the developer to find and produce affordable housing as opposed to paying the In Lieu Inclusionary fee.

B.

Public Works

1.

The developer shall execute a deed restriction which treats the new private streets in the development as private driveways to be maintained by the Home Owners Association (HOA) and property owners, and that the City will not maintain the private driveways, including but not limited to pavement, curb, gutter, sidewalk, drainage system, street lighting, trees, landscaping, and other related improvements. The HOA's conditions, covenants, and restrictions (CC & R's) shall be submitted to the Department of Public Works for review and approval. The developer or the HOA shall furnish to the Department a copy of the recorded HOA's CC & R's prior to the issuance of a Certificate of occupancy.

2.

The applicant shall dedicate to the City easements for public utility, sanitary sewer, and ingress and egress purposes. The exact width and limits of the easements shall be determined by the Department of Public Works.

3.

The applicant shall construct improvements for the private streets in the development, including concrete sidewalk, curb ramps, curb and gutter, storm drain system, pavement, street lights and "private street" signs, trees, and other related necessary work as determined by the Department of Public Works. Private streets shall be constructed with minimum one percent grades. A 3 1/2 foot wide concrete sidewalk shall be constructed on both sides throughout the subdivision as determined by the Department of Public Works. The concrete sidewalks shall have two percent cross slopes. At the driveway aprons to the single-family homes, the concrete sidewalk shall be constructed to comply with ADA requirements. Curb ramps shall be constructed at the intersection of private streets where there is a 3 1/2 wide sidewalk. Trees, fire hydrants, and street lights shall not be installed in the sidewalk area, but behind the sidewalks. Utility boxes shall not be installed in the driveway aprons.

4.

The applicant shall close any unused drive approach with standard concrete curb, gutter and sidewalk and shall repair any existing or newly damaged curb, gutter and sidewalk along the Rose Avenue frontage prior to the issuance of a Certificate of Occupancy. Existing street trees shall be protected using the City's Tree Protection Standards available from the Parks and Natural Resources Division (744-4514).

5.

Rose Avenue was slurry sealed in November 2004, and is a moratorium street. If damaged, the street shall be cold milled and then resurfaced with 0.1 foot thick overlay upon completion of the construction of the development. The limits of the resurfacing along the frontage of the subject property shall be based upon the damage to the pavement prior to and during the construction of the development, and as determined by the Department of Public Works.

The main entrances/exits on Rose Avenue shall be constructed as a standard street intersection consisting of curbs, gutters, wheelchair ramps with truncated domes, striping, and signage as approved by the City Engineer. The curb radius shall be 25 feet. A special texturing treatment shall be installed on the private street to delineate it as private.

7.

The applicant shall install "private street" signs at the main entrances/exits on Rose Avenue. Approval of the "private street" signs, including the locations for the signs, by both the Departments of Public Works and Transportation will be required prior to the installation of the signs.

8.

The applicant shall plant street trees, quantity to be determined by the Department of Public Works, on the private streets and Rose Avenue and install and permanently maintain an irrigation system for the trees. The trees shall be planted a minimum of three feet behind the sidewalk. Locations will be finalized in the field by the Department of Public Works. Trees must meet the City's tree stock standards and be planted according to the details provided by the Parks and Natural Resources Division. The trees shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy. Plans for the irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.

9.

The applicant shall submit to the Department of Public Works a grading and drainage plan and hydrology study for review and approval prior to the issuance of a building permit. The grading and drainage plan and the hydrology study shall be prepared by a licensed civil engineer registered in the State of California. The hydrology study shall include calculations for the quantities of storm water runoff for the pre-development and post development conditions and how drainage will be handled.

10.

On-site drainage shall be connected by a storm drain pipe to the existing City maintained storm drain system located in the Pasadena High School property along the south side of the proposed development that runs from Rose Avenue to Washington Boulevard. If easements are necessary for the storm drain connections, it is the applicant's responsibility to obtain the easements to be dedicated to the City from the Pasadena High School. The exact widths and limits of the easements, if needed, shall be determined by the Department of Public Works. The applicant shall be responsible for all the costs required to obtain and complete the easement dedications. Approval from the City Council will be required to complete the easement dedications. The storm drain connections shall be privately maintained by the property owners and HOA of the development. The City will not maintain the private storm drain connections.

11.

If the proposed improvement drains to the drive approaches at the main entrances/exits on Rose Avenue, the applicant shall construct side opening concrete culvert inlets to be located immediately upstream of the drive approaches. The culverts shall discharge to the street at an approved angle. Calculations shall be submitted showing that the street has the capacity to safely carry the flow of water from the site.

12.

The applicant shall install a street lighting system for the private streets. The type, hardware, and locations shall be approved by the Department of Public Works.

If the existing street lighting system along the project frontages is in conflict with the proposed development and or drive approaches at the main entrances/exits on Rose Avenue, it is the responsibility of the applicant to relocate the affected street lights, including conduits, conductors, electrical services, pull boxes and miscellaneous appurtenant work in a manner that complies with the requirements and receives the approval of the Department of Public Works.

14.

The applicant shall pay the City $1,865 for a site specific sewer capacity study, and for the applicant's share of the Citywide Sewer Master Plan study. The City has completed the site specific study and determined that the existing sewer system can accommodate the subject project.

15.

Each residential parcel shall be connected to the public sewer by a method approved by the Department of Public Works. Sewer mains shall be eight-inch diameter vitrified clay pipe and installed in the public utility easements. The house sewer connections shall be six-inch diameter vitrified clay or cast iron pipe with a minimum slope of two percent.

16.

The applicant is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer, registered in the State of California. Upon submission of improvement plans to the Department of Public Works for checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted and will be based upon the estimated cost for the Department to do the work.

17.

The applicant shall submit the following plan and form which can be obtained from the Recycling Coordinator, (626) 7444721, of the Department of Public Works for approval prior to the request for a demolition permit:

a.

C & D Recycling & Waste Assessment Plan - Submit plan prior to issuance of the permit. A list of Construction and Demolition Recyclers can be obtained from the Recycling Coordinator.

b.

Monthly reports must be submitted throughout the duration of the project.

c.

Summary Report with documentation must be submitted prior to final inspection.

A security performance deposit of three percent of the total valuation of the project or $30,000, whichever is less, is due prior to permit issuance. This deposit is fully refundable upon compliance with Chapter 8.62 of the Pasadena Municipal Code. A non-refundable Administrative Review fee is also due prior to permit issuance and the amount is based upon the type of project.

18.

Past experience has indicated that projects such as this tend to damage the abutting street improvements with the heavy equipment and truck traffic that is necessary during construction. Additionally, the City has had difficulty in requiring developers to maintain a clean and safe site during the construction phase of development. Accordingly, the applicant shall place a $20,000 deposit with the Department of Public Works prior to the issuance of a building or

grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the applicant will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping, slurry seal/resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. The deposit may be used for any charges resulting from damage to street trees. A processing fee will be charged against the deposit.

19.

Upon submission of the final tract map to the City for approval by the City Council, the applicant shall supply the City with 24 copies of the final map, and pay a flat fee of $100 to have appropriate record quality copies of the recorded map made by the City for public record purposes and a deposit (based on the current General Fee Schedule) to cover the cost of processing the final map. Currently, the County of Los Angeles Department of Public Works is utilizing the computer to update and digitize the countywide land use base. If the tract map is prepared using a computerized drafting system, it is recommended that the applicant's engineer submit a map in digital graphic format with the final Mylar map to the County of Los Angeles Department of Public Works for recordation and to the City of Pasadena Department of Public Works for incorporation into its GIS land use map. The City of Pasadena's GIS Coordinate System must be used for the digital file.

20.

The applicant's engineer shall be required to set boundary monuments on the proposed subdivision per Pasadena Municipal Code, Section 16.24.060, and furnish to the City a set of original field notes.

21.

All costs associated with these conditions shall be the applicant's responsibility. Unless otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits.

In addition to the above conditions, the requirements of the following ordinances will apply to the proposed project:

Sidewalk Ordinance - Chapter 12.04 of the Pasadena Municipal Code (PMC). In accordance with Section 12.04.031, entitled "Abandoned Driveways" of the PMC, the applicant shall close any unused drive approach with standard concrete curb, gutter and sidewalk. In addition, the applicant shall repair any existing or newly damaged sidewalk along the street frontages prior to the issuance of a Certificate of Occupancy or any building permit for work in excess of $5,000 pertaining to occupancy or construction on the property in accordance with Section 12.04.035, entitled "Inspection required for Permit Clearance" of the PMC.

City Trees and Tree Protection Ordinance - Chapter 8.52 of the PMC. The ordinance provides for the protection of specific types of trees on private property as well as all trees on public property. No street trees in the public right-of-way shall be removed without the approval of the Urban Forestry Advisory Committee.

Stormwater Management and Discharge Control Ordinance - Chapter 8.70 of the PMC. This project is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance which implements the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance. Information on the SUSMP requirements can be obtained from the Permit Center's webpage at:

which implements the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance. Information on the SUSMP requirements can be obtained from the Permit Center's webpage at:

http://www.cityofpasadena.net/permitcenter/ plansubreq/cndord.asp.

New Residential Impact Fee Ordinance - Chapter 4.17 of the PMC. The ordinance was established to provide funds to mitigate the impact of new residential development on City parks and park and recreational facilities. A copy of the Residential Impact Fee Information Packet can be obtained at the Permit Center's webpage at: http://www.cityofpasadena.net/permitcenter/FEES/fees.asp. The applicant shall make a payment based on the

applicable Residential Impact Fee Structure. Payment of the fee to the City shall be made at the Permit Center at 175 North Garfield Avenue.

22.

All construction designs and plans shall be submitted to and approved by the Fire Department prior to the issuance of any building permits.

23.

The applicant, or successor in interest, shall comply with any conditions adopted as part of any required approval as well as the code requirements from other departments.

24.

If the City of Pasadena and the Pasadena Unified School District do not construct the temporary partial cul-de-sac improvement, according to the agreement pursuant to the July 2006 Pasadena High School Pick-Up Drop-Off Program, the applicant will be required to pay his fair share contribution toward this improvement, prior to the Certificate of Occupancy.

(Ord. 7160 § 72, 2009; Ord. 7075, § 3, 2006)

PD — 33 - DESIDERIO

I. - GENERAL CONDITIONS FOR DESIDERIO PARK AND DESIDERIO HOMES

1.

Conformance with Plans. The site/floor/elevation plans submitted for building permits shall substantially conform to the plans submitted with the PD-33 application, on file in the Planning and Community Development Department, except as modified herein. Plans shall be submitted for review and approval by the Planning Director prior to the issuance of any project building/grading/foundation permits.

2.

Call for Review. The Planning & Community Development Director, at any time, can call for a review of the approved conditions at a duly noticed public hearing. These conditions herein may be modified or new conditions applied to reduce any unforeseen impacts during the construction or operation of the use.

3.

Hours of Construction. Construction and demolition activities shall be limited to between the hours of 7 am to 7 pm Monday through Friday, and from 8 am to 5 pm on Saturdays. No construction or demolition activities shall occur on Sundays or holidays.

4.

Noise Regulations. The applicant shall adhere to the City's noise regulations in accordance with Section 9.36 of the Pasadena Municipal Code.

5.

Other City Requirements. The applicant or successor in interest shall comply with the applicable code requirements of the Zoning Code and all other City Departments.

Mitigation Measures. The applicant or successor in interest shall comply with all of the mitigation measures of the Environmental Impact Report for "Reuse of the Desiderio Army Reserve Center," State Clearinghouse No. 2013091086, as follows:

Cultural Resources

(3.1-1) Prior to issuance of a certificate of occupancy for the project, the City shall install commemorative signage in locations visible from the public right of way that identifies the Desiderio USARC as an historic resource eligible for listing on the National Register of Historic Places.

(3.1-2) Prior to issuance of a demolition permit, the City shall retain for its records the Architectural Recordation and photo documentation prepared by the Army for the Desiderio USARC site and accepted by SHPO. The Architectural Recordation and photo documentation shall remain on file with the City. Acceptance of these documents will satisfy the requirements of Section 106.

(3.1-3) All grading activities and surface modifications must be confined to only those areas of absolute necessity to reduce any form of impact on unrecorded (buried) cultural resources that may exist within the confines of the project site. In the event that previously undetected archaeological, paleontological, and/or historical resources are found during construction, activity in the immediate area of the find shall stop and a qualified archaeologist or paleontologist, as applicable, shall be contacted to evaluate the resource(s). If the find is determined to be a historical or unique archaeological resource, as defined by CEQA, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be provided. Construction work may continue on other parts of the construction site while historical/archaeological mitigation takes place, pursuant to State CEQA Guidelines section 15064.5 (f) and Public Resources Code section 21083.2 (i).

(3.1-4) If human remains are encountered during excavation and grading activities within the project site, the contractor shall stop such activities. In the event of accidental discovery or recognition of any human remains there shall be no further excavation or disturbance of the subject site or any nearby areas reasonably suspected to overlie adjacent human remains and the following steps shall be taken:

•

If the remains are of Native American origin, either of the following steps will be taken:

•

The coroner should contact the Native American Heritage Commission in order to ascertain the proper descendants from the deceased individual. The coroner should make a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods, which may include obtaining a qualified archaeologist or team of archaeologists to properly excavate the human remains.

•

Implementing or local agencies or authorized representatives should retain a Native American monitor, and an archaeologist, if recommended by the Native American monitor, and rebury the Native American human remains and any associated grave goods, with appropriate dignity, on the property and in a location that is not subject to further subsurface disturbance when any of the following conditions occurs:

•

The Native American Heritage Commission is unable to identify a descendent.

•

The descendant identified fails to make a recommendation.

•

The implementing agency or its authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Hazards and Hazardous Materials

(3.2-1) Prior to issuance of a demolition permit, the City shall prepare a hazardous materials action plan in coordination with the City Fire Department. The plan shall provide clear direction as to the removal of known hazardous materials on the project site (ACMs, lead, and PCBs). Information included in the plan shall include the party responsible for the removal, applicable state and federal compliance measures, and a plan for disposal of hazardous materials.

Noise

(3.3-1) When demolition or construction operations occur within 100 feet of occupied residential areas, the construction contractor(s) shall implement appropriate best management practice (BMP) noise reduction measures.

•

Two weeks prior to the commencement of demolition or construction, notification shall be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.

•

Ensure that construction equipment is properly muffled according to industry standards and in good working condition.

•

Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.

•

Schedule high noise-producing construction activities between the hours of 8:00 AM and 5:00 PM to minimize disruption to sensitive uses.

•

Place noise blankets around stationary construction noise sources.

•

Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes.

•

Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.

II. - DESIDERIO PARK CONDITIONS

7.

Allowed Uses. Allowed uses shall be limited to "Park and Recreation Facilities" and other ancillary uses related to the park use as determined by the Zoning Administrator.

8.

Site Plan. Park layout should generally conform with the site plan submitted to the Planning Commission and City Council during the public hearings, with the addition of a public restroom. Any future modifications or additions that are deemed not to comply with the approved site plan shall require approval of a new Conditional Use Permit application.

9.

Parking. A minimum of ten on-site parking spaces and two handicapped parking spaces shall be provided in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. All parking aisles and parking spaces shall conform to the requirements of Chapter 17.46 (Parking and Loading) of the Pasadena Zoning Code.

10.

National Park Service Sign. The park shall include and forever maintain a conspicuous sign near the principal point of access to the property that states: "The National Park Service, U.S. Department of the Interior, donated this land to the City of Pasadena for public recreational use through the Federal Lands to Parks Program."

III. - DESIDERIO HOMES CONDITIONS

11.

Allowed Uses. The site shall be limited to single-family residential uses and other accessory uses related to the single family residential uses as determined by the Zoning Administrator.

12.

Maximum Number of Units. The maximum number of dwelling units shall not exceed nine units.

13.

Unit Size. All units shall be a maximum of 1,260 square feet.

14.

Building Height. Lots 1, 4, 5, and 9 shall be limited to one-story and 14 feet in height. Lots 2, 3, 6, 7 and 8 shall be limited to two stories and 23 feet in height. All garages and accessory structures shall be limited to one-story and 12 feet in height.

15.

Floor Area Ratio. The floor area ratio (FAR) of the overall site shall not exceed 29.5%. The individual lots shall have a maximum FAR of 31%.

16.

Maximum Lot Coverage. The lot coverage of the overall site shall not exceed 25%. The individual lots shall have a maximum lot coverage of 32%.

Setbacks.

a.

The front setback of each unit to the property line in the center of the courtyard shall be a minimum of 30 feet.

b.

The rear setbacks of each unit to the rear property line shall be a minimum of 45 feet.

c.

Setbacks from the detached garages to the rear property lines shall be a minimum of 12 feet for Lot 9, a minimum of 15 feet for Lots 1, 2, 3 and 4 and a minimum of 16 feet for Lots 5, 6, 7, and 8.

d.

The side setbacks of each unit shall be a minimum of 5 feet for all lots.

18.

Parking. A minimum of two covered parking spaces shall be provided for each unit in accordance with a detailed plan to be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. All parking areas shall conform to the requirements of Chapter 17.46 (Parking and Loading) of the Pasadena Zoning Code.

19.

Fences. Fences will be allowed up to six feet in height around the perimeter of the project site. Each Lot will be allowed to have fences up to six feet in height on the side property lines and across the rear of the property contiguous with the garage. No fences shall be permitted to block the driveway easements. No fences will be permitted in the front yards or in the courtyard.

20.

Temporary Fencing. Temporary construction fencing shall be permitted during the duration of the demolition and construction of buildings on site.

21.

Design Review. Design review for new construction and building alterations shall be in conformance with Table 6-3 of Section 17.61.030 (Design Review) of the Zoning Code. Projects up to 25,000 square feet of new construction shall be subject to review by the Planning Director.

22.

Landscape Review. The final landscape plans shall be submitted for review and approval by the Planning Director. Compliance with the tree protection ordinance will be monitored through the approved landscape plan depicting replacement trees during the design review phase of the Planned Development Plan implementation.

23.

Refuse Facilities. If the development includes a common trash enclosure area, it shall be provided in accordance with the requirements of Section 17.40.120 (Refuse Storage Facilities) of the Pasadena Municipal Code. Deliveries and trash pickup shall not occur between the hours of 7:00 p.m. and 7:00 a.m. daily.

24.

Mechanical Equipment. No mechanical equipment shall be permitted on any roof unless property screened, and located in an enclosure designed to be architecturally compatible with the building.

25.

Condition Monitoring. The project shall comply with all conditions of approval, and is subject to Condition Monitoring. Required fees for monitoring and inspections shall be paid on or after the effective date of the Planned Development, but prior to the issuance of any building permit. Contact the Code Compliance Staff at (626) 744-4633 to verify the fees and to schedule an inspection appointment time. All fees are to be paid to the cashier at the Permit Center located at 175 N. Garfield Avenue.

IV. - PUBLIC WORKS - DESIDERIO PARK AND DESIDERIO HOMES

26.

Desiderio Park. In order to provide for better traffic movement, improvements consisting of concrete curb, gutter, sidewalk, curb ramp, and other work necessary to construct a 15-foot radius curb at the northeast corner of Arroyo Boulevard and Westminster Drive shall be constructed for Parcel B-2. These improvements shall include the relocation and upgrading of affected catch basin, street lights, and various utilities. In addition, the portion of cross-gutter and/or spandrel area affected by the upgraded curb return shall be reconstructed, and the curb ramp in accordance with Standard Plan S-414 shall be reconstructed. An approximately 150 feet long of curb and gutter, 5-foot wide sidewalk, and 5-foot wide parkway on the north side of Westminster Drive fronting Parcel B-2 to match the existing condition on the east side of the street shall be constructed.

27.

Desiderio Homes. A 15-ft radius curb and gutter, with a 10-ft wide concrete sidewalk shall be constructed at the northeast corner of Westminster Drive and California Terrace, fronting Parcel A. In addition, the land to provide a 25-foot radius property line corner rounding and necessary to facilitate the abovementioned improvements shall be dedicated to the City. The dedication shall be shown on the final map for the subsequent subdivision of Parcel A.

28.

Desiderio Park and Desiderio Homes. All proposed drive approaches shall be constructed in accordance with Standard Drawing No. S-403. The existing gutter shall be cut as near the flow line and the paving shall not be disturbed.

29.

Desiderio Homes. The proposed development shall connect to the public sewer with one or more new six-inch diameter house sewers laid at a minimum slope of two percent. In accordance with PMC Chapter 13.24.010, house sewer "means that part of the horizontal piping beginning 24 inches from the exterior wall of the building or structure and extending to its connection with the public sewer." The section of house sewers within the public right-of-way - from the property line to the public sewer, or within easement, shall be vitrified clay or cast iron pipe. The house sewer shall meet City Standards as determined by the Department of Public Works, and a permit issued by the Department of Public Works is required for work within the public right-of-way. The construction of all new house sewers shall be completed prior to the issuance of Certificate of Occupancy.

In addition, each individual lot or parcel of land from the subsequent subdivision of Parcel A shall be separately connected to the public sewer by a method approved by the Department of Public Works.

30.

Desiderio Park and Desiderio Homes. If drainage patterns are altered, the applicant shall provide an approved method of controlling storm water runoff. Approval shall be made by both the Planning and Community Department and the

Department of Public Works prior to issuance of a grading or building permit for this site.

31.

Desiderio Homes. If the proposed improvement drains to the driveway, the applicant shall construct a non-sump grate drain in the driveway at the back of the sidewalk. This drain shall discharge to the street at an approved angle in a cast iron curb drain or an approved curb outlet. The construction of the grate drain shall be completed prior to the issuance of Certificate of Occupancy for Parcel A.

32.

Desiderio Park and Desiderio Homes. The applicant shall plant and maintain, for a period of three years, a maximum of three (3) (one fronting Parcel A and two fronting Parcel B-2) officially designated street trees per the City approved master street tree plan (Quercus Suber, Cork Oak) on the subject frontage, and install and maintain an irrigation system for the trees. Location(s) will be finalized in the field by the Department of Public Works. Plans for the irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.

e City approved master street tree plan (Quercus Suber, Cork Oak) on the subject frontage, and install and maintain an irrigation system for the trees. Location(s) will be finalized in the field by the Department of Public Works. Plans for the irrigation system shall be prepared by a landscape architect registered in the State of California and submitted to the Department for review and approval.

In addition, the applicant may be required to remove one existing tree and replace in kind. This requirement will be subject to further field evaluation by the Parks and Natural Resources (PNR) Division.

Tree(s) must meet the City's tree stock standards, be inspected by the City, and be planted according to the details provided by the Parks and Natural Resources (PNR) Division. PNR can be reached at (626) 744-3846. The tree(s) shall be approved by the Forestry Supervisor prior to the issuance of a Certificate of Occupancy. All new tree(s) shall be maintained by either an existing or a new irrigation system constructed by the applicant.

The applicant shall also submit a tree establishment deposit to guarantee the new tree(s) for a minimum of 90 calendar days. The maintenance within the establishment period shall consist of watering the new tree(s); the removal of weeds; the adjustment to grade of any trees that settle; and any other operations needed to assure normal tree growth. The applicant shall replace any tree(s) which, for any reason, die or are damaged under its care. The 90-day tree establishment period shall commence on the day that the Certificate of Occupancy is issued. Said deposit may be included as part of the construction guarantee if applicable, and is subject to partial refund or additional billing.

33.

Desiderio Park and Desiderio Homes. The existing street lighting system along Westminster Drive is substandard (or non-existent). In order to improve pedestrian and traffic safety, the applicant shall install a maximum of three (3) new street lights (one maximum fronting Parcel A and two maximum fronting Parcel B-2) on or near the frontage of the property along Westminster Drive, including conduits, conductors, electrical service (if necessary), pull boxes, and miscellaneous appurtenant work. The type and hardware shall conform to current policies approved by the City Council, and the location(s) shall be as approved by the Department of Public Works.

um fronting Parcel A and two maximum fronting Parcel B-2) on or near the frontage of the property along Westminster Drive, including conduits, conductors, electrical service (if necessary), pull boxes, and miscellaneous appurtenant work. The type and hardware shall conform to current policies approved by the City Council, and the location(s) shall be as approved by the Department of Public Works.

The applicant is responsible for the design, preparation of plans and specifications, and the construction of all required street light(s). Plans for the improvements shall be prepared by a civil engineer, registered in the State of California. Upon submission of improvement plans to the Departments of Public Works for checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted. In addition, there is possibly considerable lead-time for the materials required for street light construction. In order to avoid delays in the development schedule, the applicant shall coordinate with this office at 626-744-4195 regarding this street light condition at least five (5) months in advance of the anticipated issuance of Certificates of Occupancy.

Desiderio Homes. The subsequent developer for Parcel A is responsible for design, preparation of plans and specifications, and construction of all required public improvements. Plans for the above improvements shall be prepared by an engineer, registered in the State of California. Upon submission of improvement plans to the Public Works and Transportation Department for plan checking, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted and will be based upon the estimated cost to the department for the work. Civil engineering plans must be submitted to the Department of Public Works for approval of the public right-ofway improvements. Plans submitted to the Building Department do not satisfy this requirement.

35.

Desiderio Homes. Past experience has indicated that projects such as this tend to damage the abutting street improvements with the heavy equipment and truck traffic that is necessary during construction. Additionally, the City has had difficulty in requiring developers to maintain a clean and safe site during the construction phase of development. Accordingly, the subsequent developer for Parcel A shall place a $10,000 deposit with the Department of Public Works prior to the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the applicant will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping, slurry seal/ resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. This deposit may also be used for charges due to damage to existing street trees and for City personnel to review traffic control plans and maintain traffic control. A processing fee will be charged against the deposit.

36.

Desiderio Homes. Prior to the start of construction or the issuance of any permits, the subsequent developer for Parcel A shall submit a Construction Staging and Traffic Management Plan to the Department of Public Works for review and approval. The template for the Construction Staging and Traffic Management Plan can be obtained from the Department of Public Works webpage at:

http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklistsi/.

A deposit, based on the General Fee Schedule, is required for plan review and on-going monitoring during construction. This plan shall show the impact of the various construction stages on the public right-of-way including all street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. An occupancy permit shall be obtained from the department for the occupation of any traffic lane, parking lane, parkway, or any other public right-of-way. All lane closures shall be done in accordance with the WATCH Manual, current Edition. If the public right-of-way occupation requires a diagram that is not a part of the WATCH Manual, a separate traffic control plan must be submitted as part of the Construction Staging and Traffic Management Plan to the department for review and approval.

In addition, prior to the start of construction or the issuance of any permits, the applicant shall conduct a field meeting with an inspector from Department of Public Works for review and approval of construction staging, parking, delivery and storage of materials, final sign-off procedure, and any of the specifics that will affect the public right-of-way. An appointment can be arranged by calling 626-744-4195.

37.

Desiderio Homes. The applicant's engineer shall be required to set boundary monuments on the proposed subdivision per Pasadena Municipal Code, Section 16.24.060, and furnish to the City a set of original field notes.

38.

Desiderio Homes. Upon submission of the final parcel map to the City for approval by the City Council, the applicant shall supply the City with the final map and a deposit (based on the current General Fee Schedule) to cover the cost of processing the final map. The applicant shall complete all required conditions before City's approval, or provide a Letter

of Credit or cash deposit to cover all unfinished public improvements as quantified in an approved cost estimate. Currently, the County of Los Angeles Department of Public Works is utilizing the computer to update and digitize the countywide landbase. It is required that the applicant's engineer submit a map in digital format with the final Mylar map to the County of Los Angeles Department of Public Works for recordation and to the City of Pasadena Department of Public Works for incorporation into its GIS landbase map. The City of Pasadena's GIS Coordinate System must be used for the digital file. The applicant's engineer shall contact the City to obtain information on the City's GIS Coordinate System prior to preparation of the digital file.

39.

Desiderio Homes. All costs associated with these conditions shall be the applicant's responsibility. Unless otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits.

40.

Desiderio Park and Desiderio Homes. In addition to the above conditions, the requirements of the following ordinances shall apply to the proposed parcel map and any subsequent subdivision:

a.

Sewer Facility Charge - Chapter 4.53 of the PMC

The ordinance provides for the sewer facility charge to ensure that new development within the city limits pays its estimated cost for capacity upgrades to the city sewer system, and to ensure financial solvency as the city implements the operational and maintenance practices set forth in the city's master sewer plan generated by additional demand on the system. Based on sewer deficiencies identified in the City's Master Sewer Plan, the applicant may be subject to a Sewer Facility Charge to the City for the project's fair share of the deficiencies. The Sewer Facility Charge is based on the Taxes, Fees and Charges Schedule and will be calculated and collected at the time of Building Permit Issuance.

b.

Residential Impact Fee Ordinance - Chapter 4.17 of the PMC

The ordinance was established to provide funds to mitigate the impact of new residential development on City parks and park and recreational facilities. A copy of the Residential Impact Fee Information Packet is available at the city webpage at:

http://www.ci.pasadena.ca.us/PublicWorks/Engineering Division/

The Residential Impact Fee is based on the current Taxes, Fees and Charges Schedule (http://www.ci.pasadena.ca.us/Finance/Fees and Tax Schedules/) and will be calculated and collected at the time of Building Permit Issuance.

The building plans shall include, preferably on the title sheet, a summary of all living units to capture the number of different units; number of bedrooms in each unit; and types of units (Regular, Workforce housing, Skilled nursing unit, Student housing, Residential care facility for the elderly, Affordable Housing). The definitions on the different types of units are available in the abovementioned Residential Impact Fee Information Packet as well as in the Pasadena Municipal Code.

c.

Sidewalk Ordinance - Chapter 12.04 of the Pasadena Municipal Code (PMC)

In accordance with Section 12.04.035, entitled "Abandoned Driveways" of the PMC, the applicant shall close any unused drive approach with standard concrete curb, gutter and sidewalk. In addition, the applicant shall repair any

existing or newly damaged sidewalk along the subject frontage prior to the issuance of a Certificate of Occupancy or any building permit for work in excess of $5,000 pertaining to occupancy or construction on the property in accordance with Section 12.04.031, entitled "Inspection required for Permit Clearance" of the PMC.

d.

City Trees and Tree Protection Ordinance - Chapter 8.52 of the PMC

The ordinance provides for the protection of specific types of trees on private property as well as all trees on public property. No street trees in the public right-of-way shall be removed without the approval of the Urban Forestry Advisory Committee.

e.

Stormwater Management and Discharge Control Ordinance - Chapter 8.70 of the PMC

This project is subject to the requirements of the City's Storm Water and Urban Runoff Control Regulation Ordinance which implements the requirements of the Regional Water Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance. Information on the SUSMP requirements can be obtained from the Permit Center's webpage at http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklists/

f.

Construction and Demolition Waste Ordinance, Chapter 8.62 of the PMC

The applicant shall submit the following plan and form which can be obtained from the Permit Center's webpage at http://cityofpasadena.net/PermitCenter/Plans_Submittal_Checklists/ and the Recycling Coordinator, (626) 744-7175, for approval prior to the request for a permit:

i.

C & D Recycling & Waste Assessment Plan - Submit plan prior to issuance of the permit. A list of Construction and Demolition Recyclers can be obtained from the Recycling Coordinator.

ii.

Monthly reports must be submitted throughout the duration of the project.

iii.

Summary Report with documentation must be submitted prior to final inspection.

A security performance deposit of three percent of the total valuation of the project or $30,000, whichever is less, is due prior to permit issuance. This deposit is fully refundable upon compliance with Chapter 8.62 of the PMC. A nonrefundable Administrative Review fee is also due prior to permit issuance and the amount is based upon the type of project.

V. - FIRE DEPARTMENT

41.

Building and Fire Codes. All new and existing building upgrades shall comply with the requirements of California Building Code (CBC) and California Fire Code (CFC) and Pasadena Municipal Code.

VI. - DEPARTMENT OF TRANSPORTATION

42.

Parking. In accordance with Chapter 17, Section 50.160 (K.) of the Pasadena Municipal Code, City Permits for overnight parking on City streets will not be issued to future tenants at this address. The applicant shall advise future occupants of the unavailability of on-street overnight parking permits.

43.

Construction Staging & Traffic Management. Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging & Traffic Management Plan to the Department of Public Works for review and approval. This plan shall show the impact of the various construction stages on the public right-of-way including street occupations, parking space relocation agreements, closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. Permitted hours for construction may be limited due to construction activities bordering the project site.

(Ord. 7253 § 3, 2015)

PD — 34 - 100 West Walnut Planned Development

Planned Development 34 - 100 West Walnut shall comply with Pasadena Municipal Code Chapter 17.30 Central District Specific Plan, the Central District Specific Plan Design Guidelines, and the Citywide Design Guidelines as of April 27, 2015. The following zoning standards shall apply and supersede any inconsistent or different standards established by Pasadena Municipal Code Chapter 17.30 Central District Specific Plan and the Central District Specific Plan Design Guidelines, but only for the development plan referred to in Section 2 of Ordinance 7260. The special development standards are as follows:

A.

Development Program. Planned Development 34's Development Program includes Areas A, B, and C as shown in Exhibit A - Site Plan Areas. The land uses and maximum development areas shall be regulated by Table I Development Program.

B.

Allowable land uses and permit requirements. Table II Allowable Land Uses and Permit Requirements identifies the land uses allowed in each Planned Development Area, and the land use permit required to establish each use, in compliance with applicable sections in the Pasadena Zoning Code Ordinance #7000 as specified.

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

Wireless telecommunication facilities, — MC MC 17.50.310 minor

A.

Maximum Number of Units. There shall be a maximum of 475 residential units.

B.

Maximum Amount of New Commercial Development. There shall be a maximum of 630,000 square feet of new commercial floor area.

C.

New Construction. New construction shall provide for planned development of residential and related retail development in Area A, and commercial development in Areas B and C pursuant to the development areas plan attached as Exhibit A and Table I Development Program.

1.

Floor Area. New construction shall not exceed 1.191 million square feet of floor area, including 630,000 square feet of commercial uses and 561,000 square feet of residential uses. All new construction documents shall include a totalization sheet tracking square footages and building heights to ensure the project complies with the maximum floor area of this PD and the height averaging requirements of the Pasadena Zoning Code at buildout.

2.

Floor-Area Ratio. The PD shall not exceed an overall 2.15 maximum FAR.

3.

Maximum Lot Coverage. The maximum lot coverage shall not exceed 65 percent of the total land area.

4.

Setbacks. Setbacks shall comply with the following:

i.

Fair Oaks Avenue, Area A: 0 feet build to property line.

ii.

Fair Oaks Avenue, Area B: 0 feet build to property line.

iii.

Walnut Street: 10 feet maximum.

iv.

Pasadena Avenue: 10 feet maximum.

v.

Holly Street, Area A: 8 feet maximum.

vi.

Holly Street, Area C: 10 feet maximum.

5.

Building Length and Building Articulation Standards. Maximum building length and building articulation shall comply with Table III Building Length and Building Articulation Standards subject to the review of the Design Commission.

Pasadena Avenue

6.

Retail uses along Fair Oaks Avenue frontage. In order to maintain retail continuity within principal shopping areas, ground floor housing is prohibited along Fair Oaks Avenue. The ground floor along Fair Oaks Avenue shall be limited to pedestrian-oriented uses classified under "Retail Uses" and "Services" that are identified in Table II Allowable Land Uses and Permit Requirements and shall have a minimum depth of 40 feet.

7.

Open Space. Open space requirements shall be as follows:

a.

Area A - Residential.

i.

Minimum of 200 square feet of usable open space per residential unit, of which up to 50 percent, or up to 100 square feet, may be provided as a balcony or similar area only available to the occupant of the residential unit.

ii.

A minimum of 65 percent of the usable open space, excluding balconies/patios/terraces, would be located outdoors; and courtyards shall comprise a minimum of 25 percent of the total usable open space and each courtyard shall be a minimum of 400 square feet in area with a minimum dimension in any direction of 15 feet, with at least 25 percent of the courtyard area being dedicated to plantings.

b.

Primary and secondary open space areas.

i.

Primary - Holly Plaza shall be a minimum of 35,000 square feet in area with a minimum linear frontage of 200 feet along Holly Street and a minimum depth of 50 feet at any location. Twenty percent of the plaza area dedicated to plantings.

ii.

Secondary open space areas shall be a minimum of 20,000 square feet in area, each area shall be a minimum of 3,000 square feet with a minimum dimension of 50 feet in all directions. Twenty percent of the secondary open space areas dedicated to plantings.

c.

Paseos.

i.

Paseo-lined streets. On-site paseo systems connect the primary and secondary open space areas as well as provide paseo-lined streets connecting to Fair Oaks Avenue, Holly Street, Leonard J. Pieroni Street, and Pasadena Avenue. Paseo-lined streets shall include accommodations for pedestrians and have sidewalks with a minimum width of 10 feet for pedestrian use and may have planted areas.

ii.

Private paseos. Private paseos provide visual access from Fair Oaks Avenue and Holly Street into the residential component located in Area A. A minimum of two private paseos shall be located along Fair Oaks Avenue and a minimum of one private paseo shall be located along Holly Street. All private paseos shall be a minimum of 20 feet in width, have a height equivalent to tow residential stories, and have a depth of view that is no less than the depth of the building or buildings that border the private paseo. To spatially distribute the private paseos along the respective street frontages, the private paseos along Fair Oaks Avenue shall be at least 100 feet apart and 50 feet from Holly Street. The private paseos along Holly Street shall be at least 50 feet apart from Fair Oaks Avenue.

8.

Design Review. New construction shall be subject to Design Review as required by Pasadena Municipal Code Section 17.61.030 Design Review.

9.

Public Art. New construction shall comply with the Public Art Design Standards of Pasadena Municipal Code Section 17.40.100 Public Art Requirements and Design Standards.

10.

Parking. Parking for new construction shall be provided as follows:

11.

Signage. A master sign plan shall be prepared and administered in accordance with Pasadena Municipal Code Chapter 17.48 Signs. The Master Sign Plan shall comply with Table IV Signage Regulations.

D.

Streetscapes. Streetscape improvements for Holly Street and Leonard J. Pieroni Drive (formerly North De Lacey Avenue) shall comply with the Old Pasadena Streetscapes and Alley Walkways Refined Concepts Plan (adopted by City Council on July 24, 1995) and the Old Pasadena Streetscapes and Alley Walkways Elements Specifications (adopted by City Council on March 18, 1996).

E.

Mitigation Measures. The applicant, or successor in interest, shall meet all mitigation measures identified in the Final approved Mitigation Monitoring Program and will participate in an on-going mitigation monitoring program to ensure the appropriate implementation of the mitigation measures and conditions of approval.

==> picture [386 x 426] intentionally omitted <==

==> picture [386 x 343] intentionally omitted <==

PD — 35 - Colorado Hill Planned Development

Planned Development 35 — Colorado Hill Planned Development shall apply and supersede any inconsistent or different standards established by Title 17 of the Pasadena Municipal Code, but only for the development plan referred to in Section One of Ordinance No. 7296. Except as expressly provided in PD-35, PD-35 shall comply with all the requirements established by Title 17 of the Pasadena Municipal Code. The special development standards are as follows:

A.

Development Program. The PD-35 Development Plan includes a "north parcel" and "south parcel" as illustrated below:

==> picture [322 x 367] intentionally omitted <==

B.

Modification to the Boundaries of the PD. Should the exterior boundary of the north parcel or south parcel change resulting from subdivision or change in ownership, the PD shall be amended to reflect the new boundary of the parcel(s) and modify any applicable development standard(s), as necessary to reflect the new boundary.

C.

Applicability of PD Standards. The development standards prescribed for the north parcel shall apply to the entirety of the north parcel, as illustrated above. The development standards prescribed for the south parcel shall apply to entirety of the south parcel, as illustrated above. In the event either parcel is subdivided, their respective development standards shall not apply.

D.

North Parcel. The north parcel shall be developed as follows:

1.

Allowed Uses. The following land uses shall be permitted:

i.

"Lodging — Hotels, motels (land use)" subject to the specific land use standards as required by PMC Section 17.50.150.

ii.

"Retail Sales" subject to the requirements of the ECSP-CG-2 zoning district as illustrated in Table 3-3 of PMC Section 17.31.040.

iii.

"Services Uses" subject to the requirements of the ECSP-CG-2 zoning district as illustrated in Table 3-3 of PMC Section 17.31.040.

2.

Maximum Amount of New Commercial Development. There shall be a maximum of 332,690 square feet of new commercial floor area allowed on the north parcel meeting the land use classification of "Lodging — Hotels, motels". There shall be a minimum of 16,400 square feet of new commercial floor area allowed on the north parcel meeting the land use classification of "Retail Sales" or "Services Uses". The maximum new commercial floor area, in total, allowed on the north parcel shall not exceed 349,090 square feet.

3.

Requirement for Pedestrian Oriented Uses. "Retail Sales" and "Services Uses" shall additionally meet the land use classification of "Pedestrian-Oriented Uses (land use)" as defined in PMC Section 17.80.020.

4.

Maximum Number of Guest Rooms. There shall be a maximum number of 375 guest rooms allowed on the north parcel.

5.

Maximum Floor Area Ratio. The maximum floor area ratio on the north parcel shall not exceed 2.70.

6.

Maximum Lot Coverage. The maximum lot coverage on the north parcel shall not exceed 70 percent.

7.

Setbacks. Setbacks on the north parcel shall be provided as follows:

i.

Front Setback. A zero-foot minimum to five-foot maximum setback shall be provided.

ii.

Corner Side Setback. A zero-foot minimum to five-foot maximum setback shall be provided.

iii.

Side Setback. A zero-foot minimum to five-foot maximum (200′ from Colorado Boulevard on Holliston) setback shall be provided.

iv.

Side Setback. A five-foot minimum setback shall be provided elsewhere on Holliston.

v.

Rear Setback. A five-foot minimum setback shall be provided.

The required front and corner-side setback shall be used for expanded sidewalk treatment and/or pedestrian area (hardscape). Additional front or corner yard setbacks are allowed only to create space for streetside plazas, patios, and building entrances.

8.

Maximum Height. The maximum height of the structure on the north parcel shall not exceed 78.5 feet in height. A rooftop pool and bar area, and other appurtenances, as illustrated on the site plan approved as part of the PD, shall be allowed up to a maximum height of 90 feet.

9.

Driveway Access. Driveway access on the north parcel shall be provided as follows.

i.

Along Colorado Boulevard, no more than two curb cuts shall be provided.

ii.

Along North Hill Avenue, no more than one curb cut shall be provided.

iii.

Along Holliston Avenue, no more than one curb cut shall be provided.

E.

South Parcel. The south parcel shall be developed as follows:

1.

Allowed Uses. The following land uses shall be permitted:

i.

"Single-Room Occupancy (land use)" subject to the specific land use standards as required by PMC Section 17.50.300.

ii.

"Mixed-Use Project (land use)" subject to the specific land use standards as required by PMC Section 17.50.160.

iii.

"Retail Sales" subject to the requirements of the ECSP-CG-2 zoning district as illustrated in Table 3-3 of PMC Section 17.31.040.

iv.

"Services Uses" subject to the requirements of the ECSP-CG-2 zoning district as illustrated in Table 3-3 of PMC Section 17.31.040.

2.

Conditionally Permitted Uses. The following land uses shall be allowed with a Conditional Use Permit:

i.

"Lodging — Hotels, motels (land use)" subject to the specific land use standards as required by PMC Section 17.50.150.

3.

Maximum Amount of New Commercial Development. There shall be a maximum of 79,595 square feet of new commercial floor area allowed on the south parcel meeting the land use classification of "Single-Room Occupancy (land use)" and a minimum of 10,000 square feet of new commercial floor area allowed on the south parcel meeting the land use classification of "Retail Sales" or "Services Uses", as described above. The maximum commercial floor area, in total, allowed on the south parcel shall not exceed 89,595 square feet.

Should the developer alternatively proceed with a project meeting the land use classification of "Mixed-Use Project (land use)", there shall be a maximum of 89,595 square feet of new commercial floor area, where a maximum 79,595 square feet is dedicated to residential units and a minimum of 10,000 square feet meets the land use classification of "Retail Sales" or "Services Uses", as described above.

uld the developer alternatively proceed with a project meeting the land use classification of "Mixed-Use Project (land use)", there shall be a maximum of 89,595 square feet of new commercial floor area, where a maximum 79,595 square feet is dedicated to residential units and a minimum of 10,000 square feet meets the land use classification of "Retail Sales" or "Services Uses", as described above.

Should the developer alternatively proceed with a project meeting the land use classification of "Lodging — Hotels, motels (land use)", there shall be a maximum of 89,595 square feet of new commercial floor area, where a maximum 79,595 square feet is dedicated to a hotel use and 10,000 square feet of meets the land use classification of "Retail Sales" or "Services Uses" as described above. A "Lodging — Hotels, motels" land use shall be allowed only upon issuance of a Conditional Use Permit.

4.

Requirement for Pedestrian Oriented Uses. "Retail Sales" and "Services Uses" shall additionally meet the land use classification of "Pedestrian-Oriented Uses (land use)" as defined in PMC Section 17.80.020.

5.

Requirement for Student Occupancy. In the event the south parcel is developed with a "Single-Room Occupancy" land use, occupancy shall be limited to students. This shall be demonstrated to the satisfaction of the Zoning Administration prior to the issuance of Certificate of Occupancy.

6.

Maximum Number of Dwelling Units. There shall be a maximum number of 100 SRO dwelling units or 50 "mixed-use" residential dwelling units allowed on the south parcel.

7.

Maximum Floor Area Ratio. The floor area ratio on the south parcel may exceed 2.25 up to a maximum of 2.90, subject to the Design Commission determining, as part of Design Review, that the architectural design of development on the south parcel complies with Zoning Code Section 17.26.020.C.3.d.1.a.

8.

Maximum Lot Coverage. The maximum lot coverage on the south parcel shall not exceed 75 percent.

9.

Setbacks. Setbacks on the south parcel shall be provided as follows:

i.

Front Setback. A zero-foot minimum to five-foot maximum setback shall be provided.

ii.

Corner Side Setback. A five-foot minimum to ten-foot maximum setback shall be provided.

iii.

Side Setback. A five-foot minimum setback shall be provided.

iv.

Rear Setback. A five-foot minimum setback shall be provided.

The required front and corner-side setback shall be used for expanded sidewalk treatment and/or pedestrian area (hardscape). Additional front or corner yard setbacks are allowed only to create space for streetside plazas, patios, and building entrances.

10.

Maximum Height. The maximum height of the structure shall not exceed 48 feet in height. See Section 17.40.060 for height measurement and exceptions to height limits.

F.

North and South Parcels. The north parcel and south parcel shall be subject to the following:

1.

Design Review. New construction shall be subject to Design Review as required by Pasadena Municipal Code Section 17.61.030 Design Review.

2.

Public Art. New construction shall comply with the Public Art Design Standards of Pasadena Municipal Code Section 17.40.100 Public Art Requirements and Design Standards.

3.

Sale of Alcohol. Alcohol sales (beer and wine) or alcohol sales (full alcohol sales) shall require issuance of a Conditional Use Permit (see ECSP-CG-2 requirements in Table 3-3 of Pasadena Municipal Code Section 17.31.040) and compliance with specific use standards in Pasadena Municipal Code Section 17.50.040. This requirement applies individually to uses and/or tenant spaces occurring on the north parcel or south parcel, respectively.

4.

Parking. Parking shall be provided consistent with Pasadena Municipal Code Chapter 17.46 (Parking and Loading).

5.

Shared Parking. Approval of a Minor Conditional Use Permit shall be required for the sharing of parking and/or loading spaces, in either the north parcel or south parcel, to uses other than those occurring on the project site, subject to Pasadena Municipal Code Section 17.46.050 (Shared Parking).

6.

Signage. An individual master sign plan shall be prepared for the north parcel and south parcel, administered in accordance with Pasadena Municipal Code Chapter 17.48 (Signs).

Performance Standards. The performance standards of Section 17.40.090 shall apply.

(Ord. 7296 § 3 (Exh. B), 2017)

PD — 39 - The Affinity

Planned Development 39 - The Affinity shall comply with Pasadena Municipal Code Chapter 17.30 Central District Specific Plan and the Central District Specific Plan Design Guidelines. The following zoning standards shall apply and supersede any inconsistent or different standards established by the Pasadena Municipal Code, Central District Specific Plan and the Central District Specific Plan Design Guidelines, but only for the development plan referred to in Section 1 of Ordinance 7409. The special development standards are as follows:

A.

Development Program. The PD-39 Development Plan includes Area 1 and Area 2 as shown in Figure 1.

==> picture [343 x 151] intentionally omitted <==

B.

Allowed Uses. Table I (Land Use and Permit Requirements) identifies the land uses allowed and the land use permit required to establish each use, in compliance with applicable sections of Title 17 of the Pasadena Municipal Code as specified.

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

C.

Development Caps. Maximum development capacity is provided in Table II.

a Up to 98,576 square feet of floor area may include independent living units. b Up to 95 dwelling units may be provided as independent living units.

D.

Land Use Exchange. Up to 151,000 square feet of floor area in Area 1 may be devoted to multifamily residential dwelling units with up to a maximum of 3,000 square feet, on the ground floor, devoted to commercial uses. Residential amenities, including but not limited to a leasing office, gym, kitchen, conference, etc., shall not be counted against the maximum commercial square feet. The residential use shall be permitted by right in the area depicted as Building A in the approved plans dated November 21, 2022. The review of the CUP shall not require the Hearing Officer make the findings required by PMC 17.61.050.H. Instead, the review of the CUP shall only require the Hearing Officer make two (2) findings:

1)

The residential development complies with applicable provisions of this PD and applicable provisions of the Zoning Code; and

2)

A medical office/research building is not economically viable or financeable.

E.

Development Standards

1.

New Construction. Area 1 shall not exceed a maximum of 338,376 gross square feet of new construction. Inclusive of Area 1 and Area 2, the total Development Program shall not exceed 417,929 gross square feet.

2.

Floor Area Ratio (FAR). The Development Program shall not exceed a maximum FAR of 2.89.

3.

Density. The Development Program shall not exceed a maximum residential density of 87 dwelling units per acre.

4.

Dwelling Units. The Development Program shall not exceed an aggregate of 289 dwelling units. Notwithstanding any other provision of the Pasadena Municipal Code, residential uses and units shall be permitted on the ground floor.

5.

Setbacks and Sidewalks. Minimum setbacks as measured from the existing property line shall be as set forth:

a.

Bellevue Drive. A zero-foot minimum.

b.

Arroyo Parkway. A zero-foot minimum*.

c.

California Boulevard. A zero-foot minimum*.

d.

Interior. A zero-foot minimum.

*In the area depicted as Building A in the approved plans dated November 21, 2022, the top two floors shall provide a minimum 15-foot stepback measured from the outside building edge of the fourth floor along Arroyo Parkway and California Boulevard.

The existing sidewalk along Arroyo Parkway is 10' wide. Notwithstanding the minimum setbacks listed above, the project shall provide a 5' sidewalk easement on the ground floor to allow for a 15' wide concrete sidewalk that will begin south of the existing historic commercial building to be retained at 523 South Arroyo Parkway to California Boulevard. Up to six columns may encroach up to 5' into the sidewalk easement, spaced a minimum of 20' apart. Any and all subsurface shoring, structure, parking or other required mechanical, electrical spaces may encroach to the existing property line. The remainder of the existing sidewalk along Arroyo Parkway shall remain 10' wide.

The existing sidewalk along California Boulevard is 10' wide. Notwithstanding the minimum setbacks listed above, the project shall provide a 5' sidewalk easement on the ground floor to allow for a 15' wide concrete sidewalk along the project's frontage. Up to six columns may encroach up to 3' into the sidewalk easement, spaced a minimum of 20' apart. Any and all subsurface shoring, structure, parking or other required mechanical, electrical spaces may encroach to the existing property line.

6.

Building Height. Maximum building height shall be as set forth in Table III below. Except as otherwise specified below, the height of each 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, as defined in Pasadena Municipal Code Section 17.40.060, Height Requirements and Exceptions. Building appurtenances shall comply with Pasadena Municipal Code Section 17.40.060(D).

*The maximum allowed height in the area depicted as Building A in the approved plans dated November 21, 2022, shall be 75 feet where developed for residential dwelling units with ground floor commercial. The maximum allowed height in the area depicted as Building A in the approved plans dated November 21, 2022, shall be 80 feet where developed for medical office/research with ground floor commercial. For purposes of this condition, maximum height shall be measured from the lowest elevation at the existing grade of an exterior wall at South Arroyo Parkway to the top plate of the structure, as defined at Pasadena Municipal Code Section 17.80.020.

7.

Parking. Every new use, including a change or expansion of a use shall maintain off-street parking in compliance with requirements in Pasadena Municipal Code Chapter 17.46 and Section 17.50.340 as applicable. Notwithstanding these

requirements and Table 4-6, required parking for independent living units in a life/care facility shall be the same as required parking for multi-family residential units, and required parking for assisted living units in a life/care facility shall be 0.5 spaces per unit, and one guest parking space for every 10 units (sum of independent and assisted living) shall be required. The following types of parking shall also be allowed:

a.

Valet Parking. Valet parking on private property shall be allowed.

b.

Tandem & Triple Stack Parking. Notwithstanding Pasadena Municipal Code Section 17.46.080, tandem and triple stack parking shall be allowed for all uses. In the event that tandem or triple stack parking is provided for uses other than multi-family residential, independent living units, or commercial uses where the parking spaces are managed by individual building tenants or a third party, a parking attendant shall be on duty at all times the parking facility is available for tandem or triple stack parking by such uses. Tandem spaces shall be no less than nine feet wide by 34 feet deep. Triple stack spaces shall be no less than nine feet wide by 51 feet deep. Automated parking car lifts shall not be subject to these stall dimensions.

c.

Compact Parking. Notwithstanding Pasadena Municipal Code Section 17.46.090, compact parking spaces shall be permitted for up to 30 percent of the total provided parking stalls. Compact parking spaces shall be at least 15 feet long and 7 feet 6 inches wide.

d.

Automated Parking. Automated parking, defined as vehicular storage and retrieval within a parking facility that is accomplished entirely using a mechanical conveyance system and/or computerized parking system to hoist individual vehicles from receiving areas to separate storage areas without requiring an attendant to maneuver a vehicle that is to be parked, shall be permitted for all provided parking. If automated parking is provided, automated parking storage areas may include compact parking spaces.

8.

Residential Open Space. If residential units are developed in Area 1 per Section D, a minimum of 140 square feet of open or community space per residential dwelling unit shall be required. Private open space shall not exceed 60 percent of the total requirement for community space, notwithstanding Sections 17.50.160 and 17.50.350 or any other section of the Zoning Code.

9.

Design Review. New construction shall be subject to Design Review as required by Pasadena Municipal Code Section 17.61.030 Design Review.

10.

Public Art. New construction shall comply with the Public Art Design Standards of Pasadena Municipal Code Section 17.40.100 Public Art Requirements and Design Standards.

11.

Signage. A master sign plan shall be prepared in accordance with Pasadena Municipal Code Chapter 17.48.

(Ord. No. 7409, § 3, 1-26-2023)