Chapter 153 — ZONING CODE

This chapter shall be known as the Zoning Code of the city.

('65 Code, § 9-3.101) (Ord. 556, passed - - )

To provide the economic and social advantages resulting from an orderly planned use of land resources and to conserve and promote the public health, safety, and general welfare, there is hereby adopted and established a Zoning Code for the city. ('65 Code, § 9-3.102) (Ord. 556, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY. A building or use which is subordinate to the main building or use and used for purposes customarily incidental to those of the main building or use on the same lot. ('65 Code, § 9-3.202) (Ord. 556, passed - -) ACCESSORY DWELLING UNIT (ADU). A constructed (detached or attached) or converted permanent living unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel upon which the primary single-family residence is situated. ADU shall include an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1, and a manufactured home, as defined in Cal. Health and Safety Code § 18007. ADULT ORIENTED MERCHANDISE. Merchandise such as books, videos, toys, contraception, lotions and sprays characterized by an emphasis on matter used for, depicting, describing or relating to specified sexual activities or male/female anatomical parts as detailed in §121.01. (Ord. 520-C.S., passed 11-4-03) ALCOHOLIC BEVERAGES. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances. ('65 Code, § 9-3.203) (Ord. 955, passed - - ) AUTOMOBILE LUBE AND TUNE FACILITY. An establishment that provides minor maintenance services for automobile engines and brake systems. Such businesses are characterized by short service visits. Overnight outdoor parking or storage of automobiles being serviced is prohibited. (‘65 Code, § 9-3.203.2) (Ord. 455-C.S., passed 11-21-95) BEDROOM. A room that is at least 70 square feet in size, contains a closet, and is capable of being used for sleeping purposes, but is not designated as a kitchen, dining room, living room, family room, bathroom, or den. BLOCK. One side of a street between two intersecting streets or between an intersecting street and the end of a street. ('65 Code, § 9-3.204) (Ord. 556, passed - - ) BOARDING HOUSE. A building, or portion thereof, which is used to accommodate, for compensation, not more than five boarders and/or roomers in addition to the members of the occupant's immediate family occupying such building. ('65 Code, § 9-3.205) (Ord. 556, passed - - ) BUILDING or STRUCTURE. A structure having a roof supported by columns or walls and shall include all forms of vehicles permanently located. The word BUILDING shall include the word STRUCTURE. ('65 Code, § 9-3.207) (Ord. 556, passed - - ) BUILDING HEIGHT. The vertical distance measured from the average (mean) natural grade of the lot, including semi-subterranean garages, to the highest point of the structure, exclusive of chimneys and ventilators. BUILDING HEIGHT for subterranean garages is the vertical distance measured from top of curb at the right-of-way line to the highest point of the structure as shown in the illustration. In cases of ambiguity and for unique architectural elements, the determination of building height will be determined by the Community Development Director. ('65 Code, § 9-3.208) (Ord. 556, passed - - ; Am. Ord. 535-C.S., passed 1-20-04) BUILDING SITE. The floor area of a building, together with all open spaces, as required by the provisions of this chapter. ('65 Code, § 9-3.209) (Ord. 556, passed - - ) CISTERN. A reservoir, tank, or container for storing or holding water. A CISTERN may be used to retain stormwater for on-site landscaping or other purposes. CLUB. An association of persons, whether incorporated or unincorporated, for some social or cultural purpose, and usually characterized by certain membership qualifications, payment of dues and/or fees, regular meetings and a constitution, charter and/or bylaws, but shall not include groups organized primarily to render a service carried on as a commercial enterprise. (‘65 Code, § 9-3.210) (Ord. 556, passed - - ) COLD FRAME. An unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold. COMMISSION. The Planning Commission of the city. (‘65 Code, § 9-3.211) (Ord. 556, passed - - ) COMMON AREAS. Recreational and leisure areas, other than private areas, which are conveniently located and accessible to all residents of a multi-family project. (Ord. 535C.S., passed 1-20-04) COMMUNITY GARDEN. A piece of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. COMMUNITY GARDENS may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. Sites are typically managed by public or civic entities, nonprofit organizations or other community-based organizations that are responsible for maintenance and operations. COMPOSTING BINS. A bin into which is placed grass clippings, leaves, vegetable and fruit peelings, and/or other organic waste, in order to create compost. Enclosed bins provide an alternative to heaping or piling yard debris. Worm bins allow for organic kitchen scraps to be converted to organic soil conditioner. CONSTRUCTED ACCESSORY DWELLING UNIT (ADU). The development of the second residential unit, detached or attached to the primary unit, by adding new square footage to the lot. CONVERTED ACCESSORY DWELLING UNIT (ADU). The development of the second residential unit by converting existing space into living space without adding new square footage to the lot. DIRECTOR or _**COMMUNITY DEVELOPME

TRUCTED ACCESSORY DWELLING UNIT (ADU).**_ The development of the second residential unit, detached or attached to the primary unit, by adding new square footage to the lot. CONVERTED ACCESSORY DWELLING UNIT (ADU). The development of the second residential unit by converting existing space into living space without adding new square footage to the lot. DIRECTOR or _**COMMUNITY DEVELOPME

TRUCTED ACCESSORY DWELLING UNIT (ADU).**_ The development of the second residential unit, detached or attached to the primary unit, by adding new square footage to the lot. CONVERTED ACCESSORY DWELLING UNIT (ADU). The development of the second residential unit by converting existing space into living space without adding new square footage to the lot. DIRECTOR or COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director or his or her designee. (Ord. 526-C.S., passed 7-16-02) DISABILITY. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. DWELLING, GROUP. Two or more separate buildings not more than two stories in height, each containing one or more dwelling units, located upon a single lot or parcel of land in one ownership. (‘65 Code, § 9-3.212) (Ord. 556, passed - - )

its or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. DWELLING, GROUP. Two or more separate buildings not more than two stories in height, each containing one or more dwelling units, located upon a single lot or parcel of land in one ownership. (‘65 Code, § 9-3.212) (Ord. 556, passed - - )

DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed for or occupied by three or more families living independently of each other. (‘65 Code, § 9-3.213) (Ord. 556, passed - - ) DWELLING, ONE-FAMILY. A building containing but one kitchen and designed and/or used to house not more than one family, including all domestic employees of such family. (‘65 Code, § 9-3.214) (Ord. 556, passed - -) DWELLING, TWO-FAMILY. A building containing not more than two kitchens and designed and/or used to house not more than two families living independently of each other, including all domestic employees of each such family. (‘65 Code, § 9-3.215) (Ord. 556, passed - - ) FAMILY. A single residential unit or a person or group of persons living together as a domestic unit in an single residential unit. (‘65 Code, § 9-3.216) (Ord. 556, passed - - ) FLOOR AREA RATIO (FAR). (1) The numerical value obtained by dividing the gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land. The following shall be included in the floor area ratio calculation, including, but not limited to: (a) Residential habitable space for any residential building on the lot; (b) Gross horizontal commercial area measured from exterior wall to exterior wall, including basement area; (c) Interior space greater than 12 feet in height shall be counted twice in the R-1 zone; (d) Space in an attached residential garage in excess of the required parking spaces; (e) Integral garage (at least two sides connected to the residence); (f) Permanently covered patios; (g) Permanently covered balconies; (h) Permanently covered decks; (i) Permanently covered porches; (j) Permanently covered courtyards; (k) Portions of basements that meet Building Code requirements for habitable space; (l) Lofts; (m) Mezzanines; (n) Communal areas designated for residential use such as indoor gyms, lobbies, and the like; (o) Permanently covered outdoor dining areas; (p) Interior hallways and corridors; (q) Work area for an automotive repair business; and (r) Podium parking areas at or above grade (including the parking spaces, driveways, and drive aisles) for commercial or mixed-use projects. (2) A determination if a portion of a project is included in the floor area ratio shall rest with the Community Development Director. GARAGE. An enclosed structure large enough to accommodate from one to four automobiles. (Ord. 526-C.S., passed 7-16-02) GARDEN AREA. An area of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. GREENHOUSE. A temporary or permanent structure typically made of, but not limited to, glass, plastic, or fiberglass in which plants are cultivated. Includes hoophouses, typically made of, but not limited to, piping or other material covered with translucent plastic, constructed in a “half-round” or “hoop” shape. GROCERIES. Staple foodstuffs, meats, seafood, produce and dairy products. (Ord. 479-C.S., passed 4-15-97) GROSS FLOOR AREA (GFA). The total floor area square footage contained within a building that is measured from the external walls. GUESTS. Persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. (‘65 Code, § 9-3.218) (Ord. 955, passed - - ) HEDGE. Any horizontal or vertical formation of planted trees, shrubs, or other vegetation that creates a physical boundary or barrier. HIGH-QUALITY TRANSIT CORRIDOR. A corridor with fixed route bus service with service internals no longer than 15 minutes during peak commute hours. HOTEL. See definition contained in § 153.162(G)(7) of this code. (‘65 Code, § 9-3.219) (Ord. 556, passed - - ; Am. Ord. 297-C.S., passed - - ) INSTRUCTIONAL SERVICES, LARGE. An establishment that offers specialized programs in personal growth and development such as music, martial arts, vocal, fitness, visual arts, dancing, reading and math instruction exceeding six students at a time. INSTRUCTIONAL SERVICES, SMALL. An establishment that offers specialized programs in personal growth and development such as music, martial arts, vocal, fitness, visual arts, dancing, reading and math instruction not to exceed six students at a time. JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A JUNIOR ACCESSORY DWELLING UNIT may include separate sanitation facilities, or may share sanitation facilities with the existing residence. LIVE ENTERTAINMENT. Singing, dancing, acting, or similar performances provided by a performer who is hired or otherwise secured by the operator of the business where the entertainment is presented. (‘65 Code, § 9-3.219.2) (Ord. 455-C.S., passed 11-21-95) LOT. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the County Recorder, or a parcel of real property abutting upon at least one public street or a recorded private or public street or road easement and held under separate ownership prior to May 23, 1939. (‘65 Code, § 9-3.220) (Ord. 556, passed - - ) LOT, CORNER. A lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering continuously on each of the two streets. (‘65 Code, § 9- 3.221) (Ord. 556, passed - - ) LOT, INTERIOR. A lot which is not a corner lot. (‘65 Code, § 9-3.222) (Ord. 556, passed - - ) LOT, KEY. The first interior lot to the rear of a reversed corner lot. (‘65 Code, § 9-3.223) (Ord. 556, passed - - ) _LOT, REVERSED CORNER.

e intersecting streets, with a boundary line thereof bordering continuously on each of the two streets. (‘65 Code, § 9- 3.221) (Ord. 556, passed - - ) LOT, INTERIOR. A lot which is not a corner lot. (‘65 Code, § 9-3.222) (Ord. 556, passed - - ) LOT, KEY. The first interior lot to the rear of a reversed corner lot. (‘65 Code, § 9-3.223) (Ord. 556, passed - - ) _LOT, REVERSED CORNER.

e intersecting streets, with a boundary line thereof bordering continuously on each of the two streets. (‘65 Code, § 9- 3.221) (Ord. 556, passed - - ) LOT, INTERIOR. A lot which is not a corner lot. (‘65 Code, § 9-3.222) (Ord. 556, passed - - ) LOT, KEY. The first interior lot to the rear of a reversed corner lot. (‘65 Code, § 9-3.223) (Ord. 556, passed - - ) LOT, REVERSED CORNER. A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot to its rear. (‘65 Code, § 9-3.224) (Ord. 556, passed - - ) LOT, THROUGH. An interior lot having frontage on two streets. (‘65 Code, § 9-3.225) (Ord. 556, passed - - ) LOT DEPTH. The horizontal distance measured between the midpoint of the front property line of a lot to the midpoint of the rear property line of a lot, or to the most distant point on any other lot line when there is no rear lot line. LOT LINE. The recorded boundary between a lot and other property or the public right-of-way. LOT LINE, FRONT. On an interior lot, the lot line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. If the lot lines of a corner lot are equal in length, then the front lot line shall be determined by the Community Development Director or designee. On a through lot, the lot line abutting the street providing the primary front entrance to the property. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, does not intersect the front lot line, and which is most closely parallel to the front lot line.

LOT LINE, SIDE. Any lot line that is not a front lot line or a rear lot line. LOT LINE, STREET SIDE. A side lot line of a corner lot that is parallel and closest to the street. MAJOR TRANSIT STOP. (1) An existing rail or bus rapid transit station; (2) A ferry terminal served by either bus or rail transit service; or (3) The intersection of two or more major bus routes with a frequency or service interval of 15 minutes or less during the morning and afternoon peak commute periods. MANUFACTURING, HEAVY. An establishment engaging in the processing, assembling, and/or packaging of goods, utilizing large amounts of raw materials in a manner that it produces noise, dust, vibration, and/or other pollutants while yielding large quantities of output. Heavy manufacturing uses include, but are not limited to, heavy trucking activity, storage and/or processing of potentially hazardous materials, and requirement for specialized state or federal permits. MANUFACTURING, LIGHT. An establishment engaging in the processing, assembling, and/or packaging of previously prepared materials, including incidental storage, sales, and distribution in a manner that does not produce noticeable odors, air emissions, or other environmental effects. Light manufacturing uses typically have limited trucking activity. MAP. The Official Zoning Map of the city. (‘65 Code, § 9-3.226) (Ord. 556, passed - - ) MASSAGE. Any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purpose as further defined by § 122.02 of the San Gabriel Municipal Code. MEAL. The usual assortment of foods commonly ordered at various hours of the day. The service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. (‘65 Code, § 9-3.227) (Ord. 955, passed - - ) MOTEL. See definition contained in § 153.162(G)(7) of this code. (‘65 Code, § 9-3.227.5) (Ord. 297-C.S., passed - - ) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). National program to control water pollution by regulating point sources that discharge pollutants into waters of the United States. NATURAL/PRE-EXISTING GRADE. Average (mean) of the highest and lowest point of the lot prior to construction. (See illustration of building height). (Ord. 535-C.S., passed 1-20-04) OBJECTIVE DESIGN STANDARD. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. OFFICE, MEDICAL. An establishment providing outpatient health services by a health care professional including, but not limited to, preventative and rehabilitation treatment, diagnostic services, X-ray and laboratory services. Inpatient or overnight care may not be provided. This use includes offices providing dental, surgical, podiatric, optometric, chiropractic, psychiatric services, acupuncture, medical spas, and physical therapy. OFFICE, PROFESSIONAL. An establishment providing direct professional services to consumers in terms of data processing and engage in the production of intellectual property. This use includes real estate offices, accounting offices, law offices, insurance offices, travel agencies, and other similar uses. This use does not include medical offices. OPEN AIR MARKETS. A public marketplace where multiple vendors set up booths, tables, or stands to sell food and merchandise. OPEN AIR MARKETS include farmers’ markets, craft markets, flea markets, produce markets, and other similar uses. PASSIVE AMENITIES. Passive recreational and leisure areas composed of natural features or improvements designed for visual and/or auditory enjoyment, such as ornamental landscaping, waterfalls, fountains, plazas, streams, landscaped slopes in excess of a 10% gradient, etc. (Ord. 535-C.S., passed 1-20-04) PERSONAL CARE FACILITY. A place where personal care services are performed by a personal care technician, including but not limited to beauty, hair, facial, and nail salons. Hair salons and barbershops that perform hair services exclusively are excluded. PERSONAL CARE FACILITY does not include a massage establishment as defined by § 122.02 of the San Gabriel Municipal Code. (Ord. 520-C.S., passed 11-4-03) PERSONAL CARE SERVICE. Services that treat the skin, hands, feet, face, neck or hair. Also included is the treatment of any person with various lotions, sprays, creams, tonics, herbs, or other similar substances for the purpose of reconditioning or improving the skin. PERSONAL CARE SERVICES do not include massage services. (Ord. 520C.S., passed 11-4-03) PERSONAL CARE TECHNICIAN. A person who receives compensation for performing any personal care service. These would not include doctors, chiropractors, acupuncturists, and licensed medical professionals. PERSONAL CARE TECHNICIAN does not include a massage technician as defined by § 122.02 of the San Gabriel Municipal Code. (Ord. 520-C.S., passed 11-4-03) POOL AND BILLIARD HALL. An establishment providing access to pool tables and other billiard games. (Ord. 520-C.S., passed 11-4-03) PREMISES. Property, land, or buildings or land and buildings. (‘65 Code, § 9-3.229) (Ord. 995, passed - - ) PRIMARY USE. The main purpose for which a site or unit is developed and occupied, including activities that are conducted on the site a majority of the hours during which activities occur. PRIVATE AREAS. Outdoor recreational and leisure areas which are partially or fully open to the sky, directly connected to and solely accessible through an individual dwelling unit. (Ord. 535-C.S., passed 1-20-04) RAIN BARREL. A system that collects and stores rainwater from your roof that would otherwise be lost to runof

n the site a majority of the hours during which activities occur. PRIVATE AREAS. Outdoor recreational and leisure areas which are partially or fully open to the sky, directly connected to and solely accessible through an individual dwelling unit. (Ord. 535-C.S., passed 1-20-04) RAIN BARREL. A system that collects and stores rainwater from your roof that would otherwise be lost to runof

n the site a majority of the hours during which activities occur. PRIVATE AREAS. Outdoor recreational and leisure areas which are partially or fully open to the sky, directly connected to and solely accessible through an individual dwelling unit. (Ord. 535-C.S., passed 1-20-04) RAIN BARREL. A system that collects and stores rainwater from your roof that would otherwise be lost to runoff and diverted to storm drains and streams. A RAIN BARREL typically includes a 55-gallon drum, a vinyl hose, PVC couplings, and a screen gate to filter debris. REASONABLE ACCOMMODATION REQUEST. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. RECREATION AND LEISURE AREAS. An unobstructed outdoor space or an enclosed facility which is usable in either a natural or developed form for active or passive recreational or leisure time activities common to residential lifestyles. (Ord. 535-C.S., passed 1-20-04) RESTAURANT, FAST FOOD. A food-service establishment which supplies food and beverages primarily in disposable containers, and which is characterized by high automobile accessibility, self-service, and short stays by customers. (‘65 Code, § 9-3.229.4) (Ord. 455-C.S., passed 11-21-95) RESTAURANT, FULL-SERVICE. An establishment which prepares and provides full sit-down table service of meals to guests, for compensation, at tables located at that establishment. (‘65 Code, § 9-3.229.2) (Ord. 455-C.S., passed 11-21-95) RETAIL FOOD ESTABLISHMENT. An establishment that offers a limited variety of food or beverages. Transactions are sales for off-site consumption. Customers are served either at a counter or service window. Retail food establishments shall not feature any tables for on-site consumption. Typical uses include bakeries, coffee and tea shops, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens, and similar establishments. SECONDHAND STORE. A retail establishment which sells or rents used merchandise or equipment, including antiques. Pawnshops are not considered secondhand stores. (‘65 Code, § 9-3.229.6) (Ord. 455-C.S., passed 11-21-95)

Typical uses include bakeries, coffee and tea shops, ice cream and frozen dessert stores, delivery-only pizza establishments, small delicatessens, and similar establishments. SECONDHAND STORE. A retail establishment which sells or rents used merchandise or equipment, including antiques. Pawnshops are not considered secondhand stores. (‘65 Code, § 9-3.229.6) (Ord. 455-C.S., passed 11-21-95)

SELF-SERVICE LAUNDERETTE. Any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type; provided, however, all washing machines, accessory extractors, and dryers shall be installed on a single floor without double-decking; there shall be no intermingling of customers’ laundries. (‘65 Code, § 9-3.230) (Ord. 556, passed - - ; Am. Ord. 599, passed - - ) SINGLE ROOM OCCUPANCY (SRO) DEVELOPMENT. A structure with six or more guest rooms in which 30% or more of the units do not have a private bath and toilet within the unit. STORY. That portion of a building included between a floor and the finished ceiling next above or the finished undersurface of the roof directly over that particular floor. (‘65 Code, § 9-3.231) (Ord. 556, passed - - ) SUBTERRANEAN GARAGE. A garage in which the structure is completely below the natural grade. (See illustration) (Ord. 535-C.S., passed 1-20-04) SEMI-SUBTERRANEAN GARAGE. A garage in which a portion of the structure is below and above or within the natural grade. (See illustration) (Ord. 535-C.S., passed 1-2004) TEMPORARY STRUCTURE. A structure constructed using metal, plastic or wood frames or posts to support covers made of cloth, canvas, thermoplastic composite and/or other similar non-rigid materials that provide a weather barrier. Alternative terms to describe such structures include, but are not limited to, temporary canopies and tarps. (Ord. 541-C.S., passed 1-20-04) URBAN DWELLING UNIT. Dwelling units established in accordance with Cal. Gov’t Code § 65852.21 and § 153.048 of this code. URBAN LOT SPLIT. Subdivision of a parcel within single-family residential zones in conformance with Cal. Gov’t Code § 66411.7 and § 153.048 of this code. USABLE RECREATION/LEISURE AREAS. Unconstrained by topographic, structural, environmental or spatial conditions which would limit the accessibility, safety or function of the recreational/leisure area. (Ord. 535-C.S., passed 1-20-04) VENDING CART. A wheeled device capable of being pushed by a person, from which food or beverages are sold. (‘65 Code, § 9-3.233.5) (Ord. 455-C.S., passed 11-21-95) VENDING MACHINE. Any unattended self-service device that, upon insertion of a coin, coins, token or by similar means, dispenses anything of value including food, water, beverages, goods, wares, merchandise or services including reverse vending machines. This does not include newspaper racks, automatic teller machines (ATMs) or public telephones. (Ord. 520-C.S., passed 11-4-03) VIP ROOM. A private portion of a restaurant set aside for the hosting of private parties/events. These rooms are meant to accommodate various size parties. The room size is typically less than 400 square feet. (Ord. 520-C.S., passed 11-4-03) YARD. An unoccupied space on a lot on which a building is situated and, except where otherwise provided in this chapter, open and unobstructed from the ground to the sky. (‘65 Code, § 9-3.233) (Ord. 556, passed - - ) YARD, FRONT. A yard enclosed between the side yard lines and extending from the front lot line to the line of the main building or the closest portion of any enclosed or covered porch. (‘65 Code, § 9-3.234) (Ord. 556, passed - - ) YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building nearest the rear line of the lot. (‘65 Code, § 9-3.235) (Ord. 556, passed - - ) YARD, SERVICE. A portion of the side or rear yard used for the storage of containers for trash, debris, and rubbish. (‘65 Code, § 9-3.237) (Ord. 245-C.S., passed - - ) YARD, SIDE. A yard on either side of a building between the building and the side line of the lot and extending from the front line of the lot to the rear yard. (‘65 Code, § 9- 3.236) (Ord. 556, passed - - ) (Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 590-C.S., passed 3-1-11; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 618-C.S., passed 1- 20-15; Am. Ord. 619-C.S., passed 4-21-15; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 652, passed 5- 21-19; Am. Ord. 661, passed 1-7-20; Am. Ord. 662, passed 1-21-20; Am. Ord. 683, passed 2-1-22; Am. Ord. 693, passed 12-5-23; Am. Ord. 706, passed 5-7-24; Am. Ord. 717, passed 2-4-25)

The provisions of this section shall apply in the absence of more specific regulations.

(A) Notice of action on any application made pursuant to the Zoning Ordinance shall be given to the applicant in writing within 10 business days from the date of the decision. The decision on the application shall be final unless within 10 business days from the date of the decision, the applicant or any member of the public or a Council member shall file a written appeal thereon. (B) The notice shall specify that the decision is final absent a timely appeal to the Planning Commission or the City Council as the case may be. In the case of a final decision where there is no further appeal, the notice shall so specify. (C) If a decision is appealable to the Planning Commission, a written appeal shall be filed with the Community Development Department. If a decision is appealable to the City Council, a written appeal shall be filed with the City Clerk. Appeals shall be accompanied by a filing fee in an amount established by resolution of the City Council. No fee shall be required if the appeal is made by a member of the City Council.

(D) A hearing on the appeal shall be held not less than 10 business days, nor more than 40 business days, from the date of receipt of the appeal by the city. The appellant shall be notified of the hearing in writing and notice of the hearing shall also be given in the manner prescribed by state law if applicable. The hearing may be continued from time to time upon mutual consent.

(E) At the date and time set for the appeal hearing, the Planning Commission or the City Council, as the case may be, shall proceed to hear evidence, take testimony from all interested parties and render a decision based upon the evidence and testimony received, approving, denying, or modifying, in whole or in part, the decision which is being appealed.

(F) All notices should be personally served or be accompanied by an affidavit or proof of service of mailing. Failure to include such affidavit or proof of service shall not invalidate any decision or notice given pursuant to this section.

(Ord. 526-C.S., passed 7-16-02)

Any person who owns, occupies, leases, maintains or uses any building, structure or property in violation of any provision of this chapter shall be guilty of a misdemeanor. Each and every day the violation remains shall constitute a separate offense.

(Ord. 535-C.S., passed 1-20-04) 2004 S-12

ESTABLISHMENT OF ZONES

§ 153.015 ZONES ESTABLISHED.

In order to carry out the purposes of this title, and to implement the city's general plan, the following zones are hereby established:

R-1 Single-Family Residence Zone

R-1A Limited Two-Family Residence Zone

• R-2 Low Density Multiple-Family Residence Zone

R-3 Multiple-Family Residence Zone

C-1 Retail Commercial Zone

C-3 Commercial and Limited Manufacturing Zone

M-1 Light Manufacturing Zone

P-1 Automobile Parking Zone

D Architectural Design Zone

PD Planned Development Overlay Zone MD Mission District Zone MF Medical Facilities Zone PF/OS Public Facilities/Open Space Zone

('65 Code, § 9-3.301) (Ord. 556, passed - - ; Am. Ord. 80-C.S., passed - - ; Am. Ord. 247-C.S., passed - - ; Am. Ord. 248-C.S., passed - - ; Am. Ord. 491-C.S., passed - - )

The zones established by § 153.015 are shown and delineated on that certain map on file in the office of the Community Development Director entitled “Zoning Map of the City of San Gabriel, California,” which map is hereby adopted and made a part of this chapter. Such map, and each part and unit, and the notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such map were all fully described in this chapter. ('65 Code, § 9-3.302) (Ord. 556, passed - - ; Am. Ord. 652, passed - - ; Am. Ord. 686, passed - - ; Am. Ord. 912, passed - - ; Am. Ord. 491-C.S., passed - - )

It is hereby declared that in the creation of the respective classes of zones set forth in this chapter, the Council has given due and careful consideration to the peculiar suitability of each and every such zone for the particular use enumerated therefor and the necessary proper and comprehensive groupings and arrangement of the various industries, businesses, and population of the city in relation to the established plans in the unincorporated area of the county and the incorporated areas of adjoining municipalities in accordance with a well-considered plan for the comprehensive development of the city. ('65 Code, § 9-3.303) (Ord. 556, passed - - )

(A) The boundaries of the zones shown upon the map adopted by this chapter, or on amendments thereto, are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, the size of yards about buildings, and other matters as set forth are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said map.

(B) Where uncertainty exists as to the boundaries of any zone shown on said map, the following rules shall apply:

(1) Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(2) In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3) In the event any uncertainty exists, the Community Development Director shall determine the location of boundaries.

(4) Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. ('65 Code, § 9-3.304) (Ord. 556, passed - - )

Any property annexed to or consolidated with the city on or after April 26, 1949, shall be deemed to be classified as the classification in this code which most closely corresponds to the previous classification; provided, however, if such property has not theretofore been classified, the same shall be deemed to be R-1, Single-Family Residence Zone, until such time as otherwise classified in the manner set forth in this chapter.

('65 Code, § 9-3.305) (Ord. 556, passed - - ; Am. Ord. 609, passed - - )

Except as otherwise provided in this chapter:

(A) No building shall be erected, and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, or premises be used, designed, or intended to be used for any purpose or in any manner other than for a use listed in this chapter as permitted in the zone in which such land, building, or premises are located.

(B) No building shall be erected, nor shall any existing building be moved, reconstructed, or structurally altered, to exceed in height the limits established by the provisions of this chapter for the zone in which such building is located.

(C) No building shall be erected, nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by the provisions of this chapter for the zone in which such building is located.

(D) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or structure.

('65 Code, § 9-3.306) (Ord. 556, passed - - ) Penalty, see § 153.999

SINGLE-FAMILY RESIDENCE ZONES (R-1)

The following regulations shall be applicable to all uses of property in the R-1 zone to promote the general welfare and encourage smart growth by achieving the following:

(A) Encourage improved residential site planning and architectural design to ensure compatibility with the character inherent within the surrounding neighborhood and to provide harmony between the old and the new;

• (B) Encourage originality, creativity and diversity in design;

• (C) Protect the low-density character of single-family residential neighborhoods;

• (D) Promote the upgrading and remodeling of existing single-family dwellings in promotion of high property value and accommodation of changing lifestyles;

(E) Create well-designed dwellings that evidence a good sense of proportion and balance, both in exterior form and the placement of such features as windows, doors, and other architectural features;

• (F) Ensure that the size of new structures and additions does not exceed the scale of their surroundings;

(G) To provide adequate separation between structures and the surrounding properties and streets to allow for light, ventilation and access; and

(H) To conform to residential design guidelines as they may be adopted from time to time by the City Council.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 526-C.S., passed 7-16-02)

The following uses shall be permitted by right in Single-Family Residence Zones (R-1):

(A) Single-family dwellings of a permanent character placed in a permanent location.

(B) Accessory building:

(1) Accessory buildings and uses incidental to each single-family dwelling, including a private garage for the accommodation of automobiles, children's playhouses, lath or greenhouses, tool sheds, work rooms, barbecues, recreation rooms, home offices, pool houses/dressing rooms, and sheds for the housing of domestic animals. Such accessory buildings shall be placed upon the same lot or parcel of land and shall not be used or operated commercially. No accessory building shall be used for permanent occupancy by persons, nor exceed a maximum of 200 square feet, except for garages as provided therein.

(2) Plumbing for laundry hook-ups may be considered in a garage, provided: there is ample space in the garage so as not to encroach within the minimum required garage size or interfere with vehicles; there is direct and logical access to the main dwelling; and approval is granted by the Community Development Director.

(3) A covenant shall be recorded with the County Recorder's Office stating that the accessory structure shall not be used for permanent occupancy by persons and that the accessory structure shall not contain a kitchen or kitchen facilities.

(C) Home occupation:

(1) Maintaining mail addresses for home occupations, provided no stock-in-trade, supplies, parts, no manufacturing, assembly equipment or materials, and no chemicals are kept on the premises; no employees or assistants are engaged for services on the premises, and no on-premises sales to customers are conducted thereon.

(2) Additionally, all home occupations shall comply with the following provisions:

(a) Delivery and shipment of materials from the home occupation shall be by the United States Postal Service, or private delivery services generally recognized to make deliveries in residential neighborhoods. Deliveries or pickups by commercial vehicles containing three or more axles shall be prohibited.

(b) No home occupation shall generate any traffic, parking, sewerage, or water use in excess of what is normal for residential use.

(c) No home occupation may emit any smoke or emission that is visible to the naked eye or that violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board.

(d) No home occupation may violate the noise standards contained in this code. No home occupation may generate any obnoxious or adverse odor that can be detected beyond the boundary of the premises. (e) No home occupation may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the lot or individual space.

(f) No home occupation may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances.

(D) Manufactured housing, including factory-built housing, provided the same is developed and maintained in accordance with this subchapter.

(E) Publicly-owned and operated parks, playgrounds, and recreation centers, including all the necessary facilities therefor.

(F) Flower, fruit and vegetable gardening, for the purposes of propagation and culture for use in cottage food operations or for sale at off-site locations, is allowed in rear yards. Such gardening, when solely for the purposes of propagation and culture for household consumption and not for later sale, may be permitted in the front and side yards as well. On-site sales, signs, displays, and stands are prohibited. Cottage food operations and the sale of produce at off-site locations such as farmers' markets are allowed, subject to applicable rules and regulations. Compost materials shall be set back a minimum of ten feet from property lines and shall be stored in a manner that is not visible from the adjacent property, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties.

(G) Community gardens on vacant property developed and maintained in accordance with § 153.162 herein.

(H) Licensed family care homes, foster homes, or group homes serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst. Code § 5116.

(I) Accessory dwelling units as provided for in § 153.047.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 653, passed 10-1-19)

The following uses may be permitted subject to the issuance of a conditional use permit, pursuant to the provisions of this title:

(A) Church, chapel, or other religious facility, provided that such use is developed and maintained in accordance with § 153.050 herein.

(B) Educational institutions (private elementary and secondary), provided that such use is developed and maintained in accordance with § 153.050 herein.

(C) Licensed family care homes, foster homes, or group homes serving seven or more mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst Code § 5116, provided that such use is developed and maintained in accordance with § 153.050 herein.

(D) Open air markets only on parking lots and other paved areas serving churches, synagogues, temples, mosques and other worship facilities; schools; or other public or quasipublic uses.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 653, passed 10-1-19)

Each lot hereafter created shall maintain a minimum building site area of not less than 7,260 square feet. (Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

Each lot hereafter created shall have and maintain a lot width of not less than 50 feet, except that a corner lot shall have and maintain a lot width of not less than 55 feet. (Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

(A) Residential buildings in the R-1 Zone may be two stories in height. One-story residential buildings shall not exceed a height of 18 feet, and two-story residential buildings shall not exceed a height of 28 feet measured from the lowest adjoining grade to the highest point of the structure, or any appurtenances thereto. One-story residential buildings may utilize architectural features (including but not limited to chimneys, tower elements, dormers) which exceed the maximum height limit by no more than three feet, so long as they are appropriate to the proposed architectural style and massing.

(B) No accessory building or detached garage in the R-1 Zone shall be more than 15 feet in height or the height of the primary residential structure, whichever is less, measured from the lowest adjoining grade to the highest point of the structure.

(C) The adjoining grade shall be the elevation of the top of the curb adjacent property.

(D) The top plate of an entryway structure, including but not limited to porches, patios, and archways, shall not exceed a height of ten feet or the height of the top plate of the first floor, whichever is less.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17) Penalty, see § 153.999

Each principal dwelling or habitable structure shall have and maintain a minimum width of not less than 20 feet exclusive of any appurtenant structures, and which shall be measured from the outside of the building wall.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

(A) Required front yards.

(1) Each front yard in an R-1 Zone shall be not less than 20 feet, nor more than 35 feet; and provided, further, no building erected or structurally altered upon such frontage shall project beyond the average front yard line of the developed lots next adjacent thereto on either side. A vacant lot shall not be considered for purposes of determining front yard setbacks. A lot having a front yard more than 35 feet in depth shall be considered for this purpose as having a front yard 35 feet in depth. A lot having a front yard of less than 20 feet in depth shall be considered for this purpose as having a front yard 20 feet in depth.

(2) A nonconforming front yard area may be extended to the side yards, provided that it does not create a deficiency in the required side and rear yard areas.

(B) Front yards on key lots. On key lots the minimum front yard shall be the average of the required front yard for the adjoining interior lot and the required street side yard of the adjoining reversed corner lot. Where existing buildings on either or both of such adjoining lots are located nearer to the street than the yards required above, the yards required above shall be used in computing the front yard for a key lot.

(C) Permitted uses in front yard. The following uses shall be permitted in the required front yard areas, but shall not exceed 15 feet in height:

(1) Open, unenclosed platforms, or landing places not covered by a roof, awning, or canopy provided it shall not extend or project into the front yard more than six feet, nor be more than six inches in height above adjacent ground level.

(2) Fountains, flag poles, statues and decorative ponds.

(3) Walkways not more than 42 inches in width directly connecting a sidewalk and/or driveway with an entry to the main residential unit.

(4) Driveways shall be no greater than 12 feet in width leading from the street to a garage, except that a driveway 20 feet in width is permissible, provided the garage is adjacent, attached or detached and parallel in the front of the principal dwelling with the entrance to the garage parallel to the street.

(D) Prohibited uses in front and street side yard areas. The following shall be prohibited in the required front yard and street side yard areas:

(1) Parking areas for vehicles.

(2) Accessory structures.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 601-C.S., passed 3-4-14) Penalty, see § 153.999

(A) Total side yards in the R-1 Zone shall be 16 feet with a minimum of six feet on any one side. Cornices and eaves may extend into the required side yard for a distance not to exceed 24 inches. No other miscellaneous encroachments such as chimneys, bay windows or any other architectural features are permitted, except in a side yard of six feet or more, in which case an encroachment of a maximum of 24 inches is allowed. Porches or landing places unenclosed and unroofed may encroach into a required side yard of six feet for a distance not to exceed three feet.

(B) On corner lots, the side yard on the street side shall be not less than 12 feet, except that a garage structure, attached or detached, with the garage door parallel to the street shall have and maintain a minimum setback of 20 feet from the street side property line.

(C) Detached noninhabitable accessory buildings not exceeding 15 feet in height shall maintain a minimum side yard setback of four feet if the building is less than 100 feet from the front property line, and two feet if the building is more than 100 feet from the front property line.

(D) In the case of a single family residence with a non-conforming side yard, a single story addition may be constructed by maintaining the existing building line of the house, provided that the existing side yard setback is at least four feet.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04) Penalty, see § 153.999

(A) The rear yard in R-1 Zones shall be no less than 25 feet in depth.

(B) In computing the depth of the rear yard from any building where such yard opens upon a public street, alley, way, or park, one-half, but not to exceed ten feet, of the width of such street, alley, way, or park, may be considered to be a portion of the rear yard.

(C) A detached accessory building may occupy not more than one-half the area of the rear yard.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

(A) Any portion of a single-family dwelling that is in excess of one story shall be in compliance with the front yard requirements as established in § 153.037 and shall not encroach beyond the angled planes specified herein.

(B) At the front and rear property lines, the measurement shall be taken from the height of the building pad elevation, but in no case shall the measurements be taken at a lower height than the curb as indicated by the attached diagram, adopted and made a part of this subchapter. The side property line measurements shall be taken from a height ten feet above the building pad elevation as indicated by the attached diagram, adopted and made a part of this subchapter.

(C) Front yard. The height of the dwelling shall fall within the angled plane of 45° drawn from the front property line of the development site as indicated by the attached diagram, adopted and made a part of this subchapter.

(D) Side yard. The height of the dwelling shall fall within the angled plane of 45° drawn from a point ten feet above the side property lines of the development site or maintain minimum side yard setbacks of ten feet from each side property line as indicated by the attached diagram, adopted and made a part of this subchapter. Cornices and eaves may extend into the encroachment line or required side yards for a distance not to exceed 24 inches. No other miscellaneous encroachments such as chimneys, bay windows or any other architectural features are permitted, except in a side yard of six feet or more, in which case an encroachment of a maximum of 24 inches is allowed. Buildings with vaulted ceilings that are more than 15 feet in height shall comply with the provisions of this division (D). (See illustration.)

(E) Rear yard. The height of the dwelling shall fall within the angled plane of 35° drawn from the rear property line of the development site as indicated by the attached diagram, adopted and made a part of this subchapter.

(F) No linear wall of a second story shall extend more than 25 feet without architectural articulation or an offset of at least two feet. (Refer to Figure 153.040(A).)

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17) Penalty, see § 153.999

No detached accessory building, or detached ADU, shall be closer than six feet to any other accessory building, or to the main building, on the same building site. The six foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature. No accessory building shall be used as a dwelling, except as provided in §§ 153.047 and 153.048 herein. (Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 644-C.S., passed 6-19-18) Penalty, see § 153.999

Lot coverage shall not exceed 35% of the total net lot area. For the purposes of this calculation, buildings, impervious surfaces greater than 42 inches in width (other than required driveways), covered and uncovered patios (other than required landings), accessory structures (including but not limited to garages, carports, storage sheds, gazebos, pool equipment rooms and similar structures), and raised and at-grade decks shall be counted toward the lot coverage.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 561-C.S., passed 5-9-06; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 636-C.S., passed 8-15-17) Penalty, see § 153.999

No single family dwelling in excess of one story in whole or part shall exceed a floor area ratio (FAR) of .35. Any interior space with a height greater than 12 feet shall count twice towards the FAR. Detached garages and any other accessory building not intended for habitable use shall be excluded from the calculation. The space within an attached garage providing required parking shall be excluded from the calculation, refer to Figure 153.043(A). Permanently covered patios and balconies shall be included in the calculation.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 652, passed 5-21-19) Penalty, see § 153.999

The second story gross floor area shall be 25% less than the first story gross floor area. Interior spaces with a height greater than 12 feet shall be treated as two stories and shall count towards the second story gross floor area. Attached garages are included within the calculation. Detached garages and any other accessory building not intended to be habitable shall be excluded from the calculation. Permanently covered patios and balconies shall be included in the calculation. (Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 652, passed 5-21-19) Penalty, see § 153.999

(A) Each new dwelling unit hereafter constructed, or any reconstruction, addition or alteration to an existing dwelling which exceeds 50% of the existing dwellings floor area shall have a minimum floor area, based on the bedroom count as follows. Calculations of the floor area for this requirement shall exclude garages and other similar structures not considered habitable space.

(1) One bedroom dwelling, 1,000 square feet;

(2) Two bedroom dwelling, 1,150 square feet;

(3) Three bedroom dwelling, 1,300 square feet;

(4) Four bedroom dwelling, 1,450 square feet;

(5) For each dwelling in excess of four bedrooms, an additional 150 square feet of floor area per bedroom shall be provided.

(B) A bedroom shall be considered any room which is not a kitchen, dining room, living room, family room, or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters and which meets the requirements contained in § 153.051. A determination of the identity of any room shall rest with the Community Development Director.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

(A) Garage structures shall be located in the side or rear yard zones, and may not extrude beyond the front of the residential building. On corner lots, a garage shall be located in the rear yard zone, and shall not extrude beyond the street-side of the residential building. Additionally, if access to a garage is provided from the rear of the lot, the required side yards for the first floor may be reduced to a total 12 feet with a minimum of six feet on any one side, adopted and made a part of this subchapter.

(B) All building structures shall be built and maintained in accordance with the following architectural standards:

(1) Exterior siding . Each building structure shall have and maintain exterior siding of brick, wood, stucco, concrete or other similar material as approved by the Community Development Director.

(2) Roofing material . Each building structure shall have and maintain a roof constructed with woodshake, shingle, asphalt composition, tile (i.e., slate, concrete, clay), or other roofing material as approved by the Community Development Director and the Fire Marshal, provided, that metal roofing is prohibited except as permissible by the single-family residential design guidelines. All roofing materials on a building or structure, which is visible from the public right-of-way and from adjoining lots, shall be of the same type unless prior approval has been granted by the Community Development Director. “Green roof” features that promote stormwater infiltration may also be permitted, and need not cover the entire roof area.

(C) Any addition to a single-family residence shall be required to:

(1) Conform to city design guidelines;

(2) Maintain the architectural integrity and context of the residential environment in which it is located;

(3) Reflect the existing materials, textures, design features, including doors and windows, and treatments associated with the existing architecture of the building, unless the entire building will be so changed as to secure city approval under the city’s codes, specific plans, and architectural and landscape design guidelines;

(4) Use colors and finishes approved by the City Planner or his or her designee, sufficient to show a high degree of quality and craftsmanship as specified in city design guidelines and specific plans; and

(5) Provide consistent architectural treatment on all elevations so as to ensure that any wall visible from offsite so as to conform to the requirements of this division (C). (Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-1717) Penalty, see § 153.999

ADUs or junior ADUs shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements. (A) An ADU and junior ADU shall be permitted in the city's residential zones under the following circumstances:

(B) The ADU shall not be sold, but may be rented. (ADUs shall be rented for terms longer than 30 days).

(C) ADU construction shall be in compliance with the regulations and requirements set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, and parking requirements; the city would not be able impose standards related to lot coverage, floor area ratio, open space, or minimum lot size that would otherwise prohibit the creation of an ADU of at least 800 square feet. The ADU shall be constructed in accordance with provisions of the latest edition of building and other codes applicable to the city.

(D) A maximum of 850 square feet shall be allowed for a studio or one-bedroom detached ADU and a maximum of 1,000 square feet shall be allowed for a two-bedroom detached ADU. The square footage that is over 800 square feet shall be included in the maximum lot coverage and floor area ratio totals for the lot.

(E) When an ADU is attached to the existing primary dwelling unit, the maximum allowed size of that accessory dwelling unit shall be no more than 50% of the main dwelling size, or according to division (D), whichever is less.

(F) Second residential units that have been previously approved by the city and constructed with building permits may be converted up to the previously city-approved square footage allowance of 850 or 1,000 square feet, based on the number of bedrooms.

(G) A maximum of two bedrooms shall be allowed for an ADU.

(H) No additional setback would be required when an existing living area or accessory structure is demolished in order to construct an ADU in its place. The new ADU can be placed in the same location as the demolished structure as long as it contains the same dimensions as the structure that was demolished.

(I) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not require written notice or posting of a placard, unless the property is located within an architecturally and historically significant district.

(J) The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services.

(K) Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit. The construction of an ADU shall not require the installation of fire sprinklers in the existing primary dwelling unit. (L) For fire safety purposes, new ADUs and junior ADUs may only be located on a residential lot that has at least a ten-foot wide fire lane within 150 feet of the subject property and a minimum fire flow of 1,000 gallons per minute. This restriction shall not apply to ADUs and JADUs that are exempt from going through a separate planning review, pursuant to division (M).

(M) A converted ADU shall comply with the following development standards:

(1) When an existing garage, carport, or covered parking structure is converted into an ADU, replacement parking spaces for the main dwelling unit shall not be required. (2) No additional parking spaces are required for the space converted to an ADU. (3) No setback is required for an existing legally permitted garage or accessory structure that is converted into a portion of an ADU. (4) A converted ADU shall comply with the following design standards: (a) When a garage is converted into an ADU, the garage door must be removed and replaced with either windows, a door, or other design features that are consistent with the overall architectural design of the ADU and the primary dwelling unit; (b) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee; (c) The design of an ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants; (d) All ADU facade elevations that are visible from the public right of way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit; (e) The main entrance of the ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner; (f) Shall conform to all single-family residential design guidelines adopted by the city; and (g) The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety. (N) A constructed ADU, whether attached or detached (unless otherwise mentioned), shall comply with the following development standards. (1) Detached units shall meet the required front yard setback in the applicable zone unless the applicant can demonstrate that the enforcement of the front yard setback on the subject property prohibits the creation of an 800 square-foot ADU. (2) Construction of an ADU shall be allowed in designated historical districts; however, it must not be visible from the public-right-of-way. (3) The unit shall not be more than 16 feet in height measured from the lowest adjoining grade to the highest point of the structure, except in any of the following circumstances: (a) On a lot that is located within one-half of one mile walking distance of a major transit stop or high-quality transit corridor, as defined in § 21155 of the Public Resources Code, a maximum height of 18 feet along with an additional two feet in height to accommodate roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed. (b) On a lot with an existing or proposed multi-family, multi-story dwelling, a maximum height of 18 feet shall be allowed. (c) When an accessory dwelling unit is attached to a primary dwelling, a maximum height of 25 feet, not to exceed two stories, shall be allowed. (4) A two-story detached ADU shall only be allowed when the creation of an 800 square-foot ADU cannot be achieved as a one-story, subject to building height and setback standards. (5) Construction of new units over an existing residential unit or a non-habitable accessory structure are not permitted. (6) The unit shall be set back a minimum of four feet from any side or rear lot line. (a) When a garage or other accessory structure exists and is legally permitted with building permits, the existing legal non-conforming setback can be maintained. However, the required minimum side and rear yard setback of four feet shall still apply to any added square footage to the structure. (7) The unit shall maintain six feet separation to any other accessory building or main building on the same building site. The six-foot distance shall be measured from the closest points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature. (8) The ADU may not be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required front, side, or rear setback. (9) One parking space (provided as covered, uncovered, mechanical automobile parking lift, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances: (a) The ADU is located within one-half mile walking distance of public transit (measured by walking distance route); (b) The ADU is located within an architecturally and historically significant historic district; (c) When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU; (d) When th

s less, except in any of the following circumstances: (a) The ADU is located within one-half mile walking distance of public transit (measured by walking distance route); (b) The ADU is located within an architecturally and historically significant historic district; (c) When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU; (d) When th

s less, except in any of the following circumstances: (a) The ADU is located within one-half mile walking distance of public transit (measured by walking distance route); (b) The ADU is located within an architecturally and historically significant historic district; (c) When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU; (d) When there is a car share vehicle located within one block of the ADU; or (e) When a permit application for an ADU is submitted with a permit application to create a new single-family or multi-family dwelling on the same lot, provided that the ADU or the parcel satisfy any other criteria listed in the above referenced exceptions. (10) When the existing parking spaces for the primary unit are demolished in conjunction with the development of a constructed ADU, the replacement parking spaces for the main dwelling unit shall not be required. (11) Constructed ADUs shall conform to the following design standards: (a) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee; (b) The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants; (c) All ADU facade elevations that are visible from the public right-of-way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit; (d) The main entrance of a detached ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;

sting primary dwelling unit; (d) The main entrance of a detached ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;

(e) If attached to the garage, there shall be no direct access from the garage to the ADU; (f) Shall be screened with a combination of trees, massed shrubbery, and ground plantings sufficient in the opinion of the City Landscape Architect to comply with the San Gabriel Municipal Code and city design guidelines; (g) Shall conform to all single-family residential design guidelines adopted by the city and must be reviewed ministerially without a hearing and within the 60-day allowed time window; and (h) The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety. (O) Upon issuance of a building permit for an ADU, a covenant shall be recorded with the County of Los Angeles in a form approved by the city prior to recordation. The following declaration will be binding on all future owners of the parcel: (1) The ADU may not be sold separately from the primary dwelling unit unless certain conditions are met according to Cal. Gov't Code § 65852.26; and (2) The unit may not be rented out for a term of less than 30 days. (P) All of the provisions of this section shall apply to a junior ADU unless otherwise stated in the following: (1) A junior ADU is limited to a maximum of 500 square feet. (2) One junior ADU is allowed per residential zoned property that has a single-family dwelling unit. (3) A junior ADU must be built within the primary residence. (4) The junior ADU must be constructed within the existing walls of the structure and must include an existing bedroom. (5) The junior ADU must provide a separate entrance from the entrance that is provided for the main dwelling unit. (6) The junior ADU may include an expansion of not more than 150 square feet beyond the same dimensions of the existing accessory structure. This expansion shall be limited to accommodating ingress and egress. (7) The junior ADU shall require the recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following: (a) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization; (b) A prohibition on the sale of the junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and (c) A restriction on the size and attributes of the junior ADU that conforms with this section. (8) The junior ADU must provide an efficiency kitchen, which shall include the following: (a) A cooking facility with appliances; and (b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (9) Additional parking may not be required as a condition to allow a junior ADU. (10) An inspection, including the imposition of a fee for that inspection to determine whether the junior ADU is in compliance with applicable building standards may be required at any time after the junior ADU has been built. (11) For the purposes of any fire or life protection ordinance or regulation, a junior ADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior ADU or not. (12) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (13) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior ADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior ADU. (Q) The city shall ministerially approve an application to move forward with the building plan check process if the following criteria is met: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (a) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress; (b) The space has exterior access from the proposed or existing single-family dwelling; (c) The side and rear setbacks are sufficient for fire and safety; and (d) The junior accessory dwelling unit complies with the requirements of Cal. Gov't Code § 65852.22. (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a pr

The space has exterior access from the proposed or existing single-family dwelling; (c) The side and rear setbacks are sufficient for fire and safety; and (d) The junior accessory dwelling unit complies with the requirements of Cal. Gov't Code § 65852.22. (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a pr

The space has exterior access from the proposed or existing single-family dwelling; (c) The side and rear setbacks are sufficient for fire and safety; and (d) The junior accessory dwelling unit complies with the requirements of Cal. Gov't Code § 65852.22. (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in division (Q)(1). (a) The detached ADU is limited to 800 square feet and a maximum height of 16 feet. (3) Multiple accessory dwelling units within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (a) The city shall allow at least one accessory dwelling unit within an existing multi-family dwelling and shall allow up to 25% of the existing multi-family dwelling units. (4) Not more than two accessory dwelling units that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (R) The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section. (S) The city shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a junior ADU, the correction of non-conforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or junior ADU. (T) Impacts fees shall not be charged for an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit or the number of its drainage fixtures. (U) The Public Works Department shall determine address assignments for new ADUs/junior ADUs and shall verify any public easements and land dedications required by the San Gabriel Municipal Code.

et. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit or the number of its drainage fixtures. (U) The Public Works Department shall determine address assignments for new ADUs/junior ADUs and shall verify any public easements and land dedications required by the San Gabriel Municipal Code.

(V) All existing conditional use permits and existing permits for ADUs (formerly second residential units or senior housing units) shall remain subject to conditions imposed thereon at the time such permits were granted, except that any condition that limits the occupants of a permitted unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the unit to the city by name, or to obtain a new permit for the purpose of authorizing a new resident, shall not longer be applicable.

(W) The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multi-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the permitting agency shall, within the time period described, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

e tolled for the period of the delay. If the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the permitting agency shall, within the time period described, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(X) A permit application for an ADU or a junior ADU shall be considered and approved ministerially without discretionary review or a hearing. The city shall approve or deny the application to create an ADU or a junior ADU within 60 days from the date that the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU or a junior ADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay approving or denying the permit application for the ADU or the junior ADU until the city approves or denies the permit application to create the single-family dwelling, but the application to create the ADU or the junior ADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (Y) In enforcing building standards pursuant to Article 1 (commencing with § 17960) of Chapter 5 of Part 1.5 of Division 13 of the Cal. Health and Safety Code for an accessory dwelling unit described in divisions (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with § 17980.12 of the Cal. Health and Safety Code:

(1) The ADU was built before January 1, 2020;

(2) The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

• (Z) Any person proposing to develop an ADU and/or junior ADU must submit the following materials to the Planning Division:

(1) A complete application form;

• (2) Site plan, floor plan, elevations, pictures, and such materials as may be deemed necessary by the City Planner to make a determination on the application;

• (3) A copy of the property deed establishing the identity of the owner of record for the property; and

(4) The applicable site plan review fee in accordance with the City of San Gabriel adopted citywide fee schedule in effect at the time that the application is submitted. An application shall not be deemed complete until all necessary information has been provided.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 544-C.S., passed 8-17-04; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 653, passed 10-1-19; Am. Ord. 661, passed 1-7-20; Am. Ord. 662, passed 1-21-20; Am. Ord. 706, passed 5-7-24) Penalty, see § 153.999

Urban dwelling units and/or urban lot splits shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements.

• (A) Urban dwelling units. The following requirements shall apply to urban dwellings units in accordance with Cal. Gov’t Code § 65852.21:

• (1) Zoning designation. Any proposed urban dwelling unit must be located in a single-family residential zone including the R-1 (Single-Family Residence), R-1CC (SingleFamily Residence Country Club), and the R-1V (Villa Residential within the Mission District Specific Plan) zones.

• (2) Historical designation. Any proposed urban dwelling unit must not be located within a historic district or property included on the State Historic Resources Inventory (see Cal. Public Resources Code § 5020.1), or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

• (3) Demolition and alteration. A proposed urban dwelling unit must not require demolition or alteration of any of the following types of housing:

• (a) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

• (b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of police power.

• (c) Housing that has been occupied by a tenant in the last three years.

• (4) Restriction on demolition. A proposed urban dwelling unit must not require the demolition of more than 25% of the existing exterior structural walls. This restriction would not apply if the existing housing has been owner-occupied or vacant (not occupied by a tenant) in the last three years.

• (5) A proposed urban dwelling unit must not be on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with § 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

• (6) Two units per lot. The parcel for the proposed urban dwelling unit development must contain no more than two units. Existing and proposed ADUs and Junior ADUs will be counted toward the maximum number of units.

• (7) Accessory Dwelling Units (ADUs) and Junior ADUs. An urban dwelling unit shall not be permitted if the property is already developed with an ADU or Junior ADU. In addition, if an urban dwelling is developed on the property, an ADU or Junior ADU shall not be permitted thereafter.

• (8) Short term rentals prohibited. Urban dwellings units shall not be rented as short term rentals. Any rental of the urban dwelling unit must be for a term longer than 30 consecutive calendar days.

• (9) Single story minimum setbacks. The urban dwelling unit must have a minimum of four feet side and rear yard setback from the property line. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.

• (10) Parking requirement. At least one on-site uncovered parking space must be provided for each urban dwelling unit unless the newly created parcel meets one of the following exceptions:

• (a) The parcel is within one-half mile from a "high quality transit corridor".

• (b) The parcel is within one-half mile from a "major transit stop".

• (c) A car share vehicle is located within one block of the parcel.

• (11) Fire sprinklers are required in the urban dwelling unit.

• (12) Ministerial review. Proposed projects for an urban dwelling unit must be reviewed ministerially, without a discretionary review process and/or public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D).

(13) Request for lot split. An applicant that requests an urban lot split must provide so in writing on both the planning application form as well have it clearly identified on the project plans. (B) Objective development and design standards. Urban dwelling units shall be subject to the following development and design standards: (1) Size. The maximum size of an urban dwelling unit must not exceed 800 square feet and must be a minimum of 500 square feet. (2) Height. The maximum allowed height is 16 feet and must be limited to a one story structure. In instances where an 800 square-foot urban dwelling unit cannot be achieved as a one-story, a second story would be allowed to meet minimum square footage requirements. In the case that a two-story urban dwelling unit is allowed, the maximum height allowed is 28 feet. (3) Front yard setback. A minimum front yard setback of 20 feet is required for urban dwelling units. The measuring point shall be taken from the front lot line to the closest point of the urban dwelling unit. (4) Two-story structure. A two-story urban dwelling unit may only be allowed when an 800 square-foot urban dwelling unit cannot be achieved as a one-story. (5) Setback for two-story structure. In the case that a two-story urban dwelling unit is allowed, the second floor must provide a four-foot side setback from the first story if the setback does not preclude the development of a minimum 800 square foot unit. (6) Building separation. No detached urban dwelling unit shall be closer than six feet to any other accessory building, urban dwelling unit, or to the main building or dwelling, on the same lot or parcel. The six-foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature. (7) Retention of existing architectural style and elements. Additions or new urban dwelling units added to sites where an existing structure will be retained must match the architectural style of the main dwelling including but not limited to the roof pitch, window size, window type, exterior building materials, lighting fixtures, and paint colors. (8) Neighborhood context. Urban dwelling units should match the context of the surrounding neighborhood in regards to architectural style, color, exterior materials, and exterior architectural elements. (9) Open space. Urban dwellings must provide a minimum of 400 square feet of private open space. The open space must be directly accessible to the urban dwelling it serves. (10) Building Code compliance. The design and construction of each urban dwelling unit shall conform to all applicable provisions of the Building Code. The urban dwelling unit shall comply with all provisions of the San Gabriel Municipal Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the urban dwelling unit will be located as well as all applicable codes pertaining to building, fire, health, and/or safety. (C) Urban lot splits. The following requirements apply to urban lot splits in accordance with Cal. Gov’t Code § 66411.7: (1) Zoning designation. A proposed urban lot split is only allowed in a Single-Family Residential zone including the R-1 (Single-Family Residence), R-1CC (Single-Family Residence Country Club), and the R-1V (Villa Residential within the Mission District Specific Plan) zones. (2) Historic designation. A proposed urban lot split must not be located within a historic district or property included on the State Historic Resources Inventory, see Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (3) Demolition and alteration. A proposed urban lot split must not require the demolition or alteration of any of the following: (a) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (c) Housing that has been occupied by a tenant in the last three years. (4) Maximum number of lots. The maximum number of newly created lots as the result of an urban lot split is two lots. (5) Minimum allowed lot size. Both newly created parcels shall have a minimum of 1,200 square feet sized lots and be of approximately equal lot area. No lot shall be smaller than 40% of the lot area of the original lot. (6) Flag lots. No flag lots shall be created as a result of an urban lot split. (7) Easement. In the case of rear parcel created as a result of an urban lot split with no direct access to the public right-of-way, an easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) fire department access. (8) Existing structure setbacks. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure. (9) Adjacent sites. The owner of the parcel of the proposed urban lot split shall sign an affidavit that states that neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (10) Ministerial review. Proposals for urban lot splits must be reviewed ministerially, without discretionary review or a public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D). (11) Subdivision Map Act. Urban lot splits must conform to a

e owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (10) Ministerial review. Proposals for urban lot splits must be reviewed ministerially, without discretionary review or a public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D). (11) Subdivision Map Act. Urban lot splits must conform to a

e owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (10) Ministerial review. Proposals for urban lot splits must be reviewed ministerially, without discretionary review or a public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D). (11) Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with § 66410)), except as expressly provided in this section. (12) Dedication and/or off-site improvements. Dedication and/or off-site improvements cannot be required as a condition of approval for parcel maps regarding urban lot splits. (13) Owner affidavit. The owner of the originally subdivided lot must sign an affidavit that states the owner will reside on-site in one of the units as their principal place of residence for a minimum of three years from the date of the approval of the urban lot split. (14) Short term rentals. The use of short term rentals for any unit created by an urban lot split is prohibited. Any unit created pursuant to this chapter must be for a term longer than 30 consecutive calendar days. (15) Request for lot split. An applicant that requests an urban lot split must request the subdivision in writing on both the planning application form and clearly identified on the project plans. (D) Application process. The provisions of this section apply to the processing of urban dwelling units and urban lot splits: (1) Application. An application for the urban dwelling unit and/or urban lot split must be filed with the Community Development Department. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the city can review and take action on the request. The filing procedures and forms shall be published and made available to the public. No petition shall be received unless it complies with all filing requirements. All applications must include the applicable review fees. (2) Approval body. The Community Development Director acts on all proposed urban dwelling units and urban lot split applications and has the authority to interpret and establish guidance and procedures for the approving of such urban dwelling units and/or urban lot splits, consistent with state and local law. Urban dwelling unit and urban lot split applications must be reviewed ministerially and do not require a public hearing or noticing. (3) Review process. The Community Development Director will route applications for urban dwelling units and urban lot splits to necessary city departments for review and comment. Staff will provide comments to the applicant for review and consideration from the city departments. (4) Approval. If the application for the urban dwelling unit and/or urban lot split meets all the requirements established in this section, the Community Development Director shall approve or approve with conditions, the application. The action of the Community Development Director is final and conclusive, in the absence of an appeal.

cant for review and consideration from the city departments. (4) Approval. If the application for the urban dwelling unit and/or urban lot split meets all the requirements established in this section, the Community Development Director shall approve or approve with conditions, the application. The action of the Community Development Director is final and conclusive, in the absence of an appeal.

(5) Appeal. Any decision of the Community Development Director may be appealed to the City Council within the time and manner specified by § 153.004. The City Council may approve, deny or modify, in whole or in part, the action of the Community Development Director. The City Council shall utilize the evaluation criteria herein in making its decision.

(Ord. 683, passed 2-1-22)

(A) For new houses or for cumulative additions to existing houses of more than 25% of the existing gross floor area, the enclosed garage space requirements shall be based on the number of bedrooms as defined in § 153.045(B), pursuant to the following:

(B) Each new garage space required shall have internal dimensions of ten feet by 20 feet, and be independently accessible. Tandem parking shall not be permissible for the purposes of determining the required parking spaces. Carports and any other similar structure(s) shall be prohibited. The internal dimension requirement shall apply only when a new garage space is required by the construction of additional bedrooms and shall not be applied as a minimum dimensional standard to existing garages. (Ord. 466-C.S., passed 11-5-96; Am. Ord. 589 C.S., passed 2-1-11) Penalty, see § 153.999

Such uses as specified in § 151.032, except ADUs, shall also comply with the following limitations and standards:

(A) All such uses shall have and maintain a minimum net lot area of not less than 21,780 square feet; and

(B) All such uses shall have and maintain a minimum width, depth and street frontage of 70 feet; and

(C) All such uses the side yard area shall be a minimum width of ten feet, and the rear yard area shall be a minimum depth of ten feet; and

(D) All buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties; and

(E) All exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding properties; and

(F) All exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 644-C.S., passed 6-19-18) Penalty, see § 153.999

The following provisions are requirements established by the County Health Code adopted in § 97.01 of this code.

(A) Each single family dwelling unit located in the R-1 Zone shall comply with the following air space requirements:

(1) It shall be unlawful for a person to occupy or permit another person to occupy any room in a single family dwelling unit for sleeping purposes unless such room shall contain at least 560 cubic feet of air space; and

(2) It shall be unlawful for a person to permit other persons or for two persons to occupy any room in a single family dwelling unit for sleeping purposes unless such room contains at least 630 cubic feet of air space; and

(3) It shall be unlawful for a person to permit other persons or for two persons to occupy any room in a single family dwelling unit for sleeping purposes unless such room contains at least 630 cubic feet of air space plus 500 cubic feet of air space for each person occupying the room in excess of two persons; and

(4) Hallways, passageways, closets, bathrooms or toilet rooms shall not be considered in the determination of the available air space in sleeping quarters.

(B) Existing nonconformity. No building shall be deemed nonconforming pursuant to division (A)(1) of this section solely on the basis of available air space in sleeping quarters lawfully constructed in accordance with all regulations applicable at the time of its construction.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

LIMITED TWO-FAMILY RESIDENCE ZONES (R-1A)

The following uses shall be permitted in Limited Two-Family Residence Zones (R-1A):

(A) All uses permitted in the Single-Family Residence Zones (R-1); and

(B) One additional single-family dwelling unit for each 5,500 square feet of lot area in excess of the minimum site area of 5,500 square feet; and

(C) One accessory dwelling unit as provided for in § 153.047, and provided all other requirements relating to the development of such units in the R-1 Zone are met; and

(D) Conditionally permitted uses in the Single-Family Residence Zone (R-1) shall be permitted by conditional use permit as well in this zone.

(‘65 Code, § 9-3.501) (Ord. 556, passed - - ; Am. Ord. 686, passed - - ; Am. Ord. 427-C.S., passed 6-7-94; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 644-C.S., passed 6-19-18)

(A) Buildings in the R-1A Zone may be two stories in height but shall not exceed 28 feet.

(B) No accessory building or detached garage in the R-1A Zone shall be more than 15 feet in height, measured from the lowest adjoining grade to the highest point of the structure, without first having obtained a conditional use permit as provided for in §§ 153.241 et seq.

('65 Code, § 9-3.502) (Ord. 337-C.S., passed - - ; Am. Ord. 398-C.S., passed - - ) Penalty, see § 153.999

The minimum building site area in R-1A Zones shall be on one lot of not less than 5,500 square feet.

('65 Code, § 9-3.503) (Ord. 556, passed - - ; Am. Ord. 686, passed - - ) Penalty, see § 153.999

(A) Each front yard in an R-1A Zone shall be not less than 20% of the average depth of the lots in the block; provided, however, in no case shall the front yard be less than 20 feet, and it need not exceed 35 feet; and provided, further, where lots comprising 25% or more of the frontage of the block are occupied by buildings, no building erected or structurally altered upon such frontage shall project beyond the average front yard line of the lots next adjacent thereto on either side. A vacant lot shall be considered for this purpose as having a front yard as provided heretofore in this section. A lot having a front yard more than 35 feet in depth shall be considered for this purpose as having a front yard 35 feet in depth.

(B) Open, unenclosed porches, platforms, or land places not covered by a roof, awning, or canopy and not surrounded by a railing, which porches, platforms, or landings do not extend above the level of the ground floor of the building, may extend or project into the front yard not more than six feet.

(C) On key lots the minimum front yard shall be the average of the required front yard for the adjoining interior lot and the required side yard along the street side of the adjoining reversed corner lot. Where existing buildings on either or both of such adjoining lots are located nearer to the street than the yards required above, the yards established by such existing buildings shall be used in computing the front yard for a key lot.

('65 Code, § 9-3.504) (Ord. 556, passed - - ; Am. Ord. 686, passed - - ) Penalty, see § 153.999

(A) Total side yards in the R-1A Zone shall be 16 feet with a minimum of six feet on any one side. Cornices and eaves may extend into the required side yard for a distance not to exceed 18 inches. No other miscellaneous encroachments such as chimneys, bay windows or other architectural feature are permitted, except in a side yard of eight feet or more, in which case an encroachment of a maximum of 18 inches is allowed. For lots of more than 10,000 square feet and 70 feet of lot frontage, each side yard setback shall be increased by one foot for each 1,000 square feet over the 10,000 square foot base. Outside stairways, porches, or landing places unenclosed and unroofed may extend into a required side yard for a distance not to exceed three feet.

(B) On corner lots, the side yard on the street side shall not be less than 12 feet.

(C) Detached nonhabitable accessory buildings not exceeding one story in height shall maintain a minimum side yard setback of four feet if the building is less than 100 feet from the front property line, and two feet if the building is more than 100 feet from the front property line. For habitable accessory buildings, the side yard setback is five feet. (D) A single story addition to a single story house may be constructed by maintaining the existing building line of the house for a maximum of 50% of the length of the existing house or 25 feet, whichever is greater, provided that the existing side yard setback is at least four feet.

('65 Code, § 9-3.505) (Ord. 337-C.S., passed - - ; Am. Ord. 357-C.S., passed - - ) Penalty, see § 153.999

Any portion of a single-family dwelling that is in excess of one story shall maintain side yard setbacks of ten feet from each side property line. Cornices and eaves may extend into the required side yard for a distance not to exceed 18 inches. No other miscellaneous encroachments such as chimneys, bay windows or any other architectural features are permitted, except in a side yard of eight feet or more, in which case an encroachment of a maximum of 18 inches is allowed. ('65 Code, § 9-3.505(a)) (Ord. 337-C.S., passed - - ) Penalty, see § 153.999

(A) The rear yard in R-1A yards shall be not less than 20 feet in depth.

(B) In computing the depth of the rear yard from any building where such yard opens upon a public street, alley, way, or park, one-half, but not to exceed ten feet of the width of such street, alley, way, or park, may be considered to be a portion of the rear yard.

(C) Outside stairways, unroofed and unenclosed, may extend into rear yards for a distance not to exceed four and one-half feet.

(D) A detached accessory building not exceeding one story in height may occupy not more than one- half the area of the rear yard.

('65 Code, § 9-3.506) (Ord. 556, passed - - ; Am. Ord. 686, passed - - ) Penalty, see § 153.999

No detached dwelling, or other main building, in the R-1A Zones shall be closer than 20 feet to any other detached dwelling or main building on the same building site, and no detached accessory building, or ADU shall be closer than six feet to any other accessory building or main building on the same building site. No detached accessory building shall be used as a dwelling prior to the erection, construction, or occupancy of a dwelling, apartment house, hotel, or other principal or main structure permitted within the R Zones. (‘65 Code, § 9-3.507) (Ord. 556, passed - - ; Am. Ord. 686, passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

Lot coverage for existing and new single-family homes shall not exceed 35% of the total net lot area. For the purposes of this calculation, buildings, impervious surfaces greater than 42 inches in width (other than required driveways), covered and uncovered patios (other than required landings), accessory structures (including but not limited to garages, carports, storage sheds, gazebos, pool equipment rooms and similar structures), and raised and at-grade decks shall be counted toward the lot coverage. (‘65 Code, § 9-3.508) (Ord. 337-C.S., passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 636-C.S., passed 8-15-17) Penalty, see § 153.999

No single-family dwelling in excess of one story in whole or part shall exceed a floor area ratio (FAR) of .35. Detached garages are excluded from the calculation. Excluded from the calculation are any other detached accessory buildings not intended to be habitable. ('65 Code, § 9-3.509) (Ord. 337-C.S., passed - - ) Penalty, see § 153.999

The second story floor area shall be 25% less than the first floor area. Detached garages are excluded from the calculation. Integral garages are included within the calculation. An integral garage is one with at least two sides connected to the house.

('65 Code, § 9-3.510) (Ord. 337-C.S., passed - - ) Penalty, see § 153.999

If an integrated garage is proposed to be located in the front of a house, then the garage portion shall be set back an additional ten feet from the average front line of the house portion. Lots greater than 10,000 square feet and 70 feet of lot frontage are excluded from this requirement. ('65 Code, § 9-3.511) (Ord. 337-C.S., passed - - ) Penalty, see § 153.999

For new or existing houses, if the total living area of the house is more than 2,500 square feet, then one additional garage space is required. ('65 Code, § 9-3.512) (Ord. 337-C.S., passed - - ) Penalty, see § 153.999

LOW DENSITY MULTIPLE-FAMILY RESIDENCE ZONES (R-2)

The following regulations shall be applicable to all use of property in the R-2 zone, to promote the general welfare and encourage smart growth by achieving the following:

(A) To ensure that the size of new structures and additions does not exceed the scale of their surroundings;

(B) To provide adequate separation between structures and the surrounding properties and streets to allow for light, ventilation and access;

(C) To compensate for the density of the residential development through the provision of adequate passive and active open space areas;

(D) To maximize security through the use of common semi-public areas and mutually visible entries; and

(E) To conform to residential design guidelines as they maybe adopted from time to time by the City Council.

(Ord. 526-C.S., passed 7-16-02)

The following uses shall be permitted in Low Density Multiple-Family Residence Zones (R-2):

(A) All uses permitted in the Single-Family Residence Zones (R-1) and Limited Two-Family Residence Zones (R-1A);

(B) Group dwellings and multiple-family dwellings;

(C) State licensed family day care homes; and

(D) Residential care facilities housing six or fewer persons.

(E) ADUs shall be allowed in accordance with the provisions of § 153.047, and provided all other requirements relating to the development of such units in the R-l Zone are met.

(‘65 Code, § 9-3.601) (Ord. 556, passed - - ; Am. Ord. 80-C.S., passed - - ; Am. Ord. 410-C.S., passed - - ; Am. Ord. 534-C.S., approved 6-17-03; Am. Ord. 653, passed 10-1-19)

The maximum building height is two stories or 35 feet.

('65 Code, § 9-3.602) (Ord. 556, passed - - ; Am. Ord. 80-C.S., passed - - ) Penalty, see § 153.999

The minimum building site area in the R-2 Zone shall be one lot, but in no case shall a lot having an area less than 7,920 square feet be used as a building site for more than one family dwelling unit; provided, however, the minimum site area shall be 3,960 square feet of net lot area for each family dwelling unit. Further, no lot created after September 20, 1985 shall have less than 70 feet of street frontage or an area of less than 10,000 square feet.

(‘65 Code, §9-3.603) (Ord. 556, passed - - ; Am. Ord. 80-C.S., passed - - ; Am. Ord. 543-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

(A) Each front yard in R-2 Zones shall be not less than 20 feet, and not more than 25 feet; and provided, further, where lots comprising 25% or more of the frontage of the block are occupied by buildings, no building erected or structurally altered upon such frontage shall, project beyond the average front yard line of the lots next adjacent thereto on either side. A vacant lot shall be considered for this purpose as having a front yard as provided heretofore in this section. A lot having a front yard more than 25 feet in depth shall be considered for this purpose as having a front yard 25 feet in depth.

(B) Open, unenclosed porches, platforms, or landing places not covered by a roof, awning, or canopy and not surrounded by a railing, which porches, platforms, or landings do not extend above the level of the ground floor of the building, may extend or project into the required front yard not more than six feet.

('65 Code, § 9-3.604) (Ord. 556, passed - - ; Am. Ord. 797, passed - - ; Am. Ord. 80-C.S., passed - - ) Penalty, see § 153.999

(A) Minimum side yards in R-2 Zones shall not be less than five feet for one story structures, 10 feet for two story structures up to 28 feet in height and 15 feet for two story structures in excess of 28 feet in height.

(B) On corner lots the side yard on the side street shall be not less than 12 feet.

(C) Outside stairways, porches, or landing places unenclosed and unroofed may extend into a side yard for a distance not to exceed three feet.

(D) Cornices, canopies, eaves, or any architectural feature not providing additional floor space within the building may extend into a side yard a distance not to exceed one foot. ('65 Code, § 9-3.605) (Ord. 556, passed - - ) Penalty, see § 153.999

(A) The rear yard in R-2 Zones shall be not less than ten feet in depth, unless the property abuts an R-1Zone, in which case the rear yard shall be not less than 20 feet.

(B) Outside stairways, unroofed and unenclosed, may extend into rear yards for a distance not to exceed four and one-half feet.

(C) A detached accessory building not exceeding one story in height shall have a rear yard or not less than five feet and may not occupy more than one-half the area of the rear yard.

(‘65 Code, § 9-3.606) (Ord. 556, passed - - ; Am. Ord. 80-C.S., passed - - ; Am. Ord. 601-C.S., passed 3-4-14) Penalty, see § 153.999

No detached dwelling, or other main building, in the R-2 Zone shall be closer than 20 feet to any other detached dwelling or main building on the same building site, and no detached accessory building, or ADU shall be closer than six feet to any other accessory building or main building on the same building site. (‘65 Code, § 9-3.607) (Ord. 556, passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

Dwelling units in the R-2 Zone shall meet the following minimum standards:

(A) One-bedroom dwelling units shall have a minimum of 880 square feet of floor area.

(B) One-bedroom and den or two-bedroom dwelling units shall have a minimum of 1,100 square feet of floor area and shall have a full bathroom.

(C) Two-bedroom and den or three-bedroom dwelling units shall have a minimum of 1,320 square feet of floor area and shall have, as a minimum, a single bathroom and a 3/4 bathroom.

(D) The minimum size of a bedroom shall be 125 square feet, excluding closet areas.

(E) This section shall not apply to ADUs.

(‘65 Code, § 9-3.608) (Ord. 80-C.S., passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

(A) In the R-2 Zone, no new development of any multi-family dwellings or group dwellings shall be approved and no building permits, use permits or other entitlements shall be issued for any such development unless and until the owner or his designated representative files with and to the satisfaction of the Community Development Director, a site plan showing in addition to the buildings and front, side and rear yards, recreational and leisure areas, passive amenities, private areas and common areas as required by this section.

(B) In the R-2 Zone, a minimum of 500 square feet of recreational and leisure area shall be provided for each bedroom within each multi-dwelling or group dwelling project site.

(C) Such recreational and leisure areas may consist of the following:

(1) Private areas. Private areas consisting of patios, yards, or balconies shall constitute a minimum of 40% of the total recreational and leisure area provided. Private areas located on the ground level shall have a minimum dimension of ten feet, a minimum area of 200 square feet and shall be provided with solid enclosures between three and six feet in height and composed of material that is compatible in design and color with the adjoining dwelling unit. Private areas located above ground level shall have a minimum dimension of six feet and minimum area of 50 square feet. Such balconies shall be enclosed with railings which meet the safety standards of the latest adopted edition of the California Building Code.

(2) Common areas. All recreational and leisure areas which are not used for private areas shall consist of common areas. Common areas shall have a minimum dimension of 20 feet and may include open lawn areas with less than a 10% grade, passive amenities, courtyards, and open spaces between buildings. Pergolas, swimming pools, tennis courts, play lots, volleyball pits, enclosed structures such as a gymnasium or racquetball court, or community gardens may also count as common areas but shall not be located in the front yard. Enclosed structures shall not constitute more than 10% of the total recreational and leisure area. The remaining common area shall be open space, which shall be usable and integral to the project.

(3) On-site open space reductions. The Planning Commission may grant up to a 50% reduction in common open space requirements for developments that:

(a) Locate and allow public access to common open space areas immediately contiguous and directly accessible to a public park;

(b) Provide publicly accessible trail easements or pedestrian connections to existing open spaces, parks, or other public amenities; or

(c) Dedicate scenic and public access easements access along the Alhambra wash or Rubio wash.

(4) Off-site dedication. As part of a citywide long-range park and open space master plan, the city may establish a program where required recreational and leisure area may be provided off-site through the dedication and improvement of public open space consistent with city goals and policies. Improvements may include but are not limited to pocket parks, trails, or public plazas.

(5) In-lieu fee. The city may establish a program allowing for the payment of fees in lieu of providing on-site common open space. If this program is established, an applicant may opt to pay a fee at the rate established in lieu of providing common-site open space. Fees collected may be used to provide, enhance, or expand park and open space areas for residents.

(Ord. 308-C.S., passed 9-20-88; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 601-C.S., passed 3-4-14)

Prior to the issuance of any building permits for new homes within 1,000 feet of the I-10 freeway, within 500 feet of any rail line and within 200 feet of any arterial street, the applicant shall submit an acoustical analysis to the Community Development Director. This analysis shall indicate the existing and projected Community Noise Equivalent Levels (CNEL's) on the site and the method by which the noise is to be controlled or reduced to no more than 45 db within the interior living space of all proposed dwelling units. (Ord. 308-C.S., passed 9-20-88; Am. Ord. 535-C.S., passed 1-20-04)

All single-family residential units constructed in the R-2 Zone shall comply with the development standards for single-family residential units in the R-1 Zone.

MULTIPLE-FAMILY RESIDENCE ZONES (R-3)

The following regulations shall be applicable to all use of property in the R-3 zone, to promote the general welfare and encourage smart growth by achieving the following:

(A) To ensure that the size of new structures and additions does not exceed the scale of their surroundings;

(B) To provide adequate separation between structures and the surrounding properties and streets to allow for light, ventilation and access;

• (C) To compensate for the density of the residential development through the provision of adequate passive and active open space areas;

(D) To maximize security through the use of common semi-public areas and mutually visible entries; and

(E) To conform to residential design guidelines as they may be adopted from time to time by the City Council.

(Ord. 526-C.S., passed 7-16-02)

The following uses shall be permitted in the Multiple-Family Residence Zone (R-3):

(A) All uses permitted in the Single-Family Residence Zone (R-1), Limited Two-Family Residence Zone (R-1A), and Low Density Multiple-Family Residence Zone (R-2); (B) Group dwellings and multiple-family dwellings;

(C) Hospital and hospital related uses provided a conditional use permit is obtained pursuant to §§ 153.240 through 153.248; and

(D) All single-family residential units constructed in the R-3 Zone shall comply with the development standards for single-family residential units in the R-1 Zone (see §§ 153.030 through 153.042).

(E) ADU shall be allowed in accordance with the provisions of § 153.047, and provided all other requirements relating to the development of such units in the R-1 Zone are met.

(F) Transitional and supportive housing as defined in Cal. Health & Safety Code §§ 50675.2(h) and 50675.14(b).

(‘65 Code, § 9-3.701) (Ord. 556, passed - - ; Am. Ord. 652, passed - - ; Am. Ord. 241-C.S., passed - - ; Am. Ord. 410-C.S., passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 590-C.S., passed 3-1-11; Am. Ord. 644-C.S., passed 6-19-18)

Maximum height is three stories or 35 feet.

('65 Code, § 9-3.702) (Ord. 556, passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - - ) Penalty, see § 153.999

The minimum building site area in the R-3 Zone shall be one lot not less than 5,000 square feet in area; provided, however, the minimum site area shall be 1,742 square feet of net lot area for each family dwelling unit. No lot created after September 20,1985 shall have less than 70 feet of street frontage or an area of less than 10,000 square feet. (‘65 Code, § 9-3.703) (Ord. 556, passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

Each front yard in the R-3 Zone shall have a depth not less than 15 feet; except that the front yard shall be set back an additional three feet for each story which is proposed to be built above the first story.

('65 Code, § 9-3.704) (Ord. 556, passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - - ) Penalty, see § 153.999

(A) Each side yard in the R-3 Zone shall be not less than 10 feet in width for buildings up to 28 feet in height and not less than 15 feet for buildings in excess of 28 feet in height.

(B) On corner lots the side yard on the side street shall be not less than ten feet in width.

(C) Outside stairways, porches, or landing places unenclosed and unroofed may extend into a side yard for a distance not to exceed three feet.

(D) Cornices, canopies, eaves, or any architectural feature not providing additional floor space within the building may extend into a side yard a distance not to exceed one foot. ('65 Code, § 9-3.705) (Ord. 556, passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - - ) Penalty, see § 153.999

(A) The rear yard in the R-3 Zone shall be not less than ten feet in depth, unless the property abuts an R-1 Zone, in which case the rear yard shall be not less than 20 feet.

(B) The rear yard shall be set back an additional three feet for each story which is proposed to be built above the first story.

(C) Outside stairways, unroofed and unenclosed, may extend into rear yards for a distance not to exceed four and one-half feet.

(D) A detached accessory building not exceeding one story in height may occupy not more than one-half the area of the rear yard.

(‘65 Code, § 9-3.706) (Ord. 556, passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - - ; Am. Ord. 601-C.S., passed 3-4-14) Penalty, see § 153.999

No detached dwelling, or other main building, in the R-3 Zone shall be closer than 20 feet to any other detached dwelling or main building on the same building site, and no detached accessory building, or ADU shall be closer than six feet to any other accessory building or main building on the same building site. (‘65 Code, § 9-3.707) (Ord. 556, passed - - ; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

In the R-3 Zone:

(A) One-bedroom dwelling units shall have a minimum of 880 square feet of floor area.

(B) One-bedroom and den or two-bedroom dwelling units shall have a minimum of 1,100 square feet of floor area and shall have a full bathroom.

(C) Two-bedroom and den or three-bedroom dwelling units shall have a minimum of 1,320 square feet of floor area and shall have, as a minimum, a single bathroom and a 3/4 bathroom.

(D) The minimum size of a bedroom shall be 125 square feet, excluding closet areas.

(E) This section shall not apply to ADUs.

(‘65 Code, § 9-3.708) (Ord. 556, passed - - ; Am. Ord. 912, passed - - ; Am. Ord. 285-C.S., passed - - ; Am. Ord. 286-C.S., passed - -; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 653, passed 10-1-19) Penalty, see § 153.999

Apartment buildings in the R-3 Zone with three or more stories shall comply with ADA requirements with respect to elevators. ('65 Code, § 9-3.709) (Ord. 556, passed - - ; Am. Ord. 912, passed - - ; Am. Ord. 535-C.S., passed 1-20-04) Penalty, see § 153.999

Prior to the issuance of any building permits for new homes within 1,000 feet of the I-10 freeway, within 500 feet of any rail line and within 200 feet of any arterial street, the applicant shall submit an acoustical analysis to the Community Development Director. This analysis shall indicate the existing and projected Community Noise Equivalent Levels (CNEL's) on the site and the method by which the noise is to be controlled or reduced to no more than 45 db within the interior living space of all proposed dwelling units. (Ord. 308-C.S., passed 9-20-88; Am. Ord. 535-C.S., passed 1-20-04)

MULTI-FAMILY RECREATIONAL AREAS

(A) In the R-3 Zone, no new development of any multi-family dwellings or group dwelling shall be approved and no building permits, use permits or other entitlements shall be issued for any such development unless and until the owner or his designated representative files with and to the satisfaction of the Community Development Director, a site plan showing, in addition to the buildings and front, side and rear yards, recreational and leisure areas, passive amenities, private areas and common areas as required by this section. (B) In the R-3 Zone, a minimum 400 square feet of recreational and leisure area shall be provided for each bedroom within each multi-family dwelling or group dwelling project site.

(C) Such recreational and leisure areas may consist of the following:

(1) Private areas . Private areas consisting of patios, yards, or balconies shall constitute a minimum of 40% of the total recreational and leisure area provided. Private areas located on the ground floor shall have a minimum dimension of ten feet, a minimum area of 200 square feet and shall be provided with solid enclosures between three and six feet in height and composed of material that is compatible in design and color with the adjoining dwelling unit. Private areas located above ground level shall have a minimum dimension of six feet and a minimum area of 50 square feet. Such balconies shall be enclosed with railings which meet the safety standards of the latest adopted edition of the California Building Code .

(2) Common areas. All recreational and leisure areas which are not used for private areas shall consist of common areas. Common areas shall have a minimum dimension of 20 feet and may include open lawn areas with less than a 10% grade, passive amenities, courtyards, and open spaces between buildings. Pergolas, swimming pools, tennis courts, play lots, volleyball pits, enclosed structures such as a gymnasium or racquetball court, or community gardens may also count as common areas but shall not be located in the front yard. Enclosed structures shall not constitute more than 10% of the total recreational and leisure area. Paved game courts and rooftops specifically designed for outdoor leisure activities shall not constitute more than 10% of the total recreational and leisure area. The remaining common area shall be open space, which shall be usable and integral to the project.

(3) On-site open space reductions. The Planning Commission may grant up to a 50% reduction in common open space requirements for developments that:

(a) Locate and allow public access to common open space areas immediately contiguous and directly accessible to a public park;

(b) Provide publicly accessible trail easements or pedestrian connections to existing open spaces, parks, or other public amenities; or

(c) Dedicate scenic and public access easements access along the Alhambra wash or Rubio wash.

(4) Off-site dedication. As part of a citywide long-range park and open space master plan, the city may establish a program where required recreational and leisure area may be provided off-site through the dedication and improvement of public open space consistent with city goals and policies. Improvements may include but are not limited to pocket parks, trails, or public plazas.

(5) In-lieu fee. The city may establish a program allowing for the payment of fees in lieu of providing on-site common open space. If this program is established, an applicant may opt to pay a fee at the rate established in lieu of providing common-site open space. Fees collected may be used to provide, enhance, or expand park and open space areas for residents.

(Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 601-C.S., passed 3-4-14)

In the R-2 and R-3 zones the following development standards shall apply and no use permit, building permit or other entitlement shall be issued or approved unless such standards are complied with:

(A) Maximum lot coverage. Buildings and accessory buildings, other than those accessory buildings which are specifically designed and built as a recreational or leisure amenity, shall not occupy more than 55% of any lot in the R-2 Zone or 60% of any lot in the R-3 Zone.

(B) Minimum side yards. Each side yard in the R-2 and R-3 Zones shall be not less than 10 feet for buildings up to 28 feet in height, and not less than 15 feet for buildings in excess of 28 feet in height.

(C) Facade articulation. All street-facing facades shall have relief in plane and texture through projections or recesses and changes in materials. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

(D) Building orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multiple-family housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards.

(E) All buildings, other than accessory buildings, located on the same lot shall be separated from each other by at least 20 feet. Covered or uncovered walkway connections, patio covers, architectural features, etc., shall not be construed as an extension of a building.

(F) A minimum of 75 square feet of habitable floor space shall be provided within each dwelling unit for each occupant. Habitable floor space shall not include hallways, kitchens, closets, attics, garages, attached or detached accessory structures, bathrooms, utility storage areas or other storage areas.

(G) Trash enclosures shall be located no closer than 25 feet from any door opening to the outside of or any window of any dwelling unit.

(H) (1) Prior to the issuance of any building permits for new homes within 1,000 feet of the I-10 Freeway, within 500 feet of any rail line and within 200 feet of any arterial street, the applicant shall submit an acoustical analysis to the Director of Public Works. This analysis shall indicate the existing and projected CNEL’s on the site and the method by which the noise is to be controlled or reduced to no more than 65 db within the exterior living space and no more than 45 db within the interior living space of all proposed dwelling units.

200 feet of any arterial street, the applicant shall submit an acoustical analysis to the Director of Public Works. This analysis shall indicate the existing and projected CNEL’s on the site and the method by which the noise is to be controlled or reduced to no more than 65 db within the exterior living space and no more than 45 db within the interior living space of all proposed dwelling units.

(2) In addition, an air quality analysis shall be provided which describes existing and projected concentration of air pollutants at the site in relation to standards set by the California Air Resources Board and the U.S. Environmental Protection Agency. Design features shall be incorporated which would control or reduce pollutant concentration to state standards, or if such provisions are not feasible, an explanation of overriding considerations shall be provided which justifies approval of the project despite unmitigated air pollutant exposure.

(I) Sufficient right-of-way shall be improved and dedicated to the city, as needed, to achieve complete half-width street improvements along the affected lot frontages, in accordance with the city’s master plan of streets.

(Am. Ord. 608-C.S., passed 5-10-14)

GENERAL DISTRICT REQUIREMENTS

Any lot shown upon an official subdivision map duly approved and recorded, any lot for which a deed was of record, any lot shown by a separate number or letter on a record of survey map filed with the County Recorder, and any lot for which a contract of sale was in full force and effect on May 23, 1939, may be used as a building site. ('65 Code, § 9-3.1503) (Ord. 556, passed - - )

Residential accessory buildings and structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached decks and patios made of impervious materials, rain barrels, cisterns, compost bins, and similar structures. Uncovered decks and patios under 18 inches in height and fences are not subject to the regulations of this section.

(A) Location. (1) Street line setback. An accessory building which is not an integral part of the main building shall not be located within the front yard, and, if within 100 feet of the front street line, it shall have a side yard not less than four feet in width. (2) Interior setbacks. Accessory structures less than eight feet in height and less than 120 square feet in size shall be set back a minimum of three feet from any interior side or rear lot line. Accessory structures eight feet or more in height or 120 square feet or more in size shall be set back a minimum of five feet from any interior side or rear lot line or adhere to the interior side and rear setback requirements for accessory buildings of the applicable zoning district, whichever results in the greater setback. (3) Attached accessory buildings. Where an accessory building is attached to and made a part of the main building, at least 50% in length of one wall of such accessory building shall be an integral part of the main building, and such accessory building shall comply in all respects with the requirements of this chapter applicable to the main building, except that the attached accessory building may be not less than 15 feet from the rear lot line and occupy not more than 50% of the rear yard area. (B) Location; sloping lots in residence zones excepted. Detached accessory buildings in the R-1, R-1A, R-2, and R-3 Zones shall be excepted from the provisions of division (A)(1) of this section as to their location upon the lot where the slope of the front half of the lot is greater than 25% from the established street elevation at the property line, or, where the elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line, a private garage may be built not less than five feet from the front property line.

is section as to their location upon the lot where the slope of the front half of the lot is greater than 25% from the established street elevation at the property line, or, where the elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line, a private garage may be built not less than five feet from the front property line.

(C) Location; corner lots. (1) In the case of a corner lot, no accessory building shall be erected, altered, or moved so as to encroach upon the front half of such lot. (2) On corner lots where the rear line abuts a side line of a key lot to the rear, an accessory building which is not an integral part of the main building shall be not less than 20 feet from the side street line. (3) On corner lots where the rear line abuts the rear line of a lot to the rear, an accessory building which is not an integral part of the main building shall be not less than 12 feet from the side street line. (4) On corner lots where the rear line abuts a side line of a key lot to the rear, an accessory building which is an integral part of the main building shall be not less than 15 feet from the rear line. (5) On corner lots where the rear line abuts the rear line of a lot to the rear, an accessory building which is an integral part of the main building shall be not less than five feet from the rear lot line. (D) Temporary structures. (1) Location. Temporary structures are prohibited in the front yard and street side yard in all zones. Temporary structures are permitted only in rear yards and side yards in all zones, provided that they are not visible from the public right-of-way, that they meet all applicable setback and height requirements for accessory buildings, and that they do not obstruct access to required parking. (2) Repair and maintenance. Temporary structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any temporary structure maintained in disrepair shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material is prohibited. (3) Lot coverage. Temporary structures are subject to building coverage requirements and shall be included in calculations of maximum lot coverage in all zones. (4) Nonconforming temporary structures. Temporary structures in existence as of the effective date of this subsection and which do not comply with its provisions shall not be considered nonconforming structures as defined in § 153.420 and shall not be subject to the amortization provisions of § 153.422. Temporary structures in existence as of the effective date of this subsection and which do not comply with its provisions shall be removed and made to comply with the provisions of this subsection within 90 days of the effective date of this subsection. (‘65 Code, § 9-3.1506) (Ord. 556, passed - - ; Am. Ord. 597, passed - - ; Am. Ord. 628, passed - -; Am. Ord. 541-C.S., passed 1-20-04; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 153.999

(A) Six feet shall be the maximum height of any fence and wall along the rear lot line or between the rear lot line and the front line of the main building. Four feet shall be the maximum height of any fence or wall located between the front line of the main building and the front lot line. Fences and walls shall be set back at least 30 inches from the front property line for purposes of providing landscaping. Said landscaping shall consist of any combination of turf, groundcover, shrubs, or vines and shall not exceed the height of the fence or wall.

(B) Property line fences and walls in the rear yard of interior lots and in the rear yard of corner lots, except along any line that abuts the side line of a key lot, and except along any portion of a lot line of a corner lot nearer to the side street than the building setback line of the improvements on the lot, or the improvements on the lot adjacent thereto, may extend to a total height of seven and one-half feet under the following conditions:

(1) On a key lot no fence, or wall of a height more than four feet shall extend into the front yard nearer the street on the side abutting the rear of the corner lot than the closest corner of the main building on the corner lot.

(2) Any fence and wall along the front or side line of a corner lot within 35 feet of the intersection of the front and side lines shall be no more than two feet high measured from the elevation of the top of the curb adjacent to such wall or fence.

(3) In those situations where the Police Chief and the Community Development Director find that an existing fence or wall on a corner lot creates a public nuisance or traffic hazard, the Council may require that the restrictions stated in this section be complied with.

(4) On corner lots no fence or wall of a height more than four feet shall extend into the side yard adjacent to the street nearer than any portion of the main building on such lot; and if the corner lot abuts a key lot to the rear, no fence or wall of a height more than four feet shall extend into the side yard adjacent to the street nearer than the closest front corner of the main building on the key lot.

(5) If the owner or occupant of a lot desires to construct and maintain a swimming pool on such property such swimming pool shall not be constructed, maintained, or set closer to the street than the front line of the building setback line established for that block, and he shall conform to the provisions of the Uniform Building Code, the swimming pool fencing provisions set out in §§ 150.180 through 150.181, and the provisions of § 153.129.

to construct and maintain a swimming pool on such property such swimming pool shall not be constructed, maintained, or set closer to the street than the front line of the building setback line established for that block, and he shall conform to the provisions of the Uniform Building Code, the swimming pool fencing provisions set out in §§ 150.180 through 150.181, and the provisions of § 153.129.

(6) If the owner or occupant of a lot desires to construct and maintain a tennis or badminton court on such premises, such tennis or badminton court shall not be erected, maintained, or set closer to the street than the front line of the building setback line established for that block. Such badminton or tennis court may be enclosed by a fence attached to such supports as may be required by the Community Development Director as to size, design, strength, utility, and safety pursuant to the standards set by the Uniform Building Code and engineering principles pertaining to stresses, strains, and wind resistance. Nothing shall be grown, placed, or maintained upon or against such fence that will in any way or manner obstruct the passage of light or air through such fence above the height of six feet.

(‘65 Code, § 9-3.1507) (Ord. 556, passed - - ; Am. Ord. 911, passed - - ; Am. Ord. 10-C.S., passed - - ; Am. Ord. 37-C.S., passed - - ; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 716, passed 5-6-25) Penalty, see § 153.999

Notwithstanding any of the provisions of § 153.127, ornamental screening walls may be erected in the front yard of a lot in the R-1, R-1A, and R-2 Zones and in the front and side yards of a corner lot in the R-1, R-1A, and R-2 Zones subject to the following regulations and conditions:

(A) Height. Screening walls shall not exceed a height of six feet above the average grade of the ground at the base of such screening wall.

(B) Regulations pertaining to interior lots. (1) Screening walls shall be no nearer the front property line than three-fourths of the average setback distance of the residences in the block but in no case nearer the front property line than 15 feet.

(2) The length of such screening walls measured parallel to the front property line shall not exceed of the length of the front property line, nor in any case be longer than 20 feet.

(3) Screening walls shall be at least four feet from a side property line and at least five feet from any driveway.

(C) Regulations pertaining to corner lots.

(1) The front yard setback distance for screening walls shall be the same as that described for interior lots.

(2) The length of screening walls in the front yard shall be the same as that described for interior lots.

(3) Screening walls shall be at least four feet from any interior side property line and at least five feet from any driveway.

(4) Front yard screening walls shall extend to a point no nearer the side street than the side yard setback distance plus five feet.

(5) Screening walls in the side yard shall be no more than 25 feet in length.

(6) Screening walls in the side yard shall be at least five feet from any driveway or rear property line.

(7) Screening walls in the side yard shall be no nearer the front property line of the lot than the front yard setback distance plus five feet.

(8) Screening walls in the side yard of a corner lot shall be at least five feet from the side property line, and the distance from the screening wall to the line of the main building shall not exceed one-half the distance from the side property line to the line of the main building.

('65 Code, § 9-3.1507.1) (Ord. 10-C.S., passed - - ) Penalty, see § 153.999

Private or public swimming pools shall be protected by adequate fencing as provided in §§ 150.180 and 150.181 of this title, shall be located to the rear of the front building setback line as provided in § 153.127, and shall be located to comply with the following separation requirements:

(A) The distance from the inner surface of the pool wall to a garage or other accessory building shall be five feet.

(B) The distance from the inner surface of the pool wall to a dwelling or other main building shall be a distance equal to the depth of the pool at any adjacent point, less one foot, with a minimum of five feet.

(C) The distance from the inner surface of the pool wall to a masonry wall shall be five feet.

('65 Code, § 9-3.1509) (Ord. 556, passed - - ; Am. Ord. 797, passed - - ) Penalty, see § 153.999

• (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AIRCRAFT. Any contrivance used or designed for navigation of, or flight in, the air.

BOAT. Watercraft of any size.

CAMPER, HOUSE CAR, MOTORCYCLE, MOTOR-DRIVEN CYCLE, MOTOR TRUCK, MOTOR VEHICLE, PASSENGER VEHICLE, TRAILER COACH, TRUCK TRACTOR, TRAILER, IMPLEMENTS OF HUSBANDRY, SPECIAL CONSTRUCTION EQUIPMENT and VEHICLE. These terms shall mean the same as such words are defined in the California Vehicle Code.

DISASSEMBLED VEHICLE. An aircraft, boat, or vehicle which is not operable by reason of the removal of or damage to integral component parts. DISMANTLE. The removal or stripping of one or more integral component parts from an aircraft, boat, or vehicle.

DRIVEWAY AREA. A paved, surfaced, or clearly delineated way not in excess of 20 feet in width designed for vehicular ingress and egress. PARK. The standing of a motor vehicle, aircraft, or boat.

PERMANENT STORAGE. The presence on the premises for a period of 72 or more consecutive hours.

REPAIR. The work necessary to restore a vehicle to a usable condition.

STORE or STORAGE. To keep or locate for future use.

(B) Prohibited storage. Except as otherwise provided by this code, in the R-1, R-1A, R-2, and R-3 Zones, or with respect to any residential use maintained in any other zone, no portion of any front yard, no portion of the outer three feet of any side yard, no portion of the rear three feet of any rear yard, nor any portion of the side yard on the side street of a corner lot shall be used for the permanent storage of any aircraft, boat, camper, house car, implement of husbandry, motorcycle, motor-driven cycle, motor truck, motor vehicle,

passenger vehicle, special construction equipment, trailer, trailer coach, truck, tractor, vehicle, or any part or portion of any of the foregoing, building materials, or temporary structures of any kind; provided, however, building materials in temporary storage during the time a valid building permit is in effect for construction upon the premises may be placed upon such portions of the front, side, or rear yards.

(C) Prohibited parking and storage. In the R-1, R-1A, R-2, and R-3 Zones, or with respect to any residential use maintained in any other zone, no aircraft, boat, camper, house car, trailer, trailer coach, or similar contrivance shall be parked, left standing, or temporarily stored on any private property if such contrivance, or any part thereof, is within eight feet of any residence or dwelling unit on any adjoining property.

age._ In the R-1, R-1A, R-2, and R-3 Zones, or with respect to any residential use maintained in any other zone, no aircraft, boat, camper, house car, trailer, trailer coach, or similar contrivance shall be parked, left standing, or temporarily stored on any private property if such contrivance, or any part thereof, is within eight feet of any residence or dwelling unit on any adjoining property.

(D) Parking aircraft, boats, or vehicles. No person shall park any aircraft, boat, or vehicle, or any component thereof, for any purpose in any front or side yard on any lot in the residential zones except in a driveway area. The parking of such aircraft, boat, or vehicle shall be permitted in rear yards or side yards if such area is completely enclosed by viewobscuring walls not less than six feet in height or by the exterior walls of a building or buildings which completely obscure such aircraft, boat, or vehicle from the view of persons on public streets or other adjacent properties.

(E) Repair or dismantling aircraft, boats, or vehicles prohibited. No person shall assemble, repair, or disassemble any aircraft, boat, vehicle, or similar contrivance, other than as provided in this section, on any part of any lot in the residential zones unless such work is done:

(1) Within an enclosed building; or

(2) In an open area which is completely enclosed by view-obscuring walls not less than six feet in height or by the exterior walls of a building or buildings which completely obscure the work from the view of persons on public streets or other adjacent properties.

(F) Exceptions. The prohibitions imposed in this section shall not be deemed to apply to the occasional and incidental disassembly or repair of vehicles owned by the person in possession of the premises in a residential zone on which the repair or dismantling of vehicles is made or done if the time to accomplish the same does not exceed a period of 48 hours.

('65 Code, § 9-3.1510) (Ord. 556, passed - - ; Am. Ord. 19-C.S., passed - - ; Am. Ord. 32-C.S., passed - - ; Am. Ord. 99-C.S., passed - - ) Penalty, see § 153.999

In the R-3 Zone and in all commercial zones there shall be provided adequate garbage and rubbish storage and collection areas for all apartments and dwelling units and for all commercial and manufacturing buildings.

(A) Location. Such areas shall be located so as to be accessible by motor vehicles to a public street or alley.

(B) Screening. All outside garbage and rubbish areas shall be enclosed on at least three sides and on all sides visible from streets by a six foot high masonry wall. Such enclosure shall have a gate or gates made of opaque materials.

(C) Size. The required area shall be of adequate size to permit the storage and removal of one or more standard three yard steel rubbish bins on wheel casters. Adequate size shall be determined from information on file in the Community Development Department at the time a permit for construction is issued.

(D) Floors; access; bumpers. The floors of such storage areas shall be of concrete, and the required access to the street or alley shall be paved. Suitable bumpers, either for bin wheels or the rear wall, shall be installed. Required rubbish and garbage storage areas shall not occupy or obstruct any required parking or vehicular access. ('65 Code, § 9-3.1512) (Ord. 17-C.S., passed - - ) Penalty, see § 153.999

(A) Site drainage . The site drainage and stormwater runoff shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements and Chapter 53, Stormwater and Urban Runoff Pollution Prevention, of the San Gabriel Municipal Code. Where feasible, drainage shall be retained on site and directed toward landscaped areas.

(B) Best management practices . BMPs shall incorporate numeric design criteria to infiltrate, filter, or treat storm water runoff. Design criteria are provided in the NPDES permit. BMPs include but are not limited to bioretention facilities: catch basin inserts: cisterns: constructed wetlands: dry wells: extended/dry detention basins or underground detention tanks: infiltration basins: infiltration trenches: media filtration; porous pavement; storm drain inserts; vegetated filter strips: vegetated swales; and wet ponds. (Ord. 608-C.S., passed 5-10-14)

In addition to the requirements contained in this subchapter, the following additional requirements of this code shall apply to the development and use of any property in the R-1, R-1A, R-2, and R-3 Zone districts: §§ 153.530 through 153.539, Landscape.

(Ord. 601-C.S., passed 3-4-14)

Applicability. These objective design standards apply to all new construction projects, in all zones, that qualify for streamlined, ministerial application processing in accordance with state law. These include multi-family residential projects with two or more units, and mixed-use development projects that include up to two-thirds of residential use.

(A) Design standards. Eligible residential projects shall comply with all objective design standards, city policies, zoning regulations as established in the San Gabriel Municipal Code and General Plan.

• (1) Shelter .

(a) A permanently covered entryway or porch must be provided for each unit.

• (b) A minimum depth of three feet and width of four feet must be provided for the entryway/porch.

• (c) All units located along public rights-of-way must have the primary entrance facing onto that right-of-way.

• (d) A minimum of 25% of pedestrian paths shall be shaded by tree canopy at maturity.

(2) Site design/transition .

(a) All structures, entries, facilities, amenities, and parking areas must be internally connected with pedestrian walkways. Pedestrian walkways must connect to the public sidewalk along each street frontage. Pedestrian walkways must be separated from roads, driveways, and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planter area. Refer to Figure 153.134(2)(b).

• (b) Paved (non-permeable) areas must not exceed 50% of the required front or street side setback areas.

• (c) Allowable number of driveway access points.

1. Interior lot. Two driveways are permitted on lots where at least one street has a frontage more than 100 linear feet.

2. Corner lots. One vehicle access driveway where all street frontages are less than 100 linear feet and two driveways are permitted on lots where at least one street has a frontage more than 100 linear feet.

(d) A minimum of 50% of all retaining walls, freestanding walls, and fences visible from public streets shall be screened by landscape at maturity. Plans shall be labeled with heights of any vertical elements to be screened. (e) Private/individual garage doors must not face a public street(s) but may be oriented toward an alley or a private street/driveway that is an internal part to the project. Refer to Figure 153.134(2)(f) (f) A walkway with a minimum width of 36 inches must be provided to all individual units on the ground level.

• (g) Pedestrian walkways must be of permeable/sustainable material.

(h) Landscape must be incorporated between the sidewalk and the base of the building for all portions that front a public street by using one of the following methods (refer to Figure 153.134(2)(i). 1. Provide pocket areas for landscaping; 2. Provide zig-zagged pathways to allow enough space (five feet minimum) for trees, and the like. (i) Projects must provide usable common open spaces with a minimum dimension of ten feet in all directions. (j) Plants must be arranged with the tallest shrubs located at base of buildings and structures, transitioning to lower shrubs adjacent to sidewalks and curbs. A minimum of two heights or tiers shall be provided (e.g., low planting at one-and-one-half to two-and-one-half feet tall at maturity adjacent to a sidewalk and taller planting at three to four feet tall at maturity adjacent to the wall). For landscape areas greater than ten feet wide, provide a minimum of three tier levels (e.g., groundcover or annuals, low planting two twoand-one-half feet and tall planting at a minimum of four feet adjacent to the wall). Additionally, upright accent shrubs in 15 gallon size shall be provided at an average rate of one per every 25 linear feet of building façade. Refer to Figure 153.134(2)(l). (k) All pedestrian crosswalks shall use one of the following: zebra/ladder stripes, concrete with lithocrete patterned finish or another material/finish that will withstand high traffic volume. (3) Balance/building massing . (a) Buildings with first floor façades that are 50 feet or longer shall provide a break in the façade every 25 feet. Refer to Figure153.134(3)(a). This can be achieved through one or more of the following. 1. Building façade offset with a minimum two-foot depth for a minimum length of 20 feet. 2. Change in wall or material color. 3. Change in window form and/or façade composition through the use of awnings, canopies, and/or balconies. (b) Projecting architectural features such as bowed or bay windows, columns, offset roof planes, and similar features should be used to create both vertical and horizontal articulation. Offsets and recesses are to measure a minimum of one foot. (c) The massing of upper stories shall be modulated by stepping back elements (minimum two feet from the ground floor setback, and/or structural projections (one foot minimum)). (d) Roof lines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form. Refer to Figure 153.134(3)(d). (e) Corner buildings shall provide a rounded or angled façade at the corner with a different material application and window arrangement from the rest of the building façade. Refer to Figure 153.134(3)(e). (f) Buildings must be designed and articulated with common details, articulation, materials, and elements on all sides of the building. (g) Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards (Refer to Figure 153.134(3)(g)). 1. A vertical recess or projection shall occur at a minimum of one per 40 feet of linear façade length. 2. Vertical recess or projection shall have a minimum depth of one foot. 3. Shall occur for a minimum of 60% of the residential façade height. (h) A minimum of eight plant species and varieties shall be required for all projects with nine units or less and a minimum of 14 plant species and varieties shall be required for all projects with ten units or greater. (i) Each street or perimeter/buffer yard shall include a minimum of two canopy tree species and two understory trees species. Clustering of onsite canopy and understory trees is encouraged to create naturalistic tree stands. (j) Tree canopies shall not overhang structures or required fire access lanes at maturity. Trees shall be centered within planter areas, maximizing distance between trunks and adjacent hardscape and structures. (4) Integrity . (a) Root barriers/protecting sidewalks . Root barriers shall be provided for all trees within five feet of paving and within ten feet of city sidewalks. Root barriers shall be a minimum 24 inches deep and for a minimum length of 16 feet at each location, centered on the trunk and shall be placed adjacent and parallel to hardscape. (b) Edge restraints . Provide edge restraints between landscape areas with different maintenance entities and between lawn and shrub areas. (c) Plant layout and hydrozones . Plantings shall by grouped into hydrozones with similar water use and sun/shade requirements. (5) Architectural detailing . (a) All windows must provide trims, sills, and a minimum two-inch recess. (b) Three exterior paint colors must be provided (base, trim, accent). Three colors can be found in either paint or materials (e.g., wood trim, wrought iron). (c) Reflective coatings and exterior façade material which create glare would not be allowed. (d) Materials applied to any elevation shall turn the corner of the building, ending at a logical termination point related to the roof line, windows or building massing, or a minimum of five feet. Refer to Figure 153.134(5)(f). (e) The following list of building materials will be allowed. 1. Primary walls. High-quality primary materials such as wood, simulated wood, brick, stone, stucco, ceramics, metals, fiber-cement panels, Trespa, composite panel systems. 2. Secondary/accent. Masonry, tile, stone, brick, veneer, longboard, and/or finished metal. (f) 1. The following list of building materials will be prohibited: 2. Plywood, plastic (and plastic laminate), and fiberglass. (g) Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguish

ems. 2. Secondary/accent. Masonry, tile, stone, brick, veneer, longboard, and/or finished metal. (f) 1. The following list of building materials will be prohibited: 2. Plywood, plastic (and plastic laminate), and fiberglass. (g) Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguish

ems. 2. Secondary/accent. Masonry, tile, stone, brick, veneer, longboard, and/or finished metal. (f) 1. The following list of building materials will be prohibited: 2. Plywood, plastic (and plastic laminate), and fiberglass. (g) Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another. (h) Fences and walls must be constructed of materials such as treated wood, vinyl, wrought iron, brick, and stone. Chain link is prohibited. (B) Design standards. Defined as a project consistent of a mix of multi-family residential and nonresidential uses, where at least two-thirds of the square footage of the development is designated for residential use.

(1) Site design/transition .

(a) All structures, entries, facilities, amenities, and parking areas must be internally connected with pedestrian walkways. Pedestrian walkways must connect to the public sidewalk along each street frontage. Pedestrian walkways must be separated from roads, driveways, and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planter area. Refer to Figure 153.134(2)(b). (b) Paved (non-permeable) areas must not exceed 50% of the required front or street side setback areas. (c) Allowable number of driveway access points. 1. Interior lot. Two driveways are permitted on lots where at least one street has a frontage more than 100 linear feet. 2. Corner lots. One vehicle access driveway where all street frontages are less than 100 linear feet and two driveways are permitted on lots where at least one street has a frontage more than 100 linear feet. (d) A minimum of 50% of all uncovered parking stall areas shall be shaded by tree canopies. Tree canopies shall be shown at maturity (approximately 15 years’ growth). Provide a shade study, demonstrating minimum shading requirement has been met. (e) Private/individual garage doors must not face a public street(s) but may be oriented toward an alley or a private street/driveway that is an internal part to the project. Refer to Figure 153.134(2)(f). (f) A walkway with a minimum width of 36 inches must be provided to all individual units on the ground level. (g) Pedestrian walkways must be of permeable/sustainable material. (h) Landscape must be incorporated between the sidewalk and the base of the building for visual softening and transition by using one of the following methods (refer to Figure 153.134(2)(i)). 1. Provide pocket areas for landscaping; 2. Provide zig-zagged pathways to allow enough space (five feet minimum) for trees, and the like. (i) Projects must provide usable common open spaces with a minimum dimension of ten feet in all directions. (j) Plants must be arranged with the tallest shrubs located at base of buildings and structures, transitioning to lower shrubs adjacent to sidewalks and curbs. A minimum of two heights or tiers shall be provided (e.g., low planting at one-and-one-half to two-and-one-half feet tall at maturity adjacent to a sidewalk and taller planting at three to four feet tall at maturity adjacent to the wall). For landscape areas greater than ten feet wide, provide a minimum of three tier levels (e.g., groundcover or annuals, low planting two twoand-one-half feet and tall planting at a minimum of four feet adjacent to the wall). Additionally, upright accent shrubs in 15 gallon size shall be provided at an average rate of one per every 25 linear feet of building façade. Refer to Figure 153.134(2)(l). (k) All pedestrian crosswalks shall use one of the following: zebra/ladder stripes, concrete with lithocrete patterned finish or another material/finish that will withstand high traffic volume. (l) Street-facing building façades must be designed with active frontages which include at least two of the following. 1. Common open space/plaza/sitting area. 2. Overhangs (including awnings and cantilevers). 3. Balconies. 4. Porches/patios. 5. Arcade. 6. Primary entry. (2) Balance/building massing . (a) Buildings with first floor façades that are 50 feet or longer shall provide a break in the façade every 25 feet. Refer to Figure 153.134(3)(a). This can be achieved through one or more of the following. 1. Building façade offset with a minimum two-foot depth for a minimum length of 20 feet. 2. Change in wall or material color. 3. Change in window form and/or façade composition through the use of awnings, canopies, and/or balconies. (b) Projecting architectural features such as bowed or bay windows, columns, offset roof planes, and similar features should be used to create both vertical and horizontal articulation. Offsets and recesses are to measure a minimum of one foot. (c) The massing of upper stories shall be modulated by stepping back elements (minimum two feet from the ground floor setback, and/or structural projections (one foot minimum)). (d) Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form. Refer to Figure 153.134(3)(d). (e) Corner buildings shall provide a rounded or angled façade at the corner with a different material application and window arrangement from the rest of the building façade. Refer to Figure 153.134(3)(e). (f) A minimum of 50% of the ground floor façade shall consist of glass doors and windows. (g) Buildings must be designed and articulated with common details, articulation, materials, and elements on all sides of the building. (h) Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards (Refer to Figure 153.134(3)(g)). 1. A vertical recess or projection shall occur at a minimum of one per 40 feet of linear façade length. 2. Vertical recess or projection shall have a minimum depth of one foot. 3. Shall occur for a minimum of 60% of the residential façade height. (i) A minimum of eight plant species and varieties shall be required for all projects with nine units or less and a minimum of 14 plant species and varieties shall be required for all projects with ten units or greater. (j) Each street or perimeter/buffer yard shall include two canopy tree species and two understory trees species. Clustering of onsite canopy and understory trees is encouraged to create naturalistic tree stands. (k) Tree canopies shall not overhang structures or required fire access lanes at maturity. Trees shall be centered within planter areas, maximizing distance betw

ten units or greater. (j) Each street or perimeter/buffer yard shall include two canopy tree species and two understory trees species. Clustering of onsite canopy and understory trees is encouraged to create naturalistic tree stands. (k) Tree canopies shall not overhang structures or required fire access lanes at maturity. Trees shall be centered within planter areas, maximizing distance betw

ten units or greater. (j) Each street or perimeter/buffer yard shall include two canopy tree species and two understory trees species. Clustering of onsite canopy and understory trees is encouraged to create naturalistic tree stands. (k) Tree canopies shall not overhang structures or required fire access lanes at maturity. Trees shall be centered within planter areas, maximizing distance between trunks and adjacent hardscape and structures. (3) Architectural detailing . (a) All windows must provide trims, sills, and a minimum two-inch recess. (b) Three exterior paint colors must be provided (base, trim, accent). Three colors can be found in either paint or materials (e.g., wood trim, wrought iron). (c) Reflective coatings and exterior façade material would not be allowed. (d) Materials applied to any elevation shall turn the corner of the building, ending at a logical termination point related to the roof line, windows or building massing, or a minimum of five feet. Refer to Figure 153.134(5)(f). (e) The following list of building materials will be allowed.

1. Primary walls. High-quality primary materials such as wood, simulated wood, stucco, brick, stone, ceramics, metals, fiber-cement panels, Trespa, or composite panel systems.

2. Secondary/accent. Masonry, tile, stone, brick, veneer, longboard, and/or finished metal.

• (f) 1. The following list of building materials will be prohibited.

2. Plywood, plastic (and plastic laminate), and fiberglass.

(g) Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another.

(h) Fences and walls must be constructed of materials such as treated wood, vinyl, wrought iron, brick, and stone. Chain link is prohibited.

(Ord. 693, passed 12-5-23)

OPEN SPACE AND PUBLIC FACILITIES DISTRICT

There is hereby created an Open Space and Public Facilities District which shall initially include the areas as depicted in Exhibit 1 of Ordinance 425-C.S., amending the official zoning map of the city.

(Ord. 425-C.S., passed 6-7-94)

This zoning district applies to land for public and quasi-public facilities.

(Ord. 425-C.S., passed 6-7-94)

A new zoning district, Open Space and Public Facilities District, is hereby established and designated on the official zoning map of the city. The following primary uses shall be permitted:

(A) Permitted uses. Public or quasi-public uses such as parks, schools, churches, libraries, museums, auditoriums, community facilities, child care centers, government facilities, hospitals, congregate care facilities, convalescent homes, residence care facilities, senior housing, community gardens, open air markets, nurseries, and public parking lots/structures.

(B) Unspecified uses. Such other uses that are not specified in this ordinance but that are determined by the Planning Commission, or on appeal, by the City Council to be substantially similar to a specifically enumerated permitted use. In determining whether a proposed use is substantially similar to a permitted use, the conditional use permit process and criteria shall be utilized.

(C) Prohibited uses. All uses not specifically identified herein shall be prohibited in the Open Space and Public Facilities District.

(Ord. 425-C.S., passed 6-7-94; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 153.999

COMMERCIAL AND INDUSTRIAL ZONES (C-1, C-3, AND M-1)

(A) General provisions. Two commercial and one industrial zone districts are established to preserve and enhance areas throughout the city for a variety of business activities that contribute to the economic well-being of the community. These provisions are set forth to ensure the compatible and mutually-beneficial interaction of commercial and industrial uses with residential consumers, to encourage quality development projects, and to accommodate the varied needs of the business community.

(B) Retail Commercial Zone (C-1). The Retail Commercial (C-1) Zone is intended to provide for the continued use and development of low-scale, local community-oriented retail sales and service uses. All permanent uses within this district must be located within an entirely enclosed structure. Typical uses include neighborhood-oriented retail and personal service businesses, small professional offices, and other businesses that generate low volumes of vehicle traffic.

(C) General Commercial Zone (C-3). The General Commercial (C-3) Zone is intended to provide for the continued use and expansion and new development of a wide variety of commercial enterprises, professional and medical offices, entertainment uses, and similar businesses. The zone is located along major roadway corridors to encourage uses that serve the local and regional markets. Mixed-use, (i.e. a mix of commercial/residential uses) is allowed subject to applicable permit requirements and light manufacturing uses associated with on-premises retail sales are allowed under a conditional use permit (CUP).

(D) Light Manufacturing Zone (M-1). The Light Manufacturing (M-1) Zone is intended to preserve and create areas where small- to moderate-sized, clean industries may locate and operate in a manner that does not pose health or environmental risks to surrounding land uses.

(‘65 Code, § 9-3.801) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 608-C.S., passed 5-10-14)

(A) The table in division (D) of this section identifies which uses are permitted by right, permitted subject to conditional use permit review and approval, permitted as temporary uses, and prohibited in the C-1, C-3, and M-1 zones.

(B) In the event that a specific use or type of use is not listed in the table in division (D) below, the Community Development Director shall have the authority to determine which listed use is most similar to the proposed use and thereby determine whether the proposed use is permitted, permitted subject to conditional use permit review and approval, permitted as a temporary use, or prohibited. The City Council shall be notified of the decision within seven calendar days, and a permanent record of such decisions shall be maintained.

(C) The decision of the Community Development Director can be appealed to the Planning Commission.

• (D) Table of land use regulations.

Legend:

C = Conditional use

P = Permitted use X = Use not permitted

Notes and Definitions:

(a) A high volume traffic generator is one which generates 118 or more average daily weekday vehicle trips per 1,000 gross square feet of leasable area, as defined by the latest version of the Institute of Transportation Engineers “Trip Generation” manual.

(b) A low volume traffic generator is one which generates less than 118 average daily weekday vehicle trips per 1,000 gross square feet of leasable area, as defined by the latest version of the Institute of Transportation Engineers “Trip Generation” manual.

(c) Retail, sales areas of 15,000 square feet or more in either a freestanding store or as a component of a larger store or building. (d) For the purpose of this section "Groceries" shall be defined as staple foodstuffs, meats, seafood, produce and dairy products.

(‘65 Code, § 9-3.804) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 478-C.S., passed 3-18-97; Am. Ord. 479-C.S., passed 4-15-97; Am. Ord. 486-C.S., passed 2-3-98; Am. Ord. 520C.S., passed 11-4-03; Am. Ord. 590-C.S., passed 3-1-11; Am. Ord. 591-C.S., passed 9-20-11; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 618-C.S., passed 1-20-15; Am. Ord. 619-C.S., passed 4-21-15; Am. Ord. 625-C.S., passed 2-18- 16; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17; Am. Ord. 702, passed 3-5-24)

(A) The following performance standards shall apply to all commercial and industrial uses located in the C-1, C-3, and M-1 zone districts.

(B) While the table (Land Use Regulations) in § 153.151 does not provide an exhaustive list of prohibited uses, these performance standards clearly preclude most, if not all, intensive food processing operations, dye and textile manufacturing and processing, animal product processing, metal or plastic manufacturing and fabricators, or operations generally classified as heavy industry.

(1) Smoke. No use may emit from a vent, stack, chimney, or combustion process any smoke or emission, other than water vapor, that is visible to the naked eye or that violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board.

(2) Noise. No use may violate the city's noise standards.

(3) Vibration. No use may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is onto of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(4) Odors. No use may generate any obnoxious or adverse odor that can be detected beyond the boundary of the lot occupied by that use.

(5) Electrical disturbance or interference. No use may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbance.

(6) Stormwater runoff. The construction of any new building, and all activities conducted indoors and out of doors, shall comply with stormwater runoff regulations and National Pollution Discharge Elimination Systems (NPDES) requirements.

('65 Code, § 9-3.808) (Ord. 455-C.S., passed 11-21-95)

A valid business license, obtained pursuant to Chapter 110 of this code, shall be required as a condition of obtaining any permit or authority to establish a use under this title. ('65 Code, § 9-3.812) (Ord. 455-C.S., passed 11-21-95)

A precise plan of design (PPD) application, as described in § 153.355, shall be required for any new commercial or industrial development or any addition to existing development as follows:

• (A) Any proposal to construct 3,000 square feet or more of new construction shall be subject to review as required by § 153.355.

• (B) Any proposal to construct less than 3,000 square feet of new construction shall be subject to city staff-level review coordinated by the Planning Section.

• (C) For any proposal to construct an addition or modification of over 2,500 square feet shall be subject to review by the City Design Review Commission. ('65 Code, § 9-3.816) (Ord. 455-C.S., passed 11-21-95)

The table below identifies the development standards applicable to all development in the C-1, C-3, and M-1 zones.

('65 Code, § 9-3.820) (Ord. 455-C.S., passed 11-21-95)

No structure shall be permitted within any required yard area except as provided for in the table below. In any event, no projections of any kind shall be permitted into a public right-of-way.

('65 Code, § 9-3.824) (Ord. 455-C.S., passed 11-21-95)

Through precise plan of design review, the following structures may be authorized to be erected above the height limits established in this subchapter:

(A) Antenna, provided, however, that satellite dish antenna meet the requirements contained in § 153.133.

(B) Skylights.

• (C) Church spires.

• (D) Flagpoles.

(E) Chimneys and smokestacks.

(F) Similar architectural features that do not provide any usable floor area.

('65 Code, § 9-3.828) (Ord. 455-C.S., passed 11-21-95)

(A) Permit required. A permit shall be required for the construction of any fence or wall constructed or established in any commercial or industrial zone. An application for the permit shall be filed with the Community Development Director on forms provided by the Director. An appeal from the decision of the Director may be made directly to the City Council in the time and manner specified in § 153.004.

(B) Properties abutting residentially-zoned property. Wherever a C-1, C-3, or M-1 zoned property abuts a property zoned for residential use, a six-foot high masonry block wall shall be erected to shield the residential property from potentially adverse impacts associated with commercial and industrial uses. However, any portion of the required wall located within the required front yard setback shall be limited in height to four feet.

(C) Height limits. All fences and walls, and all hedges serving similar shielding functions as a fence or wall, shall be subject to the height restrictions contained in the following table and otherwise specified in this section.

(D) Permitted materials in the C-1 and C-3 zone districts. Permitted fencing and wall materials in the C-1 and C-3 zones shall include wood, masonry, and wrought iron. Chain link fencing shall be specifically prohibited in all front and side yards. All fencing must be maintained damage free and in appearance comparable to the time of original installation, subject to normal weathering.

(E) Permitted materials in the M-1 zone district. Permitted fencing and wall materials in the M-1 zone shall include wood, masonry, wrought iron, chain link, and barbed wire, when placed atop fences six feet or greater in height.

(F) Clear sight distance required. Wherever a private driveway provides access to an alley, clear sight distances shall be maintained at the point where the driveway intersects the alley. To ensure such sight distances are provided, no opaque fencing or wall shall be constructed, and no landscaping materials shall be permitted to grow, higher than three feet within ten feet of the intersection of the alley and driveway.

('65 Code, § 9-3.832) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 526-C.S., passed 7-16-02)

(A) Purpose. The intent of this section is to provide standards for outdoor storage and display of merchandise connected to and operated with permanent commercial and manufacturing uses.

(B) Application procedure.

(1) Any business in a commercial or manufacturing zone seeking outdoor storage or display of merchandise shall submit an application to the Community Development Director for an Outdoor Storage and Display Permit. The application shall be accompanied by a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application shall include the days of the week, hours, and number of weeks per year for which the application is requested.

(2) The Community Development Director shall approve an application for the outdoor storage or display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of the permit to ensure conformance with the city’s development standards. In the event a permit is denied, the Director shall supply findings in writing to the applicant within 30 days of such denial.

(3) The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section.

(C) Outdoor storage.

(1) Outdoor storage incidental to the primary use shall be allowed in the C-1 and C-3 zones only in rear yards and in the M-1 zones only in the rear and side yards. The outdoor storage must comply with the development standards of this section.

• (2) Development standards .

• (a) Stored materials shall not occupy any part of a required parking area;

• (b) Stored materials shall be prohibited at all times on public property;

• (c) Stored materials shall not exceed six feet in height;

• (d) Only goods and materials sold or used in the business may be stored.

• (D) Outdoor display.

(1) Outdoor display incidental to the primary use shall be allowed in the C-1, C-3, and M-1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships and automotive service stations.

• (2) Development standards. Outdoor displays shall meet the following requirements:

• (a) Be consistent with the city’s General Plan, zoning ordinances, specific plan and other regulations;

• (b) Not create any condition that would be detrimental to the appearance of the premises or to any surrounding property, including but not limited to, being unsightly; (c) Not be detrimental to the public health, safety, or welfare;

• (d) Not create a public nuisance;

• (e) Maintain at least a six-foot width for clear pedestrian passage along the public sidewalk and at least a four-foot width within private property walkways and store entrances;

• (f) Not create a safety hazard or block access to disabled persons;

• (g) Not require construction of new doorways or other significant exterior changes to existing commercial and industrial buildings or surrounding development;

• (h) Not be located on public streets or within the public right-of-way, in designated parking areas, vehicular circulation areas, or within landscape planter areas; (i) Not emit noise, odor, smoke, or other obnoxious substances;

• (j) Complement existing storefronts through the use of materials, finishes and color consistent with the approved architecture of the building;

• (k) Be limited to the area immediately in front or along the sides of the business selling the merchandise, or no more than 25 feet in length, whichever is less. The area shall not extend laterally beyond the store or building frontage or block access to the business or any other building/store entrance(s);

• (l) Merchandise may not be stacked above a height of four feet. Merchandise which exceeds four feet in height, but is not higher than 12 feet in height may be displayed provided that it does not cover or block more than 25% of the front or side of the business selling the merchandise. The display of trees for sale is not subject to any height limitation.

• (m) The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section UNPREPARED, PACKAGED MERCHANDISE means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays.

• (3) Operational requirements. Once approved, outdoor displays shall meet the following requirements:

• (a) Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day; and (b) Merchandise shall be maintained in a neat and orderly manner at all times.

• (4) Exceptions. No application shall be required for outdoor displays that meet all of the following requirements:

• (a) The displays are located more than 20 feet back from the nearest face of curb on any public street, alley or driveway; and

• (b) The displays are not visible from a public street, alley or other right-of-way.

• (E) Sidewalk and parking lots sales/special events. Special events such as sidewalk and parking lot sales shall require a temporary use permit.

• (F) Appeals. Any decision made pursuant to this section shall be appealable pursuant to § 153.004.

(G) Revocation. The Community Development Director may revoke the Outdoor Storage and Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Director shall provide the permittee a written notice of non-compliance. The permittee shall have a right to appeal the notice of revocation pursuant to § 153.004.

Revocation. The Community Development Director may revoke the Outdoor Storage and Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Director shall provide the permittee a written notice of non-compliance. The permittee shall have a right to appeal the notice of revocation pursuant to § 153.004.

(H) The regulations set forth in this section shall supersede conflicting conditions of any entitlement granted prior to the effective date, including conditions which prohibit the outdoor storage and display of merchandise.

('65 Code, § 9-3.836) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 535-C.S., passed 1-20-04)

(A) A minimum of 6% of the gross lot area shall be landscaped. The landscape shall be designed and installed such that much of the landscaping is visible from a public street or thoroughfare. Additional site landscaping may be required for conditionally permitted uses, as set forth in § 153.162.

• (B) The city may require planting to be provided within a public right-of-way.

(‘65 Code, § 9-3.840) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 601-C.S., passed 3-4-14)

(A) All planned division of office, retail, or other space within a building shall be shown on building plans. No further division of space for individual lease or use purposes beyond that shown on approved plans shall be permitted without the approval of the Community Development Director. Each lease space shall contain no less than 800 square feet of gross floor area.

• (B) Indoor swap meets. Notwithstanding the above, indoor swap meets shall be allowed in the C-3 zone only when a conditional use permit has been granted in accordance with the provisions of §§ 153.240 et seq. and the requirements of this section. When authorized by a conditional use permit, the following minimum standards shall apply:

• (1) The use shall not be located on any parcel that is within 250 feet of a residential zone;

• (2) The minimum building size shall be 30,000 square feet;

• (3) Each business tenant shall conduct the sale of new or used and goods and merchandise from a tenant enclosure;

• (4) Each tenant enclosure shall have a minimum area of 500 square feet with a minimum dimension of 25 feet;

• (5) Each tenant enclosure shall be surrounded on three sides by an eight-foot high wall, which shall be constructed out of material approved by the Uniform Building Code;

• (6) Each tenant enclosure shall have a wall covering of ½-inch drywall, which shall be fire taped and painted and four-inch base molding within ¼-inch of the finish floor of the enclosure. Other material may be used as approved by the Director;

• (7) Each tenant enclosure wall shall be appropriately secured to a building wall or foundation;

• (8) Each business tenant shall have a seller’s permit from the State Board of Equalization;

• (9) A building manager must be present during all business operating hours; and

• (10) A minimum of 1,000 square feet of storage area shall be provided for each 10,000 square feet of gross floor area, or fraction thereof.

(C) Included with the conditional use permit application shall be a comprehensive site master plan documenting in detail the architectural character, screening, parking, landscape design, noise control elements, traffic-control elements, sign program and any other elements of the proposal relevant to ensure adequate consideration of impacts by the Planning Commission and compliance with the requirements of this section.

• ('65 Code, § 9-3.844) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 535-C.S., passed 1-20-04)

This section establishes special conditions which shall apply to the following listed land uses:

(A) Alcoholic beverage sales.

(1) A conditional use permit, obtained pursuant to the provisions of §§ 153.240 through 153.248, shall be required for any business that sells alcoholic beverages for on-site or off-site consumption. This requirement shall apply to any new business proposed to locate within the city, as well as to existing businesses applying for a new state permit to sell alcoholic beverages. (2) In approving an application for a conditional use permit to establish a use selling alcoholic beverages, the Planning Commission may impose conditions on the use to ensure that the use operates in a manner that provides adequate protection of general health, safety, and community welfare. (3) In determining whether to approve a conditional use application for alcoholic beverage sales and the conditions to impose on such use, the Commission shall consider the following: (a) The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and churches. (b) Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris. (c) Lighting of exterior areas, including parking lots, to discourage activities outside of the buildings. (d) Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare. (e) Provision of on-site security, both inside and outside the building, to satisfy any concerns raised by the Police Department. (f) Hours of operation. (g) Controls on occupancy limits inside the building and loitering outside of the building. (B) Automobile service stations. The following shall apply to the development and operation of all automobile service stations. For specific standards regarding construction materials and safety operations, refer to §§ 153.110 through 153.115. (1) Concentration. A total of no more than two automobile service stations shall be located at the corners of street intersections. (2) Lot dimensions. Each automobile service station site shall have a minimum lot area of 15,000 square feet and a minimum lot width of 125 feet. (3) Setbacks. Buildings of Type IV construction, as defined by the Uniform Building Code, shall be set back a minimum of 10 feet from any property or building setback line, except as otherwise permitted by the Uniform Building Code for building walls of two-hour fire-resistant construction. (4) Pumps and islands. All gasoline pumps and pump islands shall be set back 15 feet from any property line or building setback line. (5) Canopies. Canopies over pump islands are permitted, provided such canopies are constructed entirely of non-combustible materials, are either attached to the building or are located no closer than 10 feet to any building on the same property, and are located no closer than five feet to any adjacent interior property line. (6) Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business. (7) Parking. No vehicle shall be parked on the site other than those belonging to customers and employees, and service station vehicles. Adequate parking shall be provided for customers and employees and service station vehicles. Storage of vehicles is prohibited. Excess space, if any, may be leased to nearby businesses seeking additional parking provided all the provisions for leased parking are met. See §§ 153.220 through 153.227 for additional parking requirements. (8) Access and driveways. No site shall have more than two accessways to any one street, and no driveway shall be allowed within 20 feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site. (9) Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets. (10) Landscaping. (a) Five foot wide raised planters shall be provided along the street aide property line. All plantings shall be of a variety that will not achieve a height of over three feet. (b) Three foot wide raised planters shall be provided along any wall erected along an interior property line. (c) At street corners, 150 square feet of raised landscaped area shall be provided. (d) A minimum of 30 square feet of raised landscaped area shall be provided along each building facade facing a street. (e) All landscaped areas shall be protected by a six inch high concrete curb; (f) Permanent automatic irrigation systems shall be provided for all landscaped areas, and all landscape material shall be maintained in a neat and healthy condition. No landscaping shall be permitted to grow over public rights-of-way. (g) Alternate proposals for the enhancement of planter areas may be proposed by developers and reviewed and approved by the Community Development Department. (11) Utilities. All utility services extended to the building shall be installed underground. (12) Restrooms. All restroom entrances facing or visible from a public right-of-way shall be screened by solid decorative screening six feet high. (13) Refuse. Refuse containers shall be contained within a solid block wall enclosure of five foot minimum height. The enclosure gate shall be fully screened. (C) Automobile repair businesses. (1) All site area not covered by buildings or landscaping shall be fully paved with materials acceptable to the Community Development Director. (2) All stored or parked vehicles shall be stored or parked only in areas designated for such use. (3) All repair activities shall be conducted within a fully enclosed structure. (4) All used or discarded automobile parts or equipment shall be fully screened from public view. (5) All service bays

dscaping shall be fully paved with materials acceptable to the Community Development Director. (2) All stored or parked vehicles shall be stored or parked only in areas designated for such use. (3) All repair activities shall be conducted within a fully enclosed structure. (4) All used or discarded automobile parts or equipment shall be fully screened from public view. (5) All service bays

dscaping shall be fully paved with materials acceptable to the Community Development Director. (2) All stored or parked vehicles shall be stored or parked only in areas designated for such use. (3) All repair activities shall be conducted within a fully enclosed structure. (4) All used or discarded automobile parts or equipment shall be fully screened from public view. (5) All service bays shall be designed to allow access without backing or driving directly forward into a public right-of-way or alley. (6) All on-site activities shall comply with the city's current noise requirements. (D) Churches. (1) Only those uses specifically identified in and authorized by an approved conditional use permit shall be permitted to operate in association with the principal permitted use. For example, a day care center or private school located at a church facility must be identified as an authorized use in the conditional use permit for the church. Otherwise, any such additional use shall require an amendment to the principal conditional use permit (CUP). (2) The application for a church shall be granted only upon the Planning Commission, or City Council on appeal, making the findings contained in § 153.246 and the following additional findings: (a) That all buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties; (b) That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses; and (c) That all exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects. (E) Drive-through businesses. (1) For fast-food restaurants, a minimum queuing distance of 150 feet shall be provided from the forwardmost drive-up window to the entrance to the queuing space. For all other drive-through businesses, the minimum distance shall be 100 feet. The queuing space shall be located completely clear of any adjacent public right-of-way and all circulation aisles provided on a site.

(2) Drive-through aisles shall be located to avoid interference with and adverse impacts on on- site pedestrian circulation.

(3) Menu boards for drive-through restaurants shall be located to provide adequate distance from the menu board to the entrance to the queuing space. (F) Educational facilities.

(1) Only those uses specifically identified in and authorized by an approved conditional use permit shall be permitted to operate in association with the principal permitted use. Otherwise, any such additional use shall require an amendment to the principal conditional use permit (CUP).

(2) The application for an education facility shall be granted only upon the Planning Commission, or City Council on appeal, making the findings contained in § 153.246. Zoning and the following additional findings:

(a) That all buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties;

(b) That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses; and

(c) That all exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects.

(G) Hotels and motels.

(1) A minimum lot size of 40,000 square feet and a minimum street frontage of 90 feet are required for the development of any new hotel or motel.

(2) If the hotel or motel is to be developed as a one-story structure, then at least 1,000 square feet of lot area shall be provided for each proposed guest room. In all other cases, at least 800 square feet of lot area shall be provided for each proposed guest room.

(3) Each guest room shall have a minimum size of 300 square feet and an average width of not less than 12 feet.

(4) Not more than one manager's quarters may be provide on-site. The minimum dwelling unit size of the R-3 zone shall apply to the manager's quarters.

(5) Every hotel and motel shall have an office with a registration desk, and the office shall be located in close proximity to the main entrance of the facility.

(6) In addition to the development standards for the C-1, C-3, and M-1 zones set forth in this title, the Planning Commission may impose specific conditions relating, but not limited to:

(a) The height and area of buildings;

(b) Setbacks;

(c) Signage;

(d) Installation and maintenance of fences, walls, hedges, landscaping, and drainage facilities;

(e) Traffic circulation;

(f) Security requirements;

(g) Installation of antenna, including satellite dish antenna.

(7) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. HOTEL. A building or group of buildings in which there are six or more guest rooms where lodging, with or without meals, is provided for compensation. A HOTEL may provide space for shops or stores within its confines as is otherwise permitted in the zone in which the hotel is located. Dining facilities are recognized as a normal appurtenant use in hotels in any zone in which hotels are permitted. A HOTEL shall include one or more amenities for guests, including but not limited to: business center; on-site dining; exercise facilities; meeting rooms; spa; pool; lounge areas; bars; sundry/gift shops. HOTEL shall not include jails, hospitals, asylums, sanatoriums, rest homes, orphanages, prisons, detention homes, or similar buildings where human beings are housed and detained under legal restraint.

MANAGER’S QUARTERS. Any dwelling unit contained in any hotel or motel and containing kitchen facilities.

MOTEL. A group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and are directed to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile and motor lodges. An establishment shall be considered a MOTEL when it is required by the California Health and Safety Code to obtain the name and address of the guest, the make, year, and license number of the vehicle, and the state in which the license was issued.

PERSON, OCCUPANCY, TRANSIENT, RENT and OPERATOR. These terms shall have the same meanings as set forth in § 35.056 of this code. UNIT. Any dwelling unit intended for or used for transient occupancy.

(‘65 Code, § 5-29.01) (Ord. 297-C.S., passed - - )

(8) Regulations. No person shall operate any hotel or motel within the city unless such hotel or motel complies with the following regulations:

(a) No portion of any manager's quarters shall be rented for occupancy by or occupied by any transient. Manager's quarters shall be occupied only by the operators; the managing agents of the operator, or employees of the operator, and the total number of occupants in any manager's quarters shall be limited to the same extent that the number of occupants in any dwelling unit in the R-3 Zone is limited by the Official Land Use Plan Law of the city (contained in Ch. 153 of the code of ordinances) or any other applicable law of the city. No manager's quarters shall contain more than one kitchen.

(b) At least two parking spaces, or an internal driveway abutting an office used for the purposes of registering transients, shall be posted with signs indicating that such parking spaces or driveway is to be used for registration purposes only.

(c) Microwave ovens and/or any other appliance capable of preparing foods of any kind shall not be located in any unit, other than the manager's quarters, except that appliances designed for the sole purpose of preparing coffee or boiling water shall be permitted in any unit.

(d) No more than one meter shall be used or maintained for each utility service to any hotel or motel. Utility panels for such meters shall not be visible from any public sidewalk or street which abuts such hotel and motel.

(e) Coin-operated machines designed or used for the disbursement of food, beverages, personal articles, or other commercially sold items shall not be located inside any unit of any hotel or motel.

(f) Every operator of every hotel or motel within the city shall keep a register wherein he shall require all transients to print and sign their names upon their procuring lodging or accommodations in such hotel or motel. The register shall also show the time when the name was printed and signed (including the time of day, the day, and the month of the year), the room occupied or to be occupied by such person, the address of each such person, the make, year, and license number of the vehicle, if any, of such person, and the state in which such vehicle is licensed. Such register shall be kept in a conspicuous place in the office of the hotel or motel and at all times shall be open to inspection by any police officer, the City Manager, or any designated representative of the City Manager.

(g) No occupancy or registration of any unit, or any portion thereof, other than the manager's quarters, by any person shall exceed 21 calendar days in any consecutive 90 calendar day period.

(h) No unit, or any portion thereof, shall be rented more than two times in any one consecutive 24-hour period or more than one time in any one consecutive 12-hour period. (i) No hourly or monthly billing rate shall be offered, accepted, or otherwise used by any operator or any managing agent or employee of any operator of any hotel or motel. (j) The operator of any hotel or motel shall not permit the parking of any vehicle, whether an automobile, truck, or recreational vehicle, anywhere other than within the painted and designated parking space which is adequate for such parking.

(k) Daily room cleaning service shall be provided for each unit which is rented.

('65 Code, § 5-29.02) (Ord. 297-C.S., passed - - ) Penalty, see § 10.99

(H) Karaoke KTV. The City Council shall have the authority to adopt by resolution standard conditions to be incorporated into conditional use permits issued for karaoke TV businesses. The conditions may be amended from time to time as the Council deems appropriate. Further, the Planning Commission may impose additional conditions on

individual projects as it deems necessary to carry out the provisions of this title. (I) Live entertainment. Any business offering live entertainment shall require the issuance of a conditional use permit for that business. The Planning Commission, in consultation with the Police Department and other city agencies, shall have the authority to impose whatever conditions it deems necessary to protect public health, safety, and community welfare. (J) Secondhand stores. The outdoor display or storage of goods shall be prohibited at all times, notwithstanding the provisions of § 153.159. (K) Personal care facilities. (1) Applicants requesting personal care facilities with private rooms shall complete and submit a planning application and supplemental Police questionnaire for review and approval by the Community Development Department and the Police Department along with the following information: (a) A professionally prepared plot plan that is drawn to at least an one-eight-inch scale, showing all property boundary lines, building location(s) and off-street parking; and (b) Floor plans that include the location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvement necessary for the operation of the business. (2) Appeal. If an applicant is dissatisfied with the decision related to their application, they have the ability to appeal the decision to the Council following the appropriate procedures as outlined in § 153.247 of the Municipal Code. (3) Minimum requirements. (a) All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the establishment) shall remain unlocked during business hours. Interior doors shall not have any locking mechanisms, including but not limited to any and all interior doors which lead to, or are located in, the following areas: customer waiting room, front reception, or internal hallways. A door leading from any lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner. No private rooms for public use shall be allowed. Restrooms are excluded from this requirement. (b) All exterior windows and glass doors shall not be blocked by window tinting, opaque coverings of any kind, or by painted signs that cover more than 25% of any windowpane. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians. (c) Treatment rooms within personal care facilities shall meet the following visibility standards: 1. There must be windows on the upper half of all interior walls that face into common areas. The windows must have at least 75% unobstructed visibility on the upper half of the interior wall. 2. Doors to treatment rooms must have an unobstructed window in the upper half of the door covering at least 75% of the upper half of the door. 3. Doors cannot be capable of being locked or blocked and should have a minimum 12-inch gap between the top of the door and doorframe and a 12-inch gap between the bottoms of the door and floor. 4. In lieu of doors, curtains may be used to cover the door opening and must have a minimum 12-inch gap between the top of the curtain and doorframe and a 12-inch gap between the bottom of the curtain and floor. (d) The applicant may use drapes with runners in place of solid partitions. (e) There shall be only one customer allowed in the facial room at any given time and the business shall post this regulation accordingly. The sign shall be a minimum of 12 by 14 inches and posted in a conspicuous location. (f) There shall be no buzzer alarm or intercom system. (g) Adult oriented merchandise prohibited. The use or possession of adult oriented merchandise in the establishment is strictly prohibited. (h) The business shall be available for inspection by the San Gabriel Police Department during business hours. (i) The applicant shall provide the hours and days of operation to the Police Department for review. (4) Revocation. If the owner/operator is found in violation of the requirements that owner/operator shall receive written notice and shall have three business days to contact the Community Development Department to remedy the violation. Failure to comply shall result in actions as prescribed in § 110.14 (Suspension or Revocation Procedure) of the City's Municipal Code. (5) Applicability to existing businesses. Existing personal care facilities with legally constructed tenant improvements and valid business licenses issued prior to the effective date of this ordinance that do not comply with these provisions will be subject to § 153.422 (Continuation of Non-Conforming Structures) of the city's Municipal Code. (L) Vending machines. (1) Businesses shall be limited to the number of machines as follows: (a) Building frontages up to 50 linear feet may have a maximum of one machine. (b) Building frontages of 51- 100 linear feet may have up to two machines. (c) Building frontages of 101- 200 linear feet may have up to three machines. (d) Building frontages of 201- 300 linear feet may have up to four machines. (e) Building frontages over 300 linear feet may have a maximum of five machines. (2) Vending machines located within public view shall be grouped in one location at a business or shopping center. (3) Vending machines installed within a shopping center shall maintain a distance between groupings of machines of 100 feet. (4) The vending machine shall not be placed in a location that would reduce the width of the walkways on private property to less than three feet. (5) The vending machine shall not be located within five feet of a driveway. (6) The vending machine shall not project onto or over any part of the public right-of-way, take up required parking spaces, or interfere with ingress/egress or other circulation patterns. (7) All ven

not be placed in a location that would reduce the width of the walkways on private property to less than three feet. (5) The vending machine shall not be located within five feet of a driveway. (6) The vending machine shall not project onto or over any part of the public right-of-way, take up required parking spaces, or interfere with ingress/egress or other circulation patterns. (7) All ven

not be placed in a location that would reduce the width of the walkways on private property to less than three feet. (5) The vending machine shall not be located within five feet of a driveway. (6) The vending machine shall not project onto or over any part of the public right-of-way, take up required parking spaces, or interfere with ingress/egress or other circulation patterns. (7) All vending machines shall be kept in good working order, absent of broken or missing parts, graffiti, dirt or oils. (8) No advertising shall be permitted on the machine other than what is being sold from the vending machine. (9) When installed adjacent to a building, vending machines shall be parallel to the wall of the building with a clearance between the wall and the vending machine of not more than six inches. (10) Vending machines shall be affixed to property in a way to insure they are not upset due to earthquake or other calamity but shall not be affixed by way of chains or other temporary methods. (11) Security cages or similar devices, which fully enclose the vending machine, are prohibited for vending machines located within public view. (M) VIP rooms within restaurants. All VIP rooms shall comply with each of the following minimum requirements to the satisfaction of the Police Department: (1) The VIP room shall be used in conjunction with meal service only. (2) VIP rooms shall be available for use only during the restaurant's posted, regular business hours. Business hours shall be posted and observed. All non-employees shall vacate the restaurant within 15 minutes after the restaurants posted closing time. (3) The room shall be designed to accommodate normal restaurant activities. Dining tables and chairs shall be included. No other furniture, especially, couches, lounging furniture or other accessories not generally associated with a restaurant shall be allowed.

(4) Permanent lighting shall be maintained in the VIP room at all times.

(5) The door and window openings of the room shall be maintained free and clear of all visual obstructions at all times. (6) Curtains or other screening may be utilized for privacy in lieu of a solid door. (7) All public areas of the facility must allow visibility into the room from other areas of the interior of the facility. As a rule of thumb, 75% unobstructed visibility of the upper half of any interior walls would be sufficient visibility. (8) No tinted or "one-way" glass shall be installed in any VIP room. (9) No doors other than exterior doors and restrooms shall be capable of locking within the facility. The premises' exterior doors shall remain unlocked during business hours. (10) No equipment shall be installed other than surveillance cameras installed and utilized per the approval of the Chief of Police, which has the capability off recording, videotaping or monitoring the activities, conversations, or other sounds in the VIP rooms. (11) No doorbells, buzzers, warning devices, or similar devices shall be installed at the facility. (12) Any serving of alcoholic beverages must be in compliance with alcoholic and beverage control's rules and regulations and any conditions established by conditional use permit. (13) No live entertainment, dancing or karaoke shall be provided or allowed in the VIP room without a conditional use permit. (14) Each facility shall allow for unannounced inspections at any time and the owner/operators shall cooperate with city officials at all times. (N) Pool and billiard halls. All pool and billiard halls shall meet the following minimum conditions for a permit: (1) Physical environment. (a) A clear and unobstructed view of the entire interior of the pool or billiard hall shall be visible from the entrance to such room. (b) No partitions forming rooms, stalls, or other enclosures within which the public may congregate shall be permitted within the pool or billiard hall. However, this shall not prohibit the maintenance of washrooms, toilet rooms or storage closets. (c) No alcoholic beverages shall be sold, consumed or made available in the pool or billiard hall. (2) Conduct. (a) Behavior within the pool or billiard hall shall conform to all laws and ordinances in addition to the provisions of this chapter. Management shall provide sufficient adult supervision to assure compliance with such laws and ordinances. All owners, managers, and operators of the pool or billiard hall shall be strictly responsible for the enforcement of any rules and regulations promulgated for the operating of such room, and shall not permit any person violating any law, ordinance, rule or regulation to remain in the pool or billiard hall. (b) No persons shall bring any form of alcoholic liquor into a pool or billiard hall. No person in an intoxicated condition shall enter or remain in the pool or billiard hall. (c) No person having charge or control of any pool or billiard hall shall permit any persons to enter or remain therein who has any form of alcoholic liquor in their possession, or permit any intoxicated, boisterous or disorderly persons to enter, be or remain in any pool or billiard hall. (O) Emergency shelters. All emergency shelters shall meet the following locational and operational standards: (1) The shelter shall be located adjacent to any zone except R-1; (2) The shelter shall be located within one-quarter mile of a bus stop; (3) The shelter shall be located within a two-mile radius of a hospital; (4) The number of beds shall not exceed one per 130 square feet of gross floor area; (5) Off-street parking shall be provided for every staff member; (6) The shelter shall have full-time on-site management; (7) The shelter shall be located no closer than 300 feet to another emergency shelter; (8) The maximum length of stay of any person shall be six months; (9) Exterior lighting shall be provided at building entrances and exits and within parking areas. The lighting fixtures must be shielded to prevent glare; and (10) Security guards, as recommended by the Police Department, shall be provided during the hours that the emergency shelter is open. (P) Single room occupancy (SRO) developments. All single room occupancy (SRO) developments shall meet the following locational and operational standards: (1) Single room occupancy developments shall be located adjacent to any zone except R-1; (2) Single room occupancy developments shall be located no closer than 300 feet to another single room occupancy development; (3) Single room occupancy units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be 500 square feet; (4) A minimum lot size of 18,000 square feet and a minimum street frontage of 90 feet are required for the development of any new single room occupancy developments; (5) Single room occupancy developments shall not exceed a density of 1,742 square feet of net lot area for each unit; (6) At least one common bathroom shall be provided for every six units; (7) Buildings in a single room occupancy development shall not occupy more than 60% of the total net lot area; (8) Single room occupancy developments shall not exceed a maximum height of three stories or 45 feet; (9) Each single room occupancy development shall have a common open space area totaling a minimum of 100 square feet per unit; (10) Each single room occupancy development shall have a front yard of not less than 15 feet; (11) Each single room occupancy development shall have a side yard of not less than ten feet. On corner lots the side yard of the side street shall be not less than ten feet; (12) Each single room occupancy development shall have a rear yard of not less than 20 feet; (13) Garbage and rubbish collection areas shall be provided as required in § 153.151 of the San Gabriel Municipal Code; (14) Adequate laundry

e room occupancy development shall have a side yard of not less than ten feet. On corner lots the side yard of the side street shall be not less than ten feet; (12) Each single room occupancy development shall have a rear yard of not less than 20 feet; (13) Garbage and rubbish collection areas shall be provided as required in § 153.151 of the San Gabriel Municipal Code; (14) Adequate laundry

e room occupancy development shall have a side yard of not less than ten feet. On corner lots the side yard of the side street shall be not less than ten feet; (12) Each single room occupancy development shall have a rear yard of not less than 20 feet; (13) Garbage and rubbish collection areas shall be provided as required in § 153.151 of the San Gabriel Municipal Code; (14) Adequate laundry facilities shall be available on the premises, with no fewer than one washer/dryer per six units; (15) Average income of residents in the development shall be no more than 40% of the area median income; (16) The development shall be subject to a covenant recorded with the County Assessor’s Office stating that the units shall be subject to these income restrictions for a minimum period of 55 years; (17) New construction projects for seniors shall not qualify as single room occupancy housing; (18) Off-street parking shall be provided at the rate of 0.5 parking space per unit, plus one parking space for on-site management; (19) Single room occupancy developments shall have full-time on-site management. (Q) Community gardens. (1) Management. Community gardens shall be managed bv a garden coordinator and operated according to a set of rules addressing governance, hours of operation, maintenance and security responsibilities, and the system for assigning plots.

(2) Structures . Structures are limited to storage sheds, plant cultivation structures (greenhouses, hoophouses. and cold frames), benches, bike racks, raised planting beds, compost or waste bins, picnic tables, fences, and rain barrel systems. Individual structures may not exceed 120 square feet in size or 12 feet in height. The combined area of all structures shall not exceed 15% of the garden area. All structures shall meet the setback requirements of the underlying zoning district and § 153.126, Accessory Buildings and Structures.

ike racks, raised planting beds, compost or waste bins, picnic tables, fences, and rain barrel systems. Individual structures may not exceed 120 square feet in size or 12 feet in height. The combined area of all structures shall not exceed 15% of the garden area. All structures shall meet the setback requirements of the underlying zoning district and § 153.126, Accessory Buildings and Structures.

(3) Fencing . Community gardens shall be fenced in accordance with the development standards of the underlying zoning district. (4) Signs . One sign per street frontage is permitted. Signs shall not exceed four square feet of sign face area and shall not exceed six feet in height. The sign shall include a contact telephone number and/or contact e-mail address/website address for the garden coordinator and for the Community Development Department. No advertising for garden sponsors, donors, supporters, suppliers, etc. is permitted on site. (5) Water . (a) A metered water supply connection shall be provided. Water costs shall be paid by the garden coordinator body. (b) Sprinkler systems are prohibited: all watering shall be by hose or watering can. Informational materials supplied by the garden coordinator to plot holders shall include advice on water conservation, mulching, effective watering techniques, etc. (6) Compost . Compost materials shall be stored at least three feet from adjacent property in a manner that is not visible from adjacent property, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. (7) Trash . A suitably sized trash receptacle shall be placed on-site. The garden coordinator shall be responsible for arranging for and making payment for regular trash collection. The operating rules shall encourage onsite composting of plant materials only and encourage gardeners to take their trash off-site for disposal. (8) Outdoor lighting . No outdoor lighting is permitted. (9) Operational standards. (a) Allowable uses include the cultivation of fruits, vegetables, plants, flowers, or herbs. Plants prohibited by the State of California and/or federal law are prohibited. (b) Gardening activities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. (c) Mechanized tools (tillers, trimmers, etc.) or flame-producing tools are prohibited. (d) On-site sales of produce or any other items are prohibited. (e) The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property or to the public right-of-way. (f) No synthetic pesticides or herbicides may be used. (g) No fresh manure may be used. (h) Entrance gates (if any) shall be secured with a key or combination lock. A copy of the key or the combination code shall be provided to the Community Development Department. (10) Rules and regulations . A bulletin board (or similar) shall be erected on the site listing the rules and regulations that apply to garden users. The bulletin board shall not be visible from the public right of way to minimize the risk of vandalism. (11) Maintenance. Garden areas shall be maintained in good condition to prevent overgrown plots, unmaintained common areas, accumulation of trash, blight, and other nuisances. (R) Open air markets . (1) Application requirements . A temporary use permit is required for open air markets that are one-time events. The Planning Commission shall approve a conditional use permit for ongoing open air markets only if the following requirements are met: (a) The market operator and/or individual vendors secure all necessary licenses, certificates and health permits, and all agricultural products meet all pertaining health and safety standards. (b) Documentation is provided to show that all standards set forth in this section will be met. (2) Management plan . A management plan shall be prepared and provided to the Planning Commission, including the following: (a) Identification of (a) market manager(s), who shall be present during all hours of operation. (b) A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking. (3) Parking. One vehicle parking space for each vendor stall shall be provided. Alternative parking arrangements, including shared parking, may be considered by the Planning Commission in determining whether sufficient parking is provided. (4) Hours of operation . Market activities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. Set-up and clean-up and take-down may occur between 6:00 a.m. and 9:00 p.m. (5) Waste disposal . Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris. (6) Performances . Live musical and other performances may be approved with appropriate permits; a temporary use permit for one-time events or a conditional use permit for ongoing events. (S) Low barrier navigation center. All low barrier navigation centers shall meet the following locational and operational standards: (1) A low barrier navigation center is a housing first low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (2) Low barrier are best practices to reduce barriers to entry, and may include, but are not limited to, the following: (a) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; (b) Pets; (c) The storage of possessions; and (d) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (3) The low barrier navigation center shall be located in mixed-use and non-residential zones permitting multi-family uses. (4) The low barrier navigation center shall offer services to connect people to permanent housing through a services plan that identifies servi

ivacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (3) The low barrier navigation center shall be located in mixed-use and non-residential zones permitting multi-family uses. (4) The low barrier navigation center shall offer services to connect people to permanent housing through a services plan that identifies servi

ivacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (3) The low barrier navigation center shall be located in mixed-use and non-residential zones permitting multi-family uses. (4) The low barrier navigation center shall offer services to connect people to permanent housing through a services plan that identifies services staffing. (5) The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. (6) The low barrier navigation center shall comply with Chapter 6.5 of Division 8 of the Welfare and Institutions Code. (7) The low barrier navigation center shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by § 578.3 of Title 24 of the Code of Federal Regulations; (8) An application for a low barrier navigation center shall be submitted to the Community Development Department. The city shall notify the applicant whether the application is complete within 30 days of receipt pursuant to § 65943 of the Gov’t Code. The city shall act within 60 days of receipt of a completed application. (9) This section shall remain in effect until such time as Article 12 of Chapter 3 of Division 1 of Title 7 of the Cal. Gov’t Code is repealed by the state legislature or by its own sunset provisions. (T) Supportive housing. (1) Supportive housing shall have the same meaning as defined in § 50675.14 of the Health and Safety Code. (2) Supportive services shall have the same meaning as defined in the Gov’t Code § 65582.

n in effect until such time as Article 12 of Chapter 3 of Division 1 of Title 7 of the Cal. Gov’t Code is repealed by the state legislature or by its own sunset provisions. (T) Supportive housing. (1) Supportive housing shall have the same meaning as defined in § 50675.14 of the Health and Safety Code. (2) Supportive services shall have the same meaning as defined in the Gov’t Code § 65582.

(3) Target population shall have the same meaning as defined in § 50675.14 of the Health and Safety Code. (4) Use by right shall have the same meaning as defined in subdivision (i) of § 65583.2 of the Government Code. (5) Supportive housing shall be a use by right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses, if the proposed housing development satisfies all of the following requirements: (a) Units within the development are subject to a recorded affordability restriction for 55 years. (b) One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income. For purposes of this division, "lower income households" has the same meaning as defined in § 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. (c) At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing. (d) The developer shall provide the Community Development Department with the information required by Gov’t Code § 65652. (e) Nonresidential floor area shall be used for onsite supportive services in the following amounts: 1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services; and 2. For a development with more than 20 units, at least 3% of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. (f) The developer shall replace any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Gov’t Code § 65915. (g) Units within the development, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. (6) The supportive housing development shall comply with the written, objective development standards and policies that apply to other multi-family developments within the same zone. (a) The review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this subdivision shall be conducted consistent with the requirements of subdivision (f) of Gov’t Code § 65589.5, and shall not constitute a "project" for purposes of Division 13 (commencing with § 21000) of the Public Resources Code. (7) Any discretion exercised by the city in determining whether a project qualifies as a use by right pursuant to this section or discretion otherwise exercised pursuant to this section does not affect the city's determination that a supportive housing development qualifies as a use by right pursuant to this subdivision. (8) Notwithstanding any other provision of this section to the contrary, the city shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all the following conditions have been met: (a) The owner demonstrates that it has made good faith efforts to find other sources of financial support. (b) Any change in the number of supportive housing units is restricted to the minimum necessary to maintain the project's financial feasibility. (c) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units. (9) This section does not prohibit the city from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, the city shall not adopt any requirement, including, but not limited to, increased fees or other exactions, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development's eligibility to receive ministerial approval pursuant to this article. (10) A developer of supportive housing subject to this section shall provide the Community Development Department with a plan for providing supportive services, with documentation demonstrating that the supportive services will be provided onsite to residents in the project, as required by Government Code § 65651, and describing those services, which shall include all of the following: (a) The name of the proposed entity or entities that will provide supportive services; (b) The proposed funding source or sources for the provided onsite supportive services; and (c) Proposed staffing levels. (11) The Community Development Department shall approve a supportive housing development that complies with the applicable requirements of this section. (12) The Community Development Department shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this section. The Community Development Department shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the a

mmunity Development Department shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this section. The Community Development Department shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the a

mmunity Development Department shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this section. The Community Development Department shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. (13) If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents. (14) This section shall not be construed to do either of the following: (a) Preclude or limit the ability of a developer to seek a density bonus, including any concessions, incentives, or waivers of development standards, from the city pursuant to Gov’t Code § 65915 or any other local program that offers additional density or other development bonuses when affordable housing is provided. (b) Expand or contract the authority of the city to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. (U) Transitional housing. (1) Transitional housing provides temporary housing with supportive services to individuals and families experiencing homelessness with the goal of interim stability and support to successfully move to and maintain permanent housing. (2) Transitional housing projects can cover housing costs and accompanying supportive services for program participants for up to 24 months. (3) Participants in a transitional housing project must have a signed lease, sublease, or occupancy agreement with the following requirements: (a) An initial term of at least one month; (b) Automatically renewable upon expiration, except by prior notice by either party; and (c) A maximum term of 24 months. (‘65 Code, § 9-3.848) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 520-C.S., passed 11-4-03; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 590C.S., passed 3-1-11; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17; Am. Ord. 709, passed 7-2-24)

• (A) Stationary vending carts. Vending carts on private property associated with an established retail or service business shall be subject to the following regulations:

• (1) A valid business license shall be required to operate any vending cart on private property, even if the cart remains at a fixed location.

• (2) If food is prepared or sold from the vending cart, the operator shall obtain and maintain a valid County Health Department permit.

• (3) Vending carts may be located either inside or outside of a building, subject to the location restrictions identified in divisions (A)(5) through (A)(7) below.

• (4) The vendor shall not place any permanent or temporary fixtures at the location of the vending activity, including, but not limited to chairs, tables, signs not affixed to the cart, or storage facilities.

• (5) The vending cart shall not be located on any landscaped area or parking area, nor shall it impede access to any parking area.

• (6) The vending cart shall not be placed in a manner that obstructs or impedes pedestrian circulation.

• (7) The vending cart shall not be located on any public right-of-way unless otherwise authorized by the city.

• (8) No sales shall be solicited from or made to motorists.

• (9) A maximum of two signs, affixed to the cart, shall be permitted, with each sign limited in size to two square feet.

• (10) All vending carts shall be equipped with trash receptacles of sufficient size to accommodate trash generated by the use.

(B) Movable vending carts. Movable vending carts operating on public rights-of-way are permitted only with a valid business license. All such carts must comply with health regulations of Los Angeles County and the State of California, and any other regulations or requirements which apply to their use and operation. ('65 Code, § 9-3.852) (Ord. 455-C.S., passed 11-21-95)

(A) Purpose. These mixed-use provisions are established to provide for the compatible and beneficial mixture of commercial, office, and residential uses in a single structure or on a single site. Mixed-use development is designed to achieve a convenient business/residential environment in areas where multiple activities are considered to be desirable. Mixed-use development also serves as a transition or buffer between residential uses and commercial uses. In addition, mixed-use development can add to the city’s supply of affordable housing; reduce commutes between home and work; and promote strong, stable, and desirable pedestrian-oriented business environments.

(B) Permitted uses. Multi-family residential uses are only permitted on the second and third floors above ground floor commercial or office uses permitted in the C-1 and C-3 Zone. Ground floor multi-family residential uses are only permitted in mixed-use developments in excess of three acres.

(C) Development standards. All mixed-use developments shall comply with the provisions established for the C-1 and C-3 Zone, except as modified in this subchapter. The following standards shall apply to all mixed-use developments.

(1) Parking. The number of off-street parking spaces required for specific uses shall be in compliance with the provisions set forth in § 153.220 herein, except as modified in this subchapter. All multi-family residential uses shall be provided with one parking space per bedroom which shall be located in a garage or carport. However, units designated for senior citizens (62 years of age or older) shall be provided at a rate of 0.75 spaces per unit (covered or uncovered). Guest parking for the multi-family residential uses shall be provided at a rate of one space for every three multi-family residential units. Tandem parking may be used only for the spaces which are assigned and designated for a single residential unit. Additionally, parking for residential units shall be separate and secured.

(2) Multi-family density. For mixed-use development projects which abut R-1 or R-2 zoned property or equivalently zoned properties in unincorporated Los Angeles County, the minimum site area shall be 3,960 square feet of net lot area for each multi-family dwelling unit. If the mixed-use development projects abuts any other zone, the minimum site area shall be 1,452 square feet of net lot area for each family dwelling unit. Density bonuses shall be allowed in accordance with the provisions established in the California Government Code § 65915.

(3) Floor area ratio. The maximum floor area ratio (F.A.R.) for the entire development shall not exceed one time the total net lot area. Multi-family residential uses shall be a minimum of 25% of the total net lot area, but shall not exceed 50% of the total net lot area.

(4) Lot coverage. Buildings and all accessory buildings shall not occupy more than 55% of the total net lot area which abuts an R-1 or R-2 Zone or equivalently zoned properties in unincorporated Los Angeles County, or 60% of the total net lot area which abut any other zone.

(5) Height limit. For mixed-use development projects which abut R-1 or R-2 zoned properties or equivalently-zoned properties in unincorporated Los Angeles County, the maximum building height is two stories or 35 feet. For mixed-use development projects which abut any other zone, the maximum height is three stories or 45 feet.

(6) Front yards. The following front yard setback areas shall be provided for mixed-use development projects:

(a) No front yard setback shall be required for commercial use floors, however, a front setback may be required through the Precise Plan of Design review or Conditional Use Permit process.

(b) Residential use floors shall maintain a minimum five foot setback beyond the commercial floors.

(7) Side yard. For mixed-use development projects which abut a residential zone, there shall be a minimum ten foot setback. There shall not be a required side yard for mixeduse development projects which abut any other zone. However, on corner lots, the side yard on the street side shall be not less that ten feet.

• (8) Rear yards. The rear yard for a mixed-use development project shall be not less than 15 feet.

(9) Storage. A minimum of one 90-cubic-foot lockable, enclosed storage space per residential unit must be provided.

(10) Trash enclosures. Separate trash facilities shall be provided for the residential and non- residential components of the development.

(11) Open space areas.

(a) Each multi-family residential use shall have an adjoining open space area totaling a minimum of 100 square feet. Open space areas located on the ground level shall have minimum dimension of ten feet. Open space areas located above the ground level shall have a minimum dimension of six feet.

(b) For mixed-use developments in excess of three acres, a pedestrian plaza, community garden, or other open space area shall be proved as an aesthetic and usable passive recreation amenity. The area of the open space shall be determined through the conditional use permit review process. All open areas shall be unobstructed from the ground upward, unless covered by a roof or balcony supported entirely by the building. All open space areas not landscaped must be developed with either reflection pools, fountains, pedestrian walkways, rest areas, or other similar improvements.

(12) (Reserved)

(13) Maximum uninterrupted building facade length. One public entrance shall be provided per 100 feet of building facade at street level.

(‘65 Code, § 9-3.856) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 495-C.S., passed 2-16-99; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 601-C.S., passed 3-4-14; Am. Ord. 608C.S., passed 5-20-14; Am. Ord. 695, passed 12-5-23)

In addition to the requirements contained in this subchapter, the following additional requirements of this code shall apply to the development and use of any property in the C-1, C-3, and M-1 zone districts:

§ 153.003 Definitions §§ 153.220 - 153.227 Off-Street Parking §§ 153.320 - 153.333 Signs §§ 153.280 - 153.286 Planned Development Overlay Zone §§ 153.380 - 153.383 Commercially-Utilized Condominiums §§ 153.400 - 153.404 Trip Reduction and Travel Demand Measures §§ 153.530 - 153.539 Landscape Chapter 121 Adult-Oriented Businesses Chapter 110 Business Licenses §§ 116.010 - 116.029 Amusement Machines Chapter 118 Fortune Telling §§ 116.055 - 116.065 Poolrooms and Billiard Rooms Chapter 122 Massage Establishments and Services (‘65 Code, § 9-3.860) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 591-C.S., passed 9-20-11; Am. Ord. 601-C.S., passed 3-4-14)

Any new development project within the city which is either commercial, industrial, or light manufacturing or any enlargement of an existing commercial, industrial or light manufacturing structure by more than 25% of the existing gross floor area, shall be required to provide a trash enclosure area for the collection and loading of recyclable materials. The dimensions and location of said enclosure shall be established by the Community Development Director based on trash collection needs and recyclable material generation of the project. (Ord. 508-C.S., passed 11-7-00)

The following supplemental standards apply to commercial and mixed-use development in the C-l and C-3 Districts to create a pedestrian friendly environment. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations. (A) Orientation of primary building entrance . The primary building entrance shall face or be oriented to the street frontage. Where a site is located on two public streets, a primary entrance shall be oriented toward the street with the higher classification. If a site fronts two public streets of equal classification, the applicant may choose which frontage on which street to meet the requirement. (B) Building transparency/required openings. Exterior walls facing and within 20 feet of a front or street side lot line shall include windows, doors, or other openings for at least 50% of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening.

FIGURE 153.167-(A): BUILDING TRANSPARENCY/ REQUIRED OPENINGS

(1) Design of required openings . Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. (2) Exceptions for parking garages . Multi-level garages are not required to meet the ground-floor transparency requirement. Instead, they must be designed and screened, consistent with the requirements of the off-street parking subchapter (§§ 153.220 through 153.229). (3) Exceptions for historic buildings . Adaptive reuse projects that incorporate architectural preservation methods as recommended by the City Preservation Architect are not required to meet the ground-floor transparency requirement as an incentive for historic preservation. The final determination shall be made by the Design Review Commission and/or the Historic Preservation and Cultural Resource Commission. (4) Reductions through design review . The building transparency requirement may be reduced or waived if it is found that: (a) The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater: and (b) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level. (C) Building articulation . Buildings shall provide adequate architectural articulation and detail to avoid a bulky and “box-like” appearance and to create a pedestrian friendly environment. (1) All street-facing facades shall have relief in plane and texture. (2) Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest. (3) Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing. (D) Pedestrian access . A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. (1) To street network . Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. (2) To neighbors . Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. (3) To transit . Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. (E) Limitations on location of parking . Parking shall be located behind or to the side of buildings. (F) Limitations on curb cuts . Curb cuts shall be minimized and placed in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least ten feet from an intersection curb return or pedestrian cross walk. (Ord. 608-C.S., passed 5-10-14; Am. Ord. 636-C.S., passed 8-15-17)

tions on location of parking_ . Parking shall be located behind or to the side of buildings. (F) Limitations on curb cuts . Curb cuts shall be minimized and placed in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least ten feet from an intersection curb return or pedestrian cross walk. (Ord. 608-C.S., passed 5-10-14; Am. Ord. 636-C.S., passed 8-15-17)

AUTOMOBILE PARKING AS CONDITIONAL USE IN NON-COMMERCIAL ZONES

§ 153.170 INTENT AND PURPOSE.

(A) The automobile parking as a conditional use provisions are established to allow required off- street parking facilities to be located in non-commercial zone districts on a parcel of land at a location separate from the site and use which the parking facilities are required to serve. Such parking facilities may be established in instances where required parking cannot be accommodated on the same site as the use(s) for which the parking facilities are required.

(B) A conditional use permit shall be required for any parking facility proposed pursuant to the provisions of this subchapter. ('65 Code, § 9-3.1201) (Ord. 455-C.S., passed 11-21-95)

(A) Where the parcel(s) providing the parking facilities is under the same ownership as the parcel developed with the use for which the parking facilities are provided, the following uses are permitted under a conditional use permit:

(1) The off-street parking of vehicles of owners, operators, employees, customers, and clients of the business or businesses for which the parking facilities are provided.

(2) Incidental and accessory structures, such as guard booths, access control gates, and the like, necessary for the safe and secure operation of the parking facility.

(B) Where the parcel(s) providing the parking facilities is under separate ownership than the parcel developed with the use for which the parking facilities are provided, the parking facilities and incidental uses described in (A)(1) and (A)(2) above are permitted under a conditional use permit. However, as a condition of establishing such off-site parking facilities, the Community Development Director shall require the applicant to enter into and maintain a long-term lease with the owner of the property allowing the site to be used for off-site parking purposes. The lease shall remain in effect for as long as the use served continues to remain. Also, the lessee shall enter into agreement with the city to maintain the parking facilities for as long as the lease remains in effect.

(C) Parking structures are specifically prohibited.

('65 Code, § 9-3.1204) (Ord. 455-C.S., passed 11-21-95)

A precise plan of design (staff level), obtained pursuant to § 153.355(A), shall be required for the development of all proposed surface parking lots. ('65 Code, § 9-3.1208) (Ord. 455-C.S., passed 11-21-95)

All off-site parking facilities shall be located within 300 feet of the use that they are intended to serve and shall be contiguous to a commercial or industrial zone. The 300-foot distance shall be measured from lot line to lot line.

('65 Code, § 9-3.1212) (Ord. 455-C.S., passed 11-21-95)

• (A) Setbacks. The following setback areas shall be provided:

• (1) Front yard setback - five feet;

• (2) Side yard setback for corner lot and lot abutting a residential zone - six feet;

• (3) Side yard setback for all other lots - five feet;

• (4) Rear yard setback abutting a residential zone - ten feet;

• (5) Rear yard setback for all other lots - zero feet.

(B) Masonry wall. Wherever a surface parking lot abuts a residential zone, a solid masonry wall shall be provided. The wall height shall be constructed to the maximum permitted height for the residential zone district which the parking lot abuts, and shall be constructed along the entire length of the shared lot line.

(C) Height limits. All guard booths and similar entry control structures shall have a maximum height of ten feet.

(D) Landscaping. All required setback areas shall be fully landscaped and provided with an automatic irrigation system. All landscaping shall be maintained in a neat and healthy condition.

(E) Signage. Permitted signage shall be limited to directional signage, as described in §§ 153.320 through 153.333, and one sign, not to exceed 25 square feet in area, identifying the businesses for which the parking is provided.

('65 Code, § 9-3.1216) (Ord. 455-C.S., passed 11-21-95)

OFF-STREET PARKING

(A) Required spaces. The table at the end of this section specifies the number of off-street parking spaces required for specific uses. The requirement for a use not specifically mentioned shall be the same as for a specified use which has the most similar traffic and/or parking generating characteristics. The Community Development Director shall determine what constitutes similar traffic-generating characteristics.

(B) Fractional spaces. If the calculation of required parking spaces results in a fractional number, that number shall be rounded up to the next whole number.

(C) Handicapped parking. Parking for handicapped persons shall be provided pursuant to the provisions of Title 24 of the California Code of Regulations.

(D) Compact parking. The total number of compact parking spaces provided shall not exceed 35% of the total number of required spaces.

(E) Small commercial uses exempt. In any district where they are permitted, general commercial uses which require one space/250 square feet of gross floor area or lower parking ratio are not required to provide on-site parking when they contain less than 1,500 square feet of floor area. However, when more than four such establishments are located on a single lot, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking. This exemption does not apply to restaurants, bars, night clubs, or other uses that have a more intensive parking requirement.

(F) Reconstruction, expansion and change in use of existing non-residential buildings . When a change in use, expansion of a use, or expansion of floor area creates an increase of 10% or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided only for the incremental increase in required parking and loading spaces created by such addition, enlargement, or change in use. The existing parking shall be maintained.

(1) If a building or site has existing legal parking spaces in greater number than the prescribed minimum requirements for such use, the number of spaces exceeding the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

(2) If a building or site has existing legal parking spaces lesser in number than the prescribed minimum requirements for such use, the number of parking spaces required by the existing use may be credited to a new use.

(3) A change in occupancy is not considered a change in use unless the new occupant is a different use type, as defined by the latest adopted edition of the California Building Code , than the former occupant.

(4) Additional parking spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

(G) Tandem parking and valet parking.

(1) Tandem parking . Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following:

• (a) No more than two vehicles shall be placed one behind the other.

• (b) Both spaces shall be assigned to a single dwelling unit or nonresidential establishment.

(c) Tandem parking to meet required parking for non-residential uses shall not exceed 50% of the total number of spaces required for non-residential uses. Tandem parking will only be allowed for non-residential uses if valet parking is used.

(d) Tandem parking to meet required parking for residential multi-unit development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed 50% of the total number of spaces required for residential uses.

(e) Tandem parking shall not be used to meet the guest parking requirement.

(2) Valet parking . Valet parking permitted according to the conditions of § 153.228 may be used to satisfy up to 100% of the total amount of required commercial parking. Valet parked vehicles must be stored in a private parking area and not on public right-of-way.

(H) Parking reduction . The number of on-site parking spaces required by this section may be reduced as follows, subject to Planning Commission approval of a conditional use permit. (1) Transportation demand and trip reduction measures . The number of required parking spaces for any project that incorporates transportation demand and trip reduction measures as provided in § 153.402 may be reduced by 20% of the normally required number of spaces. (2) Transportation management association . The number of required parking spaces for any project that is located on a property belonging to a transportation management association may be reduced by 20% of the normally required number of spaces. A TRANSPORTATION MANAGEMENT ASSOCIATION shall mean a public-private partnership created to cooperatively provide transportation demand management programs, trip reduction programs, and/or transportation services in a defined geographic area. (3) Transit accessibility . For any land use except residential single-unit and duplex development, if any portion of the lot is located within one-quarter mile of a transit stop with regular, scheduled service during the weekday hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. and 7:00 p.m.. the number of required parking spaces may be reduced by 20% of the normally required number of spaces.

(4) Motorcycle or bicycle parking . Motorcycle or bicycle parking may substitute for up to 5% of required automobile parking. Each motorcycle space must be at least four feet wide and seven feet deep. Bicycle parking spaces shall comply with § 153.229.

(5) Shared parking . Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to 40% with Planning Commission approval of a conditional use permit, if the Commission finds that:

• (a) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces: (b) The proposed shared parking provided will be adequate to serve each use;

• (c) A parking demand study prepared by an independent traffic engineering professional and approved by the city supports the proposed reduction; and

(d) In the case of a shared parking facility that serves more than one property, a legally acceptable covenant is executed and recorded to guarantee the maintenance of the required spaces. (6) Parking reductions allowed by division (H)(1) through (H)(5) above may not be combined. (7) Required findings . The Planning Commission may only approve a conditional use permit for reduced parking allowed by division (H)(1) through (H)(5) above if it finds that: (a) Special conditions—including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site; (b) The use will adequately be served by the proposed on-site parking; (c) Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area. (d) In order to evaluate a proposed project’s compliance with the above criteria, the Director may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces.

(Ord. 455-C.S., passed 11-21-95; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 608-C.S., passed 5-20-14)

(A) Single-Family Residence Zone (R-1), Limited Two-Family Residence Zone (R-1A), and Low Density Multiple-Family Residence Zone (R-2). (1) In the R-1 and R-1A Zones each parking space shall be easily accessible from a street or alley by means of a driveway of ten feet minimum width. Such driveway or access shall be totally unobstructed. (2) A back-up space equal to 25 feet minus one-half the width of the garage door.

(B) Low Density Multiple-Family Residence Zone (R-2).

(1) If a driveway serves more than two units, the minimum width shall be 12 feet.

(2) If a driveway serves more than six units, the minimum width shall be 20 feet.

(3) All driveways ten feet or more in width shall be totally unobstructed at all points vertically above the required driveway, except that air-conditioners, bay windows, and architectural features not providing additional floor area may project over the driveway not more than one foot, and eaves 14 feet or more in height above the driveway may extend not more than three feet into the driveway area.

(C) Multiple-Family Residence Zone (R-3). In the R-3 Zone each parking space shall be easily accessible from a street or alley as follows:

(1) The minimum width of a driveway under any circumstance shall be ten feet.

(2) If a driveway serves more than six dwelling units, it shall be at least 20 feet wide.

(a) A fence or wall located at the property line may occupy not more than eight inches of such width.

(b) Utility poles and supporting anchors located at the property line may extend a maximum of 18 inches into the required driveway width.

(3) If the distance from the street to the parking facility is more than 200 feet, there shall be at least two 12-foot driveways from the street to the parking facility. One driveway 20 feet wide may be used in lieu of two 12-foot wide driveways.

(a) A fence or wall located at the property line may occupy not more than eight inches of the required width of either the two 12-foot driveways or the 20-foot driveway.

(b) Utility poles and supporting anchors located at the property line may extend a maximum of 18 inches into only one of either of the two 12-foot driveways or a maximum of 18 inches into the 20-foot driveway.

(4) All driveways ten feet or more in width shall be totally unobstructed at all points vertically above the required driveway, except that air-conditioners, bay windows, and architectural features not providing additional floor area may project over the driveway not more than one foot, and eaves 14 feet or more in height above the driveway may extend not more than three feet into the driveway area.

('65 Code, § 9-3.1605) (Ord. 956, passed - - ; Am. Ord. 80-C.S., passed - - ; Am. Ord. 245-C.S., passed - - ; Am. Ord. 589 C.S., passed 2-1-11) Penalty, see § 153.999

In the Retail Commercial Zone (C-1), Commercial and Limited Manufacturing Zone (C-3), and Light Manufacturing Zone (M-1) each parking space shall be easily accessible from a street or alley by means of a driveway having a minimum width of ten feet.

('65 Code, § 9-3.1606) (Ord. 956, passed - - ; Am. Ord. 248-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95) Penalty, see § 153.999

(A) A plan of the required parking spaces and driveway requirements shall be submitted to the Community Development Director at the time of the application for any building permit. Such plan shall be fully dimensioned, showing the required number of parking spaces and the required ingress and egress.

(B) Where two driveways, when permitted, are provided, each shall be clearly marked as to the direction of ingress and egress.

(C) Any structure or open parking area containing space for five or more automobiles shall be provided with suitable maneuvering room to permit all vehicles contained therein to enter the abutting street in a forward direction.

(D) The required front yard in any residential zone shall not be hard-surfaced or utilized for access or maneuvering purposes to any garage, carport, or parking space, other than for the required driveway as provided in § 153.221.

('65 Code, § 9-3.1607) (Ord. 956, passed - - ) Penalty, see § 153.999

All off-street parking areas, whether or not required by this title, and all automobile, boat, truck, and trailer sales areas, shall be improved as follows:

(A) Surfacing. All off-street parking areas and driveways shall be improved with surfacing materials as specified by the Community Development Director, and shall be maintained in good condition. Parking lot paving should be a balance of permeable and impermeable materials. Asphalt or concrete (impermeable) paving should be used in high volume or drive aisle traffic areas whereas permeable paving may be used in parking stalls. To best take advantage of the permeable paving, parking lots should slope to drain to the perimeter permeable paving. Bioswales or infiltration planters should be located adjacent to the permeable parking stalls to capture and filter runoff that is not infiltrated into the permeable paving. Curb alternatives allow for water to access the swales and planters beyond.

(B) Drainage. All off-street parking areas shall have adequate grading and drainage consistent with the Los Angeles County National Pollutant Discharge Elimination System (NPDES) permit and subject to the approval of the Community Development Director.

(C) Dimensions.

(1) Standard space. Each standard parking space shall have minimum dimensions of nine feet wide by 20 feet long.

(2) Compact space. Each compact car parking space shall have minimum dimensions of eight feet wide by 15 feet long.

Each parking space shall be clearly marked by paint or some other easily distinguishable material, and shall be maintained at all times.

(D) Screening. Through the review of development applications, the Community Development Director or Planning Commission may require that a solid masonry wall be provided along lot lines abutting parking areas to protect adjacent properties and uses from adverse noise, light and glare, and similar effects.

(E) Lighting. Parking area lighting shall be arranged to reflect away from adjoining uses and to avoid creating nuisance effects on adjacent roadways.

(Ord. 455-C.S., passed 11-21-95; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 153.999

Required parking spaces for other than residential buildings and uses shall be provided as follows:

(A) On the same lot with the building being served; or

(B) On a contiguous lot, or a lot within 500 feet of the building or use being served, if a legally acceptable covenant is executed and recorded to guarantee the maintenance of the required spaces. The 500-foot distance shall be measured from the primary entrance of the use leasing the parking to the edge of the parking lot being leased. ('65 Code, § 9-3.1609) (Ord. 956, passed - - ; Am. Ord. 455-C.S., passed 11-21-95; Am. Ord. 589 C.S., passed 2-1-11) Penalty, see § 153.999

Landscaping of outdoor surface parking areas consisting of five or more stalls shall be provided and maintained according to the general standards of this section. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations.

(A) Landscape area required . A minimum of 8% of any parking lot area shall be landscaped.

(B) Minimum planter dimension . No landscape planter that is to be counted toward the required landscape area shall be less than five feet in any horizontal dimension. The horizontal dimension is measured to the edge of the landscaped area and does not include curbing.

(C) Layout . Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot should drain to the landscaped areas. Parking lot landscaping may be provided in any combination of:

(1) Landscaped planting strips at least five feet wide between rows of parking stalls;

(2) Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

(3) A landscaped island at least five feet in all interior dimensions and containing at least one 15-gallon-size or larger tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls;

(4) On-site landscaping at the parking lot perimeter; and

(5) Curb cuts in landscape areas to allow for stormwater infiltration into the planter area.

FIGURE 153.226-(C): PARKING LOT, LANDSCAPE LAYOUT

(D) Landscaped buffer for open parking adjacent to right-of-way . A landscaped area at least five feet wide shall be provided between any surface parking area containing five or more stalls and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site. Landscape buffer shall contain at least one tree per 25 lineal feet. Parking lot shall drain to landscaped buffer. Curb cuts at the landscape buffer will allow for stormwater infiltration into the planted buffer.

(E) Landscaped buffer for open parking abutting interior lot line .

(1) Adjacent to residential districts . A landscaped area at least ten feet wide shall be provided between any surface parking area and any adjacent lot in a residential zoning district for the length of the parking area. The landscape buffer shall contain at least one tree per 25 lineal feet. Parking lot shall drain to landscaped buffer. Curb cuts at the landscape buffer will allow for stormwater infiltration into the planted buffer.

A landscaped area at least ten feet wide shall be provided between any surface parking area and any adjacent lot in a residential zoning district for the length of the parking area. The landscape buffer shall contain at least one tree per 25 lineal feet. Parking lot shall drain to landscaped buffer. Curb cuts at the landscape buffer will allow for stormwater infiltration into the planted buffer.

(2) Adjacent to nonresidential districts . A landscaped area at least five feet wide shall be provided between any surface parking area and any adjacent lot in a nonresidential zoning district for the length of the parking area. The landscape buffer shall contain at least one tree per 25 lineal feet. Parking lot shall drain to landscaped buffer. Curb cuts at the landscape buffer will allow for stormwater infiltration into the planted buffer.

FIGURE 153.226 (E): PARKING LANDSCAPE BUFFER

(F) Landscaped buffer for parking structures . A parking structure that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level must provide a landscaped area at least ten feet wide between the parking structure and a public street. Runoff from parking structure roof is to be directed to a vegetated swale or arroyo for treatment and infiltration.

(G) Parking structure rooftop planting . Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor. The landscaping plan for the project shall include an irrigation plan for the rooftop planting.

• (H) Trees . Trees shall be provided in surface parking lots in accordance with the following:

• (1) Number required . One for each six parking spaces.

• (2) Distribution . Trees shall be distributed relatively evenly throughout the parking area.

• (3) Species . Tree species shall be selected from a list maintained by the Planning Division. A minimum of 50% of trees shall be of an evergreen type.

• (4) Size . All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.

• (5) Minimum planter size . Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

(I) Protection of vegetation .

• (1) Clearance from vehicles . All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

• (2) Planters . All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

FIGURE 153.226-(I): PROTECTION OF VEGETATION

(J) Visibility and clearance . Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.

• (K) Screening . Parking areas shall be screened from view from public streets according to any one of the following standards:

• (1) Walls . Low-profile decorative masonry walls between 24 inches and 30 inches in height placed approximately in the center of the planting area parallel to the street.

• (2) Planting . Plant materials consisting of compact evergreen plants that form a three foot high opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.

• (3) Berms . Berms with a height of three to four feet planted with low-growing plant materials.

FIGURE 153.226-(K): PARKING AREA SCREENING

(L) Stormwater management.

(1) For all parking lots subject to this section, site drainage should be directed toward landscaped areas to the greatest extent feasible. This should be facilitated by breaks in required curbing and other methods to allow stormwater runoff to enter landscaped areas. Landscaped islands and landscaped buffers as described above may be designed to capture stormwater runoff. Other site landscaping may also be designed to capture stormwater from paved areas, and landscaped filter strips may be incorporated into paving solutions, as described in § 153.224. The landscape areas shall allow water to percolate or otherwise drain.

(2) Parking lots with 5,000 square feet or more of surface area or with 25 or more parking spaces are subject to the NPDES permit, and are required to incorporate stormwater management best practices as directed in § 153.132.

('65 Code, § 9-3.1610) (Ord. 142-C.S., passed - - ; Am. Ord. 248-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 153.999

(A) The City Council shall have the authority to establish special parking districts, whereby such districts have unique parking requirements and development standards, in locations where the Council deems such special districts are necessary and appropriate to preserve the character of an area, to provide for adequate vehicular and pedestrian circulation, to further the goals of the general plan, and to respond to unique circumstances which make the parking requirements of this subchapter difficult to apply. (B) Such special districts shall be established by ordinance.

• (C) In-lieu fees. If a parking assessment district has been established, a fee may be paid to the city in lieu of providing required parking within the district.

• (1) In-lieu fee amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council.

• (2) Use of funds. In-lieu fees shall be used for programs to reduce parking impacts including, but not limited to, the costs of any of the following:

• (a) Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the parking assessment district;

• (b) Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located;

(c) Transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride-sharing and transit use; and

(d) Transportation system management projects.

(Ord. 455-C.S., passed 11-21-95; Am. Ord. 608-C.S., passed 5-10-14)

(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

VALET PARKING. The process by which a patron’s vehicle is stored in a private parking area for storage and subsequent retrieval upon the patron’s demand. No use of the public right-of-way for vehicle storage or staging is permitted.

(B) Permits. The City Engineer shall issue permits for valet loading zones on private or public property. The Engineer shall review information provided by the applicant on forms designed by the city. The applicant shall provide such information as may be required to make a determination that the design of the loading zone is safe for patrons and does not impede the customary use of the parking lot.

(C) Appeals. Appeals from the determination of the City Engineer may be made in writing to the Community Development Director.

(Ord. 589 C.S., passed 2-1-11)

The standards of this section apply to all new development and changes in use, expansion of a use, or expansion of floor area which create an increase of 10% or more in the number of required parking spaces. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations.

(A) Short-term bicycle parking . Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

(1) Parking spaces required . For the following uses, the number of short-term bicycle parking spaces shall be at least 10% of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment.

(a) Multi-family residential.

(b) All uses listed under the Public Assembly and Community Uses classification in the parking requirement table in § 153.220 except cemeteries.

(c) All uses in the Commercial Uses - Retail and Service classification.

(2) Location . Short-term bicycle parking must be located outside of the public right of way and pedestrian walkways and within 50 feet of a main entrance to the building it serves. (a) Exceptions . Bicycle parking may be located more than 50 feet from the main entrance or within the public right-of-way subject to the review and approval of the Community Development Director. Where bicycle parking is provided within the public right-of-way, an unobstructed sidewalk clearance of six feet shall be maintained for pedestrians at all times.

(3) Anchoring and security . For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces. (4) Size and accessibility . Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways, at least five feet from vehicle parking spaces, and at least six feet from the public right of way. FIGURE 153.229-(A): SHORT-TERM BICYCLE PARKING

(B) Long-term bicycle parking . Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

(1) Parking spaces required. (a) Residential uses . A minimum of one long-term bicycle parking space shall be provided for every four units for multi-unit residential and group residential projects. (b) Other uses . Any project or development with over 3,000 square feet of gross floor area shall provide long-term bicycle parking at a minimum ratio of one space per 20 vehicle spaces. (c) Parking structures . Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces. (2) Location . Long-term bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the parking garage. (3) Covered spaces . At least 50% of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. (4) Security . Long-term bicycle parking must be in: (a) An enclosed bicycle locker; (b) A fenced, covered, locked or guarded bicycle storage area;

(c) A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or (d) Other secure area approved by the Director. (5) Size and accessibility . Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces. (Ord. 608-C.S., passed 5-10-14)

CONDITIONAL USE PERMITS

(A) Conditionally permitted uses. The following uses, and all matters directly related thereto, are hereby declared to be conditionally permitted use in all zones except the C-1, C-3, and M-1 zones. With respect to the C-1, C-3, and M-1 zones, §§ 153.151 and 153.162 shall govern conditionally permitted uses in these zones. (1) Churches; (2) Mortuaries; (3) Heliports; (4) Establishments or enterprises involving large assemblages of people or automobiles, including open-air theaters; (5) Educational uses and their necessary facilities; (6) Civic and social clubs, libraries, museums, and other similar or semipublic institutions, including hospitals, but not including mental or communicable disease or veterinary hospitals; (7) Licensed family care homes, foster homes, or group homes serving mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst. Code § 5116; and (8) Game arcades; (B) General zone uses. Conditional uses may be permitted by the Council in zones from which they are prohibited by the provisions of this chapter where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the comprehensive General Plan of land use. (C) R-1 Zone dwellings. Notwithstanding any other provision of this chapter, where a lot in the R-1 Zone has an area of 13,000 square feet or more with adequate provisions for ingress and egress, a conditional use permit may be granted by the Commission for the construction of additional one-family dwellings and allowable accessory buildings; provided, however, the minimum site area shall be 6,500 square feet of lot area for each one-family dwelling. ('65 Code, § 9-3.1701) (Ord. 556, passed - - ; Am. Ord. 236-C.S., passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 297-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95; Am. Ord. 709, passed 7-2-24) Penalty, see § 153.999

(A) Applications required. No conditional use shall be permitted without the issuance of a conditional use permit following the submission of an application therefor in accordance with this subchapter.

(B) Form. Applications for conditional use permits shall be made in writing to the Community Development Director in such form as is approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete.

(C) City files. Conditional use permit applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and copies of all notices and actions pertaining to the application shall be attached thereto.

(D) Fees. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1702) (Ord. 556, passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

In addition to the other requirements pertaining to conditional use permits, the following provisions shall apply to applications for a massage establishment: (A) The application shall include a detailed floor plan drawn to scale showing: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs. The floor plan shall be in feet and inches and be labeled in English.

(B) Unless a massage establishment has a valid conditional use permit prior to April 18, 2017, no massage establishment shall be located:

(1) Within 1,000 feet of another massage establishment; or

(2) Within 150 feet of the following zones: Single-Family Residence Zones (R-1), Limited Two-Family Residence Zones (R-1A); Low Density Multiple-Family Residence Zones (R-2), Multiple-Family Residence Zones (R-3), Residential Neighborhood Conservation Zones (RN/C), Villa Residential (R-1V), Grapevine Residential (R-2G), and Arroyo Residential (R-3A).

(3) The distance requirements set forth in divisions (B)(1) and (2) above shall not apply to a massage establishment located within a hotel or to any massage business that is subject to a complete or partial exception pursuant to § 122.03 of this code.

(C) An application for a conditional use permit shall not be deemed complete until the owners and any identified manager(s) have obtained an operator permit. (Ord. 619-C.S., passed 4-21-15; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17)

(A) Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public gearing in the manner required by Cal Gov't Code § 65091.

(B) The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith.

('65 Code, § 9-3.1704) (Ord. 556, passed - - ; Am. Ord. 615, passed - - )

The Commission shall cause to be made by its own members, or a member of its staff, such investigations of the facts bearing on such application as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter. ('65 Code, § 9-3.1705) (Ord. 556, passed - - )

The public hearings provided for in this subchapter shall be held before the Commission at any time or place for which public notice has been given as required by Cal. Gov't Code §§ 65905 and 65091. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided the Commissioner presiding at such hearing, prior to the adjournment or recess thereof, announces the time and place to which such hearing will be continued. ('65 Code, § 9-3.1706) (Ord. 556, passed - - )

(A) Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the findings of fact upon which the decision was based.

• (B) The Commission may approve an application for a conditional use permit either with or without conditions, if it finds all of the following:

• (1) That the proposed use is consistent with the General Plan;

• (2) That the site is adequate in size, shape, topography, and location to accommodate the proposed use;

• (3) That there will be adequate street access to and from the site for the proposed use, and the proposed use will not create hazardous traffic conditions;

• (4) That the proposed use is compatible with surrounding properties and uses; and

• (5) That the proposed use is not detrimental to the public health, safety, or general welfare.

('65 Code, § 9-3.1707) (Ord. 556, passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

Decisions of the Planning Commission may be appealed to the City Council as specified in § 153.004 of this code. The City Council shall use the same criteria as set forth in § 153.246 in rendering its decision.

(Ord. 526-C.S., passed 7-16-02)

Conditional use permits, which may be assigned, shall become null and void and of no effect if the applicant does not proceed with the actual construction work in accordance with the approved plans within six months after the date the permit is granted, unless an extension therefor has been granted by the Commission, or by the Council if the permit was granted by the Council after denial by the Commission, upon the written petition of the applicant for such extension filed before the expiration of such six months period. A fee shall be paid to the city upon the filing of each petition for an extension in an amount established by the City Council, from time to time, by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter.

('65 Code, § 9-3.1709) (Ord. 556, passed - - ; Am. Ord. 681, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 307-C.S., passed - - )

VARIANCES

When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter occur through a strict interpretation of the provisions of this chapter, or upon the verified application of any property owner or contract purchaser in escrow, shall, in specific cases, initiate proceedings for the granting of a variance from the provisions of this chapter under such conditions as may be deemed necessary to assure that the spirit and purposes of this chapter will be observed, public safety and welfare secured, and substantial justice done. All acts of the Commission pursuant to the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases, as provided in this subchapter, and shall not be construed as amendments to the provisions of this chapter or to the map adopted by the provisions of this chapter.

('65 Code, § 9-3.1801) (Ord. 556, passed - - )

Before a variance may be granted, the following findings must be made:

(A) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance would deprive such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

(B) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

(C) That the granting of a variance will not result in material damage or prejudice to other property nor be detrimental to the public welfare or injurious to persons in the vicinity thereof;

(D) That the granting of such variance is consistent with the General Plan of the City;

(E) That the variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning for the property for which the variance is sought. ('65 Code, § 9-3.1802) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

(A) Form. Applications for variances shall be made in writing to the Community Development Department in such form as is approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and copies of all notices and actions pertaining to the application shall be attached thereto.

(B) Criteria. The application or motion for a variance shall set forth in detail such facts as, in the opinion of the applicant or Commission, pertain to § 153.261.

(C) Fee. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1803) (Ord. 556, passed - - ; Am. Ord. 197-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

The application required by the provisions of this subchapter shall be accompanied by a statement of the provisions of this chapter from which such property is sought to be excepted.

('65 Code, § 9-3.1804) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

(A) Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public gearing in the manner required by Cal Gov't Code § 65091.

(B) The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith. ('65 Code, § 9-3.1805) (Ord. 556, passed - - ; Am. Ord. 615, passed - - )

The Commission shall cause to be made by its own members, or a member of its staff, such investigations of the facts bearing on such application as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter. ('65 Code, § 9-3.1806) (Ord. 556, passed - - )

The public hearings provided for in this subchapter shall be held before the Commission at any time or place for which public notice has been given as required by Cal. Gov't Code §§ 65905 and 65091. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided the Commissioner presiding at such hearing, prior to the adjournment or recess thereof, announces the time and place to which such hearing will be continued. ('65 Code, § 9-3.1807) (Ord. 556, passed - - )

Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the finding of fact upon which the decision was based. ('65 Code, § 9-3.1808) (Ord. 556, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

Decisions of the Planning Commission may be appealed to the City Council in the time and manner specified in § 153.004 of this Code. The City Council shall use the same criteria as set forth in § 153.261 in rendering its decision.

('65 Code, § 9-3.1809) (Ord. 556, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 800, passed -- ; Am. Ord. 910, passed - -; Am. Ord. 526-C.S., passed 7-16-02)

Variances, which may be assigned, shall become null and void and of no effect if the applicant does not proceed with the actual construction work in accordance with the approved plans within six months from the date the variance is granted unless an extension therefor has been granted by the Commission, or by the Council if the variance was granted by the Council after denial by the Commission, upon the written petition of the applicant for such extension filed before the expiration of the said six months period. A fee shall be paid to the city upon the filing of each petition for an extension in an amount established by the City Council, from time to time, by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter.

('65 Code, § 9-3.1810) (Ord. 556, passed - - ; Am. Ord. 681, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 307-C.S., passed - - )

PLANNED DEVELOPMENT OVERLAY ZONE (P-D)

A Planned Development Overlay Zone (P-D) shall be created in the same manner as property is reclassified from one zone to another within the city as set forth in §§ 153.470 through 153.475. When a Planned Development Overlay Zone has been so created, it shall be designated upon the zoning map of the city as an overlay zone by adding the parenthetically enclosed letters “P-D” after the zoning symbol, indicating the zone in which the subject property is included. ('65 Code, §9-3.2301) (Ord. 247-C.S., passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

The minimum area for a Planned Development provisional plan, which does not fully comply with the development standards of the underlying zone, shall be one acre. Projects of less than one acre shall be subject to the procedures contained in this subchapter, but shall not be eligible for consideration of relief from the underlying development standards except by variance application.

('65 Code, § 9-3.2302) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - - ) Penalty, see § 153.999

A Planned Development Zone may be established where:

(A) A proposal for a large-scale development (one acre or larger) makes it desirable to apply regulations more flexible than those applicable to other zones in this chapter; (B) It has been determined that specific corridors within the city should be designated as Planned Development Overlay Zones so as to insure the orderly and compatible development of those identified corridors.

('65 Code, § 9-3.2303) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - - )

Any use permitted in any R, C, or M Zone may be permitted in a Planned Development Overlay Zone (P-D) subject to the regulations set forth in this subchapter. No person shall construct or maintain any building or structure for use on any lot in a Planned Development Overlay Zone unless:

(A) Such building, structure, or use is constructed or maintained pursuant to the regulations applicable to such lot by reason of its underlying zone classification; or (B) Compliance is had with the provisions of this subchapter.

('65 Code, § 9-3.2304) (Ord. 247-C.S., passed - - ) Penalty, see § 153.999

(A) Where the city desires to specify corridors of the city for inclusion as Planned Development Overlay Zones, such designation may be placed on the properties after compliance with the procedure set forth in §§ 153.470 through 153.475 . In such cases of city-initiated zone changes to specify Planned Development Overlay Zones, a precise plan shall be submitted by the applicant at the time permission to build or remodel structures on property included in a Planned Development Overlay Zone is sought. In cityinitiated zone change cases a provisional plan is not required.

(B) For large scale projects of over one acre in size, an application for a change of classification to a Planned Development Overlay Zone (P-D) shall be accompanied by a provisional plan showing the site purposed for the development, the character and use of adjoining property, the general size, location, and use of all proposed buildings and structures to be placed on the site, and the location and dimensions of streets, parking areas, open areas, and other public and private facilities and uses. ('65 Code, § 9-3.2305) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - -; Am. Ord. 548-C.S., passed 8-15-06 ) Penalty, see § 153.999

(A) The change of classification shall be determined pursuant to the procedure set forth in §§ 153.470 through 153.475, and the provisional plan, where applicable, shall be merged with the Planned Development Overlay Zone (P-D) for the particular property so classified. A provisional plan which does not conform to the standard of development for the R, C, or M zones may be approved for projects of one acre or larger when such plan fulfills the purposes of a Planned Development Overlay Zone. A change in the provisional plan enacted with a Planned Development Overlay Zone shall constitute a reclassification of the property, and such change shall be determined pursuant to the procedure for zoning amendments.

(B) No development of the subject site shall begin and no building permit shall be issued for any property located in a Planned Development Overlay Zone until a precise plan of development has been approved by the Planning Commission and/or City Council as set forth in this subchapter. The precise plan shall substantially conform to any provisional plan required by this chapter.

('65 Code, § 9-3.2306) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - -; Am. Ord. 548-C.S., passed 8-15-06 )

(A) Application; filing, form and fees. The application for the approval of a precise plan shall be filed with the Community Development Department on a form furnished by the city and shall be accompanied by a fee in the amount set by resolution of the Council. The City shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete.

(B) Hearing; notice. The provisions of §§ 153.241 through 153.243 shall apply to applications filed pursuant to division (A) of this section. ('65 Code, § 9-3.2308)

(C) Hearing. The provisions of § 153.245 shall apply to applications filed pursuant to division (A) of this section. ('65 Code, § 9-3.2309)

(D) Decision. Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the finding of fact upon which the decision was based.

(E) Appeal. Decisions of the Planning Commission may be appealed to the City Council in the time and manner specified in § 153.004 of this code.

(F) Approval; revocation.

(1) Upon a recommendation by the Community Development Director, the body which granted the final approval of a precise plan shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:

(a) That the approval was obtained by fraud; or

(b) That the precise plan is being implemented contrary to any condition imposed upon the approval of the plan or in violation of any law.

• (2) If the revocation hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2312)

(G) Expiration. Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is specified, if the permit is not exercised within one year after the date the approval becomes final; provided, however, if litigation is filed prior to the exercise of such rights attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed, once, for a period of not to exceed one year without a public hearing. ('65 Code, § 9-3.2313)

is filed prior to the exercise of such rights attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed, once, for a period of not to exceed one year without a public hearing. ('65 Code, § 9-3.2313)

(H) Modifications. Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added, provided the granting body shall first conduct a public hearing thereon in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health, and safety, or, in the event of the deletion of such a condition, that such action is necessary to permit reasonable development under the precise plan as approved. If the modification hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2301)

(Ord. 247-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

VALLEY BOULEVARD SPECIFIC PLAN

Under the authority granted by Section 65450 et seq. of the California Government Code, a specific plan is hereby created for the Valley Boulevard Neighborhoods, as defined and described in the Valley Boulevard Specific Plan, as amended on December 18, 2012, the contents of which are incorporated by reference as though fully set forth within this code. The plan shall be designated on the zoning map as “Valley Boulevard Specific Plan.”

(Ord. No. 562-C.S., passed 12-19-06; Am. Ord. 597-C.S., passed 1-15-13; Am. Ord. 615-C.S., passed 1-6-15; Am. Ord. 619-C.S., passed 4-21-15; Am. Ord. 710, passed 10-15-24)

MISSION DISTRICT SPECIFIC PLAN

Under the authority granted by Section 65450 et seq. of the California Government Code, a specific plan is hereby created for the San Gabriel Mission District, as defined and described in the Mission District Specific Plan, the contents of which are incorporated by reference as though fully set forth within this Code. The plan shall be designated on the zoning map as “Mission District Specific Plan.” (Ord. 546-C.S., passed 8-17-04)

MEDICAL FACILITIES ZONE (MF)

A Medical Facilities Zone is hereby established and designated on the Official Zoning Map of the City (hereinafter the MF zone) which shall include the following area as depicted on Exhibit "All attached hereto and incorporated by this reference:

• (A) Those existing Single Family Residence (R-1) zoned parcels commonly known as 516-531 Padilla Street and 121 South Santa Anita Street.

• (B) Those existing Multiple Family Residence (R-3) zoned parcels commonly known as 114-116 De Anza Street and 324 West Las Tunas Drive and 537 West Live Oak.

(C) Those existing Retail Commercial (C-1) zoned parcels commonly known as 330-510 West Las Tunas Drive (south side only), 207-245 South Santa Anita Street and 511521 West Live Oak.

(D) That existing Multiple Family Residence (R-3) /Retail Commercial (C-1) zoned parcel commonly known as 218 South Santa Anita Street. (Ord. 491-C.S., passed 10-6-98)

A use or structure that becomes nonconforming due to the inclusion by a Zone Change to Medical Facilities Zone of the parcel upon which it is located, shall, notwithstanding the provisions of Sections 153.421 and 153.422 of this Title, retain all of the rights, including the rights to remodel and rebuild, and be subject to all of the restrictions applicable to the zone in effect for the use or structure immediately prior to the Zone Change, as said rights and restrictions then exist or may thereafter be amended, until such time as the use is converted to a conforming use or the structure is altered to a conforming structure. Upon such conversion or alteration, the rights and restrictions of the Medical Facilities Zone shall thereafter apply to all structures or uses on the parcel.

(Ord. 491-C.S., passed 10-6-98)

The following uses shall be permitted in the Medical Facilities Zone:

1. Hospitals and convalescent facilities.

2. Medical clinics, medical laboratories and pharmacies.

3. Medical and dental offices and related professional services.

4. Restaurants and retail stores whose merchandise is supplemental to medical care, only when located in a medical office or clinic structure or related parking structure having two or more stories.

5. Parking structures.

6. Nursery schools and daycare centers.

7. Accessory buildings and facilities necessary for the successful functioning of the hospital such as maintenance shops, power plants, etc.

(Ord. 491-C.S., passed 10-6-98)

Buildings in the Medical Facilities Zone shall not be more than seventy (701) feet in height, measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the structure.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, wireless masts, and similar structures may be erected up to ten feet (101) above the height limits set forth in this section, but no penthouse or roof structure or any space above the height limit shall be permitted for the purpose of providing additional floor space. (Ord. 491-C.S., passed 10-6-98)

The minimum building site area in the Medical Facilities Zone shall be 30,000 square feet. (Ord. 491-C.S., passed 10-6-98)

The gross floor area in all buildings shall not exceed three (3) times the gross area of the building site. (Ord. 491-C.S., passed 10-6-98)

In the Medical Facilities Zone, the setback distance from Las Tunas Drive shall be zero (0') feet. The setback distance from all other streets in the zone shall be five (51) feet. The minimum setback distance from any interior side or rear property line when adjoining R-1 zones shall be ten (101) feet, plus five (51) feet for each ten (101) feet or fraction thereof, of gross building height in excess of thirty (301) feet. The minimum setback distance from any interior side or rear property line when adjoining R-3 zones shall be ten (101) feet, plus two (21) feet for each ten (101) feet or fraction thereof, of gross building height in excess of thirty (301) feet. The minimum setback distance from any interior or rear property line when adjoining Medical Facilities or C-1 zones shall be zero (01) feet.

Additionally, buildings with a gross building height in excess of forty (401) feet when adjoining R-1 zones, shall be stepped back from the setback distance required above as follows: Any portion of the building between 41' - 50' in height 10' 51' - 60' in height 20' 61' - 70' in height 30' (Ord. 491-C.S., passed 10-6-98)

In the Medical Facilities Zone, there shall be provided automobile parking space for at least four (4) automobiles for each 1,000 square feet of gross floor area within the building, in conformance with the City of San Gabriel parking standards.

Exception: Hospital parking will be provided on the basis of 1.75 spaces per licensed bed. Required parking may be provided off-site, within the zone. (Ord. 491-C.S., passed 10-6-98)

In the Medical Facilities Zone, six (60%) percent of the gross area of the building site shall be used for landscape areas, of which not more than twenty-five (25%) percent may be used for landscape areas. When abutting an R-1 zone, a landscaped area not less than two (2%) percent of the gross area of the building site shall be provided between any structure and the abutting R-1 property. This two (2%) percent may be included in the six (6%) percent of the overall site landscape requirement. (Ord. 491-C.S., passed 10-6-98)

SIGNS

The purpose of this subchapter is as follows:

(A) To provide minimum standards to safeguard life, health, property, and public welfare by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures;

(B) To encourage signs that are of a quality design, pleasing in appearance, and are appropriate in size, materials and illumination to the type of activity to which they pertain;

(C) To encourage signs that are compatible with the architectural style, characteristics and scale of the buildings to which they may be attached and to encourage signs that are compatible with adjacent buildings and businesses;

(D) To enhance overall property values and the visual environment in the city by discouraging signs which contribute to the visual clutter of the streetscape, such as off-site signs, oversized signs, and excessive temporary signage;

(E) To ensure that commercial signs are designed for the purpose of identifying a business in an attractive and functional manner;

(F) To discourage signs which cause a traffic hazard or interfere with ingress/egress; and

(G) To implement the goals and policies of the General Plan and Municipal Code by enforcement of the regulations contained in this subchapter. ('65 Code, § 9-3.2401) (Ord. 445-C.S., passed 5-16-95)

The city has, therefore, adopted the following policies regarding signage in the city:

(A) Signs shall be limited to the identification of the business and/or product or service being sold or leased on the premises. Logos for national or regional businesses shall be addressed as a special consideration in reviewing compliance with the provisions of this subchapter.

(B) Signage shall be no larger or higher than necessary for adequate identification of the business or building.

(C) Signs shall be designed with minimum copy and crowding.

(D) Signs shall identify a business without interfering with the ability of adjoining businesses to properly identify themselves.

(E) Signs located on the same lot or parcel shall be designed to be harmonious and visually related to other signs on the same lot or parcel as well as the building on rich they are located. This shall be accomplished and enforced by the requirement of a Master Sign Plan for such lots or parcels with multiple businesses and signs. (F) Signs in residential zones shall be designed and located so as to minimize the visual impact on adjoining residential properties. ('65 Code, § 9-3.2402) (Ord. 445-C.S., passed 5-16-95)

The words and phrases, when used in this subchapter, shall have the following meanings:

ABANDONED ADVERTISING DISPLAY. Any display remaining in place or not maintained for a period of 120 days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the display is located.

ABANDONED ADVERTISING STRUCTURE. Any legal or legal nonconforming structure remaining in place or not maintained for a period of 120 days, which no longer.supports an advertising display which advertises or identifies an ongoing business, product, or service available on the business premises where the structure is located. ABATEMENT. The process by which the city requires removal or conformance of signs relating to inoperative or no longer existing businesses, signs that do not conform to the provisions of this subchapter, and illegal signs.

ADVERTISING DISPLAY. All parts of a sign which are not a part of the advertising structure.

ADVERTISING STRUCTURE. Any structure, housing, sign device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which has been designed, constructed, created, engineered, intended or used to advertise, or to provide data or information in the nature of advertising. ALTERATION. Any change in copy, color, size or shape, which changes the appearance of a sign or a change in position, height, location, construction or supporting structure of a sign, except that a copy change on a changeable copy sign is not an alteration. ANIMATED SIGN. Any sign which has any visible moving part, flashing lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means. ATTACHED SIGN. Any sign which is permanently affixed to a building, except a painted sign. AWNING. A shelter projecting from the exterior wall of a building and constructed of nonrigid materials except for the supporting framework. BALLOON SIGN. A lighter-than-air or gas-filled balloon tethered to a fixed location. BANNER SIGN. A nonpermanent sign composed of fabric, pliable plastic, paper, or other non- metallic light material not enclosed in a rigid frame. BUILDING FACADE. All windows, doors, and wall areas of a building in one plane or elevation. BUILDING FRONTAGE. The linear frontage of the width of a building facing on a principal street. Where a building faces two or more streets, the frontage, containing the principal street address shall be designated as the building frontage. BUILDING IDENTIFICATION SIGN. A sign on which copy is limited to the name and address of a building or institution. BUSINESS IDENTIFICATION SIGN. An on-site sign which serves to identify only the name and lawful use of individual businesses and sets forth no other advertisement. CAN SIGN. A sign with advertising copy within a rigid frame, whether illuminated or not. CANOPY. A fixed shelter of any material and of any length, projecting from and connected to a building and/or columns and/or posts from the ground, or supported by a frame extending from the ground. CHANGEABLE COPY SIGN. A sign in which at least 50% of the sign area is designed to be used with removable graphics to allow the changing of copy. § 153.322 Zoning Code § 153.322 CHANNEL LETTERS. Three dimensional individual letters or figures, illuminated or non- illuminated, which are fixed to a building or freestanding sign structure. CIVIC EVENT SIGN. A sign posted to advertise, identify or provide direction to a civic or charitable event sponsored by the city, a school, church, civic-fraternal organization or similar noncommercial organization. CONSTRUCTION SIGN. A temporary sign which identifies the future occupant, purpose for which the building is proposed, and the names, addresses and telephone numbers of those individuals' or businesses directly participating in construction on the property on which the sign is located. CONVENIENCE SIGN. A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business. DIRECTIONAL SIGN. A sign designed to guide or direct pedestrian and/or vehicular traffic and which is non-advertising in nature. DIRECTORY SIGN. A single sign that identifies two or more businesses on a site. DOUBLE-FACED SIGN. A sign which has two identical display surfaces back-to-back or against the same background, and in which one face is designed to be seen from one direction and the other from the opposite direction. A double-faced sign shall be considered as one sign for the purposes of this subchapter. ELECTION SIGN. A sign which advertises a candidate for public office, a proposition or other issue to be voted on by the electorate. ELECTRICAL SIGN. A sign or sign structure in which electrical wiring, connections or fixtures are used. EMITTING SIGN. A sign which emits sound, color, or visible matter, such as smoke or steam. ENFORCEMENT OFFICER. The public employee or officer designated by the City Council to perform the enforcement duties imposed by this subchapter and by Cal. Bus. & Prof. Code §§ 5499.1 et seq. EXPOSED NEON SIGN. A gas-filled tubing where the tubing is visible. FLAG SIGN. A sign generally made of flexible material, usually cloth or plastic, of two dimensions that is suspended from a building facade from a pole, supporting rod or wire. FREESTANDING SIGN. A sign which is permanently affixed in or upon the ground on a base and is not attached to nor a part of a building. GENERIC ADVERTISING. The name of brand goods, products or services which by nature of the name indicates the type of use or businesses connected with the advertising. GRADE. The ground level directly below a sign or immediately adjacent to its base or support. Where the ground level has been artificially raised for landscaping or other purposes, grade shall be measured from the level of the nearest curb of a public street.

brand goods, products or services which by nature of the name indicates the type of use or businesses connected with the advertising. GRADE. The ground level directly below a sign or immediately adjacent to its base or support. Where the ground level has been artificially raised for landscaping or other purposes, grade shall be measured from the level of the nearest curb of a public street.

GRAPHIC. A painted area which does not advertise any business, goods or service and which covers all or a major portion of a wall, building facade or structure, and shall be considered as an architectural embellishment and/or mural. GRAPHIC SIGN. An illustration which is intended to portray a business or service without the use of words. HEIGHT. The vertical distance from the grade to the top of the sign's highest element, including any structural element. HOLIDAY DECORATION SIGN. A sign or display, including lighting, which is a nonpermanent installation celebrating national, state and/or local holidays or holiday seasons. ILLEGAL ON-PREMISES ADVERTISING DISPLAY. An on-premises advertising display and connecting advertising structure which: (1) Was erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; or (2) Was legally erected, but the use of which has ceased, or the structure upon which the display is placed has been abandoned by its owner, is substantially deteriorated, or not used to identify or advertise an ongoing business for a period of not less than 120 days; or

without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; or (2) Was legally erected, but the use of which has ceased, or the structure upon which the display is placed has been abandoned by its owner, is substantially deteriorated, or not used to identify or advertise an ongoing business for a period of not less than 120 days; or

(3) Was legally erected, but which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished; or (4) Is a danger to the public or is unsafe; or (5) Is a traffic hazard. ILLUMINATED SIGN. A sign for which an artificial source of light is used in order to make the sign's message readable, including internally and externally lighted signs and reflectorized, glowing or radiating signs. LEGAL NONCONFORMING SIGN. A sign which was legally installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the later enacted provisions of an ordinance. LOGO. A trademark or company name or symbol identifying the business or service provided and which may be all or part of a sign. MARQUEE. A permanent, projecting roof structure attached to and supported by a building wall, which may project over a public right-of-way. MARQUEE SIGN. A sign painted on or attached to or supported by a marquee. MASTER SIGN PLAN. A coordinated program of signage for multiple establishments. MONUMENT SIGN. A low-profile freestanding sign with a solid base on the ground of approximately the same dimension as the height of the sign, and which is designed to incorporate design and building materials which complement the architectural theme of the buildings on the premises. MURAL. A picture on an exterior surface of a structure that does not pertain to any business, product or service. NAMEPLATE. A nonelectric, on-premises identification sign which contains only the name and address of an occupant or group of occupants of a property. NEON SIGN. A sign with tubing that is internally illuminated by neon or other electrically charged gas. OFF-PREMISES ADVERTISING DISPLAY. Any advertising display used or intended to advertise any establishment, product, business, goods or service not available on the premises where the display is located. ON-PREMISES ADVERTISING DISPLAY. An advertising display for any of the following purposes: (1) To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the advertising display is located; or (2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale upon the property where the advertising display has been lawfully erected. PAINTED SIGN. A sign which is painted directly onto a building or structure. PENNANT. A device generally made of flexible materials, such as cloth, paper or plastic, which may not contain copy and which is primarily intended to draw attention. POLE SIGN. A sign which is elevated from the ground by a pole or other narrow structure and not supported or attached to any building or structure. POLITICAL SIGN. A sign advocating any political idea or measure which is to be voted on by the electorate. PORTABLE SIGN. A sign which is capable of being carried or readily moved from one location to another and which is not permanent in nature. Such signs include, but are not limited to: A-frame signs, sandwich board signs, signs on wheels, and signs which lean onto a stationary object, building or structure. PROJECTING SIGN. A sign, excluding roof signs, attached to, supported by, or suspended from any part of a building or structure and projecting more than 12 inches therefrom. REAL ESTATE SIGN. A temporary sign which advertises the sale, lease, rental, or other disposition of the property upon which it is located. ROOF SIGN. A sign erected upon a roof or above the parapet wall of a building and which is wholly or partially supported by said building. SIGN. Any object or device which is designed, intended, used or located so as to be visible by the public from outdoors for the purpose of advertising the property, establishment or enterprise, including goods and services, upon which the sign is located. This definition shall include all parts, portions, frame, background, structure, support and anchorage thereof. SIGN AREA. The entire area within a single continuous perimeter composed of a square or a rectangle which encloses the extreme limits of the advertising message, announcement, display, logo, picture or any figure of a similar nature, together with any frame, background area of sign, structural trim, or other material, color, or condition which forms an integral part of the display, excluding the necessary supports, architectural accouterments, or uprights on which sign is placed. SIGN COPY. Any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign. SIGN STRUCTURE. A structure of any kind or character erected or maintained for advertising purposes on which any sign, billboard, poster, bill, printing, painting, or other advertisement of any kind may be placed. SITE. All of the contiguous ground area which has been legally assembled into one development location. STREET FRONTAGE. The linear dimension of a lot or parcel of land along or fronting upon a street or streets. SPECIAL EVENT SIGN. Any temporary or nonpermanent sign which advertises or pertains to any civic, patriotic or special event of general public interest. SUBDIVISION IDENTIFICATION SIGN. A freestanding or wall sign which is permanent and identifies a recognized subdivision, condominium complex or residential development. SUBDUED LIGHTING. A light intensity, whether from internal or external illumination, of not greater than 75 foot lambert when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. TEMPORARY SIGN. A sign which is nonpermanent and is intended to be displayed for a peri

m complex or residential development. SUBDUED LIGHTING. A light intensity, whether from internal or external illumination, of not greater than 75 foot lambert when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. TEMPORARY SIGN. A sign which is nonpermanent and is intended to be displayed for a peri

m complex or residential development. SUBDUED LIGHTING. A light intensity, whether from internal or external illumination, of not greater than 75 foot lambert when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. TEMPORARY SIGN. A sign which is nonpermanent and is intended to be displayed for a period of time not to exceed 90 days. TOTAL SIGN AREA. The combined permitted and permanent sign areas of all signs on any one lot, site, building, structure or other premises, excluding the area of signs specifically exempted from the provisions of this subchapter. TRIM. Any molding, battens, capping, matting strips, latticing, or platforms which may be attached to a sign or sign structure. UNDER CANOPY SIGN. A sign which is suspended beneath a canopy, marquee, ceiling, roof or eave. VEHICLE. A sign placed on a vehicle or trailer which is parked or located for the primary purpose of displaying said sign. This does not apply to portable signs or signs or lettering on buses, taxis or vehicles operating during the normal course of business. WALL SIGN. A single-faced sign attached to and parallel to the building facade. WINDOW SIGN. A sign installed inside or on a window and intended to be viewed from the outside.

('65 Code, § 9-3.2403) (Ord. 445-C.S., passed 5-16-95)

(A) Sign permit required. A sign permit shall be obtained prior to the painting, erecting, constructing, reconstructing, relocating or altering of any sign or sign copy, for all signs other than, those prohibited and those specifically exempt. Building permits and/or electrical permits shall also be obtained in accordance with the Building and/or Electrical Code. (B) Permit application. Unless otherwise provided for in this subchapter, application for a sign permit shall be made to the Community Development Department on forms provided and shall be accompanied by three complete sets of the following material:

(1) Site plan. Dimensioned, scaled site plan at a scale of not less than " = 1', indicating the location of existing signs to be retained and all new signs; and

(2) Building elevations. Scaled drawing at a scale of not less than " = 1", indicating locations of all existing signs to be retained or removed and locations of proposed signs; (3) Sign illustration. Scaled drawing at a scale of not less than " = 1', indicating dimensions, colors, material, copy, illumination, and exterior structural features of each sign on the site; (4) Color photographs. Color photographs of the building facade(s) of the building or unit where the sign(s) are proposed to be located, except in any new construction. Photographs shall also be submitted after the sign(s) have been installed and before the permit is finalized.

(5) Change of sign copy. For a change of sign copy, only a sign illustration shall be required.

(6) Other information. Such other information as the Community Development Director may require to determine compliance with this subchapter.

(C) Review of and action on sign permit applications. The Community Development Director shall review sign permit applications for compliance with the provisions of this subchapter and the General Plan and shall approve, conditionally approve, or deny the sign permit application. Approval of the sign permit application does not imply approval by the Building Division of a building permit for the sign(s). For any development project requiring a variance, conditional use permit, precise plan of design, or other discretionary approval by the Design Review Committee, the Planning Commission or the City Council, the sign permit application, if appropriate, shall be reviewed and approved, conditionally approved or disapproved by such body in conjunction with such consideration.

(D) Appeals. Any decision of the Community Development Director, staff or the Design Review Commission made pursuant to this subchapter on signs may be appealed directly to the City Council within the time and in the manner as set forth in § 153.004 of this Code.

(E) Time for exercising sign permit. A sign permit shall expire and become null and void if the work authorized by such sign permit has not commenced within 180 days of the date of issuance of the sign permit. (F) Building permit required. In addition to a sign permit issued by the Community Development Department, a building permit shall be obtained when required under the Building Code.

(G) Fees. City Council may adopt fees by resolution for permit applications.

(H) Revocation. The Community Development Director may revoke any sign permit issued pursuant to §§ 153.320 through 153.334 if the permittee fails to comply with the requirements of these sections or with any conditions of approval. Prior to revoking the permit, the Director shall provide the permittee a written notice of non-compliance. The permittee shall have a right to appeal the notice of revocation to the City Council pursuant to § 153.004.

('65 Code, § 9-3.2404) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 535-C.S., passed 1-20-04)

The following signs shall be permitted in the R-1, R-1A, R-2 and R-3 Zones:

(A) In the R-1 and R-1A Zones, the following signs shall be permitted:

(1) One identification sign per dwelling, not exceeding two square feet in area, containing the name and/or address of the occupant of the premises. No sign permit shall be required. Such identification sign shall not include the name or nature of any home occupation licensed in the dwelling.

(2) One unlighted detached real estate sign per lot. Said sign shall not exceed six square feet in area or six feet in height. “Open house” signage may be placed, provided that: such sign's area does not exceed six square feet; such sign's height does not exceed four feet from grade; such sign remains placed only during those hours when the house advertised thereon is open for inspection without an appointment; and a maximum of one such sign is placed on two major arterial streets, and maximum of one such sign is placed on two local streets, for a maximum of four such signs. No sign permit shall be required for any real estate sign.

(3) A church, synagogue or other religious institution, or an educational institution, may locate one monument sign for each street frontage of at least 75 linear feet, provided that sign's area does not exceed 25 square feet or the sign's height does not exceed six feet, and complies with § 153.325(B). Other signs allowed by this subchapter may be permitted upon review and approval by the Design Review Committee, provided that a conditional use permit has been granted to the institution by the Planning Commission. Changeable copy shall be permitted on said monument or other approved signs.

(4) Freestanding flag poles exceeding 15 feet in height from adjoining grade in the front yard of single family residential units shall be prohibited.

(B) In the R-2 and R-3 Zones, the following signs shall be permitted:

(1) One multi-family complex identification sign shall be permitted. Such sign shall be placed flat against the building wall, mounted on the face of a perimeter wall, or shall be a monument sign not to exceed six feet in height, shall be architecturally compatible with the building, and approved under a precise plan of design. Any illumination shall be limited to subdued external lighting;

(2) One unlighted sign made of solid materials and attached to the front of the building, not to exceed six square feet in area, pertaining to the sale, lease or rental of the building, property or premises upon which it is displayed. Temporary banners advertising the sale or lease of multi-residential units shall be permitted on buildings or developments with five or more units, provided the banner shall not be permitted for more than four months following the issuance of a Certificate of Occupancy by the city. Extensions may be permitted by application to the Community Development Director, providing that the total time, including any extensions, shall not exceed one calendar year; (3) In conjunction with a permitted church, synagogue, hospital, group dwelling, educational or similar institutional facility, two signs for each street frontage, including not more than one monument sign for each street frontage of at least 75 linear feet, are permitted. The total sign area for each frontage shall be limited to 25 square feet, with monument signs limited to six feet in height and shall comply with § 153.325(B). Signs, other than monument signs, allowed by this subchapter may be permitted upon review and approval by the Design Review Committee, provided that a conditional use permit has been granted to the institution by the Planning Commission. Changeable copy shall be permitted on monument or other approved signs with approval by the Design Review Committee. ('65 Code, § 9-3.2405) (Ord. 445-C.S., passed 5-16-95)

The following signs shall be permitted in the C-1, C-3, and M-1 Zones, subject to the standards specified herein:

(A) Building wall signs. Building wall signs, including attached can signs and channel letters and other permitted signs, shall comply with the following standards:

(1) Number. One wall sign for each tenant, separate use or occupancy of a building, unless:

(a) The tenant, separate use, or occupancy has frontage on more street, in which case one additional wall sign fronting on the side street will be permitted.

(b) The tenant, separate use, or occupancy has its principal entrance facing on a parking lot, in which case it is permitted to have a wall sign on the side of the building facing on the parking lot, provided the total area of all signs is within the maximum permitted in division (A)(2) of this section.

(c) The tenant, separate use, or occupancy has an entrance not facing on a parking lot or public thoroughfare, in which case one non-illuminated sign not to exceed three square feet in area shall be permitted, provided the total area of all signs is within the maximum permitted in division (A)(2) of this section.

(d) The single tenant, use, or occupancy has more than 50 linear feet of frontage on a street or parking lot, in which case a second wall sign may be permitted upon approval of the Design Review Committee, provided all other provisions of this subchapter are complied with.

(2) Area. Maximum of 1½ square feet of sign area per linear foot of building frontage. Only frontage facing on a major or secondary thoroughfare shall be considered in calculating permitted area.

(3) Location. Wall signs shall not exceed the height of the building roofline or parapet wall and shall not exceed 70% of the width of the building frontage.

• (4) Projection. Maximum projection of an attached wall sign shall be 12 inches.

• (5) Lighting. If illuminated, such illumination shall not exceed 300 foot lambert.

(6) Painted wall signs. Painted wall signs shall be permitted upon review and approval of the Design Review Committee. All applications for a painted wall sign shall include a rendering by a graphic or other professional artist. Application of a painted wall sign shall be by direct transfer from a 1:1 scale rendering of the approved advertising display copy.

• (7) Can sign. Can signs shall be architecturally compatible with the building.

• (B) Monument signs. Monument signs shall comply with the following standards:

• (1) Number.

(a) One monument sign for each site with a minimum of 75 feet of frontage on a street, unless the property has such frontage on more than one street, in which case one additional monument sign fronting on said side street shall be permitted.

(b) For any site with less than 75 feet of frontage on a street, a monument sign may be permitted by the Planning Commission with a sign variance on recommendation of the Design Review Committee, when the configuration of the site or the location of the building or complex on the site does not allow adequate identification through the use of wall signs or other permitted signs. The maximum area for such monument sign shall be calculated together with all other permitted signs on the site, and the total area shall not exceed the total allowable area for the buildings or complex on the entire site.

(2) Area.

(a) The maximum square footage for a monument sign, including the base and support, is as follows:

(b) Street address number attached to the advertising structure shall not be considered a part of the sign area.

(3) Height. Maximum of six feet.

(4) Location.

(a) All monument signs shall be set back at least 10 feet from interior side lot lines for parcels with up to 100 feet of street frontage, and at least 15 feet from interior side lot lines for parcels with more than 100 feet of street frontage. Criteria for determining the precise location of monument signs shall include, but not be limited to, visibility from the street, proximity to other signs and buildings, frontage and configuration of the site. When located on a corner lot, a monument sign shall not be placed so that it obstructs the view of oncoming traffic from any direction.

(b) All monument signs shall be located within a protective planter, the precise location of which shall be subject to approval of the Community Development Director. Planter areas shall be adjacent to and proportionally surround the base of the monument sign. The planter areas shall be a minimum of four times the area of the sign base or 25 square feet, whichever is greater.

(5) Street address. All monument signs shall contain a street address. Street address numbers, proportional in size to other copy, shall not be considered a part of the advertising display for purposes of calculating copy area.

(6) Design guidelines. The exterior finish of a monument sign shall be architecturally compatible with the building design and materials. The advertising display area of all monument signs shall be surrounded with a decorative feature, e.g., molding, which is architecturally compatible with the sign and building design.

(7) Lighting. Illumination shall not exceed 300 foot lambert. If external floodlights are used, they shall be shielded so as to prevent excessive glare;

(C) Freestanding signs. Freestanding signs, other than monument signs, shall comply with the following standards:

(1) Number. One freestanding sign for each site with a minimum of 75 feet of frontage on a principal street, unless the property has more than 200 feet of street frontage, in which case an additional freestanding sign shall be permitted for each additional 100 feet of street frontage over the initial 100 feet.

(2) Area. The maximum square footage for sign area on a freestanding sign, excluding the supports, is as follows:

(3) Height. Maximum of 15 feet or the height of the tallest building on the site where it is located, whichever is less;

(4) Location. Freestanding signs shall be located a minimum of 15 feet from interior side lot lines, and in a landscaped planter with a minimum of 60 square feet of area in addition to other required landscape areas. Criteria for determining the precise location of freestanding signs shall include, but not be limited to, visibility from the street, proximity to other signs and buildings, frontage and configuration of the site. The minimum separation between freestanding signs on adjoining properties shall be 30 feet.

(5) Street address. All freestanding signs shall contain a street address. Street address numbers, proportional in size to other copy, shall not be considered a part of the advertising display for purposes of calculating copy area.

(6) Lighting. Illumination shall be internal and shall not exceed 300 foot lambert. (7) Design review. The architectural features of all freestanding signs shall be reviewed by the Design Review Committee prior to final approval. (D) Pole signs. Pole signs shall comply with the following standards: (1) Number. One pole sign for each site with a minimum of 75 feet of frontage on a principal street. (2) Area. The maximum square footage for sign area on a pole sign shall be 50 square feet per side. (3) Height. Maximum of 20 feet or the height of the building, whichever is less. (4) Location. Pole signs shall be located a minimum of 15 feet from interior side lot lines. Criteria for determining the precise location of pole signs shall include, but not be limited to, visibility from the street, proximity to other signs and buildings, frontage and configuration of the site. Each pole sign shall have a minimum of 60 square feet of landscaped planter area proportionally surrounding the sign pole, which shall be in addition to any other required landscape areas. (5) Street address. All pole signs shall contain a street address. Street address numbers, proportional in size to other copy, shall not be considered a part of the advertising display for purposes of calculating copy area. (6) Design guidelines. Signs permitted per this section shall comply with any sign design guidelines that may be adopted by the City Council or the Design Review Commission. (7) Lighting. Illumination shall be internal and shall not exceed 300 foot lambert. (8) Design review. All pole signs shall be reviewed and approved or conditionally approved by the Design Review Commission. Factors that the Commission will consider include but are not limited to the following: (a) That the sign does not interfere with the ability of adjoining properties or uses to have visible signage; (b) That the sign does not detract from the architectural features of the building; and (c) That the sign does not interfere with vehicular or pedestrian movement or with visibility for vehicular or pedestrian movements. (E) Window signs. Window signs shall comply with the following standards: (1) Number. Three window signs shall be permitted for each occupancy which directly faces a dedicated street or alley, mall, or parking lot area. Information pertaining to hours of operation and credit cards shall be exempt from this provision; (2) Area. A maximum of 25% of the total frontage glass area, whether on the ground or second level, may be covered. Doors consisting of glass shall be included in the computation of maximum sign area. A single sign indicating if a business is “Open” or “Closed” shall be exempt from the maximum area provision, provided the sign shall not exceed dimensions of 18 inches by 24 inches. (3) Changeable copy signs. Changeable copy signs shall be permitted provided that they are within the maximum sign area provided for in division (E)(2) above. (F) Awning signs. The following standards shall apply to awning signs: (1) Number. One awning sign is permitted for each ground floor occupancy. If a single occupancy has more than one awning, the total allowable signage may be divided among more than one awning. More than one awning sign may be permitted on the side of building if the adjoining grade deviates substantially along the length of the side of the building. (2) Area. Signage on the awning shall be limited to ½ square feet for each linear foot of building frontage if the awning sign is the only signage on the building; otherwise signage shall be limited to ½ square foot for each linear foot of building frontage; (3) Projection. Maximum of ½ the street parkway width; (4) Height. Minimum of eight feet above ground level. (5) Lighting. Lighting of awning signs may be internal or external, and shall not exceed 300 foot lambert. (6) Approval. All awnings shall be reviewed and approved by the Community Development Department according to the standards contained in divisions (F)(1) through (F) (5) above, regardless of whether such awnings have signage. (G) Under canopy signs. The following standards shall apply to signs attached or suspended below a canopy: (1) Number. One per public entrance. (2) Area. Maximum of six square feet. (3) Height. The height of the sign face shall not exceed two feet and the minimum vertical clearance shall be eight feet above adjoining grade. (H) Changeable copy signs. Changeable copy signs shall be permitted for facilities used primarily for the presentation of theatrical, cultural, religious, educational or athletic events. Such sign may be either a monument or wall-mounted sign and shall comply with all applicable requirements of this subchapter. (I) Banners. (1) Except as otherwise provided for in this subchapter, a banner shall only be permitted pursuant to the issuance of a banner permit. Banners issued under a permit may be displayed for a period of either 30 or 60 consecutive calendar days, with a maximum display period of 180 calendar days per calendar year. Multiple display periods are permitted on a banner permit, provided that the total amount of display days shall not exceed 180 per calendar year. Only one banner sign shall be allowed to be displayed at any given time per business, except where a single business occupies a building located at the intersection of two major streets, in which case one banner sign may be displayed on each side of the building facing on the major street. Banners shall be flame retardant, securely fastened and shall pose no public safety hazard. (2) A minimum of 30 calendar days shall transpire between each banner display. Failure to comply with the requirements herein shall be a basis on which to deny additional banner permits within the calendar year of the violation. (J) Open for business sign. A temporary sign may be issued for a business when first open to the public at its location. The temp

d shall pose no public safety hazard. (2) A minimum of 30 calendar days shall transpire between each banner display. Failure to comply with the requirements herein shall be a basis on which to deny additional banner permits within the calendar year of the violation. (J) Open for business sign. A temporary sign may be issued for a business when first open to the public at its location. The temp

d shall pose no public safety hazard. (2) A minimum of 30 calendar days shall transpire between each banner display. Failure to comply with the requirements herein shall be a basis on which to deny additional banner permits within the calendar year of the violation. (J) Open for business sign. A temporary sign may be issued for a business when first open to the public at its location. The temporary sign shall be no greater in area than that permitted for a wall sign under § 153.325(A)(2). A permit for a temporary “open for business” sign may be approved by the Community Development Director for a period of not more than 60 consecutive days from the time an occupancy permit has first been approved by the city. The permit period may be extended at the discretion of the Community Development Director. (K) Total sign area permitted. Total sign area, including all signs listed above (i.e., wall signs, monument signs, freestanding signs, window signs, awning signs, under canopy signs, and changeable copy signs) for each site or occupancy shall not exceed 2½ square feet per linear foot for the first 50 linear feet of building frontage and two square feet per linear foot for each linear foot of building frontage thereafter. The sign area shall be calculated as the area within a single square or rectangular box enclosing the extreme exterior of the advertising display, including any generic advertising, logos or other designations. If a sign is curved, the area shall be calculated as if the sign were in a straight line. (L) Limitations on sign types. A maximum of three different types of signs (i.e., wall signs, monument signs, freestanding signs, window signs, awning signs, under canopy signs, and changeable copy signs) as listed above may be permitted for each business or separate occupancy with a minimum of 75 feet of frontage on a street. A maximum of two different types of signs as listed above may be permitted for each business or separate occupancy with less than 75 feet of frontage on a street. (M) Master sign plan. All master sign plans for new commercial or industrial centers, complexes or parks which contain two or more individual establishments on a single parcel or group of parcels with a single common development or under single ownership or a single tax parcel; or for existing commercial industrial centers, complexes or parks as of November 9, 1993 which contain six or more individual establishments on a single parcel or group of parcels with a single common development or under single ownership or a single tax parcel shall be submitted to the Community Development Department for review and approval according to the following application and review processes: (1) Approving body.

ndustrial centers, complexes or parks as of November 9, 1993 which contain six or more individual establishments on a single parcel or group of parcels with a single common development or under single ownership or a single tax parcel shall be submitted to the Community Development Department for review and approval according to the following application and review processes: (1) Approving body.

(a) The master sign plan shall be approved by the Community Development Director for developments over which the director has approval for the Precise Plan of Design pursuant to § 153.354(A) of this Code.

• (b) The master sign plan shall be approved by the Design Review Commission for developments over which the Commission has approval for the Precise Plan of Design pursuant to § 153.354(B) of this Code.

• (2) Criteria. The following criteria shall be applied in determining whether the master sign plan should be approved:

• (a) Compatibility with the design motif of buildings in the complex, center, park, lot or parcel;

• (b) Incorporation of common design elements such as type of sign, materials, letter style, colors, illumination, size location and/or shape;

• (c) Promotion of unity and continuity and prevention of unsightly clutter and disarray within the complex, center, park, lot or parcel;

• (d) Compliance with the requirements of the Zoning Code and the General Plan; and

• (e) Consideration of whether the plan constitutes a hazard to the public health and safety and a hazard to vehicular or pedestrian circulation.

• (3) Applications for master sign plans shall contain the information set forth below. No master sign plan application shall be accepted as complete until all of the application contents are filed with the Community Development Department.

(a) Detailed, scaled drawings of all of the proposed signs for the lot or parcel, including elevations. At least one set of the drawings shall be in full color, depicting the actual colors to be utilized.

• (b) Specification of the materials, colors, letter height and style, illumination and method of attachment for each sign which shall be accompanied by a board containing examples of the materials and colors to be utilized.

• (c) A color photograph of the existing building facade shall also accompany applications for existing buildings.

(N) Service station signs. In addition to signage allowed in previous applicable sections of this subchapter, the following signage shall be allowed for service stations: (1) One permanently affixed price sign or changeable copy sign (or combination thereof), not exceeding an area of 18 square feet shall be allowed on each street frontage, provided said sign shall not be less than two feet in height. Said signs shall comply with all requirements set forth by the state, and shall be visible from all public rights-of-way. (2) Small signs comprised of convenience signs, bank and credit card signs, tire signs and/or price signs, with the size and location of such signs to be approved by the Community Development Director, provided the aggregate area of such signs does not exceed 24 square feet.

Said signs shall comply with all requirements set forth by the state, and shall be visible from all public rights-of-way. (2) Small signs comprised of convenience signs, bank and credit card signs, tire signs and/or price signs, with the size and location of such signs to be approved by the Community Development Director, provided the aggregate area of such signs does not exceed 24 square feet.

(O) Signs for factory franchised new motor vehicle dealers. In addition to signage allowed in previously applicable sections of this subchapter, factory franchised new motor vehicle dealers shall be allowed to have one pole sign for each major franchise with a minimum of 150 feet of frontage on a street, unless the property has such frontage on more than one street, in which case one additional pole sign fronting on said side street shall be allowed. Such pole signs may be used in lieu of monument signs which are permitted by division (B) of this section. Such pole signs shall be subject to the following standards:

• (1) Height. Maximum of 50 feet;

• (2) Area. The minimum square footage for a pole sign shall be as follows:

(3) Minimum clearance. Eight feet from the bottom of the sign to grade;

(4) Projection. No part of a pole sign shall project over public property;

(5) Copy. Copy shall not exceed 75% of the sign's area;

(6) Lighting. If illuminated, such illumination shall be internal and shall not exceed 300 foot lambert;

(7) Architectural compatibility. Such signs, including the pole, shall be architecturally compatible with the building(s) on the site;

(8) Design review. All pole signs shall be reviewed by the Design Review Committee for its recommendation prior to final approval.

(P) Balloon signs for factory franchised new motor vehicle dealers. In addition to the signage allowed in previously applicable sections of this subchapter, a factory franchised new motor vehicle dealer shall be permitted one balloon sign to be installed on the property, provided that balloon signs shall not be used for more than 120 calendar days per calendar year, and that a minimum of 30 calendar days intervene between any two balloon sign installations.

ers._ In addition to the signage allowed in previously applicable sections of this subchapter, a factory franchised new motor vehicle dealer shall be permitted one balloon sign to be installed on the property, provided that balloon signs shall not be used for more than 120 calendar days per calendar year, and that a minimum of 30 calendar days intervene between any two balloon sign installations.

(Q) Signs for major appliance/electronic retailers. In addition to the signage allowed in previous applicable sections of this subchapter, major appliance/electronic retailers having more than 25,000 square feet of gross retail floor area, and 150 feet of street frontage on a major thoroughfare in the city may be permitted the following signage upon approval of a master sign plan:

(1) One and one-half square feet of signage for each linear foot of frontage on a street.

(2) One wall sign for each 25 feet of street frontage to be used exclusively to advertise brand product names.

(R) Architectural lighting.

(1) Up to two parallel gas-filled lighting tubes around the upper perimeter of a parapet roof, and architecturally compatible with the building and neighboring buildings, may be approved by the Community Development Director and shall not be considered a part of a building's signage, provided the following conditions are met:

(a) The elevation of the building on which the lighting is to be placed is a minimum of 50 feet from any residential zoned property; and

(b) For a stand-alone building, the building elevation is a minimum of 50 feet in length; and

(c) For contiguous buildings, the building elevation is a minimum of 75 feet in length, and further provided that all contiguous buildings shall concurrently install identical architectural lighting regardless of separate ownership or leasehold interest; and

(d) No reflectorized materials are used behind the exposed tubes.

(2) Any additional gas-filled lighting tubes or any string of lights shall require review and approval by the Design Review Committee.

(S) Portable signs. Each business in the commercial zone shall be allowed to display one portable sidewalk sign in compliance with the standards set forth in this section. Portable signs shall not count toward the limitations set forth in subsections (K) and (L) above.

(1) Signs in the public right-of-way/permit required. A sign permit shall be obtained before any sign is placed in the public right-of-way. Notwithstanding § 153.323(B), the applicant shall only be required to provide: a scaled drawing of the proposed sign showing colors, materials and proposed finishes of the proposed portable sign; and color photographs of the building where the sign is proposed to be located. As part of the permit application, the applicant shall submit to the city and maintain a public liability insurance policy from a company authorized to do business in the State of California and having a rating approved by the city which names the City of San Gabriel and its officers,

es of the proposed portable sign; and color photographs of the building where the sign is proposed to be located. As part of the permit application, the applicant shall submit to the city and maintain a public liability insurance policy from a company authorized to do business in the State of California and having a rating approved by the city which names the City of San Gabriel and its officers,

agents, employees and volunteers as additional insured prior to the issuance of a sign permit for a portable sign. When a permit application is approved, an official city tag shall be placed on the sign showing permit approval. No portable sign may be considered compliant with the requirements of subsection (S) without said tag. (2) Sign size. Signs may not exceed a width of 2' 6". Sign height shall be limited to four feet as measured perpendicular from the sidewalk surface to the highest point of the sign. (3) Sign placement. Unless a permit has been obtained pursuant to subsection (1) above, portable sidewalk signs shall be placed only within the boundaries of the applicable business’ street frontage and shall be positioned so that it will not:

(a) Reduce the sidewalk clearance below a width of 36 inches;

(b) Impede any line of sight for motorists at vehicular public right-of-way intersections, as determined by the City Engineer; or

(c) Interfere with persons entering or exiting parked cars.

(4) Portable signs may not be displayed from vehicles parked in front of or adjacent to the businesses, whether on public or private property. For purposes pf this subsection, PORTABLE SIGNS specifically includes banners affixed to a vehicle.

(5) Stabilization. The sign shall be stabilized so as to withstand wind gusts or shall be removed during windy conditions.

(6) Sign elements. Signs shall be designed to incorporate the colors, textures, and features of the building in front of which they are to be placed. Signs made of plywood, pressboard, or paper products shall not be permitted; signs made of metal, burnished wood, or other materials having a natural appearance shall be permitted. Finishes shall be of high quality and durable.

(7) Removal. Portable signs shall be removed from the sidewalk at the close of each business day.

('65 Code, § 9-3.2406) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 468-C.S., passed 8-20-96; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 535-C.S., passed 1-20-04)

In addition to the foregoing, the following provisions shall apply generally to all signs: (A) Exposed gas-filled lighting tubes, strings of lights, exposed bulbs or other exposed lighting outlining a window, door or advertising display copy, or any portion thereof, shall be considered a part of the sign copy and shall be subject to the conditions and area limitations contained in this subchapter.

(B) For the purpose of public safety, the name of the business shall be indicated in the English language or English alphabet on at least one location on each business. (C) On corner lots, the amount of sign area permitted for one street frontage is not transferable to another.

(D) The rear of any sign face or cabinet visible to the public shall be provided with a flat surface covered to obscure structural members or elements from public view. (E) “Angle Iron” or “I-Beams” as visible structural supports shall not be used unless covered with decorative material and approved by the Community Development Director as an architectural or decorative feature. The use of exposed or visible guy wire supports shall be prohibited.

(F) Each separate occupancy in the C-1, C-2, C-3, and M-1 Zones shall be provided with a legible address in Arabic numerals or, where applicable, in English alphabet, at least six inches in height. Such address shall be located on the street front building facade and, if public access is available, on the rear of the building. When more than one occupancy is served by one or more common entries to a single building, the addresses may be provided by a range of addresses inclusive of those for all such occupancies, which method shall be deemed to comply with this subsection. Buildings with more than one occupancy having a common entry shall have a street address on the top of the facade of the building visible from the street.

('65 Code, § 9-3.2407) (Ord. 445-C.S., passed 5-16-95)

The following signs shall be allowed without a permit, subject to the specific zoning limitations contained herein: (A) Election signs. Election signs placed on one site shall not exceed 32 square feet in area per sign. Such sign shall not be erected more than one month prior to the election to which the signs relate and such signs shall be removed within 48 hours following such election.

(B) Special events window signs. Special events window signs shall not exceed 20% of the total frontage glass area, whether on the ground or second level. Doors consisting of glass shall be included in the computation of maximum sign area. No more than 50% of the area of one window pane shall be covered with signs. The permitted frequency of a special events window sign at any single occupancy shall be limited in the same manner as a banner sign pursuant to § 153.325(I). Special events window signs that are permitted under this section shall be limited to a duration of 30 calendar days.

(C) Real estate signs. One six square foot sign not to exceed six feet in height shall be permitted on lots or parcels used for residential purposes to advertise the sale or lease of the property on which the sign is located. Real estate signs advertising the sale or lease of commercial or industrial lots or parcels shall not exceed 24 square feet in area, and, if freestanding, six feet in height. All real estate signs shall be removed within 30 days following the sale, lease or disposition of the real property. The placement of said signs shall not interfere with the traffic or circulation on the site or on adjacent sites.

(D) Construction signs. On-site construction signs advertising the architect, builder, financing and similar information shall be permitted provided such signs do not exceed 32 square feet in area and not more than six feet in height above grade. Such signs shall be limited to one sign for each street frontage and shall be removed upon the completion of construction. The placement of said signs shall not interfere with the traffic or circulation on the site or on adjacent sites.

(E) Flags. The flags, emblems, or insignias of any nation or political subdivision utilized for noncommercial use.

(F) Holiday decorations. Holiday displays not to exceed a total of 10 weeks of display during any calendar year.

(G) Residential identification signs. One identification sign per dwelling, not to exceed two square feet in area, containing the name and/or address of the occupant of the premises. (H) Tablets and plaques. Tablets, memorial signs and plaques, installed by a recognized historical agency for the purpose of identification, provided such signs do not exceed two feet in any dimension.

(I) Political signs. Total signs on one site shall not exceed 32 square feet in area.

(J) Temporary civic event signs. Such signs, when placed in conjunction with a civic event, shall be displayed for a period not to exceed 30 calendar days.

(K) Directional signs. Such signs shall be a maximum of four square feet in area per sign. The number and location of said signs shall be subject to the approval of the Community Development Director. (L) Government signs. Signs pertaining to government buildings and government sponsored events. (M) Off-site real estate open house signs. Off-site real estate open house signs subject to the following standards: (1) Notwithstanding any other provisions in this code to the contrary, real estate open house signs may be placed upon the public parkway provided that all of the following restrictions are met: (a) Real estate professionals placing open house signage permitted by this section shall obtain the permission of the adjacent property owner or tenant before placing any such signage, whenever possible.

(b) Signage shall be limited to one sign per corner, four signs per intersection.

• (c) In no event shall an open house sign be placed in a center median strip.

• (d) Open house signs shall only be posted on the same day of the open house.

• (e) Signage display hours shall be limited to 10:00 a.m. to dusk, or 7:00 p.m., whichever is earlier.

• (f) Open houses signs shall contain the following information:

1. Directional arrow(s) to, or the address of, the subject property; and

2. The real estate professional's name and phone number, for identification purposes only. A business card taped to the sign will satisfy this requirement.

• (g) The message content on the sign shall only relate to an activity actually in progress during the allowable display period.

• (h) No sign shall obstruct the safe and convenient use by the public of adjoining sidewalk, curbside parkway, or roadway area. No sign shall be placed closer than 15 feet from a driveway approach.

• (i) No sign shall exceed three feet in height as measured from the ground to the top of the sign.

• (j) No flag, pennant, streamer, banner, or balloon shall be displayed with or attached to an open house sign permitted by this section.

• (k) The real estate professional placing a sign or signs permitted by this section shall assume all liability associated with the placement of such sign and shall hold the City of San Gabriel free and harmless from all liability and defense costs in the event of litigation regarding injuries or property damage caused by the placement of the sign(s). (l) Each posted sign, as permitted by this section, shall be maintained in a neat, clean, and safe condition.

• (m) No posted sign may be chained to or otherwise locked to a fixed object in the public right-of-way.

• (n) Signs posted in violation of any of these requirements shall subject the person placing the sign(s) to infraction penalties for violation of the San Gabriel Municipal Code. (o) No more than five signs total shall be posted for a single open house event.

('65 Code, § 9-3.2408) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 482-C.S., passed 2-17-98; Am. Ord. 510-C.S., passed 12-5-00; Am. Ord. 526-C.S., passed 7-16-02)

• The following signs shall be prohibited in all zoning districts within the city, except as otherwise provided for in this subchapter: (A) Animated signs, with exemption for time and temperature;

• (B) Balloon signs, except as otherwise provided for in this subchapter;

• (C) Emitting signs;

• (D) Temporary paper, cloth or plastic types of nonpermanent signs, including pennants, flags, festoons and banners that are not approved as part of a special events permit; (E) Off-premise advertising display, other than such display which is otherwise permitted or legally established billboards.

(F) Projecting signs;

• (G) Roof signs;

• (H) Pole signs, except as otherwise provided for in this subchapter;

• (I) Vehicle mounted signs;

• (J) Signs which simulate or imitate in size, color, lettering or design, any traffic control sign or signal;

• (K) Light bulb strings when used as part of the advertising display, except for holiday decorations;

(L) Signs pertaining to a home business occupation;

(M) All exposed gas-filled lighting tubes, strings of lights, exposed bulbs or other exposed lighting not specifically permitted by this subchapter or not identified as requiring Design Review Committee action;

(N) Signs on public property, or on any street lamp post, tree, shrub, tree stake or guard, electric light or power or telegraph or telephone pole, or wire appurtenance thereof, except civic event signs with prior approval pursuant to § 150.184. Any sign found posted, or otherwise affixed upon any public property contrary to the provisions of this subsection may be immediately removed by the city.

('65 Code, § 9-3.2409) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 535-C.S., passed 1-20-04)

All signs and sign signatures, including their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The Building Official shall have the authority to remove signs which constitute a hazard to health, safety or public welfare by reason of inadequate maintenance or dilapidation, pursuant to the procedures set forth in Chapter 98 of this code. ('65 Code, § 9-3.2410) (Ord. 445-C.S., passed 5-16-95)

(A) The city shall commence with an inventory and identification of illegal and/or abandoned advertising displays. Within 60 days after said six month period, the city shall commence abatement of the identified pre-existing illegal and/or abandoned advertising displays. The illegal and/or abandoned advertising displays shall be declared a public nuisance by resolution of the City Council and the procedure for abatement shall be pursuant to Cal. Bus. & Prof. Code §§ 5499.1 et seq.

(B) The city may impose a reasonable fee upon all owners or lessees of on-premises business advertising displays for the purpose of covering the actual cost of inventory and identification of such displays. The actual cost may be fixed upon a determination of the total estimated reasonable cost and the amount of such fee shall be set by resolution of the City Council.

('65 Code, § 9-3.2411) (Ord. 445-C.S., passed 5-16-95) 2004 S-12

(A) Deactivation of animated signs. Any animated signs, except for time and temperature, even if legally erected prior to the adoption of this subchapter, shall be deactivated within 60 days from the effective date of this subchapter, without compensation. Chasing lights used as part of a holiday decoration shall not be affected by this division.

(B) Illegal and/or abandoned signs. Any illegal or abandoned advertising display or advertising structure shall be abated, without compensation, pursuant to the procedure set forth in Cal. Bus. & Prof. Code §§ 5499.1 et seq.

(C) Legal nonconforming signs. Any legal nonconforming sign shall be removed, without compensation, if the sign meets any of the following criteria:

(1) Any advertising display which has been more than 50% destroyed, and the destruction is other than facial copy replacement, and the display is not repaired within 30 days of the date of its destruction;

(2) Any advertising display whose owner, outside of a change of copy, requests permission to remodel, and remodels that advertising display; or expands or enlarges the building or intensifies land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds 50% of the cost of reconstruction of the building;

• (3) Any advertising display whose owner seeks relocation thereof and relocates the advertising display;

• (4) Any advertising display which is temporary;

• (5) Any advertising display for which there has been an agreement between the advertising display owner and the city, for its removal as of any given date;

• (6) Any advertising display which is or may become a danger to the public or is unsafe.

• (7) All other nonconforming signs, except for abandoned signs, which are made nonconforming by the initial adoption of this subchapter shall be removed or made to conform within 15 years of June 1, 1989.

(D) Removal of nonconforming signs. All other nonconforming signs, first made nonconforming by the adoption of this amended subchapter (October, 1994) shall be removed or made to conform within 15 years from the effective date of this amended subchapter.

(E) Extension of time. Any sign owner, whether a sign user or a sign lessor or lessee, may seek an extension of time from the otherwise applicable amortization schedule pursuant to the provisions of § 153.332.

('65 Code, § 9-3.2412) (Ord. 445-C.S., passed 5-16-95)

(A) After conducting a public hearing on an application for extension of time under § 153.331(C)(7), the Planning Commission may, by resolution, deny said application or grant such extension when, after hearing the testimony, or other evidence, it concludes that strict application of the nonconforming sign provisions would be unreasonable as to a particular sign; strict application of the nonconforming sign provisions would create a hardship upon the applicant which was not brought about by an act of the applicant; and the hardship resulting from strict application of the nonconforming sign provisions outweighs any detriment to the public caused by granting an extension of time.

(B) In making a determination as to granting or denying extensions of time, the Planning Commission shall consider evidence presented as to the following matters, but not limited thereto:

• (1) Age, condition and physical characteristics of the sign;

• (2) Location;

• (3) Remaining economic life;

• (4) Depreciation treatment for income tax purposes;

• (5) Investment in sign;

• (6) Monopoly or advantage resulting from fact that similar new signs are prohibited;

• (7) Cost to remove sign and salvage value;

• (8) Extent of nonconformity.

(C) The decision of the Planning Commission shall be final unless an appeal is made to the City Council in the time and manner specified in § 153.004 of this code. ('65 Code, § 9-3.2413) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 526-C.S., passed 7-16-02)

(A) Application to be designated a sign of special significance shall be filed with the Community Development Department. Upon application by the owner, any sign may be considered by the Design Review Committee and Planning Commission for designation as a special significance sign for its architectural or historic significance, whether local, state or national.

(B) Signs meeting the following criteria may be designated signs of special significance:

• (1) Signs having some special significance, either historically or architecturally;

• (2) Signs which directly contribute to the distinctive character of the city.

(3) Signs whose design, material(s) and color(s) are consistent with the architectural styles and building types identified in the urban design element of the city's General Plan;

• (4) Signs which are integral to a building and/or storefront, whose design, material(s) and color(s) have not been compromised, to the point that the integrity of the original sign/building/ storefront relationship no longer exists;

• (5) Signs which have been properly maintained and repaired, if necessary, by the original owner; or faithfully restored, if there is a new owner; and

• (6) The sign will not have a significant adverse impact on the purposes of the sign ordinance.

(C) Designated signs of special significance shall not be removed or abated as provided in § 153.331(C)(7). Such signs which are approved by the Planning Commission may be subject to the following conditions:

• (1) The basic sign copy may not be changed;

• (2) The existing signs shall not be modified;

• (3) No new signs shall be added;

• (4) Review of such signs by the Planning Commission every five years from the date of approval.

('65 Code, § 9-3.2414) (Ord. 445-C.S., passed 5-16-95)

(A) Permits required. No person shall hang or suspend any banner, flag, pennant, or other street decoration over and above any street or other public thoroughfare, or cause the same to be done, unless permission to do so has first been obtained as an agenda item by the City Council. Such permission shall not be granted for commercial advertising and shall be confined to the advertising of patriotic or seasonal celebrations, fiestas, conventions, public or civic events, or other activities not of a commercial nature.

(B) Bonds/insurance. The Council may require a reasonable bond and/or policy of public liability insurance to protect the city and its officers and employees from liability connected with the display of the banner and to ensure its timely removal.

(C) Time permitted to be displayed. Such banner, pennant, flag or other street decoration shall not be displayed more than 30 days prior to the commencement of the event or activity for which it is displayed and shall be removed within 45 days after the date of initial display.

(D) Height. Such banner, flag, pennant, or other street decoration shall be safely suspended not less than 16 feet above a street or public thoroughfare.

(E) Recurring events. Proposed banners, advertising recurring community events, that have been previously approved by the City Council may be re-authorized by staff so long as the event and proposed posting are substantially similar to that authorized previously by the City Council.

(F) These requirements shall not apply to official banners of the city and its departments.

(Ord. 482-C.S., passed 2-17-98)

DESIGN REVIEW

The purposes of this subchapter are as follows:

(A) To ensure the implementation of urban design policies and principles consistent with the city's General Plan;

(B) To maintain and protect property values and financial investments;

(C) To ensure the development of safe and adequate circulation and parking;

(D) To promote the highest quality of architectural design for the public benefit and the improvement of the city's community environment; and

(E) To, within the dictates of the Zoning Code, balance the rights of adjoining property owners regarding privacy, noise, light and air.

(F) To ensure fair, equitable and consistent application of design standards in a timely manner.

('65 Code, § 9-3.2501) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01)

(A) The Design Review Commission shall consist of five members appointed by the City Council on the basis of their qualifications. The members shall include qualified design professionals, including but not limited to the fields of architecture, urban and regional planning, urban design, graphic design, engineering and the visual arts. It is desirable, but not required, that at least one architect and one landscape architect shall serve on the Commission. Absence or vacancy in any position shall not prevent the Commission from conducting business, provided that a quorum of three members is maintained. Members shall serve two-year terms and may be appointed for additional two-year terms. Members shall be required to participate in orientation training before and continuing education during their term of service in accordance with the provisions of this section.

(B) The Design Review Commission shall choose a Chair and a Vice-Chair from among their membership. Meetings shall be held on a time and date established by written resolution of the City Council. The Design Review Commission shall take action by majority vote of those present and constituting a quorum. The proceedings of the Design Review Commission shall be memorialized by the minute clerk. The minute clerk shall tape record the proceedings as an aid to preparation of the minutes. In addition, the staff shall prepare and submit proposed minutes of the Commission meetings for adoption at the next regularly scheduled meeting.

(C) The City Manager, through the Community Development Director, shall assign such staff support to the Design Review Commission as may be required for the Commission to fulfill its obligations. The staff shall have the duty to advise, but not the right to vote.

(D) The Design Review Commission shall establish written policies to ensure efficient organization and management of its affairs, consistent application of design standards, and identification of issues for future consideration by the Planning Commission and City Council.

(E) Every member of the Design Review Commission appointed by the Mayor shall be interviewed and selected on the basis of experience and qualifications, and shall be required to participate in no fewer than eight hours of orientation and training before participating in the review of projects. Design Review Commission members shall participate in at least one annual training program in the areas of design practice, meeting management, ethics, planning and design law, or related topics.

(F) The Community Development Director or designee may secure consulting professional design assistance as necessary to ensure expedient and effective reviews of incoming projects.

('65 Code, § 9-3.2502) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 513-C.S., passed 4-17-01; Am. Ord. 518-C.S., passed 1-15-02; Am. Ord. 602C.S., passed 7-2-13; Am. Ord. 643-C.S., passed 4-3-18; Am. Ord. 650, passed 2-5-19)

No building permit or any other type of construction permit shall be issued until a precise plan of design or site plan review covering the parcel or parcels to be used is approved as provided herein. Building permits and other construction permits may be issued only in accordance with such an approved precise plan of design or site plan review, including the terms and conditions thereof.

('65 Code, § 9-3.2503) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16)

(A) Filing requirements. An application for a precise plan of design or site plan review shall be filed with the Community Development Department. The application shall contain the information required in the operating guidelines for design review issued by the Community Development Director.

(B) Plan preparation. Plans and landscape plans for projects that are larger than one acre shall be prepared by a registered architect and a licensed landscape architect respectively. The Community Development Director may waive the requirement of professional plan preparation in the case of minor remodeling or where the facts and circumstances of the proposed plan demonstrate that professional plan preparation would not substantially benefit the project.

(C) Minimum application submittal. The Community Development Director shall establish a list of minimum filing requirements for all applications consistent with division (D) below. Nothing shall require the Community Development Director, however, to require exhibits that do not have a direct bearing on the matter proposed, nor shall the Community Development Director be prohibited from requiring additional materials necessary to make an informed determination.

(D) Filing requirements for design review. The following specifies typical filing requirements for design review applications. The Community Development Director shall maintain a checklist of filing requirements which shall be reviewed and amended from time to time.

(1) Checklist . A completed checklist for applications containing the information as specified by the Community Development Director or designee. Such checklist may include, but is not limited to, the items in division (D)(2) through (8).

• (2) Site plan . Copies of a fully dimensioned site plan, drawn to scale and showing:

• (a) Location of existing and proposed structures, including signs, showing dimensions from property line;

• (b) Location, size and species of existing trees or natural attributes;

• (c) Location of off-street parking. The number of parking spaces (specifying handicapped, compact and regular spaces), type of paving, direction of traffic flow, parking stall dimensions, and areas for turning and maneuvering vehicles;

• (d) Location and dimension of drive approaches, off-street loading areas, street and highway dedications;

• (e) Refuse disposal and recycling;

• (f) Location, height, and material of existing and/or proposed fences and walls;

• (g) Means of screening all vents, pipes, antennas and machinery placed on roofs;

• (h) Location, height and specifications of all existing and/or proposed exterior lighting;

• (i) Location of all utility pipes, valves, vaults and similar appurtenances; and

(j) Location of structures on abutting lots showing dimensions to property line.

(3) Neighborhood analysis . Written and/or visual analysis for a 300-foot radius around the project site, showing the architectural styles in the vicinity as well as the number of one-story and two-story homes. This submittal requirement is applicable for projects located within the R-1 Zone that are subject to review by the Design Review Commission. (4) Elevation drawings. Dimensioned and fully illustrating all sides of the proposed structures. These drawings shall include:

(a) Location of signs and size, height, color, material and type of illumination of all signs. A master sign plan shall be submitted when the development includes two units or more; (b) Location, size and style of architectural features, such as awnings, doors, windows and other wall openings;

(c) All exterior surfacing materials and their colors.

(5) Landscape plan. A preliminary landscape plan showing the location and design of the following listed items:

(a) Existing trees (by species and size) proposed to be retained, removed or relocated on the site;

(b) Landscaped areas and the numbers, varieties and sizes of plant materials to be planted therein and all other landscape features;

(c) Softscape, hardscape (walkways, paving, textured concrete) and lighting.

(6) Colors and materials . A materials and colors board showing all colors and materials, with color chips and textures keyed to the principal plan elements where those components are found.

(7) Floor plans. Floor plans.

(8) Photo board. Showing subject site, two adjacent properties on either side, and three properties directly across the street(s).

(9) Rendering/illustration. One set of color elevation drawings or a color rendering. The City Planner may require, at his or her discretion, a computer model where such is necessary to evaluate scale, massing and architectural treatment. (10) Curb cut applications for vacant property . To the extent not already covered by division (D)(2) through (6) above, applications submitted pursuant to § 100.030(B)(2) and (C)(1) shall contain relevant information relating to lighting design, gateway design, queuing distance, security gates, adjoining right-of-way improvements, street trees, improvements on abutting properties; trash collection access and screening; vertical grade differentials and transitions.

(E) Review and approval protocol. Application processes shall be governed by the procedure shown in Figure 153.353(A):

('65 Code, § 9-3.2504) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 513-C.S., passed 3-20-01; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

(A) Action by Community Development Director .

(1) Any precise plan of design applications for multi-family residential projects of four or fewer dwelling units, for single family projects not in the R-1 Zone, or for commercial, office, institutional or industrial projects equal to or less than 3,000 square feet of gross floor area shall be considered by the Community Development Director within 30 days after the filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application. (2) Any site plan review applications for projects within the R-1 Zone, proposing additions to the rear of the property that do not propose significant impacts from the public right-of-way shall be considered by the Community Development Director within 30 days after filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application.

(3) Any site plan review application for projects within the R-1 Zone proposing wholesale façade changes or additions that create significant visual impacts from the public right-of-way shall be reviewed by the City Architect prior to consideration by the Community Development Director within 30 days after the filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application.

(4) The Community Development Director may refer any application not otherwise required for review by the City Architect or for Design Review Commission review and recommendation, if the Director determines that the controversial nature or the complexity of the application requires such referral. In such case, the 30-day time limit shall not apply, but the matter shall be timely scheduled for hearing before the Design Review Commission.

(B) Action by Design Review Commission.

(1) Any site plan review applications for projects within the R-1 zone, proposing construction of new homes (including any residential remodel which involves the demolition of at least 50% of the existing residential building) and new second stories shall be considered by the Design Review Commission.

(2) Any precise plan of design applications for residential projects of five or more dwelling units, applications for commercial, office, institutional or industrial projects in excess of 3,000 square feet of gross floor area shall be considered by the Design Review Commission. The Design Review Commission shall also consider additions to commercial, office or manufacturing buildings that add more than 2,500 square feet to gross floor area to the existing structure(s).

ve or more dwelling units, applications for commercial, office, institutional or industrial projects in excess of 3,000 square feet of gross floor area shall be considered by the Design Review Commission. The Design Review Commission shall also consider additions to commercial, office or manufacturing buildings that add more than 2,500 square feet to gross floor area to the existing structure(s).

(3) The Community Development Director shall place a completed application, submitted with all of the required supplementary information required herein, on the next available Design Review Commission agenda. No application shall be placed on the Design Review Commission agenda for consideration until all of the required information has been submitted in sufficient time for staff analysis and review prior to the Design Review Commission meeting. After a completed application is placed upon the Design Review Commission agenda, the Commission shall, within a reasonable time thereafter, make a decision of approval, disapproval, or approval with conditions. The Design Review Commission shall utilize the evaluation criteria herein in making its recommendation.

(C) Appeal to City Council . Any decision of the Community Development Director or the Design Review Commission may be appealed to the City Council within the time and manner specified by § 153.004 of this code. The City Council may approve, deny or modify, in whole or in part, the action of the Community Development Director or the Design Review Commission. The City Council shall utilize the evaluation criteria herein in making its decision.

(D) Action by City Council. The City Council shall consider any appeal of a Design Review Commission action within 30 days of the filing of said appeal. The City Council may approve, deny or modify, in whole or in part, the action of the Design Review Commission. The City Council shall utilize the evaluation criteria herein in making its decision. (E) Decisions to be in writing. All decisions of the Community Development Director, Design Review Commission and City Council shall be in writing and shall include findings supporting the decision.

(F) Changes after approval. After a site plan review or a precise plan of design has been approved by the Design Review Commission, the Chairman and City Architect may make minor modifications to the approved plans, including changes to color, roofing materials and colors, types of finishes or textures for items such as stucco or wood, and other material changes. Such modifications must be approved and documented and approved by both the Chairman and the City Architect. Nothing herein shall obligate the Chairman and City Architect to approve any requested changes.

('65 Code, § 9-3.2505) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 544-C.S., passed 8-17-04; Am. Ord. 552C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

§ 153.355 EVALUATION CRITERIA.

(A) In approving a precise plan of design or site plan review, the Director, Design Review Commission or City Council, on appeal, must find in writing that the site plan, architecture and landscape design:

(1) Are consistent with the policies of the general plan, zoning ordinance, design guidelines, and other city ordinances and policies governing the quality and character of development.

(2) Are architecturally harmonious, consistent with the scale and impact of similarly sited properties in the same neighborhood and zoning classification, and carry out the intent of the city's design guidelines. Each building shall include full architectural character on all building elevations demonstrating a quality of craftsmanship and design quality consistent with the city's guidelines.

(3) Provide a degree of amenity characterized by generous landscaping of the open spaces and parking lots consistent with city design guidelines; provision of pedestrian connections; provision of landscape transition zones between parcels; and preservation of native, historic, and specimen trees and vegetation on the site.

(4) Provide proper transition between the subject parcels and adjoining properties, including proper streetscape, architectural scale, massing, proportion and harmony; landscape palette, sound and vibration control, buffering, privacy protections; public improvements, and sign controls necessary to improve the quality of the streetscape. (5) Include, to the extent possible, passive solar design opportunities, new and sustainable technologies, water-efficient landscape techniques, elimination of nonconforming signs, and other building practices consistent with the provisions of state law and city design guidelines.

(6) Protect the character-defining features of historic streetscapes, building exteriors, and cultural landscapes consistent with Secretary of the Interior Standards for the Treatment of Historic Properties.

(7) In addition to the above, when considering a precise plan of design for a curb cut for vacant property, the following findings must also be made:

(a) That access to the vacant property will not create an attractive nuisance;

(b) That access to the vacant property will not create a standalone parking lot or storage yard;

(c) That access to the vacant property is consistent with future development plans of the vacant property; and

(d) That access to the property will not create an unsafe situation for individuals or surrounding properties.

(B) The Design Review Commission shall not consider the internal space arrangements and amenities of a structure except to the extent required for compliance with applicable building codes, zoning density requirements, zoning code requirements, design development standards, evaluation criteria and the purpose of this subchapter.

('65 Code, § 9-3.2506) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16)

The precise plan of design or site plan review shall be valid for one year from the approval date. Construction must be commenced within one year from the approval date. If construction has not commenced within one year from the approval date, but the applicant has diligently pursued the project plan review process, the Community Development Director may extend the precise plan of design or site plan review for up to one additional year. If construction has not commenced within this additional one-year period, the precise plan of design or site plan review shall expire and no longer be valid. The Design Review Commission may, upon application and with good cause shown, extend the time limit in the case of unavoidable delay.

('65 Code, § 9-3.2507) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 629-C.S., passed 10-4-16)

Subsequent to the approval of a precise plan of design or site plan review, the Community Development Director may approve minor changes in the precise plan, site plan review, or the conditions thereof, if he or she finds that there are practical reasons for such changes, that such changes do not substantially vary from the previously approved precise plan or site plan review, and applicable city codes, and that such changes do not involve deviations from the design’s intent and from established written policies of the Design Review Commission or Planning Commission. Any time the Community Development Director takes action to approve or disapprove a requested minor modification, he or she shall notify the approving body in writing. The action of the Community Development Director shall be final unless appealed to the approving body within 10 calendar days of the decision.

('65 Code, § 9-3.2508) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 629-C.S., passed 10-4-16)

(A) Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public hearing in the manner required by Cal. Gov’t Code § 65091.

(B) The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith.

(Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

APPLICATION REVIEW

The purposes of this subchapter are:

(A) To provide the Design Review Commission, Planning Commission, and City Council with full and complete information so that consideration of projects will not be delayed while information that should have been included in the initial application is provided;

(B) To help applicants understand the nature of the city's approval process and the information necessary to complete their applications;

(C) To screen applications that will require close environmental scrutiny;

(D) To verify that proposed projects are in compliance with all city zoning, building, fire, health and police regulations; and

(E) To assist the Community Development Department in preparing recommended conditions of approval or reasons for recommended denial for projects set for consideration before the City Council, Planning Commission or Design Review Commission.

('65 Code, § 9-3.2801) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 535-C.S., passed 1-20-04)

(A) The Community Development Director shall meet with such city staff as he deems necessary to review proposed discretionary projects and make recommendations.

(B) The Application Review process, from original submittal of an application to the initial report of the Committee, shall be completed within 30 days.

(C) The City Council, Planning Commission and Design Review Commission shall be advised, in staff reports, as to the results of the Application Review recommendations for a project.

(D) Recommendations resulting from the Application Review process shall not impair the jurisdiction of the Design Review Commission, Planning Commission and City Council in their review of projects requiring discretionary approval.

(Ord. 535-C.S., passed 1-20-04)

Nothing in this subchapter shall prevent a developer from requesting pre-application review on a proposed project if so desired. A fee for such review may be established by resolution of the City Council.

('65 Code, § 9-3.2802) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 535-C.S., passed 1-20-04)

COMMERCIALLY UTILIZED CONDOMINIUMS

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL CONDOMINIUM. Any commercially zoned or commercially utilized portion of a “common interest development” as that term is used in Cal. Civil Code §§ 1351 et seq. ('65 Code, § 9-3.2701) (Ord. 368-C.S., passed - - )

In addition to the state Subdivision Map Act and the code provisions relating to subdivisions, the following requirements must be satisfied at the time of application for subdivision map approval. Failure to provide documentation as to how the following requirements will be met shall be grounds to deem an application incomplete.

(A) Minimum size of individual units. No individual unit offered for sale shall contain less than 1,200 square feet of useable floor area. Also, a minimum of 10% of the units shall individually contain at least 2,000 square feet of usable floor area.

(B) Copy of governing documents to be submitted. A copy of the proposed conditions, covenants and restrictions, bylaws, and articles of incorporation (if applicable) and all the documents, including the condominium plan, map, declaration and any amendments thereto as required by the provisions of Cal. Civil Code § 1352 shall be submitted at the time of application. The applicant shall also submit the written disclosures required by Cal. Civil Code § 1363.1, if available at the time the application is submitted.

(C) Mandatory provisions in governing documents. The proposed conditions, covenants and restrictions shall include the substance of the following provisions, subject to the approval of the City Attorney:

(1) Local jurisdiction. The governmental entity with primary jurisdiction over this project is the city, in the County of Los Angeles. The Association shall abide by codes and/or ordinances of the primary jurisdiction above stated, and the State of California. No alterations to the interior of individual units or common area shall be commenced without the appropriate approvals and permits from the city.

(2) Fire lanes. The common drive shall be posted and maintained as a fire lane/no parking area. The city shall have the ability to cite violations of parking restrictions.

(3) Parking spaces/permitted uses. Parking for the project shall be approved based upon the developer's representations regarding proposed uses of the individual units. Certain uses, such as restaurants, require much more parking than other uses. The owner and occupant of each unit should be aware that the overall number of parking spaces available in the project may limit the utilization of individual units. The parking spaces in the project are for the intermittent uses of owners and their patrons and no parking of an extended duration shall be permitted. The Property Owner Association shall adopt regulations consistent with the provisions of this subchapter, including this division, regarding the use of parking spaces in the project.

ble in the project may limit the utilization of individual units. The parking spaces in the project are for the intermittent uses of owners and their patrons and no parking of an extended duration shall be permitted. The Property Owner Association shall adopt regulations consistent with the provisions of this subchapter, including this division, regarding the use of parking spaces in the project.

(4) Authority of city to enforce common area maintenance. The city shall have the right and power to enforce the common area use and maintenance covenants of the Association, provided however that no duty to enforce said use and maintenance covenants shall be deemed to arise by virtue of this provision or any other action of the city. Any provisions of this subchapter notwithstanding, the city may, by an action at law or in equity, enforce all provisions relating to the proper maintenance, repair and use of the common area.

(5) Approval of local jurisdiction. Any amendments which would defeat the obligation of the Board, acting on behalf of the Association, or the Association, to provide management and maintenance of the common area, including any private driveways or private streets thereto, in a first-class condition and in a good state of repair, or which would defeat the assessment procedure established or contemplated in this subchapter to insure said management and maintenance, must be approved by the Planning Commission of the city.

('65 Code, § 9-3.2702) (Ord. 368-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95)) Penalty, see § 153.999

An application fee, in an amount set by resolution of the City Council, shall be paid in addition to the fees applicable to the subdivision map fees. ('65 Code, § 9-3.2703) (Ord. 368-C.S., passed - - )

Compliance with these provisions shall be ascertained as part of the public hearing process regarding the subdivision map. No subdivision map for commercial condominium purposes shall be approved unless the granting body makes a specific finding that the project is in compliance with these regulations. ('65 Code, § 9-3.2704) (Ord. 368-C.S., passed - - )

TRIP REDUCTION AND TRAVEL DEMAND MEASURES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERNATIVE TRANSPORTATION. The use of modes of transportation other than the single passenger motor vehicle, but not limited to carpools, vanpools, buspools, public transit, walking and bicycles.

APPLICABLE DEVELOPMENT. Any development project that is determined to meet or exceed the project size threshold criteria contained in this subchapter.

BUSPOOL. A vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). A statute that requires all jurisdictions in the State of California to evaluate the extent of environmental impact posed by proposed development.

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

DEVELOPER. The builder who is responsible for the planning, design and construction of an applicable development project. A DEVELOPER may be responsible for implementing the provisions of this subchapter as determined by the property owner.

DEVELOPMENT. The construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of the ordinance codified in this subchapter and which exceed the thresholds defined in this subchapter shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

EMPLOYEE PARKING AREA. The portion of total required parking at a development used by on-site employees. Unless direct evidence to the contrary is provided by the developer, employee parking shall be calculated as follows:

PREFERENTIAL PARKING. Parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. PROPERTY OWNER. The legal owner of a development who serves as the lessor to a tenant. The PROPERTY OWNER shall be responsible for complying with the provisions of this subchapter either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD). The regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

TENANT. The lessee of facility space at an applicable development project.

TRANSPORTATION DEMAND MANAGEMENT (TDM). The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether.

TRIP REDUCTION. Reduction in the number of work-related trips made by single occupant vehicles.

VANPOOL. A vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.

VEHICLE. Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

('65 Code, § 9-3.2801) (Ord. 397-C.S., passed - - )

(A) Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-router transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of the ordinance codified in this subchapter shall be exempted from its provisions. The “Transit Impact Review Worksheet” provided in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs and shall, as part of the NOP process, be given an opportunity to comment on the impacts of the project, to identify reasonable recommended transit service or capital improvements which may be required as a direct result of the project, and to recommend reasonable mitigation measures minimizing automobile trips on the CMP network. It shall be the responsibility of the transit operators to show the direct relation of the impacts to the project and to show the reasonableness of proposed mitigation. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

(B) Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

('65 Code, § 9-3.2802) (Ord. 397-C.S., passed - - )

(A) Applicability of requirements.

(1) Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

(2) This subchapter shall not apply to projects for which a development application has been deemed “complete” by the city pursuant to Cal. Gov't Code § 65943, or for which a Notice of Preparation for a DEIR has been circulated, or for which an application for a building permit has been received, prior to the effective date of the ordinance codified in this subchapter.

• (3) All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

(B) Development standards.

• (1) Non-residential development of 25,000 square feet or more shall provide the following to the satisfaction of the city: A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

• (a) Current maps, routes and schedules for public transit routes serving the site;

• (b) Telephone numbers for referrals on transportation information, including numbers for the regional ridesharing agency and local transit operators;

• (c) Ridesharing promotional material supplied by commuter-oriented organizations;

• (d) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

• (e) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(2) Nonresidential development of 50,000 square feet or more shall comply with division (B)(1) of this section and shall provide all of the following measures to the satisfaction of the city:

(a) Not less than 10% of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permits, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the methods for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet, and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles. (b) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for these spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

(c) Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (for example, provisions of racks, lockers, or locked room) shall be to the satisfaction of the city.

(3) Nonresidential development of 100,000 square feet or more shall comply with divisions (B)(1) and (2) of this section and shall provide all of the following measures to the satisfaction of the city:

(a) A safe and convenient zone in which vanpool and carpool vehicles may deliver and board their passengers;

(b) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

(c) If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

(d) Safe and convenient access from the external circulation system to bicycle parking facilities on site.

('65 Code, § 9-3.2803) (Ord. 397-C.S., passed - - ) Penalty, see § 153.999

(A) No project requiring an Environmental Impact Report (EIR), or a focused environmental review of traffic issues, shall be submitted for consideration unless a CMP transportation impact analysis has been completed as part of the environmental review.

(B) No project requiring development improvements pursuant to § 153.402(B) shall be submitted for plan check unless all required improvements are indicated on the proposed development plans to the satisfaction of the city.

(C) No project requiring development improvements pursuant to § 153.402(B) shall be issued a certificate of occupancy unless all required improvements have been completed to the satisfaction of this city.

('65 Code, § 9-3.2804) (Ord. 397-C.S., passed - - )

Enforcement of this subchapter shall be pursuant to the provisions of §§ 153.480 through 153.483. ('65 Code, § 9-3.2805) (Ord. 397-C.S., passed - - )

NONCONFORMING USES, STRUCTURES AND LOTS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANY SUBSEQUENTLY ADOPTED ORDINANCE OR REGULATION. Any ordinance or regulation changing the development standards of this chapter adopted subsequent to the adoption of this subchapter.

INVOLUNTARY DESTRUCTION. The partial or total destruction of a structure as a result of natural disaster, war, civil disturbance or fire not caused by nor resulting from the action of the structure's owner or agents.

NONCONFORMING LOT. Any lot which was lawfully created but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this code applicable to the zone in which the lot is situated.

NONCONFORMING STRUCTURE. Any building or structure, or any portion thereof, which was lawfully constructed but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this chapter applicable to the zone in which the structure is situated.

NONCONFORMING USE. Any use which was lawful at the time it was established but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this chapter applicable to the zone in which the use is situated.

NONRESIDENTIAL ZONES. The following zones: Retail Commercial Zone (C-1); Commercial and Light Manufacturing Zone (C-3); Light Manufacturing Zone (M-1); Automobile Parking Zone (P-1); Architectural Design Zone (D); and any future zone created by ordinance permitting any commercial, manufacturing or parking use. TERMINATION. The cessation of the right to maintain the existing nonconforming use, structure or lot; including, but not limited to:

(1) The alteration to a conforming structure or the complete removal of any nonconforming structure; and

(2) The discontinuance of a nonconforming use or conversion to a conforming use.

(Ord. 393-C.S., passed 5-18-93)

The following shall apply to all nonconforming uses existing at the effective date of this subchapter or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

(A) Any nonconforming use housed in a conforming structure may be continued and maintained except as otherwise provided in this subchapter, and further provided:

(1) There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director. (2) There is no addition to, nor intensification of, the nonconforming use.

• (3) There is no addition to, nor change to, any other nonconforming use.

• (4) The nonconforming use is maintained in compliance with the health and safety codes and other titles of the city code and ordinances.

• (5) The right to maintain a nonconforming use shall terminate if such use is discontinued for a period of 120 consecutive days or more.

(6) A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use, including parking requirements, are satisfied. Once changed, said nonconforming use may not be reestablished. (7) If the structure in which the nonconforming use is housed is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was housed.

(B) Any nonconforming use housed in a nonconforming structure may be continued and maintained, so long as it complies with the provisions of division (A) of this section, and as otherwise provided in this subchapter, and further provided:

(1) If the nonconforming structure in which the nonconforming use is housed is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was housed.

(2) (a) A nonconforming use housed in a nonconforming structure may be changed to another use if:

1. The proposed use is permitted in the zone in which the existing use is situated;

2. The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and

3. The parking requirements in effect at the time of the change for the proposed use are satisfied.

• (b) Once changed, said nonconforming use may not be reestablished.

(3) The change of a nonconforming use housed in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subchapter, nor in any subsequently adopted ordinance or regulation.

(4) The right to maintain a nonconforming use shall terminate if such use is discontinued for a period of 120 consecutive days or more.

(Ord. 393-C.S., passed 5-18-93; Am. Ord. 687, passed 3-7-23)

The following shall apply to all nonconforming structures existing at the effective date of this subchapter, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.

(A) Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure, and further provided:

(1) In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed 50% of the cost of replacing the entire structure, as determined by division (D)(6) of this section, except as provided in divisions (A)(2) and (3) below.

(2) In the event of involuntary destruction of a nonconforming residential structure as set out in division (A)(1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director the following:

• (a) Rebuilding will not enlarge the size of the structure nor increase the extent of non- conformance;

• (b) The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and

(c) The structure was properly maintained, as required by health, safety and building codes and other titles of this code and ordinances, immediately prior to the destruction. (3) Nonconforming residential structures located in the R-1 and R-1A Zones involuntarily destroyed in whole or in part shall be exempt from the provisions of this subchapter, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.

(4) In no case shall a nonconforming residential structure located in the R-1 or R-1A Zones involuntarily destroyed in whole or in part be required to comply with the requirements of §§ 153.035 et seq.

(5) In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-residential zone including, but not limited to, R-2 and R-3 Zones, unless the City Council shall make a subsequent determination to the contrary.

(6) Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use.

(B) Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director, and which do not enlarge the structure; and further provided:

(1) The entire structure does not remain unoccupied for six consecutive months or more.

(2) In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed 50% of the cost of replacing the entire structure, pursuant to division (D) (6) of this section.

(3) Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use. (4) In addition to the causes of termination set out in divisions (B)(1) and (2) of this section, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure has reached the age of 40 years, computed from the date the building was erected. (C) Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subchapter, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure; and further provided:

(1) Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six consecutive months.

(2) In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds 50% of the cost of replacing the entire structure, pursuant to division (D)(6) of this section. (3) Any legal nonconforming status of a structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director.

(D) General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subchapter, shall include: (1) Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(2) When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two or more separate buildings or structures located on one or more lots, the nonconformity of any one building pursuant to this subchapter shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subchapter.

(3) Any reconstruction, maintenance, repair or alteration authorized or permitted by this subchapter to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified nor any other changes made in the size or configuration of the structure, except as specifically provided in this subchapter. (4) Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the floor area or materially alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director.

• (5) Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subchapter, shall have such reconstruction or repair started within one year from the date of damage and shall be diligently pursued to completion. Otherwise the legal nonconforming status of the structure shall be lost. (6) Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director based on a current appraisal of the structure, provided at the owner's expense, by a California licensed and certified appraiser. (7) Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the use it housed. (8) A nonconforming structure may be remodeled provided:

(a) There is no increase in the total size, the height or the useable floor area of the structure; (b) There is no increase in the extent of nonconformity; and

• (c) There is no new nonconformity created.

(F) Exemptions to the requirements of this subchapter shall apply to structures that are:

(1) Public utility structures so long as said structures are directly involved in providing public utility services; or

(2) A structure made nonconforming solely by reason of a dedication to or acquisition by the city or other government agency, directly or by eminent domain, for a public purpose. (Ord. 393-C.S., passed 5-18-93; Am. Ord. 687, passed 3-7-23)

The following shall apply to all nonconforming lots existing at the effective date of this subchapter or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise. (A) Any improved nonconforming lot may not be further developed with any additional structure. Any existing structures on a nonconforming lot shall be considered a nonconforming structure and be subject to the provisions of this subchapter.

(B) Any legally existing nonconforming lot in the R-1 and R-1A Zones are exempt from the provisions of this subchapter, except as may be otherwise provided for in this subchapter.

(C) Exemptions to the requirements of this subchapter shall apply to lots that are:

(1) Public utility lots so long as said lots are directly involved in providing public utility service; (2) A lot made nonconforming solely by reason of a dedication to or acquisition by the city or other government agency, directly or by eminent domain, for a public purpose; or (3) An undeveloped lot which was lawfully created but by reason of any subsequently adopted ordinance or regulation does not now conform to the provisions of this code applicable to the zone in which the lot is situated. (Ord. 393-C.S., passed 5-18-93)

(A) Notification to the owner of record of any nonconforming use, structure or lot subject to termination pursuant to this subchapter shall be provided in writing by the Community Development Department, served by certified, return receipt first class mail, of the pending termination. The notification shall contain the following information: (1) The location of the nonconforming use, structure or lot including street address and assessor's parcel number; (2) The section of this code requiring the termination; (3) The effective date of said termination; and (4) The process of appeal of said termination. (B) The owner of the nonconforming use, structure or lot may appeal the proposed termination pursuant to the following administrative procedure: (1) Within 30 calendar days of service of the notification of the proposed termination the owner or other person with an interest in the property may file a written appeal to the Community Development Director. The request shall state all reasons, including but not limited to alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective. (2) Within 30 calendar days of service of said appeal the Community Development Director shall meet with the owner and/or his/her representative to discuss the termination and the appeal. No later than ten calendar days following the meeting the Community Development Director shall provide written notice of his/her decision to the owner. (3) No later than 15 days of service of said written decision by the Community Development Director, the owner may appeal the decision to the City Council by submitting a written notification of the appeal to the City Clerk and paying an appeal fee as established from time to time by resolution of the City Council. (4) No later than 45 days from the receipt of the appeal, the City Clerk shall place the appeal on the City Council's agenda and shall cause notice of said appeal to be published once. (5) The City Council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the City Council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action. (C) Notwithstanding procedures provided for in this section, nothing shall prohibit the owner of a nonconforming use from requesting relief from action as provided for by this subchapter. (Ord. 393-C.S., passed 5-18-93) § 153.425 REQUEST FOR RELIEF.

shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action. (C) Notwithstanding procedures provided for in this section, nothing shall prohibit the owner of a nonconforming use from requesting relief from action as provided for by this subchapter. (Ord. 393-C.S., passed 5-18-93) § 153.425 REQUEST FOR RELIEF.

In addition to any other provisions of this subchapter, the following provisions for relief are available to owners of nonconforming uses, structures or lots: (A) Any owner of a nonconforming use subject to termination under the provisions of this subchapter may apply to the Planning Commission for a conditional use permit and/or a variance, as applicable. (B) Any owner of a nonconforming structure subject to termination under provisions of this subchapter may apply to the Planning Commission for a variance. (C) Any owner of a nonconforming lot unable to comply with the provisions of this subchapter may apply to the Planning Commission for a variance. (Ord. 393-C.S., passed 5-18-93)

The Community Development Director shall be responsible for enforcement of this subchapter. Actions of the Department shall include, but not be limited to the following:

(A) The business license of a nonconforming use subject to termination shall be revoked as provided for in Chapter 110 of this code;

(B) No permit shall be issued for a nonconforming structure nor a nonconforming lot subject to termination;

(C) Such actions for public nuisance abatement as may be provided for in Chapter 98 of this code; or

(D) Such code enforcement actions as may be provided for in this code.

(Ord. 393-C.S., passed 5-18-93)

The provisions of §§ 153.420 through 153.426 above shall apply to the amortization and discontinuance of nonconforming massage establishments, except to the extent they are modified by the provisions of this section.

(A) All massage establishments which have a valid certificate of operation under Chapter 122 of this Code prior to January 20, 2015 shall be required to have applied for a conditional use permit no later than January 20, 2018. Any change to the approved floor plans during this time period shall require written approval from the Community Development Department prior to such change.

(B) Any massage establishment in operation on January 20, 2015 which had a conditional use permit prior to the adoption of Ordinance 591-C.S. on September 20, 2011 need not obtain a new conditional use permit and such conditional use permit shall be considered valid. However, all such businesses shall be required to immediately comply with the provisions of Chapter 122 of this Code as amended.

(C) Discontinuation of use. A nonconforming massage establishment use shall terminate if it is discontinued for a period of 90 consecutive days.

(Ord. 618-C.S., passed 1-20-15; Am. Ord. 619-C.S., passed 4-21-15)

MINOR MODIFICATIONS

(A) The Community Development Director shall have the authority to grant, subject to appeals to the City Council, modifications as follows:

(1) Modifications of the rear yard, side yard, lot coverage, floor area ratio, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a 20% variation, or 10% variations for properties located within the R-1 Zone, from existing regulations;

(2) Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such modifications do not exceed a 20% variation from existing regulations;

(3) Reduction of other than ADA-required accessible parking by two spaces; but

(a) Not to exceed 10% of the total parking requirement; and

(b) Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and

(c) Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed.

(4) Any other modification authorized by the San Gabriel Municipal Code pursuant to these provisions.

(B) The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a modification for the decision of the Planning Commission without further fee to the applicant.

(C) All acts performed pursuant to the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this chapter or to the map adopted by the provisions of this chapter.

(Ord. 526-C.S., passed 7-16-02; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

(A) Form. Applications for modifications shall be made in writing to the Community Development Department in such form as approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto.

(B) Supplementary information. Applications for modifications shall be accompanied by the following:

(1) A reference to the provisions of this chapter from which such property is sought to be excepted; and

(2) Written consent to the modification from all property owners abutting the property and within 65 feet of the property, regardless of whether such property actually abuts the property which is the subject of the modification, or a statement indicating which property owners refused to provide such consent and the reasons therefor if known. Written consent from all property owners shall only be a factor to be considered and does not divest the Community Development Director, the Planning Commission, or the City Council of the discretion to deny a minor modification application.

(C) Fees. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1904) (Ord. 933, passed - - ; Am. Ord. 197-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - -; Am. Ord. 526-C.S., passed 7-16-02)

If the applicant has been unable to obtain the consent of all property owners as specified in § 143.441(B)(3) above, the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten days nor more than 40 days after submittal of a complete application. Not less than ten days before the date of such hearing, notice shall be given by mailing, postage prepaid, to the owners of all property abutting and within 65 feet of the exterior boundaries of the subject property. ('65 Code, § 9-3.1905) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and

modifications.

('65 Code, § 9-3.1906) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

Appeals from decisions of the Community Development Director shall be made in writing directly to the City Council in the time and manner specified in § 153.004. ('65 Code, § 9-3.1907) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

No permit or license shall be issued for any use or construction involved in an application for a modification until the decision on such application shall have become final by reason of the expiration of the time to make an appeal.

('65 Code, § 9-3.1908) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

If for a period of six months any use or construction authorized by any modification is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such modification shall become null and void and of no effect.

('65 Code, § 9-3.1909) (Ord. 933, passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

An extension of time for any modification maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of such six months period. Such request shall set forth the reasons, supported by factual data, why the modification has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any modification shall be granted unless the Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original modification was granted after an appeal to the City Council, then the City Council shall consider the request for an extension. A fee shall be paid to the city upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter. ('65 Code, § 9-3.1910) (Ord. 933, passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

DENSITY BONUS

The purpose of this subchapter is to provide incentives for the production of housing for very low income, low income, moderate income, and senior households in accordance with Cal. Gov’t Code §§ 65915 - 65918 (i.e., state density bonus law). In enacting this subchapter, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the city's General Plan. (Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

All terms used in this subchapter shall have the meanings established by state density bonus law. Where terms are not defined by state density bonus law, definitions in this Zoning Code shall apply. AFFORDABLE HOUSING AGREEMENT. An agreement between the applicant and the city guaranteeing the affordability of rental or ownership units to very low, low, or moderate-income households in accordance with the provisions of this subchapter. APPROVING BODY. The person, commission or the City Council approving the housing development to which the density bonus request is a part. Where there is an appeal, the APPROVING BODY shall mean the commission or the City Council that is hearing the appeal. BELOW MARKET RATE UNIT. A dwelling unit within a housing development reserved for sale or rent at an affordable housing cost to very low, low, or moderate-income households. INCENTIVE OR CONCESSION. (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in the Cal. Health and Safety Code, Part 2.5 (commencing with § 18901) of Division 13 including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Cal. Health and Safety Code, or for rents for the units that qualified the applicant for the density bonus award; (2) 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 (3) Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Cal. Health and Safety Code, or for rents for the units that qualified the applicant for the density bonus award. STATE DENSITY BONUS LAW. Cal. Gov’t Code §§ 65915 et seq., as the same may be renumbered or amended from time to time. (Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) The granting of a density bonus, incentive(s) or concession(s), as provided for in this subchapter, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(B) The request for a density bonus and proposals for incentives/concessions or waivers/ modifications of development standards shall be made in writing at the time of filing the housing development application and shall be processed in conjunction with the underlying application, and shall be accompanied by a fee in an amount established by resolution of the City Council. The information required to be submitted in the application shall be set forth on a checklist provided by the Community Development Department. (C) When multiple projects are being considered together for a density bonus, the projects shall be submitted as one application.

(D) If the applicant requests a meeting with the city to discuss the proposal, the Community Development Director or his or her designee shall meet with the applicant within 21 working days of receipt of such request. The meeting shall be for information purposes only and the proposal shall still be acted upon in conjunction with the underlying housing development application.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

The city shall grant a density bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in state density bonus law to a qualifying project pursuant to state density bonus law.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) An applicant for a density bonus shall be granted the incentive(s) or concession(s) requested by the applicant unless the approving body makes a written finding required by Cal. Gov’t Code § 65915(d)(1).

(B) The applicant shall be entitled to receive the number of incentives or concessions as provided by Cal. Gov’t Code § 65915(d)(2).

(C) This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements. However, if the city does provide a direct financial contribution through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the applicant shall be required to enter into an affordable housing agreement for 30 years.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 636-C.S., passed 8-15-17; Am. Ord. 690, passed 7-18-23)

The city shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria described in state density bonus law at the densities or with the concessions or incentives permitted by this subchapter unless it makes one or more of the findings required by Cal. Gov’t Code § 65915(e)(1). (Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) An applicant shall agree to, and the city shall ensure, continued affordability of all below market rate units that qualified the applicant for the density bonus award for the amount of time required by state density bonus law.

(B) An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost. The city shall enforce an equity sharing agreement required pursuant to Cal. Gov’t Code § 65915(c)(2) unless it conflicts with the requirements of another public funding source or law.

(C) Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement which shall be approved by the City Attorney's office, shall be recorded and shall run with the land.

(D) When land is donated pursuant to Cal. Gov’t Code § 65915(9) an affordable housing agreement shall be required for the transferred land and for any very low-income rate units built on such land; the period of time during which the below market rate units are required to remain affordable shall be in accordance with Cal. Gov’t Code § 65915(g)(2) (E).

(E) If the applicant has received a density bonus or incentive for providing a childcare facility pursuant to Cal. Gov’t Code § 65915(h), the childcare facility shall comply with the requirements of Cal. Gov’t Code § 65915(h)(2) as conditions of approval, which shall also be included in the affordable housing agreement.

(F) The owner of the property shall be required to pay the city an annual fee based on the actual hours incurred by staff in monitoring the compliance with the terms of the affordable housing agreement. The fee shall be in an amount established by resolution of the City Council.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) The density bonus units shall be permitted in geographic areas of the housing development as described by state density bonus law.

(B) Unit types shall be located so as not to create a geographic concentration of below market rate units within the residential development.

(C) Below market rate units shall be consistent with the standards for inclusionary units provided for in § 153.453.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) Upon request of the developer of a housing development qualifying for a density bonus pursuant to this subchapter, the city shall permit vehicular parking ratios, inclusive of handicapped and guest parking, consistent with state density bonus law.

(B) An applicant may request additional parking incentives or concessions beyond those provided in this section.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

(A) Applicants applying for a conversion of apartments to a condominium project shall be eligible for a density bonus or any incentives or concessions pursuant to this subchapter only if the requirements related to replacement of existing very low- or low-income units in Cal. Gov’t Code § 65915(c)(3) are complied with.

(B) An applicant for approval to convert apartments to a condominium project may submit a preliminary proposal to the Community Development Department prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which this section shall be applied to the project.

(C) Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

Any appeal relating to any issue regarding density bonuses, including but not limited to incentives, concessions, or waivers/modifications of development standards, shall be handled in the same manner as an appeal for the underlying housing development.

(Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

Any housing development application requesting a density bonus, incentive/concession or waiver/ modification shall be subject to CEQA. (Ord. 548-C.S., passed 8-15-06; Am. Ord. 690, passed 7-18-23)

Any housing development application requesting a density bonus, incentive/concession or waiver/ modification shall be subject to CEQA. (Ord. 548-C.S., passed 8-15-06)

AMENDMENTS

The Council may, from time to time, after a report thereon by the Commission and after public hearings as required by law, amend, supplement, or change the regulations and zones established by the provisions of this chapter. An amendment, supplement, or change may be initiated by the Council, the Commission, or by petitions of property owners or contract purchasers in escrow.

('65 Code, § 9-3.2001) (Ord. 556, passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

Whenever the owner of any improved or vacant land or building desires a reclassification of his property, he shall present to the Community Development Department an application, duly signed and acknowledged by him, requesting an amendment, supplement, or change of the regulations prescribed for such property. ('65 Code, § 9-3.2002) (Ord. 556, passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

At the time of filing any such application for a change in the regulations prescribed in this chapter, a uniform fee in an amount established by the City Council, from time to time, by resolution, shall be charged to cover the costs of making maps, sending notices, and other administrative expenses incidental to the proceedings set forth in this subchapter. ('65 Code, § 9-3.2003) (Ord. 556, passed - - ; Am. Ord. 197-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

The Commission shall hold such hearings as may be required by law for amendments, extensions, or additions to the Zoning Map of the city, for recommendations upon the boundaries of the zones to be changed, and on such other matters as may be related to such application and shall take final action upon the application within 90 days after the filing thereof.

('65 Code, § 9-3.2004) (Ord. 556, passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

The Council, after the receipt of the report and recommendation from the Commission, shall hold a public hearing on the application for a change in the regulations prescribed in this chapter, duly noticed as required by Cal. Gov't Code §§ 65854, 65090, and 65091.

('65 Code, § 9-3.2005) (Ord. 556, passed - - ; Am. Ord. 790, passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

The Council, from time to time, may amend, supplement, or change the General Plan in accordance with the procedures pertinent to the amendment, supplement, or change in the zoning regulations or zones as set forth in this subchapter; provided, however, the procedures set forth in Cal. Gov't Code §§ 65350 et seq., shall be applicable; and further provided at the time of filing any application for a change in the General Plan, a uniform fee in an amount established by the City Council, from time to time, by resolution, is paid to the city to cover the costs of making maps, sending notices, and other administrative expenses incidental to the proceedings set forth in this subchapter. ('65 Code, § 9-3.2006) (Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

ADMINISTRATION AND ENFORCEMENT

It shall be the duty of the Community Development Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

('65 Code, § 9-3.2101) (Ord. 556, passed - - )

It shall be the duty of the City Clerk and all officials charged with the issuance of licenses to enforce the provisions of this chapter pertaining to the use of land or buildings for which any license is required by any other law of the city.

('65 Code, § 9-3.2102) (Ord. 556, passed - - )

It shall be the duty of the Police Chief and all officers charged with the enforcement of the law to enforce the provisions of this chapter.

('65 Code, § 9-3.2103) (Ord. 556, passed - - )

Any building or structure set up, erected, built, moved, or maintained and/or any use of property contrary to the provisions of this chapter shall be unlawful and a public nuisance. The City Attorney shall, upon order of the Council, immediately commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this chapter.

('65 Code, § 9-3.2104) (Ord. 556, passed - - ) Penalty, see § 153.999

(A) The purpose of §§ 153.484 through 153.490 is to provide a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the “Acts”) to request reasonable accommodation in the application of the city’s land use regulations and to establish relevant criteria to be used when considering such requests.

(B) Sections 153.484 through 153.490 are intended to apply to those persons who are defined as disabled under the Acts.

(C) Sections 153.484 through 153.490 are intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in these sections shall be interpreted to require the city to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request.

(Ord. 590-C.S., passed 3-1-11)

A request for reasonable accommodations may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

(Ord. 590-C.S., passed 3-1-11)

(A) Requesting reasonable accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information:

(1) The applicant’s name, address, telephone number, and e-mail address;

(2) Address of the property for which the request is being made;

• (3) The current actual use of the property;

• (4) The basis for the claim that the individual is considered disabled under the Acts;

(5) The zoning code provision, regulation, or policy from which reasonable accommodation is being requested;

• (6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(B) If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant.

(C) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

(Ord. 590-C.S., passed 3-1-11)

(A) The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.

(B) Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by § 153.264 of this code. The determination shall be based on the ability to make the required findings as set forth below.

(C) Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.

(Ord. 590-C.S., passed 3-1-11)

(A) The following findings must be analyzed, made and adopted before any action is taken to approve, conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial:

• (1) The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts:

• (2) The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

• (3) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city;

• (4) The reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

• (5) The impact on surrounding uses does not negatively impact the public health, safety, and welfare;

• (6) The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate;

(7) There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code;

(8) The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood.

(Ord. 590-C.S., passed 3-1-11)

(A) In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by § 153.488.

(B) Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

(C) Any approval or conditional approval of an application under §§ 153.484 through 153.490 may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. 590-C.S., passed 3-1-11)

The decision of the Community Development Director or the Planning Commission may be appealed as set forth in § 153.004.

(Ord. 590-C.S., passed 3-1-11)

WIRELESS TELECOMMUNICATIONS EQUIPMENT

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MICROWAVE ANTENNA. Any device with a function of receiving or transmitting microwave signals.

MONO-POLE TOWER. Any tower consisting of a single structural pole on which telecommunication sending or receiving devices are attached. RADIO TOWER. Any tower or pole on which devices are located to transmit or receive radio broadcasts.

SATELLITE DISH. Any device with a primary function of either receiving from or sending a signal directly to a satellite in orbit.

WIRELESS TELECOMMUNICATIONS EQUIPMENT. Any equipment or device which serves to receive or send signals without the direct use of wires or cables, or to support such equipment or device, including, but not limited to microwave antenna, satellite dishes, television and radio antennae which are larger than two square meters in area. Antennae capable only of receiving UHF or VHF signals are specifically precluded from this definition. (Ord. 480-C.S., passed 6-3-97)

The City Council hereby finds that regulations and conditions for the installation of wireless telecommunications equipment is necessary for the following reasons:

(A) Towers and mono-poles inadequately installed or located in areas of high concentrations of people may pose a safety threat to the public; and

(B) Without appropriate regulatory review, the city has no control over the location of wireless telecommunication equipment to protect the public health, safety and welfare; and

(C) Appropriate regulatory review is possible without undue burden on access to telecommunication services. (Ord. 480-C.S., passed 6-3-97)

(A) Front Yard Prohibited. No wireless telecommunication equipment shall be located in the front yard of any residentially zoned parcel in the city; nor shall any telecommunication equipment be located on a building or roof facing on the front yard of a residentially zoned parcel, unless such location is the only feasible location from which signals can be received and a conditional use permit has been first obtained. Satellite dishes and microwave antennae of one meter or less in diameter shall be exempt from the general prohibition and conditional use permit requirement of this section, unless necessary to preserve an historic district listed or eligible for listing in the National Register of Historic Places.

(B) Side Yard Prohibited. No wireless telecommunication equipment shall be located in the side yard of any residentially zoned parcel in the city unless said side yard is greater than 4.6 meters in width, inclusive of any driveway located therein, unless such location is the only feasible location from which signals can be received and a conditional use permit has been first obtained. Satellite dishes and microwave antennae of one meter or less in diameter shall be exempt from the general prohibition and conditional use permit requirement of this section, unless necessary to preserve an historic district listed or eligible for listing in the National Register of Historic Places.

(C) Rear Yard Restrictions.

(1) Satellite dishes and microwave antennae of one meter or less in diameter measured at its widest point, and one meter or less in height measured from the dish or antenna mid-point to the adjoining grade shall be permitted to be located on the ground not less than a distance equal to the height of the dish or antenna from any property line.

(2) Satellite dishes and microwave antennae greater than one meter in diameter measured at its widest point, or more than one meter in height measured from the dish or antenna mid-point to the adjoining grade, shall be permitted to be located on the ground not less than a distance equal to the height of the dish or antennae from any property line, after having first obtained a building and electrical permit from the city and paying a fee therefor.

(3) All satellite dishes and microwave antenna greater than one meter in diameter measured at its widest point proposed to be attached to the side or rear of a building or upon the roof of any building, except in the front of the building, shall be required to first apply for and receive approval from the Design Review Commission and obtain a building and electrical permit from the city and paying a fee therefor.

(D) No radio tower or mono-pole tower greater than four and one-half meters in height shall be permitted in a residential zone without having first obtained a conditional use permit from the city. The conditional use permit application shall be in accordance with §§ 153.241 through 153.248 of the Municipal Code.

(E) Amateur radio towers shall be permitted in the rear yard of residentially zones properties after having obtained a conditional use permit. Amateur radio antenna towers shall be limited to a total height of ten and one-half meters, including any antennae attached thereto, and a maximum width of three meters at any point. (Ord. 480-C.S., passed 6-3-97)

Wireless telecommunications equipment is permitted on commercial and manufacturing zoned parcels (C-1, C-3, and M-1) subject to the following conditions: (A) Mono-pole towers and radio towers are permitted in commercial and manufacturing zoned parcels provided the height does not exceed 21 meters above the adjoining grade and a conditional use permit has first been obtained. Any height greater than 21 meters shall require the issuance of a variance.

(B) Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter are permitted on the roof of a commercial building in a commercial or manufacturing zone upon payment of a fee established by Council resolution. Unless a conditional use permit is first obtained, the equipment must comply with the following requirements: (1) Wireless communications equipment, microwave antennae and satellite dishes shall not be located closer then three meters to any side of the building, unless attached to the building. (2) Wireless communications equipment, microwave antennae and satellite dishes shall not exceed two and one-half meters in height measured from the top of the nearest exterior parapet wall. (3) The total height of the equipment shall not exceed the maximum height of structures permitted in the commercial and manufacturing zone in which it is located. (4) Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter must be painted a color designed to blend with the background. The proposed color shall be subject to the approval of the Community Development Director, or his designee. (5) The supporting structure of any wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter shall be designed with tubular members with no diagonal bracing visible from public view.

(C) Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter are permitted on the side of a commercial building in a commercial zone provided a conditional use permit has first been obtained, and design approval has been granted by the Design Review Commission. The following guidelines shall be considered in the review of such applications:

(1) The equipment does not protrude into any required setbacks.

(2) The equipment is enclosed in a housing which architecturally blends with the existing building.

(3) The location is not within a 100 meter radius of another wireless communication equipment.

(4) No wireless telecommunication equipment shall be permitted to be located on the ground of any commercial and manufacturing zoned parcels. Satellite dishes and microwave antennae of two meters or less in diameter shall be exempt from the general provisions of this section.

(D) Lighting designed to illuminate wireless telecommunications facility or equipment is prohibited.

(E) Upon termination of use, the telecommunication equipment, facility or tower must be removed within 30 calendar days of the termination of use.

(F) Certification that the wireless communication equipment, facility or tower complies with Federal Communication Commission (FCC) guidelines regarding all health and safety regulations shall be submitted to the city prior to obtaining building permits.

(G) Certification that the applicant for wireless telecommunication equipment, facility or tower is authorized to operate such equipment, facility or tower from the California Public Utility Commission (PUC) and the Federal Communication Commission (FCC), if authorization is legally required, shall be presented with any application to the city for such equipment, facility or tower.

(Ord. 480-C.S., passed 6-3-97)

In addition to the conditions set forth in the aforementioned sections, the following standards shall be considered, and appropriate conditions imposed, by the approving body when conditional use permit is required.

• (A) Could the tower cause damage to property if felled.

• (B) Could the tower disrupt travel in a public right-of-way if felled.

(C) Does the tower contain sufficient support to meet engineering design standards in effect at the time of installation.

(E) Does the tower create an undue negative impact on the visual appearance of the neighborhood.

(F) Do the guide wires create a safety concern for adjoining properties or public rights-of-way.

(Ord. 480-C.S., passed 6-3-97)

All wireless telecommunication equipment, facilities and towers proposed to be located on property owned by any public or private school shall be subject to the requirements of § 153.503 of the Municipal Code.

(Ord. 480-C.S., passed 6-3-97)

All wireless telecommunication equipment, facilities and towers proposed to be located on any property owned by the city or in any public right-of-way within the city shall first obtain a permit or franchise as provided for herein.

(A) An application shall be submitted and fee paid for as set by Council resolution.

(B) The Design Review Commission may review, at City Council direction, the proposed plans for the wireless telecommunication equipment, facility or tower for its architectural compatibility and make a recommendation to the City Council.

(C) The City Council may approve, approve with conditions, or disapprove any application presented to it and may require a franchise if deemed appropriate. The decision of the Council shall be final.

(D) A license fee and/or franchise fee for use of the public property or right-of-way shall be set by the Council

(Ord. 480-C.S., passed 6-3-97)

CANNABIS PROHIBITION AND PERSONAL CULTIVATION REGULATIONS

(A) The purpose of the provisions of §§ 153.515 through 153.523 is to expressly prohibit the establishment of commercial cannabis uses in the city relating to medical cannabis and adult use cannabis and impose reasonable regulations relating to personal cultivation in private residences and accessory structures.

(B) The City Council finds that the prohibition on commercial cannabis activity is necessary for the preservation of and protection of the public health, safety, and welfare of the city. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare. (Ord. 642-C.S., passed 12-19-17)

For purposes of this subchapter, the following definitions shall apply:

AUTHORIZED GROWER. A person 21 years and older who is authorized by, and in compliance with, state law and the provisions of this subchapter relating to the cultivation of cannabis for personal use. CANNABIS. All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis, and any product containing cannabis. CANNABIS includes cannabis that is used for medical, non-medical, or other purposes. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5. COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products for non-medical, medical or any other purpose, and includes the activities of any business licensed by the state or other government entity under Cal. Bus. & Prof. Code, Div. 10 or any other provision of state law that regulates the licensing of cannabis businesses. COMMERCIAL CANNABIS FACILITY. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Cal. Business and Professions Code §§ 26000 et seq. including, but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, cannabis deliveries, the sale of any cannabis products, and the operation of cannabis microbusinesses. CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer. FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building that complies with the California Building Code (“CBC”) as adopted by the City of San Gabriel, or if exempt from the permit requirements of the CBC, a structure that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If skylights are used, security bars shall be added to the skylights. The structure must provide complete visual screening. INDOORS. Within a fully enclosed and secure structure. MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Cal. Bus. & Prof. Code, Div. 10 (§§ 26000 et seq.) as the same may be amended from time to time. MEDICINAL CANNABIS DELIVERY-ONLY RETAILER. A retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with Cal. Health & Safety Code § 11362.765. MEDICINAL CANNABIS OR MEDICAL CANNABIS. Cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who had determined that the person’s health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome (AIDS), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide a relief as defined in subsection (h) of Cal. Health & Safety Code § 11362.7. OUTDOORS. Any location that is not within a fully enclosed and secure structure. PERSON. Any person, firm, corporation, partnership, joint venture, limited liability company, collective, cooperative, non-profit, trust, estate, association, club, receiver, syndicate, society, or other organization. The term PERSON shall include any owner, manager, proprietor, employee, volunteer or salesperson. PRIMARY CAREGIVER. The meaning set forth in Cal. Health & Safety Code § 11362.5(e) and 11362.7(d). PRIVATE RESIDENCE. A house, apartment unit, condominium, mobile home, or other similar dwelling that is lawfully used as a residence. QUALIFIED PATIENT. The meaning set forth in Cal. Health & Safety Code § 11362.7(f). (Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

(A) Commercial cannabis activities, whether or not for profit, are expressly prohibited in all zones in the City of San Gabriel, including all specific plan areas and overlay zones. No person shall establish, operate, conduct, allow or engage in a commercial cannabis activity anywhere within the city. This prohibition includes any type of business enterprise where cannabis is complimentarily provided as part of any other non-cannabis related business activity.

(B) A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owner or controlled by that property owner that is located in the city.

(C) No person shall conduct any deliveries that originate within the city, but the city shall not prohibit the use of city streets or deliveries that terminate within the jurisdictional limits of the city, except for delivery-only medicinal cannabis retailers in compliance with this chapter.

(D) This section is meant to prohibit all activities for which a state license is required pursuant to the MAUCRSA. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the AUMA, including any local license to a non-profit entity pursuant to Cal. Bus. & Prof. Code § 26070.5.

(E) Except as provided in § 153.519, all cultivation of cannabis is expressly prohibited in all zones in the City of San Gabriel. (Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

(A) Conditional use permit. A conditional use permit issued pursuant to § 153.204 through § 153.248 for a medicinal cannabis delivery-only retailer must include, as conditions of approval, the operational standards set forth in this section. In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police

Chief, that implements not only the operations standards set forth in this section, but such additional conditions that the Police Chief finds reasonably necessary to implement the purpose of this title when considering the location and size of the proposed medicinal cannabis delivery-only retailer. (B) Delivery-only. No storefront operations (no walk-in customers). (C) Distance requirements. (1) Not within 600 feet of a school, park, licensed daycare facility, youth center, or licensed drug or alcohol rehabilitation facility; or

(2) Within 1,000 feet of any parcel where another medicinal cannabis delivery-only retailer is operating.

(3) Delivery must be to a legal physical property address.

(D) Sunset clause; automatic repeal. This section is adopted pursuant to the legal mandate imposed by Cal. Business and Professions Code § 26320. As set forth in this section, the regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California legislature or be invalidated by a court of competent jurisdiction.

(E) Responsibility for compliance. The owners and operators of a medicinal cannabis delivery-only retailer, together with any person listed as the permittee or applicant on the medicinal cannabis delivery-only retailer application, are responsible for ensuring that the medicinal cannabis delivery-only retailer is, at all times, operating in a manner compliant with the applicable law.

(F) Required permits to operate. It is unlawful for any person to engage in or operate a medicinal cannabis delivery-only retailer in the city unless the person: (1) Has a valid medicinal cannabis delivery-only retailer permit from the city; and

(2) Is in compliance with all applicable law governing the medicinal cannabis delivery-only retailer, including the duty to obtain and maintain any required state license(s). (G) Suspension or termination of delivery privileges. A medicinal cannabis delivery-only retailer permitted pursuant to this chapter may have its delivery privileges suspended or terminated by the City Manager, or designee, if the medicinal cannabis delivery- only retailer is found to have violated this chapter. (H) Applications. (1) Medicinal cannabis delivery-only retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application. (2) Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution. (3) The application must identify the address of the location where the medicinal cannabis delivery-only retailer is proposed to operate. (4) No person may apply for medicinal cannabis delivery- only retailer permit until and unless a conditional use permit issued pursuant to this code authorizes a medicinal cannabis delivery-only retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a medicinal cannabis delivery-only retailer permit required by this chapter. Before an application for a medicinal cannabis delivery-only retailer permit will be accepted by the city for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a medicinal cannabis delivery-only retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related used on the subject property must accompany the application for a medicinal cannabis delivery-only retailer permit. Only one application per parcel will be accepted and processed by the city at a given time. If an application for a medicinal cannabis delivery-only retailer permit is denied, a subsequent application for a medicinal cannabis delivery-only retailer permit on the same parcel may be accepted by the city only after one year following the denial is final and all available administrative and judicial remedies are exhausted. (5) Completed applications must be submitted to the City Manager or designee. Only complete applications will be considered. An application is complete if it is submitted with all the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The city may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will not be considered “received” until the date that all requested supplemental information is provided to the City Manager, or designee. (6) The City Council may, by resolution, establish minimum threshold qualifications for all medicinal cannabis delivery-only retailer permit applications including without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.

applications including without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a medicinal cannabis delivery-only retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.

(I) Expiration. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter must be activated within 30 days after the city approves the medicinal cannabis delivery-only retailer permit. Activation occurs when the permittee pays all fees required by this chapter; accepts all conditions; provides evidence that it was issued a valid conditional use permit and provides evidence that has applied with the State of California for all required permits. Each medicinal cannabis delivery-only retailer permit issued pursuant to this chapter expires 12 months after the date it is issued. Medicinal cannabis delivery-only retailer permits may be renewed as provided in this chapter. (J) Renewals.

(1) An application for renewal of a medicinal cannabis delivery-only retailer permit must be filed at least 60 calendar days before the expiration of the current permit. (2) The renewal application must contain all of the information required for a new application.

(3) The renewal application must be accompanied by a renewal fee established by City Council resolution.

(4) The renewal application must be denied if any of the following circumstances exists:

(a) The renewal application is filed less than 60 calendar days before expiration of the permit;

(b) The medicinal cannabis delivery-only retailer permit is suspended at the time of the renewal application;

(c) The medicinal cannabis delivery-only retailer has not been in regular and continuous operation in the four months before the renewal application;

(d) The medicinal cannabis delivery-only retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law; or

(e) The permittee does not possess a valid license from the State of California, if required by law.

(5) The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect public health, safety, or welfare. (6) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit, they must file a new application as set forth in this chapter.

on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect public health, safety, or welfare. (6) If a renewal application is denied for any reason, and if the permittee wishes to obtain another medicinal cannabis delivery-only retailer permit, they must file a new application as set forth in this chapter.

(K) Prohibition on transfer of permits. It is unlawful for any person to operate as a medicinal cannabis delivery-only retailer at any location other than the location specifically authorized and identified on a city-issued medicinal cannabis delivery-only retailer permit. No person may transfer an ownership interest, ownership, or control of a medicinal cannabis delivery-only retailer business or transfer any medicinal cannabis delivery-only retailer permit issued under this chapter. It is unlawful for a medicinal cannabis deliveryonly retailer permittee to sell or transfer a medicinal cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void.

ful for a medicinal cannabis deliveryonly retailer permittee to sell or transfer a medicinal cannabis delivery-only retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a medicinal cannabis delivery-only retailer, or of a medicinal cannabis delivery-only retailer permit, will automatically render the medicinal cannabis delivery-only retailer permit void.

(L) Revocation and suspension. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a medicinal cannabis delivery-only retailer permit for the following reasons: (1) Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable; (2) If the permittee violates any condition imposed by this chapter or by the terms of the permit; or (3) Violation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction. (M) Operations standards. (1) To operate a medicinal cannabis delivery-only retailer business, an applicant must obtain and maintain both licensure from the California Department of Consumer Affairs and a city business license. (2) It is unlawful for alcohol or tobacco to be sold. (3) Parking must be provided in accordance with the underlying zoning district. (4) It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property. (5) There shall be no advertisement of the use, including any building signage other than address identification numbers, direction or emergency signage required by law. (6) All cannabis and cannabis products sold or otherwise made available at a medicinal cannabis delivery-only retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law. (7) Each medicinal cannabis delivery-only retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer. (8) Uniformed security personnel must be employed to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the Operations Plan. (9) Odor control devices and techniques must be incorporated to ensure that odors from cannabis and cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building. (10) All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan. (11) All interior spaces of the retailer (except restrooms), all parking areas, and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the city as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the city issues a certificate of occupancy for the medicinal cannabis delivery-only retailer. (12) It is unlawful for a physician to be permitted in a medicinal cannabis delivery-only retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card. (13) Before dispensing medical cannabis or medical cannabis products to any person under the age of 21, the medicinal cannabis delivery-only retailer must verify that the person possesses a valid identification card. A medicinal cannabis delivery-only retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code § 11362.71 and a valid government-issued identification card. (14) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis delivery-only retailer.

ler may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code § 11362.71 and a valid government-issued identification card. (14) It is unlawful for any member of the public to be allowed on the premises of medicinal cannabis delivery-only retailer.

• (15) The premises must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan. (16) All food products, food storage facilities, food- related utensils, equipment, and materials must be approved, used, managed, and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code § 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with State and local laws. (17) No delivery driver may carry more than $200 in cash while engaged in the service of delivering cannabis or cannabis products. (18) It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.

(Ord. 702, passed 3-5-24)

(A) An authorized grower shall be allowed to cultivate cannabis for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence subject to the following regulations in addition to all regulations of state law:

• (1) The cannabis cultivation area shall be contained within one single room that shall not exceed 150 square feet.

• (2) The room must be securely locked and accessible only to individuals residing in the residence who are 21 years of age or older.

• (3) The cannabis plants shall not come within 12 inches of the ceiling or any cultivation lighting.

• (4) Cannabis cultivation lighting shall not exceed 1,200 watts in total for the total cultivation area within the residence.

(5) The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or non-flammable gas for cannabis cultivation or processing is prohibited. (6) There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence or accessory structure from the public right-of-way or any adjoining property, including but not limited to:

• (a) Visual observation of any cannabis plants;

• (b) Any form of signage indicating that cannabis plants were being grown inside the residence or accessory structure;

• (c) Visual observation of any equipment used in the growing and cultivation operation;

• (d) Unusual odors, smells, fragrances, or other olfactory stimulus;

• (e) Any light emanating from cultivation lighting.

• (7) The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

(8) If the authorized grower is not the owner of the private residence or fully enclosed and secure accessory structure to a person’s private residence, the owner must secure a signed statement that the authorized grower has permission to cultivate plans in accordance with the provisions of the AUMA and the corresponding SGMC chapter.

(9) The authorized grower shall not participate in cannabis cultivation in any other location within the city.

(10) The residence shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

(11) The cannabis cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Chapter 150 of the San Gabriel Municipal Code. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.

th the provisions of the applicable building and construction codes as set forth in Chapter 150 of the San Gabriel Municipal Code. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers and ventilation and filtration systems that prevent plant odors from exiting the interior of the structure.

(12) The cannabis cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

(13) Cultivation shall be limited to six cannabis plants, mature or immature, per private residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

(14) The cannabis plants and any cannabis in excess of 28.5 grams produced by plants must be kept in a locked space on the grounds of the private residence or accessory structure which space is not visible from the public right-of-way by normal unaided vision.

(B) No outdoor cultivation of cannabis plants shall be allowed in the City of San Gabriel, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of cannabis is lawful in the State of California under federal law.) (Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

It is hereby declared to be unlawful, a public nuisance and a violation of this subchapter for any person owning, leasing, occupying, or having charge or possession of any property within the city to cause or allow such property to be used in a manner which violates this subchapter. (Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

Any violation of this subchapter shall be punishable as a misdemeanor.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

Any use or condition caused, or permitted to exist, in violation of any provision of this subchapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Code of Civil Proc. § 731 or any other remedy available to the city.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

In addition to any other enforcement permitted by this subchapter, the City Attorney may bring a civil action for injunctive relief or the city may pursue administrative fines and penalties pursuant to Chapter 1.24 of this code against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party.

(Ord. 642-C.S., passed 12-19-17; Am. Ord. 702, passed 3-5-24)

LANDSCAPE

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATIC IRRIGATION CONTROLLER. An automatic timing device used to remotely control valves that operate an irrigation system.

CHECK VALVE (ANTI-DRAIN VALVE). A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. DRIP IRRIGATION. Any non-spray low volume irrigation system specifically designed to apply small volumes of water slowly at or near the root zone of plants utilizing emission devices with a flow rate measured in gallons per hour. EMITTER. A drip irrigation emission device that delivers water slowly from the system to the soil. GARDEN. A plot of ground where herbs, fruits, flowers, or vegetables are cultivated. HYDROZONE. A portion of the landscaped area having plants with similar water needs.

owly at or near the root zone of plants utilizing emission devices with a flow rate measured in gallons per hour. EMITTER. A drip irrigation emission device that delivers water slowly from the system to the soil. GARDEN. A plot of ground where herbs, fruits, flowers, or vegetables are cultivated. HYDROZONE. A portion of the landscaped area having plants with similar water needs.

LANDSCAPING. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. LOW VOLUME IRRIGATION. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. LOW VOLUME IRRIGATION systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. MULCH. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. NATIVE. Of indigenous origin to California. OVERHEAD IRRIGATION. Systems that deliver water through the air (e.g., spray heads and rotors). OVERSPRAY. The irrigation water which is delivered beyond the target area. PERVIOUS. Any surface or material that allows the passage of water through the material and into the underlying soil. RAIN SENSOR. A component which automatically suspends an irrigation event when it rains. RECYCLED WATER OR RECLAIMED WATER. Nonpotable water meeting all public health codes and standards that has been derived in any part from sewage through wastewater treatment so that it is suitable for beneficial reuse in landscape irrigation and decorative water features and is no longer considered wastewater. RECYCLED OR RECLAIMED WATER may also mean reusable wastewater from residential, commercial and industrial bathroom sinks, bath tub shower drains, and clothes washing equipment drains that is reused on site for landscape irrigation and decorative water features. Such RECYCLED OR RECLAIMED WATER is sometimes referred to as GRAY WATER . RUNOFF. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.

SOIL MOISTURE-BASED CONTROLLER. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 622-C.S., passed 11-17-15)

The applicant shall, first and foremost, follow the California Code of Regulations, Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7. Model Water Efficient Landscape Ordinance (MWELO). The specific purposes of the landscape regulations are to:

(A) Improve the appearance of the community by encouraging aesthetically pleasing landscape on public and private sites;

(B) Aid in energy conservation by providing shade from the sun and shelter from the wind;

• (C) Soften the appearance of parking lots and other development through the use of planting;

(D) Encourage conservation of water resources through the use of native and drought-tolerant plants with water-conserving irrigation practices;

(E) Minimize or eliminate conflicts between potentially incompatible but otherwise permitted land uses on adjoining lots through visual screening;

(F) Provide areas for residential gardening and raising of food crops;

(G) Preserve, maintain and provide new trees for the health and welfare of the city in order to preserve the scenic beauty, provide shade, enhance habitat, and promote the general welfare and prosperity of the city;

(H) Help restore the lost environmental value of the Los Angeles County flood control channels (Alhambra Wash, Rubio Wash) and enhance the washes as scenic community amenities;

• (I) Enhance pedestrian use by encouraging shaded sidewalks and accessible passageways;

(J) Enhance the ability of water to soak into soil or drain through surfaces to reduce impacts on storm drain infrastructure and risks of flooding;

(K) Replenish the local aquifer by providing increased ground water recharge;

(L) Increase use of permeable and porous materials;

(M) Utilize the street and its ability to capture, treat and convey stormwater;

(N) Minimize heat island effect through the use of tree canopies and light colored materials for paving; and

(O) Provide and restore habitat for the local wildlife.

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 622-C.S., passed 11-17-15)

The standards of this subchapter apply to all new buildings unless specifically stated.

(Ord. 601-C.S., passed 3-4-14)

A landscape and irrigation plan shall be submitted with the permit application for all new buildings.

(A) Information required. Landscape plans shall be drawn to scale and shall at a minimum include the following:

(1) Proposed plant locations, species, sizes, and water use needs (i.e., ample, moderate, or minimal as identified in the latest edition of the Sunset Western Garden Book or low, medium, or high as identified on the California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS). All water features shall be identified as high water use.

(2) Location and species type of any existing trees over six inches in diameter, and whether each such tree is proposed to be kept or to be removed.

(3) Location of any existing and/or proposed native or protected tree including methods for protection.

(4) Location of any existing and/or proposed garden areas.

(5) Irrigation plan that at a minimum indicates the location, type and size of all components of the irrigation system and demonstrates compliance with the requirements of this section.

(6) Any additional proposed landscape elements and any other measures to facilitate plant growth or control erosion.

(7) Location and type of any existing and/or proposed paving or hardscape material.

(B) Minor deviations. The landscape requirements in §§ 153.534 through 153.537 may be modified or waived through the approval of a minor deviation. The landscape plan shall clearly detail the modifications being requested from the provisions of these sections and how they reflect the purpose of the landscape requirements as stated in § 153.531. If an applicant can demonstrate that the purpose of the landscape requirements as stated in § 153.531 can be still be achieved, the Community Development Director, without public hearing, may grant minor deviations from ordinance requirements limited to the following:

(1) Minor modifications to approved landscaping, irrigation or grading plans which comply with the spirit and intent of this subchapter, including, but not limited to, revising or substituting plant varieties, container sizes, plant locations, irrigation specifications, hardscape components, berm heights, berm locations, slope features, and the like; and (2) Modifications of planting, installation and/or soil preparation details.

(C) Appeals . The Community Development Director’s decision may be appealed to the Planning Commission in writing within ten days after the decision of the Director. Appeals shall be heard in the same manner as provided for in §§ 30.10 through 30.16, except that a public hearing shall not be required in granting a minor deviation. The Director shall not approve more than one minor deviation per project.

als_ . The Community Development Director’s decision may be appealed to the Planning Commission in writing within ten days after the decision of the Director. Appeals shall be heard in the same manner as provided for in §§ 30.10 through 30.16, except that a public hearing shall not be required in granting a minor deviation. The Director shall not approve more than one minor deviation per project.

(D) Preparation by qualified person. Landscaping plans for residential projects consisting of five or more units and plans for all commercial, industrial, and institutional projects shall be prepared by a California registered landscape architect. Landscape plans for single-family residential projects in the R-1 Zone, shall be prepared by a licensed landscape architect, a licensed landscape contractor, or a licensed irrigation specialist.

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

The following design principles are general standards to be used by city staff and decision-makers in evaluating whether landscape plans conform to the requirements of this section. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations:

(A) Natural landscapes . Landscape designs should incorporate, build upon and complement existing natural landscapes using specimen trees, native vegetation (including canopy, understory, and ground cover) as well as habitat. Particular care should be given to preserve intact natural landscapes, if any.

(B) Responsive to local context and character . Landscape designs should build on the site’s and area’s unique physical characteristics, conserving and complementing existing natural features. Naturalistic design elements such as irregular plant spacing, undulating berm contours, and mixed proportions of plant species should be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. Selection and spacing of plant material should be reflective of the surrounding area’s character.

(C) Continuity and connection . Landscaping should be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Where the design intent and the surrounding landscape is naturalistic, plant materials should blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. Where the design intent and the surrounding landscape is formal, consistent or similar plant material and spacing should be utilized. Exceptions should be made when seeking to create a transition between uses and districts.

(D) Enhancing architecture . Landscape designs should be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements should be designed to complement architectural elevations and rooflines through color, texture, density, and form on both vertical and horizontal planes. Landscaping should be in scale with on-site and adjacent buildings. Plant material should be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and window boxes should be compatible with a building’s architectural character and could incorporate artistic elements.

(E) Composition . The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials should be arranged in a manner as to provide the following qualities and characteristics:

(1) Texture . Landscape designs should provide a textured appearance through the use of a variety of plant material rather than a single species. Contrasting large leaf textures with medium and small leaf textures, and using a variety of plant heights supports a natural aesthetic and provides more ecological services. Spacing of key landscaping components, such as trees and shrubs, should be consistent with the overall design approach of the landscape plan. Formal landscape designs benefit from a uniform spacing of plants, whereas varied spacing and clustering of trees is more compatible with a naturalistic design.

(2) Scale . Landscape design should include plant material of an appropriate scale to the space and/or structure(s) at their mature sizes. Trees, shrubs, and hedges, especially those used for screening and buffering, should display a fullness at maturity that is typical of the species.

(3) Color . Landscape designs should include a variety of plants to provide contrasting color to other plants in the design. Designs are encouraged to include flowering plants and especially a mix of plants that display colorful flowers throughout the year and support local birds, butterflies and pollinators. For ease of maintenance and water conservation, emphasis should be placed on flowering perennials shrubs and not annual color.

(4) Form . Landscape designs should consider the complete three-dimensional form of the landscape, not simply the form of individual elements. The interrelationship of all landscape elements can be considered so that the final design presents a coherent whole. Principles of feng shui or occidental garden designs should be taken into consideration when planning the garden’s form and design.

(F) Use of native and drought resistant plants . Landscape designs shall feature native and/or related plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the San Gabriel Valley and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. In the same manner, landscape designs shall utilize drought tolerant plant materials to the maximum extent feasible. The use of drought-tolerant plants should enrich the existing landscape character, conserve water and energy, and provide a pleasant and varied visual appearance as well as habitat for local wildlife.

stablishment of native habitats should be incorporated into the landscape design. In the same manner, landscape designs shall utilize drought tolerant plant materials to the maximum extent feasible. The use of drought-tolerant plants should enrich the existing landscape character, conserve water and energy, and provide a pleasant and varied visual appearance as well as habitat for local wildlife.

(G) Buffering and screening . The placement of natural landscape materials (trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and for screening the view of any parking or storage area, trash enclosure, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. Plant material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to allow for desired growth within a reasonable period of time. When used to screen an activity area such as a parking lot, landscape shall not obstruct the visibility of motorists or pedestrians or interfere with public safety.

(H) Sustainable practices . Sustainable stormwater management creates a system of managing stormwater through retention, treatment or infiltration.

(1) Rainwater harvesting is the collection, storage and use of runoff which is captured in a collection system such as a rain barrel or cistern.

FIGURE 153.534-(H)(1): RAINWATER HARVESTING SYSTEM

(2) Permeable or porous paving allows rainfall and runoff to pass through the paving into the ground below. Permeable paving allows for infiltration, slows down runoff and improves water quality.

FIGURE 153.534-(H)(2): PERMEABLE PAVING

(3) Rain gardens are small depressed areas that allow water to pool for a short amount of time and infiltrate into the ground. Rain gardens mimic terrain commonly found in natural landscapes. Rain gardens help to slow down runoff and improve water quality.

FIGURE 153.534-(H)(3): RAIN GARDENS

(4) Bioswales are shallow basins that use vegetation and soils to filter, treat and infiltrate rainfall and runoff. Often used to capture runoff from parking lots, bioswales can remove pollutants and sediments from runoff water.

FIGURE 153.534-(H)(4): BIOSWALE

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 622-C.S., passed 11-17-15)

The following areas shall be landscaped, and may count toward the total area of site landscaping required by zoning district regulations. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations.

(A) Required setbacks . All required setbacks in all zones, except for areas used for exit and entry, shall be landscaped.

(B) Lot perimeters . Landscape buffers shall be installed and maintained along side and rear lot lines between differing land uses, in accordance with the following standards.

(1) Required landscape buffers. Table 153.535-(B)(1), Required Landscape Buffers, shows when a buffer treatment is required, and of what type, based on the proposed and the adjoining use. Only the proposed use is required to provide the buffer yard. Adjoining uses are not required to provide the buffer yard. The type of buffer yard required refers to buffer yard-type designations as shown in Table 153.535-(B)(2), Buffer Yard Requirements. “-” means that a buffer yard is not required unless required by another section of this title.

TABLE 153.535-(B)(1): REQUIRED LANDSCAPE

(2) Buffer-yard types . Table 153.535-(B)(2), Buffer Yard Requirements, describes the minimum width, plant materials, and wall requirements for each type of buffer yard. The listed number of trees and shrubs are required for each 100 lineal feet of buffer yard. Trees shall be planted at least 40 feet on center. Natural areas with native vegetation or alternative planting materials which achieve equivalent buffering effects may be approved by the Community Development Director.

TABLE 153.535-(B)(2): BUFFER YARD REQUIREMENTS

FIGURE 153.535-(B)(2): BUFFER YARD REQUIREMENTS

(3) Width reduction for adjacent landscaped buffer . If an equivalent landscape buffer exists on the adjacent lot, the width of the required buffer may be reduced 50% provided that the abutting property owners have provided a written agreement ensuring the adjacent landscape buffer will be preserved and maintained.

(C) Building perimeters . The portions of a multi-family residential, commercial, industrial, or institutional building that front a public street shall have one or more landscape planters installed along a minimum 20% of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or corner side property line.

FIGURE 153.535-(C): BUILDING PERIMETERS

(D) Flood control channels. A 15-foot wide landscape buffer planted with drought tolerant plants, including a 12-foot wide service road and bike path, shall be provided along the outer edge of flood channel easements. In those cases where a strict compliance with the landscaping requirements set forth in this division may be a hardship on the property owner or the developer thereof, an alternate plan accomplishing the objectives of helping restore the lost environmental value of the Alhambra and Rubio washes and enhancing the washes as scenic community amenities may be submitted for review by the Community Development Director. The Community Development Director shall be authorized to disapprove, approve, or conditionally approve the alternate plan.

FIGURE 153.535-(D): RIVER CHANNEL EDGE CONDITIONS

(E) Parking areas. Parking areas as required by § 153.226, Parking Lot Landscaping and Screening.

(F) Parkways and street trees . Protect roots of street trees with engineered soil and provide sufficient space for above and below ground growth. Street trees form the canopy, provide shade, introduce seasonal color and define the street edge. The minimum installed street tree size should be 24-inch box to ensure long term survival of the tree and the ability for the tree to reach mature height rapidly.

(G) Unused areas . All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

(Ord. 601-C.S., passed 3-4-14)

(A) General . Landscaping may consist of a combination of groundcovers, shrubs, vines, trees, and garden areas. Landscape may also include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

(1) Plants having similar water use shall be grouped together.

(2) Except for garden areas, plant materials shall be selected from among those species and varieties known to thrive in the San Gabriel climate and where applicable, selected from an approved list maintained by the city.

(3) Installation of invasive plant species is prohibited as listed on the California Invasive Plant Council (Cal-IPC) list of Exotic Pest Plants of Greatest Ecological Concern in California.

(4) Site drainage shall be directed toward landscaped areas wherever feasible.

(B) Landscaped areas greater than 2,500 square feet . Where the total landscape area is equal to or greater than 2,500 square feet for commercial, industrial, and institutional projects or equal to or greater than 5,000 square feet for single-family and multi-family residential projects, the following landscape material limitations apply.

(1) Exclusive of garden areas, at least 60% of all plants and trees must be native or low water use.

(2) A maximum of 25% of the required landscape areas shall be turf or planted with other high water use plants except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit.

(3) The installation of turf on slopes greater than 25% is prohibited.

(4) No portion of turf areas shall be less than eight feet wide. Landscaped areas less than ten feet wide shall be irrigated with sub-surface drip or other technology that produces no over spray or runoff.

(C) Ground cover materials . Ground cover shall be of live plant material. Groundcover may include grasses. Pervious non-plant materials such as permeable paving, gravel, colored rock, cinder, bark, and similar materials shall not cover more than 15% of the area required to be landscaped, except with approval of a minor deviation to the landscape plan. Existing turf in residential zones may be replaced with synthetic grass or artificial turf, subject to said materials meeting design standards developed by the city. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

(D) Mulch . A minimum two inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or other special planting situations where mulch is not recommended. Stabilizing mulching products shall be used on slopes.

(E) Size and spacing . Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of the following size and spacing at the time of installation. The figures contained in this section are for illustrative purposes only and do not imply that the concept illustrated be implemented precisely as shown but rather in a manner consistent with the purpose of these regulations:

• (1) Ground covers . Ground cover plants other than grasses may be planted from flats or from four-inch pots. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center unless otherwise approved by the Director based on plant spread.

• (2) Shrubs . When planted to serve as a hedge or screen, shrubs shall be planted at a minimum size of five gallons and have an expected mature height of six to eight feet and a mature spread of three to five feet. Shrubs planted to serve as a hedge shall be spaced three to five feet apart depending on the plant species.

FIGURE 153.536-(E)(2): GROUND COVER AND SHRUB PLANTING

• (3) Trees . Trees shall be provided as follows:

• (a) One tree for every 1,000 square feet of net lot area for new commercial and residential development.

1. If the lot size or other site conditions make planting of the required trees impractical to comply with, the trees may be planted off-site in the public right-of-way or in public parks at twice the ratio with Director approval.

2. If the required number and size of trees already exist on the site, the applicant shall not be required to plant new trees on-site. Instead, the existing trees shall be shown on the site and landscape plans submitted to the Planning Division, and those trees shall be maintained in compliance with the standards of this section.

• (b) At least one tree shall be located in the front yard of new residential development. If a tree does not already exist in the front yard, a tree shall be planted.

(c) A minimum of 15% of the trees planted shall be 24 inch-box or greater in size. All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (dbh).

• (d) A minimum of 50% of trees shall be an evergreen type.

• (e) Newly planted trees shall be supported with stakes or guy wires.

• (f) Any tree to be planted along a lot line or adjacent to a structure shall be no closer to said lot line or structure than one-half the diameter of the particular species’ drip line at maturity, measured from the center of the tree.

FIGURE 153.536-(E)(3): TREE LAYOUT AND STAKING

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 622-C.S., passed 11-17-15)

All new landscaping shall be irrigated with an irrigation system. The Director may waive this requirement based on plant water needs and site characteristics. (A) The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. An irrigation system shall meet or exceed 0.75 efficiency for overhead spray devices, and 0.81 for drip system devices, and be installed in compliance with the manufacturers' recommendations.

(B) All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.

(C) Automatic irrigation controllers and sensors are required. Controllers may either be able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture-based controllers that automatically adjust irrigation in response to changes in plants' needs as weather conditions change. (D) Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates determined by a soil percolation test, therefore minimizing runoff. (E) Low-volume irrigation shall be required in mulched areas, in areas with slope greater than 25%, and in any narrow or irregularly shaped areas that are less than ten feet in width in any direction. (F) Overhead irrigation is prohibited within 24 inches of any non-permeable surface. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. (G) Irrigation systems and decorative water features may be designed to allow for the current and future use of recycled water, if water providers serving the city make it available.

(H) Recirculating water shall be used for decorative water features.

(I) All irrigation shall be subject to restrictions put forth by the City of San Gabriel or local water purveyor during periods of drought.

(J) Irrigation systems shall consist of low-volume emitters (i.e. drip emitters) or the following:

• (1) Low volume rotary type heads, with check valves and pressure regulation for turf areas;

• (2) Sprinkler heads and other emission devices with matched precipitation rates, unless otherwise directed by manufacturer's recommendations; and (3) Separate valves for each plant hydrozone.

(K) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(Ord. 601-C.S., passed 3-4-14; Am. Ord. 622-C.S., passed 11-17-15)

(A) Consistency with approved plans . All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to encourage and maintain healthy plant growth.

(B) Timing of installation . Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the associated project.

(C) Certification of substantial completion . Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the landscaping professional. The landscaping professional shall submit a certificate of substantial completion to the city, utilizing forms designated for this purpose. The certificate shall specifically indicate that the plants were installed as specified, that the irrigation system was installed as designed, along with a list of any deficiencies. (Ord. 601-C.S., passed 3-4-14)

(A) General . All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. A plan ensuring continued maintenance may be required.

(B) Trees. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing such damage shall be replaced with another tree. At minimum, trees shall be maintained in accordance with Chapter 95: Trees and Shrubs; Weeds of

the San Gabriel Municipal Code. (Ord. 601-C.S., passed 3-4-14)

HISTORIC PRESERVATION AND CULTURAL RESOURCES

This subchapter shall be known as the “Historic Preservation and Cultural Resource Ordinance” of the City of San Gabriel. (Ord. 636-C.S., passed 8-15-17)

Cal. Gov’t Code §§ 65850 and 37361 enable municipal legislative bodies to “provide for places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use, which may include appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both.” (Ord. 636-C.S., passed 8-15-17)

(A) The City of San Gabriel, as the birthplace of the Los Angeles metropolitan region, is home to a wide range of significant cultural resources that reflect our shared heritage and history. Cultural resources in the city encompass a range of resource types. These include paleontological resources, archaeological and Native American resources, buildings, structures, objects, historic districts, sites, public art and parks, cultural landscapes, and natural features. The retention and stewardship of cultural resources is of vital importance to retain and protect our heritage. The City Council also recognizes the right of private property owners to the use of their property and seeks to balance historic preservation important to the community as a whole with the rights of the property owner.

(B) The purpose of this subchapter is to promote the public health, safety, and general welfare by providing for the identification, designation, protection, enhancement, and ongoing use of cultural resources that represent the city’s cultural, architectural, social, historical, economic, and political heritage. It is the intent and purpose of the San Gabriel City Council in passing this subchapter to:

(1) Preserve, maintain, and safeguard the city’s heritage and character, for the enjoyment of present and future generations, by providing for the protection and thoughtful management of cultural resources as defined in this subchapter;

(2) Foster awareness, recognition, and stewardship of the city’s archaeological and Native American cultural resources;

(3) Encourage public knowledge and appreciation of the city’s heritage and foster civic and neighborhood pride and sense of identity through the recognition of cultural resources; (4) Encourage the maintenance and preservation of cultural landscapes that contribute to the historic character of our neighborhoods and built environment; (5) Recognize the city’s cultural resources as economic assets;

(6) Stabilize and improve property values within the city and increase the economic and financial benefits to the city and its inhabitants through the preservation, rehabilitation, and ongoing use of cultural resources;

(7) Integrate the conservation of cultural resources into the public and private development process;

(8) Implement the goals and policies of the General Plan Cultural Resources Element;

(9) Facilitate the city’s compliance with the National Historic Preservation Act (NHPA) and California Environmental Quality Act (CEQA) and their provisions for cultural and historical resources; (10) Preserve diverse and significant architectural styles and property types reflecting the city’s history and encourage complementary new construction and design, to maintain the city’s historic scale and character;

(11) Adopt and encourage the use of historic preservation incentives, both regulatory and economic, that promote the retention, rehabilitation, and protection of cultural resources. (Ord. 636-C.S., passed 8-15-17)

The following terms when used in this subchapter shall have the meaning set forth in this section, unless a different meaning clearly appears from the context. ALTERATION. Any act or process that modifies a cultural resource that either:

(1) Requires a building or other permit and/or changes one or more of the features of a landscape or structure including, without limitation, the setting of the resource or the construction, reconstruction, or relocation of any structure or any part of a structure; or

(2) Significantly changes the setting and/or any character-defining feature of a landscape or exterior of a structure that relates to its status as a historic landmark or contributing resource.

ARCHAEOLOGICAL RESOURCE. A cultural resource that is any material remains of past human life, activities, or habitation that are of historic or prehistoric significance. Such resources might include, but are not limited to, tools, pottery, weapons, weapon projectiles, structures or portions/remnants of structures, rock carvings, graves, skeletal remains, personal items and clothing, or other items.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (or CEQA) . The statute and regulations applying to public agencies in California as codified in the Cal. Pub. Res. Code §§ 21000 et seq., as it may be amended from time to time, and the corresponding Guidelines for the California Environmental Quality Act in the California Code of Regulations, §§ 15000-15387, Title 14, Chapter 3, as it may be amended from time to time.

CALIFORNIA NATIVE AMERICAN TRIBE. A Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission.

CALIFORNIA HISTORICAL BUILDING CODE (or CHBC; also known as the STATE HISTORICAL BUILDING CODE, or SHBC). As codified in Part 8, Title 24 of the State Building Standards Code, shall apply to all qualified cultural resources designated or included in an adopted inventory per federal, state, and local authority. The CHBC provides alternative, performance-based building and zoning regulations to allow for upgrades, changes to, and ongoing use of historically significant properties that preserve their historic integrity. CERTIFICATE OF ECONOMIC HARDSHIP. The certificate granted to a property owner or applicant by the City Council to approve an initial review or certificate of demolition for a project that, due to undue economic hardship on the owner, does not comply with the Secretary’s Standards for the Treatment of Historic Properties.

rically significant properties that preserve their historic integrity. CERTIFICATE OF ECONOMIC HARDSHIP. The certificate granted to a property owner or applicant by the City Council to approve an initial review or certificate of demolition for a project that, due to undue economic hardship on the owner, does not comply with the Secretary’s Standards for the Treatment of Historic Properties.

CHARACTER-DEFINING FEATURE. The physical elements and characteristics of a cultural resource that lend the resource its authenticity and significance. CHARACTERDEFINING FEATURES can include, but are not limited to, a property's setting and site plan, overall form and massing, architectural style, materials, finishes, and decorative detailing, as well as relationship to neighboring properties, planning features, hardscaping and landscaping, and interior features. COMMUNITY DEVELOPMENT DIRECTOR (or DIRECTOR). The Director of the Community Development Department or his or her designee. CONSERVATION OVERLAY ZONE (or COZ). An area that contains, within defined boundaries, a cohesive concentration of related buildings, structures, sites, objects, planning features, or natural/landscape features. A CONSERVATION OVERLAY ZONE is distinguished from a historic district in that it does not qualify as a historic district as defined in this subchapter but nonetheless contains a cohesive collection of related properties that, considered together, are of interest to local planning. The CONSERVATION OVERLAY ZONE is not a historical resource pursuant to CEQA. CONTRIBUTING RESOURCE (or CONTRIBUTOR). A cultural resource that is any building, structure, object, site, planning feature, sign, area, place, landscape, or natural feature within a historic district that contributes to the district’s historic, cultural, or architectural significance. CULTURAL RESOURCE. The broad category of all historic and prehistoric (archaeological, Native American, and paleontological) resource types that are significant in the history or prehistory of the city, region, state, or nation as defined in this subchapter. CULTURAL RESOURCES include resources listed on or found eligible for listing on the National Register of Historic Places, California Register of Historical Resources, San Gabriel Register of Cultural Resources, and the San Gabriel Inventory of Cultural Resources. CULTURAL RESOURCES can include paleontological resources, archaeological and Native American resources, buildings, structures, objects, historic districts, sites, public art and parks, cultural landscapes and natural features, and/or any resource defined by the CEQA Guidelines [California Code of Regulations Title 14] § 15064.5(a). CULTURAL RESOURCE MANAGEMENT GUIDELINES. A set of guidelines that may be developed by the Historic Preservation and Cultural Resource Commission that describes requirements for the identification of archaeological, Native American, and paleontological resources and the preparation of Phase I cultural resources inventory reports; for the significance evaluation of archaeological and Native American resources and the preparation of Phase II cultural resources evaluation reports; for the mitigation of substantial impacts to significant archaeological resources through data recovery and the preparation of Phase III archaeological data recovery reports; and for the preparation of other cultural resources studies and reports. CULTURAL RESOURCE SENSITIVITY MAP. The confidential map commissioned and maintained by the Director showing the location of culturally sensitive areas, including parcels and/or properties known or suspected to contain archaeological and/or Native American cultural resources. Access to the CULTURAL RESOURCE SENSITIVITY MAP shall be subject to the provisions of the federal Archaeological Resources Protection Act (16 U.S.C. 470hh), which requires that archaeological cultural resource site locations remain confidential in order to ensure their preservation. The California Public Records Act also provides for the nondisclosure of archaeological cultural resource information (Cal. Gov’t Code § 6254.10). DEMOLITION. Any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs its structural integrity and which is not in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. DIRECTOR. The Director of the Community Development Department or his or her designee. HISTORIC CONTEXT. The broad patterns of historical development of a community or region that are represented by the physical development and character of the built environment. Contexts typically are based on one or more themes, a geographical area, and periods of significance. They also identify important associated property types and establish eligibility criteria and integrity thresholds. HISTORIC DISTRICT. A type of cultural resource that is a geographic area having a significant concentration, linkage, or continuity of buildings, structures, objects, planning features, sites, natural/landscape features and other features united historically or aesthetically by plan or physical development. HISTORIC INTEGRITY. The authenticity of a property’s historic identity. Properties with HISTORIC INTEGRITY are those properties that retain enough of their materials, features, and characteristics from their period of significance that they continue to convey the reasons for their significance. Often these are original materials that date from the property’s construction or early period. As defined by the National Park Service and in accordance with the accepted standards of professional preservation practice, HISTORIC INTEGRITY is the composite of seven aspects of integrity: location, design, setting, materials, workmanship, feeling and association. HISTORIC INTEGRITY is not the same as condition; a deteriorated property may still retain HISTORIC INTEGRITY . HISTORIC LANDMARK. A type of cultural resource that is any improvement or natural feature that meets the eligibility criteria defined in § 153.607 and is subsequently nominated and added to the San Gabriel Register of Cultural Resources. _**HISTORIC PRESERVATION AND CULTURAL RESOURCE COMMISSI

*_ is not the same as condition; a deteriorated property may still retain HISTORIC INTEGRITY . HISTORIC LANDMARK. A type of cultural resource that is any improvement or natural feature that meets the eligibility criteria defined in § 153.607 and is subsequently nominated and added to the San Gabriel Register of Cultural Resources. _**HISTORIC PRESERVATION AND CULTURAL RESOURCE COMMISSI

*_ is not the same as condition; a deteriorated property may still retain HISTORIC INTEGRITY . HISTORIC LANDMARK. A type of cultural resource that is any improvement or natural feature that meets the eligibility criteria defined in § 153.607 and is subsequently nominated and added to the San Gabriel Register of Cultural Resources. HISTORIC PRESERVATION AND CULTURAL RESOURCE COMMISSION (or COMMISSION). The Historic Preservation and Cultural Resource Commission established pursuant to this subchapter. HISTORIC RESOURCE EVALUATION. An in-depth study of a property to determine its eligibility as a federal, state, or local historic landmark. A HISTORIC RESOURCE EVALUATION generally results in a report including detailed, property-specific information about the resource. This information can include ownership/occupant history, historic context and themes of significance, character-defining features, as well as building type, dates of construction, architectural style, description of other design aspects, materials, and setting, approximate dates of exterior alterations, physical condition, and historic integrity analysis. HISTORIC RESOURCE SURVEY. A neighborhood- or city-wide survey to identify eligible cultural resources, including buildings, structures, objects, sites, historic districts, planning features, public art and parks, cultural landscapes, conservation overlay zones, and other features. A HISTORIC RESOURCE SURVEY generally results in an inventory of properties that are potentially eligible for national, state, or local landmark designation. The survey produces basic information about each resource. This information generally includes building type, dates of construction, architectural style, description of other design aspects, materials, and setting, approximate dates of exterior alterations, physical condition, and notes on historic integrity. HISTORIC RESOURCES. (1) Those cultural resources that meet the significance criteria for designation as historic landmarks itemized in § 153.607 or for historic districts itemized in § 153.608, including all the resources identified as “contributing” to a historic district. HISTORIC RESOURCES in San Gabriel would include resources listed on federal, state, and local registers, identified in the Inventory, or properties that have not yet been evaluated but which evidence shows would satisfy the designation criteria. Generally, the term HISTORIC RESOURCE does not include paleontological resources. (2) HISTORICAL RESOURCES are defined pursuant to CEQA as resources listed in, or formally determined eligible for listing in, the California Register of Historical Resources; resources listed in the local, San Gabriel Register or identified as significant in a historical resource survey prepared in accordance with state requirements; and resources that appear to meet the significance criteria for listing in the California Register in light of the evidence. IMPROVEMENT. Any building, structure, sign, fence, gate, wall, landscape, work of art, or other object affixed to and constituting a physical betterment of real property, or any part of such betterment. INITIAL REVIEW. The review completed by the Historic Preservation and Cultural Resource Commission to determine if an application to make major alterations, relocate, or demolish a designated cultural resource is historically appropriate. Completion of the INITIAL REVIEW will result in a finding that the proposed changes are in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and other applicable design guidelines provided for in this subchapter and will result in no significant adverse impacts to the cultural resource.

esignated cultural resource is historically appropriate. Completion of the INITIAL REVIEW will result in a finding that the proposed changes are in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and other applicable design guidelines provided for in this subchapter and will result in no significant adverse impacts to the cultural resource.

INITIAL REVIEW ADMINISTRATIVE CLEARANCE. The review completed by city staff, at the administrative level, finding that an application for a minor alteration to a cultural resource is historically appropriate and in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and other applicable design

guidelines provided for in this subchapter and will result in no significant adverse impacts to cultural resources. MAJOR ALTERATIONS. Any work to a property that includes the alteration, removal, or obstruction of character-defining features, elevations, and spaces, or additions to a property that are visible from the public right-of-way, or, for properties not visible from the public right-of-way, those character-defining features that are visible from the front of the property. MAJOR ALTERATIONS to a designated cultural resource are subject to an initial review by the Historic Preservation and Cultural Resource Commission. MILLS ACT HISTORIC PROPERTY CONTRACT (or MILLS ACT CONTRACT). The historic property contract between the city and property owner that provides the potential for reduced property taxes in return for the rehabilitation, restoration, and preservation of an historic resource, pursuant to Cal. Gov’t Code §§ 50280 et seq. and Cal. Rev. & Tax Code §§ 439 et seq. MINOR ALTERATIONS. Any work to a property that does not include changes/removal of character-defining features and is subject to an initial review administrative clearance. MINOR ALTERATIONS generally include the following, to the extent they do not include changes/removal of, or do not affect, character-defining features: (1) paint color; (2) roofing material; (3) repairs to foundations; (4) ordinary maintenance and repair; (5) landscaping, including sprinkler system work (if the work does not involve character-defining landscaping or hardscaping features); (6) hardscaping and paving work (if the work does not involve character-defining landscaping or hardscaping features); (7) alterations carried out on the interior that do not affect the exterior of property (unless those interior features were historically accessible by the public and are specifically mentioned as character-defining features in an approved landmark designation or adopted survey); and (8) replacement of existing screens and awnings with the same or substantially consistent materials, form, and shape. MULTI-PROPERTY NOMINATION. A group of thematically related properties that are nominated to the San Gabriel Register. Such properties may be physically dispersed but share a common history and/or significance. NATIONAL ENVIRONMENTAL POLICY ACT (or NEPA). The statute codified in 42 U.S.C. 4321 et seq., and the regulations established in the C.F.R., Title 40, 1500-1508, requiring environmental review and outreach for qualifying projects. NATIVE AMERICAN RESOURCES. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe. NON-CONTRIBUTING RESOURCE (or NON-CONTRIBUTOR). Any building, structure, object, site, sign, area, place, or natural feature within a historic district that does not meet the criteria for eligibility, does not contribute to the district’s historic, cultural, or architectural significance, and therefore is not a cultural resource for the purposes of this subchapter. ORDINARY MAINTENANCE AND REPAIR. Work on a cultural resource that: (1) Does not, by law, require issuance of a permit; (2) Involves regular or customary care of an existing building, structure, object, or site, for the purposes of preserving the property and maintaining it in a safe and sanitary condition; and (3) Does not involve a change of design, material, or appearance of any identified character-defining features. PALEONTOLOGICAL RESOURCES. Those cultural resources that consist of fossils, or the remains, imprints, or traces of once-living organisms preserved in rocks and sediments. Significance for PALEONTOLOGICAL RESOURCES shall be defined by a qualified paleontologist as defined in this subchapter. PRESERVATION. The act or process of sustaining the existing materials, form, and integrity of a historic property. The focus of PRESERVATION is protecting and stabilizing the property, through on-going maintenance and repair of historic materials and features, rather than extensive replacement and new construction. PROPERTY OWNER or OWNER. The person or persons appearing as the latest owner of the improvement, natural feature or site on the most recent equalized assessment roll of the County of Los Angeles. QUALIFIED PROFESSIONAL(S). Any of the following professions/occupations: (1) ARCHAEOLOGIST. An archaeologist who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in archaeology, as defined by the National Park Service (36 C.F.R. 61). (2) ARCHITECTURAL HISTORIAN. An architectural historian who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in architectural history, as defined by the National Park Service (36 C.F.R. 61). (3) ECONOMIC PROFESSIONAL. A qualified economic consultant selected and approved by the city. (4) HISTORIAN. A historian who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in history, as defined by the National Park Service (36 C.F.R. 61). (5) HISTORIC ARCHITECT. A licensed architect who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications Standards in historic architecture, as defined by the National Park Service (36 C.F.R. 61). (6) NATIVE AMERICAN MONITORS. Experienced cultural resource monitors recommended by culturally affiliated Native Americans listed by the California Native American Heritage Commission (NAHC) as local contacts for the region. (7) PALEONTOLOGIST. A paleontologist who is a qualified professional paleontologist as defined by the Society of Vertebrate Paleontology. (8) STRUCTURAL ENGINEER. Any individual registered by the State of California to practice structural engineering and to use the title structural engineer pursuant to the Cal. Bus. and Prof. Code,

e Commission (NAHC) as local contacts for the region. (7) PALEONTOLOGIST. A paleontologist who is a qualified professional paleontologist as defined by the Society of Vertebrate Paleontology. (8) STRUCTURAL ENGINEER. Any individual registered by the State of California to practice structural engineering and to use the title structural engineer pursuant to the Cal. Bus. and Prof. Code,

e Commission (NAHC) as local contacts for the region. (7) PALEONTOLOGIST. A paleontologist who is a qualified professional paleontologist as defined by the Society of Vertebrate Paleontology. (8) STRUCTURAL ENGINEER. Any individual registered by the State of California to practice structural engineering and to use the title structural engineer pursuant to the Cal. Bus. and Prof. Code, Chapter 7, § 6701. When working with historic buildings and structures for the City of San Gabriel, the STRUCTURAL ENGINEER shall satisfy the Secretary of the Interior’s Professional Qualifications Standards for Engineering and have demonstrable project experience in historic preservation and the use of the California Historical Building Code. REHABILITATION. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance. RESTORATION. The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code-required work to make the property functional and safe. SAN GABRIEL INVENTORY OF CULTURAL RESOURCES (or INVENTORY). The INVENTORY of buildings, structures, objects, sites, historic districts and historic district contributors, signs, areas, landscapes, places, and natural features in the city that have been found potentially eligible for historic designation through an adopted historic resource survey prepared and approved in accordance with the provisions of this subchapter. The INVENTORY OF CULTURAL RESOURCES shall be prepared and approved in accordance with § 153.605. The locations of archaeological resources shall remain confidential, pursuant to the federal Archaeological Resources Protection Act (16 U.S.C. 470hh) and California Public Records Act (Cal. Gov’t Code § 6254.10). SAN GABRIEL REGISTER OF CULTURAL RESOURCES or (REGISTER). The list or register of designated cultural resources, including individual historic landmarks, historic districts, and their contributing features, archaeological resources, paleontological resources, and Native American resources, prepared and approved in accordance with the provisions of this subchapter. The locations of archaeological resources shall remain confidential, pursuant to the federal Archaeological Resources Protection Act (16 U.S.C. 470hh) and California Public Records Act (Cal. Gov’t Code § 6254.10). SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES (or SECRETARY'S STANDARDS). The Standards and Guidelines developed by the United States Department of the Interior, National Park Service (36 C.F.R. § 68), for the preservation, rehabilitation, restoration, and reconstruction of historic resources. In accordance with California Code of Regulations Title 14, Chapter 3, §§ 15064.5, 15126.4(b)(1), and 15331, physical changes to historical resources that

RETARY'S STANDARDS).**_ The Standards and Guidelines developed by the United States Department of the Interior, National Park Service (36 C.F.R. § 68), for the preservation, rehabilitation, restoration, and reconstruction of historic resources. In accordance with California Code of Regulations Title 14, Chapter 3, §§ 15064.5, 15126.4(b)(1), and 15331, physical changes to historical resources that

conform with the Secretary’s Standards are generally considered to be mitigated to a level of less than significant under CEQA. Projects complying with the Secretary’s Standards may be eligible for a Class 31 Categorical Exemption from CEQA.

(Ord. 636-C.S., passed 8-15-17)

(A) Establishment of Commission. There is hereby created the San Gabriel Historic Preservation and Cultural Resource Commission. The Commission shall have and exercise the powers and perform the duties set forth in this subchapter. Except as otherwise specified in this subchapter, the Commission shall be subject to the provisions of Chapter 33 (Commissions) of this code.

(B) Composition and appointment of members.

(1) Commissioners shall be appointed pursuant to Chapter 33 (Commissions) of this code. All members shall have an expressed and/or demonstrated interest, experience, or knowledge of the cultural heritage, history, and/or architecture of the city. Preference shall be given to residents of the city.

(2) At least two members of the Commission shall be appointed from among professionals in the disciplines of anthropology, archaeology, architecture, history, historic preservation, landscape architecture, urban planning, land economics, real estate or a related discipline, to the extent that such professionals are available in the community. (C) Terms and vacancies . The Commission will consist of five members to be appointed by the City Council. The members will serve two-year terms and may be appointed for additional two-year terms. Any vacancy shall be filled by the City Council within a reasonable time after the vacancy occurs, for the unexpired term. Members shall serve until their successors are appointed. The members of the Commission shall serve without compensation.

(D) Chairman, Vice-Chairman, Secretary, rules. The Commission shall elect its chairman and vice-chairman who shall have the power to administer oaths and take testimony.

(E) Member’s failure to attend meetings, successor. If a member of the Commission fails to attend three consecutive regular meetings of the Commission, or fails to attend 50% or more of the regular meetings of the Commission during a calendar year, unless excused by the Chairman, the City Council may declare such member’s seat vacant and appoint a new member to serve the balance of the unexpired term.

(F) Meetings and record of proceedings. The Commission shall meet on a quarterly basis, at minimum, and monthly basis if needed, as determined by the Director. All meetings of the Commission (1) shall be open to the public and (2) noticed and held in compliance with the provisions of the state’s Ralph M. Brown Act. The Commission shall keep a record of minutes of all of its proceedings and actions, which shall be available for public inspection.

(G) Powers and duties . The Commission shall have the following powers and duties, in addition to any other duties specified in this subchapter:

(1) General powers . The Commission shall advise the City Council, Planning Commission, and all city departments and staff on all matters relating to the identification, protection, retention, preservation, and registration of cultural resources in the city, as directed by the City Council. Notwithstanding the foregoing, the Commission shall have the following powers and duties in addition to those otherwise provided in this subchapter:

(a) Administer the provisions of this subchapter;

(b) Advise the City Council in all matters pertaining to cultural resource management and historic preservation in the city;

(c) Compile and maintain for public use and information the San Gabriel Register of Cultural Resources;

(d) Compile, maintain, and periodically update the San Gabriel Inventory of Cultural Resources;

(e) Recommend the designation and approval of eligible cultural resources for inclusion in the San Gabriel Register and designation and approval of conservation overlay zones; (f) Approve or disapprove in whole or in part applications for the demolition, alteration, or relocation of properties included on the Register and Inventory in accordance with the provisions of this subchapter, in addition to any review by the Planning Commission and/or any other hearing body;

(g) Approve or disapprove in whole or in part applications for in-fill/new construction within historic districts listed on the Register, in addition to any review by the Planning Commission and/or any other hearing body;

(h) Review and comment on the decisions and documents, including but not limited to environmental assessments, environmental impact reports, and environmental impact statements, prepared by the city or other public agencies when such decisions or documents might affect designated or eligible historical resources within the city; (i) Participate in, promote, and conduct public informational, educational, and interpretive programs pertaining to historic preservation;

(j) Recommend and encourage the protection, enhancement, appreciation, and use of properties of cultural, historical, architectural, community or aesthetic value that have not been designated as cultural resources but are deserving of recognition;

(k) Review applications and make recommendations to the City Council on Mills Act contract applications and other incentive programs;

(l) Upon request, make recommendations to the Planning Commission on zoning and general plan amendments related to historic preservation goals and policies; and (m) Perform any other functions that may be designated by resolution or action of the City Council.

(2) Secretary . The Director shall act as Secretary of the Commission and shall be custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the Commission in administering this subchapter.

(Ord. 636-C.S., passed 8-15-17 ; Am. Ord. 679, passed 10-19-21 )

(A) Purpose. The Cultural Resources Chapter of the General Plan includes goals and targets intended to identify and protect San Gabriel’s cultural resources. Target 11.4.2 specifies the creation of an inventory of “San Gabriel’s cultural resources and landscapes.” This section furthers this goal by creating the San Gabriel Inventory of Cultural Resources (Inventory).

(B) Intent. This section establishes the process for creating and managing the Inventory, which is the city’s list of potentially eligible cultural resources.

(C) Inventory of cultural resources established . The city shall create and maintain an official list of properties known as the San Gabriel Inventory of Cultural Resources (“Inventory”). The Inventory shall be a list of potentially eligible cultural resources identified through a historic resource survey. The historic resource survey creating the Inventory shall be completed under the direction of the Director and Commission by a qualified architectural historian or historian as defined in this subchapter, in accordance with accepted professional practices. Prior to commencement of a historic resource survey, the city shall commission the preparation of a citywide historic context statement, in order to identify significant themes and patterns of development and to develop a consistent framework for survey work and evaluations.

(D) Inventory creation, review, and adoption . Within the first year of its establishment, the Commission shall forward a plan to the City Council recommending a comprehensive and systematic historic resource survey, which will provide the basis for the Inventory. The Inventory shall be reviewed and approved by the Commission. The Commission shall then refer the Inventory to the City Council for discussion and approval. The Commission shall compile and maintain the Inventory of Cultural Resources. (E) Inventory updates . In accordance with the purpose of this subchapter and to ensure the city’s proactive identification and treatment of cultural resources, and consistent with the intent of Cal. Pub. Res. Code § 5024.1.g(4), the Inventory shall be reviewed at minimum every five years and periodically updated through historic resource surveys. (F) Inventory notification . All owners and residents of properties included on the Inventory shall be notified by the city of this inclusion, in a process and timeline to be determined by the Director. In order to ensure that owners, residents, and potential owners are aware of the status of cultural resources, the Director and Building and Safety

Division shall implement and oversee a system for clearly identifying and marking the building records of all Inventory-listed properties, including but not limited to a geographic information systems (GIS) database.

(G) Inventory of cultural resources and CEQA. In accordance with California Code of Regulations Title 14, Chapter 3, § 15064.5(a)(2), properties included on the Inventory of Cultural Resources shall be considered historical resources for purposes of CEQA.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose. The Cultural Resources Chapter of the General Plan includes goals and targets aimed at identifying, conserving, and protecting San Gabriel’s cultural resources. The creation of the San Gabriel Register of Cultural Resources (Register) forwards the goals of the General Plan.

(B) Intent . This section establishes the process for creating and managing the Register, which is the city’s list of officially designated cultural resources.

(C) Register of cultural resources established. There is hereby established the San Gabriel Register of Cultural Resources (“Register”). The Register shall include all locally designated cultural resources, as well as properties designated on the National Register of Historic Places and California Register of Historical Resources. The Register is also understood to include all contributors to designated historic districts in addition to individually designated properties. The most current iteration of the Register shall be made available on the city’s website and will be included in the city’s GIS database.

(D) Reserved.

(E) Prior local designations . Any property designated as a culturally significant landmark or as a historic landmark by the City Council on or before the effective date of this subchapter shall be automatically designated as a cultural resource for purposes of this subchapter and included on the Register. Any historic property under a Mills Act contract at the time of the adoption of this subchapter shall also be automatically added to the Register.

(F) New designations . New designations of cultural resources shall be initiated in accordance with the criteria and procedures set forth in this subchapter.

(G) Designation runs with the land. The designation of a cultural resource shall not be affected by a change of the property owner.

(H) Rescission of designation . The conditions and process for amendment or rescission of a cultural resource designation are described in § 153.612 (Amendment or Rescission of Designation).

(Ord. 636-C.S., passed 8-15-17 ; Am. Ord. 679, passed 10-19-21 )

With the advice of the Commission, the City Council may designate a property, site, public art, park, cultural landscape, or natural feature as a historic landmark and add it to the San Gabriel Register if it meets the requirements described in divisions (A) and (B) below:

(A) The property meets one of the following eligibility criteria:

(1) It is or was once associated or identified with important events or broad patterns of development that have made a significant contribution to the cultural, architectural, social, historical, economic, and political heritage of the city, region, state, or nation.

(2) It is or was once associated with an important person or persons who made a significant contribution to the history, development, and/or culture of the city, region, state, or nation.

(3) It embodies the distinctive characteristics of a style, type, period, or method of construction; represents the work of a master, or possesses high artistic or aesthetic values; or it represents one of the last, best remaining examples of an architectural type or style in a neighborhood or the city that was once common but is increasingly rare. (4) It has yielded or has the potential to yield information important to the prehistory or history of the city, region, state, or nation.

(B) The property retains integrity from its period of significance, as determined by a qualified architectural historian or historian. A proposed historic landmark need not retain all seven aspects of historic integrity (location, design, setting, materials, workmanship, feeling, and association), but it must retain sufficient integrity to convey the reasons for its cultural, architectural, social, historical, economic, and political significance.

(C) Neither the deferred maintenance of a proposed historic landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property’s eligibility under the appropriate criteria and theme of significance. (Ord. 636-C.S., passed 8-15-17)

(A) In addition to satisfying the criteria in § 153.607(A) when recommending the designation of a historic district, the Commission and City Council must also find: (1) That the historic district is an identifiable and distinct entity with discernible boundaries, consisting of a cohesive concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.

(2) That the historic district retains integrity from its period of significance as determined by a qualified architectural historian or historian. Not all properties or features within a proposed district need to retain all seven aspects of integrity (location, design, setting, materials, workmanship, feeling, and association), but a substantial number of such properties and structures must retain sufficient integrity to convey the historic, cultural, or architectural significance of the district.

(3) That a minimum of 51% of the buildings and structures within the boundaries of the historic district be identified as contributors to the historic district.

(B) The components of an eligible historic district may lack individual distinction but still represent a significant and distinguishable entity that meets eligibility criteria. (C) In recommending approval of a historic district, the Commission shall recommend the adoption of district-specific preservation plan and design guidelines to guide subsequent in-fill and new construction, alterations and additions, and to further the purpose of this subchapter.

(D) Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district’s eligibility under the appropriate criteria and theme of significance. (Ord. 636-C.S., passed 8-15-17)

(A) Application . The Historic Preservation and Cultural Resource Commission, upon its own initiative or upon the written request of any person or group, including the San Gabriel Historical Association, or any city agency, may recommend the designation of a historic landmark to the Register. In the event the City Council, city agency, or Commission initiates the application, the Director shall oversee and cause the completion of the required application.

(B) Notification of property owners. The property owner of each cultural resource nominated to the Register shall be notified by the city of the proposed designation at least 60 days prior to the Commission hearing at which the application is considered. Notification shall be to the last owner of record as contained on the most recent equalized assessment roll of the County of Los Angeles and shall be by certified mail. Property owners shall have the right to protest the designation of their property before the Commission and City Council. Such protest shall be in writing to the Community Development Department and/or presented in testimony before the Commission and/or City Council.

(C) Landmark application materials. All applications for designation shall be made on a form prescribed by the Director and shall include the following data: (1) The assessor’s parcel number and legal description of the site. (2) A description of the property and statement of how it qualifies under the criteria described in § 153.607 or 153.608. (3) A detailed architectural description, enumerating the property’s character-defining features, elevations, and spaces.

e made on a form prescribed by the Director and shall include the following data: (1) The assessor’s parcel number and legal description of the site. (2) A description of the property and statement of how it qualifies under the criteria described in § 153.607 or 153.608. (3) A detailed architectural description, enumerating the property’s character-defining features, elevations, and spaces.

(4) Construction chronology of the property, including detailed history of major alterations/additions. (5) Ownership history. (6) A statement of significance describing why and how the property or feature meets the eligibility criteria of the code including the area of significance, theme, and period of significance. (7) Current photographs and (if available) historic photographs, maps, sketches, drawings, or other descriptive material as available to support the nomination. (8) Any applicable fees as determined by the Director, and such other information as requested by the Commission or Director. (9) For a multi-property nomination, the application package should include a detailed statement of significance for the class of resources being nominated and the eligibility requirements for individual properties to be considered part of the nomination. Documentation of the individually nominated properties should include division (C)(1) through (5) above of the landmark application materials and a statement of how each individual property satisfies the specified eligibility requirements. (D) Confirmation of eligibility . At the discretion of the Director, a historic resource evaluation may be prepared to provide a professional peer review of a designation application, to confirm the finding of eligibility. Such an assessment shall be submitted to the Commission for review and concurrence. The assessment shall be completed by a qualified architectural historian or historian as defined in this subchapter. (E) Commission review and recommendation. The Commission shall review and conduct a public hearing on the merits of the application, to determine whether the proposed landmark satisfies the criteria for landmark designation stipulated in § 153.607 of this subchapter. The public hearing will be noticed in accordance with the provisions of this subchapter. After the close of the hearing, the Commission shall adopt a resolution recommending to the City Council the approval, conditional approval, or denial of the application. (F) City Council determination . After receiving the Commission’s recommendation, the City Council shall conduct a public hearing on the landmark nomination application. The public hearing will be noticed in accordance with the provisions of this subchapter. The City Council shall consider the Commission’s recommendation and any written objection to the designation by the nominated property’s owner filed with the Director at least ten days prior to the City Council hearing. The City Council shall adopt a resolution approving, conditionally approving, or denying the application. If the City Council has not taken action on the application within 180 days of the Commission’s recommendation, then the application shall be deemed denied.

ection to the designation by the nominated property’s owner filed with the Director at least ten days prior to the City Council hearing. The City Council shall adopt a resolution approving, conditionally approving, or denying the application. If the City Council has not taken action on the application within 180 days of the Commission’s recommendation, then the application shall be deemed denied.

(G) Designation.

(1) Upon designation by the City Council, the Director or his or her designee shall forward a copy of the resolution approving the designation of a historic landmark to any department or agency that the Director deems appropriate, and shall record or cause to be recorded the location, characteristics, and significance of the historic landmark on a California Department of Parks and Recreation Historic Resources Inventory Form 523, or current equivalent form, in accordance with the practices specified by the State Office of Historic Preservation for the recordation of cultural resources. (2) Upon adoption and placement of the property on the Register, the resolution of designation shall be recorded with the County Recorder’s office pursuant to Cal. Pub. Res. Code § 5029, as it may be amended from time to time.

(3) A designated cultural resource may be identified by an approved city marker, but such a marker is not required.

(H) Building records for Register-listed properties . In order to ensure that owners, residents, and potential owners are aware of the status of cultural resources in the city, the Director and Building and Safety Division will implement and oversee a system for marking and identifying the building records of all Register-listed properties in the city. (Ord. 636-C.S., passed 8-15-17) § 153.610 DESIGNATION PROCEDURES–HISTORIC DISTRICTS.

(A) Initiation of request for designation of a historic district. Applications for historic districts may be initiated by any property owner, resident, or tenant in the potential historic district, the Commission, or any city agency. The request must include the draft boundaries for the historic district and be accompanied by a preliminary statement of how the potential district satisfies the historic district criteria for designation, a map, and representative photographs of the district. The request must also include a petition signed by at least 51% of the property owners within the proposed boundaries of the potential district, stating their support of pursuing historic district designation.

and be accompanied by a preliminary statement of how the potential district satisfies the historic district criteria for designation, a map, and representative photographs of the district. The request must also include a petition signed by at least 51% of the property owners within the proposed boundaries of the potential district, stating their support of pursuing historic district designation.

(B) Preliminary determination of eligibility and public hearing to take historic district under consideration. Upon receipt of a request for historic district consideration, the Director shall make a preliminary determination of eligibility, with the assistance of a qualified architectural historian or historian as defined in this subchapter. The Commission shall conduct a public hearing on the preliminary determination to decide whether to take the proposed district under consideration. Notice of the meeting shall be sent to all property owners and all addresses within the boundaries of the district. Following the public hearing, written notice of the decision of the Commission to proceed or not proceed with the district designation shall be sent to all property owners and all addresses within the boundaries of the district.

(C) Historic resource survey . If the Commission decides to proceed with the designation, an intensive-level historic resource survey of the district shall be prepared by a qualified architectural historian or historian as defined in this subchapter. The survey report shall include a clear description of the district boundaries; an itemization of all contributing and non-contributing resources and features within those boundaries; a statement of the historic context of the district and how the district satisfies the designation criteria; California Department of Parks and Recreation Inventory forms (series 523) for the district and all properties within the district boundaries; and recommendations for a preservation plan and design guidelines for the district.

(D) Public workshop. During or after completion of the historic resource survey, the Commission shall hold one or more public workshops to discuss the formation of the historic district. The workshop(s) shall be noticed as specified in § 153.610(B) of this subchapter.

(E) Commission review and recommendation . Following completion of the historic resource survey and public workshop(s), the Commission shall review and conduct a public hearing on the survey and district application. The public hearing will be noticed as specified in § 153.610(B) of this subchapter. After the close of the hearing, the Commission shall adopt a resolution recommending to the City Council the approval, conditional approval, or denial of the application. Written notice of the recommendation of the Commission shall be sent to all property owners and addresses within the boundaries of the district.

The public hearing will be noticed as specified in § 153.610(B) of this subchapter. After the close of the hearing, the Commission shall adopt a resolution recommending to the City Council the approval, conditional approval, or denial of the application. Written notice of the recommendation of the Commission shall be sent to all property owners and addresses within the boundaries of the district.

(F) City Council determination . After receiving the Commission’s recommendation, the City Council shall conduct a public hearing on the district application. The public hearing will be noticed as specified in § 153.610(B) of this subchapter. The City Council shall adopt a resolution approving, conditionally approving, or denying the application. If the City Council has not taken action on the application within 180 days of the Commission’s recommendation, then the application shall be deemed denied. Written notice of the City Council action shall be sent to all property owners and addresses within the boundaries of the district.

(1) Whenever the City Council designates a historic district, it shall also adopt: (1) a written description and clear depiction of the district boundaries; and (2) a detailed report that identifies and describes the contributing resources and elements of the district, as well as those resources and elements that are not contributing resources.

(2) Subsequent demolition of non-contributors, new construction, alterations, or additions to properties within the designated historic district shall be subject to the initial review process for historic appropriateness as described in this subchapter.

(3) The Director or Commission shall, in a timely manner, also prepare or commission the preparation of a preservation plan and design guidelines for designated historic districts. Design guidelines shall establish standards and recommended/not recommended approaches for new construction, alterations, and additions within the boundaries of the historic district. In addition to (or in the absence of) design guidelines, the Secretary’s Standards shall be used in the completion of the initial review process for historic appropriateness for new construction, alterations, and additions.

(4) The city shall not establish the district if 51% of the property owners file an objection in writing prior to the City Council public hearing. The percentage is to be determined based on the number of Assessor’s parcels within the district.

(G) Designation. Upon designation by the City Council, the Director or his or her designee shall forward a copy of the resolution approving the designation of a historic district to any department or agency that the Director deems appropriate and the resolution of designation shall be recorded with the County Recorder’s office pursuant to Cal. Pub. Res. Code § 5029, as it may be amended from time to time.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose . The Cultural Resources Chapter of the General Plan includes a number of goals and targets intended to identify, conserve, and protect the historic character of the city’s neighborhoods. Allowing for the identification and adoption of conservation overlay zones forwards General Plan goals and targets.

(B) Intent. This section establishes the criteria and process for identifying and adopting conservation overlay zones.

(C) Definition. CONSERVATION OVERLAY ZONES are cohesive groupings of related properties that convey an era or type of construction in the city’s history but do not qualify for designation as historic districts. This subchapter provides for the identification and management of such CONSERVATION OVERLAY ZONES . Alterations to properties and features found to be contributing elements of CONSERVATION OVERLAY ZONES shall be subject to design guidelines and standards as adopted by the Commission. For purposes of CEQA, CONSERVATION OVERLAY ZONES are not historical resources.

(D) Procedures. As verified by a qualified architectural historian or historian through a historic resource survey or evaluation, the Commission may recommend that the City Council approve the creation of a conservation overlay zone if the proposed zone meets one of the following criteria:

(1) It represents a grouping of properties and features with a cohesive and identifiable setting, architectural style, scale, or character, and/or development history or association that makes it an integral part of the city’s identity; or

(2) It represents a recognized neighborhood identity with a definable physical character whose retention would contribute to the historic character and setting of the city. (E) Design guidelines. The adoption of a conservation overlay zone shall be accompanied, within a timely manner, by the adoption of design guidelines to guide new construction/in-fill, major alterations, and additions within the boundaries of the conservation overlay zone. The design guidelines shall reference the Secretary of the Interior’s Standards, particularly with reference to the mass and scale of new construction/infill, major alterations, and additions, interpreted with the flexibility appropriate to a conservation overlay zone.

(Ord. 636-C.S., passed 8-15-17)

(A) Criteria for rescission. Once a cultural resource has been designated, it shall not be repealed by the City Council unless the City Council first determines that: (1) the evidence used to establish the designation was erroneous; or (2) the cultural resource no longer meets the criteria for designation established in §§ 153.607 and 153.608 of this subchapter.

(B) Amendment or rescission. The City Council may initiate an amendment or rescission of the designation of any designated cultural resource in the same manner that is followed for designation. This process shall be considered a discretionary action under CEQA.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose . The owner, or other person in charge, of a cultural resource listed on the Register has a duty to maintain in good repair all exterior features and to comply with all applicable codes, laws, and regulations governing the maintenance of the cultural resource. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of cultural resources and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Cultural resources listed on the Register shall be protected against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:

• (1) Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling;

• (2) Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling;

• (3) Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;

• (4) Deterioration of crumbling exterior plasters or mortars;

• (5) Ineffective waterproofing of exterior walls, roofs, foundations including broken windows and doors;

(6) Defective protection or lack of weather protection for exterior walls and roof coverings, including through the lack of paint or other protective covering;

• (7) Rotting holes or other forms of decay;

(8) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornament, trim and other architectural details that cause delamination, instability, loss of shape and form and crumbling.

(B) Enforcement procedures.

(1) The Director may file a petition listing specific defects with the Neighborhood Improvement Services Manager, or person whom the Director has designated to act in that capacity, requesting the correction of defects and/or repairs to designated properties.

(2) Whenever such a petition is filed, the Neighborhood Improvement Services Manager or the Director’s designee shall attempt to make direct personal contact with the owner or other such person having legal possession or custody and/or representative. If personal contact is not possible, then written notification of the specific defects and a right to inspect the property will be mailed to the owner or such person having legal possession, custody and/or control and posted at a conspicuous location appropriate to the identified defects. In the written notification, the Neighborhood Improvement Services Manager or the Director’s designee shall document the nature of the specific defects and corrective action ordered.

cific defects and a right to inspect the property will be mailed to the owner or such person having legal possession, custody and/or control and posted at a conspicuous location appropriate to the identified defects. In the written notification, the Neighborhood Improvement Services Manager or the Director’s designee shall document the nature of the specific defects and corrective action ordered.

(3) After receiving agreement from the owner, representative or other such persons having legal possession, custody and control of the property for an inspection, the Neighborhood Improvement Services Manager or the Director’s designee and the Director or his or her designee shall conduct an investigation and prepare a written report on whether the property requires work to meet the requirements of division (A) set forth above.

(4) If the property is found to require work to meet the requirements of division (A) above, the owner, representative or such persons having legal possession, custody and control of the property will be served within 15 days with a complaint identifying the deficiencies and providing notice that a hearing will be held before the Commission at their

next available agenda. The purpose of the hearing shall be to:

• (a) Receive evidence about the deteriorated conditions;

• (b) Develop a plan and schedule for undertaking the needed repairs to stabilize the building or structure and arrest further deterioration.

(5) Following such notice and hearing a written determination as to the conditions in need of correction/repair will be prepared, and the owner or other interested parties will be served with an order to repair those defective elements within a reasonable specified time frame.

(6) If the owner fails to make the necessary repairs within the identified time frame, the city may utilize any available remedy at law to correct the deficiencies that create any hazardous and/or unsafe conditions to life, health, or property. The expense of this work can be recorded as a lien on the property. (Ord. 636-C.S., passed 8-15-17)

(A) Purpose . No person shall carry out or cause to be carried out any alteration or relocation of a property listed on the Register unless the city has first completed an initial review for historic appropriateness of the proposed work in accordance with the requirements of this subchapter. The approval or denial of the proposed work shall be deemed a discretionary action under CEQA (California Code of Regulations, Title 14, § 15002(i)).

(B) Intent . It is the intent of the City of San Gabriel that cultural resources listed on the Register will not be inappropriately altered or relocated unless extraordinary circumstances exist. Initial reviews for appropriateness shall comply with applicable state and federal laws and regulations, including without limitation, CEQA, the National Historic Preservation Act and the National Environmental Policy Act. Performance of any work that falls within the provisions of this subchapter without an initial review is prohibited. (C) Actions requiring an initial review by administrative clearance. Minor alterations to a cultural resource meeting the conditions described in § 153.615(A) and (B).

• (D) Actions requiring an initial review by Commission. The following actions shall require an initial review for appropriateness from the Commission.

• (1) Major alterations or relocation of a cultural resource listed on the Register, including all properties identified as contributing to a historic district listed on the Register; (2) New construction within a historic district listed on the Register;

• (3) Any other project referred to the Commission by the City Council, Planning Commission, Design Review Commission, or city staff.

(E) Exceptions to requirement for initial review, ordinary maintenance and repair . An initial review shall not be required for ordinary maintenance and repair as defined in this subchapter, or for projects that do not, by law, require issuance of a permit and do not involve a change of design, materials, or exterior appearance. From time to time as circumstances warrant, the Commission may, by resolution, modify the list of actions deemed to qualify for an exemption from the initial review requirement. The following work or construction involving a cultural resource shall not require an initial review:

• (1) Exterior or interior paint color;

• (2) Ordinary maintenance and repair that does not require a building permit, as defined in § 153.603 of this subchapter;

(3) Landscaping, including sprinkler system work, that does not affect a character-defining feature;

• (4) Paving work that does not affect a character-defining feature;

• (5) All work that is entirely interior and does not affect the exterior of a cultural resource, except for interior features that are specifically mentioned as character-defining features in a landmark designation adopted by the city or character-defining interior features that were originally accessible by the public; (6) Replacement of existing screens and awnings with the same or substantially consistent materials, form, and shape;

d does not affect the exterior of a cultural resource, except for interior features that are specifically mentioned as character-defining features in a landmark designation adopted by the city or character-defining interior features that were originally accessible by the public; (6) Replacement of existing screens and awnings with the same or substantially consistent materials, form, and shape;

(7) Other projects as determined by the Director or his or her designee.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose. An initial review administrative clearance may be completed by the Director or his or her designee for minor alterations to designated cultural resources that require issuance of a permit but do not involve a change of design, material, or appearance of character-defining features or the removal or obstruction of character-defining features. The initial review administrative clearance shall apply to properties listed on the Register.

(B) Eligibility . From time to time as circumstances warrant, the Commission may, by resolution, modify the list of actions deemed to qualify for an initial review administrative clearance. Minor alterations that may be eligible for an initial review administrative clearance include the following projects:

(1) Demolition or relocation of non-character-defining features, including, without limitation, non-contributing additions, garages, accessory structures or incompatible, previously replaced windows, doors, or siding material;

(2) Re-roofing, if the proposed roofing material is comparable in appearance, color, and profile to the existing or original roofing material, as shown through documentary evidence; (3) Replacement of windows and doors if the proposed replacements are the same materials, form, and color as the existing or original windows and doors, as shown through documentary evidence; (4) Foundation work; (5) Landscape alterations, or removal or installation of tree and plant material not specifically designated or listed as character-defining features in the landmark nomination application;

(6) New paving for driveways, walkways, and/or patios not specifically designated or listed as character-defining features in the landmark nomination application;

(7) Repainting of exterior surfaces and materials that were painted during the period of significance and specified as character-defining features on landmark application materials. The painting of character-defining exterior surfaces and materials that were originally unpainted are specifically excluded from this provision; (8) Installation of exterior lighting;

(9) Electrical, plumbing, utility work, and other permits for mechanical and other building systems, including rooftop appurtenances not visible from the public right-of-way or any property at street level;

(10) Repair or replacement of deteriorated materials with replacements/components made of the same materials, with the same appearance and function as the original character-defining features; (11) Addition or removal of canopies whose removal does not result in damage or destruction of character-defining features; (12) An addition of fewer than 150 square feet located on rear elevations that are not visible from the public right-of-way and that do not change, remove, or obscure character-defining features; (13) Other minor rehabilitation work as determined by the Director or his or her designee; (14) Minor changes to a previously approved administrative initial review as determined by the Director or his or her designee; (Ord. 636-C.S., passed 8-15-17)

The following considerations shall guide the initial review administrative clearance for historic appropriateness.

(A) The Director or his or her designee may approve or approve with conditions an initial review administrative clearance for historic appropriateness for minor alterations to cultural resources listed on the Register that:

(1) Are compatible with the historic character and scale of the cultural resource, including its size, massing, proportions, orientation, architectural details, and the spatial relationships that characterize the property and its site;

• (2) Do not result in a change of design, material, or appearance of the property’s character-defining features (except those changes determined to be in compliance with the Secretary’s Standards, per division (A)(3) below;

(3) Comply with the Secretary’s Standards and any other applicable design guidelines adopted by the city;

(4) Will not cause a substantial adverse change in the significance of a cultural resource in accordance with CEQA;

(5) Are consistent with the goals and policies of the General Plan; and

(6) Are consistent with the provisions of this chapter.

(B) In accordance with CEQA, a project that has been determined to conform with the Secretary’s Standards is generally considered to be a project that will not cause a significant adverse impact to a historical resource, pursuant to California Code of Regulations, Title 14, § 15126.4(b)(1). Projects that comply with the Secretary’s Standards may be exempt from further review under CEQA, pursuant to California Code of Regulations, Title 14, § 15331.

• (C) No changes shall be made to approved plans for which an initial review administrative clearance for historic appropriateness has been completed without resubmitting the revised plans to the Director or his or her designee for review and approval.

• (D) All initial reviews completed in accordance with this section shall expire one year from the date of effectiveness unless work is started within that time.

(E) If the Director or his or her designee determines that proposed work involving a cultural resource could result in a change of design, material, or appearance of characterdefining features or could have the potential to conflict with the Secretary’s Standards, the Director or his or her designee may refer the project and the initial review to the Commission.

(Ord. 636-C.S., passed 8-15-17)

(A) Application. The owner or authorized representative proposing major alterations to a cultural resource listed on the Register shall file an application for an initial review. The application must be accompanied by any required fee.

(1) The application for an initial review shall include the following data:

(a) A description of the proposed work and an explanation of how it complies with the Secretary’s Standards and other applicable design guidelines and standards as appropriate. (b) Detailed architectural plans, including floor plans, elevations, and drawings, illustrating the scale, massing, character, and detailing of the proposed work, including existing and proposed elevations and plans. Information on the specifications and appearance of existing and proposed replacement materials and features should also be included. (c) A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment. (d) Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts. (e) Other information deemed necessary by the Director or his or her designee. (2) Upon deeming the application to be complete, the Community Development Department shall transmit the application to the Commission within ten days of the receipt of a complete application. (3) Early-stage conceptual review. Prior to the hearing for an initial review, applicants shall have the opportunity to present for discussion with the Commission and/or city preservation staff early-stage, conceptual plans for alterations to cultural resources and new construction in historic districts. The purpose of conceptual review shall be to obtain preliminary comments and direction on project design and options prior to the initial review hearing. There is no fee for conceptual review. Conceptual review before the Commission shall be a discussion item (no finding or decision will be taken). (4) Commission review . The Commission shall conduct a public hearing on each initial review application, after which it shall adopt a resolution approving, conditionally approving, or denying the application. (5) Issuance of initial review findings . Upon approval, copies of the initial review findings shall be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one. (6) Appeal . Decisions of the Commission or city regarding an initial review are subject to appeal in accordance with § 153.626 of this subchapter. No initial review shall become effective until the time to appeal its denial or approval has expired. (7) Public notice requirements. All projects requiring an initial review subject to the Commission’s approval shall require public notification. The city shall, no later than ten days prior to the hearing, issue a public hearing notice indicating the place, date, and time of the Commission meeting and include a brief description of the proposed project. Public notification shall be provided as follows: (a) Hearing notice to applicant and owners. Public notification shall be provided to the applicant, to all owners of real property as shown on the county’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which an initial review is requested. As determined by staff, an expanded notification may be required to 500 feet.

ows: (a) Hearing notice to applicant and owners. Public notification shall be provided to the applicant, to all owners of real property as shown on the county’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which an initial review is requested. As determined by staff, an expanded notification may be required to 500 feet.

(b) Hearing notice to owners of historic district properties . Public notification for any project proposed within a locally designated historic district or a district listed on the California Register shall be as follows: the public notification described in division (A) above, plus the owners of real property as shown on the county’s latest equalized assessment roll and to all legal occupants of each property located within the historic district. (Ord. 636-C.S., passed 8-15-17)

(A) The following considerations shall guide the initial review by the Commission.

(1) The Commission may approve or approve with conditions an initial review for projects involving major alterations to cultural resources that:

(a) Are compatible with the historic character and scale of the cultural resource, including its size, massing, proportions, orientation, architectural details, and the spatial relationships that characterize the property and its site;

(b) Do not result in a change of design, material, or appearance of the property’s character-defining features (except those changes determined to be in compliance with the Secretary’s Standards, per division (A)(1)(c) below);

(c) Comply with the Secretary’s Standards and any other applicable design guidelines adopted by the city and therefore are either mitigated to a less-than-significant impact on historical resources under CEQA (CEQA Guidelines [California Code of Regulations. Title 14] § 15064.5(b)(3)) or exempt from CEQA under Class 31, which applies to “projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer” (CEQA Guidelines [California Code of Regulations Title 14] § 15331);

• (d) Will not cause a substantial adverse change in the significance of a cultural resource in accordance with CEQA;

• (e) Are consistent with the goals and policies of the General Plan; and

• (f) Are consistent with the provisions of this subchapter.

(2) No changes shall be made to approved plans for which an initial review was completed without resubmitting the revised plans for Commission review.

(3) All initial reviews completed in accordance with this section shall expire one year from the date of effectiveness unless work is started within that time. (Ord. 636-C.S., passed 8-15-17)

(A) Purpose. No person shall carry out or cause to be carried out any major alteration or relocation of a potential cultural resource listed on the Inventory unless the city has first completed an initial review in accordance with the requirements of this subchapter. The approval or denial of the proposed work involving Inventory-listed cultural resources shall be deemed a discretionary action under CEQA (California Code of Regulations, Title 14, § 15002(i).

(B) Actions requiring an initial review. The following actions shall require an initial review from the Director or his or her designee. The Director may refer some initial reviews for Inventory resources to the Commission for action. Performance of any work that falls within the provisions of this subchapter without an initial review is prohibited.

(1) Major alterations or relocation of a cultural resource listed on the Inventory;

(2) New construction within a historic district listed on the Inventory;

(C) The Director shall develop procedures and findings associated with the completion of an initial review for Inventory properties.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose. Relocation has the potential to adversely affect the significance of cultural resources and is discouraged. Should relocation of a Register-listed cultural resource be necessary, this section outlines the process and criteria for issuance of a certificate of appropriateness for relocation.

(B) Procedure. The Director or his or her designee shall review applications for relocating Register-listed cultural resources. At the discretion of the Director, relocation applications can be submitted to the Commission for review.

(C) Criteria for relocation . Relocation shall be permitted only when relocation is consistent with the goals and policies of the General Plan, this subchapter, and applicable area or specific plans, and only when all of the following findings can be made by the Director or Commission:

• (1) Relocation will not significantly change, destroy, or adversely affect the historic integrity of the cultural resource;

(2) Relocation will not have a significant adverse effect on the character of the historic district or neighborhood, or surrounding properties where the cultural resource is located or at the location of its receiver site;

(3) The original site and the proposed receiver site are controlled through ownership, long-term lease, or similar assurance by the person(s) proposing relocation, to the Commission’s approval; and

(4) The relocation is necessary to correct an unsafe or dangerous condition on the site and no other measures for correcting the condition have been determined feasible, or the relocation is necessary to preserve the cultural resource and all other feasible options for preservation on the original site have failed, as determined by the Director or Commission.

(D) Relocation timing . The cultural resource shall not be relocated until all appropriate entitlements have been obtained.

(E) Relocation plan . Relocations shall follow a plan approved by the Commission or Director and include the following:

• (1) Application for relocation shall be made on a form provided by the Director.

(2) The Commission shall hold a noticed public hearing and make a determination to approve or deny the permit.

(3) The Commission shall not grant an approval for the relocation of a listed historic resource unless the criteria for relocation have been met.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose. This section describes the process for obtaining a certificate of demolition for any property listed on the Register or Inventory. No permit shall be issued by the city or staff designee to demolish a property included on the Register or Inventory without first obtaining a certificate of demolition. The approval or denial of the certificate of demolition shall be deemed a discretionary action under CEQA (California Code of Regulations, Title 14, § 15002(i)). Penalties for noncompliance with the provisions of this subchapter are described in § 153.629 (Enforcement and Penalties).

(B) Intent. It is the intent of the city that cultural resources will not be demolished unless extraordinary circumstances exist. In keeping with the purpose of the General Plan and this subchapter, cultural resources merit protection in order to encourage their retention for the benefit and enjoyment of current and future generations. The following provisions are intended to establish reasonable measures to ensure that cultural resources are not inadvertently or unnecessarily destroyed and that all feasible alternatives to their demolition are explored.

(C) Compliance with federal and state laws. Review of all applications for a certificate of demolition shall comply with applicable state and federal laws and regulations, including without limitation, CEQA, the National Historic Preservation Act and the National Environmental Policy Act.

• (D) Application materials . All applications for a certificate of demolition will include:

(1) The demolition permit application, on a form prescribed by the Director;

(2) If the cultural resource has been determined an imminent hazard, documentation from the Director, including documentation from a qualified structural engineer, as defined in § 153.603 (Definitions), describing the basis for this determination;

(3) If the cultural resource has been determined to no longer meet the criteria for eligibility, documentation from a qualified architectural historian or historian as defined in § 153.603 (Definitions), describing the basis for this determination;

(4) Other materials as requested by the Director. Such materials may include (but not be limited to) current photographs of the resource(s) for which the certificate of demolition is requested; a plot plan identifying the resource(s) proposed for demolition and any other buildings, structures or historic features on the property; and documentation of any claims by the applicant regarding the condition or costs for repair of the resource.

ector._ Such materials may include (but not be limited to) current photographs of the resource(s) for which the certificate of demolition is requested; a plot plan identifying the resource(s) proposed for demolition and any other buildings, structures or historic features on the property; and documentation of any claims by the applicant regarding the condition or costs for repair of the resource.

(E) One hundred eighty-day waiting period . For any cultural resource not deemed an imminent hazard, the Director and/or Commission may delay demolition for a period of up to but not exceeding 180 days. During this period, the Commission and Director shall work with the property owner to explore alternatives to demolition, including adaptive re-use and/or rehabilitation in accordance with the Secretary’s Standards, application of the California Historical Building Code to allow for flexibility in code requirements in cases of adaptive reuse or rehabilitation, use of financial incentives such as the Mills Act historic property contract program, relocation, resale, or other provisions as appropriate. (F) Procedure. (1) Upon receipt of an application for demolition, a notice of intent to demolish, on a form approved by the Director, shall be prominently posted on the property. (2) The Director or his or her designee shall review the application for demolition and confirm that all requested materials have been provided. Once deemed complete, the application will be scheduled for the next available Commission meeting. (3) If the cultural resource proposed for demolition has been determined to be an imminent threat to public health, safety, and welfare by the City Building Official, the Director or his or her designee may approve or deny the request. (4) All projects requiring a certificate of demolition shall require public notification. The city shall, no later than ten days prior to the hearing, issue a public hearing notice indicating the place, date, and time of the Commission meeting and include a brief description of the proposed project. Public notification shall be provided as follows: (a) Hearing notice to applicant and owners . Public notification shall be provided to the applicant, to all owners of real property as shown on the county’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which a certificate is requested. (b) Hearing notice to owners of historic district properties. Public notification for any project proposed within a locally designated historic district or a district listed on the California Register shall be as follows: the public notification described in division (F)(4)(a) above, plus the owners of real property as shown on the county’s latest equalized assessment roll and to all legal occupants of each property located within the historic district. (5) The Commission shall review the application, staff report, and hear evidence presented by property owners and members of the public to determine if the criteria for demolition approval have been met. The Commission shall approve, deny, delay the demolition for a specified period, approve with conditions, or continue the application to obtain additional information necessary to consider the demolition request. (6) If the demolition request is denied because it does not meet the aforementioned criteria, the applicant may request demolition approval based on a finding of economic hardship in accordance with § 153.623 of this subchapter; (7) If the demolition request is denied, the owner or applicant may appeal the Commission’s decision in writing to the City Council within ten days of the Commission’s decision in accordance with § 153.626 of this subchapter. (8) If a certificate of demolition approval is granted on any basis other than that of imminent hazard to public safety or economic hardship, the city will not issue a certificate of demolition approval until (1) Historic American Buildings Survey (HABS) or Historic American Engineering Report (HAER) documentation of the resource slated for demolition and its setting have been completed by a qualified architectural historian, historian, or historic architect as defined in this subchapter and (2) plans for the replacement structure have been approved by the Commission. The replacement plan must be in compliance with existing zoning, the city’s General Plan, any adopted neighborhood or specific plan for the area and applicable design guidelines. Vacant land or non-use will not constitute a valid replacement plan. (9) The Director or his or her designee will analyze the replacement plan for its conformance with the Secretary’s Standards and other city-level design guidelines as applicable and will prepare a report with recommendations. (a) The Commission will review the replacement plan and make a decision to approve, deny, approve with conditions or continue the matter with specific instructions as to what information is needed to make a decision on the request. (b) If the replacement plan is denied, the owner or applicant may appeal the decision of the Commission in writing to the City Council within ten days of the decision. The City Council will hear the appeal according to § 153.626 of this subchapter. (G) Mandatory findings. The city shall not issue a certificate of demolition for a cultural resource listed on the Register or Inventory unless the applicant has met all of the following conditions: (1) The 180-day waiting period or other period of up to 180 days as required by the Commission has expired and all steps to explore alternatives to demolition, as described in § 153.621(E) have been explored to the Commission’s satisfaction; (2) Any deterioration of the cultural resource is not the result of the failure of the owner to maintain the property in accordance with § 153.613 of this subchapter; (3) As a condition of approval, all permits have been granted for the replacement structure;

and all steps to explore alternatives to demolition, as described in § 153.621(E) have been explored to the Commission’s satisfaction; (2) Any deterioration of the cultural resource is not the result of the failure of the owner to maintain the property in accordance with § 153.613 of this subchapter; (3) As a condition of approval, all permits have been granted for the replacement structure;

(4) CEQA analysis has been conducted, and the owner has provided substantial evidence, as defined in CEQA (Cal. Pub. Res. Code § 21080(e)), demonstrating that no feasible alternative exists that would avoid a significant adverse impact to the cultural resource.

(H) Proposed demolition of properties 45 years old or older.

• (1) Purpose. The Cultural Resources Chapter of the General Plan includes goals and targets intended to diminish “imminent threats to San Gabriel’s heritage” (Goal 11.4). Specifically, Target 11.4.1 specifies the creation of an ordinance that “provides protection against demolition.” This provision forwards this General Plan goal.

(2) Intent. This section shall diminish imminent threats to properties that qualify as cultural resources but have not been subject to evaluation. The section describes the circumstances in which the Director or his or her designee shall prepare, or cause to be prepared, a historic resources assessment of any property proposed for demolition that is 45 years of age or older but not included on the Register or Inventory.

(3) Applicability. If a permit is sought to demolish a property that was constructed at least 45 years prior to the date of application for demolition, the application shall be referred to the Director to make a preliminary determination as to whether the property meets national, state, or local criteria for designation, if the property: (a) Is not already listed on the Register or Inventory;

(b) Is not the subject of a pending landmark nomination for the Register, either individually or as a contributor to a historic district.

(4) Exception, properties within recently surveyed areas. If the property proposed for demolition falls within an area of the city that was subject to a historic resource survey approved and adopted by the City Council within the last five years, and the property was not identified as a potential cultural resource, a historic resources assessment will not be required.

(5) Determination by Director.

(a) Time limit and criteria. Within a timely manner from receipt of an application to demolish a property under division (H) below, the Director or his or her designee will obtain a professional opinion from a qualified architectural historian or historian as defined in § 153.603 (Definitions) of this subchapter as to whether the property is potentially eligible for federal, state, or local listing. If the Director determines that the property is potentially eligible at the federal, state, or local level, he or she shall prepare, or cause to be prepared, with assistance from a qualified architectural historian or historian as defined in § 153.603 (Definitions) of this subchapter, an intensive-level historic resources evaluation (HRE) following practices promulgated by the State Office of Historic Preservation.

(b) Notice. The Director shall notify the property owner of the determination of the HRE in writing within a timely manner. Failure of the Director to act within 60 days shall be considered a determination that the property is not eligible for listing at the federal, state, or local level.

(c) Determination and effect.

1. If, based on a negative finding of the HRE, the Director determines that the property is not eligible at the federal, state, or local level, the permit to demolish the property shall be issued without further restrictions under this subchapter.

2. If, based on a finding of the HRE, the Director determines that the property is potentially eligible at the federal, state, or local level, the Director shall schedule consideration of the HRE on the next available agenda of the Commission. Following review of the HRE and concurrence by the Commission, the property shall be added to the Inventory and the provisions of § 153.621 shall apply to the proposed demolition.

(Ord. 636-C.S., passed 8-15-17)

(A) Work hold–pending historic landmark designation. Except as necessary to correct an unsafe or dangerous condition pursuant to § 153.624, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring an initial review on a proposed cultural resource for which an application has been filed, until final approval of the designation. An exception to the work hold shall apply for alterations shown to comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, as found through the project review process and criteria established in this subchapter.

(B) Work hold–pending historic district designation . Except as necessary to correct an unsafe or dangerous condition pursuant to § 153.624, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring an initial review for any property within the boundaries of a proposed historic district while an application for designation is pending. An exception to the temporary moratorium shall apply for alterations shown to comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, as found through the project review process and criteria established in this subchapter. (Ord. 636-C.S., passed 8-15-17)

(A) Purpose. The city recognizes that there may be circumstances in which the provisions of this subchapter could create an undue economic hardship. This section describes the criteria and process for property owners to demonstrate that such a hardship exists. The City Council may issue a certificate of economic hardship to allow alteration or demolition of a cultural resource listed on the Register or Inventory where denial of the same would create an undue economic hardship upon the owner.

(B) Threshold . For income-producing properties, the threshold for establishing economic hardship shall be that a reasonable rate of return cannot be obtained from the property in its present condition or if rehabilitated. For non-income-producing properties, the threshold for establishing economic hardship shall be that, without approval of the proposed demolition or remodel, the property owner would be deprived of all reasonable use of or return from the property. For proposed demolition, the commission must make the finding that the cultural resource cannot be remodeled or rehabilitated in a manner that would allow for a reasonable use of or return from the property.

(C) Applications. An application for a certificate of economic hardship shall be subject to a pro forma evaluation completed for the city by a qualified economic professional selected from a list of qualified economic professionals to be maintained by the city. The application shall be made on the prescribed form and be accompanied by the following information. The following would be applicable, unless the Director makes the written determination that such information is not required:

(1) The estimated market value of the property in its current condition with supporting documentation.

(2) The estimated market value of the property after completion of the proposed alteration or demolition with supporting documentation.

(3) Estimates of the costs of proposed alteration or demolition with supporting documentation.

(4) In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from a qualified historic architect as defined in § 153.603 (Definitions) as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(5) A rehabilitation report from a qualified structural engineer or historic architect as defined in § 153.603 (Definitions) of this subchapter as to the structural condition of the property and feasibility of stabilization and rehabilitation.

(6) For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.

(7) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

(8) All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

(9) The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. (10) Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two years.

(11) Any other information the Director may reasonably require in order to determine whether or not the property may yield a reasonable return to the owners.

(F) Hearing required . The City Council shall hold a public hearing on all applications for a certificate of economic hardship; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for an initial review or certificate of demolition.

(G) Findings. The City Council shall approve a certificate of economic hardship if it makes all of the following findings:

(1) Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property.

(2) Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in the applicable zone.

(3) Adaptive reuse of the property for lawful purposes is prohibited or impractical.

(4) Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

(H) Approval.

(1) Upon approval, copies of the certificate of economic hardship shall be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one.

(2) No certificate of economic hardship shall become effective until the time to appeal its approval has expired.

(Ord. 636-C.S., passed 8-15-17)

(A) None of the provisions of this subchapter shall be construed to prevent any construction, alteration, removal, demolition or relocation of a historic landmark or contributing resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the Building Official, with a report from a qualified structural engineer or other qualified professional, has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition or relocation necessary to correct the condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. All assessments shall utilize the California Historical Building Code and the Uniform Code for Building Conservation.

(B) The Building Official shall inform the Commission and Director prior to authorizing any work pursuant to this subchapter unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition; in which case, the Building Official shall report his or her actions to the Director within 48 hours and to the Commission at its next regular meeting.

(C) If work authorized by the Building Official pursuant to this subchapter is not immediately necessary to correct the unsafe or dangerous condition, the Commission may advise the Building Official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation,

relocation, documentation, and/or salvage of the cultural resource or contributing resource. Notwithstanding the foregoing, if no arrangements have been made for rehabilitation, relocation, or salvage within 60 days of an order to abate a nuisance, or an earlier time if determined to be necessary by the Building Official, the Building Official may proceed with the abatement action.

(Ord. 636-C.S., passed 8-15-17)

If any action required or taken pursuant to this subchapter is subject to the provisions of CEQA, the time in which such action must be taken shall be extended to the extent necessary to allow time to comply with the Act.

(Ord. 636-C.S., passed 8-15-17)

(A) The owner of a property subject to review, or the applicant, if different than the owner, may appeal any decision by the Director or Commission under this subchapter pursuant to the limitations and procedures in Title XV, § 153.004 of this code. All appeals brought under this section shall be accompanied by a filing fee following a fee structure established by the City Council.

(B) Any decision regarding a cultural resource by the Director shall become final ten business days following the date of the decision unless an appeal to the Commission is filed. (C) Any decision of the Commission regarding a cultural resource shall become final ten business days following the date of the decision unless an appeal to the City Council is filed.

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose. The City Council may by resolution or ordinance adopt preservation incentives to encourage the designation, preservation, maintenance, and appropriate rehabilitation of the city’s cultural resources. Preservation incentives, in the form of financial and regulatory incentives, shall be made available to owners of properties that are designated cultural resources, either individually or as contributors to historic districts, and listed in the San Gabriel Register of Cultural Resources.

e the designation, preservation, maintenance, and appropriate rehabilitation of the city’s cultural resources. Preservation incentives, in the form of financial and regulatory incentives, shall be made available to owners of properties that are designated cultural resources, either individually or as contributors to historic districts, and listed in the San Gabriel Register of Cultural Resources.

(B) Financial preservation incentives . The following financial incentives shall be made available to owners of designated cultural resources, in a process to be determined by the Director: (1) Waiver of initial review for historic appropriateness/administrative approval fees . All fees associated with the completion of an initial review for historic appropriateness shall be waived for designated cultural resources. (2) Mills Act historic property contracts . Through the Mills Act historic property contract program, the city allows owners of designated cultural resources to receive a reduction in property taxes in exchange for a commitment to complete specific repair, restoration, and/or rehabilitation project and on-going maintenance in accordance with the Secretary’s Standards and other applicable design guidelines and criteria. The City Council, on the advice of the Director and Commission, shall periodically review and update the application process, criteria, and procedures for Mills Act contracts, by resolution or ordinance. The Mills Act was adopted by the city by resolution on August, 21, 2001 (Resolution No. 01-31). The state-level enabling legislation for the Mills Act program is contained in Cal. Gov’t Code §§ 50280 through 50290. (3) Preservation easements. Preservation easements may be acquired by the city through donation or purchase. The preservation easement would be accepted and administered by a state or local 501(c)(3) organization dedicated to historic preservation. The easement would specify the conditions and restrictions running with the land designed to preserve and maintain the cultural resource. (C) Regulatory preservation incentives . Designated cultural resources are eligible for the following regulatory preservation incentives, which are intended to encourage the preservation and ongoing use of the city’s cultural resources. The following incentives shall be made available to owners of designated cultural resources, in a process to be determined by the Director: (1) California Historical Building Code. The California Historic Building Code (Title 24, Part 8, California Administrative Code) shall guide upgrades and alterations to designated cultural resources. (2) Transfer of development rights . Through the transfer of development rights (TDR) program, the City Council may by resolution approve the sale of unused development rights from designated cultural resources (sender sites) to development sites (receiver sites). Before any transferable development rights are offered for sale, the city shall establish by resolution the criteria, procedures, and public process, through the city’s formal bidding procedures, to sell unused floor area development rights from sender sites to receiver sites. TDR policies and procedures will be periodically reviewed and updated as needed by the city. (3) Exemption from design review. Design review shall be carried out concurrently by the Historic Preservation and Cultural Resource Commission for the following projects: (a) All major alterations to designated cultural resources, including individually listed properties and contributors to historic districts; (b) New construction and in-fill within the boundaries of designated historic districts; (c) All new construction, additions to, and alterations of a parcel including a designated cultural resource, whether individually listed or a contributor to a historic district. (4) Exemption for nonconforming uses . On a case by case basis, a preexisting nonconforming use or site condition may be changed to a permitted use or site condition at the discretion of the Director, if the exemption encourages the retention and ongoing viable use of a designated cultural resource. (5) Reduction of commercial parking requirements . At the discretion of the Director, commercial properties included on the Register may be granted a reduction in parking requirements, to a maximum of 50%, based on the degree to which the historic character of the cultural resource would be preserved, enhanced, or made more viable through the reduction in parking requirements.

ultural resource. (5) Reduction of commercial parking requirements . At the discretion of the Director, commercial properties included on the Register may be granted a reduction in parking requirements, to a maximum of 50%, based on the degree to which the historic character of the cultural resource would be preserved, enhanced, or made more viable through the reduction in parking requirements.

• (6) Residential waiver for garage space requirement.

• (a) Residential properties included on the Register may be granted a waiver of the requirement for an additional covered parking space for additions of more than 25% of the existing gross floor area (§ 153.049, Zoning Code, Garage Space Required). Waiving the requirement for additional covered parking spaces encourages the retention and protection of historic garages and carports, which contribute to the historic character and integrity of historic districts and conservation overlay zones. (b) This section allows the Director to waive the requirement for an additional covered parking space where the Commission first determines through the certificate of appropriateness approval process that:

1. The property has an existing historic garage or carport that is a contributing element of the cultural resource;

2. The existing historic garage or carport can accommodate at least one vehicle;

3. The existing historic garage or carport is structurally sound or, if deteriorated, the Commission approves a rehabilitation plan for the historic garage or carport as part of the certificate of appropriateness approval process;

4. The second required parking space can be accommodated outside of the existing covered parking space within an existing legal driveway or tandem space; 5. The cumulative addition to the historic property is less than 50% of the existing floor area;

5. The additional living space does not include a new dwelling unit on the property.

(Ord. 636-C.S., passed 8-15-17 ; Am. Ord. 679, passed 10-19-21 )

The City Council shall by resolution adopt a schedule of fees to be charged for any application for designation, termination of a designation, for demolition permits, and for appeals pursuant to this subchapter.

(Ord. 636-C.S., passed 8-15-17)

(A) Any person who violates a requirement of this subchapter or fails to obey an order issued by the City Council, Commission and/or Director, or fails to comply with a condition of approval of any certificate or permit issued under this subchapter, shall be subject to enforcement actions as set forth in § 153.005 (Violations) of this code. (B) In addition to all other remedies available to the city, any alteration or demolition of a cultural resource in violation of this subchapter is expressly declared to be a nuisance and may be abated as deemed appropriate by the city.

(C) In addition to all other remedies, the city shall have the authority to impose a temporary moratorium on the development of a property for a period not to exceed 60 months from the date the city becomes aware of any alteration or demolition in violation of this subchapter, unless the owner obtains permits to restore or reconstruct the property to its original condition prior to the violation and the work is consistent with the Secretary’s Standards. The purpose of the moratorium is to provide the city with an opportunity to study and determine appropriate mitigation measures for the alteration and/or removal of the cultural resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures, as determined by the Commission and/or Director, shall be imposed as a condition of any subsequent permit for development of the subject property.

(D) The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction, or replacement of any cultural resource demolished, partially demolished, altered, or partially altered in violation of this subchapter.

(E) Any person who constructs, alters, removes, or demolishes a cultural resource without the approval and issuance of a certificate or permit issued pursuant to this subchapter may be required to restore the property to its appearance prior to the violation to the extent such restoration is physically possible, under the guidance of the Director. This civil remedy shall be in addition to, and not in lieu of, any criminal penalties available.

(F) In addition to any other remedies provided herein, any violation of this subchapter may be enforced by civil action brought by the city. Remedies under this subchapter are in addition to and do not supersede or limit any and all other remedies or penalties, whether civil or criminal. The remedies provided herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, one or both of the following remedies:

(1) A temporary or permanent injunction, or both;

(2) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this division (F).

(Ord. 636-C.S., passed 8-15-17)

(A) Purpose . In keeping with the goals and policies of General Plan Chapter 11 (Cultural Resources), this section outlines the procedures and criteria for the identification, documentation, and management of archaeological, Native American, and paleontological cultural resources. (B) Scope and applicability . (1) Potential project impacts to those cultural resources that are significant archaeological, Native American, and paleontological resources shall be addressed during project review as described in this section. This shall be accomplished through the identification of potential significant cultural resources (Phase I), the evaluation of those resources’ significance (Phase II), and, where necessary and appropriate, the mitigation of substantial adverse impacts through data recovery/salvage (Phase III) by qualified professionals as defined in § 153.603 of this subchapter.

(2) The provisions of this policy shall apply to all activities including but not limited to proposed structures, expansions, additions, alterations, grading, excavation, trenching, and/or demolition on properties containing archaeological, Native American, or paleontological resources classified as follows: (a) Listed on the Register or Inventory;

(b) Listed on the California Register of Historical Resources or on the National Register of Historic Places;

(c) Determined by the Director or the State Historic Preservation Officer to be eligible for listing on the California Register of Historical Resources, the National Register of Historic Places, or the Register; (d) Or are located in areas with a high or medium potential for the presence of cultural resources; in order to make this determination, the city shall prepare or cause to be prepared a cultural resource sensitivity map.

he State Historic Preservation Officer to be eligible for listing on the California Register of Historical Resources, the National Register of Historic Places, or the Register; (d) Or are located in areas with a high or medium potential for the presence of cultural resources; in order to make this determination, the city shall prepare or cause to be prepared a cultural resource sensitivity map.

(C) Report preparation. (1) All development applications satisfying the above criteria shall be required to submit a Phase I cultural resources inventory report and/or a paleontological resources inventory report to the city as a part of their application. Applications for properties that contain potential cultural resources that have not been evaluated for significance shall be required to submit a Phase II cultural resources evaluation report to the city as part of their application. A development application shall not be considered complete until said report(s) as required by this subchapter is submitted to the city. (2) If the Director determines that the proposed project could potentially affect a known or suspected cultural resource adjacent to the project site, then the applicant will be required to submit a Phase I cultural resources inventory report in order to determine whether the project has the potential to impact the cultural resource. (3) Cultural resources reports and paleontological resources reports shall be the responsibility of the applicant. The reports shall be prepared by qualified archaeologists or paleontologists as defined in § 153.603 of this subchapter. (4) Cultural resources reports shall be prepared in a standard format: the California Office of Historic Preservation Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. All cultural resources reports and appended resource records shall be filed with the local California Historical Resources Information System (CHRIS) Information Center. (5) Paleontological resources reports shall be prepared in a standard format and shall include a clear description and map of the project location, as well as descriptions of the author’s qualifications; the criteria used to evaluate the property; the study’s methods, limitations, and dates of investigation; background materials consulted; the study’s results, including a map and quantified list of identified paleontological resources identified on the property; and the name of the facility where any recovered paleontological resources will be curated.

descriptions of the author’s qualifications; the criteria used to evaluate the property; the study’s methods, limitations, and dates of investigation; background materials consulted; the study’s results, including a map and quantified list of identified paleontological resources identified on the property; and the name of the facility where any recovered paleontological resources will be curated.

(6) The report shall include a description and map indicating location of specific sites, features, isolates, and fossils analyzed within the report. The mapped location of archaeological sites, Native American resources, and fossil localities is confidential information, not to be released for public view. It is to be provided to the city as an appendix to the main report. (7) The city may prepare or commission the preparation of Cultural Resource Management Guidelines, in conjunction with a qualified archaeologist, in order to establish the specific requirements for identifying, recording, evaluating, and mitigating impacts to archaeological, Native American, and paleontological resources, and for the preparation of Phase I, Phase II, and Phase III reports and associated documentation. (D) Exemptions. The following applications shall be exempt from the requirements for submitting reports: (1) Applications for a property for which a Phase I cultural resources inventory report and/or paleontological resources report has been accepted by the city within the last five years, provided that there were no significant errors in methodology or content as determined by the Director and that the application complies with any applicable mitigation requirements. (2) Projects that require a permit application that will not excavate deeper than 12 inches or excavate more than 50 cubic yards of earth, or those for which the Director, based on expert advice, has determined in writing, that the sediments to be disturbed do not have the potential to yield subsurface artifacts, archaeological features, or fossils. (3) Projects that are limited to repair and maintenance of existing facilities and/or utilities without ground disturbing activities that extend beyond the footprint of those facilities or utilities. (4) Projects that are ground level residential additions less than 500 square feet and are in accordance with § 153.630. (E) Review process. (1) All development applications subject to the provisions of this section shall be reviewed in the following manner in order to effectively identify and evaluate any cultural resources that exist on the project site and to mitigate substantial adverse changes to their significance: (2) The applicable preliminary report shall be submitted to the Director. The Director may take the following actions: (a) If the report finds and the Director concurs that no significant cultural resources are present, the Director shall require that the project comply with on-site monitoring and mitigation (see division (F) below). The Director may direct the city to retain the services of a separate qualified archaeologist or a qualified paleontologist to provide an independent review of these findings. (b) If the report identifies the presence of archaeological, Native American, or paleontological resources, the Director shall refer the report for consideration to the Commission. (3) The Commission, in reviewing the development proposal, shall evaluate the report and incorporate mitigation conditions for the project in order to preserve any known or identified significant archaeological, Native American, or paleontological resources. (4) Any conditions or mitigation measures required by the Director or Commission shall be forwarded to the Building and Safety Division and enforced in accordance with Cal. Pub. Res. Code § 21081.6. (5) All decisions of the Director may be appealed to the Commission, and all decisions of the Commission may be appealed to the City Council in accordance with § 153.626 of this subchapter. (F) On-site monitoring and mitigation (archaeological/Native American resources). (1) The Building and Safety Division shall be provided with an executed consultant services contact with the individual responsible for supervising onsite archaeological monitoring, who shall be a qualified archaeologist selected from approved list of qualified archaeologists to be maintained by the city. (2) In instances, due to known or expected existence of subsurface Native American resources or as an outcome of Native American consultation, the consulting archaeologist or the Director may request that a Native American monitor be present on-site during grading operations. If so requested, a qualified Native American monitor shall be retained by the project applicant. (3) If unanticipated subsurface cultural resources are discovered at the site, the archaeologist shall take immediate steps to stop all construction activity within 25 feet of the cultural material. The Director shall be immediately informed of the situation. If it is determined that the find is an isolated occurrence or that the remaining construction activity will not significantly impact the cultural resource, work shall be permitted to continue on the site. A report by the qualified archaeologist shall be submitted prior to the final inspection of the site, detailing the contents of the unearthed cultural resource. (4) In the event of an unanticipated discovery of cultural resources when neither an archaeologist nor Native American monitor is on site, the information is to be communicated to the Director at once. In the event that the discovery includes potential human remains, Cal. Health and Safety Code § 7050.5 and Cal. Pub. Res. Code § 5097.98 shall be followed. (5) Should unanticipated cultural resources be encountered, work shall be halted or diverted from the vicinity of the discovery until the significance of the cultural resource can be determined by the Director. A recommendation will be prepared by the qualified archaeologist indicating whether the find is potentially significant and the recommended course of action for its protection or further evaluation. The Director shall determine if the city should retain the services of a separate consulting archaeologist to provide an independent recommendation of site significance. (6) On the Director’s recommendation,

ndation will be prepared by the qualified archaeologist indicating whether the find is potentially significant and the recommended course of action for its protection or further evaluation. The Director shall determine if the city should retain the services of a separate consulting archaeologist to provide an independent recommendation of site significance. (6) On the Director’s recommendation,

ndation will be prepared by the qualified archaeologist indicating whether the find is potentially significant and the recommended course of action for its protection or further evaluation. The Director shall determine if the city should retain the services of a separate consulting archaeologist to provide an independent recommendation of site significance. (6) On the Director’s recommendation, reports relating to the discovery of significant archaeological or Native American resources shall be referred to the Commission at their next available meeting. Notice of the hearing by the Commission shall be given not less than ten days prior to any action taken on the matter to be considered. Such notice shall include the date, time, and place of the hearing and description of the matter under consideration. Notice of the hearing shall also be sent to the property owner(s) of record and to other persons who have requested to be notified of such matters, or whom the Director or his or her designee determines may have an interest in the matter. (7) The Commission, after considering the contents, recommendations, and findings of the report, and after receiving and considering testimony by interested individuals or groups, may take the following actions: (a) Determine that the find is not significant and allow work to resume. (b) Determine that additional testing is necessary to evaluate the significance of the find. If additional testing is determined necessary, similar procedures as defined in divisions (F)(4) and (5) above shall be followed. (c) Determine that the proposed project will not significantly affect the cultural resource and that it can be documented and left in situ without compromising the integrity of the cultural resource. (d) Forward a recommendation to the City Council to initiate data recovery procedures or protect the artifacts in situ. (8) If the Commission forwards a recommendation of either data recovery or protection in situ that conflicts with currently approved plans, the item shall be scheduled for consideration at the next meeting of the City Council as an urgency item. The decision of the City Council shall be considered final. (9) In the event that an unanticipated discovery of cultural material is made, all expenses related to work performed shall be reimbursed by the permit applicant. (10) Whether cultural material is discovered or not, all monitors (archaeologists and Native American) shall submit a written summary of their services and observations. (11) Prior to the issuance of any permit or action to proceed for the demolition of a cultural resource, the owner may be required to allow for the removal of significant features. The owner shall make these features available to local historic interest or Native American groups. The expense of the removal and storage of recovered features is to be borne by the historic interest or Native American groups. The owner may also be required, as a mitigation measure for any proposed demolition or alteration of a cultural resource, to document the cultural resource through photographs and historic narrative. These records will become the property of the city.

ve American groups. The expense of the removal and storage of recovered features is to be borne by the historic interest or Native American groups. The owner may also be required, as a mitigation measure for any proposed demolition or alteration of a cultural resource, to document the cultural resource through photographs and historic narrative. These records will become the property of the city.

(G) On-site monitoring and mitigation enforcement (Paleontology).

(1) The Building and Safety Division shall be provided with an executed consultant services contract with the individual responsible for supervising on-site monitoring, who shall be a qualified paleontologist from an approved list of qualified paleontologists to be maintained by the city to be present on-site during grading operations.

(2) If paleontological material is present on the site, the qualified paleontologist shall submit a report describing the fossils that exist on the site. Said report shall include a statement on the significance of the discovery and recommended actions. If the paleontologist finds that the find is not significant, the Director may allow construction to proceed. (3) On the Director’s recommendation, reports relating to the discovery of significant paleontological resources shall be referred to the Commission at their next available meeting. Notice of the hearing by the Commission shall be given not less than ten days prior to any action taken on the matter to be considered. Such notice shall include the date, time, and place of the hearing and description of the matter under consideration. Notice of the hearing shall also be sent to the property owner(s) of record and to other persons who have requested to be notified of such matters, or whom the Director or his or her designee determines may have an interest in the matter.

(4) The Commission, after considering the contents of the report, its recommendations, and review of testimony by interested individuals or groups, may take the following actions:

(a) Determine that the find is insignificant and allow work to resume.

(b) Determine that additional study is necessary to evaluate the significance of the fossils. Said study and report to be submitted within 30 days.

(c) Forward a recommendation to the City Council to initiate fossil salvage procedures or protect the fossils in situ.

(5) If the Director forwards a recommendation of either fossil salvage or protection in situ, the item shall be scheduled for consideration at the next meeting of the City Council. The decision of the City Council shall be considered final.

(6) Whether source material is discovered or not, a written report shall be prepared by all paleontological monitors summarizing their services and observations.

(H) Consultation with California Native American groups. California Native American tribes traditionally and culturally affiliated with San Gabriel may have expertise concerning their Native American resources, and consultation with these groups is a required element of compliance with CEQA (Cal. Pub. Res. Code § 21080.3.1). (Ord. 636-C.S., passed 8-15-17)

Should any section or provision of this subchapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this subchapter as a whole or any section thereof other than the section or provision specifically declared to be invalid.

(Ord. 636-C.S., passed 8-15-17)

(A) Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(B) Violation of any provision of §§ 153.320 through 153.333 is hereby determined to constitute an infraction, punishable by a fine not exceeding $100 for a first violation, a fine not exceeding $200 for a second violation of the same section within a 12 consecutive month period, and a fine not exceeding $500 for each additional violation of the same section within a 12 consecutive month period. A fourth violation within a 12 consecutive month period shall constitute a misdemeanor. ('65 Code, § 9-3.2415) (Ord. 445-C.S., passed 5-16-95)

(C) Any person who violates any provision of §§ 153.350 through 153.357 or fails to comply with a condition of approval of a precise plan as approved by the Planning Commission or City Council shall be guilty of a misdemeanor and be subject to the penalties prescribed by state law. ('65 Code, § 9-3.2508) (Ord. 351-C.S., passed - - )