Title XV — LAND USAGE

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TITLE XV: - LAND USAGE CHAPTER 150: - BUILDING REGULATIONS GENERAL PROVISIONS[[1]]

Footnotes:

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Editor's note— Ord. No. 1137, passed April 16, 2024, amended ch. 150, by deleting §§ 150.001—150.011, and adding §§ 150.001—150.013. Former §§ 150.001—150.011, pertained to similar subject matter, and derived from the 1964 Code; Ord. 338, passed July 25, 1968; Ord. 484, passed August 14, 1974; Ord. 535, passed April 13, 1978; Ord. 601, passed May 28, 1981; Ord. 621, passed July 22, 1982; Ord. 653, passed July 12, 1984; Ord. 667, passed May 23, 1985; Ord. 688, passed March 13, 1986; Ord. 730, passed February 11, 1988; Ord. 734, passed July 14, 1988; Ord. 749, passed June 8, 1989; Ord. 773, passed June 14, 1990; Ord. 796, passed July 25, 1991; Ord. 805, passed April 23, 1992; Ord. 809, passed June 11, 1992; Ord. 819, passed January 28, 1993; Ord. 832, passed January 11, 1994; Ord. 854, passed July 13, 1995; Ord. 860, passed July 13, 1995; Ord. 868, passed December 18, 1995; Ord. 875, passed June 12, 1997; Ord. 903, passed August 10, 1999; Ord. 988, passed February 28, 2008; Ord. 1052, passed December 19, 2013; Ord. 1083, passed February 9, 2017; Ord. 1109, passed January 9, 2020; and Ord. 1116, passed January 3, 2023.

(A)

Chapters 1 through 35, 66, 67, 96, 98, 99 and Appendices C, F, H, I, J, and O of Title 26, Los Angeles County Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Building Code, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein, except as revised by Section 150.002.

(B)

Title 26 of the Los Angeles County Code, together with any and all amendments thereto proposed by the city, shall collectively be known as the City of Santa Fe Springs Building Code and may be cited as Section 150.001 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Section 202 of the Building Code is amended to read:

Notwithstanding the provisions of Section 150.001, the Building Code is amended by amending the following definitions in Section 202 thereof to read:

202. Definitions.

In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Terms, phrases, and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this code, these definitions shall govern and be applicable.

Board of Supervisors shall mean the City of Santa Fe Spring City Council.

Building Department shall mean the Building and Safety Division of the City of Santa Fe Springs Public Works Department.

County, County of Los Angeles, or unincorporated territory of the County of Los Angeles may mean City of Santa Fe Springs or Los Angeles County depending on the context.

Electrical Code shall mean the Electrical Code as adopted by the City of Santa Fe Springs.

Existing Building Code shall mean the Existing Building Code as adopted by the City of Santa Fe Springs.

Fire Code shall mean the Fire Code as adopted by the City of Santa Fe Springs.

Mechanical Code shall mean the Mechanical Code as adopted by the City of Santa Fe Springs.

Plumbing Code shall mean the Plumbing Code as adopted by the City of Santa Fe Springs.

Residential Code shall mean the Residential Code as adopted by the City of Santa Fe Springs.

(B)

Section 107.19 is deleted in its entirety and replaced with a new 107.19 to read:

107.19 Exemption of Emergency Fallout Shelters from Permit Fees Notwithstanding anything to the contrary contained in the Building, Plumbing and Electrical Codes of the city as adopted in this chapter, no fees shall be required for the issuance of building, plumbing and electrical permits to perform work regulated by any of such codes in a structure designed and used exclusively as an emergency fallout shelter.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.003 - BUILDING CODE FEES.

Notwithstanding the provisions of Section 150.001, fees for plan check, inspection, and other building code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Section 1206 (Sound Transmission) of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of Title 26 of the Los Angeles County Building Code are adopted by reference as amended by the City of Santa Fe Springs Building Code and incorporated into this Section 150.004 as if fully set forth below and shall be known as Section 1206 of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of the City of Santa Fe Springs Residential Code.

(B)

Chapters 1 through 10, 44, and Appendix AH, AQ, AS, and AZ of Title 30, Los Angeles County Residential Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Residential Code, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(C)

This section shall be known as the City of Santa Fe Springs Residential Code and may be cited as Section 150.004 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Los Angeles County Existing Building Code Chapters 1 through 5, 15, 16, and Appendix A, Chapters A1, A3, A4, and A5 of Title 33, Los Angeles County Existing Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Existing Building Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this codeode with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Existing Building Code and may be cited as Section 150.005 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.006 - ELECTRICAL CODE ADOPTED.

(A)

Los Angeles County Electrical Code Articles 80 through 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I, and J, of Title 27, Los Angeles County Electrical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Electrical Code, except as otherwise provided in said Title 27, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Electrical Code and may be cited as Section 150.006 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.007 - ELECTRICAL CODE FEES.

Notwithstanding the provisions of Section 150.006, fees for plan check, inspection, and other electrical code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.008 - MECHANICAL CODE ADOPTION.

(A)

Los Angeles County Mechanical Code Chapters 1 through 17 and Appendices B, C, and D of Title 29, the Los Angeles County Mechanical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Mechanical Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Mechanical Code and may be cited as Section 150.008 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

Notwithstanding the provisions of Section 150.008, fees for plan check, inspection, and other mechanical code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.010 - PLUMBING CODE ADOPTED.

(A)

Los Angeles County Plumbing Code Chapters 1 through 17, and Appendices A, B, D, H, I, and J of Title 28, Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Plumbing Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained.

(B)

This section shall be known as the City of Santa Fe Springs Plumbing Code and may be cited as Section 150.010 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.011 - PLUMBING CODE FEES.

Notwithstanding the provisions of Section 150.010, fees for plan check, inspection, and other Plumbing Code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

§ 150.012 - DRAINAGE PLAN REQUIRED.

(A)

For proposed developments requiring either a building permit or grading plan approval, a drainage plan or a drainage element to the grading plan as required by the City Engineer shall be prepared by a civil engineer registered in the state and shall be approved by the City Engineer prior to the issuance of any building permit or prior to the approval of any grading plan.

(B)

Unless otherwise approved by the City Engineer, the engineer for the developer or owner shall certify that:

(1)

Surface water will not be diverted from one property to another over which water would not naturally flow.

(2)

Stormwater will not be gathered by artificial means and be discharged onto lower property in greater volume or concentration than water would naturally be discharged unless a natural drainage course or storm drain is available as an outlet.

(3)

Concentration of surface water into a single channel will not be discharged onto lower property.

(4)

Ditches or other artificial structures will not be constructed to drain water that accumulates in ponds or sumps for discharge onto lower property owned by others.

(5)

There will be no obstruction to the flow of surface water from higher property that naturally drains across or onto lower property.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

In addition to any fees required by the County Building Laws, a plan checking fee for each drainage plan or grading plan checked for drainage shall be paid to the city as set by City Council resolution.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

MOVING BUILDINGS

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Building. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.

(Ord. 185, passed 10-12-61; '64 Code, § 5-6)

It shall be unlawful for any person to move any building or structure or any section of any building or structure upon, along or across any public street, place or alley in the city or from one location to another in the city, without first having deposited the sum of $500 with the city. Such deposit shall be for the benefit of the city to indemnify the city for any damage caused to public streets, highways, trees or other property by the moving of such building or structure. Such deposit shall be in addition to any other cash deposit or surety bond required by the terms of any other ordinance of the city applicable to the moving of buildings or structures.

(Ord. 185, passed 10-12-61; '64 Code, § 5-7)

Cross reference— Penalty, see § 10.97

The city shall collect an inspection fee in the amount of $10 for the purpose of ascertaining if any damage has been caused to public streets, highways, trees or other property by the moving of any building or structure. Such fee shall be in addition to any other issuance fee required by the terms of any other ordinance of the city applicable to the moving of buildings or structures.

('64 Code, § 5-7.1; Ord. 418, passed 4-13-72)

§ 150.023 - ADDITIONAL FEE REQUIRED TO PARK OR STORE BUILDING BEING MOVED; USE OF DEPOSIT TO PAY FOR DAMAGES.

In the event any building or structure during the course of its transit through the city shall be parked or stored, temporarily or otherwise, the permittee moving such building or structure shall be required to pay to the city the sum of $50 for each day or portion thereof that such building or structure is parked, stored or otherwise maintained immobile within the city. In the event any tree, streetlight or any other public property is damaged or destroyed during the course of or in connection with the transit of any building or structure through the city, the amount of such damage as determined by the city shall be deducted from the deposit as required by this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-8)

§ 150.024 - MOVER REQUIRED TO COMPLETE CLEANUP OPERATIONS; USE OF DEPOSIT TO PAY CITY TO COMPLETE CLEANING.

Within 14 days after any building or structure has been moved, the permittee shall complete all cleanup operations as required by the Director of Public Works upon the site from which the building or structure has been moved. Such operations shall include, but shall not be limited to, the removal of all rubbish and materials from the site, the filling of all excavations to existing grade and such additional work as may be necessary to leave the premises in a safe and sanitary condition. In the event that the cleanup operations are not completed within such 14-day period, the city shall cause to be done all necessary work to complete such cleanup operations and the cost thereof shall be deducted from the deposit as required by this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-9)

Cross reference— Penalty, see § 10.97

§ 150.025 - REFUND OF UNUSED PORTION OF DEPOSIT.

The city shall refund to the permittee such portion of the $500 deposit required in § 150.021 as may remain after deduction of any charges made or costs incurred by the city pursuant to the provisions of this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-10)

§ 150.026 - PAYMENT OF EXPENSES OR DAMAGE IN EXCESS OF DEPOSIT.

The permittee under this subchapter shall be liable for any expenses, damages or costs in excess of the amount deposited by him and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

(Ord. 185, passed 10-12-61; '64 Code, § 5-11)

§ 150.027 - INSURANCE REQUIREMENTS.

(A)

The permittee under this subchapter shall take out and maintain during all operations within the city such public liability and property damage insurance as shall protect such permittee from any claim for damages for personal injury, including death, as well as from claims for property damage which may arise from such permittee's or any subcontractor's operations within the city, whether such operations be by such permittee or by any subcontractor, or by anyone directly or indirectly employed by either the permittee or any subcontractor, and the amounts of such insurance shall be as follows:

(B)

The permittee under this subchapter shall deposit with the city, prior to issuance of the permit, certificates evidencing the required insurance. Such certificates shall be so endorsed as to require the giving of 30 days written notice to the city prior to cancellation or revision of the insurance coverage evidenced thereby.

('64 Code, § 5-11.1; Ord. 418, passed 4-13-72)

Cross reference— Penalty, see § 10.97

FIRE ZONES

Those respective portions of the city included within the respective limits described and identified in this section shall be known as Fire Zone No. 1:

That certain area bounded by Telegraph Road on the north, Jersey Avenue on the east, the rear property line of the dwellings on the north side of Davenrich Street on the south, and Bartley Avenue on the west.

(Ord. 143, passed 3-10-60; '64 Code, § 5-12)

Cross reference— Fire prevention and protection, see §§ 93.01 et seq.

§ 150.041 - FIRE ZONE NO. 2.

(A)

All of those portions of the city included within the commercial zones as defined in the zoning ordinance of the city which are outside of the areas designated as Fire Zone No. 1, are designated as Fire Zone No. 2.

(B)

The words Commercial Zones, as used in this section, shall include all real property upon which commercial uses are allowed pursuant to duly granted variance, exception or modification.

(Ord. 143, passed 3-10-60; Ord. 151, passed 6-23-60; '64 Code, § 5-13)

All areas not included within Fire Zone No. 1 or Fire Zone No. 2, and lying within the city are designated as Fire Zone No. 3.

(Ord. 143, passed 3-10-60; '64 Code, § 5-14)

BUILDING NUMBERING

The Building Inspector of the city is hereby designated as the official numberer of buildings in and for the city. He shall be charged with the duty of assigning, and shall assign, to the various houses, buildings and structures with the city official numbers and street addresses in accordance with the street numbering system in effect throughout the city, which numbers shall be coordinated with the official street numbering system of the county. Such numbers shall be assigned upon request of the property owner or his authorized agent, and no charge shall be made for such assignment. Whenever a change or an extension of any street shall necessitate a change in the number of buildings, the Building Inspector shall designate the proper number. All street addresses shall be with reference to public streets unless, in the opinion of the Planning Director, there is no public street reasonably available for the purpose.

('64 Code, § 5-20; Ord. 329, passed 1-11-68)

The assigned number of a building shall be placed in the immediate area of the main door or entrance to the building. If such number is not visible from the street frontage, a separate street posting of such number shall be made. Each figure of such number shall be at least three inches in height, excepting fractional figures which may be no less than 1/3 of such size. Numbers shall contrast to the background on which they are located and the visibility of such numbers shall not be impaired with shrubbery or other obstructions.

('64 Code, § 5-21; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

It shall be unlawful for any person, other than the official numberer of buildings, to assign to, or designate for, any house, building or structure within the city any official number or street address which purports to be an official number or street address.

('64 Code, § 5-22; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

It shall be unlawful for any person to place, fix, display or exhibit in or upon any house, building or structure, or portion thereof, within the city, as the official number of such house, building or structure, or as a number which purports to be the official number thereof, any number other than the official number of such house, building or structure assigned thereto by such official numberer of buildings.

('64 Code, § 5-23; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

§ 150.059 - OWNERS TO OBTAIN OFFICIAL NUMBERS.

All houses, buildings and structures within the city, other than accessory buildings, shall be numbered with the number or numbers assigned thereto by the official numberer of the city as hereinabove contemplated, and it shall be unlawful for the owner, occupant or person in charge or control of any such house, building or structure required to have a number under the provisions of this subchapter to fail or refuse to obtain and properly display upon any such house, building or structure the official number or numbers thereof, as hereinabove provided for.

('64 Code, § 5-24; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

§ 150.060 - NOTIFICATION OF OWNERS TO BE DUTY OF BUILDING INSPECTOR; PLACEMENT OF NUMBERS BY PROPERTY OWNERS; REMOVAL OF UNASSIGNED NUMBERS.

It shall be the duty of the Building Inspector to notify all owners of property or persons in possession of property for which the official numbers have been established, as provided in this subchapter, and such owners or persons in possession of the property shall within ten days after such notice has been served on them, place the number or numbers allotted to such property upon the premises as required by § 150.056; and all numbers other than the numbers so assigned under the provisions of this subchapter shall be removed from such property by the owners or persons in possession of the property within ten days from the service of such notice designating the appropriate numbers to be placed thereon.

('64 Code, § 5-25; Ord. 329, passed 1-11-68)

§ 150.061 - FAILURE TO COMPLY; NOTICE.

Any person who is not in compliance with any provision of § 150.060 shall be given an additional ten-day written notice to comply. Such notice shall be sent by the Building Inspector by certified mail, with return receipt requested, and shall be deemed to be given when mailed. Any person failing to comply with such ten-day notice shall be guilty of a misdemeanor.

('64 Code, § 5-26; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

UNUSED OR ABANDONED SERVICE STATIONS

(A)

The Council declares that its purpose in adopting this subchapter is to eliminate public nuisances that are created when service stations are abandoned or unused for long periods of time.

(B)

The Council finds and determines that:

(1)

The Fire Code of the city requires that underground tanks that were used to store flammable or combustible liquids be removed or filled completely with an inert material whenever such tanks are taken out of service for one year or more.

(2)

Abandoned or unused service stations, the underground storage tanks of which have been removed or filled with inert material, often cannot thereafter be used as service stations, because the cost of replacing such underground tanks or restoring them to serviceable condition is excessive in relation to the economic benefit to be derived therefrom.

(3)

Unused or abandoned service stations often cannot be easily or inexpensively adapted to other uses (even assuming such is allowed in the particular zones where such service stations are situated), because of their unique location in relation to the property lines of their lots, their unique architectural design and their unique structural appurtenances.

(4)

Unused or abandoned service stations are often situated in locations that are uneconomic for such uses, as demonstrated by frequent changes of ownership thereof and the service stations in the city that are now unused and which have been unused for more than 12 months.

(5)

Unused or abandoned service stations constitute dangers to the public health, welfare and safety, in that such conditions invite vandalism, arson, other fire hazards, rodent infestation and unsightliness and blight that depreciate values of surrounding properties.

(6)

The existence of such conditions contravenes the purposes of the zoning ordinances and the general plan of the city, in that planning for a compatible blend of land uses will be disrupted because the lands affected cannot be reasonably put to other uses until the existing conditions are abated by restoration or removal of

the buildings, and also in that planning for other uses will be prevented unless such abatement is accomplished.

(7)

The existence of unused or abandoned service stations is injurious and inimical to the public health, safety, comfort and welfare of the community, in that such conditions invite unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism, and the existence of conditions which invite such ills constitutes such abuses of property as to entitle this city to exercise its police powers in order to protect the health, safety, comfort and welfare of the community and of its residents.

(8)

The provisions of this subchapter are categorically exempt under this city's adopted environmental guidelines and procedures.

(9)

This city has the responsibility for strict enforcement of zoning and building regulations and that in the interest of safeguarding the public health, safety, comfort and welfare of the community, abatement is now required of abandoned or unused service stations.

(10)

Unless corrective measures are undertaken to alleviate such present conditions, and particularly, to avoid future problems in this regard, a serious threat to the public health, safety, comfort and welfare of the residents and a serious threat to the values of surrounding properties in this city will continue to exist; that the need of the city to deal with conditions under the procedures herein established outweighs the utility of the conditions as they exist; and that the procedures established hereby for the abatement, demolition and removal and/or enjoinment of the conditions declared by this subchapter to constitute public nuisances are hereby declared to be necessary and reasonable, and that they afford a maximum of due process.

('64 Code, § 5-30; Ord. 494, passed 4-19-75)

There is hereby delegated to the City Manager, the Planning Director, the Planning Commission and the city officers or employees whom they shall designate, the authority to implement the provisions of this subchapter wherever their action is required.

('64 Code, § 5-31; Ord. 494, passed 4-19-75)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Building. Any and all physical improvements or structures which are designed, built or adapted for use as or in connection with a service station, and shall include any and all pumps, pump islands, tanks,

mechanical equipment, wells, foundations, signs and any and all other improvements situated on such service station site, and shall include the plural.

Service Station. Any lot or parcel of real property, the buildings of which are designed and built for the purpose of dispensing and selling fuels for internal combustion engines of any type of automotive vehicles, whether or not containing facilities for the provision of other services to customers.

('64 Code, §§ 5-32—5-33; Ord. 494, passed 4-19-75)

Each service station which is unused as such, and the underground storage tanks of which have been removed or filled with inert material, is hereby declared to be a public nuisance.

('64 Code, § 5-34; Ord. 494, passed 4-19-75)

Upon discovery that any service station constitutes a public nuisance as defined in this subchapter, the City Manager or his duly authorized representative shall immediately commence proceedings to abate such nuisance and carry the same through to conclusion in the manner prescribed by this subchapter. Upon such discovery, the City Manager or his representative shall cause notice, in substantially the following form, to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the county, or as known to said City Manager or his representative:

NOTICE OF VIOLATION

Notice is hereby given that the City Manager of the City of Santa Fe Springs, or his undersigned representative, has found and determined that conditions exist on the real property described as Los Angeles County Assessor's Parcel No(s). _______, commonly known as _________, Santa Fe Springs, California, which constitute a public nuisance and a violation of the provisions of §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code, in that the service station situated on said real property has been unused as such for a period of time, the underground storage tanks thereof have been removed or filled with inert material, and _____________________________.

(state other facts constituting nuisance)

Failure to abate said nuisance by (1) reoccupation and reinstitution of use of the premises as a service station (not applicable in case of a nonconforming use), or (2) reoccupation and use of the premises under a conditional use permit for another authorized purpose, or (3) demolition and removal of all buildings situated on said real property, and (4) removal of the other conditions constituting such nuisance, within 120 days from and after the date hereof, shall result in the commencement by the City of Santa Fe Springs of proceedings to abate said nuisance pursuant to the provisions of said §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code.

If any demolition, dismantling, moving, removal, additions to, or alteration, restoration or repair of any structure, or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be

performed, by any person or entity affected by this Notice, other than City officers, employees or agents, appropriate permits must be obtained before commencement of any such work.

Dated: ______, 19.

---

City Manager

('64 Code, § 5-35; Ord. 494, passed 4-19-75)

No person shall thereafter:

(A)

Reoccupy or reinstitute any use of any building on the property unless and until the Building Official and Fire Chief shall have inspected the same and found it to be in compliance with such and so many of the standards applicable to the suitability of such building for such occupancy as appear in the City's Building Code and the City's Fire Code; or

(B)

Reoccupy or reinstitute such use on the property if the same is in violation of any applicable zoning regulation of the city; or

(C)

Fail or refuse to pay any fee prescribed for the inspection services specified in division (A) of this section.

('64 Code, § 5-36; Ord. 494, passed 4-19-75)

Cross reference— Penalty, see § 10.97

Notwithstanding any other provisions contained in this subchapter, no service station which is a nuisance under the provisions of this subchapter shall be converted to any other use until and unless a conditional use permit for such use has been obtained in accordance with the provisions of and subject to the conditions set forth in the zoning ordinance of the city.

('64 Code, § 5-37; Ord. 494, passed 4-19-75)

Cross reference— Penalty, see § 10.97

If the public nuisance is abated within the 120-day period specified in the notice of violation, no further action shall be taken with respect thereto by the city. If abatement work has been commenced within such

period, the City Manager or his representative may grant a single extension of time for completion for up to 60 days for good cause shown, e.g., delay beyond the control of the owners of the property.

('64 Code, § 5-38; Ord. 494, passed 4-19-75)

(A)

If the owners of the property do not abate the nuisance within the time specified in such notice, or any extension thereof, the City Manager or his representative shall cause notice, in substantially the following form, to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the county, or as known to the City Manager or his representative.

NOTICE OF HEARING ON

ABATEMENT OF NUISANCE

Notice is hereby given that on __, 19, at the hour of _____, of said day or as soon thereafter as the matter can be heard, the City Council of the City of Santa Fe Springs, California, will hold a public hearing in the Council Chambers of the Santa Fe Springs City Hall, 11710 Telegraph Road, Santa Fe Springs, California, to ascertain whether or not certain premises in the City of Santa Fe Springs described as Los Angeles County Assessor's Parcel No(s). _____, and commonly known as __________, Santa Fe Springs, California, constitute a public nuisance and require abatement as prescribed in §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code.

The conditions which shall be the subject of the public hearing are as follows: ______________. If said premises are found by the Council to constitute a public nuisance, and if the public nuisance has not been abated by the person or persons responsible therefor, such public nuisance may be ordered by the City Council to be abated by the person or persons who own or claim an interest in said real property, or may be ordered to be abated by the City and the cost thereof charged to said person or persons or levied as an assessment against said real property.

All persons having any objection to or interest in said matters are hereby notified to attend the hearing at the time and place hereinabove specified, at which their testimony and evidence will be heard and received and given due consideration.

Dated: ____, 19.

---

City Manager

(B)

Such notice shall be served or mailed as aforesaid, and a copy thereof shall be posted conspicuously on the property not later than 15 days before the day fixed for the hearing. Proof of service and posting shall

be made by written declaration under penalty of perjury and filed with the clerk of the Council before the time fixed for the hearing.

(C)

A copy of such notice shall also be published in a newspaper of general circulation in the city pursuant to the provisions of Cal. Gov't Code § 6061, such publication to be done not later than ten days before the date of the hearing.

('64 Code, § 5-39; Ord. 494, passed 4-19-75)

§ 150.079 - HEARINGS; ACTION BY COUNCIL.

(A)

At the hearing, after the City Manager shall have presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abatement thereof.

(B)

After all such evidence is received and heard, the Council shall determine the issue. If it finds and determines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the Council may take such action as it may deem necessary therefor, including (but not by way of limitation) any of the following actions:

(1)

Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary, within a stated period of time; or

(2)

Order the nuisance to be abated by removal of the cause thereof, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filling of all excavations, and the excavation and removal of all underground tanks and appurtenances; and

(3)

Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.

(C)

If the Council's order is made pursuant to subdivisions (1) and (2) of division (B), the Council may condition its order upon commencement of such abatement within such period of time as the Council may find to be reasonable in the circumstances, and may order that, upon failure of such condition:

(1)

The Director of Public Works shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or

(2)

That the City Attorney commence an action to enjoin the nuisance.

('64 Code, § 5-40; Ord. 494, passed 4-19-75)

Any costs incurred by the city in bringing about the required demolition, and removal of buildings and filling of excavations may be ordered by the City Council to be charged to the persons claiming by virtue of the records of the County Recorder to be the owners of the real property, or to be charged as a lien against the real property itself.

('64 Code, § 5-41; Ord. 494, passed 4-19-75)

§ 150.081 - ALTERNATIVE PROCEDURES.

This subchapter is not exclusive. The Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law. The procedures and powers herein specified are alternative. When proceeding under this subchapter, its provisions duly need be followed. The provisions of this subchapter shall be controlling to the extent that they are in conflict with any of the provisions of any general law or act, except as herein expressly otherwise provided.

('64 Code, § 5-42; Ord. 494, passed 4-19-75)

§ 150.082 - APPEALS.

Any party aggrieved with the proceeding, decision or action taken by the City Council under this subchapter in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or order within 30 days after the date of the decision, action or order of the City Council.

('64 Code, § 5-43; Ord. 494, passed 4-19-75)

§ 150.083 - ACTION BY RESOLUTION.

Each action taken or order made by the Council under this subchapter shall be done by resolution, a copy of which shall be served personally or by certified mail upon all persons who were entitled to notice under the provisions of § 150.078, not later than 14 calendar days after the date of adoption of such resolution.

('64 Code, § 5-44; Ord. 494, passed 4-19-75)

RESIDENTIAL RENTAL INSPECTION

§ 150.095 - DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Director. The Director of Planning and Development, or his designee.

Occupant. Any person who occupies a unit, whether as an owner or permittee of the owner.

Owner. Both the owner and the agent of the owner.

Unit. The residential dwelling unit in a single-family, two-family or multi-family residence building, which is not owner-occupied, excluding motels, hotels, rooming houses and boardinghouses and similar living accommodations.

('64 Code, § 17B-1; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9-1295)

No persons shall rent, lease, occupy or otherwise permit any unit which is hereafter vacated by the previous occupant thereof to be reoccupied until such unit is registered with and inspected by the City Department of Planning and Development or provided with a certificate of exemption.

('64 Code, § 17B-2; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Cross reference— Penalty, see § 10.97

§ 150.097 - UTILITY CONNECTION.

No persons shall supply, provide, or arrange for the provision of utilities, including water, electricity, and gas, for any unit which has been vacated by its prior occupants unless such unit has been registered as required in this subchapter and the owner presents proof of registration and inspection or proof of exemption to the utility company.

('64 Code, § 17B-3; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Cross reference— Penalty, see § 10.97

§ 150.098 - APPLICATION; FILING.

(A)

In addition to any other requirements and regulations set forth in this subchapter, at least once each year, the owner of every unit shall obtain an annual registration and inspection certificate (the registration certificate) from the Director by filing a written application on a form to be prescribed by the Director, paying an annual registration and inspection fee and having the unit inspected by the city.

(B)

The fee shall be set by separate resolution of the City Council in accordance with applicable state law. The owner shall not rent or reoccupy any unit prior to its passing such inspection.

(1)

This section authorizes the City Council to set the fees for residential rental inspection.

(2)

The following fees set by this resolution are the reasonable costs to the city in terms of employee services to conduct these inspections and prepare the required certificate:

(a)

Apartment units, an amount as set by City Council resolution.

(b)

Condominium/townhouses, an amount as set by City Council resolution.

(c)

Single-family dwellings, an amount as set by City Council resolution.

('64 Code, § 17B-4; Ord. 775, passed 5-24-90; Res. 5461, passed 5-24-90; Am. Ord. 862, passed 9-12-95; Am. Ord. 875, passed 6-12-97)

The owner of each unit shall have each unit inspected by the city at least once annually for compliance with applicable sections of state and local codes relating to zoning, building, health and safety, and property maintenance and obtain an annual registration and inspection certificate evidencing that said inspection has been completed as set forth in this subchapter.

('64 Code, § 17B-5; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9-1295)

Cross reference— Penalty, see § 10.97

Where violations are found, the property owner shall reimburse the city for all costs incurred by the city for obtaining compliance.

('64 Code, § 17B-6; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

§ 150.101 - CERTIFICATE; CONTENTS AND WHEN VOID.

(A)

The registration certificate shall expire upon release of the unit, or one year from the date of issuance, or upon any change of tenants, or upon change of property ownership, whichever occurs first.

(B)

The registration certificate shall state:

(1)

The date of issue.

(2)

The legal use of the property.

(3)

The address of the property.

(4)

The property owner's name and address.

(5)

A registration number.

(6)

The one year date of expiration and a notice that it will also expire upon release of the unit, or upon any change of tenants, or upon any change of property ownership, should any of these events occur before the one year date of expiration.

(7)

Any other pertinent information.

('64 Code, § 17B-7; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

The following are exempted from these provisions:

(A)

Owner-occupied dwellings.

(B)

Mobile home parks which have been issued a certificate of exemption.

(C)

Reconnection of utilities turned off by the utility for lack of payment.

('64 Code, § 17B-8; Ord. 775, passed 5-24-90)

(A)

Upon reasonable notice given the property owner and the tenant by the city of an impending inspection, entry to the interior of the premises and the exterior grounds shall be granted by the occupants of the unit.

(B)

Substandard conditions shall deem to exist if any one of the following is found or a combination thereof:

(1)

Lack of, or substandard water closet, lavatory, or bathtub or shower in a dwelling unit.

(2)

Lack of, or substandard kitchen sink.

(3)

Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(4)

Substandard heating.

(5)

Lack of, or substandard operation of required ventilating equipment.

(6)

Lack of minimum amounts of natural light and ventilation required by Uniform Building Code.

(7)

Lack of required electrical lighting.

(8)

Dampness of habitable rooms.

(9)

Infestation of insects, vermin, or rodents to an extent that it affects the health of the occupants of the unit.

(10)

General dilapidation or improper maintenance.

(11)

Lack of connection to required sewage disposal system.

(12)

Lack of adequate garbage and rubbish storage and removal facilities.

(13)

Deteriorated or inadequate foundations.

(14)

Defective or deteriorated flooring or floor supports.

(15)

Flooring or floor supports of insufficient size to carry imposed loads with safety.

(16)

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(17)

Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

(18)

Substandard wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

(19)

Substandard plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

(20)

Substandard mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

(21)

Faulty weather protection, which shall include, but not be limited to, the following:

(a)

Deteriorated, crumbling, or loose plaster.

(b)

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

(c)

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d)

Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

(22)

Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(23)

Substandard materials of construction except those which are specifically allowed or approved by the Uniform Building Code and which have been adequately maintained in good and safe condition.

(24)

Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.

(25)

All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(26)

All buildings or portions thereof which are not provided with the fire-resistive construction or fireextinguishing systems or equipment required by Fire Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increases in occupant load, alteration or addition, or any change in occupancy.

(27)

All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.

(28)

Interior walls or doors which are defective or in disrepair.

(29)

Unpainted interior walls or doors and those peeling, cracking, or warping, or having dry rot or termite infestation.

(30)

Interior flooring which is defective or in a state of disrepair.

(31)

Lack of smoke detectors installed in compliance with applicable codes.

(32)

Window screens and or screen doors which are defective or in disrepair.

(33)

Unapproved security bars, grilles, grates or similar devices installed on an emergency escape or rescue windows or doors shall be removed or modified to conform to § 1204 of the Uniform Building Code.

(34)

Incinerator chimneys which do not terminate in a substantially constructed spark arrester having a mesh not exceeding 1/2 inch or comply with International Conference of Building Officials (I.B.C.O.) requirements.

(35)

Storage of flammable liquid(s) as defined in the Fire Code, inside a building exceeding five gallons or outside a building exceeding ten gallons.

(36)

Storage of combustible liquid(s) as defined in the Fire Code, inside a building exceeding 25 gallons or outside a building exceeding 60 gallons.

('64 Code, § 17B-9; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Any person aggrieved by the determination of the Director under this subchapter may appeal to the City Manager. The appeal must be filed in writing within seven days after transmittal of the notification to the aggrieved person of the decision being appealed. The appeal must be in writing and must state with

specificity the reason why the Director's decision is being contested. The City Manager may hold a hearing before the aggrieved party or only review the written statements. The City Manager shall issue a written decision on the appeal within 30 days of the receipt of the written appeal. The aggrieved person shall be notified in writing of the decision on the appeal. There is no right of appeal from the requirement of registration in the program.

('64 Code, § 17B-10; Ord. 775, passed 5-24-90; Am. Ord. 862, passed 9-12-95)

§ 150.105 - FAILURE TO COMPLY WITH CODES AND REGULATIONS; DECLARATION OF PUBLIC NUISANCE.

It is unlawful and it is a public nuisance to have or maintain any rental property, which, upon inspection, fails to comply with state and local laws as they relate to housing standards, property maintenance, building codes or local zoning requirements, or which contains substandard conditions as set forth in this subchapter. The owner shall correct any violations of law discovered during the inspection when directed to do so by the Director.

('64 Code, § 17B-12; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9- 12-95)

Cross reference— Penalty, see § 10.97

SAFETY ASSESSMENT PLACARDS

This subchapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The City Manager or his or her authorized representatives is hereby authorized and directed to post the appropriate placard at each entry point to a building or structure upon completion of a visual safety assessment.

(Ord. 1070, passed 3-24-16)

The provisions of this subchapter are applicable to all buildings and structures of all occupancies regulated by the city.

(Ord. 1070, passed 3-24-16)

The following definition shall apply to this subchapter unless the context indicates or requires a different meaning.

Safety Assessment. A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(Ord. 1070, passed 3-24-16)

(A)

The following are descriptions of placards to be used to designate the condition for continued occupancy of buildings or structures:

(1)

"INSPECTED - Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(2)

"RESTRICTED USE" is to be posted on each building or structure that lacks ventilation, running water, or other utilities which causes the occupancy to become a health concern, or if the building or structure has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered, and will clearly and concisely note the restrictions on continued occupancy and/or use.

(3)

"UNSAFE - Do Not Enter" is to be posted on each building or structure that has been damaged or that improvements have been made to the building or structure without proper permits or approvals, and that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the City Manager or his authorized designee. It does not necessarily mean that the building or structure is to be condemned, but it is an official warning that remediation is required. Safety assessment teams shall be authorized to enter these buildings at any time.

(B)

Each placard shall display the name, address and phone number for the city/City Hall, plus "City Code § 150.106."

(C)

Once attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the city. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this subchapter.

(Ord. 1070, passed 3-24-16)

The penalty for violating any of the provisions of §§ 150.120 et seq. shall be set as forth in § 10.97.

(Ord. 1070, passed 3-24-16)

CHAPTER 151: - FLOOD DAMAGE PREVENTION GENERAL PROVISIONS

The Legislature of the State of California has in Cal. Gov't Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does ordain the following.

('64 Code, § 5A-1; Ord. 717, passed 8-13-87)

§ 151.02 - FINDINGS OF FACT.

(A)

The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(B)

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

('64 Code, § 5A-2; Ord. 717, passed 8-13-87)

§ 151.03 - PURPOSE.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(A)

To protect human life and health;

(B)

To minimize expenditure of public money for costly flood control projects;

(C)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D)

To minimize prolonged business interruptions;

(E)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(F)

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(G)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

('64 Code, § 5A-3; Ord. 717, passed 8-13-87)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

Area of Shallow Flooding. A designated AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Area of Special Flood Hazard. See the definition for "special flood hazard area."

Base Flood. The flood having a one percent chance of being equalled or exceeded in any give year (also called the "100-year flood").

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway Walls. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A Breakaway Wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water flood load less than that which would occur during the base flood; and

(2)

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of flood waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; and/or

(3)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or

undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood Boundary and Floodway Map. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodplain or Flood-Prone Area. Any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term Manufactured Home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

factured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term Manufactured Home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New Construction. For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.

One Hundred Year Flood or 100-Year Flood. A flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

Person. An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

Recreational Vehicle. Enclosed piece of equipment dually used as either a vehicle, a temporary travel home or a full-time home.

Remedy a Violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.

Special Flood Hazard Area (SFHA). An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AE, Agg and AH.

Start of Construction. This term shall include substantial improvement, and mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual Start of Construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started; or if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, Substantial Improvement is considered to occur when the first alteration of a wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

('64 Code, § 5A-5; Ord. 717, passed 8-13-87; Am. Ord. 981, passed 3-14-07)

§ 151.05 - METHODS OF REDUCING FLOOD LOSSES.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(A)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion of flood heights or velocities;

(B)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(C)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D)

Controlling filling, grading, dredging, and other development which may increase flood damage; and

(E)

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

('64 Code, § 5A-4; Ord. 717, passed 8-13-87)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

('64 Code, § 5A-6; Ord. 717, passed 8-13-87)

The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the City of Santa Fe Springs" dated April 15, 1980, and any subsequent amendments, with an accompanying Flood

Insurance Rate Map is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at 11710 Telegraph Road, Santa Fe Springs. This flood insurance study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator.

('64 Code, § 5A-7; Ord. 717, passed 8-13-87)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

('64 Code, § 5A-8; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

('64 Code, § 5A-9; Ord. 717, passed 8-13-87)

§ 151.10 - INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(A)

Considered as minimum requirements;

(B)

Liberally construed in favor of the governing body; and

(C)

Deemed neither to limit nor repeal any other powers granted under state statutes.

('64 Code, § 5A-10; Ord. 717, passed 8-13-87)

§ 151.11 - WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply

that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter will not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

('64 Code, § 5A-11; Ord. 717, passed 8-13-87)

PROVISIONS FOR FLOOD HAZARD REDUCTION

In all areas of special flood hazards, the following standards are required:

(A)

Anchoring.

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes shall meet the anchoring standards of § 151.23.

(B)

Construction materials and methods.

(1)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4)

Require within Zones AO, adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(C)

Elevation and floodproofing.

(1)

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon the completion of the structure the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2)

New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subdivision (3) of this division. Upon the completion of the structure the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(3)

Nonresidential construction shall either be elevated in conformance with subdivisions (1) and (2) of this division, or together with attendant utility and sanitary facilities:

(a)

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(b)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c)

Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certifications shall be provided to the Floodplain Administrator.

(4)

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must

either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(a)

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(b)

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(5)

Manufactured homes shall also meet the standards in § 151.23.

('64 Code, § 5A-16; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

§ 151.21 - STANDARDS FOR UTILITIES.

(A)

All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(B)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

('64 Code, § 5A-17; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

§ 151.22 - STANDARDS FOR SUBDIVISIONS.

(A)

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(B)

All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(C)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(D)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(E)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

('64 Code, § 5A-18; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

§ 151.23 - STANDARDS FOR MANUFACTURED HOMES.

All new and replacement manufactured homes and additions to manufactured homes shall:

(A)

Be elevated so that the lowest floor is at or above the base flood elevation; and

(B)

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

('64 Code, § 5A-19; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

§ 151.24 - FLOODWAYS.

(A)

Located within areas of special flood hazard established in § 151.07 are areas designated as floodways.

(B)

Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

If subdivision (1) of this division is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this subchapter.

('64 Code, § 5A-20; Ord. 717, passed 8-13-87)

Cross reference— Penalty, see § 10.97

§ 151.25 - STANDARDS FOR RECREATIONAL VEHICLES.

All recreational vehicles placed in Zones A1-30, AH and AE will either:

(A)

Be on the site for fewer than 180 consecutive days; or

(B)

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(C)

Meet the permit requirements of § 151.45 and the elevation and anchoring requirements for manufactured homes set forth in § 151.23.

(Ord. 981, passed 3-14-07)

VARIANCE PROCEDURE

§ 151.35 - APPEAL BOARD.

(A)

The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(B)

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(C)

In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1)

The danger that materials may be swept on to other lands to the injury of others;

(2)

The danger of life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations for the proposed use which are not subjects to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

(D)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed

below the base flood level, providing the provisions of division (C) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.

(E)

Upon consideration of the factors of division (C) of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(F)

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

('64 Code, § 5A-21; Ord. 717, passed 8-13-87; Am. Ord. 902, passed 7-22-99)

§ 151.36 - CONDITIONS FOR VARIANCES.

(A)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(B)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(C)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(D)

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variances would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the

public, or conflict with existing local laws or ordinances.

(E)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of divisions (A) and (B) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(F)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Flood Plain Administrator in the Office of the Los Angeles Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

('64 Code, § 5A-22; Ord. 717, passed 8-13-87; Am. Ord. 902, passed 7-22-99)

ADMINISTRATION

(A)

A development permit shall be obtained before construction or development begins within any area of special flood hazards established in § 151.07. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

(B)

Specifically, the following information is required:

(1)

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

(2)

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3)

All appropriate certifications listed in § 151.46(B) of this chapter; and

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

('64 Code, § 5A-13; Ord. 717, passed 8-13-87)

§ 151.46 - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR; DUTIES AND RESPONSIBILITIES.

(A)

The Director of Public Works is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(B)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

(1)

Permit review.

(a)

Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(b)

All other required state and federal permits have been obtained;

(c)

The site is reasonably safe from flooding;

(d)

Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(2)

When base flood elevation data has not been provided in accordance with § 151.07, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §§ 151.20 through 151.24. Any such information shall be submitted to the City Council for adoption.

(3)

Whenever a watercourse is to be altered or relocated:

(a)

Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(b)

Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(4)

Obtain and maintain for public inspection and make available as needed:

(a)

The certification required in § 151.20(C)(1) (floor elevations);

(b)

The certification required in § 151.20(C)(2) (elevations in areas of shallow flooding);

(c)

The certification required in § 151.20(C)(3)(c) (elevation or floodproofing of nonresidential structures);

(d)

The certification required in § 151.20(C)(4)(a) or (b) (wet floodproofing standard);

(e)

The certified elevation required in § 151.22(B) (subdivision standards);

(f)

The certification required in § 151.24(A) (floodway encroachments).

(5)

Whenever a base flood elevation changes due to physical alterations:

(a)

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

(b)

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revisions (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

(c)

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(6)

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 151.35 and 151.36.

(7)

Take action to remedy violations of this chapter as specified in § 151.08.

('64 Code, §§ 5A-14—5A-15; Ord. 717, passed 8-13-87; Am. Ord. 981, passed 3-14-07)

CHAPTER 152: - HAZARDOUS WASTE FACILITIES

The purpose of this chapter is to implement the policies set forth in the city's hazardous waste management plan of the environmental element of the city's general plan and to establish uniform standards to control the location, design, and maintenance of hazardous waste facilities consistent with the provisions of said element.

('64 Code, § 25-1; Ord. 781, passed 11-20-90)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Hazardous Waste. This term is defined pursuant to Cal. Health and Safety Code § 25117. Unless expressly provided otherwise, Hazardous Waste includes extremely hazardous waste and acutely hazardous waste.

Hazardous Waste Disposal Facility. A site designed to be the terminal location or residual repository for hazardous waste.

Hazardous Waste Facility or Facility. This term is defined pursuant to Cal. Health and Safety Code § 2511.1.

Hazardous Waste Facility Project. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(b).

Land Use Decision. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(e).

Local Assessment Committee or LAC. This term is defined pursuant to Cal. Health and Safety Code § 25199.7(d).

Specified Hazardous Waste Facility Project. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(n).

('64 Code, § 25-2; Ord. 781, passed 11-20-90)

§ 152.03 - APPLICATIONS; FEE.

(A)

The following provisions shall govern applications for a land use decision regarding hazardous waste facility projects.

(1)

All applications for siting a hazardous waste facility project shall require a conditional use permit granted pursuant to the requirements of this chapter.

(2)

All hazardous waste facility projects shall meet the criteria listed in §§ 152.09 through 152.22 herein unless the Planning Commission and City Council make a finding based on public health and safety reasons that one or more of such criteria should be amended or is not applicable to the project.

(3)

Hazard waste facility projects shall be sited only in M-2 Zones.

(B)

The Planning Director shall not accept applications for land use decisions unless they are accompanied by the appropriate fees, as established by resolution of the City Council.

('64 Code, §§ 25-3—25-4; Ord. 781, passed 11-20-90)

All applications for specified hazardous waste facility projects shall conform with the provisions set forth in Cal. Health and Safety Code §§ 25199 et seq., Cal. Pub. Res. Code §§ 21000-21177, and Cal. Gov't Code §§ 65920 et seq.

('64 Code, § 25-5; Ord. 781, passed 11-20-90)

The person or entity preparing the documents required by the California Environmental Quality Act shall not be the same person or entity which acts as a consultant to the local assessment committee.

('64 Code, § 25-6; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the project proponent and the Planning Director.

('64 Code, § 25-7; Ord. 781, passed 11-20-90)

All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the procedures consistent with Cal. Pub. Res. §§ 21000 through 21177 and Cal. Gov't Code §§ 65920 et seq.

('64 Code, § 25-8; Ord. 781, passed 11-20-90)

§ 152.08 - CONTENTS OF APPLICATION.

(A)

Every application for a hazardous waste facility project shall be made in writing to the Planning Director on the forms provided by the Planning Department and accompanied by a filing fee as set by the City Council. An application must include 15 copies of the application, site plan, elevation, floor plans, and landscape plans all drawn to scale.

(B)

An application shall also include the following information:

(1)

Name and address of applicant;

(2)

Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

(3)

A plot and development plan drawn in sufficient detail as determined by the Planning Director and the Public Works Director/City Engineer to clearly describe the following:

(a)

Physical dimensions of the property and structures;

(b)

Location of existing and proposed structures;

(c)

Proposed setbacks and landscaping;

(d)

Proposed methods of circulation and parking;

(e)

Existing and proposed drainage patterns;

(f)

Proposed ingress and egress;

(g)

Proposed storage and processing areas;

(h)

Utilization of property under the requested land use permit;

(i)

The distance from the project property line to the nearest adjacent structure, and a description and location of such structure;

(j)

Proximity of the project to the 100-year flood plain areas;

(k)

Proximity of the project to any known earthquake fault zones;

(l)

The relationship of the proposed project to all above ground water supplies and all known underground aquifers;

(m)

Topographic description of the property and surrounding area;

(n)

A preliminary geological study of the property and surrounding area which addresses as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers;

(o)

Existing and proposed utilities which service or will be required to service the facility; and

(p)

Vicinity map which indicates, at a minimum proximity of the project to schools, parks, and other community facilities within the city.

(4)

Identification of all waste water, treated and untreated, generated by the proposed facility and the method and place of final discharge;

(5)

An analysis of visual, noise, and any olfactory impacts associated with the project and recommended mitigation measures;

(6)

An analysis of all anticipated air quality impacts associated with the project;

(7)

Identification of any rare or endangered species of plant or animals within the project site;

(8)

Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

(9)

A health and safety risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility and any other probabilities requested by either the Planning Director, the Public Works Director/City Engineer, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility.

(10)

A plan that identifies an ongoing program of air, soil, and groundwater monitoring. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board and the California Department of Health Services.

(11)

An environmental information form in sufficient detail to enable the city to complete an initial study pursuant to the California Environmental Quality Act, and for the preparation by a qualified environmental consulting firm of an environmental impact report or negative declaration. An application shall not be declared complete until a draft environmental impact report or negative declaration prepared pursuant to the California Environmental Quality Act by a qualified environmental consulting firm is submitted to the Planning Director.

(12)

An emergency response plan that includes, but which is not limited to, the following:

(a)

That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all regulatory requirements regarding emergency response procedure.

(b)

Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures.

(c)

Anticipated impacts on local fire, police, and medical services.

(d)

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures. An application shall not be declared complete until such emergency response plan is approved by the Planning Director, the Public Works Director/City Engineer and the Fire Chief.

('64 Code, § 25-9; Ord. 781, passed 11-20-90)

All specified hazardous waste facility projects in the city shall comply with the following:

(A)

Proximity to populations. The active portions of any hazardous waste facility shall not be located closer than 1,000 feet or, in the case of a hazardous waste residual repository facility, not closer than 2,000 feet from the boundary of any property used for residential, school, park, hospital, sanitarium, nursing home, daycare, or similar purposes within the city or any adjacent city or county area, unless, following a health and safety risk assessment study, the Planning Commission approves a lesser distance after making a finding and determination that the facility will not pose a significant health and safety risk to said nearby uses.

(B)

Proximity to immobile populations. For all types of facilities, a health and safety risk assessment shall be completed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. It shall also include consideration of the design features and planned operational practices at the facility. Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry, options for reducing the risks, and procedures for dealing with such spills or emergency situations.

(C)

Capability of emergency services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

(D)

Flood hazard areas. Facilities shall not be located in any area subject to flood hazard as shown on the Federal Emergency Management Agency flood insurance maps unless such facilities are designed, constructed, operated and maintained in a manner deemed adequate by the city to prevent inundation.

(E)

Proximity to active or potentially active faults. All facilities shall be located no closer than 600 feet from known active earthquake faults.

(F)

Slope stability.

(1)

Residuals repositories are prohibited in areas of potential rapid geologic change.

(2)

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to the city's satisfaction to preclude failure as a result of such changes.

(G)

Subsidence/liquefaction. Facilities shall not be located in areas where the soils have a potential for subsidence or liquefaction.

(H)

Dam failure inundation areas. All hazardous waste management facilities shall locate outside a dam failure inundation area.

(I)

Aqueducts and reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.

(J)

Discharge of treated effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site shall be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream, river or the ocean.

(K)

Proximity of supply wells and well fields. All hazardous waste facilities shall locate at least 50 feet outside the cone of depression created by pumping a water well or water well field for 90 days.

(L)

Depth to groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is 25 feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility shall be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California registered civil engineering geologist.

(M)

Groundwater monitoring.

(1)

Residuals repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully satisfies the RWQCB permit requirements for groundwater monitoring.

(2)

Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(N)

Major aquifer recharge area.

(1)

Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

(2)

Facilities with subsurface storage or treatment shall be located at least 1/2 mile away from potential drinking water sources.

(3)

All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.

(O)

Soil permeability.

(1)

Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.

(2)

All other facilities shall not be located in areas were surficial materials are principally highly permeable materials.

(P)

Existing groundwater quality. Hazardous waste facility projects shall not be located in areas where there is a potential for contamination of Class I or Class II groundwater, as such groundwater is defined by the U.S. Environmental Protection Agency. Residuals repositories are allowed only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.

(Q)

Nonattainment areas. All facilities with air emissions locating in nonattainment areas and emitting air contaminants in excess of established limits shall require preconstruction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the South Coast Air Quality Management District. All facilities with air emissions locating in the region which are classified under the PSD regulations as major stationary sources will be required to submit to preconstruction review and apply best available control technology.

(R)

Wetlands. All types of facilities are prohibited from locating in wetlands unless:

(1)

Industrial usage is permitted;

(2)

No additional filling is required; and

(3)

Fish, plant and wildlife resources can be maintained and enhanced on a portion of the site, or preserved elsewhere in the area.

(S)

Proximity to habitats of threatened and endangered species. Facilities are prohibited in habitats of threatened or endangered species unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.

(T)

Agricultural lands.

(1)

Facilities shall not be located in areas zoned for agricultural uses.

(2)

Incinerators, or transformation facilities, shall not be located in areas where the emissions from the facility could directly impact food crops.

(U)

Recreation, cultural, or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the Director of Planning, Planning Commission and City Council.

(V)

Areas of potential mineral deposits. All hazardous waste facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

(W)

Proximity to areas of waste generation. All facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city. Facilities primarily serving generators from outside the city shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation.

(X)

Distance from major transportation routes. Distance travelled on minor or residential roads shall be kept to a minimum. Facility proponents shall pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. If access to facilities is to be by private roads or driveways, such roads or driveways shall be designed and constructed to accommodate heavy vehicles.

(Y)

Structures fronting minor routes.

(1)

Facilities shall be located such that any minor routes to and from state or interstate divided highways are not used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, and the like) along such routes is minimal.

(2)

The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites with lower factors are preferred.

(Z)

Capacity versus average daily traffic of access roads. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility.

('64 Code, § 25-10; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies, zoning ordinances, and other planning actions or policies that were in place at the time the facility application was deemed complete.

('64 Code, § 25-11; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The city may, at its discretion, explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options.

('64 Code, § 25-12; Ord. 781, passed 11-20-90)

The project proponent shall find an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study, in advance, the city shall hire and control the work of the consultant conducting the study. The study shall be completed prior to action on the application by the LAC so that the information contained in the study may be considered by LAC.

('64 Code, § 25-13; Ord. 781, passed 11-20-90)

§ 152.13 - WASTE MINIMIZATION.

No hazardous waste facility project will be approved if it significantly impacts incentives for waste minimization by hazardous waste generators.

('64 Code, § 25-14; Ord. 781, passed 11-20-90)

Facilities shall not be located in areas, or developed in such a manner, that would result in a net loss of revenue to the city in comparison to the revenue from the existing uses of the site or other reasonable prospective uses of the site.

('64 Code, § 25-15; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

('64 Code, § 25-16; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

('64 Code, § 25-17; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Perimeter fencing shall be constructed to the satisfaction of the Planning Director.

('64 Code, § 25-18; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Signs with the legend "Danger — Hazardous Waste Area — Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least 25 feet.

('64 Code, § 25-19; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the city is authorized to enforce under its police power, city officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

('64 Code, § 25-20; Ord. 781, passed 11-20-90)

The owner or operator of a facility shall submit a written report quarterly to the Planning Director and the Fire Chief, describing the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

('64 Code, § 25-21; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the Planning Director and Fire Chief.

('64 Code, § 25-22; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies, the Planning Director and the Fire Chief.

('64 Code, § 25-23; Ord. 781, passed 11-20-90)

The city may impose, as necessary and as part of a required conditional use permit, additional conditions and standards other than those presented in §§ 152.01 through 152.22 herein, in order to implement the purposes of this chapter and the city's hazardous waste management plan and to protect the health, safety, or general welfare of the community.

('64 Code, § 25-24; Ord. 781, passed 11-20-90)

No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the city and not currently being managed by a facility located in the city unless satisfactory compensation is made to the city or a joint powers or intergovernmental agreement provides otherwise.

('64 Code, § 25-25; Ord. 781, passed 11-20-90)

§ 152.25 - MODIFICATIONS.

Any modifications of the type and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use, including the conditional use permit, must be approved by the city through an amendment to the conditional use permit before such modifications occur at the facility.

('64 Code, § 25-26; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency plan approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the Chief of Police, local Police Department, Fire Chief, each hospital within 15 miles, and the Los Angeles County Department of Environmental Health.

('64 Code, § 25-27; Ord. 781, passed 11-20-90)

§ 152.27 - CLOSURE PLAN.

The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Director and Fire Chief a written closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Planning Director and Fire Chief.

('64 Code, § 25-28; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Prior to issuance of an occupancy permit to begin the use identified in the land use decision, the applicant shall submit, to the City Manager, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or state agency.

('64 Code, § 25-29; Ord. 781, passed 11-20-90)

The applicant agrees to protect, defend, indemnify, and render harmless the city and its City Council, City Attorney, and all officers, employees and agents of the city against and from all claims, actions, or liabilities relating to the land use decision or arising out of any permit or approval issued by the city relating to the project facility.

('64 Code, § 25-30; Ord. 781, passed 11-20-90)

§ 152.30 - EMERGENCY RESPONSE PROCEDURES.

Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Planning Director and Fire Chief. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

('64 Code, § 25-31; Ord. 781, passed 11-20-90)

§ 152.31 - ENVIRONMENTAL MONITORING REPORT.

Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Planning Director.

('64 Code, § 25-32; Ord. 781, passed 11-20-90)

The facility owner/operator shall be responsible for all costs incurred by the city and its officers, agents, employees or contractors, for responding to a release of hazardous wastes at or enroute to or from the facility.

('64 Code, § 25-33; Ord. 781, passed 11-20-90)

§ 152.33 - EXTREMELY HAZARDOUS WASTES.

Any storage, treatment, disposal or transportation of extremely hazardous waste as defined in Cal. Health and Safety Code § 25115, by the facility owner/operator shall be reported to the Planning Director and Fire Chief at least 48 hours prior to such storage, treatment, disposal, or transportation.

('64 Code, § 25-34; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

All costs of compliance with this chapter shall be borne by the facility owner/operator.

('64 Code, § 25-35; Ord. 781, passed 11-20-90)

The city may employ and all methods permitted by law to enforce this chapter.

('64 Code, § 25-36; Ord. 781, passed 11-20-90)

§ 152.36 - FINDINGS PRIOR TO MAKING LAND USE DECISION.

The findings specified in this section shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

(A)

The project is consistent with the general plan.

(B)

The project is not detrimental to the health, safety, or general welfare of the community.

(C)

The project site is or shall be served adequately by roads and other public or private service facilities.

(D)

The project has met or exceeded each requirement of this chapter.

(E)

The environmental impacts identified in the environmental impact report or proposed negative declaration have been adequately mitigated, and that a mitigation monitoring program has been established for each mitigation measure.

('64 Code, § 25-37; Ord. 781, passed 11-20-90)

§ 152.37 - DURATION OF LAND USE DECISION.

The life of a land use decision shall be determined at the time of approval and shall not exceed ten years. The project proponent shall commence substantial construction of the facility within two years of the land use decision and such construction must be pursued diligently to completion.

('64 Code, § 25-38; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

CHAPTER 153: - SWIMMING POOLS SWIMMING POOL ENCLOSURES

(A)

Every person who shall own or be in possession of any premises on which there is situated a swimming pool, fish pond, wading pool or any other outside body of water created by artificial means, designed or used for swimming or other immersion purposes by men, women or children, any portion of which is two

feet deep or more, shall maintain on the lot or premises upon which such swimming pool is located and completely surrounding such pool, lot or premises a fence, wall or other structure not less than five feet in height. Such structure shall have no openings except doors or gates with an area greater than 50 square inches; except, that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area.

(B)

Such fences shall be constructed in any of the following manners:

(1)

Wood fences. Wood fences shall have posts not less than three inches by three inches, spaced not over ten feet on centers and embedded at least 18 inches into the ground. Posts other than redwood shall be treated with a preservative. Fencing shall be at least 1/2 inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.

(2)

Wire fences. Wire fences shall be constructed of wire mesh of not less than 11 gauge galvanized steel wire supported on 1 1/4-inch diameter galvanized pipe spaced not over ten feet on centers. Posts shall be embedded at least 12 inches into concrete fill-in holes not less than six inches in diameter and 18 inches in depth.

(3)

Masonry fences. Masonry fences shall be supported on a foundation of concrete extending at least 12 inches below grade, at least 12 inches in width and at least six inches in thickness. Wall steel, when required, shall be embedded 16 inches into the footing.

(4)

Approved alternate. If the Director of Public Works finds that any other type of construction has resulted in or will result in a fence in all respects the equivalent in strength and durability to a fence constructed as provided in subdivisions (1), (2), or (3) of this division, such type of construction may be used.

(Ord. 88, passed 9-11-58; '64 Code, § 15-29; Ord. 252, passed 10-8-64)

Cross reference— Penalty, see § 10.97

All fences or walls six feet in height or more shall comply with the provisions of Chapter 150.

(Ord. 88, passed 9-11-58; '64 Code, § 15-30)

Cross reference— Penalty, see § 10.97

All gates or doors opening through the fence or structure protecting a swimming pool as required by this chapter, shall be equipped with a self-closing and self-latching device not less than four feet above grade capable of keeping such gate or door securely closed at all times when such swimming pool is not in use.

(Ord. 88, passed 9-11-58; '64 Code, § 15-31)

Cross reference— Penalty, see § 10.97

All doors or gates opening through the fence or structure protecting a swimming pool as required by this chapter, shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such swimming pool is not in use.

(Ord. 88, passed 9-11-58; '64 Code, § 15-32)

Cross reference— Penalty, see § 10.97

(A)

In lieu of maintaining a fence on the lot or premises on which a swimming pool is located, the owner or person in possession of such premises may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under the observation of a competent person, a pool cover or other protective device approved by the Director of Public Works may be used.

(B)

In the event that on September 11, 1958, there is an existing swimming pool and the lot, premises or pool is completely surrounded by a fence, wall or other structure not less than five feet high, then the height of

such fence, wall or other structure need not exceed five feet.

(Ord. 88, passed 9-11-58; '64 Code, §§ 15-33—15-34)

CHAPTER 154: - SUBDIVISIONS GENERAL PROVISIONS

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the city."

('64 Code, § 20-1; Ord. 506, passed 9-28-75)

Whenever any words or phrases as used in this chapter are not defined herein but are defined in the Subdivision Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this chapter.

('64 Code, § 20-2; Ord. 506, passed 9-28-75)

The Planning Commission shall constitute the advisory agency for tentative maps of subdivisions for which a parcel map or final map is to be filed for record in the office of the County Recorder.

('64 Code, § 20-3; Ord. 506, passed 9-28-75)

(A)

A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases, terminable by either party on not more than 30 days' notice in writing, of a portion of an operating right-of-way of a railroad corporation defined as such by Cal. Pub. Util. Code § 230; provided, however, that upon a showing made to the Planning Commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

(B)

Such maps shall meet all the requirements of the Subdivision Map Act and of this chapter and shall show all dedications or offers of dedication thereon. The City Engineer may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map.

(C)

A parcel map may be filed pursuant to the provisions of § 66499.20.2 of the Subdivision Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous

parcels under the same ownership.

('64 Code, § 20-4; Ord. 506, passed 9-28-75)

§ 154.05 - TENTATIVE PARCEL MAPS REQUIRED; PROCESSING FEE.

(A)

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Department of Planning and Development. Such map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter.

(B)

Every person submitting a tentative map of a subdivision for which a parcel map or final map is to be filed for record in the office of the County Recorder shall pay a filing fee in an amount as set by City Council resolution.

('64 Code, §§ 20-5—20-6; Ord. 506, passed 9-28-75; Ord. 652, passed 7-12-84; Am. Ord. 750, passed 6- 22-89)

Cross reference— Penalty, see § 10.97

§ 154.06 - FILING OF TENTATIVE MAPS.

(A)

Tentative maps shall be filed with the Department of Planning and Development and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the Director of Planning and Development.

(B)

Tentative maps shall be prepared by a licensed land surveyor or registered civil engineer and shall be on standard tract map sheets (18" x 26") and shall include all information and data as required by the City Engineer and the Director of Planning and Development. If at any time during the processing of a map it is determined that the map has been improperly prepared or required pertinent information has not been submitted or additional information is deemed necessary, the applicant shall be promptly notified in writing of the defect and/or further information or correction required. The time limits specified hereinafter shall not begin until the omitted, corrected or additional information is furnished in a manner acceptable to the City Engineer.

('64 Code, § 20-7; Ord. 506, passed 9-28-75)

§ 154.07 - ACTION BY PLANNING COMMISSION.

(A)

The Planning Commission, after receiving and hearing the results of investigations and reports on the design and improvement of any proposed division of real property for which a tentative map is filed, shall

have the authority to impose requirements and conditions upon such division of land and to approve, conditionally approve or disapprove such map and division of land.

(B)

A tentative map shall not be approved unless the Planning Commission finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan as required by § 66473.5 of the Subdivision Map Act.

(C)

The Planning Commission shall deny approval of a tentative map if it makes any of the findings set forth in § 66474 of the Subdivision Map Act and may deny approval if it makes any of the findings set forth in § 66474.6 of said Act.

('64 Code, § 20-8; Ord. 506, passed 9-28-75)

§ 154.08 - EXPIRATION OF APPROVAL.

(A)

Expiration. The approval or conditional approval of a tentative map shall expire 12 months from the date the map was approved or conditionally approved.

(B)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Department of Planning and Development, such application to be filed at least 15 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(C)

Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years.

(D)

Effect of map modification on extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

('64 Code, § 20-9; Ord. 506, passed 9-28-75)

§ 154.09 - APPEAL.

(A)

The subdivider may appeal from any action of the Planning Commission with respect to a tentative map to the City Council as provided by Cal. Gov't Code § 66452.5. Such appeal and the hearing thereon shall be

conducted in the manner provided by Cal. Gov't Code § 66452.5(a) and (b).

(B)

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Council within 15 days after the action which is the subject of the complaint. The City Council may, in its discretion, reject the complaint within 15 days or set the matter for public hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Cal. Gov't Code § 66451.3.

(C)

Any interested person may appeal any decision of the Planning Commission relative to the provisions of Cal. Gov't Code §§ 66473.5, 66474, 66474.1 and 66474.6 to the City Council. Such appeal and the hearing thereon shall be conducted in the manner provided by Cal. Gov't Code § 6452.5(a) and (b).

('64 Code, § 20-10; Ord. 506, passed 9-28-75)

The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

('64 Code, § 20-11; Ord. 506, passed 9-28-75)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

('64 Code, § 20-12; Ord. 506, passed 9-28-75)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Cal. Gov't Code § 66483.

('64 Code, § 20-13; Ord. 506, passed 9-28-75)

§ 154.13 - SUPPLEMENTAL IMPROVEMENTS REQUIRED.

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and, thereafter, to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

('64 Code, § 20-14; Ord. 506, passed 9-28-75)

(A)

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of § 66451.3 of the Subdivision Map Act is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

(B)

In addition to the notice required by § 66451.3 of the Subdivision Map Act, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.

('64 Code, § 20-15; Ord. 506, passed 9-28-75)

(A)

Any improvement agreement contract or act required or authorized by the Subdivision Map Act for which security is required shall be secured in the manner provided for in § 66499 of the Subdivision Map Act.

(B)

(1)

The improvement security shall be in the amount set forth or authorized in § 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

(2)

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

('64 Code, §§ 20-16—20-17; Ord. 506, passed 9-28-75)

§ 154.16 - SOIL REPORTS.

(A)

A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the Director of Planning and Development for every subdivision.

(B)

A preliminary soils report may be waived by the Director of Planning and Development; provided, that the Director of Planning and Development finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

(C)

(1)

If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Director of Planning and Development. Such soils investigation shall be done by a Civil Engineer, registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

(2)

The Planning Commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance off any building permit may require that the approved recommended action be incorporated in the construction of each structure.

('64 Code, § 20-18; Ord. 506, passed 9-28-75)

§ 154.17 - GRADING AND EROSION CONTROL.

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Chapter 150 of this title.

('64 Code, § 20-19; Ord. 506, passed 9-28-75)

These regulations shall not apply to the following divisions of land:

(A)

Those made solely because of the acquisition of land by governmental agencies for freeways, parks, public buildings, flood control channels or other public purposes, or those involving the conveyance, transfer, creation or establishment of an easement for pedestrian or vehicular access, sewer, water or public utility; provided, that no divisions or parcels of land are created other than those directly caused by such action.

(B)

Those made solely because of the official designation by a governmental agency having such power of a right-of-way for future street purposes, whether by means of the recording of a record of survey or the filing for record of an official county surveyor's map or by like governmental action; provided, that no divisions or parcels of land are created other than those directly necessary to conform to the taking of such governmental action.

('64 Code, § 20-20; Ord. 506, passed 9-28-75)

§ 154.19 - TRACT AND PARCEL MAP CHECKING FEES.

Upon submission of a tract map or a parcel map for checking, the subdivider shall pay a map checking fee in an amount set by City Council resolution.

('64 Code, § 20-21; Ord. 525, passed 7-14-77; Ord. 652, passed 7-12-84; Am. Ord. 754, passed 7-13-89)

§ 154.20 - LOT LINE ADJUSTMENT, LOT CONSOLIDATION AND LOT MERGER/UNMERGER.

(A)

A lot line adjustment is an adjustment between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where no additional parcels are created. Lot line adjustments may be used to merge four or fewer adjoining lots into a fewer number of lots. Except as otherwise specified in this Chapter 154, a lot line adjustment shall conform to the provisions of this section and shall be processed as provided for herein.

(B)

A lot consolidation is the consolidation of any number of existing contiguous parcels into one parcel provided that no new street is created and no existing street or public service easement is extinguished. No tentative map, parcel map or final map shall be required as a condition to the approval of a lot consolidation. The lot consolidation shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot consolidation unless required by Section 8762 of the Business and Professions Code (California Government Code § 66412 (d)).

(C)

A lot merger is the merger of two or more contiguous parcels under one ownership into one or more parcels so as to comply with parcel size and zoning standards. All procedures and processes associated with the merging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.

(D)

A lot unmerger is the ability to unmerge lots previously merged. All procedures and processes associated with the unmerging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.

(Ord. 1136, § 1(Exh. A), passed 4-2-24; Ord. 1142, § 2(Exh. A), passed 8-6-24)

§ 154.21 - APPLICATION PROCEDURES FOR LOT LINE ADJUSTMENT, LOT CONSOLIDATION OR LOT MERGER/UNMERGER.

(A)

An application for a lot line adjustment, lot consolidation, or lot merger/unmerger shall be filed with the Community Development Department. Such application shall include:

(1)

Proof that the lots involved have been legally created;

(2)

A plot plan indicating existing lot dimensions and the location of existing structures, utilities, infrastructure and easements;

(3)

Deeds suitable for recording showing the proposed new lot configurations and if required by Business and Professions Code section 8762, a record of survey;

(4)

Any other information necessary to determine whether the proposed adjustment will conform with zoning and building codes; and

(5)

A fee in an amount to be determined by resolution of the City Council for the purpose of defraying costs to process the request.

(B)

The Community Development Director, or designee, shall act upon the application within 60 days from the date that the environmental documentation is completed or the determination is made that the project is exempt from the California Environmental Quality Act.

(C)

The Community Development Director, or designee, shall approve or conditionally approve the application in writing after investigation and receipt of reports from other departments, if it is found that the proposed application conforms to all of the following requirements:

(1)

Does not create an additional lot;

(2)

The resulting parcels conform to the City's General Plan, Zoning, and Building Codes;

(3)

Does not cut off any lot from frontage on a public street or alley;

(4)

Does not cut off any lot from access to a public utility or easement, or create a need for a new utility or easement, other than relocation of existing utilities or easements;

(5)

Does not cause the need for a new or extended public street or easement other than relocation of an existing street easement;

(6)

Does not cause the need for any new infrastructure, other than the relocation of existing infrastructure;

(7)

Does not cause an existing building or structure located on the parcels to be in violation of the City's General Plan, Zoning, or Building Codes;

(8)

Complies with requirements as to area, easements, utilities, improvement, design, floodwater drainage, sanitary disposal facilities and water supply availability.

(Ord. 1142, § 2(Exh. A), passed 8-6-24)

§ 154.22 - FINALIZATION OF LOT LINE ADJUSTMENT, LOT CONSOLIDATION OR LOT MERGER/UNMERGER.

(A)

Issuance of Certificate of Compliance. The approval of the lot line adjustment, consolidation, or merger/unmerger shall be evidenced by the issuance of a Certificate of Compliance and recordation of grant deeds reflecting the newly configured parcels. The property description or descriptions on the Certificate of Compliance shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots.

(B)

Recordation of Certificate of Compliance. The Certificate of Compliance, all deeds and other documents approved by the City shall be signed by the appropriate parties and notarized in accordance with applicable law. The recordation of the Certificate of Compliance shall be immediately followed by the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels and any necessary reconveyances or partial reconveyances or other documents to ensure that any deed of trust or similar encumbrance now describes the reconfigured parcel or parcels.

(C)

Recordation of deeds and other documents. Concurrently with the recordation of the Certificate of Compliance, all deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City for review and approval. The applicant shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City.

(D)

Payment of recording fees. The fees for the recording of all documents as established by the Office of the County Recorder of Los Angeles County shall be remitted by the applicant to the County Recorder at the time of recordation of such documents including the Certificate of Compliance, deeds and related documents.

(E)

Failure to submit required deeds and documents within one year or within the time permitted by an approved time extension. In the event the Certificate of Compliance or any deed, reconveyance or other document required for the finalization of the approved lot line adjustment, lot consolidation or lot merger/unmerger is not submitted to the County Recorder for recordation within one year following the effective date of the approval of such, or within the time permitted by an approved time extension (Section 154.08 parcel map extension), the Certificate of Compliance shall be void and of no further force and effect and shall not be recorded. If the applicant still wishes to proceed with the lot line adjustment, consolidation or merger/unmerger, a new application must be submitted in accordance with the provisions of this Chapter.

(F)

Appeals shall be made in accordance with the provisions set forth in §§ 155.865 and 155.866.

(Ord. 1142, § 2(Exh. A), passed 8-6-24)

VESTING TENTATIVE

MAPS

§ 154.30 - CITATION AND AUTHORITY.

This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code Chapter 4.5 (commencing with § 66498.1) of Division 2 of Title 7 (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the "Vesting Tentative Map Ordinance."

('64 Code, § 20-25; Ord. 684, passed 12-26-85)

§ 154.31 - PURPOSE AND INTENT.

(A)

It is the purpose of this subchapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter. Except as otherwise set forth in the provisions of this subchapter, the provisions of this chapter shall apply to this subchapter.

(B)

To accomplish this purpose, the regulations outlined in this subchapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

('64 Code, § 20-26; Ord. 684, passed 12-26-85)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this code of ordinances.

('64 Code, § 20-27; Ord. 684, passed 12-26-85)

Cross reference— Penalty, see § 10.97

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. All other definitions set forth in this chapter are applicable.

Vesting Tentative Map. A "tentative map" for any subdivision, as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with § 154.35, and is thereafter processed in accordance with the provisions hereof.

('64 Code, § 20-28; Ord. 684, passed 12-26-85; Am. Ord. 722, passed 10-8-87)

§ 154.34 - APPLICATION.

(A)

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed,

in accordance with the provisions hereof.

(B)

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

('64 Code, § 20-29; Ord. 684, passed 12-26-85; Am. Ord. 722, passed 10-8-87)

§ 154.35 - FILING AND PROCESSING.

(A)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided:

(1)

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(2)

At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(a)

Height, size, and location of buildings.

(b)

Sewer, water, storm drain and road details.

(c)

Information on the uses to which the buildings will be put.

(d)

Detailed grading plans.

(e)

Geological studies.

(f)

Flood control information.

(g)

Architectural plans.

(B)

The Director of Community Development may request, and the applicant shall promptly furnish such further information as may reasonably be necessary to enable the Director to evaluate on behalf of the city the vesting effect which would follow from approval of the map.

('64 Code, § 20-30; Ord. 684, passed 12-26-85)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city for the filing and processing of a tentative map.

('64 Code, § 20-31; Ord. 684, passed 12-26-85)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

('64 Code, § 20-32; Ord. 684, passed 12-26-85)

§ 154.38 - VESTING ON APPROVAL OF VESTING TENTATIVE MAP.

(A)

(1)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov't Code § 66474.2.

(2)

However, if Cal. Gov't Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(B)

Notwithstanding division (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2)

The condition or denial is required in order to comply with state or federal law.

(C)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 154.37. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2)

The initial time period set forth in subdivision (1) of this division shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

(3)

A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set forth in subdivision (1) of this division expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this division, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

('64 Code, § 20-33; Ord. 684, passed 12-26-85)

§ 154.39 - APPLICATIONS INCONSISTENT WITH CURRENT POLICIES.

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in § 154.38(A), and the City Council may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

('64 Code, § 20-34; Ord. 684, passed 12-26-85)

CHAPTER 155: - ZONING[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— This zoning chapter originally derives from Ordinance 172, as amended by Ordinance 201, being the zoning ordinance of the city. The effective date of this ordinance was October 14, 1961.

GENERAL PROVISIONS

This chapter shall be known by short title as the "Zoning Ordinance of the city."

('64 Code, § 10.00)

§ 155.002 - PURPOSE.

(A)

The purpose of this chapter is to serve the public health, safety, comfort, convenience and general welfare by establishing land use districts designed to obtain the economic and social advantages resulting from planned use of land, and by establishing those regulations of the use of land and improvements within the various districts which are necessary to insure that the growth and development of the city shall be orderly and proper for the maximum benefit of its citizens.

(B)

The purpose of §§ 155.385 through 155.598 of this chapter shall be to set forth those provisions of a general nature which apply to uses in all zone classifications. It shall also be the purpose of §§ 155.385 through 155.598 to set forth standards and conditions which shall apply to various uses and terms wherever found in this chapter. In the event of any uncertainty or conflict with other requirements of this chapter, the provisions of §§ 155.385 through 155.598 of this chapter shall govern.

('64 Code, § 11.00; '64 Code, § 50.00)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abut or Abutting. The same as "adjoining."

Access. The place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.

Accessory Building. A building or structure, the use of which is subordinate or incidental to that of the main building, structure or use. Where an Accessory Building is a part of, or is joined to the main building, such accessory building shall be counted as part of the main building.

Accessory Dwelling Unit (ADU). Either a detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation.

An ADU may also be located within an existing or proposed primary dwelling unit. An ADU also includes the following:

(1)

An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

(2)

A factory-built ADU, such as manufactured homes as defined in California Health and Safety Code § 18007, or in the Code of Federal Regulations governing manufactured homes: Code of Federal Regulations Title 24, Housing and Urban Development, Part 3280, Manufactured Home Construction and Safety Standards, Subsection 3280.2, "Definitions."

(3)

A factory-built modular ADU that complies with the standards of Chapter 155.644 (D).

Accessory Dwelling Unit, Junior (JADU).

(1)

Is no more than 500 square feet in size;

(2)

Is contained entirely within an existing or proposed single-family structure;

(3)

Has or shares sanitation facilities within the existing or proposed single-familty structure;

(4)

Includes an efficiency kitchen.

Accessory Living Quarters. The same as "guest house."

Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use or adversely affect other properties in the area.

Adjacent. Two or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two or more objects that lie near or close to each other.

Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other.

Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, accessories, photographs, prints, drawings, paintings, motion pictures, pamphlets, books, magazines and

other periodicals and material which are substantially devoted to the depiction of specified sexual activities or specified anatomical area.

Adult Business. Any business activity which, either by law or by the operator of such business, is conducted exclusively for the patronage of adults and from which minors are excluded; provided, however, that the state licensed sale of alcoholic beverages and properly licensed bingo games as such shall not be considered to be adult businesses for the purposes of this chapter. Adult Business shall also mean and include, but shall not be limited to, "adult bookstore," "adult hotel or motel" and "adult theater."

Adult Hotel and Adult Motel. A hotel or motel which provides through closed circuit television, video tape, or other media, material which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation by persons therein.

Adult Theater. An enclosed building used for presenting material in the form of live entertainment, motion picture film, videotape, slide photographs, or other similar means which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation by persons therein.

Alley. An unnamed public or private right-of-way less than 40 feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

Altered. The same as "structural alteration."

Ambient Noise. The all-encompassing noise associated with a given environment, being usually a composite of noises from many sources near and far. For the purpose of this chapter, the Ambient Noise Level is the median level when measured over a period of one hour without inclusion of the alleged intrusive noise, at the location and time of day near that at which a comparison is to be made, as specified in § 155.424 of this chapter.

Amendment. A change in the wording, content, or substance of this chapter, or a change in the zone boundaries of the zoning map, when said change is adopted by ordinance passed by the City Council in the manner prescribed by law.

Amusement or Entertainment. Every form of live performance, exhibition, show or act, including, but not limited to, every playing of a musical instrument, singing, dancing, performing a pantomime or acting a role in a play, sketch, scene, reciting of any prose or poetry, exhibiting or modeling any clothing, wearing apparel or costumes, done or performed by or participated in by one or more persons for the purpose of gaining or holding the attention and interest of guests, patrons or invitees, or for the purpose of diverting or amusing guests, patrons or invitees assembled in or upon any business or commercial establishment or premises, and shall specifically include the appearance of any person, employee or otherwise, in such premises in any costume or state of dress or undress and in any conduct or activity, if such costume, dress, undress, conduct or activity is referred to, directly or indirectly, in any sign, poster, or other advertisement relating to such premises. Dance halls shall be included within this definition. Notwithstanding anything to the contrary contained in this definition, the terms Amusement and Entertainment shall not include:

(1)

An amusement or entertainment at which no alcoholic beverage is sold or consumed where such amusement or entertainment is conducted by a bona fide charitable, religious, benevolent, patriotic, civic or

educational organization. Any determination as to the exempt status of any such organization shall be made by the City Manager; or

(2)

A "fashion show" of clothing, where such fashion show is conducted by and upon the premises of a wholesale or retail business which maintains such premises within the city, on a permanent basis, for the sale of such clothing, and which has a business license from the city for such purpose.

Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the municipal code. Overnight boarding is not included with this use (see Kennel).

Animal Hospital. Any facility providing medical or surgical treatment, clipping, bathing and other services, including incidental boarding, to dogs, cats and other small animals.

Antenna, Satellite. An antenna, dish antenna, or antenna of any other configuration as well as appurtenant equipment whose purpose is to receive communication or other signals from orbiting satellites or other extra-terrestrial sources.

Apartment. A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.

Apartment House. The same as "dwelling, multiple."

Area. Net area unless otherwise specified.

Area, Net. That area of a lot or parcel of land exclusive of:

(1)

Public alleys, highways or streets; or

(2)

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

(3)

Other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of the land.

Authorized Agent of Owner. Anyone who has authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he presents to the city. As used in this chapter, any party who is or will be plaintiff in an action in eminent domain to acquire the property involved shall be considered the authorized agent for said property.

Auto Center. A retail center containing ten or more acres and comprised of two or more automobile dealerships whose principal business is selling new and used vehicles to the public.

Automated Teller Machines (ATMs). An un-staffed computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may be located at or within banks, or in other locations.

Automobile. A motor vehicle with a gross (vehicle plus accessories) unladen weight of 5,000 pounds or less used primarily for transporting passengers. Automobile does not include truck, truck tractor or trailer, motor home, bus or other motor vehicle with a gross unladen weight of more than 5,000 pounds.

Automobile Dismantling or Wrecking Yard. Any premises used for the dismantling or wrecking of vehicles required to be registered under the California Vehicle Code including the buying, selling or dealing in such vehicles or the integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles. Automobile Dismantling shall not include storage in a valid automobile impound yard, or incidental storage of three or less inoperative or disabled vehicles for a period of time not to exceed 30 days where said storage is in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop.

Automobile Impound Yard. Facilities designated or maintained by a governmental agency for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.

Automobile Sales and Rental. A retail establishment selling and/or renting automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also included under Retail Sales, General). May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships.

Automobile Service, Major. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages, body and fender shops, brake shops, machine shops, painting shops, towing services, and transmission shops.

Automobile Service, Minor. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, and the like); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment.

Automobile Washing/Detailing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

A-Weighted Sound Level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise.

Beginning of Construction. The incorporation of labor and material within the foundation of the building. The storage of materials alone, or the excavation of a foundation alone, shall not constitute "beginning of construction" as used in this chapter.

Billboard, Electronic. An off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. An electronic billboard may be internally or externally illuminated. Electronic billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. An electronic billboard consists of a digital display area and a sign structure.

Billboard, Static. A billboard that does not utilize digital message technology and instead uses "static" print/or pictures, for the advertisement of a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than upon the lot on which that sign is located.

Billboard, Poster. A billboard whose sign face measures no less than 200 square feet and no more than 300 square feet (cabinetry and trim excluded).

Block. All property fronting upon one side of a street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Boarding House. A residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to three or more individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in the residence. Meals may also be included. This use type includes convents, monasteries, and student dormitories, but does not include fraternities, sororities, or single-room occupancy uses. Notwithstanding this definition, no single-unit dwelling operated as a group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local zoning regulations, shall be considered a Boarding House.

Borrow Pit. Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction on the premises.

Brewery, Winery, or Distillery. An establishment which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on-site. Breweries may also serve beverages on-site and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).

Building. A permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. Where this chapter requires that a use shall be entirely enclosed within a building, it must meet the qualifications of the definition of "building, completely enclosed."

Building Code. The Building Code of the city.

Building, Completely Enclosed. A building enclosed by a permanent roof and on all sides by solid exterior walls pierced only by windows and customary entrance and exit doors.

Building, Detached. A building surrounded on all sides by open space.

Building Height. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys and ventilators.

Building, Main. A building within which is conducted the principal use permitted on the lot, as provided by this chapter.

Building, Metal. Any building having one or more exterior sidings constituted primarily of metal.

Building Setback Line. A line on private property, established by this chapter, to protect the planned street widths and adjoining yard areas by prohibiting the location of buildings, structures and other uses between said line and the centerline of the street.

Burlesque. The act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breast are below such straight line, or the wearing of any type of clothing so that such may be observed.

Business Support Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi, or delivery services with two or fewer fleet vehicles on site.

Camper. A structure designed to be mounted upon a motor vehicle and to provide facilities for temporary human habitation or camping purposes.

Carport. A permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.

Carriage House. An ADU that is located above a detached garage.

Car Share Location. A model of car rental where people rent cars for short periods of time, often by the hour, with a designated pick up and drop off location. The organization renting the cars may be a commercial business or the users may be organized as a company, public agency, cooperative, or ad hoc grouping.

Cemetery. Land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria, crematories and mausoleums, and may include mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery.

Centerline. The same as "street centerline."

Chassis. Also called skeletal trailer, designed to carry an intermodal container.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Cigar Lounge or Bar. Establishment for the retail sale and onsite consumption of cigars and similar products.

City. The City of Santa Fe Springs.

City Council. The City Council of the city.

Clinic/Urgent Care. See Hospitals and Clinics/Urgent Care.

Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose such as the promotion of literature, science, politics, good fellowship, and the like, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Cocktail Lounges and Bars. Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the State Department of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. Does not include adult entertainment businesses.

Code. A code of the city.

College (Also University). An institution which offers courses of study leading to an associate, bachelors and/or advanced degrees or trades certification. Such institutions are certified by the State of California Board of Higher Education or by a recognized accrediting agency.

Commercial Recreation. Facilities providing commercial entertainment, where the activities are primarily by and for participants; spectators are incidental and present on a non-recurring basis. Examples include facilities such as amusement and theme parks, water parks, swimming pools; driving ranges, golf courses, miniature golf courses, riding stables; and indoor facilities such as handball, badminton, racquetball, dance hall and tennis club facilities; ice or roller skating rinks; trampoline and bounce house establishments; bowling alleys; pool and billiards lounges; and electronic game and amusement centers. This classification may include snack bars and other incidental food and beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when operated in conjunction with the entertainment and recreation use.

Commission. The Planning Commission of the city.

Community Care Facility, Large. Any state licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster agency services for seven or more adults, children, or adults and children, as defined in Cal. Health and Safety Code § 1502.

Community Care Facility, Small. Any state licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster agency services for six or fewer adults, children, or adults and children, as defined in Cal. Health and Safety Code § 1502.

Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and others which is shared and maintained by community residents, either as an accessory or principal use of property.

Container. Also an intermodal container, or a shipping container, or a Conex box or freight container for packaging and/or shipping, or for the use to store or transport materials and products.

Conditional Use. A use of land or structures for which a conditional use permit is required by this chapter.

Contiguous. The same as "adjoining."

Convalescent Home or Convalescent Hospital. The same as "nursing home."

Cottage Food Operation. An enterprise conducted at a private home where the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers in compliance with Cal. Health and Safety Code § 113758. A Cottage Food Operation must satisfy the provisions set forth in § 155.635.1 of the City of Santa Fe Springs Municipal Code.

Cottage Food Operator. An individual who operates a cottage food operation in his or her private home and is the owner of the Cottage Food Operation.

Cottage Food Products. Non-potentially hazardous foods, specifically foods that are described in Cal. Health and Safety Code § 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.

County. The County of Los Angeles.

Court. An open, unoccupied space, bounded on two or more sides by the walls of a building. An Inner Court is a court entirely enclosed within the exterior walls of a building. All other courts are Outer Courts.

Cultural Institutions. A nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This use includes libraries, museums, and art galleries. May also include accessory retail uses such as a gift/book shop, restaurant, and the like.

Dairy. Any premises where four or more cattle, four or more goats, or any combination thereof are kept, milked or maintained. An area used for grazing only shall not be considered a dairy.

Day Care Family. Regularly provided care, protection and supervision of children up to a maximum of 12 children in a caregiver's own home for a period of less than 24 hours per day while the parents or guardians are away. It includes small family day care homes (care for up to six children), and large family day care homes (care for up to 12 children). The number of children includes the provider's own children under the age of ten years.

Decibel (or dB). A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

Department of Planning and Development. The Planning Department of the city.

Department Store. A store or group of shops under a unified management selling a variety of merchandise groups, normally including clothing, appliances, hardware and furniture.

Development Plan Approval. The procedure by which certain developments, as specified in this chapter or as specified by the Commission in any action requiring Commission approval, shall gain authorization or approval to develop in accordance with the terms of the approval.

Director of Planning and Development. The Director of Planning and Development of the city.

Direct Sale (Cottage Food). A transaction between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through communitysupported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

Disabled; Disabled Person. 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 a record of such impairment, as those terms are defined in the fair housing laws.

District. The same as "zone."

Drive-Through or Drive-Up Establishments. An establishment that sells products or provides services to occupants in vehicles, including automated teller machines, drive-in or drive-up windows and drive-through services. Examples include fast food restaurants, banks, and pharmacies. Does not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drivein service (see Retail Sales, General). Does not include drive-in theaters or Automobile Washing/Detailing.

Driveway. An access to a required off-street parking facility.

Dump. A place used for the disposal, abandonment, discarding, dumping, reduction or burial of any garbage, trash, refuse, waste material, dirt or solid fill.

Dwelling, Group. A group of two or more detached dwellings located on a parcel of land in one ownership and having a common yard or court.

Dwelling, Multi-Unit. Two or more dwelling units attached or detached on a site or lot, which does not include an accessory dwelling unit. Types of Multiple-Unit Dwellings include a duplex, triplex, fourplex, townhouses, common interest subdivisions, apartments, senior housing developments, and multistory apartment buildings. Multiple-Unit Dwellings may also be combined with nonresidential uses as part of a mixed-use development.

Dwelling, Single Unit (Also Dwelling, Single Family). A dwelling unit designed for occupancy by one household which is not attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Cal. Health and Safety Code § 18551.

Dwelling, Two-Unit. Two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the

requirements of Cal. Gov't Code § 65852.21.

Dwelling Units. One or more habitable rooms constituting a self-contained unit with a separate entrance and used or intended to be used for living and sleeping purposes for not more than one family and containing not more than one kitchen or kitchenette. For the purpose of this definition, hotels, boardinghouses, motels, trailers and similar type uses shall not constitute dwelling units.

Easement. An area on a lot or parcel of land, and so indicated on a subdivision map or in a deed restriction or other recorded document, reserved for or used for utilities, access purposes or public uses.

Efficiency Kitchen. A kitchen that includes each of the following:

(1)

An area used for cooking, with kitchen appliances;

(2)

A food preparation counter that is adequate for the size of the unit; and

(3)

Food storage cabinets that are adequate for the size of the unit.

Electronic Billboard. An off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. An electronic billboard may be internally or externally illuminated. Electronic billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. An electronic billboard consists of a digital display area and a sign structure.

Emergency Shelter, Permanent. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (See Cal. Health and Safety Code § 50801.)

Emergency Shelter, Temporary Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

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.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Emergency Work. Work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.

Employee Housing, Large. Pursuant to Cal. Health and Safety Code § 17008, means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for seven or more persons employed by the same business.

Employee Housing, Small. Pursuant to Cal. Health and Safety Code § 17008, employee housing, small means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for six or fewer persons employed by the same business.

Entertainment Venue, Indoor. An establishment offering predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, civic and private auditoriums, live performance theaters, meeting halls and banquet rooms, and dance halls.

Erect. To build, construct reconstruct or move onto a premises or put together in position for use. Excavations, fill, drainage and the like shall be considered a part of the erection.

Fabricate. To stamp, cut, shape, join or fasten together processed materials into useful objects.

Fair Housing Laws. The Fair Housing Act (42 U.S.C. §§ 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), and the California Fair Employment and Housing Act (Cal. Government Code §§ 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

Family. Two or more persons living together as a single housekeeping unit in a single dwelling unit; persons living together in a licensed residential facility as that term is defined in Cal. Health and Safety Code § 1502(a)(1), which serves six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who resides at the facility.

Family Day Care Home, Large. A home that provides family day care for nine to 14 children, inclusive, including children under the age of ten years who reside at the home, as set forth in Cal. Health and Safety Code § 1597.465 and as defined in regulations.

Family Day Care Home, Small. A home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as set forth in Cal. Health and Safety Code §

1597.44 and as defined in regulations.

Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but does not include Check Cashing Shops and/or Payday Loans or any facility exchanging valuables for payment. For administration, headquarters, or other offices of banks and credit unions without retail banking services/onsite circulation of money see Office, Business and Professional.

fication includes only those institutions engaged in the on-site circulation of money, including credit unions, but does not include Check Cashing Shops and/or Payday Loans or any facility exchanging valuables for payment. For administration, headquarters, or other offices of banks and credit unions without retail banking services/onsite circulation of money see Office, Business and Professional.

Floor Area. The total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts and courts.

Floor Area Ratio. The numerical value obtained through dividing the above ground floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

Fortune Telling. Every person who engages in, practices or professes to practice, or acts as an agent for, the business or art of astrology, phrenology, life reading, mesmerism, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, spirit photography, spirit writing, spirit voices, spirit psychometry, seership, prophecy, augury, palmistry, materialization, etherealization, numerology, physiognomy, necromancy, clairsen-tience, dreams, apportism, ectoplasm, levitation, mediumship, seance, sooth-saying, psychic healing, divination by magic, radiesthesia, or any other similar art or business, or craft. Fortune-Telling shall further mean, in the alternative, every person who, by means of occult or psychic powers, facilities or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, animal sacrifice or by using parts of animals or human beings, effigies, or any craft or art described in this chapter, or similar art or craft which may be known by another name or title in any language, which purports to or does tell fortunes, life readings, find or restore lost or stolen property, locate oil wells, gold or silver, or other ore or metal, restore lost love or affection, unite loved ones, wives, husbands, children, lost relatives or friends, procure lovers, wives or husbands, diagnose disease or injury, cast spells, cause sickness or injury, advise of the past, present or future, or by such means give counseling or advice whatsoever, and who demands, solicits or receives directly or indirectly a fee or reward or who accepts any donation therefor.

Foster Home. A residence used for foster home care where the total number of children in the residence, including the natural children of the foster family, shall not exceed six.

Freeway. A highway in respect to which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or in respect to which such owners have only limited or restricted right of easement of access and which is declared to be such in compliance with the California Streets and Highways Code, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.

, or in respect to which such owners have only limited or restricted right of easement of access and which is declared to be such in compliance with the California Streets and Highways Code, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.

Frontage. The front lot line adjoining a street, or an easement which the Commission has determined adequate for access purposes, or a side lot line on the street side of a corner lot.

Garage, Private. An accessory building or an accessory portion of a main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

Garage, Public. A building other than a private garage and used for the care, repair or equipping of automobiles, or a building where such vehicles are stored or kept for remuneration, hire or sale.

General Plan. A long range comprehensive general plan adopted by the city in accordance with the provisions of the State Planning Act.

Grade, Finished. The average of the finished ground levels at the center of all exterior walls of a building.

Gravel Pit. The same as "borrow pit."

Greenhouse. A building or structure with predominantly glass roof and walls, for the propagation and cultivation of plants.

Guest Home. The same as "rest home."

Guest House. Living quarters located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit.

Guest Room. A room which is designed to be occupied by not more than two guests for sleeping purposes.

Gymnasium and Fitness Centers, Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,500 square feet in size and may include any of the following: sauna, spa, or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; rock climbing wall, boxing ring, cheerleading, aerobic classes and other indoor sports activities; locker rooms, and showers.

Gymnasium and Fitness Centers, Small. An indoor facility of 2,500 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, dance, yoga, and martial arts studios.

Heliport. Any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.

Helistop. Any helicopter landing area used, designed or intended to be used for the receiving and discharging of passengers and cargo on an occasional or intermittent basis, but not including appurtenant facilities permitted at a heliport other than a shelter for passengers.

Highway, Major. A highway designated as a major highway on the master plan of highways of the city.

Highway, Secondary. A highway designated as a secondary highway on the master plan of highways of the city.

Home for the Aged. The same as "rest home."

Home Occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the district of which it is a part. A home occupation must satisfy the conditions set forth in § 155.635.

Hospitals and Clinics/Urgent Care. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Hospital).

(1)

Clinic/Urgent Care. A facility other than a hospital, providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers, and emergency medical services offered exclusively on an outpatient basis such as urgent care centers. Typically operates beyond standard medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale, see Office, Medical and Dental.

(2)

Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel or Motel. Facilities with guest rooms or suites, including private restroom facilities, no more than two guest beds per room, and provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).

House Car. A motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been attached and which is not used to transport property on its own structure other than property used for human habitation or camping purposes. House Car includes camp car and motor home.

Household Pet. Any domesticated animal commonly maintained in residence with man.

Impact Fees. A monetary exaction that is charged by the city to a property owner and/or project applicant in connection with approval of a project for the purpose of defraying all or a portion of the cost of public facilities, public improvements, public services, and community amenities; this does not include fees for processing applications for governmental regulatory actions or approvals or any connection fee or capacity charge charged by a local agency, special district, or water corporation.

Impulsive Noise. Noise occurring in a sequence of distinct pulses or bursts, such as riveting, hammering and pile driving.

Indirect Sale (Cottage Food). An interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to Cal. Health and Safety Code § 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

Intruding Noise. That alleged offensive noise which intrudes over and above the existing ambient noise at the receiving property.

Living Area. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure.

Junior Accessory Dwelling Unit. An independent living unit created through the conversion of an existing bedroom in a single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they:

(1)

Must include the conversion of an existing bedroom(s) within a single-family dwelling (no new or additional building area);

(2)

Are smaller in size (maximum size of 500 square feet);

(3)

Contain either independent or shared bathroom facilities; and

(4)

Are subject to unique standards that are not applicable to accessory dwelling units.

Junk Yard. The same as "salvage yard."

Kennel. A place where four or more dogs or cats, aged four months or more, are kept, boarded or trained, whether by the owners of the dogs and cats or by persons providing facilities and care, with or without compensation.

Kitchen. Any space within a building used, designed or intended to be used for the cooking or preparation of food.

Laboratory; Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished from industrial research and development (see Research and Development) in its orientation more toward testing and analysis than product development or prototyping; an industrial

research and development facility may typically include this type of lab. The Medical Lab subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see Hospitals and Clinics/Urgent Care) but may also include incidental specimen collection.

Landscaped Freeway. A freeway or section thereof which is improved on at least one side of the right-ofway with the planting of trees, shrubs, vines, ground cover, lawns, flowers or other ornamental vegetation, for the purpose of beautification. Planting for the purpose of soil erosion alone shall not be considered as meeting the requirements of this definition.

Landscaping. The same as defined by § 155.546 of this chapter.

Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-unit or multiple-unit, and may include only commercial activities and pursuits that are compatible with the character of a residential environment. May be designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: (1) complete kitchen space and sanitary facilities in compliance with the city building code and (2) working space reserved for and regularly used by one or more occupants of the unit.

Living Area. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure.

Lot. A parcel of real property satisfying at least one of the following conditions:

(1)

A parcel with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder.

(2)

A parcel delineated on an approved record of survey, lot split or lot division map as filed in the office of the Department of Planning and Development.

(3)

A parcel containing not less than the required area in the zone in which it is located, abutting at least one public street or easement which the Commission has designated adequate for access purposes, and shown on the records of the County Assessor as held under separate ownership from adjacent property on the effective date of this chapter.

Lot Area. The total extent of surface, measured in a horizontal plane, within the lot lines of a lot.

Lot, Corner. A lot located at the intersection of two or more streets.

Lot Coverage. The area of a lot or parcel of land which is occupied by buildings or structures.

Lot Depth. The horizontal distance measured between the midpoints of the front and rear lot lines.

Lot, Interior. A lot other than a corner lot.

Lot, Key. An interior lot adjoining, or separated by an alley from the rear lot line of a reversed corner lot.

Lot Line. Any line bounding a lot as herein defined.

Lot Line, Front. A line separating an interior lot from a street. In the case of a corner lot the orientation of existing or proposed development shall be used to determine which lot line shall be considered the front. If uncertainty exists, the Director of Planning and Development shall determine the front lot line.

Lot Line, Rear. A lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or goreshaped lot, the rear lot line shall be an assumed line parallel to and at the maximum distance from the front lot line.

Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line.

Lot, Reversed Corner. A corner lot, the side street line of which is the continuation of the front lot lines of the lots to its rear.

Lot, Through (or Double Frontage Lot). An interior lot having frontage on two parallel or approximately parallel dedicated streets.

Lot Width. The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Major Life Activity. Physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Manufacture. To assemble, fabricate, compound, process, or remanufacture.

Manufactured Housing. A structure as defined by Cal. Health and Safety Code § 18007.

Manufacturing, Light. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, and treatment packaging, taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes accessory wholesale and/or direct retail sale to consumers of only those goods produced on-site. Includes accessory office uses associated with the on-site use. Examples of light industrial uses include, but are not limited to the manufacture of electronic instruments, equipment, and appliances; brewery and alcohol production, pharmaceutical manufacturing; and production apparel manufacturing.

Massage Parlor. Any premises or use activity upon a premises where "massage" or "massage services" are conducted by practitioners that do not hold a license for massage treatment issued by an authorized agency of the state. Massage and Massage Service shall be considered a service not covered by or conducted under a license or certificate issued by an authorized agency of the state. Massage and Massage Service means and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, touching, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without

ucted under a license or certificate issued by an authorized agency of the state. Massage and Massage Service means and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, touching, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without

supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations. Massage and Massage Service shall further include any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rubs, and Russian, Swedish, Turkish baths.

Master Plan. The same as "general plan."

Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical Clinic includes health center, health clinic and doctors offices.

Mini-Warehouses. Buildings which are divided into small individual storage units, including buildings which house portable storage units, which are individually leased, rented, sold or otherwise contracted to persons or companies for storage purposes. For the purpose of this section Mini-Warehouses shall be considered synonymous with "self-storage facility," "self-storage warehouse" or "mini-storage."

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing.

Mobile Home Parks. A parcel of land under one or more ownerships that has been planned and improved for the placement of two or more mobile homes, as the term Mobile Home is defined in Cal. Civil Code § 798.3 or successor provision of the State Mobile Home Residency Law, for non-transient use.

Modification. A modification of property development standards, granted by the city in accordance with the procedures set forth in this chapter, where the strict enforcement of such standards would cause undue hardship and where the granting of the modification would be within the spirit and intent of this chapter, and would not adversely affect nearby properties.

Motor Vehicle. A self-propelled device by which any person or property may be propelled, moved or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Noise Level (or Sound Level). The sound level measured in decibels (dB), by a sound level meter with the A- weighting and slow response settings, except that the fast response setting shall be used for measuring impulsive noise.

Nonconforming Structure. Any structure or improvement, or portion thereof, that was lawfully established and in compliance with all applicable ordinances and laws at the time this chapter or any amendment thereto became effective, but which, due to the application of this chapter or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

Nonconforming Use. Any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this chapter or any amendment thereto became effective, but which, due to the application of this chapter or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use if located.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

Nursery, Child Care. A building or premises used primarily for the part-time care of four or more children.

Nursing Home. A building or group of buildings which make provisions for bed care or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves, but excluding alcoholics, drug addicts, persons with mental diseases and persons with communicable diseases, including contagious tuberculosis.

Objective Standards. 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 prior to submittal.

Occupied. Arranged, designed, built, altered, converted, rented, leased, occupied or intended to be occupied.

Office, Business and Professional (Non-Medical and Dental Office). Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices, but excluding check cashing businesses and banks and savings and loan associations (see Financial Institutions).

Office, Medical and Dental. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, medical and dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities and hospitals (see Hospitals and Clinics/Urgent Care). Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

Open Storage Yard. Any premises where open storage is the primary use constituting 60 percent or more of the use of said premises.

Parcel of Land. Any contiguous quantity of land, in the possession of, owned by, or recorded and assessed by the County Assessor as the property of the same claimant or person.

Park. A public recreation facility unless another specific meaning is designated by the context in which the term is used.

Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for compensation.

Parking Space. A readily accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one motor vehicle.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Performance Standard. A criterion or measurement established to control excessive noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, or other objectionable elements generated by or inherent in certain uses of land or buildings.

Permit Fees. A monetary exaction charged to a property owner and/or project applicant in connection with an application for a permit for the reimbursement of expenses incurred during the processing and review of the application, but not fees otherwise classified as impact fees.

Permitting Agency. Any entity that is involved in the review of a permit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, fire departments, utilities, and special districts.

Person. An individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal, state, city or county government, or special district, or any other group or combination acting as an entity.

Personal Services, General. Recurrent services of a personal nature. This classification includes barber shops and beauty salons, nail salons seamstresses, tailors, full-service day spas (including those offering massage services provided all persons engaged in the practice of massage are certified pursuant to the Cal. Bus. and Prof. Code § 4612), dry-cleaning pick-up stores with limited on-site cleaning equipment, shoe repair shops, self-service laundries, locksmiths, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer. Does not include establishments defined as Personal Services, Restricted.

Personal Services, Restricted. Personal services with characteristics that have the potential to adversely impact surrounding areas, and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include fortune-telling, palm reading, and psychic services; palm and card readers; tanning salons; tattoo and body modification services, and massage parlors.

Petroleum Bulk Plant. Any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but shall not include the storage of liquid petroleum gas, a tank farm, or be connected to a pipe line constituting, in effect, a petroleum terminal.

Physical or Mental Impairment. Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation").

Planned Street Widths. The proposed ultimate right-of-way widths of those streets shown on the street and highway section of the master plan of the city and of such other streets where official action of the city has determined said ultimate right-of-way widths.

Portable Storage Unit. An individual storage unit that is individually rented and delivered to persons or companies for storage purposes and later picked up from persons or companies and stored off-site.

Porte Cochere. A roof-like attachment to a building, primarily used for the protection and convenience of loading and unloading passengers or materials. A Porte Cochere shall not satisfy the requirements of this chapter for off-street parking.

Primary Street Frontage. The primary public right-of-way frontage determined as that frontage along the right-of-way with the highest roadway classification, as specified in the Santa Fe Springs General Plan. Lots with a single frontage shall designate that frontage as primary. The Primary Street Frontage is designed for pedestrians, includes wide sidewalks, buildings frontages oriented to the street, windows and entryways oriented to the street, landscaping along sidewalks, and other pedestrian amenities and design elements.

Private Home (Cottage Food). A dwelling, including an apartment or other rented space, where the cottage food operator resides.

Processing. Any operation changing the nature of material or materials such as the chemical composition or physical qualities.

Property Development Standards. The regulations set forth in this chapter pertaining to the area and dimensions of property, bulk, size and location of structures, off-street parking, signs, landscaping, storage areas and other physical improvements.

Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Public Use. A use operated exclusively by a public body, said use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, administrative and service facilities.

Public Utility. Any person, firm, corporation, municipal department or board duly authorized to furnish, under state or local regulation, electricity, gas, steam, telephone, telegraph, transportation or water, to the general public.

Public Utility Service Yard. Any buildings or premises used for the office, warehouse, storage yard or maintenance of a public utility including microwave repeater stations when incorporated as a part of the service yard use.

Pure Tone Noise. Any sound which can be judged as audible as a single pitch or a set of single pitches. For the purposes of this chapter, a Pure Tone shall exist if the 1/3 octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dB for center frequencies of 500 Hertz and above and by eight dB for center frequencies between 160 and 400 Hertz and by 15 dB for center frequencies less than or equal to 125 Hertz.

Quarry. Any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials, but shall not include:

(1)

The excavation and removal of materials from a lot or parcel of land preparatory to construction of a building for which a building permit has been issued and remains in full force and effect, provided that such excavation is confined to that necessary for such building construction, but in no event shall more than 5,000 cubic yards of soil or other excavated materials be removed from the premises.

(2)

Excavation, on a lot, parcel of land or subdivision, necessary to grading, building construction or operation on the premises, where a building permit is not in full force and effect, provided that such grading is necessary to prepare a site for a lawful use permitted thereon but in no event shall more than 500 cubic yards of solid or other excavated materials be removed from such premises.

Quasi-Public Use. Use operated by a private nonprofit educational, recreational, charitable or medical institution, said use such as churches, private schools and universities, private hospitals, youth centers and similar uses.

Reasonable Accommodation. Any deviation requested and/or granted from the city's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

Recreational Vehicle. A motor home, travel trailer, camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

Registered or Permitted Area (Cottage Food). The portion of a private home that contains the private home's kitche used for the prearation, packaging, storage, or handiling of cottage food procuts and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

Religious Assembly Facilities. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, and the like) and residences for clergy. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other related operations, are classified according to their respective activities.

Research and Development. A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing

laboratories (see Laboratory; Medical, Analytical, Research, Testing), or blood drawing and specimen collection from patients (see Hospitals and Clinics/Urgent Care), or testing of computer software (see Office). Includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.

Residence. One or more rooms designed, used or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.

Restaurant. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

Restaurant, Drive-In. Restaurant, cafe, stand or similar use where the principal operation is the purveying of food or refreshments to customers in vehicles or at pedestrian service windows, and where the seating area, if any, is secondary to said principal operation.

Rest Home. A home offering or providing lodging, meals, nursing, dietary or other personal services to convalescents, invalids or aged persons but does not include surgery or the care of persons with contagious or communicable diseases. Rest Home includes convalescent home and home for the aged.

Retail Establishment. A business selling goods, wares or merchandise directly to the ultimate consumer.

Retail Sales, General. The retail sale or rental of merchandise not specifically listed under another use definition. This classification includes grocery (including department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. Does not include pawn shop, secondhand stores or other establishments defined as Retail Sales, Restricted.

Retail Sales, Restricted. The retail sale of adult books, videos and merchandise, gun and ammunition stores, pawn shops, consignment stores, secondhand stores, swap meets, and business offering payment for valuable goods such as jewelry and gold.

Ringelmann Chart. A chart which is described in the U.S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

Ringelmann Number. The number of the area on the Ringelmann Chart that coincides most nearly with the light-obscuring capacity of a particular smoke.

Room. An unsubdivided portion of the interior of a dwelling unit, but excluding bathroom, closet, kitchen, hallway and service porch.

Rooming House. The same as "boardinghouse."

Salvage Yard. A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations conducted on the premises.

Sanitarium. A building or group of buildings which make provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves, including alcoholics, drug addicts, persons with mental disease, and persons with communicable diseases, including contagious tuberculosis.

Schools, K through 12, Private. A private academic educational institution, including boarding schools; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include Technical Trade, Business or Professional Schools or non-tuition part-time instruction at religious assembly facilities.

Schools, Public. A public institution of learning which offers instruction in the several branches of learning and study required to be taught by the California Education Code.

Secondhand Store. Any business, either retail or wholesale, where the greater portion of the merchandise is secondhand or used.

Second Unit. The same as Accessory Dwelling Unit.

Service/Fueling Station, Automobile. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and grocery sales. Does not include body and fender work or heavy repair of trucks or other motor vehicles (see Automobile Service, Major).

Service Road. A portion of a highway right-of-way separated from the main roadway by a dividing median except for points of access, and providing access to property abutting said highway.

Setback Line. The same as "building setback line."

Sign. Any structure, wall, natural object or other device used for visual communication which is visible from any public or private street or means of access and is used to advertise or direct attention to an activity, product, place, person, organization, business or enterprise. For the purpose of this chapter, the word Sign does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any official notice issued by any court or public body or officer or directional warning or information sign or structures required or authorized by law.

Sign, Abandoned. A sign which is no longer used to advertise, direct attention to or identify an activity, product, place, person, organization, business or enterprise on the premises on which the sign is located.

Sign, Fascia. A sign located on and limited to the outside horizontal member on the edge of a roof overhang of a mansard roof or similar roof structure.

Sign, Flashing. Any sign having a conspicuous and intermittent variation in the illumination.

Sign, Freestanding. Any sign supported by the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces. This type of sign is sometimes referred to as a "ground sign," "pole sign" or "detached sign" but, shall not mean monument or planter signs.

Sign, Freestanding Center. A freestanding sign in a unified commercial or industrial development such as a shopping center, business park or similar development containing a minimum area of five acres where such signs are primarily used to identify the center and also to incorporate one or more business identification signs.

Sign, Illuminated. Any sign designed to emit or brightly reflect artificial light.

Sign, Monument or Planter. A low-profile sign which is an integral part of a landscape planter or landscaped area and used for identification purposes only and where the containing landscaped planter/area is at least three times the area of the sign and the supporting structure is no greater than two feet in height and the overall height of the sign does not exceed five feet.

Sign, Wall. Any sign posted or painted in, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position or with the exposed face of the sign in a plane approximately parallel to the plane of such wall.

Single Room Occupancy (SRO). A rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

Slaughterhouse. Any structure, building, improvement, or premises in which or on which animals and fowl are killed, dressed or prepared for consumption.

Solid Fill. Any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.

Solid Fill Project. Any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land.

Sound Level Meter. An instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications, for sound level meters, S1.41971, or the most recent revision thereof.

Sound Pressure Level. The amplitude of sound, in decibels, within a given frequency range.

Specified Anatomical Areas.

(1)

Less than completely and opaquely covered mature human genitals, mature human buttock, or mature human female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities.

(1)

Human genitals in a state of sexual stimulation or arousal; or

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Stable. A structure or portion thereof used for the shelter or care of horses or similar animals.

Stable, Private. A stable where the horses or animals are owned by the occupants of the premises and not kept for compensation, hire or sale.

Stand, Roadside. A structure for the display and sale of products with no space for customers within the structure itself.

State. The State of California.

Static Billboard. A billboard that does not utilize digital message technology and instead uses "static" print/or pictures, for the advertisement of a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than upon the lot on which that sign is located.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above abasement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor spaces shall be considered as a story.

Street. A public thoroughfare or right-of-way dedicated, deeded or condemned for public use, the function of which is to carry vehicular traffic and/or provide vehicular access to abutting property. The word Street shall include "avenue," "place," "way," "drive," "lane," "boulevard," "highway," "road," and any other thoroughfare, but does not include "alley."

Street Centerline. The centerline of a street or right-of-way as established by official surveys. If two or more centerlines appear on an official survey, or in the absence of an official survey, the centerline shall be determined by the City Engineer (Director of Public Works).

Street, Local. Any dedicated street serving as the principal means of access to property, which street is not shown on the master plan of streets and highways as a major or secondary highway or through collector street or through industrial street or which has not been designated as a specific type street by action of the City Council.

Street, Through Collector. A street so designated by action of the City Council, and designed or intended to serve as a collector of local traffic.

Street, Through Industrial. A street so designated by action of the City Council, and designed or intended to serve as a collector of local traffic in the industrial area.

Structural Alteration. Any change in the supporting members of a structure, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components, or any change in the exterior lines of a building or structure.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, but excepting outdoor areas such as walks, paved areas, tennis courts and similar recreation areas.

Structure, Sign. A physical support of any kind or character which is used exclusively as a stand, frame, or background for the support or display of signs. This term shall include "advertising structure."

Supermarket. A market having 8,000 or more square feet of floor area devoted principally to the sale of food.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target Population mean persons, including persons with disabilities, and families who are homeless, as that term is defined by 42 U.S.C. § 11302, or who are homeless youth, as that term is defined by Cal. Government Code § 11139.3(2)(e). (See Cal. Health and Safety Code § 50675.14(b).)

Swimming Pool, Private. Any pool, pond, lake or open tank, not located within a completely enclosed building, and containing or normally capable of containing water at any point greater than two feet in depth.

Tandem Parking, Residential. Two or more automobiles parked on a permitted parking are lined up behind one another.

Tattooing. The insertion of pigment under the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.

Tattoo Parlor. Any premises or use activity upon a premises where tattooing is conducted.

Technical Trade, Business or Professional Schools. Public or private post-secondary schools (other than a community college or four-year college) providing occupational or job skills training for specific

occupations, including business and computer schools, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring, and schools providing instruction in the use of heavy equipment, such as truck driving schools.

Trailer, Automobile. A vehicle with or without motive power, designed and constructed to travel on public thoroughfares in accordance with the provisions of state and local vehicle codes, also designed to be used for human habitation, or for carrying persons and property. Included in this definition are "trailer coach" or "mobile home" and similar terms.

Trailer Park. Any area or tract of land intended, maintained or designed for the purpose of supplying a location or accommodation for two or more automobile trailers for human habitation, including all buildings used or intended for use as part of the equipment of such facility whether or not a charge is made for such use. Included in this definition are "trailer camp," "trailer court," "mobile home park" and similar terms.

Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach, designed or used for the habitation of one family, and including all appurtenant facilities thereon.

Transfer Station. An area, including any necessary buildings or structures, for the temporary storage and the salvage of rubbish, garbage or industrial waste.

Transient. A person who receives lodging accommodations for a price, with or without meals, for a period of not more than 180 days.

Transit Station. Passenger stations for vehicular and rail mass transit systems. Includes buses, taxis, and railway.

Transitional Housing. Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (See Cal. Health and Safety Code § 50675.2(h).)

Truck. A motor vehicle with a gross (vehicle plus accessories) unladen weight of 5,000 pounds or more used primarily for the commercial transporting of goods or materials. For the purposes of those sections of this chapter dealing with truck terminals or other trucking facilities, vans, pickup trucks, panel trucks, small delivery vehicles and straight trucks with a gross unladen weight of less than 5,000 pounds shall not be considered as trucks.

Truck Driving School. Any facility for students, faculty, and staff where students are provided classroom instruction and training on how to operate, load, maneuver, couple or maintain any truck, truck tractor, truck trailer or multiple axle vehicle.

Trucking Facility. Any premises used primarily for a truck terminal or truck line, or for the parking or servicing, or repairing or storage, including the storage for rental or leasing purposes of trucks, truck tractors, and/or truck trailers, except where such use is incidental to a permitted use and servicing only such permitted use and located on the same property as such permitted use.

Truck Line. Any premises used for trucking operations where there is limited or no dock and/or warehouse facilities for the transfer or storage of goods or materials being transported.

Truck Service and Repair. Any premises used primarily for the servicing, repair or maintenance of trucks, truck tractors and/or truck trailers.

Truck Terminal. Any premises used for trucking operations where there is substantial dock and/or warehouse facilities for the transfer or storage of goods or materials being transported.

Truck Tractor. A motor vehicle designed primarily for pulling or towing truck trailers.

Truck Trailer. Any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semitrailer or self-supporting trailer.

Unimproved. Property for which the County Assessor has assessed the value of improvements as zero.

Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

Utility Facilities. A structure or improvement built or installed above ground for the purpose of providing utility services, communications services, and materials transfer to more than one lot. Generating plants; electric substations; solid waste collection, including transfer stations and materials recovery facilities; solid waste treatment and disposal; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and maintenance yards. Utility Facilities with on-site staff include those that have office and/or working space for employees, and/or that require employees to be located on site for general operation of the facility. Utility Facilities with no on-site staff do not include working space for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent monitoring.

Variance. A waiver of specific regulations of this chapter, granted by the city in accordance with the provisions set forth in this chapter, for the purpose of assuring that no property, because of special circumstance applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the sane vicinity and zone.

Veterinary Clinic. Any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anaesthetic.

Visual Obstruction. Any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intersecting or intercepting streets and alleys.

Wall. Any structure or device forming a physical barrier, which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air and vision in a horizontal plane through said surface.

Warehouse. A building or portion of a building used for the deposit and safekeeping of goods, or for the sale of goods at wholesale or by mail order.

Wholesale. Sale for resale and not for direct consumption.

Wild Animal. Any wild, exotic, dangerous or non-domestic animal, including but not limited to mammals, fowl, fish or reptiles.

Worm Farm. Any and all premises where the total area of all worm beds or containers used in conjunction with the raising, propagating or keeping of earthworms, exceeds an area of 120 square feet.

Wrecking Yard, Automobile. The same as "automobile dismantling or wrecking yard."

Yard. Any open space on the same lot with a building or a dwelling group; provided, that the open space is unoccupied and unobstructed from the ground upward to the sky, except for the encroachments permitted by this chapter.

Yard, Front. An open space extending across the full width of the lot between a building and front lot line or planned street width line, unoccupied and unobstructed from the ground upward except for the encroachments permitted by this chapter.

Yard, Rear. An open space extending the full width of the lot between a building and rear lot line unoccupied and unobstructed from the ground upward except for the encroachments permitted in this chapter.

Yard, Required. An open space on a lot meeting the requirements of the zone in which said lot is located, and in compliance with all other provisions of this chapter.

Yard Sales, Patio Sales, and Garage Sales. The sale of personal property held at a private residence by the occupant(s), and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar items.

Yard, Side. An open space between a building and the nearest side lot line, or planned street width line in the case of a corner lot, extending from the front yard to the rear yard, or to the rear lot line if no rear yard is required, and unoccupied and unobstructed from the ground upward except for the encroachments permitted in this chapter.

Zone. An area of land shown on the official zoning map or described in this chapter within which uniform regulations for the uses and development of land set forth in this chapter shall apply. Zone, District, Zone District, and Zoning District shall mean the same.

Zone Change. The legislative act of amending this chapter by removing an area of land from one zone district and placing it in another zone district on the official zoning map.

Zone District. The same as "zone."

Zoning Certification. A determination by the Director of Planning and Development or his authorized representative, that existing or proposed buildings, structures, or uses are in compliance with the requirements of this chapter.

('64 Code, § 12.00; '64 Code, § 15C-1; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 568, passed 10-25-79; Am. Ord. 634, passed 7-28-83; Ord. 699, passed 7-24-86; Am. Ord. 700, passed 9-11-86; Ord. 706, passed 12-24-86; Ord. 712, passed 6-11-87; Ord. 743, passed 1-26-89; Am. Ord. 746, passed 4-13-89; Ord. 793, passed 5-23-91; Am. Ord. 822, passed 3-11-93; Am. Ord. 827,

passed 7-29-93; Am. Ord. 846, passed 11-22-94; Ord. 870, passed 6-13-96; Am. Ord. 911, passed 7-1300; Am. Ord. 1049, passed 12-12-13; Am. Ord. 1050, passed 12-12-13; Am. Ord. 1081, passed 1-26-17; Am. Ord. 1084, passed 3-23-17; Am. Ord. 1085, passed 2-23-17; Am. Ord. 1089, passed 9-28-17; Am. Ord. 1110, passed 6-25-20; Am. Ord. 1118, passed 9-7-21; Am. Ord. 1131, passed 9-5-23; Ord. No. 1134, Exh. A, passed 1-23-2024; Ord. No. 1138, § II(Exh. A), 5-21-24; Ord. 1146, passed 10-15-24)

This section consists of the official zoning maps of the city (on file in the City Clerk's office), and shall show the designations, locations and boundaries of the various zone districts. Said maps are hereby declared to be a part of this chapter.

('64 Code, § 30.00; Am. Ord. 1132, passed 9-5-23)

§ 155.005 - CITY PROJECTS.

Notwithstanding any lawful exemptions to zoning regulations, the provisions of this chapter shall not apply to any buildings, improvements, lots or premises owned, leased, operated or controlled by the City or any City project for public purposes.

(Ord. No. 1135, § II(Exh. A), 4-2-24)

§ 155.006 - INDEMNIFICATION.

(A)

With the submittal of any application, the owner and/or applicant agrees that upon approval of its application, the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City, its agents, officials, officers, employees, departments and agencies from any claim, demands, lawsuits and other actions or proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature) (collectively "Action"), brought against the City, its agents, officials, officers, employees, departments, and agencies, that challenge, attack, or seeks to modify, set aside, void, or annul, any action of or approval by the City concerning:

(1)

Any such approval of the City: and/or

(2)

Any Action brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.

(B)

In the event any Action is brought, the City shall promptly notify the owner and/or applicant of the existence of the Action and the City will cooperate fully in the defense of the Action. Nothing in this section shall prohibit the City from participating in the defense of any Action.

(C)

In the event that the owner and/or applicant is required to defend the City in connection with any Action described in this section, the City shall retain the right to approve:

(1)

The counsel defending the City;

(2)

All significant decisions concerning the manner in which defense is conducted; and

(3)

Any and all settlements, which approval shall not be unreasonably withheld.

(D)

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the owner and/or applicant in the defense of the Action. If the City chooses to have counsel of its own defend any Action where the owner and/or applicant has already retained counsel, the fees and expenses of the counsel selected by the City shall be reimbursed by the owner/applicant.

(Ord. No. 1135, § II(Exh. A), 4-2-24)

ZONE DISTRICTS Part 1. - GENERAL PROVISIONS

In order to provide for the orderly development of the city and for the purpose of carrying out the provisions of this chapter, the city is hereby divided into land use zone districts, hereafter referred to as zones or zone districts, which shall be known by the following zone symbols and designations:

('64 Code, § 20.00; Am. Ord. 358, passed 7-10-69; Am. Ord. 367, passed 12-11-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 1131, passed 9-5-23)

Except as provided in this chapter, no building or structure shall be constructed, erected, enlarged, altered, reconstructed, moved or relocated, nor shall any existing building, structure or land be used for any purpose except as specifically permitted in the zone in which such building, structure or land is located and in accordance with all provisions of this chapter.

('64 Code, § 21.00)

Cross reference— Penalty, see § 10.97

§ 155.017 - USES NOT LISTED.

(A)

When a use is not specifically listed in any of the zones, the Planning Commission may, after study and deliberation, determine the proper zone classification for said use. The Commission's decision shall be based on a study of said use and on a finding that the following conditions apply:

(1)

That said use is definitely similar to other uses permitted in the zone within which it is proposed to be located; and

(2)

That said use and its operation are compatible with and potentially not more detrimental or obnoxious than uses listed in the same zone.

(B)

The Planning Commission's findings shall be set forth in a resolution and said resolution shall contain the facts and reasons for said findings.

('64 Code, § 22.00; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75)

§ 155.018 - DESIGNATION OF ZONES BY MAP.

The designations, locations and boundaries of the various zones are set forth on the "official zoning map" of the city which comprises § 155.004 of this chapter.

('64 Code, § 23.00)

§ 155.019 - INTERPRETATION OF ZONE BOUNDARIES.

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following shall apply:

(A)

A street, alley, railroad right-of-way, watercourse channel or other right-of-way included on the official zoning map, unless otherwise indicated, shall be included within the zone of adjoining property.

(B)

Where such street, alley, railroad right-of-way, watercourse or other right-of-way serves as a boundary between two or more different zones, the centerline of said right-of-way shall be considered the zone boundary.

(C)

Where uncertainty exists, the Commission shall, by written decision, determine the location of the zone boundary.

(D)

In the event that a vacated street, alley, or other right-of-way was the boundary between two or more zones prior to its being vacated, the new zone boundary shall be at the new property line. Where said vacation does not involve the establishment of a new property line, said zone boundary shall be fixed by written decision of the Commission.

('64 Code, § 23.01)

All amendments and changes to the official zoning map adopted according to the provisions of this chapter shall be considered a part of this chapter and of the official zoning map at the time of the effective date of all said amendments and changes. The City Council may, from time to time, order revision of the official zoning map so as to include all changes to date. No changes shall be made upon said zoning map which have not been officially adopted according to the provisions of this chapter. The revised map shall become the official zoning map of the city and replace the original map.

('64 Code, § 23.02)

Areas annexed to the city shall be classified in the same zone as the land was classified immediately prior to annexation. If such zone does not exist in this chapter, the Planning Commission shall be authorized to determine the nearest comparable zone, and the land shall be zoned in said nearest comparable zone. The official zoning map shall be amended to indicate the zoning immediately upon annexation to the city. This section shall not be construed to limit the authority of the city to rezone areas annexed to the city, nor shall it be construed to limit the right of any property owner to request rezoning of properties being annexed to the city.

('64 Code, § 24.00)

§ 155.022 - REQUEST FOR REZONING OF ANNEXED AREAS.

Any petition for annexation to the city may also contain a request for rezoning of the subject area in the event that the property is annexed to the city. Such requests shall be submitted to the City Council and accompanied by a petition, filing fee, maps and other data required for a change of zone as set forth in this chapter, unless the City Council shall specifically waive this requirement. The Council shall then refer the matter to the Planning Commission for its study and report.

('64 Code, § 24.01)

The Planning Commission shall conduct the necessary public hearing on the requested change of zone in accordance with the provisions of this chapter. Upon conclusion of the public hearing and after its study and investigation of the matter, the Planning Commission shall recommend to the City Council the proper zone classification for the area being annexed. The Commission may also recommend any improvements that may be needed in order to make the area suitable for a particular zone classification.

('64 Code, § 24.02)

The City Council may, if it so desires, hold the required public hearing on any change of zone that has been recommended by the Planning Commission prior to completion of the annexation proceedings. However, the ordinance embodying any change of zone shall not be adopted until the annexation has been completed in accordance with the requirements of state law.

('64 Code, § 24.03)

Part 1A. - SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Common Interest Development. Any of the following:

(1)

A community apartment project;

(2)

A condominium project;

(3)

A planned development;

(4)

A stock cooperative.

Electronic Submittal. The utilization of one or more of the following:

(1)

Email;

(2)

The Internet;

(3)

Facsimile.

Reasonable Restrictions. On a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

Restrictions that do not Significantly Increase the Cost of the System or Decrease Its Efficiency or Specified Performance. Means:

(1)

For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

(2)

For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

Small Residential Rooftop Solar Energy System. All of the following:

(1)

A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(2)

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city or County of Los Angeles and all state and county health and safety standards.

(3)

A solar energy system that is installed on a single or duplex family dwelling.

(4)

A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

Solar Energy System. Either of the following:

(1)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(2)

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

Specific, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 1066, passed 10-8-15)

§ 155.031 - PURPOSE; APPLICABILITY.

(A)

The purpose of this part is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This part encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and by expanding the ability of property owners to install solar energy systems. This part allows the city to achieve these goals while protecting the public health and safety.

(B)

This part applies to the permitting of all small residential rooftop solar energy systems in the city and county. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this part are not subject to the requirements of this part unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. 1066, passed 10-8-15)

§ 155.032 - SOLAR ENERGY SYSTEM REQUIREMENTS.

(A)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, county and city.

(B)

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(C)

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 1066, passed 10-8-15)

(A)

All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

(B)

Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.

(C)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(D)

The city's Building Official shall promulgate a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(E)

The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(F)

All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Cal. Gov't Code § 65850.55, Cal. Gov't Code § 66015, Cal. Gov't Code § 66016, and Cal. State Health and Safety Code § 17951.

(Ord. 1066, passed 10-8-15)

(A)

The city's Building Official shall promulgate an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within three business days of receipt of a complete electronic application that meets the requirements of the approved checklist and standard plan. The Building Official may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.

(B)

Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements.

(C)

If a use permit is required, the Building Official may deny an application for the use permit if the Official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission.

(D)

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(E)

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions Cal. Civil Code § 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(F)

The city shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code § 4080.

(G)

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(H)

Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.

(I)

The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window.

(J)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this part.

(Ord. 1066, passed 10-8-15)

Part 2. - A-1 LIGHT AGRICULTURAL ZONE DISTRICT

The purpose of the Light Agricultural Zone is to provide for the proper utilization of those lands best suited for agricultural purposes and to prevent the encroachment of incompatible uses. The Light Agricultural Zone may also be used as a transitional classification for open or agricultural land pending classification for more permanent use.

('64 Code, § 40.00)

The following are the principal permitted uses in the A-1 Zone:

(A)

Farms or ranches for orchards, vineyards, tree crops, field crops, bush and berry crops, vegetable gardening, flower gardening and plant nurseries.

(B)

Single-family dwellings, not more than one on a lot or parcel of land.

(C)

The keeping of poultry and rabbits for noncommercial purposes; provided, that not more than 12 poultry and four adult rabbits shall be kept on any one lot or parcel.

(D)

Greenhouses and aviaries.

(E)

Supportive housing and transitional housing subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in this district.

(F)

Manufactured housing.

(G)

Community care facility, small.

(H)

Employee housing, small.

('64 Code, § 40.01; Am. Ord. 1085, passed 2-23-17)

Cross reference— Business regulations; permits, see Title XI; Conditional use permits, see §§ 155.710 - 155.724

§ 155.037 - ACCESSORY USES.

The following accessory uses are permitted in the A-1 Zone:

(A)

Living quarters of persons regularly employed on the premises; but not including labor camps, nor accommodations or areas for transient labor.

(B)

Gardening sheds, lath houses and similar structures.

(C)

Guest houses.

(D)

The keeping of not more than three adult dogs and three adult cats and their litters up to the age of ten weeks.

(E)

The keeping of horses; provided, that there are not more than two horses on any parcel less than one acre in size, nor more than two horses per acre for parcels greater than one acre in size, and provided, that said horses be kept not closer than 100 feet from the boundaries of any residential zone, school, park or institution for human care.

(F)

Offices incidental and necessary to the conduct of the permitted agricultural uses.

(G)

Roadside stands not exceeding 400 square feet in floor area, for the sale of agricultural products grown on the premises only.

(H)

Private swimming pools.

(I)

Home occupations in accordance with the provisions of § 155.635.

(J)

The keeping of not more than four pigeons; provided, that said pigeons are kept caged at all times.

(K)

Other accessory uses and buildings customarily appurtenant to a principal permitted use.

('64 Code, § 40.02; Am. Ord. 358, passed 7-10-69)

§ 155.038 - CONDITIONAL USES.

The following uses are permitted in the A-1 Zone only after a valid conditional use permit has first been obtained:

(A)

Dairies, including the processing of milk.

(B)

Grazing or raising of domestic farm animals, including poultry or rabbits (in excess of the number permitted as a principal permitted use), goats, sheep, cows, calves, mules, donkeys or animals of asimilar character; provided, that the minimum lot size for the keeping or raising of such animals is one acre; and provided, that said poultry or animals are not kept closer than 100 feet from the boundary of any residential zone, park, school or institution for human care.

(C)

Keeping of bees; provided, that no hive or box where bees are kept shall be closer than 100 feet from the boundary of any residential zone, park, school or institution for human care.

(D)

Animal feed lots and sales yards.

(E)

Household pets not listed as permitted accessory uses.

(F)

Kennels, riding academies and public stables.

(G)

Private noncommercial recreation areas and facilities, including country clubs and golf courses.

(H)

Golf driving ranges.

(I)

Rest homes, nursing homes and sanitariums.

(J)

Cemeteries, crematories, mausoleums and columbariums.

(K)

Heliports and airfields.

(L)

Electrical distribution substations.

(M)

Worm farms.

(N)

Public and quasi-public buildings and uses of a recreational, educational, cultural or public service nature, provided that the Planning Commission first determines that there is a definite showing of necessity for such use in the location requested. Storage yards, repair yards, warehouses, and similar facilities shall not be permitted.

(O)

Community care facility, large.

('64 Code, § 40.03; Am. Ord. 501, passed 6-24-75; Am. Ord. 568, passed 10-25-79; Am. Ord. 1085, passed 2-23-17)

Cross reference— Penalty, see § 10.97

The property development standards set forth in the following sections shall apply to all land in the A-1 Zone. In addition, the development standards set forth in §§ 155.445 through 155.463 shall also apply.

('64 Code, § 40.04)

§ 155.040 - LOT AREA, WIDTH AND DEPTH.

(A)

Each lot shall have an area not less than one acre.

(B)

Each lot shall have a width of not less than 120 feet.

(C)

Each lot shall have a depth of not less than 170 feet.

('64 Code, §§ 40.05—40.07)

Cross reference— Penalty, see § 10.97

There shall be a maximum of one single-family dwelling unit per parcel in the A-1 Zone and each parcel shall have a minimum area of one acre.

('64 Code, § 40.08)

Cross reference— Penalty, see § 10.97

No building or structure erected in the A-1 Zone shall have a height greater than 35 feet, except as provided in §§ 155.385 through 155.598.

('64 Code, § 40.09)

Cross reference— Penalty, see § 10.97

(A)

Each lot shall have a front yard extending across the full width of the lot, with a depth of not less than 20 feet.

(B)

There shall be a side yard on each side of the lot, extending from the front yard to the rear yard, of not less than ten feet in width.

(C)

There shall be a rear yard on each lot extending across the full width of the lot. The rear yard shall have a depth of not less than ten feet.

('64 Code, §§ 40.10—40.12)

Cross reference— Penalty, see § 10.97

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in §§ 155.385 through 155.598.

('64 Code, § 40.13)

The minimum distance between the residential dwelling unit and accessory buildings shall be ten feet.

('64 Code, § 40.14)

Cross reference— Penalty, see § 10.97

A building used as a dwelling unit shall have a minimum area of 900 square feet, exclusive of garage and porch areas.

('64 Code, § 40.15)

Cross reference— Penalty, see § 10.97

The maximum coverage of the lot or parcel by all structures shall not exceed 20 percent of the lot area.

('64 Code, § 40.16)

Cross reference— Penalty, see § 10.97

§ 155.048 - REQUIRED FENCES, HEDGES AND WALLS.

Any area used for the grazing or keeping of animals shall be fenced with a fence high enough and of such construction that said animals will not be able to encroach upon the adjoining property by reaching through, over or under the fence.

('64 Code, § 40.17)

Cross reference— Penalty, see § 10.97

§ 155.049 - REQUIRED OFF-STREET PARKING.

Off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 40.18)

Cross reference— Penalty, see § 10.97

§ 155.050 - REQUIRED ACCESS.

Access to required off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 40.19)

Cross reference— Penalty, see § 10.97

§ 155.051 - SIGNS.

No signs shall be permitted in the A-1 Zone except in accordance with the following provisions. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply:

(A)

Signs or nameplates not exceeding six square feet in area and displaying only the name and address of the premises and the owner or lessee thereof shall be permitted.

(B)

Two signs, each not larger than 32 square feet in area, located not closer than 25 feet apart and identifying only the premises and advertising products produced thereon shall be permitted.

(C)

"For rent," "for sale" or "for lease" signs not exceeding three in number and not exceeding a total area of 32 square feet for all such signs shall be permitted.

(D)

Architect's or builder's signs, or temporary tract signs, shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(E)

Reserved.

(F)

Signs which move, or which have moving parts or flashing lights, shall not be permitted in this zone.

('64 Code, § 40.20; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

Part 3. - R-1 SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT

The purpose of the Single-Family Residential Zone is to encourage and promote a suitable environment for family life by providing for the development of adequate homes, yards and other residential facilities, and to protect and stabilize desirable characteristics of residential areas.

('64 Code, § 41.00)

§ 155.061 - PRINCIPAL PERMITTED USES.

The principal permitted use in the R-1 Zone shall be single-family dwellings. Supportive housing and transitional housing shall be permitted and shall be subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in this district. Manufactured housing on a permanent foundation, small community care facilities (six or fewer occupants), and small employee housing (six or fewer occupants) shall also be permitted.

('64 Code, § 41.01; Am. Ord. 1050, passed 12-12-13; Am. Ord. 1085, passed 2-23-17)

§ 155.062 - ACCESSORY USES.

The following accessory uses are permitted in the R-1 Zone:

(A)

Accessory buildings such as lath houses and gardening sheds.

(B)

Garages or carports, housing not more than three automobiles on any one lot.

(C)

The provision within the main building of room and board for not more than two persons other than members of the household or household servants.

(D)

Private swimming pools.

(E)

The keeping of not more than three adult dogs and three adult cats and their litters up to the age of ten weeks.

(F)

Vegetable or flower gardens.

(G)

Guest houses.

(H)

Home occupations in accordance with the provisions of § 155.635.

(I)

The keeping of not more than four pigeons; provided, that said pigeons are kept caged at all times.

(J)

Foster homes.

(K)

Yard sales in accordance with the following:

(1)

A permit shall be required from the Department of Planning and Development to conduct a yard sale in the R-1 Zone. The said permit shall be posted conspicuously on the property during the course of the yard sales event.

(2)

A resident shall be allowed a maximum of three yard sale events in any calendar year.

(3)

Each yard sale shall not exceed three consecutive days.

(4)

Each sale may begin no earlier than 8:00 a.m. and conclude no later than 6:00 p.m.

(5)

One sign, with an area not greater than six feet, may be posted on the private property where the yard sale occurs; the sign must be removed at the conclusion of the sale each day. No other signs are permitted, including signs on public property.

(6)

The merchandise offered for sale shall be limited to the resident's personal goods. The offering of merchandise acquired for the purpose of resale is prohibited.

(L)

When two separate houses exist on a single lot zoned R-1 (Single-Family Residential), both houses may remain provided the following two requirements are met:

(1)

Both houses were constructed prior to October 14, 1961; and

(2)

The subject lot contains not less than 4,500 square feet per dwelling unit.

(M)

Cottage food operations in accordance with the provisions of § 155.635.1.

(N)

Accessory dwelling units in accordance with the provisions of § 155.644.

(O)

Junior accessory dwelling units in accordance with the provisions of § 155.644.1.

('64 Code, § 41.02; Am. Ord. 358, passed 7-10-69; Ord. 743, passed 1-26-89; Am. Ord. 825, passed 7-2993; Am. Ord. 1081, passed 1-26-17; Am. Ord. 1084, passed 3-23-17; Ord. No. 1145, passed 8-22-24)

The following uses shall be permitted in the R-1 Zone only after a valid conditional use permit has first been issued:

(A)

The keeping of household pets other than those permitted as an accessory use.

(B)

Large family day care pursuant to § 155.625.

(C)

Public and quasi-public buildings and uses of a recreational, educational, cultural or public service nature; provided, that the Planning Commission first determines that there is a definite showing of necessity for such use in the location requested. Storage yards, repair yards, warehouses and similar facilities shall not be permitted.

(D)

Community care facility, large.

('64 Code, § 41.03; Ord. 560, passed 5-9-79; Am. Ord. 634, passed 7-28-83; Am. Ord. 827, passed 7-2993; Am. Ord. 938, passed 8-28-03; Am. Ord. 1085, passed 2-23-17)

Cross reference— Penalty, see § 10.97

§ 155.064 - PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and structures in the R-1 Zone. The property development standards contained in §§ 155.445 through 155.463 shall apply.

('64 Code, § 41.04)

Cross reference— Penalty, see § 10.97

§ 155.065 - LOT AREA, WIDTH AND DEPTH.

(A)

Each lot shall have an area of not less than 5,000 square feet. However, there shall be no more than one dwelling unit on any one lot or parcel of land regardless of size.

(B)

(1)

Interior lots shall have a width of not less than 50 feet.

(2)

Corner lots shall have a width of not less than 60 feet.

(3)

Reversed corner lots shall have a width of not less than 70 feet.

(4)

Lots with side lot lines adjoining freeways, drainage channels or railroad rights-of-way shall have a width of not less than 70 feet.

(C)

(1)

Lots having front lot lines adjoining local streets shall have a minimum depth of 100 feet.

(2)

Lots having front or rear lot lines adjoining major or secondary highways which are not provided with a service road shall have a minimum depth of 120 feet.

(3)

Lots having rear lot lines adjoining a freeway, drainage channel or railroad right-of-ways shall have a minimum depth of 120 feet.

(4)

Lots having rear lot lines adjoining public schools or recreation areas shall have a minimum depth of 120 feet.

('64 Code, §§ 41.05—41.07)

Cross reference— Penalty, see § 10.97

§ 155.066 - POPULATION DENSITY.

There shall be not more than one single-family dwelling unit per lot or parcel of land and each parcel shall have an area of not less than 5,000 square feet.

('64 Code, § 41.08)

Cross reference— Penalty, see § 10.97

§ 155.067 - BUILDING HEIGHT.

No building or structure erected in this zone shall have a height greater than 25 feet except as provided in §§ 155.385 through 155.598 of this chapter.

('64 Code, § 41.09)

Cross reference— Penalty, see § 10.97

§ 155.068 - FRONT YARD.

(A)

Except as provided in this subchapter, each lot shall have a front yard of not less than 20 feet. Except as provided in §§ 155.385 through 155.598, no part of the area between the street property line and the front wall of the building shall be used for parking or storage purposes, including the parking or storage of motor vehicles, trailers, boats, or boat trailers.

(B)

Where lots comprising 50 percent or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed herein, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage. However, a front yard determined in this way shall not be less than 15 feet and need not be more than 40 feet. Existing front yards of more than 40 feet shall be counted as 40 feet in calculating the average.

(C)

On key lots, the minimum front yard shall be the same as the required front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this chapter, the key lot front yard may be the same. However, in no case shall the key lot front yard be less than 15 feet.

('64 Code, §§ 41.10—41.12; Am. Ord. 292, passed 5-12-66; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

§ 155.069 - SIDE YARD.

(A)

Each lot shall have a side yard on each side of not less than five feet.

(B)

On corner lots, unless otherwise specified in this chapter, the side yard adjoining the street shall be not less than ten feet in width. Except as provided in §§ 155.385 through 155.598, no part of the area between the street property line and the wall of the building shall be used for parking or storage purposes, including the parking or storage of motor vehicles, trailers, boats or boat trailers, unless completely screened from view from the adjoining street.

(C)

On a reversed corner lot, the side yard adjoining the street shall be not less than the front yard required on interior lots on the street upon which the reversed corner lot sides. Except as provided in §§ 155.385 through 155.598, no part of the area between the street property line and the wall of the building shall be used for parking or storage purposes, including the parking or storage of motor vehicles, trailers, boats or boat trailers, unless completely screened from view from the adjoining street.

(D)

(1)

Any accessory building located less than 70 feet from the front property line shall have the same minimum side yard as that required for the main building.

(2)

An accessory building may be located on a side property line which does not border a street when said building complies with all of the following:

(a)

Is located 70 feet or more from the front property line.

(b)

Has no openings on those sides adjoining a property line and is of one-hour fire-resistant construction on said sides.

(c)

Has provision for all roof drainage to be taken care of on the subject lot.

(3)

An accessory building which is 70 feet or more from the front property line but which does not meet the requirements of subdivision (2) of this division, may not be located closer than three feet from the side property line.

(4)

An accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the opposite side of the alley.

(E)

When the side yard is used for driveway access to the parking facilities, said yard shall be not less than ten feet in width.

('64 Code, §§ 41.13—41.17; Am. Ord. 289, passed 3-10-66; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

§ 155.070 - REAR YARD.

(A)

Except as provided in this subchapter, each lot shall have a rear yard of not less than 15 feet.

(B)

(1)

An accessory building may be permitted on the rear property line when said building:

(a)

Has no opening on those sides adjoining a property line and is of one-hour fire-resistant construction on said sides.

(b)

Has provision for all roof drainage to be taken care of on the subject property.

(2)

An accessory building which does not comply with the requirements of subdivision (1) of this division shall not be located closer than three feet from the rear property line.

(3)

An accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the opposite side of the alley.

(4)

On a reverse corner lot, an accessory building shall not be located closer than five feet from any rear property line which is also the side property line for the property to its rear.

('64 Code, §§ 41.18—41.19)

Cross reference— Penalty, see § 10.97

§ 155.071 - PERMITTED ENCROACHMENT INTO REQUIRED YARDS.

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in §§ 155.385 through 155.598 of this chapter.

('64 Code, § 41.20)

Cross reference— Penalty, see § 10.97

§ 155.072 - DISTANCE BETWEEN BUILDINGS.

There are no requirements regarding distance between buildings.

('64 Code, § 41.21; Am. Ord. 289, passed 3-10-66; Am. Ord. 700, passed 9-11-86)

§ 155.073 - MINIMUM AREA OF BUILDINGS.

A building used as a dwelling unit shall have a minimum area of 900 square feet, exclusive of garage and porch areas.

('64 Code, § 41.22)

Cross reference— Penalty, see § 10.97

The minimum coverage of the lot or parcel by all structures shall not exceed 40 percent of the lot area. For the purpose of this section, unenclosed patio structures or swimming pools shall not be counted as structures.

('64 Code, § 41.23; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Fences, hedges and walls shall be permitted in accordance with the following provisions:

(A)

In the front yard setback area the height of fences, hedges and walls shall not exceed 3 1/2 feet and solid fences or walls shall not be permitted.

(B)

On the side and rear lot lines adjoining residentially zoned lots, excepting the front yard setback area, the height of fences, hedges and walls shall not exceed seven feet. On the side and rear property lines, excepting the front yard setback area, adjoining a lot zoned other than residential, the maximum height shall be subject to the approval of the Director of Planning and Development.

('64 Code, § 41.24; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

Off-street parking shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 41.25)

Cross reference— Penalty, see § 10.97

§ 155.077 - VEHICULAR ACCESS.

Access to required off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 41.26)

Cross reference— Penalty, see § 10.97

§ 155.078 - SIGNS.

No signs shall be permitted in the R-1 Zone except in accordance with the following provisions. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply.

(A)

Signs or nameplates not exceeding one square foot in area and displaying only the name and address of the premises and the owner or lessee thereof shall be permitted.

(B)

Temporary subdivision tract signs and architect's or builder's signs shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(C)

"For rent," "for sale" or "for lease" signs, each not exceeding six square feet in area and not more than two such signs on any one lot or parcel, shall be permitted.

(D)

Reserved.

(E)

Signs which move, or which have moving parts or flashing lights, shall not be permitted in this zone.

('64 Code, § 41.27; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

§ 155.079 - LANDSCAPING.

The front yard area, and the side and rear yard areas where they adjoin a dedicated street shall be suitably landscaped and maintained in accordance with the provisions of §§ 155.545 through 155.559 of this chapter.

('64 Code, § 41.28; Am. Ord. 289, passed 3-10-66)

Cross reference— Penalty, see § 10.97

Part 4. - R-3, R-4, MULTIPLE-FAMILY RESIDENTIAL ZONE DISTRICTS

The following zone districts are referred to collectively in this section as the Multiple-Family Residential Zones.

(A)

The Multiple-Family/Medium Density Residential (R-3) Zone District provides a suitable environment for those wishing to live in attached and detached housing on small lots, apartments, or multiple dwelling units. The intent is to promote pedestrian- and street-oriented design, retain desirable residential characteristics for medium density living, and stabilize and protect existing medium density areas. Detached and attached housing is permitted with a range of density (9.1 to 25 units per acre) with heights of two to four stories and high-quality design to ensure neighborhood quality.

(B)

The Multiple-Family/High Density Residential (R-4) Zone District provides a suitable environment for those wishing to live in apartments or multiple dwelling units. The intent is to promote pedestrian- and streetoriented design, retain desirable residential characteristics for high density living, and stabilize and protect existing high-density areas. Multiple dwelling unit developments are permitted with a range of density (25.1 to 40 units per acre) with heights of two to four stories and high-quality design to ensure neighborhood quality.

(Ord. 1131, passed 9-5-23)

Principally permitted uses and conditional uses are shown in Table 1 below. Where a "P" is indicated, the use is a principal permitted use in the zone. Where a "CUP" is indicated, the use is permitted in the zone only after a valid conditional use permit has first been issued. Where an "AUP" is indicated, the use requires an administrative use permit from the Director of Planning and Development. Where an "X" is indicated, the use is not allowed.

TABLE 1: MULTIPLE-FAMILY RESIDENTIAL ALLOWED USES AND PERMIT REQUIREMENTS

Notes:

1 For housing element sites, please see General Plan Housing element Tables H-33 and H-34 at

www.santafesrpings.org., Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20 percent affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division1.&title=7.&part=&chapter=3.&article=10.6.

(Ord. 1131, passed 9-5-23; Ord. No. 1150, passed 9-17-24)

The following accessory uses are permitted in the Multiple-Family Residential Use Zones.

(A)

Garages, gardening sheds, lath houses, recreation rooms and similar uses customarily incidental to principal permitted uses.

(B)

The provisions of room and board for not more than two persons per dwelling unit, other than members of the household or household employees.

(C)

Private swimming pools.

(D)

Keeping of not more than one adult dog and one adult cat and their litters up to the age of ten weeks.

(E)

Home occupations in accordance with the provisions of § 155.635.

(F)

Vegetable or flower gardens.

(G)

Yard sales in accordance with the following:

(1)

A permit shall be required from the Police Services Department to conduct a yard sale in the MultipleFamily Residential Zones. Said permit shall be posted conspicuously on the property during the course of the yard sales event.

(2)

A resident shall be allowed a maximum of three yard-sale events in any calendar year.

(3)

Each yard sale shall not exceed three consecutive days.

(4)

Each sale may begin no earlier than 8:00 a.m. and conclude no later than 6:00 p.m.

(5)

One sign, with an area not greater than six square feet, may be posted on the private property where the yard sale occurs; the sign must be removed at the conclusion of the sale each day. No other signs are permitted, including signs on public property.

(6)

The merchandise offered for sale shall be limited to the resident's personal goods. The offering of merchandise acquired for the purpose of resale is prohibited.

(7)

Cottage food operations in accordance with the provisions of § 155.635.1.

(8)

Other uses not explicitly prohibited that, in the opinion of the Director of Planning and Development, are incidental and accessory to multiple-family residential use and meet the intent of the respective zone and this chapter.

(Ord. 1131, passed 9-5-23)

• § 155.093 - DEVELOPMENT STANDARDS.

The property development standards that follow shall apply to all lots in the Multiple-Family Residential Zones. The property development standards in §§ 155.445 through 155.463 shall also apply.

TABLE 2: MULTIPLE-FAMILY RESIDENTIAL ZONES DEVELOPMENT STANDARDS

1. Additional five feet setback required

Notes:

1 For housing element sites, please see General Plan Housing element Tables H-33 and H-34 at www.santafesrpings.org., Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20 percent affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division1.&title=7.&part=&chapter=3.&article=10.6.

(Ord. 1131, passed 9-5-23; Ord. No. 1150, passed 9-17-24)

§ 155.094 - SETBACKS.

(A)

Setbacks. Buildings shall be set back a minimum of 15 feet from the property line. A minimum of 50 percent of ground-floor building frontage shall be placed at or within five feet of the front setback.

(B)

Landscaping. All setbacks shall be landscaped with the exception of driveways and pedestrian paths.

(Ord. 1131, passed 9-5-23)

§ 155.095 - STEPBACKS.

(A)

Street stepbacks. On street-facing façades, portions of a building above the second story shall be stepped back a minimum of five feet, measured from the building façade.

==> picture [300 x 176] intentionally omitted <==

(B)

Interior/rear stepbacks. On façades abutting R1 zoning districts, the building shall be stepped back above the second story a minimum of five feet, measured from the building façade.

(Ord. 1131, passed 9-5-23)

§ 155.096 - PERMITTED FENCES, HEDGES AND WALLS.

Fences, hedges and walls shall be permitted in accordance with the following provisions.

(A)

Fences, hedges and walls in the front yard area shall be limited to 3 1/2 feet in height.

(B)

Fences, hedges and walls in street side yard areas shall be limited to 3 1/2 feet in height.

(C)

In all other areas, the height shall be limited to seven feet.

(D)

Fences and walls. Barbed wire, chain-link, and razor wire are prohibited.

(Ord. 1131, passed 9-5-23)

§ 155.097 - SCREENING OF MECHANICAL EQUIPMENT.

(A)

Building walls. Where mechanical equipment is permitted on a building wall that abuts a public street or civic space, it shall be screened from view from the right-of-way or civic space. Standpipes, meters, vaults, and similar equipment need not be screened but shall not be placed on a front elevation when other feasible alternatives exist; such equipment shall be placed on a side or rear elevation or on a secondary street of a corner lot, where feasible.

(B)

Rooftops. Rooftop mechanical units shall be set back or screened behind a parapet wall so that they are not visible from any public street, civic space or abutting property.

(C)

Ground-mounted mechanical equipment. Ground-mounted equipment, such as generators, air compressors, trash compactors, and similar equipment, shall be screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges, trellises, and similar plantings may also be used as screens where there is adequate air circulation and sunlight, and irrigation is provided. The city may require additional setbacks and noise dampening equipment for compatibility with adjacent uses.

(Ord. 1131, passed 9-5-23)

§ 155.098 - REQUIRED OFF-STREET PARKING AND LOADING AND BICYCLE PARKING.

Off-street parking and loading facilities shall be provided in accordance with §§ 155.475 through 155.502 of this chapter.

(A)

(1)

Vehicle access.

(2)

Driveways. A maximum of one two-way driveway shall be permitted on sites with less than 200 feet of primary street frontage. A maximum of two two-lane driveways shall be permitted on sites with 200 feet or more of primary street frontage.

(a)

At least one driveway shall be located on a secondary street or alley, where available.

(b)

Driveways and associated curb-cuts shall have a maximum width of 26 feet.

(c)

The minimum distance between driveways on the same lot shall be 50 feet.

(d)

Controlled entrances to parking (e.g., gates) shall be located at least 20 feet from the property line to allow for a queueing vehicle.

(B)

Surface parking.

(1)

Setbacks. Parking shall be set back a minimum of 30 feet from the primary frontage, ten feet from any secondary frontage, and five feet from any adjacent residential zoning district.

(a)

Parking shall be buffered by permitted non-parking uses or a landscaped setback adjacent to the property line, except for vehicle/pedestrian access.

(b)

Landscaped setbacks shall include hedges or shrubs with a minimum height of three feet at the time of planting that form a continuous visual screen to block vehicle headlights.

(2)

Landscaping. A minimum of five percent of the parking area shall be landscaped and permeable, in addition to any landscaped setbacks. This area shall be distributed throughout the parking area.

(3)

Trees. A minimum of one shade tree (a 24-inch box tree) for every four vehicle parking spaces shall be planted and evenly distributed throughout the parking area.

(C)

(1)

Structured parking.

(2)

Setbacks. Structured parking (including underground) shall be set back a minimum of five feet from any adjacent residential zoning district.

(a)

Above ground parking shall be buffered by permitted non-parking uses with a minimum depth of 35 feet adjacent to the street property line, except for vehicle/pedestrian access.

(b)

Semi-subterranean parking shall not extend beyond the building façade and may not project higher than four feet above sidewalk elevation.

(c)

Parking areas with controlled entrances, including access gates, shall be located at least 20 feet from the property line to allow for a queueing vehicle.

(D)

Electric vehicle charging stations. Electric vehicle charging stations shall be provided consistent with the standards referenced within Cal. Green Code § 4.106.4. In addition, the following standards shall apply:

(1)

Electric vehicle charging stations shall be provided in any area designed for the parking or loading of vehicles.

(2)

In new parking areas with 20 or more parking spaces, a minimum of one electric vehicle charging station shall be provided for every ten parking spaces.

(E)

Bicycle parking. Bicycle parking shall be provided consistent with the standards referenced within Cal. Green Code § 5.106.4.1. In addition, the following standards shall apply:

(1)

Horizontal storage. Each horizontal bicycle space shall be designed to maintain a minimum of two feet in width and six feet in length, with a minimum of seven feet of vertical clearance.

(2)

Vertical storage. Each vertical or wall-mounted bicycle space shall be designed to maintain a minimum of three feet six inches in length, with three feet between racks and a minimum of seven feet of vertical clearance.

(3)

Aisles. Access to bicycle parking spaces shall be at least five feet in width. Bicycle spaces shall be separated from auto parking spaces or drive aisles by a fence, wall, curb, or at least five feet of open area.

(Ord. 1131, passed 9-5-23)

In addition to § 155.098(A) above, access to off-street parking facilities shall be provided in accordance with the provisions of §§ 155.488 through 155.490 of this chapter.

(Ord. 1131, passed 9-5-23)

§ 155.100 - SIGNS.

No signs shall be permitted in the Multiple-Family Residential Zones except in accordance with the following provisions. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply.

(A)

Signs or nameplates not exceeding one square foot in area and displaying only the name and address of the premises and the owner or lessee thereof shall be permitted.

(B)

Each apartment building or development may have one permanent sign not exceeding 20 square feet in area identifying the premises. Such sign shall not extend above the roof of the building.

(C)

Temporary subdivision tract signs and architect's or builder's signs shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(D)

"For rent," "for sale," or "for lease" signs, each lot exceeding six square feet in area and not more than two such signs on any one lot or parcel, shall be permitted.

(E)

Signs which move or which have moving parts or flashing lights shall not be permitted in this zone.

(Ord. 1131, passed 9-5-23)

§ 155.101 - LANDSCAPING AND OUTDOOR OPEN SPACE.

The following landscaping and outdoor open space provisions shall apply in the Multiple-Family Residential Zones. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall also apply.

(A)

Site landscaping. At least 15 percent of the overall site shall be landscaped.

(B)

Minimum area.

(1)

Minimum open space shall comply with the applicable design standards depending on type of open space. Areas used for parking, loading, or storage shall not be counted towards minimum open space.

(2)

Residential open space. Residential projects shall provide a minimum of 15 percent of the residential gross floor area as private open space and five percent of the residential gross floor area as common open space.

(C)

Private open space.

(1)

Access. Private open space shall abut and have direct access to the associated tenant space.

(2)

Dimensions. Private open space shall have a minimum area of 40 square feet and a minimum dimension of five feet in each direction, with a vertical clearance of at least eight feet.

(3)

Distribution. Private open space shall be outdoors and may be located within a required setback.

(D)

Common open space.

(1)

Access. Common open space shall be available to all tenants of the building at no cost.

(2)

Types. Common open space shall be provided by at least one of the following and designed to comply with the associated standards:

(a)

Backyard or courtyard on the ground floor:

Dimensions. Common open space shall have a minimum area of 360 square feet and a minimum dimension of 15 feet in each direction.

2.

Distribution. Common open space shall be outdoors, and a minimum of 80 percent of common open space shall be open to the sky.

3.

Landscaping. A minimum of 15 percent of common open space shall be planted area with a minimum dimension of 30 inches in each direction, with a soil depth of at least 18 inches.

4.

Trees. A minimum of one 24-inch box tree per project or for every 500 square feet of common open space, whichever is greater, shall be planted within the common open space. At least 50 percent shall be shade trees.

5.

Hardscape. A maximum of 50 percent of common open space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.

6.

Water features. A maximum of ten percent of common open space shall be decorative water features, such as fountains or reflecting pools.

(b)

Roof deck, terrace, or similar on upper floors:

1.

Dimensions. Common open space shall have a minimum area of 400 square feet and a minimum dimension of 15 feet in each direction.

2.

Distribution. Common open space shall be outdoors, and a minimum of 80 percent of common open space shall be open to the sky.

3.

Landscaping. A minimum of 15 percent of common open space shall be planted area with a minimum dimension of 30 inches in each direction, with a soil depth of at least 18 inches.

Hardscape. A maximum of 50 percent of common open space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.

5.

Water features. A maximum of five percent of common open space shall be decorative water features, such as fountains or reflecting pools.

(c)

Multi-use driveway.

1.

Paving. The entire surface of the driveway shall be comprised of permeable pavers.

2.

Landscaped buffer. The driveway shall be lined by a minimum 18-inch-wide planted area, except at garage entries and pedestrian pathways. If the landscaped buffer is adjacent to a wall, it shall include shrubs or vines of at least 24 inches in height.

(3)

Amount. A maximum of 30 percent of common open space shall be indoors (i.e., lounges, fitness centers, and similar). Indoor common open space shall not include spaces primarily used for circulation.

(Ord. 1131, passed 9-5-23)

The standards in this section apply to development and redevelopment of accessory structures on properties within the multiple-family residential zones, excluding accessory dwelling units.

(A)

Any accessory building located less than 70 feet from the front property line shall have the same minimum side yard as that required for the main building.

(B)

An accessory building shall have a maximum height of 16 feet.

(C)

An accessory building may be located on a side property line which does not border a street when said building complies with all of the following:

(1)

Is 70 feet or more from the front property line.

(2)

Has no openings on those sides of the building adjoining a property line and is of one-hour fire-resistant construction on said sides.

(3)

Has provision for all roof drainage to be taken care of on the subject lot.

(D)

An accessory building which is 70 feet or more from the front property line, but which does not meet the requirements of division (C) of this section, may not be located closer than three feet from the side property line.

(E)

An accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the opposite side of the alley.

(F)

An accessory building may be permitted on the rear property line when said building:

(1)

Has no openings on the sides adjoining any property line and is of one-hour fire-resistant construction on said sides.

(2)

Has provision for all roof drainage to be taken care of on the subject property.

(G)

An accessory building which does not comply with the requirements of division (F) of this section shall not be located closer than three feet from the rear property line.

(H)

An accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the opposite side of the alley.

(I)

On a reverse corner lot, an accessory building shall not be located closer than five feet from any rear property line which is also the side property line for the property to its rear.

(Ord. 1131, passed 9-5-23)

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in §§ 155.455(D) and 155.457(C).

(Ord. 1131, passed 9-5-23)

§ 155.104 - FRONTAGES.

(A)

(1)

Ground floor.

(2)

Entrances. Residential units located adjacent to a street shall have a primary entrance facing the street. Entrances shall have a minimum three-foot by three-foot covered landing area at the same grade as the interior floor.

(a)

Entrances shall incorporate at least three of the following:

1.

Recession at least two feet from the building façade;

2.

Overhead projection of at least two feet in depth (e.g., porch roof);

3.

A sidelight window, adjacent window, or door with a window;

4.

At least one stair, up or down, from the pedestrian pathway;

5.

Paving material, texture, or pattern differentiated from the pedestrian pathway.

(b)

Elevation. Buildings shall have a finished floor between two and four feet above the nearest public sidewalk elevation. On sloping sites, up to 25 percent of units may have finished floors up to six feet above the nearest sidewalk.

(c)

Paths. Pedestrian pathways to all primary entrances and common areas shall have a minimum width of three feet, including to lobbies, open space, parking, and refuse collection areas.

2.

Where located parallel to a driveway, a change of material or pattern shall distinguish pedestrian pathways from vehicular travel lanes.

(d)

Walls and fences. Freestanding walls, fences, and raised planters taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.

(e)

Stoops and patios. The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.

(B)

Façades.

(1)

Transparency. Street-facing façades shall incorporate glazing for at least 20 percent of the overall façade, including at least 15 percent of the ground level.

(2)

Windows. Windows shall be recessed at least two inches from the face of the façade.

(a)

Windows shall have a visible transmittance (VT) of 0.5 or higher. Mirrored, tinted or highly reflective glazing is prohibited.

(b)

Vinyl windows are prohibited.

(3)

(a)

Materials. A minimum of two materials shall be used on any building façade, in addition to glazing, railings, and trim, and shall correspond to variations in building plane.

(b)

A primary material shall cover at least 40 percent of any building façade, excluding windows.

(4)

Color. No more than four colors shall be applied to the building façade (one primary color and up to three trim colors), excluding art (e.g., a mural).

(5)

(a)

Balconies. Balconies shall project a maximum of four feet from the building façade and shall not be located within six feet of any interior property line.

(b)

Side-loaded townhomes shall incorporate at least one front-facing balcony.

(6)

(a)

Roof decks. Roof decks located within 25 feet of a residential zoning district shall be set back a minimum of five feet from the building edge.

(b)

The sum of all roof decks on a single building shall not exceed 60 percent of the roof area to allow for mechanical equipment including solar panels.

(7)

Lighting. All structures, entrances, parking areas, common open spaces, and pedestrian pathways shall be lit from dusk to dawn.

(a)

Lighting shall be located to illuminate only the intended area, and a minimum of 90 percent of lighting shall be directed downward.

(b)

Lighting shall not extend beyond an interior property line, and light sources shall not be visible from adjacent properties.

(8)

Screening. Rooftop equipment, excluding solar photovoltaic, shall be screened from public view.

(Ord. 1131, passed 9-5-23)

Modulation.

(A)

Building length. Buildings shall be no longer than ten units or 200 feet in length, whichever is less, with a minimum separation of ten feet between buildings.

(B)

Façade modulation. Street-facing façades over two stories in height shall incorporate at least two of the following:

(1)

A sloped roof with a pitch greater than 3/12;

(2)

A flat roof with a minimum two-foot vertical height difference for a minimum of ten feet in length and depth;

(3)

A top-level step back of at least two feet for a minimum of 25 percent of the length of the façade;

(4)

A terrace at least five feet in depth and eight feet in width, open to the sky, at least every 50 feet;

(5)

Balconies over 20 percent of the elevation;

(6)

A change in material or texture (excluding windows, doors and railings).

(C)

Façade break. Façade planes adjacent to R1 Zoning Districts shall not exceed 50 feet in width without a façade break of at least five feet deep and ten feet wide.

(Ord. 1131, passed 9-5-23)

(A)

Sidewalks and other pedestrian improvements. All sidewalk construction shall be designed and constructed to meet standard city specifications as approved by the city. On major street frontages, the Director of Planning and Development may condition development approvals on construction of wider

sidewalks, pedestrian streetscape furniture, pedestrian-scale lighting, safety enhancements (e.g., bollards) and textured paving surfaces.

(B)

Street trees. Street trees are required on all streets. Street trees shall be selected, planted and maintained in accordance with city specifications for street trees. On major street frontages, if street trees are planted within tree wells, the Director of Planning and Development may condition development approvals on such wells having city-approved metal grates.

(Ord. 1131, passed 9-5-23)

Part 5. - C-1 NEIGHBORHOOD COMMERCIAL ZONE DISTRICT

The purpose of the Neighborhood Commercial Zone is to provide for convenient shopping for certain goods and services. The stores and shops are intended to fit into the residential pattern of development and not be in disharmony with the surrounding residential areas nor create traffic conflicts. The regulations applying to this zone are intended to protect the residential character of the environment.

('64 Code, § 43.00)

The following are the principal permitted uses in the C-1 Zone:

(A)

Retail establishments offering convenience and shoppers' goods for the local neighborhood including:

(1)

Bakeries, retail.

(2)

Bookstores, rental libraries or newsstands, but not including adult bookstores.

(3)

Cafes, coffee shops and restaurants, except those serving liquor.

(4)

Camera stores.

(5)

Candy stores.

(6)

Chinaware and pottery stores.

(7)

Clothing stores, but not including secondhand stores.

(8)

Delicatessens.

(9)

Dressmaking, custom.

(10)

Drugstores.

(11)

Flower shops.

(12)

Gift or greeting card shops.

(13)

Grocery, fruit, vegetable or meat markets, but excluding supermarkets.

(14)

Hobby shops or toy stores.

(15)

Jewelry stores.

(16)

Shoe stores.

(17)

Small appliance stores.

(18)

Tobacco stores.

(19)

Variety or 5¢ or 10¢ stores.

(20)

Yardage and fabric shops.

(B)

Retail service establishments and offices including:

(1)

Advertising agencies.

(2)

Barbershops.

(3)

Beauty shops.

(4)

Business offices.

(5)

Cleaning or laundry pick-up stations.

(6)

Detective and security guard services.

(7)

Medical or dental offices or clinics.

(8)

Optometrist or optical goods stores.

(9)

Photographers' studios.

(10)

Professional offices.

(11)

Public stenographers.

(12)

Real estate offices.

(13)

Repair shops for radio and television sets.

(14)

Repair shops for small appliances and fix-it shops.

(15)

Self-service laundries and self-service dry cleaning establishments.

(16)

Shoe repair or shoe shine shops.

(17)

Telegraph offices.

(18)

Travel bureaus.

(19)

Utility business offices.

(C)

Cabstands.

(D)

Commercial parking lots.

(E)

Child care nurseries.

('64 Code, § 43.01; Am. Ord. 358, passed 7-10-69; Am. Ord. 568, passed 10-25-79; Am. Ord. 834, passed 2-24-94)

Cross reference— Business regulations; permits, see Title XI; Conditional use permits, see §§ 155.710 - 155.724

§ 155.122 - ACCESSORY USES.

The following accessory uses are permitted in the C-1 Zone: accessory uses and buildings customarily appurtenant to a permitted use such as incidental storage facilities.

('64 Code, § 43.02)

The following uses shall be permitted in the C-1 Zone only after a valid conditional use permit has first been issued:

(A)

Service stations.

(B)

Cocktail lounges and bars.

(C)

Restaurants or cafes serving liquor.

(D)

Clubs, lodges or similar organizations.

(E)

Employment agencies.

(F)

Trampoline centers and similar commercial amusement establishments.

(G)

Ice vending machines.

(H)

Churches.

(I)

Liquor stores (for consumption off the premises only), provided all requirements of § 155.628 are met.

(J)

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service nature, including electrical distribution substations; provided, that the Planning Commission first determines that there is a definite showing of necessity for such uses in the location requested. Storage yards, warehouses or similar facilities shall not be permitted.

('64 Code, § 43.03; Am. Ord. 358, passed 7-10-69; Am. Ord. 568, passed 10-25-79; Am. Ord. 834, passed 2-24-94)

Cross reference— Penalty, see § 10.97

The property development standards set forth in the following sections shall apply to all uses and structures in the C-1 Zone. These requirements are in addition to those set forth under §§ 155.445 through 155.463 of this chapter.

('64 Code, § 43.04)

Cross reference— Penalty, see § 10.97

§ 155.125 - LOT AREA, WIDTH AND DEPTH.

(A)

There shall be no minimum lot area in the C-1 Zone. However, no C-1 Zone district shall be created with less than 30,000 square feet.

(B)

There are no requirements for lot width.

(C)

There are no requirements for lot depth.

('64 Code, §§ 43.05—43.07)

Cross reference— Penalty, see § 10.97

§ 155.126 - POPULATION DENSITY.

Residential uses are not permitted in the C-1 Zone.

('64 Code, § 43.08)

Cross reference— Penalty, see § 10.97

§ 155.127 - BUILDING HEIGHT.

Except as provided in §§ 155.385 to 155.598, no building or structure shall be erected in the C-1 Zone greater than 25 feet in height.

('64 Code, § 43.09)

Cross reference— Penalty, see § 10.97

§ 155.128 - FRONT YARD.

Each lot in the C-1 Zone shall have a front yard of not less than 15 feet extending across the full width of the lot.

('64 Code, § 43.10; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

There shall be no side yard requirement except where the C-1 Zone adjoins a street, or a residential or agricultural zone, in which case, there shall be a side yard of not less than 15 feet on the side or sides adjoining said street or residential or agricultural zone. In the case of a reversed corner lot, the side yard adjoining the street shall be not less than the required front yard of the adjoining interior lot to the rear.

('64 Code, § 43.11; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

There shall be no rear yard requirement except where the C-1 Zone adjoins a street, a residential or agricultural zone, in which case, there shall be a rear yard of not less than 15 feet adjoining said residential or agricultural zone.

('64 Code, § 43.12; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in §§ 155.385 to 155.598 of this chapter.

('64 Code, § 43.13)

Cross reference— Penalty, see § 10.97

§ 155.132 - DISTANCE BETWEEN BUILDINGS.

There are no requirements for the distance between buildings.

('64 Code, § 43.14)

§ 155.133 - MINIMUM SIZE OF BUILDING.

There are no requirements for the minimum size of buildings.

('64 Code, § 43.15)

§ 155.134 - LOT COVERAGE.

The area covered by buildings or structures shall not exceed 50 percent of the total lot area.

('64 Code, § 43.16)

Cross reference— Penalty, see § 10.97

Fences, hedges and walls shall be permitted; except, that in a required front yard or required side or rear yard, where adjoining a dedicated street, the height shall not exceed 3 1/2 feet.

('64 Code, § 43.16; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

A solid masonry wall not less than six feet in height nor less than eight inches in thickness shall be built and maintained on those sides of property in a C-1 Zone which adjoins a residential or agricultural zone, school or park; except, that said wall shall be 3 1/2 feet where it adjoins the front yard setback area. The wall need not to be installed until the property is developed for C-1 uses.

('64 Code, § 43.17; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

§ 155.137 - REQUIRED OFF-STREET PARKING AND LOADING.

Off-street parking and loading facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 43.18)

Cross reference— Penalty, see § 10.97

Access to off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 43.19)

Cross reference— Penalty, see § 10.97

No signs shall be permitted in the C-1 Zone except in accordance with the following provisions. The provisions of §§ 155.515 to 155.536 regarding signs shall also apply:

(A)

Signs shall contain only such subject matter or advertising which refers to the name of the establishment or to the goods and services sold on the premises on which the sign is located.

(B)

The total sign area allowed for any one store or building shall be limited to a size determined by the lineal foot of said store or building frontage or to the total lot area devoted to commercial use in accordance with the following: two square feet of sign area for each lineal foot of store or building frontage or one square foot of sign area for each 200 square feet of lot area devoted to commercial use, whichever is the greater. The total aggregate area of all signs on any one store or building shall not exceed 100 square feet regardless of the frontage of building or lot area.

(C)

Only wall signs or signs on the face of a marquee wall shall be permitted. No signs shall extend above the roof line or a parapet wall around the roof nor project more than one foot from the wall of the structure.

(D)

Signs which move, or which have moving parts or flashing lights shall not be permitted in this zone.

(E)

Architect's or builder's signs, or temporary tract signs, shall be permitted in accordance with the provisions of §§ 155.515 through 155.536.

(F)

Direction signs each not exceeding six square feet in area shall be permitted in connection with off-street parking and loading facilities.

(G)

Two signs each not exceeding 16 square feet in an area located not closer than 50 feet apart, shall be permitted pertaining to the sale, lease or rental of the site or structures on the site. Such signs shall be removed from the site upon occupancy of the site, structure or unit.

('64 Code, § 43.20; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

The following landscaping provisions shall apply in the C-1 Zone. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall also apply:

(A)

Where a C-1 Zone adjoins a dedicated street, a minimum area equivalent to ten square feet for each lineal foot of frontage on said street shall be suitably landscaped and maintained. In addition, all parking areas

shall have landscaping installed equivalent to six percent of the total parking area. This landscaping shall be distributed so that 50 percent of the landscaping is located around the perimeter of the parking area, and the balance located within the parking area. The landscaped area shall be located on private property behind the planned street width line and shall be clearly visible from the street frontage.

(B)

Where fences or walls, including building walls, are constructed adjacent to a public street within 20 feet of the front property line, or side property line in the case of a corner lot, the entire area between the fence or wall and the property line shall be landscaped.

(C)

The parkway portion of the adjoining dedicated street shall be improved with sidewalks and/or landscaping and street trees in accordance with the requirements of the Director of Public Works.

(D)

Concrete curbs shall be installed along the borders of all on-site landscaped areas where said landscaped areas interface with driveways, off-street parking and loading areas and other similar facilities.

(E)

The Planning Commission shall have the authority to grant a temporary waiver of required landscaping in accordance with the provisions of § 155.557.

('64 Code, § 43.21; Am. Ord. 358, passed 7-10-69; Am. Ord. 367, passed 12-11-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

§ 155.141 - OTHER REQUIRED CONDITIONS.

The following additional conditions shall apply in the C-1 Zone:

(A)

Any existing residential structure in this zone shall not be used for both residential and commercial purposes at the same time.

(B)

All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of a building and is visible from adjacent property or a public street at ground level shall be screened by an enclosure which is consistent with the architecture of the building.

(C)

All exterior walls of buildings shall be either painted or surfaced with decorative materials. Gutters, downspouts, vents, louvers, exposed flashing, doors and other building elements shall be painted

consistent with the color scheme of the building.

(D)

All uses shall be conducted within a completely enclosed building except as follows:

(1)

Off-street parking and loading facilities.

(2)

Outdoor uses permitted by conditional use permit.

(E)

All buildings and/or uses on property shall be provided with outdoor trash and refuse storage areas sufficient to provide adequate, safe, and efficient storage of waste and refuse expected to be produced. A minimum of one such outdoor trash and refuse area not less than 4 1/2 feet in width and six feet in length shall be provided for each building and/or use on property; however, the Director of Planning and Development may require additional storage areas if determined necessary to adequately service any building and/or use. All outdoor trash and refuse storage areas shall be screened from view on all sides by a solid fence, wall or structure a minimum of five feet in height and shall be located so as to be readily accessible to users and collection personnel.

('64 Code, § 43.22; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Ord. 822, passed 3-1193)

Cross reference— Penalty, see § 10.97

§ 155.142 - PRINCIPAL PERMITTED USES - TELEGRAPH ROAD CORRIDOR.

Notwithstanding the list of uses set forth in § 155.121, the following are the principal permitted uses in the C-1 Zone, for the properties with frontage on Telegraph Road:

(A)

Retail establishments offering convenience and shoppers' goods for the local neighborhood including:

(1)

Bakeries, retail.

(2)

Bookstores, rental libraries or newsstands, but not including adult bookstores.

(3)

Cafes, coffee shops and restaurants (except those serving liquor which shall be subject to the requirements of § 155.628).

(4)

Camera stores.

(5)

Candy stores.

(6)

Chinaware and pottery stores.

(7)

Clothing stores, but not including secondhand stores.

(8)

Delicatessens.

(9)

Dressmaking, custom.

(10)

Drugstores and pharmacies.

(11)

Flower shops.

(12)

Gift or greeting card shops.

(13)

Grocery, fruit, vegetable or meat markets, but excluding supermarkets.

(14)

Hobby shops or toy stores.

(15)

Jewelry stores.

(16)

Shoe stores.

(17)

Small appliance stores.

(18)

Tobacco stores.

(19)

Yardage and fabric shops.

(B)

Retail service establishments and offices including:

(1)

Advertising agencies.

(2)

Barbershops.

(3)

Beauty shops.

(4)

Business, professional, financial, and utility business offices.

(5)

Retail dry cleaning or laundry establishments.

(6)

Detective and security guard services.

(7)

Medical or dental offices or clinics.

(8)

Optometrist or optical goods stores.

(9)

Photographers' studios.

(10)

Real estate offices.

(11)

Repair shops for electronic equipment.

(12)

Repair shops for small appliances and fix-it shops.

(13)

Shoe repair or shoe shine shops.

(14)

Travel bureaus.

(Ord. 967, passed 3-24-05)

The following accessory uses are permitted in the C-1 Zone for properties with frontage along Telegraph Road: accessory uses and buildings customarily appurtenant to a permitted use such as incidental storage facilities.

(Ord. 967, passed 3-24-05)

Notwithstanding the list of uses set forth in § 155.123, the following are the conditional uses permitted in the C-1 Zone, for the properties with frontage on Telegraph Road, only after a valid conditional use permit has first been granted by the Planning Commission:

(A)

Cocktail lounges and bars (provided all requirements of § 155.628 are met).

(B)

Restaurants or cafes serving liquor (provided all requirements of § 155.628 are met).

(C)

Employment agencies.

(D)

Churches.

(E)

Liquor stores (for consumption off the premises only, provided all requirements of § 155.628 are met).

(F)

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service nature, including electrical distribution substations; provided, that the Planning Commission first determines that there is a definite showing of necessity for such uses in the location requested. Storage yards, warehouses or similar facilities shall not be permitted.

(Ord. 967, passed 3-24-05)

Part 6. - C-4 COMMUNITY COMMERCIAL ZONE DISTRICT

The purpose of the Community Commercial Zone is to provide the proper areas for the development of sound commercial facilities to serve the community and to set up those standards of development necessary to insure that the commercial area will be wholesome, prosperous and harmonize with adjoining land uses.

('64 Code, § 44.00)

§ 155.151 - PRINCIPAL PERMITTED USES.

The following are the principal permitted uses in the C-4 Zone:

(A)

Any of the principal permitted uses listed in the C-1 Zone regulations.

(B)

Retail establishments offering convenience and shoppers' goods for the community including:

(1)

Addressing and letter service.

(2)

Antique or curio shops.

(3)

Appliance or major appliance stores.

(4)

Bicycle sales, repair or rental.

(5)

Catering service.

(6)

Department stores.

(7)

Drapery stores.

(8)

Dry goods stores.

(9)

Employment agencies.

(10)

Floor-covering stores.

(11)

Furniture stores.

(12)

Garden and patio supplies, but not including open-air sales or storage.

(13)

Hard stores.

(14)

Interior decorators' studios.

(15)

Janitorial service.

(16)

Leather or luggage stores.

(17)

Locksmiths' shops.

(18)

Men's furnishings stores.

(19)

Music stores.

(20)

Office equipment or stationery stores.

(21)

Paint or wallpaper stores.

(22)

Pet or pet supply stores.

(23)

Sporting goods stores.

(24)

Supermarkets.

(25)

Taxidermy shops.

(C)

Service establishments and offices, including:

(1)

Blueprinting.

(2)

Eating establishments (except those serving liquor which shall be subject to the requirements of § 155.628).

(3)

Furniture upholstery shops.

(4)

Ice vending machines.

(5)

Poodle clipping shops.

(6)

Post offices.

(7)

Tailor shops.

(8)

Wedding chapels.

(D)

Auto sales and service establishments; provided, all operations including sales, display, storage and repair work are conducted within completely enclosed buildings, including:

(1)

Auto parts and accessory stores.

(2)

Auto repair garages, except body and fender work.

(3)

Auto sales, new agencies.

(4)

Auto sales, used agencies.

(5)

Auto upholstery shops.

(6)

Brake relining shops.

(7)

Mechanical car wash.

(8)

Muffler shops.

(E)

Service stations.

(F)

Entertainment and commercial amusement establishments (except those serving liquor which shall be subject to the requirements of § 155.628 or those entertainment uses subject to § 155.723), including:

(1)

Billiard and pool halls.

(2)

Bowling alleys.

(3)

Cocktail bars and lounges.

(4)

Dance halls or pavilions.

(5)

Ice skating or roller skating rinks.

(6)

Night clubs.

(7)

Social halls.

(8)

Theaters.

(G)

Clubs, schools and studios including:

(1)

Art schools or studios.

(2)

Barber colleges.

(3)

Beauty colleges.

(4)

Business schools.

(5)

Clubs and lodges and similar organizations.

(6)

Dance schools or studios.

(7)

Drama schools or studios.

(8)

Gymnasiums and health studios.

(9)

Language schools.

(10)

Music schools or studios.

(11)

Swimming schools.

(12)

Fortune-telling, provided all requirements of § 155.633 are met.

(H)

Financial establishments including:

(1)

Banks.

(2)

Finance offices.

(3)

Savings and loan associations.

(4)

Stockbrokers.

(5)

Title insurance companies.

(6)

Trust companies.

('64 Code, § 44.01; Am. Ord. 358, passed 7-10-69; Ord. 793, passed 5-23-91; Ord. 834, passed 2-24-94; Am. Ord. 852, passed 7-13-95)

Cross reference— Business regulations; permits, see Title XI; Conditional use permits, see §§ 155.710 - 155.724

§ 155.152 - ACCESSORY USES.

The following accessory uses are permitted in the C-4 Zone: those accessory uses and structures customarily appurtenant to a permitted use, such as incidental storage facilities.

('64 Code, § 44.02)

§ 155.153 - CONDITIONAL USES.

The following uses shall be permitted in the C-4 Zone only after a valid conditional use permit has first been issued:

(A)

Open-air sales, display and storage, including:

(1)

New auto sales.

(2)

Plant nurseries or garden supplies.

(3)

Tool and equipment rental.

(4)

Used auto sales.

(B)

Bakeries and creameries.

(C)

Laundries, cleaning and dyeing establishments.

(D)

Drive-in dairy stores, including the processing of milk.

(E)

Frozen food locker.

(F)

Carpenter shops, electrical, plumbing and heating shops.

(G)

Printing, typesetting, publishing and lithograph shops.

(H)

Bus terminals and similar transit facilities.

(I)

The manufacturing, processing or treatment of products which are clearly incidental to the retail business conducted on the premises; provided:

(1)

That not more than 25 percent of the total floor area is used for such manufacturing or processing.

(2)

That not more than five persons are employed in such manufacturing or processing.

(3)

That such operations are not objectionable to adjoining properties due to noise, odor, dust, smoke, vibration or other similar causes.

(J)

Reserved.

(K)

Drive-in restaurants, ice cream and refreshment stands with limited or no indoor customer seating area.

(L)

Swimming pools, commercial.

(M)

Mortuaries or funeral homes.

(N)

Drive-in theaters.

(O)

Hospitals, nursing homes and sanitariums.

(P)

Secondhand stores or pawnshops.

(Q)

Trailer parks.

(R)

Trampoline centers, outdoor baseball batting cages, and similar commercial amusement establishments.

(S)

Highway patrol offices and appurtenant facilities.

(T)

Sale and service of new and used boats; provided all requirements of § 155.657 are met.

(U)

Outdoor rummage sale or swap meet.

(V)

Amusement arcades or businesses establishing five or more coin-operated games on the premises.

(W)

Motorcycle sales, service and repair.

(X)

Sports centers, including arenas for boxing, wrestling and similar sporting events.

(Y)

Hotels and motels.

(Z)

Churches.

(AA)

Collection stations for recyclable household articles and materials such as clothing, paper, glass, aluminum cans and small articles of furniture, where such uses are fully enclosed.

(BB)

Bingo parlors and game rooms, except as otherwise provided in § 155.617.

(CC)

Animal hospitals and veterinary clinics.

(DD)

Retail sale, lease or transfer of any firearm(s).

(EE)

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service nature, including electrical distribution substations; provided, that the Planning Commission determines that there is a definite showing of necessity for such uses in the location requested. Storage yards, warehouses or similar facilities shall not be permitted.

(FF)

Adult businesses, as defined in § 155.003 of this chapter (subject to compliance with § 155.723(A)).

(GG)

Businesses conducting amusement, entertainment or burlesque activities, as defined in § 155.003 of this chapter (subject to compliance with § 155.723(A)).

(HH)

Dance halls or pavilions (subject to compliance with § 155.723(A)).

(II)

Nightclubs (subject to compliance with § 155.723(A)).

(JJ)

Wine tasting facility, provided all requirements of § 155.628 are met.

(KK)

Massage parlors and similar uses, as defined in § 155.003 of this chapter (subject to compliance with § 155.724(A)).

(LL)

Single room occupancy (SRO) housing.

('64 Code, § 44.03; Am. Ord. 358, passed 7-10-69; Ord. 793, passed 5-23-91; Ord. 834, passed 2-24-94; Am. Ord. 846, passed 11-22-94; Am. Ord. 1085, passed 2-23-17; Am. Ord. 1118, passed 9-7-21)

Cross reference— Pawn shops, secondhand stores, and the like, see § 110.01 - 110.30; Penalty, see § 10.97

§ 155.154 - PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to the C-4 Zone. The provisions of §§ 155.445 through 155.463 shall also apply.

('64 Code, § 44.04)

Cross reference— Penalty, see § 10.97

§ 155.155 - LOT AREA, WIDTH AND DEPTH.

(A)

There shall be no minimum lot area. However, no C-4 Zone District shall be created with less than 60,000 square feet.

(B)

There are no requirements for lot width.

(C)

There are no requirements for lot depth.

('64 Code, §§ 44.05—44.07)

Cross reference— Penalty, see § 10.97

§ 155.156 - POPULATION DENSITY.

Residential uses are not permitted in the C-4 Zone.

('64 Code, § 44.08)

Cross reference— Penalty, see § 10.97

§ 155.157 - BUILDING HEIGHT.

No building or structure erected in this zone shall have a height greater than 75 feet.

('64 Code, § 44.09)

Cross reference— Penalty, see § 10.97

Each lot in the C-4 Zone shall have a front yard of not less than 20 feet extending across the full width of the lot.

('64 Code, § 44.10; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

There shall be no side yard requirements except where the C-4 Zone adjoins a street, agricultural or residential zone, school or park, in which case there shall be a side yard of not less than 20 feet on the side or sides adjoining said street, agricultural or residential zones, school or park. In the case of a reversed corner lot, the side yard adjoining the street shall be not less than 20 feet in width.

('64 Code, § 44.11; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

There shall be no rear yard requirements, except where the C-4 Zone adjoins a street, agricultural or

residential zone, school or park, in which case there shall be a rear yard of not less than 20 feet adjoining said street, agricultural or residential zone, school or park.

('64 Code, § 44.12; Am. Ord. 358, passed 7-10-69; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

§ 155.161 - PERMITTED ENCROACHMENTS IN REQUIRED YARDS.

Certain encroachments shall be permitted in required yard areas. The type of encroachments and the distance they may extend into yard areas are set forth in §§ 155.385 through 155.598 of this chapter.

('64 Code, § 44.13)

Cross reference— Penalty, see § 10.97

§ 155.162 - DISTANCE BETWEEN BUILDINGS.

There are no requirements for distance between buildings.

('64 Code, § 44.14)

§ 155.163 - MINIMUM SIZE OF BUILDINGS.

There are no requirements for the minimum size of buildings.

('64 Code, § 44.15)

The area covered by buildings or structures shall not exceed 50 percent of the total lot area.

('64 Code, § 44.16)

Cross reference— Penalty, see § 10.97

§ 155.165 - PERMITTED FENCES, HEDGES AND WALLS.

Fences, hedges and walls shall be permitted; except, that in a required front yard or required side or rear yard, where adjoining a dedicated street, the height shall not exceed 3 1/2 feet.

('64 Code, § 44.16.1; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

A solid masonry wall not less than six feet in height nor less than eight inches in thickness shall be built and maintained on those sides of property in a C-4 Zone which adjoins an agricultural or residential zone, school or park; except, that said wall shall be 3 1/2 feet where it adjoins the front yard setback area. The wall need not be installed until the property is developed for commercial uses.

('64 Code, § 44.17; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

§ 155.167 - REQUIRED OFF-STREET PARKING AND LOADING.

Off-street parking and loading facilities shall be provided in accordance with the §§ 155.475 through 155.502 of this chapter.

('64 Code, § 44.18)

Cross reference— Penalty, see § 10.97

§ 155.168 - REQUIRED ACCESS.

Access to off-street parking facilities shall be provided in accordance with the provisions of §§ 155.475 through 155.502 of this chapter.

('64 Code, § 44.19)

Cross reference— Penalty, see § 10.97

§ 155.169 - SIGNS.

No signs shall be permitted in the C-4 Zone except in accordance with the following provisions. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply:

(A)

The total sign area allowed for any one store or building shall be limited to a size determined by the lineal feet of said store or building frontage, or to a percentage of the total area of the street facing store or building elevation, whichever is greater, in accordance with the following: three square feet of sign area for each lineal foot of store or building frontage or ten percent of the street facing building elevation area, whichever is greater.

(B)

Signs shall only contain subject matter or advertising which refers to the name of the establishment or to goods and services sold on the premises on which the sign is located.

(C)

Signs shall be limited to building wall signs, fascia signs and monument signs except that electronic message boards and freestanding center signs shall be permitted in accordance with division (K) of this section and § 155.525 of this chapter, respectively, and except that freestanding signs other than those specifically permitted by this section shall be permitted if authorized by a valid conditional use permit. The Planning Commission shall establish criteria and conditions for the approval of conditional use permits for freestanding signs.

(D)

Signs on buildings shall be limited to wall signs and fascia signs. No sign shall extend above the roof line or above a parapet wall around the roof nor project more than one foot from the building wall.

(E)

Freestanding and monument signs shall be spaced at intervals of not less than 100 feet along the street frontage of the lot served and not less than 50 feet from a freestanding or monument sign located on an adjacent lot.

(F)

Freestanding signs shall not exceed 40 square feet in area or a height of 20 feet, except as otherwise provided in division (K) of this section and § 155.525 of this chapter. Monument signs shall not exceed 40 square feet in area or an overall height of five feet.

(G)

Signs which move, or which have moving parts or flashing lights shall not be permitted except as provided in this subchapter.

(H)

Architect's or builder's signs, or temporary tract signs shall be permitted in accordance with the provisions of §§ 155.515 through 155.536 of this chapter.

(I)

Direction signs, each not exceeding six square feet in area, shall be permitted in connection with off-street parking and loading facilities.

(J)

Two signs, each not exceeding 16 square feet in area, located not closer than 50 feet apart, shall be permitted as a temporary use pertaining to the sale, lease or rental of the site, unit or structures on the site. Such sign(s) shall be removed from the site upon occupancy of the site, structure or unit.

(K)

Electronic message board signs, reader boards, or other similar signs utilizing programmed lights, and the like, shall only be permitted in conjunction with multi-tenant shopping centers comprising ten or more acres in size. Such electronic message board signs, reader boards or similar signs, shall be limited to a maximum sign area of 200 square feet, with only one such sign for each shopping center. Electronic message boards shall not exceed 20 feet in height unless development plan approval is first granted by the Planning Commission.

('64 Code, § 44.20; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

§ 155.170 - LANDSCAPING.

The following landscaping provisions shall apply in the C-4 Zone. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall also apply:

(A)

Where a C-4 Zone adjoins a dedicated street, a minimum area equivalent to 20 square feet for each lineal foot of frontage on said street shall be suitably landscaped and maintained. The landscaped area shall be located on private property behind the planned street width line and shall be clearly visible from the street frontage. The landscaped area shall include a minimum 15-foot-wide landscaped strip between the on-site parking areas and the property line adjoining the public street, excepting locations for driveways.

(B)

In addition, all areas shall have landscaping installed equivalent to six percent of the total parking areas. This landscaping shall be distributed so that 50 percent of the landscaping is located around the perimeter of the parking area, and the balance located within the parking area.

(C)

For property with frontage on a major or secondary highway, the front yard landscaped area shall consist of a grass lawn with undulating earth berms two to three feet in height and minimum 24-inch box trees.

(D)

The parkway portion of the adjoining dedicated street shall be improved with sidewalks and/or landscaping and street trees in accordance with the requirements of the Director of Public Works.

(E)

Where fences or walls, including building walls, are constructed adjacent to a public street within 20 feet on the front property line, or side property line in the case of a corner lot, the entire area between the fence or wall and the property line shall be landscaped.

(F)

Concrete curbs shall be installed along the borders of all on-site landscaped areas where said landscaped areas interface with driveways, off-street parking and loading areas and other similar facilities.

(G)

The Planning Commission shall have the authority to grant a temporary waiver of required landscaping in accordance with the provisions of § 155.557.

('64 Code, § 44.21; Am. Ord. 358, passed 7-10-69; Am. Ord. 367, passed 12-11-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

§ 155.171 - OTHER REQUIRED CONDITIONS.

The following additional conditions shall apply in the C-4 Zone:

(A)

Any existing residential structures in this zone shall not be used for both residential and commercial purposes at the same time.

(B)

All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of a building and is visible from adjacent property or a public street at ground level shall be screened by an enclosure which is consistent with the architecture of the building.

(C)

All exterior walls of buildings shall be either painted or surfaced with decorative materials. Gutters, downspouts, vents, louvers, exposed flashing, doors and other building elements shall be painted consistent with the color scheme of the building.

(D)

All uses shall be conducted within a completely enclosed building except as follows:

(1)

Automobile service stations.

(2)

Off-street parking and loading facilities.

(3)

Outdoor uses permitted by conditional use permit.

(E)

All buildings and/or uses on property shall be provided with outdoor trash and refuse storage areas sufficient to provide adequate, safe and efficient storage of waste and refuse expected to be produced. A minimum of one such outdoor trash and refuse area not less than 4 1/2 feet in width and six feet in length shall be provided for each building and/or use on property; however, the Director of Planning and Development may require additional storage areas if determined necessary to adequately serve any building and/or use. All outdoor trash and refuse storage areas shall be screened from view on all sides by a solid fence, wall or structure a minimum of five feet in height and shall be located so as to be readily accessible to users and collection personnel.

('64 Code, § 44.22; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Ord. 822, passed 3-1193)

Cross reference— Penalty, see § 10.97

§ 155.172 - PRINCIPAL PERMITTED USES - TELEGRAPH ROAD CORRIDOR.

Notwithstanding the list of uses set forth in § 155.151, the following are the principal permitted uses in the C-4 Zone, for the properties with frontage on Telegraph Road:

(A)

Any of the principal permitted uses as listed in § 155.142.

(B)

Retail establishments offering convenience and shoppers' goods for the community including:

(1)

Addressing and letter service.

(2)

Antique or curio shops.

(3)

Appliance or major appliance stores.

(4)

Bicycle sales, repair or rental.

(5)

Catering service.

(6)

Department stores.

(7)

Drapery stores.

(8)

Dry goods stores.

(9)

Employment agencies.

(10)

Floor-covering stores.

(11)

Furniture stores.

(12)

Garden and patio supplies, but not including open-air sales or storage.

(13)

Hardware stores.

(14)

Leather or luggage stores.

(15)

Locksmiths' shops.

(16)

Men's furnishings stores.

(17)

Music stores.

(18)

Office equipment or stationery stores.

(19)

Paint or wallpaper stores.

(20)

Pet or pet supply stores.

(21)

Sporting goods stores.

(22)

Supermarkets.

(C)

Service establishments and offices, including:

(1)

Print shops.

(2)

Eating establishments (except those serving liquor which shall be subject to the requirements of § 155.628).

(3)

Pet grooming shops.

(4)

Post offices.

(5)

Tailor shops.

(D)

Auto parts and accessory stores, provided all operations including sales, display, storage and repair work are conducted within completely enclosed buildings.

(E)

Financial establishments including:

(1)

Banks.

(2)

Finance offices.

(3)

Savings and loan associations.

(4)

Stockbrokers.

(5)

Title insurance companies.

(Ord. 967, passed 3-24-05)

The following accessory uses are permitted in the C-4 Zone for properties with frontage along Telegraph Road: accessory uses and buildings customarily appurtenant to a permitted use such as incidental storage facilities.

(Ord. 967, passed 3-24-05)

Notwithstanding the list of uses set forth in § 155.123, the following are the conditional uses permitted in the C-4 Zone, for the properties with frontage on Telegraph Road, only after a valid conditional use permit has first been granted by the Planning Commission:

(A)

Any of the conditional uses as listed in § 155.144.

(B)

Bakeries.

(C)

Drive-thru restaurants.

(D)

Highway patrol offices and appurtenant facilities.

(E)

Amusement arcades or businesses establishing five or more coin-operated games on the premises.

(F)

Hotels and motels.

(G)

Churches.

(H)

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service nature, including electrical distribution substations; provided, that the Planning Commission determines that there is a definite showing of necessity for such uses in the location requested. Storage yards, warehouses or similar facilities shall not be permitted.

(I)

Clubs, schools and studios including:

(1)

Art schools or studios.

(2)

Barber colleges.

(3)

Beauty colleges.

(4)

Business schools.

(5)

Clubs and lodges and similar organizations.

(6)

Dance schools or studios.

(7)

Drama schools or studios.

(8)

Gymnasiums and fitness centers.

(9)

Language schools.

(10)

Music schools or studios.

(11)

Swimming and diving schools.

(J)

Entertainment and commercial amusement establishments (except those serving liquor which shall be subject to the requirements of § 155.628 or those entertainment uses subject to § 155.723), including:

(1)

Billiard and pool halls.

(2)

Bowling alleys.

(3)

Cocktail bars and lounges.

(4)

Ice skating or roller rinks.

(5)

Theaters.

(K)

Service stations.

(Ord. 967, passed 3-24-05)

PART 6.A. - MU, MU-DT, AND MU-TOD, MIXED-USE ZONE DISTRICTS

§ 155.175.1 - PURPOSE.

The following zone districts are referred to collectively in this chapter as the Mixed-Use Zones.

(A)

The Mixed-Use (MU) Zone District provides opportunities to create mixed use corridors, such as Telegraph Road. The zone encourages mixed-use development along key frontages, with landscaped street edges designed to protect pedestrians and buildings from automobile and truck traffic. A mix of uses are permitted including multi-family residential (up to 40 units per acre), retail and service commercial, office, dining, and small-scale entertainment.

(B)

The Mixed-Use Downtown (MU-DT) Zone District implements the city's goal to establish a new downtown, one which is envisioned as a mixed-use district surrounding Heritage Park, with a newly created main street setting and vertical/horizontal mixed-use development featuring ground-floor commercial uses and residences above. The district provides opportunities for multi-family residential (up to 40 units per acre), retail and service commercial, office, dining, entertainment, hospitality, lodging restaurants, entertainment venues and public gathering spaces for community events within highly walkable areas with broad pedestrian-friendly sidewalks, trees, landscaping, signage, and art.

(C)

The Mixed-Use Transit-Oriented Development (MU-TOD) Zone District is intended for use around the planned Metro L Line station at Washington and Norwalk Boulevards) and the existing Metrolink Norwalk/Santa Fe Springs Station. Transit-oriented communities consist of residential and commercial activity. The standards are intended to help ensure that the physical environment around each station considers the pedestrian scale, with easy walking connections to the station platforms. A mix of uses are permitted including multi-family residential (up to 60 units per acre), retail and service commercial, office, dining, and entertainment.

(Ord. 1131, passed 9-5-23)

Permitted uses and conditional uses are shown in Table 1 below. Where a "P" is indicated, the use is a principal permitted use in the zone. Where a "CUP" is indicated, the use is permitted in the zone only after a valid conditional use permit has first been issued. Where an "AUP" is indicated, the use requires an administrative use permit from the Director of Planning and Development. Where an "X" is indicated, the use is not allowed.

TABLE 1: MIXED-USE ALLOWED USES AND PERMIT REQUIREMENTS

P: Permitted Use X: Use Not Allowed CUP: Conditional Use Permit AUP: Administrative Use Permit

Notes:

1 For housing element sites, please see General Plan Housing element Tables H-33 and H-34 at www.santafesrpings.org., Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20 percent affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division1.&title=7.&part=&chapter=3.&article=10.6.

(Ord. 1131, passed 9-5-23; Ord. No. 1150, passed 9-17-24)

The following accessory uses are permitted in the mixed-use zones: those accessory uses and structures customarily appurtenant to a permitted use, such as incidental storage facilities.

(Ord. 1131, passed 9-5-23)

TABLE 2: MIXED-USE ZONES DEVELOPMENT STANDARDS

Notes:

1 For housing element sites, please see General Plan Housing element Tables H-33 and H-34 at www.santafesrpings.org., Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20 percent affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division1.&title=7.&part=&chapter=3.&article=10.6.

(Ord. 1131, passed 9-5-23; Ord. No. 1150, passed 9-17-24)

§ 155.175.5 - SETBACKS.

(A)

Street setbacks. Buildings shall be located within five feet of the minimum setback for at least 70 percent of the building frontage along the primary right-of-way and 50 percent along any secondary right-of-way, excluding alleys.

==> picture [300 x 140] intentionally omitted <==

(B)

Landscaping. A minimum percentage of the setback area shall be landscaped with trees, shrubs, and/or groundcover, either in the form of in-ground landscaping or planters, as follows:

(C)

Interior setbacks. Buildings shall be set back a minimum of 15 feet from adjacent residential zoning districts.

(Ord. 1131, passed 9-5-23)

(A)

Streetwall. Street-facing facades shall meet or exceed 25 feet (or two stories in height) for at least 75 percent of building frontage along public rights-of-way, unless the overall building height is lower than two stories.

(1)

Streetwall is defined as any street-facing façade, excluding appurtenances, within five feet of the minimum setback and is not required to be continuous.

==> picture [300 x 159] intentionally omitted <==

• (Ord. 1131, passed 9-5-23)

(A)

Street stepbacks. Street-facing façades greater than four stories shall be stepped back a minimum of ten feet from the minimum setback line. Uses allowed within the stepback depth include balconies, terraces, shade structures, and similar open space features.

==> picture [300 x 177] intentionally omitted <==

(B)

Interior/rear stepbacks. Adjacent to residential zoning districts, buildings shall not be located within a plane sloping upward and inward at a 45-degree angle measured from the vertical, starting 25 feet above the existing grade along the property line. Uses allowed within the stepback include balconies, terraces, shade structures, and similar open space features.

==> picture [300 x 177] intentionally omitted <==

(Ord. 1131, passed 9-5-23)

Fences, hedges and walls shall be permitted in accordance with the following provisions:

(A)

Fences, hedges and walls in the front yard area shall be limited to 3 1/2 feet in height.

(B)

Fences, hedges and walls in street side yard areas shall be limited to 3 1/2 feet in height.

(C)

In all other areas, the height shall be limited to seven feet.

(D)

Fences and walls. Barbed wire, chain-link, and razor wire are prohibited.

(Ord. 1131, passed 9-5-23)

(A)

Building walls. Where mechanical equipment is permitted on a building wall that abuts a public street or civic space, it shall be screened from view from the right-of-way or civic space. Standpipes, meters, vaults, and similar equipment need not be screened but shall not be placed on a front elevation when other feasible alternatives exist; such equipment shall be placed on a side or rear elevation or on a secondary street of a corner lot, where feasible.

(B)

Rooftops. Rooftop mechanical units shall be setback or screened behind a parapet wall so that they are not visible from any public street, civic space or abutting properties.

(C)

Ground-mounted mechanical equipment. Ground-mounted equipment, such as generators, air compressors, trash compactors, and similar equipment, shall be limited to side or rear yards and screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges, trellises, and similar plantings may also be used as screens where there is adequate air circulation and sunlight, and irrigation is provided. The city may require additional setbacks and noise dampening equipment for compatibility with adjacent uses.

(Ord. 1131, passed 9-5-23)

Off-street parking and loading facilities shall be provided in accordance with §§ 155.475 through 155.502 of this chapter except as specified below.

(A)

Off-site parking. To allow flexibility in the location of required parking and to encourage efficient utilization of land, required parking may be located up to 600 feet from the development (as measured along the most direct walking path). Such parking shall be designated, and signage shall be installed indicating that it has been assigned to the remote development. Confirmation of the parking assignment shall be required prior to occupancy of the development.

(B)

Shared parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature, weekday uses versus weekend uses) or that one of the sites has an excess supply of parking. The application shall include a parking study demonstrating that this standard has been met. The right of joint use must be evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. Shared parking requests shall be subject to review and approval through the conditional use permit process.

(C)

Electric vehicle charging stations. Electric vehicle charging stations shall be provided consistent with the standards referenced within Cal. Green Code § 4.106.4. In addition, the following standards shall apply:

(1)

Electric vehicle charging stations shall be provided in any area designed for the parking or loading of vehicles.

(2)

In new parking areas with 20 or more parking spaces, a minimum of one electric vehicle charging station shall be provided for every ten parking spaces.

(D)

Bicycle parking. Bicycle parking shall be provided consistent with the standards referenced within Cal. Green Code § 5.106.4.1. In addition, the following standards shall apply:

(1)

Horizontal storage. Each horizontal bicycle space shall be designed to maintain a minimum of two feet in width and six feet in length, with a minimum of seven feet of vertical clearance.

(2)

Vertical storage. Each vertical or wall-mounted bicycle space shall be designed to maintain a minimum of three feet six inches in length, with three feet between racks and a minimum of seven feet of vertical clearance.

(3)

Aisles. Access to bicycle parking spaces shall be at least five feet in width. Bicycle spaces shall be separated from auto parking spaces or drive aisles by a fence, wall, curb, or at least five feet of open area.

(E)

(1)

Vehicle access.

(2)

Driveways. A maximum of one two-way driveway shall be permitted on sites with less than 200 feet of primary street frontage. A maximum of two two-lane driveways shall be permitted on sites with 200 feet or more of primary street frontage.

(a)

A minimum of one driveway shall be located on a secondary street or alley, where available.

(b)

Driveways and associated curb-cuts shall have a maximum width of 25 feet.

(c)

The minimum distance between driveways on the same lot shall be 50 feet.

(d)

Controlled entrances to parking (e.g., gates) shall be located at least 20 feet from the property line to allow for a queueing vehicle.

(F)

Surface parking.

(1)

Setbacks. Parking shall be set back a minimum of 30 feet from the primary frontage, ten feet from any secondary frontage, and five feet from any adjacent residential zoning district.

(a)

Parking shall be buffered by permitted non-parking uses or a landscaped setback adjacent to the property line, except for vehicle/pedestrian access.

(b)

Landscaped setbacks shall include hedges or shrubs with a minimum height of three feet at the time of planting that form a continuous visual screen to block vehicle headlights.

(2)

Landscaping. A minimum of five percent of the parking area shall be landscaped and permeable, in addition to any landscaped setbacks. This area shall be distributed throughout the parking area.

(3)

Trees. A minimum of one shade tree (minimum 24-inch box tree) for every four vehicle parking spaces shall be planted and evenly distributed throughout the parking area.

(G)

(1)

Structured parking.

(2)

Setbacks. Structured parking shall be set back a minimum of 15 feet from any adjacent residential zoning district.

(a)

Above ground parking shall be buffered by permitted non-parking uses with a minimum depth of 35 feet adjacent to the primary street property line, except for vehicle/pedestrian access.

(b)

Semi-subterranean parking shall not extend beyond the building façade and may not project higher than four feet above sidewalk elevation.

(c)

Parking areas with controlled entrances, including access gates, shall be located at least 20 feet from the property line to allow for a queueing vehicle.

(Ord. 1131, passed 9-5-23)

In addition to § 155.175.10(E) above, access to off-street parking facilities shall be provided in accordance with the provisions of §§ 155.488 through 155.490 of this chapter.

(Ord. 1131, passed 9-5-23)

§ 155.175.12 - SIGNS.

Signs in the Mixed-Use Zones are subject to the sign standards of the C-4 zone in § 155.169. The provisions of §§ 155.515 through 155.536 regarding signs shall also apply.

• (Ord. 1131, passed 9-5-23)

• § 155.175.13 - LANDSCAPING AND OUTDOOR OPEN SPACE.

The following landscaping and outdoor open space provisions shall apply in the Mixed-Use Zones. In addition, the landscaping provisions of §§ 155.545 through 155.559 shall also apply:

(A)

Minimum landscaped area. Where a mixed use adjoins a dedicated street, a minimum area equivalent to ten square feet for each foot of frontage on said street plus five percent of the total parking areas shall be landscaped and maintained. Landscape areas in required setbacks (see § 155.175.5) or in common outdoor open space (see § 155.175.13(D)(3)) may be applied towards meeting the minimum amount of required landscaped area.

(B)

Curbs. Concrete curbs shall be installed along the borders of all on-site landscaped areas where said landscaped areas interface with driveways, off-street parking and loading areas and other similar facilities.

(C)

Open space.

(1)

Minimum open space shall comply with the applicable design standards depending on type of open space. Areas used for parking, loading, or storage shall not be counted towards minimum open space.

(a)

Residential open space. Projects with a residential component shall provide a minimum of 15 percent of the residential gross floor area as a combination of common and private open space.

(b)

Non-residential. Projects with over 40,000 square feet of non-residential gross floor area shall provide a minimum of five percent of the non-residential gross floor area as common open space.

(c)

Projects located within the MU-TOD zone with over 80,000 square feet of gross floor area, shall provide a minimum of two percent of gross floor area as public open space.

(2)

Private open space.

(a)

Access. Private open space shall abut and have direct access to the associated tenant space.

(b)

Amount. A minimum of 30 percent of the required residential open space shall be private open space.

(c)

Dimensions. Private open space shall have a minimum area of 40 square feet and a minimum dimension of five feet in each direction.

(d)

Distribution. All private open space shall be outdoors and may be located within a required setback or stepback.

(D)

Common open space.

(1)

Access. Common open space shall be available to all tenants of the building at no cost.

(2)

Amount. A minimum of 30 percent of the required residential open space shall be common open space.

(3)

Dimensions. Common open space shall have a minimum area of 500 square feet and a minimum dimension of 15 feet in each direction.

(4)

Distribution.

(a)

A minimum of 70 percent of common open space shall be outdoors, and a minimum of 80 percent of outdoor common open space shall be open to the sky.

(b)

A maximum of 30 percent of common open space shall be indoors (i.e., lounges, fitness centers, and similar). Indoor common open space shall not include spaces primarily used for circulation.

(5)

Landscaping. A minimum of 25 percent of common open space shall be planted area with a minimum dimension of 30 inches in each direction, with a soil depth of at least 18 inches.

(6)

Trees. A minimum of one 24-inch box tree per project or for every 500 square feet of outdoor common open space, whichever is greater, shall be planted within the common open space, excluding rooftop decks.

(7)

Hardscape. A maximum of 25 percent of common open space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.

(8)

Water features. A maximum of five percent of common open space shall be decorative water features, such as fountains or reflecting pools.

(E)

Public open space.

(1)

Access. Public open space shall be accessible to the general public at no cost.

(2)

Amount. A maximum of 20 percent of the public open space may be used as outdoor dining for a restaurant, subject to approval by the Director of Planning and Development or designee.

(3)

Dimensions. Public open space shall have a minimum area of 400 square feet and a minimum dimension of 20 feet in each direction.

(4)

Distribution. Public open space shall be outdoors, and a minimum of 80 percent of the public open space shall be open to the sky.

(5)

Elevation. The first 3,000 square feet of public open space shall be at sidewalk elevation.

(6)

Signage. Public open space shall have signage visible from the adjacent sidewalk identifying the space as a publicly-accessible amenity and identify opening hours.

(7)

Landscaping. A minimum of 25 percent of public open space shall be planted area with a minimum dimension of 30 inches in length, width, and depth.

(8)

Trees. A minimum of one 24-inch box tree for every 500 square feet of public open space shall be planted within the common open space area. At least 50 percent shall be shade trees.

(9)

Hardscape. A maximum of 25 percent of public open space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.

(10)

Seating. A minimum of one seat per 250 square feet of public open space shall be provided. Benches shall be calculated as one seat per 24 linear inches.

(11)

Water features. A maximum of five percent of public open space shall be decorative water features, such as fountains or reflecting pools.

(Ord. 1131, passed 9-5-23)

§ 155.175.14 - FRONTAGES.

(A)

Ground floor.

(1)

Floor height. Ground floor commercial, non-residential, and residential common spaces shall have a minimum height of 12 feet, measured from finished floor to finished ceiling. Ground floor residential units shall have a minimum height of eight feet, measured from finished floor to finished ceiling.

(2)

Elevation.

(a)

The ground floor for commercial shall be located within two feet above or below sidewalk elevation. Primary entrances shall be located at sidewalk elevation.

(b)

The ground floor for residential shall have a finished floor within two feet to four feet above the nearest sidewalk elevation. On sloping sites, up to 25 percent of units may have finished floors up to six feet above the nearest sidewalk elevation.

(3)

Entrances. Street-facing façades shall provide a minimum of one entrance per 100 feet of frontage that opens directly onto the sidewalk or another public open space.

(a)

Entrances shall be set back at least 30 inches from the façade or public right-of-way.

(b)

Primary entrances shall be distinguished by at least one of the following:

1.

Awning/canopy;

2.

Overhang/recessed entry;

3.

Porch/portico;

4.

Trellis;

5.

Architectural element that creates a well-defined entrance.

(4)

Transparency. Street-facing façades shall incorporate glazing for a certain percentage of the building frontage between two and ten feet in height from sidewalk elevation. Windows shall provide views into

display, lobby, sales, work, or similar active areas.

(a)

For non-residential and residential common space uses, at least 60 percent of the frontage shall be transparent.

(b)

For ground floor residential units, at least 15 percent of the frontage shall be transparent.

(5)

Blank walls. Windowless expanses of walls on the ground floor shall not exceed 20 feet in length. Blank walls over ten feet in length shall be enhanced by one of the following:

(a)

Pattern, motif, etching, or similar decoration;

(b)

Landscaping that covers at least 50 percent of the wall area;

(c)

Trellis or similar projection;

(d)

Public art approved by review authority.

(6)

Shading. Shade structures shall allow a minimum vertical clearance of eight feet above sidewalk elevation. Shade structures shall not conflict with existing street trees.

(7)

Security devices. Any security devices (i.e., roll-up doors) shall be designed to be fully concealed and hidden from view during business hours.

(B)

Façades.

(1)

Composition. Street-facing façades shall include at least three of the following:

(a)

Pattern of modulation or fenestration;

(b)

Datum lines along the length of the building (e.g., cornice) at least four inches in depth;

(c)

Repeated projections (e.g., architectural detail, shading) at least four inches in depth;

(d)

Balconies over 20 percent of the elevation;

(e)

Screening (e.g., lattices, louvers).

(2)

Transparency. Street-facing façades shall incorporate glazing for at least 30 percent of the façade, including ground floor transparency.

(3)

Windows. Windows shall be recessed at least two inches from the face of the façade.

(a)

Windows shall have a visible transmittance (VT) of 0.5 or higher. Mirrored, tinted or highly reflective glazing is prohibited.

(b)

Vinyl windows are prohibited.

(4)

(a)

Materials. A minimum of two materials shall be used on any building façade, in addition to glazing, railings, and trim, and shall correspond to variations in building plane.

(b)

A primary material shall cover at least 40 percent of any building façade, excluding windows.

(5)

Color. No more than four colors shall be applied to the building façade (one primary color and up to three trim colors), excluding art (e.g., a mural).

(6)

(a)

Balconies. Balconies shall project a maximum of four feet from the building façade and shall not be located within six feet of any interior property line.

(b)

Side-loaded townhomes shall incorporate at least one front-facing balcony.

(7)

(a)

Roof decks. Roof decks located within 25 feet of a residential zoning district shall be set back a minimum of five feet from the building edge.

(b)

The sum of all roof decks on a single building shall not exceed 60 percent of the roof area to allow for mechanical equipment including solar panels.

(8)

Lighting. All structures, entrances, parking areas, common open spaces, and pedestrian pathways shall be lit from dusk to dawn.

(a)

Lighting shall be located to illuminate only the intended area, and a minimum of 90 percent of lighting shall be directed downward.

(b)

Lighting shall not extend beyond an interior property line, and light sources shall not be visible from adjacent properties.

(9)

Rooftop equipment, excluding solar photovoltaic, shall be screened from public view.

(C)

Window requirements. Window area or "glazing" requirements ensure that building façades will be composed of windows that provide views of activity, people, and merchandise, creating an interesting pedestrian experience.

(D)

Minimum window area required for nonresidential buildings.

(1)

Building façades facing a street must have windows, display areas, or glass doorways for at least 40 percent of the area of the ground level wall area.

(2)

Building façades facing a primary street must have windows, display areas, or glass doorways for at least 60 percent of the area of the ground level wall area.

(3)

The ground level wall area is the wall area above two feet and below ten feet, as measured from the finished grade (see Figure 1 below).

(4)

The window and door openings counting toward meeting this transparency requirement shall consist of glass that is relatively clear and non-reflective, with a minimum visible light transmittance of 0.65 and maximum visible light reflectance of 0.20.

==> picture [300 x 146] intentionally omitted <==

(E)

Minimum window area required for residential buildings. Building façades that face a primary street frontage must have windows or glass doorways for at least 15 percent of the area of the entire façade (all floors).

(Ord. 1131, passed 9-5-23)

The façade articulation standards in § 155.175.15(A) provide a clear and objective approach to ensure that residential building façades have variation and depth in the plane of the building in order to create a more interesting and welcoming environment to pedestrians. The additional discretionary standards in § 155.175.15(B) apply to nonresidential buildings. The screening standard in § 155.175.9 ensures that mechanical equipment is screened or otherwise minimized so that it does not detract from the pedestrian environment.

(A)

The façades of residential buildings or the residential component of mixed-use buildings which are visible from a primary street frontage shall meet the following standards. The design shall incorporate design features such as varying rooflines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, or similar elements that break up otherwise long, uninterrupted elevations. Such elements shall occur at a minimum interval of 20 feet, and each floor shall contain at least two elements from the following options:

(1)

Recess (e.g., porch, courtyard, entrance balcony, or similar feature) that has a minimum depth of four feet;

(2)

Extension (e.g., floor area, porch, entrance, balcony, overhang, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; or

(3)

Offsets or breaks in roof elevation of two feet or greater in height.

==> picture [300 x 128] intentionally omitted <==

(B)

The façades of nonresidential buildings or the nonresidential component of mixed-use buildings which are visible from a primary street frontage shall meet the following requirements.

(1)

All buildings must be constructed of durable, maintenance-free materials.

(2)

Various building materials and colors shall be used to create visual interest.

(3)

Architectural treatments shall include variations of mass, height, materials, colors, and textures to maintain a visually appealing appearance.

(4)

Various types of building cladding shall be used to produce different texture, shade, and shadow effects.

(5)

All buildings shall feature a dominant (main) color on all elevations. Light colors in the white, cream and tan ranges are preferred.

(6)

Buildings may use up to three contrasting colors that complement the building's dominant color. Use of more than three contrasting colors is subject to approval by the Director of Planning and Development. Contrasting materials, textures, and colors shall be used to add emphasis to building entrances and to articulate long expanses of building walls.

(7)

Long, unarticulated facades are prohibited, and walls shall not run for more than 25 feet in one continuous plane without significant enhancements. Enhancement features include entry augmentations, horizontal offsets, change in roofline, unique corner treatment, reveal lines, building offsets, facade pop-outs, off-set bricks, window frames, glass treatments and changes in materials (tile or masonry materials), colors, texture, and finishing. Public art, murals (which does not include signage and advertisements, and which has been approved by the Heritage Arts Advisory Committee), and rich landscaping are also an acceptable option to enhance building facades. Windows and doors are key elements of any structure's form and shall relate to the scale of the elevation on which they appear. Recessed openings help to provide depth and contrast on elevation planes.

(C)

Varied roof lines. Buildings may exceed the height limit by up to 14 feet for a maximum of 30 percent of a building's footprint where 30 percent of the building footprint is lower than the height limit by the same amount. This allowance is not applicable within interior/rear stepbacks and may not be used in conjunction with a concession for building height through density bonus.

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(D)

Modulation.

(1)

Façade modulation. Façades shall be modulated with at least three of the following elements:

(a)

Balconies recessed at least two feet in depth;

(b)

Vertical pilasters three inches in depth reflecting building structure or architectural style;

(c)

Horizontal bands, trims, or reveals three inches in depth along multiple levels;

(d)

A change in material or texture (excluding windows, doors and railings).

(2)

Façade length. Street-facing façades of 150 feet or longer shall include a minimum break of ten percent of the façade length or 20 feet in width, at least ten feet deep and open to the sky.

(3)

Corner treatments. Corner-facing facades of 75 feet or longer shall incorporate at least two of the following elements within 50 feet of the building corner along the primary frontage:

(a)

A building entrance;

(b)

A change in height of at least four feet for an area ten feet by ten feet minimum;

(c)

A change in façade plane on upper stories of at least two feet in depth;

(d)

A change of façade material or texture (excluding windows, doors and railings);

(e)

A public open space or outdoor dining.

(Ord. 1131, passed 9-5-23)

(A)

Sidewalks and other pedestrian improvements. All sidewalk construction shall be designed and constructed to meet standard city specifications as approved by the city. On primary street frontages, the Director of Planning and Development may condition development approvals on construction of wider sidewalks, pedestrian streetscape furniture, pedestrian-scale lighting, safety enhancements (e.g., bollards) and textured paving surfaces.

(B)

Street trees. Street trees are required on street frontages. Street trees shall be selected, planted and maintained in accordance with city specifications for street trees. On primary street frontages, if street trees are planted within tree wells, the Director of Planning and Development may condition development approvals on such wells having city-approved metal grates.

(Ord. 1131, passed 9-5-23)