Chapter 17.48 — DEVELOPMENT STANDARDS

On through lots one hundred fifty feet or less in depth, the height of a building on such lot may be measured from the sidewalk level of the street on which the building fronts. On through lots of more than one hundred fifty feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred fifty feet from that street.

(Prior code § 9750)

17.48.020 - Height of penthouses and roof structures.

A.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, roof signs, flagpoles, smokestacks, and similar structures may be erected above the height limits prescribed by this chapter, but no penthouse or roof structure or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space. The height of antennae is governed by Chapter 17.93 of this code.

B.

Chimneys may be erected above the height limits prescribed by this title, but in no event shall a chimney be allowed to exceed a height of six feet from the point where it penetrates the roof.

(Ord. 1247 § 5, 2006: prior code § 9751)

(Ord. No. 1375, § 4, 2-9-16)

Except as provided in this chapter every required front, side and rear yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building or buildings for the purpose of complying with the provisions of this chapter as it pertains to any given lot shall be considered as providing a yard or open space on any adjoining property.

(Prior code § 9752)

17.48.040 - Modification of side yard requirements—Combined lots.

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site, and the side yard as required by this chapter shall then not apply to such common boundary line.

(Prior code § 9753)

Where two or more buildings are, by definition of this chapter, considered main buildings, then the front yard requirement shall apply only to the building closest to the front lot line and the rear yard requirements shall apply only to the building closest to the rear lot line, and there shall be a distance between such main buildings equal to twice the required width of the side yard on such lot.

(Prior code § 9754)

A building or structure shall not be erected or maintained on a lot which abuts a highway having only a portion of its required width dedicated, or where no part of such dedication would normally revert to the lot if the highway were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width, plus the width or depth of the yards required on the lot by this chapter, if any. This section applies to all zones and whether or not yards are required.

This section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than forty feet.

(Prior code § 9755)

Front yard requirements shall be measured from the front property line or the indicated edge of a public or private street for which a precise plan exists or from the edge of any setback established by a setback ordinance, whichever is the greatest distance from the centerline of the street.

(Prior code § 9756)

Editor's note— Section 8 of Ord. No. 1375, adopted Feb. 9, 2016, repealed former § 17.48.080 which pertained to modified front yard on cul-de-sac, and derived from prior code § 9757.

Notwithstanding the modified required front yard around a cul-de-sac, the depth of the standard required front yard shall continue to be used in determining the required width of a lot on a cul-de-sac.

(Prior code § 9758)

Where there is not a clear ability to determine the orientation of the required yards, the planning commission may determine the front, sides and rear yards of property as necessary. Based upon the determination by the planning commission of the orientation of the required yards of a property, the provisions of this title shall apply.

(Ord. 1177 § 3 (part), 2000)

All corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area; one angle of which shall be formed by the front and street side edge of roadway, and the sides of such triangle forming the corner angle shall be fifteen feet in length measured from the aforementioned angle. The side of the triangle shall be a straight line connecting the last two mentioned points which are distant fifteen feet from the intersection to the front and side lines, and within the area comprising the triangle, no tree, wall, fence, hedge or shrub or other physical obstruction higher than forty-two inches above the established grade shall be permitted as follows:

A.

Corner lots, which as of May 30, 1990, comply with such rule, as set forth above, no violations of such rule shall be permitted.

B.

Corner lots, which as of May 30, 1990, are not in compliance, shall be subject to a noticed public hearing to determine whether (based upon a study, evaluation, and a finding by the chief of police) a traffic and safety problem exists with regard thereto.

C.

If the city council determines pursuant to subsection B of this section, that such corner lot constitutes a hazard with regard to such corner sight obstructions with regard to the configuration, physical conditions, hazard, pedestrians, obstructed vision, speed or other reasons, that the city council may order the removal in whole or in part of such obstructions, fences, walls, berms, or vegetation down to street level in order to remove the hazard.

D.

Any violation of this section or order of the city council shall be deemed a misdemeanor.

(Ord. 1067 § 1, 1990: prior code § 9759)

Front yard and side yard requirements shall not be applicable to dwellings and apartments erected above stores.

(Prior code § 9760)

A.

Cornices, Eaves, Etc. Cornices, eaves, belt courses, sills and other similar architectural features may extend or project into a required side yard; provided, that in no case may such encroachment be located closer than three feet to any property line, nor nearer to finish ground level than seven feet.

B.

Fireplaces. A fireplace structure, not wider than eight feet measured parallel to the side lot line upon which it faces and which is incorporated as a part of the side of the main building, may project into the required side yard a distance of eighteen inches, provided such projection does not reduce the remaining side yard to less than three feet.

C.

Fire Escapes. A fire escape may extend or project into any front or side yard not more than four feet.

D.

Stairways and Balconies. An open, unenclosed stairway or balcony not covered by a roof or canopy may extend or project into a required front yard not more than thirty inches.

E.

Uncovered Porches and Platforms. An uncovered porch, platform or landing place which does not extend more than six inches above finish grade or above the level of the first floor of the building, whichever is lesser, may extend or project into any required front or side yard not more than six feet, provided such projection in a side yard shall not reduce to less than three feet the unobstructed pedestrian way or sidewalk on ground level.

F.

Guard Railings. Guard railings for safety projection around depressed ramps, open work fences, hedges, or landscape architectural features not more than forty-two inches in height may be located in any front or side yard.

G.

The director may grant minor variances allowing wing walls and porte cocheres to project into a required side yard to within three feet of the property line.

H.

A covered porch (with or without supports and nonhabitable) may encroach six feet into the front yard setback, but may be no closer than ten feet to the property line.

I.

A single-story garage measuring less than six hundred square feet, no more than fifteen feet in height from slab to the top of the ridge, considered as a group M occupancy, may be constructed within three feet of

the side lot line and within three feet of the rear lot line.

(Ord. 1115 § 15, 1995; Ord. 1084 § 1 (part), 1992; Ord. 1076 § 1, 1992; prior code § 9761)

(Ord. No. 1466, § 76, 3-28-23)

The following standards shall apply to all walls and fences in the R-1, R-2 and R-3 zones:

A.

Front Yards. Walls and fences within the required front yard setback, as set forth in Sections 17.20.050, 17.24.050 and 17.28.100, shall not exceed a maximum height of forty-two inches.

B.

Interior Side and Rear Yards. Walls and fences not in excess of six feet in height are permitted on, or adjacent to, the interior side or rear property lines. The walls and fences shall be reduced to forty-two inches within the required front yard pursuant to the provisions of Section 17.48.130(A).

C.

Reverse Corner Lots. A wall or fence not in excess of six feet in height is permitted on, or adjacent to, the secondary street frontage property line except as follows:

1.

Primary Front Yard. The wall or fence shall be reduced to forty-two inches within the primary front yard, as required in Section 17.48.130(A).

2.

Adjacent to a Driveway. Where a driveway is located adjacent to the rear property line of the "reverse corner" property, the wall or fence shall be subject to the provisions of Section 17.48.100. For the purposes of this subsection, a driveway shall be determined to be "adjacent" to the rear property line of the "reverse corner" property if the edge of the portion of the adjoining driveway is within five feet of the property line of the "reverse corner" lot.

D.

Through Lots. Walls and fences a maximum six foot in height may be permitted within twenty-five feet of the secondary frontage property line, with the approval of a conditional use permit pursuant to the provisions of Chapter 17.60.

E.

Retaining Walls. The following provisions shall apply:

1.

Retaining a Cut. Where a retaining wall protects a cut below the natural grade and is located on the line separating lots, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed.

2.

Retaining a Fill. Where a retaining wall contains a fill, the height of a protective open work fence or wall of not more than forty-two inches in height may be erected at the top of the retaining wall. For the purposes of this chapter, an open work fence means a fence in which the component solid portions are evenly distributed and constitute not more than sixty percent of the total surface area of the face of the fence. Examples of an open work fence include, but are not limited to, tubular steel, wrought iron and wooden pickets.

3.

Determination of a Cut or Fill. Where a retaining wall exists and no reasonable determination can be made that the subject retaining wall is retaining a cut or a fill, the maximum height of the wall or fence that may be placed on top of the subject existing retaining wall shall be determined by establishing the midpoint of the difference between the elevation of the two adjoining properties, and measuring upward. Regardless of the

re a retaining wall exists and no reasonable determination can be made that the subject retaining wall is retaining a cut or a fill, the maximum height of the wall or fence that may be placed on top of the subject existing retaining wall shall be determined by establishing the midpoint of the difference between the elevation of the two adjoining properties, and measuring upward. Regardless of the

height of the existing retaining wall, an open work fence or wall of not greater than forty-two inches, as defined in subsection (E)(2) of this section, shall be permitted to be placed on top of the existing retaining wall.

F.

Minor Conditional Use Permit. The following fencing materials, features and designs shall require the approval of the director of a minor conditional use permit, pursuant to the provisions of Section 17.60.055.

1.

Barbed Wire. Fencing which includes barbed wire, razor wire or similar material.

G.

Decorative Features and Landscaping.

1.

Decorative features and items, such as entrance arbors, decorative yard lights and similar items greater than forty-two inches in height, but less than ten feet in height, within the required front yard setback are permitted, except as provided in Section 17.48.100.

2.

Landscaping, vegetation, trees and similar organically grown material shall not be subject to the height provisions contained in this chapter, except as provided in Section 17.48.100.

H.

Prohibited Fencing. Spiked fencing shall be prohibited in all zones. Points, spikes and sharp edges shall mean any end of a vertical bar that is capable of causing, or are likely to cause, injury to persons, pets or undomesticated animals. Barbed wire fencing shall be prohibited in all residential zoned property.

Exceptions. For the purposes of this chapter, a wooden picket fence shall not be considered a spiked fence.

(Ord. 1197 §§ 1 and 2, 2002; Ord. 1177 § 3 (part), 2000: prior code § 9762)

(Ord. No. 1455, § 5(Exh. D), 5-24-22; Ord. No. 1466, § 77, 3-28-23)

17.48.140 - Increase of side yard where rear of dwellings abut side yard.

Where two-family dwellings or multiple family dwellings, group houses, court apartments or row dwellings are arranged so that the rear of such dwellings abut upon the side yards, and such dwellings have openings onto such side yards used as a means of access to the dwellings, the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having an entrance or exit opening into or served by such yard, provided such increase need not exceed five feet. Open, unenclosed porches not extending above the level of the first floor may project into the required width of such side yard, provided such porches shall not reduce to less than three feet the unobstructed pedestrian way or sidewalk at the ground level.

(Prior code § 9763)

17.48.150 - Increase of side yard where multiple or row dwellings front upon a side yard.

The minimum width of the side yard upon which dwellings front shall be not less than one and one-half times the width of the side yard to the rear of such dwellings. Open, unenclosed porches not extending above the level of the first floor may project into the side yard upon which such dwellings front a distance of not more than twenty percent of the width of such side yard.

(Prior code § 9764)

Any building which is the only building on a lot or building site is a main building unless authorized by variance.

(Prior code § 9765)

Through lots one hundred eighty feet or more in depth may be improved as two separate lots, with the dividing line midway between the street frontages, and each resulting one-half shall be subject to the control applying to the street upon which such one-half faces. If the division results in parcels having less than the minimum lot area required in this chapter, then no division may be made. If the whole of any through lot is improved as one building site, the main building shall conform to the zone classification of the

frontage upon which such main building faces and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street.

(Prior code § 9766)

No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the regulations established by this chapter.

(Prior code § 9767)

Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a precise plan, in the manner prescribed by law, designating the location and size of such greater required areas.

(Prior code § 9768)

When a lot has less than the minimum required area of width as set forth in any of the zones contained herein, or in a precise plan, and was of record on October 1, 1955, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precise plan. The area per dwelling unit shall, however, remain as specified in each zone, except that such substandard lot shall qualify for one single-family residence, in any event.

(Prior code § 9769)

When any lot in any zone contains a greater area than the required minimum area of the zone in which it is contained, then each unit of the required minimum area contained in such lot may be utilized as a separate lot; provided, that any division does not create more than four lots and that each such lot thus created complies with the provisions of the subdivision title governing split lots.

(Prior code § 9770)

The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the state of California, within rights-of-way easements, franchises or ownerships of such public utilities.

(Ord. 1084 § 1 (part), 1992; prior code § 9771)

One temporary real estate office and one temporary real estate billboard containing not more than one hundred twenty square feet in area may be located on any new subdivision in any zone; provided, that such office and billboard, if in any R zone, shall be removed at the end of two years from the date of recording of the map of the subdivision upon which said office and billboard are located.

(Ord. 1084 § 1 (part), 1992; prior code § 9772)

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.

(Ord. 1084 § 1 (part), 1992; prior code § 9773)

17.48.250 - Storage of trailers.

The storage of one trailer on any lot of record is permissive provided such trailer is not used for living or sleeping purposes while on the premises, is not connected to any sewer or water facility and is not located in any required front or side yard.

(Ord. 1084 § 1 (part), 1992; prior code § 9774)

Chapter 17.52 - H HILLSIDE MANAGEMENT ZONE[[11]]

Sections:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 1294, § 1, readopted and ratified Ordinance No. 1256, adopted in 2006.

17.52.010 - Purpose.

The purposes of this chapter are to:

A.

Protect the natural environment of hillside areas from change by preserving and protecting the views to and from hillside areas in the city to maintain the identity, image and environmental quality of the city;

B.

Maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns;

C.

Facilitate hillside preservation through the development standards and guidelines set forth in this chapter; to direct and encourage development that is sensitive to the unique characteristics of the hillside areas in the city, which include, but are not limited to, slopes, land forms, vegetation and scenic quality; accordingly, innovation in the design of buildings and structures is encouraged so long as the result preserves hillside areas and is consistent with this chapter and with the General Plan;

D.

Ensure that development in the hillside areas is located so as to result in the least environmental impact;

E.

Ensure that all hillside development is designed to fit the existing land form;

F.

Preserve significant natural features of hillside areas, including swales, canyons, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features; therefore, a major design criterion for all hillside development shall be the minimization of impacts on such natural features;

G.

Provide safe ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimal disturbance of natural features;

H.

Correlate intensity of development to steepness of terrain to minimize grading, removal of natural vegetation; and to prevent the creation of land instability or fire hazards;

I.

Provide, in hillside areas, alternative approaches to conventional flat-land development practices by achieving land use patterns and intensities that are consistent with the natural features of hillside areas;

J.

Encourage the planning, design, development and use of home sites which:

1.

Eliminate fire hazards,

2.

Prevent exposure to geological hazards,

3.

Provide adequate drainage controls, preventing erosion and siltation,

Use proper construction materials,

5.

Make best use of natural terrain,

K.

Prohibit development that will cause hazards to the public peace, health, welfare, and safety.

(Ord. 1994, § 1(Exh. A), 6-23-09)

Should any conflict or ambiguity arise in the application to an R-H-zoned lot of any two or more provisions of this title, the more restrictive application or interpretation shall apply.

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.030 - Creation of hillside management zone.

There is hereby created the hillside management residential zone. The designation on the city's official zoning map for the hillside management residential zone shall be "R-H."

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.040 - Applicability.

A.

The provisions of this chapter shall apply to the use and development of all of R-H-zoned lots in the city.

B.

All buildings, structures and uses located on any R-H-zoned lot shall comply with all of the provisions of this title, including, but not limited to, the provisions of this chapter, except as provided in Chapter 17.56 ("Nonconforming uses").

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.050 - Permit requirements.

A.

This chapter establishes two types of permits for development in the R-H zones - administrative hillside development permits and hillside development permits.

B.

No person shall grade, erect, or construct into, over, or on top of property within an R-H-zone without first obtaining an administrative hillside development permit or a hillside development permit in compliance with this chapter.

C.

No person shall subdivide, whether by tract map, or parcel map, property within the R-H-zone without first obtaining a hillside development permit in compliance with this chapter.

(Ord. 1994, § 1(Exh. A), 6-23-09)

The following actions and activities in the R-H zone shall be exempt from the requirement of an

administrative hillside development permit or a hillside development permit, provided that the actions and activities in the R-H zone comply with the development standards of this chapter:

A.

Minimal grading that does not require a grading permit under Title 15 (Buildings and Construction) of this code and does not alter the natural drainage or grade of a site.

B.

Construction that does not require a building permit under Title 15 (Buildings and Construction) of this code, whether or not a mechanical, electrical or plumbing permit is required.

C.

Interior remodels, including any remodel that does not add square footage (whether or not offset by other reductions in square footage) and does not alter the exterior appearance of a structure.

D.

Re-roofing of any structure, using the same color and type of materials as existing.

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.070 - Land use regulations.

A.

Allowed Uses in the R-H Zone. No discretionary permit is required by this chapter for the following uses of land in the R-H zone, which uses shall be allowed by right except as otherwise required by this code:

1.

Home occupations.

Garage sales.

3.

Transitional and supportive housing.

B.

Uses in the R-H Zone Requiring an Administrative Hillside Development Permit. The following uses of land shall be allowed subject to the granting of an administrative hillside development permit in compliance with this chapter. All uses not specified in this subsection B. or in subsection A. above shall require a hillside development permit.

1.

Grading not exempted from permit requirements by Section 17.52.060 of less than fifty cubic yards that either disturbs less than five thousand square feet of the surface area of the lot or is necessary for fire hazard mitigation, as determined by the fire marshal, provided that grading complies with all of the requirements of this chapter.

2.

Any remodels of, or additions to, existing, legal, primary structures, which:

a.

Result in an increase in gross floor area of fifty percent or less of the original structure, up to a maximum of four thousand square feet; and

b.

Are consistent in character with the original structure and compatible in scale, proportion and character with neighboring properties.

c.

Will not unreasonably interfere with the use, possession and enjoyment of neighboring properties.

3.

Accessory structures:

a.

Swimming pools, hot tubs, spas, pool/spa equipment and/or similar recreational facilities not governed by Section (C)(7) or (C)(8) of this section.

b.

Communication devices intended for noncommercial use and enjoyment by the resident of the property on which the device is located, such as, amateur ham radio and similar devices, provided such devices

comply with Section 17.20.060(E)(1);

c.

Miscellaneous structures and uses, such as trash enclosures, barbecues, garages, tool sheds and similar uses, measuring less than six hundred square feet.

4.

Infill Development: New construction or remodels where:

a.

The proposed structure(s) are not visible from any of the viewpoints identified in 17.52.120(A)(10) that are more than five hundred feet from the structure(s) and the total area of all proposed structures on the lot is less than four thousand square feet;

b.

At least eighty percent of the building pad is located in Slope Categories 1 and 2;

c.

No portion of the building pad is located in Slope Category 4; and

d.

All lots contiguous to the site have already been developed with a residence or other primary structure.

5.

Modular and manufactured homes as a type of dwelling unit, one per dwelling unit.

6.

Family daycare homes, one per dwelling unit.

C.

Uses in the R-H Zone Requiring a Hillside Development Permit. The following uses of land shall be allowed subject to the granting of a hillside development permit in compliance with this chapter:

1.

Any primary or accessory use permitted in the R-1 one-family residential zone (as set forth in Sections 17.20.020 and 17.60.030).

2.

Construction of a detached single-family dwelling unit on an existing legal lot;

Land divisions, whether by parcel map, tract map, or otherwise;

4.

Grading not governed by Sections 17.52.060(A) or (B)(1) of this code;

5.

Remodels of, or additions onto, existing, legal, primary structures not governed by section (B) of this section;

6.

An accessory structure or any combination of accessory structures, not governed by Section 17.52.070(B);

7.

Swimming pools, hot tubs, spas, pool/spa equipment and/or similar recreational facilities located within twenty-five feet from a public or private street or alley and visible to or from any public or private street or alley;

8.

Tennis courts, basketball courts, and similar sports courts and associated lighting, subject to the issuance of grading permit and building permits if and as required by Title 15 (Buildings and Construction) of this code;

9.

Stables, corrals, and similar facilities for the noncommercial keeping of animals other than livestock that it is lawful to keep in residential zones of the city under the other applicable provisions of this code.

D.

Uses Prohibited in the R-H Zone. No person shall use, or permit the use of, any R-H-zoned lot for:

1.

Breeding, raising, keeping or maintaining livestock; or

2.

Any use not governed by paragraphs A, B, or C of this section.

(Ord. 1994, § 1(Exh. A), 6-23-09; Ord. No. 1352, § 9, 2-11-14; Ord. No. 1441, §§ 2—4(Exh. B), 5-11-21)

In addition to the definitions contained elsewhere in this title, the words and phrases set forth below shall be given the following meanings for the purposes of this chapter unless the context clearly requires otherwise:

"Bedroom." For those properties which are nonconforming with regard to the on-site parking space requirements of this chapter, the addition of a bedroom(s) will require that the property conforms to such parking requirements, pursuant to the following definition of bedroom:

The following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one family or recreation room, one dining room, and bathrooms.

"Building envelope" means the space enclosed by the exterior walls and roof of a building.

"Contour" means a line drawn on a plan which connects all points of equal elevation.

"Contour grading" means a grading technique designed to result in earth forms which resemble natural terrain. Horizontal and vertical curve variations are often used for slope banks. Contour grading does not necessarily minimize the amount of cut and fill.

"Cut" means earth material removed by artificial means, such as excavation or any other form of human activity or the act of removing such material.

"Existing" means the condition of a site when a development application for that site is submitted. "Existing grade" means the grade of a site when a development application for that site is submitted.

"Fill" means earth material placed by artificial means, such as truck import or any other form of human activity, or the act of placing such material.

"Finish grade" means the final elevation of ground surface after development consistent with an approved grading plan.

"Fuel modification/brush clearance program" means a plan required by Section 17.52.170(A)(6) as approved by the reviewing authority.

"General plan" means the General Plan of the City of Sierra Madre as adopted and amended through the date on which reference to the General Plan is made.

"Grading" means excavating, filling, or smoothing earth.

"Green building standards" means the building standards of the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Rating System Version 2.0, any successor to those standards, or other standards with similar purposes approved by the director.

"Gross floor area" means the sum of the horizontal, above-grade areas (regardless of use) of floors of buildings and structures measured from the exterior face of exterior walls. Gross floor area includes, without limitation, habitable space, non-habitable space, storage areas, and covered parking areas. Gross floor area does not include basements or other subterranean spaces. If a space is partially subterranean, only that portion which, from floor to ceiling, is below grade shall be excepted from gross floor area. If the reviewing authority finds that to do so would advance the purposes stated in Section 17.52.010, it may exclude from gross floor area the space within exterior walls which are unusually thick, such as hay bale, adobe, insulated concrete form, and other wall systems consistent with green building standards.

"Hillside view line" means those lines shown as such on the Sierra Madre Hillside Management District Map.

"Hillside zone" or "R-H zone" means that zone classification created by Section 17.52.030.

"Land division" means the creation of two or more lots or parcels of land for separate sale, lease, financing, or use for which an approval, other than a lot line adjustment, is required by Title 16 of this code (Subdivisions).

"Natural" means the condition of land prior to human alteration, determined on the basis of the oldest reliable evidence available to the reviewing authority at the time of its decision, including topographic maps and aerial photographs. Thus, for example, "natural slope" means the slope of a lot or portion thereof which is not manufactured or manmade.

"Original structure" means, for purposes of rules stated in this chapter regarding remodels and additions, the structure as it existed before one or more proposed remodels or additions approved or constructed in a twenty-four-month period.

"Pad" or "building pad" means an area on a lot upon which a building or structure may be placed.

"Prominent ridge" means a ridge so designated on the Sierra Madre Hillside Management District Map.

"Protected tree" has the meaning specified in Section 12.20.020 of this code.

"Purposes of this chapter" shall mean the purposes specified in Section 17.52.010 of this chapter.

"Reviewing authority" means the director, planning commission or city council when making a decision this chapter delegates to him, her or it.

"Sierra Madre Hillside Management District Map" means the Sierra Madre Hillside Management District Map (Map A) as adopted by Ordinance No. 1294 and as amended from time to time

"Slope" means an inclined ground surface of a lot, or portion of a lot, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance or change in elevation (rise). The percentage of any given slope is determined by dividing the rise by the run multiplied by one hundred.

"Slope, man-made" shall mean a graded area consisting wholly or partially of either cut or filled material.

"Slope category" means one of the slope categories defined in Section 17.52.110.

"Suitability analysis" means a graphical drawing or model that depicts all environmental constraints that affect a project site to aid identification of areas where development is or is not appropriate which drawing or model is required by Section 17.52.100(A)(5) or (B)(8).

"Unit" means a residential dwelling unit.

(Ord. 1994, § 1(Exh. A), 6-23-09; Ord. No. 1354, § 4, 6-10-14)

17.52.090 - Permit application filing and review procedures.

A.

Application Filing. An application for an administrative hillside development permit or a hillside development permit shall be submitted to the planning and community preservation department on forms supplied by the department. To be deemed complete and accepted for filing, an application shall be accompanied by the information and materials set forth in Section 17.52.100 (Permit application contents).

B.

Concurrent Applications. An application for an administrative hillside development permit or a hillside development permit may be processed and approved concurrently with any other development permits required by this title and any other applicable provision of this code.

C.

Voluntary Pre-Application Review Process.

1.

Prior to submitting an application for an administrative hillside development permit or a hillside development permit, an applicant may voluntarily meet with the director to review the requirements of this chapter.

2.

The purpose of a pre-application meeting is to review the requirements of this chapter; to identify and review available information regarding physical conditions affecting the subject property; to respond to the applicant's questions, and to present and review general plan and other city plans, ordinances, policies, and standards affecting use and development of the property.

3.

The pre-application meeting shall not constitute a comprehensive hillside development permit application review and shall not commence any timeline under any law, statute, or ordinance. City comments are to provide direction to facilitate review and processing of an administrative hillside development permit or hillside development permit application and shall not confer any right or entitlement on any person.

D.

Reviewing Authority. Except as otherwise provided by this chapter, the reviewing authority for an administrative hillside development permit application shall be the director. The reviewing authority for a hillside development permit application shall be the planning commission. The reviewing authority shall approve, conditionally approve, or deny an application for a hillside development permit in writing.

E.

Notice and Review Procedure.

Administrative Hillside Development Permit. An administrative hillside development permit shall be processed in compliance with the requirements for a minor conditional use permit set forth in Chapter 17.60 of this title. The director may refer any application for an administrative hillside development permit to the planning commission if the director determines at the director's sole discretion that the proposed development has the potential to result in significant environmental impacts or alteration of the natural terrain. In the event the director refers an application to the planning commission, the planning commission shall follow the requirements for a conditional use permit set forth in Chapter 17.60 of this title.

2.

Hillside Development Permit. A hillside development permit shall be processed in compliance with the requirements established for a conditional use permit set forth in Chapter 17.60 of this title. In addition to all other hearing notices related to an application for a conditional use permit, at least ten days' notice by first class mail shall be given to the record owners of all real property located within one thousand feet of the boundaries of the property for which a hillside development permit is sought.

3.

Findings Required. In approving an administrative hillside development permit or a hillside development permit, the reviewing authority shall make all of the following findings:

a.

The proposed development is consistent with and serves to implement the general plan and specifically, those general plan goals and policies that pertain to hillside development;

b.

The proposed development is consistent with the purposes of this chapter;

c.

The design of the development minimizes exposure of persons to natural hazards and maximizes access to public open space areas;

d.

The design and location of structures or uses avoids, eliminates, or adequately mitigates each of the environmental constraints described in this chapter and other significant environmental impacts identified upon environmental review of the application;

e.

The proposed development complies with the standards set forth in this chapter, including Section 17.52.120 (Design and Development Standards for Uses Requiring Hillside Development Permits) and Section 17.52.160 (Architectural and Site Design Standards).

4.

Modification of Standards Upon Certain Additional Findings.

a.

For remodels of, or additions to, existing, legal, primary structures, which result in an increase in gross floor area of twenty-five percent or less of the original structure, the reviewing authority may modify the requirements of Section 17.52.120(A)(4) and (A)(6) through (A)(11) (Design and Development Standards) and 17.52.160(C)(1) (Architectural and site design standards) where:

1.

Requiring strict compliance would be contrary to the purposes of this chapter; and

2.

Allowing the modification would substantially advance the purposes of this chapter.

b.

For new construction or remodels beyond the scope of subsection (E)(4)(a) above, the reviewing authority may modify the requirements of Section 17.52.120(A)(4), (6), (7) or (9) through (A)(11) (Design and Development Standards) and 17.52.160(C)(1) (Architectural and site design standards) where:

1.

Requiring strict compliance would run contrary to the purposes of this chapter; and

2.

Allowing the modification would substantially advance the purposes of this chapter.

c.

The reviewing authority may modify the requirements of Section 17.52.120(A)(4) and (A)(6) through (A)(11) (Design and Development Standards) for infill developments specified in Section 17.52.070(B)(5) where:

1.

Requiring strict compliance would run contrary to the purposes of this chapter; and

2.

Allowing the modification would substantially advance the purposes of this chapter.

(Ord. 1994, § 1(Exh. A), 6-23-09; Ord. No. 1455, § 6(Exh. E), 5-24-22; Ord. No. 1466, § 78, 3-28-23)

17.52.100 - Permit application contents.

A.

Contents of Application for Hillside Development Permit. A complete application for a hillside development permit shall include the information required by this code for an application for a conditional use permit as well as the following:

1.

A site or plot plan of the subject property drawn to a scale prescribed by the planning department, but not less than a scale of one inch to one hundred feet, reflecting the proposed project, including property lines and all existing and proposed easements and public rights-of-way;

2.

A topographical map of the subject property and as much of the neighboring terrain as is necessary to evaluate the application, but not to exceed one hundred fifty feet from the boundaries of the subject property in any direction. This map shall be drawn to the same scale as the site or plot plan required in subsection (A)(1) of this section, with a maximum contour interval of five feet. The map shall delineate slope bands in the range of zero to less than fifteen percent, fifteen to less than twenty percent, twenty to less than twenty-five percent, and twenty-five percent or greater. Also included shall be a tabulation of the land in each slope category specified in square feet and an average slope calculation for the entire property; and

3.

A complete proposed grading plan for the subject property, drawn to the same scale as required in subsection (A)(1) of this section; and

4.

A flood plan including all measures, such as elevated building pads or floor plates, necessary to ensure adequate protection of persons and property.

5.

A suitability analysis that clearly delineates the following on-site constraints: category 4 slopes, riparian areas, drainage areas, flood plains, vegetation types (including sensitive or critical habitat, protected trees, and other vegetation to be affected by the project in a manner which might have a significant biological or aesthetic impact on the environment or implicate the concerns of Section 17.52.180 of this chapter), prominent ridgelines and, if requested by the director, archaeological, historic and paleontological resources.

6.

Conceptual plans, including a conceptual fencing and landscaping plan, sufficient to establish that the proposed project is consistent with the construction and grading standards set forth in Section 17.52.150, the architectural and site design standards set forth in Section 17.52.160 and the fire prevention and landscaping standards set forth in Section 17.52.170.

7.

Diagrams and photos and, if requested by the director, installation of three-dimensional story poles (e.g., frameworks of boards, PVC pipe, guy wire with pennants, etc.) that outline the walls, roofs, and other features that will determine the location, mass, and bulk of the proposed structure(s).

If requested by the director, a three-dimensional, scale model of the subject property and the area one hundred fifty feet outside the boundaries of the subject property, including cross sections, a detailed slope analysis based on a triangulated irregular network ("TIN") model, and such other graphic information as, in the director's judgment, would aid in the city's review of the project (e.g., rendered perspectives, computer generated simulations, etc.); all graphic information shall be drawn to such scale as prescribed by the director;

9.

If requested by the director, a site-specific archaeological, historic and paleontological report identifying all such resources on a project site, analyzing potential adverse impacts to such resources, and identifying effective mitigation measures to reduce potential adverse impacts to a level of insignificance if it is feasible to do so and to the maximum extent feasible if it is not.

10.

If requested by the director, all or any portion of the materials required for a subdivision pursuant to subsection C below, as necessary to evaluate the hillside development permit application.

B.

Contents of Application for Administrative Hillside Development Permit. A complete application for an administrative hillside development permit shall include the information required by this code for an application for a minor conditional use permit as well as any item listed in subsection A requested by the director.

C.

Contents of Application for Land Divisions. A complete application for a hillside development permit for a land division shall include the information required by this code for the type of land division sought to be approved (e.g., parcel map or tract map) as well as the following:

1.

A site or plot plan of the subject property drawn to scale prescribed by the director, but not less than a scale of one inch to one hundred feet, reflecting the proposed land division, including property lines and all existing and proposed easements and public rights-of-way;

2.

A topographical map of the subject property and all terrain within one hundred fifty feet of the boundaries of the subject property. This map shall be drawn to the same scale as the site or plot plan required in subsection (C)(1) of this section, with a maximum contour interval of five feet. The map shall delineate slope bands in the range of zero to less than fifteen percent, fifteen to less than twenty percent, twenty to less than twenty-five percent, and twenty-five percent or greater. Also included shall be a tabulation of the land in each slope category specified in square feet and an average slope calculation for the entire property;

3.

A complete proposed grading plan for any grading of the subject property to be conducted in connection with the proposed land division, drawn to the same scale as required in subsection (C)(1) of this section;

4.

A complete flood plan including all measures, such as elevated building pads or floor plates, necessary to ensure adequate protection of persons and property;

5.

A biotic resources management plan pursuant to Section 17.52.180;

6.

If requested by the director, a vegetation map of the subject property drawn to the same scale as required in subsection (C)(1) of this section, showing the location of all vegetation formations and indicating the species present, the number of each and their locations, including sensitive or critical habitat, protected trees, and other vegetation to be affected by the project in a manner which might have a significant biological or aesthetic impact on the environment or implicate the concerns of Section 17.52.180 of this chapter. The map shall also show the location of all existing trees on the subject property with a trunk diameter of two inches or greater or a vertical height from ground level to treetop of fifteen feet or more. This map shall identify the species of all such trees and show their trunk diameters, canopies, heights and conditions;

7.

If requested by the director, a census of indigenous plants, insects and animals species located on the subject property, specifying any threatened or endangered species and any other species that might be impacted by the project in a manner which might have significant biological or aesthetic impacts on the environment of the project or implicate the concerns of Section 17.52.180 of this chapter;

8.

A suitability analysis that clearly delineates the following on-site constraints: category 4 slopes, riparian areas, drainage areas, flood plains, vegetation types (including sensitive or critical habitat, protected trees, and other vegetation to be affected by the project in a manner which might have a significant biological or aesthetic impact on the environment or implicate the concerns of Section 17.52.180 of this chapter), prominent ridgelines and, if requested by the director, archaeological, historic and paleontological resources;

9.

If requested by the director, three-dimensional, scale models of the natural condition, existing condition and/or proposed condition of the subject property and the area one hundred fifty feet outside the boundaries of the subject property, including a depiction of all existing or proposed improvements or infrastructure, cross sections, a detailed slope analysis based on a triangulated irregular network ("TIN") model, and such other graphic information which, in the director's judgment, would aid in the city's review

of the proposed land division (e.g., rendered perspectives, computer generated simulations, etc.); all graphic information shall be drawn to such scale as prescribed by the director; and

10.

If requested by the director, a site-specific archaeological, historic and paleontological report identifying all such resources on a project site, analyzing potential adverse impacts to such resources, and identifying effective mitigation measures to reduce potential adverse impacts to a level of insignificance if it is feasible to do so and to the maximum extent feasible if it is not.

(Ord. 1994, § 1(Exh. A), 6-23-09)

Each portion of each R-H zoned lot shall be categorized on the basis of substantial evidence in the record by the reviewing authority, prior to or as a part of the administrative hillside development permit, hillside development permit, or land division approval process, as indicated in Table 1 (Slope Categories):

Table 1

Slope Category

For administrative hillside development permits, slope category shall be determined based upon the grade of the existing slope, rather than the natural slope, unless the reviewing authority finds that doing so would impair the purposes listed in 17.52.010.

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.120 - Design and development standards for uses requiring permits.

A.

Except as expressly provided otherwise in this chapter, the following design and development standards shall apply to all construction or development activities in the R-H zone for which a hillside development permit or an administrative hillside development permit is required:

Only one dwelling unit may be developed on a lot, except that second units shall be permitted subject to the same terms, provisions and restrictions applicable to second units in the R-1 zone as provided in Chapter 17.22.

2.

Buildings and structures on R-H-zoned lots shall be designed to minimize their adverse visual impacts. The siting, shape, materials and colors of all such buildings and structures shall be designed and maintained so as to blend with the natural landscape.

3.

The design and location of structures or uses in the R-H zone shall avoid, eliminate, or mitigate to a level of insignificance each of the environmental constraints described in this chapter and other significant environmental impacts identified upon environmental review of the application.

4.

Front, side and rear yard setbacks shall be as provided for in the R-1 zone (Sections 17.20.050 to 17.20.070). In addition, no buildings or structure shall be placed within one hundred feet of natural, unaltered riparian areas.

5.

The maximum permissible gross floor area of all structures on an R-H-zoned lot shall be computed as follows, up to a maximum of six thousand five hundred square feet:

For lots of less than six thousand square feet: one thousand eight hundred square feet;

For lots between six thousand and eleven thousand square feet: thirty percent of the lot area;

For lots of more than eleven thousand square feet, three thousand three hundred square feet plus ten percent of the lot area in excess of eleven thousand square feet.

6.

The combined footprints of all structures and all impervious coverage on an R-H-zoned lot shall not exceed one hundred ten percent of the permissible gross floor area.

7.

No dwelling in the R-H zone shall contain less than six hundred square feet of floor area.

8.

Slope: The placement of buildings and uses on an R-H-zoned lot shall be limited based upon the slope category or categories of the lot, as follows:

Slope Category 1. Buildings and structures may be located on R-H-zoned lots or portions thereof in Slope Category 1; provided that, to the greatest extent possible, all such buildings and structures shall be

designed with special architectural and design techniques to minimize grading.

Slope Category 2. Buildings and structures may be located on R-H-zoned lots or portions thereof in Slope Category 2; provided, that such buildings and structures shall be designed using techniques such as splitlevel foundations of greater than eighteen inches, stem walls, stacking and clustering, so that such buildings and structures conform as much as is feasible to the natural topography.

Slope Category 3. Buildings and structures may be placed on R-H-zoned lots or portions thereof in Slope Category 3; provided that it is demonstrated, to the satisfaction of the reviewing authority, taking into account the professional advice of the city engineer, that all adverse seismic safety and environmental impacts can be eliminated by the use of open space, larger yard areas, the use of structural techniques such as stepped foundations, or other similar design and construction techniques.

Slope Category 4. Except as expressly provided otherwise in this subsection, no buildings or structures shall be located on any portion of an R-H-zoned lot in Slope Category 4. Portions of such lots classified in Slope Category 4 shall be maintained in their natural condition, without grading or alteration of any other sort, unless the applicant demonstrates that there is no feasible alternative to the proposed grading and the proposed grading is necessary to protect adjacent land from any or all of the following:

a.

Slope instability;

b.

Fire hazards;

c.

Seismic damage; or

d.

Flood or storm damage.

Portions of R-H-zoned lots in Slope Category 4 shall be included within the dimensions of a lot for purposes of meeting lot area, lot width, lot depth and yard area requirements. Fencing, drought-tolerant landscaping and irrigation systems may be located in areas in slope category 4.

9.

Every development on an R-H-zoned lot shall maintain the number of off-street parking spaces required pursuant to Chapter 17.68 of this title plus one space for each one thousand square feet of floor area in excess of four thousand. Development of an R-H-zoned lot shall observe all other provisions of this title relating to off-street parking facilities, including those provided for in the R-1 zone.

10.

No portion of any building or structure on any R-H-zoned lot shall be located closer to a prominent ridge that the lesser of (i) one hundred feet, measured horizontally on a topographic map or (ii) fifty feet measured

vertically on a cross-section. No portion of any building or structure shall extend above the line of sight between a prominent ridge and any of the following points of reference or intersections which are five hundred feet or more from the proposed building or structure:

A.

West Orange Grove Avenue and South Michillinda Avenue;

B.

West Orange Grove Avenue and South Sunnyside Avenue;

C.

West Orange Grove Avenue and South Lima Street;

D.

Orange Grove Avenue and South Baldwin Avenue;

E.

Orange Grove Avenue South Mountain Trail Avenue;

F.

East Orange Grove Avenue and Rancho Rd.;

G.

West Sierra Madre Boulevard and Michillinda Avenue;

H.

West Sierra Madre Boulevard and Sunnyside Avenue;

I.

West Sierra Madre Boulevard and Lima Street;

J.

West Sierra Madre Boulevard and Hermosa Avenue—Memorial Park;

K.

Sierra Madre Boulevard and Baldwin Avenue;

L.

East Sierra Madre Boulevard and Mountain Trail Avenue;

M.

East Sierra Madre Boulevard and Canon Avenue;

N.

611 East Sierra Madre Boulevard—Sierra Vista Park;

O.

141 West Highland Avenue—Sierra Madre School;

P.

160 North Canon Avenue—Sierra Madre School;

Q.

North Michillinda Avenue and West Grandview Avenue;

R.

West Grandview Avenue and North Sunnyside Avenue;

S.

West Grandview Avenue and North Lima Street;

T.

North Baldwin Avenue and Grandview Avenue;

U.

East Grandview Avenue and North Mountain Trail Avenue;

V.

East Grandview Avenue and North Canon Avenue;

W.

East Grandview Avenue and Camillo Street;

X.

East Grandview Avenue and Santa Anita Avenue;

Y.

The westerly intersection of Baldwin Avenue and Foothill Boulevard (adjacent to the west bound entrance and exit to the 210 freeway);

Cut and fill operations on any R-H-zoned lot in excess of two thousand cubic yards shall not be permitted unless specifically approved by the reviewing authority upon finding that:

i)

Such grading is necessary to obtain a reasonable economic use of such lot;

ii)

Such grading will not be contrary to the purposes of this chapter; and

iii)

Such grading will not create any condition likely to cause injury to persons or property.

Import of more than thirty-two and one-half cubic yards of material onto an R-H-zoned lot is prohibited; for this purpose the site of a land division shall be deemed a single R-H-zoned lot until a final map or other instrument is recorded to evidence finality of the land division even if the site of the division constitutes more than one legal parcel prior to effectiveness of the land division.

12.

No building or structure shall be located on any R-H-zoned lot to the north of the hillside view line, unless the applicant demonstrates to the satisfaction of the reviewing authority that the location and design of the proposed building or structure will not adversely affect the viewscape as shown in Figure 1.

==> picture [360 x 339] intentionally omitted <==

Figure 1-Building/Structure Placement

13.

All structures or uses in the R-H-zone shall be designed and located, and all hillside development permit approvals and administrative hillside development permit approvals shall be conditioned, to ensure compliance with the construction and grading standards set forth in Section 17.52.150, the architectural and site design standards set forth in Section 17.52.160 and the fire prevention and landscaping standards set forth in Section 17.52.170.

(Ord. 1994, § 1(Exh. A), 6-23-09; Ord. No. 1466, § 79, 3-28-23)

17.52.130 - Land divisions.

A.

Joint Application. No land division of any lot or parcel in the R-H-zone shall be approved unless and until all of the requirements of this title and Title 16 of this code (Subdivisions) have been met. Applications required pursuant to Title 16 for the development of a project must be submitted prior to or contemporaneously with hillside development permit or administrative hillside development permit applications filed pursuant to this

chapter so that land divisions and tract improvements are not authorized in the R-H zone in the absence of both a land division approval under Title 16 and a permit under this chapter. It is not the intent of this provision to prevent custom-home development of land after it has been divided.

B.

Notice. In addition to all other hearing notices related to an application for a land division, at least ten days' notice by first class mail shall be given to the record owners of all real property located within one thousand feet of the boundaries of the subject property.

(Ord. 1994, § 1(Exh. A), 6-23-09)

The following design and development standards shall apply to all land divisions in the R-H-zone for which a hillside development permit is required by this chapter:

1.

The number and location of lots resulting from a land division shall be based upon findings that each of the environmental constraints described in this chapter, and all other significant environmental impacts identified upon environmental review of the application, have been avoided, eliminated or adequately mitigated. If such finding is not made, the subdivision application shall be denied.

2.

The maximum number of lots or parcels that may be permitted pursuant to a land division of an R-H-zoned property shall be calculated by multiplying the development limit factor (units/acre) by the area of the property in each slope category as follows, rounding the product down to the nearest whole number:

In addition, each lot resulting from such a land division must comply with all the requirements of this chapter, including subsections A and B above.

The following three examples are for the purposes of illustration: i) if a property is entirely in Slope Category 3, and has an area of 4.05 acres, the total number of lots which can be established thereon is two (.50 x 4.05 = 2.025, which is rounded down to two); ii) if a property contains one-half acres in Slope Category 2, plus 3.55 acres in Slope Category 4, for a total area of 4.05 acres, the total number of lots which can be established thereon is one (.5 x 2.00 = 1 plus .01 x 3.55 = .0355, for a total of 1.0355 which is rounded down to one); and iii) if a property contains 4.05 acres entirely in Slope Category 1, the total number of lots which can be established thereon is two (since the minimum parcel size is two acres pursuant to (C)(1) of this section.

3.

Each lot resulting from land divisions in the R-H-zone shall comply with the following minimum specifications:

a.

Application of the formula in subsection B of this section to the area and slope of the lot must produce a value of at least one;

b.

Have a minimum lot width of one hundred fifty feet;

c.

Have a minimum lot depth of one hundred fifty feet;

d.

Contain a minimum contiguous area within Slope Categories 1 through 3 of at least three thousand five hundred square feet;

e.

Be developable without requiring a variance from the standards of this title, other than a minor variance pursuant to Section 17.60.025 of this code; and

f.

Be a minimum of two acres in size.

4.

Grading in connection with a land division shall conform to the following requirements:

a.

The amount and location of grading shall be specified by a condition of the approval of the land division and shall be established by the reviewing authority so as to minimize alteration of natural land forms while allowing reasonable economic use of private property.

b.

Cut and fill operations to develop common infrastructure and other site improvements for the use or benefit of more than one lot in a land division shall not be permitted in excess of one thousand cubic yards times the number of lots in the subdivision unless specifically approved by the reviewing authority upon finding that:

a)

Such grading is necessary to obtain any reasonable use of the property proposed to be divided;

b)

Such grading operations will not be contrary to the purposes of this chapter; and

c)

Such grading will not create any condition likely to cause injury to persons or property.

c.

Total cut and fill operations for the use or benefit of any single lot in the subdivision (including the creation of a building pad, driveway and any retaining walls), must comply with the limitations of Subsection 17.52.120(A)(11), whether such grading is approved as part of a subdivision or as part of a subsequent hillside development permit or administrative hillside development permit.

d.

All utilities shall be placed beneath roads or other graded areas and no grading shall be permitted for the purpose of installing utilities alone.

5.

The lots resulting from a land division in the R-H-zone shall be designed and located, and all land division

approvals shall be conditioned, to establish reasonable and regular lot boundaries and to comply with the construction and grading standards set forth in Section 17.52.150, the architectural and site design standards set forth in Section 17.52.160 and the fire prevention standards set forth in Section 17.52.170.

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.150 - Construction, grading and drainage standards.

A.

Reserved.

B.

Final Grading Plan. A grading plan shall be submitted for approval in accordance with the provisions of this code, which shall comply with the following:

1.

No finished slopes steeper than fifty percent (2:1) shall be created; and

==> picture [396 x 173] intentionally omitted <==

Figure 2-Varied Cut and Fill Slopes

2.

All grading operations shall be conducted and/or phased as approved by the reviewing authority, so that prompt re-vegetation of the graded area and/or prompt construction on pads created by such grading will eliminate the risk of erosion to the greatest extent possible;

3.

Soil necessary for use on cut and filled slopes may be stockpiled at approved locations on an R-H-zoned lot, during grading operations for a time specified pursuant to an approval under this chapter and pursuant to measures specified in that approval to mitigate air quality, aesthetic and other impacts;

4.

Grading operation shall be prohibited between October 15th of each year and April 15th of the next year to avoid adverse effects caused by rain conditions;

5.

Each grading permit shall include a plan for erosion control and silt retention;

6.

Drill holes and exploratory trenches for collection of geologic and soil data may be permitted without a grading permit by the director, provided that all such trenching shall be back filled in a manner approved in writing by the director; erosion protection shall be provided for any slopes which exceed twenty percent;

7.

Cut slopes for purposes of establishing a pad shall not exceed twenty feet in height. Fill slopes shall not exceed nine feet in depth at any point;

8.

Contour grading techniques shall be used to provide a variety of slope percentages and slope directions in a three-dimensional, undulating pattern similar to adjacent existing terrain. Hard edges left by cut and fill operations shall be given rounded appearances that closely resemble adjacent, natural contours as shown in Figure 3; and

==> picture [384 x 416] intentionally omitted <==

Figure 3-Contour Grading Techniques

9.

Where possible, graded areas shall be designed with manufactured slopes located on the uphill side of structures or with other techniques to hide the slope behind the structure as shown in Figure 4.

==> picture [396 x 272] intentionally omitted <==

Figure 4-Manufactured Slopes

C.

Drainage. When a drainage plan is required, that plan shall be submitted for approval in accordance with the provisions of this code, and shall comply with the following:

1.

Debris basins, rip rap, and energy-dissipating devices shall be constructed and maintained on an R-Hzoned lot where necessary to reduce erosion. Except for necessary flood control, significant natural drainage courses shall not be altered by grading activity. If a drainage crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plants and native rock.

2.

Development of an R-H-zoned lot shall provide for the control of runoff in a manner approved by the reviewing authority.

3.

All cuts shall be drained in a manner approved by the reviewing authority.

4.

Cross-lot drainage may only be increased or concentrated if the reviewing authority finds that such increase or concentration will not adversely affect the use of the proposed lots and adjacent lots, and that cross-lot drainage is necessary to minimize grading. Where an increase or concentration of cross lot drainage occurs, one lot may drain across one other lot only if an easement is provided covering the entire

area downstream of the site that is affected by said increase or concentration of drainage. Increased or concentrated stormwater runoff crossing lot lines shall be captured and conveyed within an improved, open V gutter which has a natural appearance.

5.

Drainage channels shall be placed in inconspicuous locations, and shall receive a naturalizing treatment including native rock, colored concrete and landscaping, so that the structure appears as an integral part of the environment, as shown in Figure 5; and

6.

Natural drainage courses shall be preserved and, if necessary, rehabilitated. Drainage features shall be incorporated as an integral part of lot and land division design.

7.

An erosion and sedimentation control plan shall be implemented as required pursuant to Section 7.08.030 and Section 15.48.300(D) of this code.

==> picture [312 x 334] intentionally omitted <==

==> picture [312 x 186] intentionally omitted <==

Figure 5-Drainage Channels

8.

All sites, regardless of size shall prepare and implement a Water Quality Management Plan, giving preference to non-structural Best Management Practices, as described in Development Planning for Storm Water Management - A Manual for the Standard Urban Storm Water Management, as prepared by Los Angeles County Department of Public Works, current edition. Best Management Practices shall not be limited to reduction of construction-related impacts, but shall include permanent measures to reduce rainfall runoff from each site, and shall ensure that rainfall emanating from the site shall be free from contamination from silt, fertilizers, pesticides and other contaminants. Where applicable, the landscape plan shall demonstrate where these BMPs shall be located.

D.

Retaining walls associated with a pad proposed by any application pursuant to this chapter shall be located and designed as follows:

1.

Walls located upslope from a building or structure shall not exceed four feet in height. Terraced retaining structures may be used when separated by at least three feet and screened by appropriate landscaping as approved by the reviewing authority as shown in Figure 6. The total height of an upslope wall system shall be no more than twenty feet.

2.

Walls located downslope from a building or structure shall not exceed three feet in height from the daylight line. Where an additional retained portion of the lot is necessary due to unusual or extreme conditions, such as lot configuration, steep slope or road design, then the use of terraced retaining structures shall be considered on a lot-by-lot basis. Terraced walls shall not exceed three feet in height and shall be separated by at least three feet and screened by appropriate landscaping as approved by the reviewing authority as shown in Figure 6. The total height of a downslope wall system shall be no more than nine feet. The top of a retaining wall system shall be separated from any other structure by a distance at least equal to the height of the retaining wall system.

==> picture [397 x 175] intentionally omitted <==

Figure 6-Retaining Walls

3.

Retaining walls which are an integral part of a building or structure shall not exceed eight feet in height. Visual impacts of such a building or structure shall be mitigated by contour grading and landscaping techniques as approved by the reviewing authority.

(Ord. 1994, § 1(Exh. A), 6-23-09)

Any construction or development approved pursuant to this chapter shall comply with the following architectural and site design requirements:

A.

Site Design.

1.

The dimensions of a building parallel to the direction of an adjacent slope shall be maximized to limit grading and to better fit the building to the natural terrain as shown in Figure 7.

==> picture [336 x 531] intentionally omitted <==

==> picture [312 x 437] intentionally omitted <==

Figure 7-Architectural Controls

2.

Building design shall be sensitive to the natural terrain, and buildings shall be located to minimize grading and to preserve natural features.

3.

Buildings and structures shall be oriented to preserve significant views from neighboring properties to the greatest extent feasible.

4.

The conditions of approval of a land division shall require development of the R-H-zoned lots resulting from the land division to use techniques such as variable setbacks, multiple orientations and other site-planning techniques, to preserve open space and protect natural features.

Development of R-H-zoned lots shall use permanent measures, beyond construction Best Management Practices, to reduce rainfall runoff from each site, to ensure that rainfall emanating from the site shall be free from contamination from silt, fertilizers, pesticides and other contaminants, and provide for the recharge of groundwater to the greatest extent feasible.

B.

Architectural Standards.

1.

Buildings shall be terraced to follow the slope of a pad.

2.

All sides of each building visible from adjacent properties or public or private rights-of-way shall be designed with architecturally compatible treatments and materials.

Building Envelope for Cross Lot Slope

==> picture [276 x 418] intentionally omitted <==

Figure 8-Cross Lot Building Envelope

3.

The form, mass and profile of buildings, structures and architectural features shall be designed to blend with the natural terrain and to preserve the character and profile of natural slopes. The following techniques are recommended:

a.

Split pads, stepped footings and grade separations to permit structures to step up the natural slope as shown in Figure 9;

b.

Detaching parts of a dwelling, such as a garage;

c.

Avoiding gable ends on downhill elevations. The slope of a roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by twenty percent or more;

d.

Use of below-grade rooms to reduce building mass and provide energy-efficient and environmentally desirable spaces;

e.

Use of roofs on lower levels as decks serving higher levels.

f.

Use of green building standards to the extent feasible and where consistent with the purposes of this chapter.

4.

Excessive cantilevers on downhill elevations shall be avoided.

5.

The visible areas of a building shall be minimized by grading and landscaping techniques.

6.

Building materials and color schemes shall blend with the natural landscape of earth tones and natural chaparral.

==> picture [348 x 390] intentionally omitted <==

==> picture [372 x 405] intentionally omitted <==

Figure 9-Form, Mass and Profile

C.

Height Restrictions. The building envelope for each building on an R-H-zoned lot shall comply with the following:

1.

The following height restrictions shall apply:

a.

Downhill Lot. Building height shall not exceed twenty-five feet as measured from the lower of natural grade or existing grade at any point on the structure. Building height shall not exceed fifteen feet at the side setback lines of the lot, and shall not exceed the height of a plane extending from a height of fifteen feet at the side setback line up towards the center of the lot at a forty-five degree angle, as shown in Figure 10.

Building Envelope for Downhill Lot

==> picture [240 x 166] intentionally omitted <==

Figure 10-Downhill Lot Building Envelope

b.

Uphill Lot. Building height shall not exceed twenty-five feet as measured from lower of natural grade or existing grade at any point on the structure. Building height shall not exceed fifteen feet at the front setback line of the lot and shall not exceed the height of a plane extending from a height of fifteen feet at the front setback line up and toward the rear of the lot at a forty-five degree angle. Building height shall not exceed fifteen feet at the side setback lines of the lot, and shall not exceed the height of a plane extending a height of fifteen feet at the side setback line up towards the center of the lot at a forty-five degree angle, as shown in Figure 11.

Building Envelope for Uphill Lot

==> picture [216 x 193] intentionally omitted <==

Figure 11-Uphill Lot Building Envelope

c.

Cross Slope Lots. Building height shall not exceed twenty-five feet, as measured from the lower of natural grade or existing grade, at any point on the structure. Building height shall not exceed fifteen feet at the side setback lines of the lot, and shall not exceed the height of a plane extending a height of fifteen feet at the side setback line up towards the center of the lot at a forty-five degree.

2.

For additions or remodels to existing structures, the height restrictions in this section shall be determined based upon the grade of the existing slope, rather than the grade of the natural slope, unless the reviewing authority finds that doing so would impair the purposes listed in Section 17.52.010.

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.170 - Fire prevention and landscaping standards.

A.

Fire Plan. Where required, a fire plan shall be approved in conjunction with any approval under this chapter to protect persons and property and shall include required planting of fire-resistant vegetation and other appropriate regulations, including the following:

1.

Roofing. Roofs of all buildings and structures shall be constructed and maintained of noncombustible materials; and shall be constructed and maintained of color(s) that blend with the natural landscape;

2.

Eaves. Open eaves shall be prohibited to prevent the nesting of birds or placement of other combustible material within the roof area;

3.

Exterior Wall Surfaces. All exterior walls of buildings shall be surfaced with noncombustible, fire-retardant or fire-resistant materials and shall be constructed and maintained of color(s) that blend with the natural landscape; and exterior structural supports and undersides of floors and decks not enclosed by walls shall be constructed so as to provide for fire safety and to adequately address aesthetic considerations; and the undersides of any exterior floors, decks, balconies, etc., shall be enclosed with a three-hour-rated wall;

4.

Overhangs. Balconies, patios, roofs, eaves and other similar overhangs or projections shall be constructed of noncombustible material or shall be protected by fire-retardant or fire-resistant materials;

5.

Sprinkler Systems. All enclosed spaces shall be protected by a fire sprinkler system;

6.

Fuel Modification/Brush Control. Owners and occupants shall comply with all applicable provisions of an approved fuel modification/brush control program. If an owner or occupant of any lot believes that compliance with the fuel modification/brush control program is impracticable because of difficult terrain, danger of erosion, or other unusual circumstance, he or she may apply, in writing, to the planning commission for a suspension or modification of the program as applied to his or her lot. If the planning

commission finds that such compliance is impractical, it shall authorize such a suspension or modification of the program as it applies to that lot but may not authorize a violation of any other ordinance of the city or other applicable law; and

==> picture [240 x 180] intentionally omitted <==

Figure 12-Fuel Modification/Brush Control

7.

The existence of a swimming pool on a property shall be marked on the curb in front of the property in a manner approved by the fire department.

B.

Fencing and landscaping plans. Where required, prior to the issuance of any building permit for development of any R-H-zoned lot, a final fencing and landscaping plan consistent with any prior approvals shall be submitted for review and approval. Except as otherwise required by an approval issued pursuant to this chapter, the reviewing authority for such plan shall be the director. (See Figure 13)

1.

Walls and fences shall be subject to the height limits applicable to walls and fences in the R-1 zone.

2.

Fencing and landscaping plans shall include fire-retardant materials and plantings, with minimal irrigation systems, to comply with water conservation measures and to provide natural habitat and erosion control.

3.

All new plant materials shall conform to the city's list of recommended and prohibited plant materials, as adopted by resolution of the city council and amended from time to time.

4.

Site improvements shall utilize permeable materials wherever site conditions permit.

Landscaping plans shall include the following:

a.

The total square footage of all landscaped areas and square footage of each landscaped area;

b.

Percentage of the lot devoted to landscaping;

c.

The type of plant materials, i.e., the botanical and common names;

d.

Location, container size and number of all new plant materials;

e.

The use of native or adapted plants;

f.

The total square footage of all hardscape areas and square footage of each hardscape area;

g.

The type of hardscape materials and the permeability of each;

h.

An irrigation plan that minimizes use of potable water by at least one of the following strategies: droughtresistant landscaping, irrigation with captured rainwater, recycled gray water, or non-potable water, highefficiency equipment, or climate-based controllers;

i.

Type, size, and location of a permanent irrigation system adequate for the proposed landscaping;

j.

Demonstrated compliance with the fire plan approved for the site pursuant to Sction 17.52.170(a), including fuel modification and brush control areas;

k.

Undisturbed, natural areas; and

l.

A lighting plan that demonstrates exterior lighting does not allow light trespass across property lines and is shielded to direct illumination downward, away from adjacent properties;

6.

Perimeter fencing may not enclose more than seven thousand two hundred square feet or be placed in any area within Slope Category 4.

==> picture [276 x 285] intentionally omitted <==

==> picture [276 x 531] intentionally omitted <==

Figure 13-Fencing and Landscaping

(Ord. 1994, § 1(Exh. A), 6-23-09)

17.52.180 - Biotic resources management plan.

Where required, a biotic resources management plan shall be prepared by a biologist or other qualified professional and shall include the following:

a.

Biotic Assessment. A complete assessment of flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species, as well as sensitive and critical habitats;

b.

Impacts. A discussion of direct, indirect and cumulative impacts anticipated to adversely affect biological resources;

c.

Mitigation Measures. An identification of effective mitigation measures to reduce such impacts to levels of insignificance, preserve and encourage native plant species and prohibit non-native, invasive plant species. Mitigation measures shall also address potential adverse impacts from any increased runoff, sedimentation, erosion and urban pollutants on streams, watercourses and sensitive habitats on or near the project site;

d.

No Net Loss of Sensitive Habitats. The identified mitigation measures shall observe state and federal policy regarding wetland and other habitat values. In addition, the plan shall discuss project alternatives to minimize adverse impacts to wildlife and to benefit wildlife and wildlife habitat. Mitigation measures shall include elimination of non-native, invasive plant species and preservation and placement of native plant species. Projects affecting watercourses shall incorporate stream buffer areas to be maintained in a natural condition through nonstructural flood control methods to maintain their value as wildlife corridors;

e.

Permits. If state and federal permits are required for a project, the biotic resource manage plan shall include a discussion of the necessary biological permits (including but not limited to permits administered by the following agencies or pursuant to the following programs: California Department of Fish and Game, California Fish and Game Code Section 1600, United States Army Corps of Engineers, U.S. Department of the Interior Fish and Wildlife Service, and Clean Water Act, Section 404). The plan shall satisfy any applicable requirements of the California Environmental Quality Act and State and Local CEQA Guidelines.

(Ord. 1994, § 1(Exh. A), 6-23-09)

A.

When a plan required by this chapter, e.g., a land division, building plan, grading plan, fire plan, fencing and landscaping plan, or any other plan, has been reviewed and approved as provided in this chapter, the owners and occupants of the lot to which the plan applies, shall comply in all respects with that plan and shall not permit any other person to fail to do so.

B.

In addition to the other remedies provided by this code or other applicable law, any failure to comply with an approved plan as specified in paragraph A of this section shall be grounds for the revocation of any

approval granted hereunder with respect to the property with respect to which the violation occurred.

C.

A hillside development permit or administrative hillside development permit granted in compliance with this chapter shall run with the land and continue to be valid upon a change of ownership of the site, activity, use or structure that was the subject of the permit. All terms and conditions of the entitlement shall be binding upon any new owners, whether or not recorded against title.

(Ord. 1994, § 1(Exh. A), 6-23-09)

All lighting of the buildings, structures, landscaping, yards, parking areas, or similar facilities shall be in compliance with the city's "Dark Sky" objectives and policies. Lighting shall be shielded and directed downward to reflect away from adjoining properties.

(Ord. No. 1413, § 5, 5-28-19)

Editor's note— Section 5 of Ord. No. 1413, adopted May 28, 2019, set out provisions designated as § 17.52.180. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 17.52.200 to avoid duplication, at the discretion of the editor.

Chapter 17.56 - NONCONFORMING USES AND STRUCTURES[[12]]

Sections:

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 1396, § 1, adopted March 27, 2018, amended Ch. 17.56 in its entirety to read as herein set out. Former Ch. 17.56, §§ 17.56.010—17.56.120, pertained to nonconforming uses, and derived from prior code §§ 9775—9785; Ord. No. 1011, § 1, adopted in 1983; Ord. No,. 1115, § 5, adopted in 1994; Ord. No. 1116, § 5, adopted in 1994; Ord. No. 1135, § 6, adopted in 1996; and Ord. No. 1256, § 1, adopted in 2006.

This chapter establishes uniform provisions for the regulation of nonconforming land uses and structures.

A.

Within the zoning districts established by this title, there exist land uses and structures that were lawful before the adoption or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or under future amendments.

B.

It is the overall intent of this chapter to regulate the long-term continuance of nonconformities and to:

1.

Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this title by prohibiting their reestablishment after abandonment or, in some cases, their enlargement;

2.

Allow for the reconstruction of nonconforming structures that are involuntarily damaged or destroyed, with certain limitations and regulations;

3.

Allow for the continuation and maintenance of specific nonconforming uses and structures;

4.

Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;

5.

Limit the alteration, enlargement, or relocation of nonconforming structures in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this title; and

6.

Ensure that current building and zoning standards do not unreasonably inhibit the adaptive reuse of existing structures or their the seismic and other structural upgrading.

(Ord. No. 1396, § 1, 3-27-18)

The provisions of this chapter shall apply to all nonconforming uses and structures located within any zoning district in the city. This chapter does not apply to land uses and structures that were illegally established, constructed, or modified. These are instead subject to code enforcement and nuisance abatement provisions of this code.

(Ord. No. 1396, § 1, 3-27-18)

The following provisions shall apply to all nonconforming uses and structures existing as of the effective date of this chapter:

A.

Maintained and Continued.

1.

Nonconforming Use. A nonconforming use may be maintained and continued; provided there is no increase or enlargement of the area, space, or volume occupied or devoted to the nonconforming use, except as allowed by this chapter.

2.

Nonconforming Structure. A nonconforming structure may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure, except as allowed by this chapter.

B.

Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.

C.

Replacement of a Nonconforming Use Prohibited. The nonconforming use of a structure or site shall not be changed to another nonconforming use.

(Ord. No. 1396, § 1, 3-27-18)

Each and every nonconforming use or structure may be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this chapter, or unless ordered discontinued, modified, or removed as a public nuisance.

(Ord. No. 1396, § 1, 3-27-18)

So long as a nonconforming use or structure exists upon a lot, no new use or structure may be constructed, established, or installed on the lot, except as allowed by this chapter.

(Ord. No. 1396, § 1, 3-27-18)

Nonconforming uses and structures shall be subject to abatement and termination of the use, in the following manner:

A.

Termination for Violation of or Change of Use. Whenever any of the following facts are found to exist with reference to a nonconforming use, the nonconforming protection/benefits provided by this chapter shall cease, and the use shall be abated, except as otherwise allowed by this chapter.

Material violation of any applicable law;

2.

A change from a nonconforming use to another nonconforming use;

3.

A change from a nonconforming use to a conforming use;

4.

An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use. No new additions or alterations shall increase existing nonconformities; or

5.

A structural alteration, except as required by law.

B.

Termination of Nonconforming Uses by Discontinuance.

1.

Without any further action by the city, a nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least twenty-four months.

2.

A nonconforming use within a structure shall also lose its nonconforming status if the structure is demolished or removed from the site.

3.

The determination of discontinuance (aka abandonment) shall be supported by evidence, satisfactory to the director (e.g. the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, or where there are no business receipts/records or any necessary licenses available to provide evidence that the use is in continual operation).

4.

In an appeal of the director's determination that the use has lost its nonconforming status by discontinuance, the appellant shall be required to present evidence satisfactory to the director showing that the use is in continual operation.

5.

The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this title and the subject zoning district.

(Ord. No. 1396, § 1, 3-27-18)

17.56.070 - Repair and maintenance; reconstruction after involuntary damage.

A.

Ordinary Repair and Maintenance.

1.

Ordinary repair and maintenance may be performed on a structure or site, the use of which is nonconforming; and

2.

Ordinary repair and maintenance of a nonconforming structure shall be allowed.

B.

As used in this chapter:

1.

"Involuntary damage" shall mean involuntary damage or destruction of a structure, either in whole or in part, by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy) or over the course of time (e.g., termite infestation, dry rot, or mold).

2.

"Date of involuntary damage" shall mean the date of the catastrophic event that caused the involuntary damage, or for involuntary damage caused over time, the date that the city deems the damaged structure to be unsafe or irreparably deteriorated.

C.

Nonresidential Uses or Structures. Whenever a nonconforming nonresidential structure or a structure occupied by a nonconforming use is involuntarily damaged:

1.

The structure may be repaired, reconstructed or replaced with a new structure, and its use resumed, provided that:

a.

The applicant provides documentation satisfactory to the director supporting the claim that the damage occurred involuntarily;

b.

The replacement structure matches the original structure in terms of exterior materials, height, setbacks, size and building configuration;

c.

The replacement structure is in compliance with the city's adopted building code; and

d.

A building permit for the reconstruction is issued within twenty-four months after the date of involuntary damage and the construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this code in effect on the date a building permit is issued.

D.

Residential Uses or Structures.

1.

Nonconforming single- and multi-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged may be repaired, reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, square footage, building height, and density standards) in compliance with state law (including Government Code Section 65852.25), provided:

a.

The applicant provides documentation satisfactory to the director supporting the claim that the damage occurred involuntarily;

b.

No expansion of the gross floor area occurs;

c.

The replacement structure is in compliance with city's adopted building code; and

d.

A building permit is issued within twenty-four months after the date of involuntary damage and the construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this code in effect on the date a building permit is issued.

(Ord. No. 1396, § 1, 3-27-18)

Nothing in this chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming use or structure in the following manner:

A.

Elimination of Nonconformity. The work shall be allowed in order to render the use or structure in conformity with this title;

B.

Reduction of Nonconformity. Work that reduces, but does not entirely eliminate a nonconformity, shall be allowed in the following circumstances:

1.

Work which reduces the nonconformity of residential setbacks shall be allowed provided that the modified setback is at least ten feet if in the front yard, five feet if in the rear yard, and three feet if in the side yard; or

2.

Any other work provided that an administrative design review permit covering such work is approved in accordance with Chapter 17.60.

C.

Compliance with Laws. The work shall be allowed in order to comply with any law enacted after December 31, 2017.

D.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

1.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with Chapter 15.44 (earthquake hazard reduction in existing buildings); and

2.

Reconstruction required to comply with the city's adopted building code requirements shall be allowed, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety

standards and/or other applicable building code requirements, including state law (e.g., Title 24, California Code of Regulations, etc).

E.

Alteration or Enlargement of a Nonconforming Structure.

1.

A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a variance is obtained in compliance with Chapter 17.60. Alteration and enlargement may occur, but only in compliance with the current applicable development standards, or as otherwise allowed in this section.

2.

A nonconforming structure shall not be enlarged or moved unless the enlargement or new location conforms to the current development standards identified for the subject zoning district, or as otherwise allowed in this section.

F.

Alteration or Enlargement of a Nonconforming Use Shall Require a Permit.

1.

A nonconforming use may not be altered or enlarged unless a minor conditional use permit is first obtained, in accordance with Chapter 17.60.

2.

The use shall comply with the performance standards and applicable development standards for the subject zoning district.

3.

There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise.

G.

Conforming Uses. A conforming use may be established, expanded and/or enlarged notwithstanding that a nonconforming structure (or on a lot with multiple uses, a nonconforming use) is located upon the same lot as such conforming use.

(Ord. No. 1396, § 1, 3-27-18)

17.56.090 - Exemptions and exceptions.

A.

Nonconformance with loading, parking, screening standards, and residential density. A use that does not conform with the loading, parking, planting area, screening standards or residential density of the zoning district in which it is located shall not be deemed a nonconforming use solely for these reasons.

B.

Parking requirements for reuse of existing structures and residential additions.

1.

In order to meet required parking pursuant to Chapter 17.68 or otherwise by this code, a nonresidential use occupying an existing structure (whether conforming or nonconforming) shall be credited with the largest number of parking spaces of:

a.

The actual number of parking spaces provided;

b.

The number of parking spaces required for the use last occupying the structure or applicable portion thereof; or

c.

For uses in the C zone occupying under two thousand five hundred square feet of floor area, the number of parking spaces required for the proposed use.

2.

A nonresidential use occupying an existing structure (whether conforming or nonconforming) which is credited with fewer than the number of parking spaces required pursuant to Chapter 17.68 or otherwise by this code may nonetheless be approved with a minor conditional use permit in accordance with Chapter 17.60 upon the additional finding by the reviewing authority that such parking deficit will not unreasonably overload street parking or public parking facilities nor create a nuisance.

3.

An addition or alteration to an existing residential structure for which additional parking spaces are required pursuant to Chapter 17.68 or otherwise by this code but does not provide any or all of such additional parking spaces may nonetheless be approved with a minor conditional use permit in accordance with Chapter 17.60 upon the additional finding by the reviewing authority that such parking deficit will not unreasonably overload street parking or public parking facilities nor create a nuisance.

C.

Public Utilities Exempt. The foregoing provision of this chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially damaged or destroyed, shall not apply to a public utility structure that distributes a utility service (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric

The foregoing provision of this chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially damaged or destroyed, shall not apply to a public utility structure that distributes a utility service (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric

generating stations, water wells and pumps, etc.); nor shall any provision of this chapter be construed or applied to prevent the expansion, modernization, or replacement of public utility structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided that this section shall not exempt the uses from the provisions of this chapter covering nonconformity of the uses or structures not immediately related to the direct service to consumers (e.g., storage yards, warehouses, etc.).

(Ord. No. 1396, § 1, 3-27-18)

Notwithstanding the other provisions of this code, no use identified in this title as a "conditional use" that was lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the minor conditional use permit/conditional use permit procedural requirements, in compliance with Chapter 17.60; provided, that:

A.

Use Allowed with Use Permit Approval. A land use that was legally established without a use permit, but would be required by current code provisions to have minor conditional use permit or conditional use permit approval, shall not be altered or enlarged in any way unless the applicable use permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with minor conditional use permit or conditional use permit approval, but is not allowed with such approval by the current code, may continue only in compliance with the original use permit. If the original use permit specified a termination date, then the use shall terminate in compliance with the requirements of the use permit.

(Ord. No. 1396, § 1, 3-27-18)

A.

Failure to Meet Minimum Requirements. A nonconforming structure located on property acquired for public use may be relocated on the same lot even though the current minimum lot area or setback requirements of this title cannot reasonably be complied with. Where a part of the structure is acquired for public use, the remainder of the structure may be reconstructed, remodeled, or repaired with the same or similar kind of materials used in the existing structure. However, the materials shall conform to the requirements of the City's adopted building code.

B.

Involuntary Damage. A nonconforming structure, or portion thereof, located on the lot remaining after acquisition of the property for public use which is thereafter involuntarily damaged, may be rebuilt or reconstructed on the same lot even though the current minimum lot area or setback requirements of this title cannot reasonably be complied with. However, the floor area and cubical contents of the structure, or portion thereof, shall not be increased.

C.

Does Not Apply to Uses. The provisions of this section shall not apply to a nonconforming use existing at the time of acquisition of the property for public use.

(Ord. No. 1396, § 1, 3-27-18)

Institutional uses in commercial zones, in existence on November 8, 1994, shall be permitted to remain subject to conditions of existing conditional use permits or other approvals, as long as the use is continued in existing facilities or is for expansion on properties upon which such existing facilities are located.

(Ord. No. 1396, § 1, 3-27-18)

17.56.130 - Unlawful uses and structures.

A.

Violations. Uses and structures that did not comply with the applicable provisions of this title or prior planning and zoning regulations when established are violations hereof and are subject to code enforcement and nuisance abatement provisions of this code.

B.

Illegal Uses and Structures Prohibited. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this code are first obtained.

(Ord. No. 1396, § 1, 3-27-18)

17.56.140 - Nuisance abatement.

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with Chapter 8.16 and other applicable codes and laws.

(Ord. No. 1396, § 1, 3-27-18)

Chapter 17.58 - SMALL HOME LOT DEVELOPMENTS

Sections:

The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels and development of qualified residential units as authorized under Government Code Section

66499.40, which was adopted into law by Assembly Bill No. 803, effective January 1, 2022 ("AB 803"). If AB 803 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Under Government Code Section 66499.40(b)(1), only parcels located within multi-family residential zones are eligible for small home lot development permits, including parcels located in the following zones:

1.

R-2 Two-Family Residential Zone;

2.

R-3-13 Medium/High Density Residential Zone;

3.

R-3-20 Multiple Family Residential High Density; and

B.

Further, an applicant applying for a small home lot development permit must meet the following criteria:

1.

The proposed project is for single-family housing units on fee simple ownership lots.

2.

Residential properties within a radius of five hundred feet of the site must be zoned for less than thirty dwelling units per acre.

3.

The proposed site is not identified in the housing element pursuant to Government Code Sections 65583 and 65583.2 as a site to accommodate any portion of the jurisdiction's regional housing need for lowincome or very low income households.

C.

A small home lot development permit is not available for any parcel where the permit would require the demolition or alteration of any of the following types of housing:

1.

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

2.

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

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last seven years.

(Ord. No. 1452, § 2(Att. A), 4-12-22; Ord. No. 1466, § 80, 3-28-23)

17.58.030 - Pre-development review.

Prior to filing an application, a potential applicant shall meet with the director or his or her designee and pay all applicable fees to discuss the application process, subdivision and project design, and the need for supplemental information.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

17.58.040 - Application.

A.

The applicant shall submit a small home lot development application in a form approved by the director.

B.

The applicant shall submit a preliminary design review application in a form approved by the director.

C.

All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.

D.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council of the city of Sierra Madre.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Design and Development Standards. This section incorporates the design and development standards in this code unique to each zone, except as modified by this section.

B.

Angle Plane. The angle plane standards in this chapter shall be governed by the angle plane standards in the underlying zone.

C.

Building and Design Standards.

1.

All the dwelling units shall have consistent exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

Roof decks are prohibited.

3.

All dwelling units ministerially approved under this chapter will install a new or separate utility connection.

4.

All electrical and utility services to a new dwelling unit shall be undergrounded.

5.

If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the Board of Professional Engineers, Land Surveyors, and Geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than ten percent of the area of any solar energy system on any adjoining property.

D.

Density Standards. The development must result in at least as many units as the maximum allowable residential density allowed under the zoning ordinance.

E.

Fire Safety Standards.

1.

All new dwelling units are required to comply with Chapter 15.24 of this code.

Where two dwelling units are configured as sharing a common wall, a one-hour fire wall between the units is required.

3.

All new dwelling units are required to comply with Chapter 15.24 (Fire Code) and have fire sprinklers.

4.

All new dwelling units are required to use fire-resistant building materials.

5.

All new dwelling units are required to comply with Chapter 8.36 (Hazardous Brush Clearance) and maintain defensible space around these units.

6.

New or modified detached dwelling units shall be separated from any other dwelling unit or building by ten feet to prevent the spread of fire.

F.

Floor Area Standards.

1.

The average total floor area shall not exceed one thousand seven hundred fifty square feet.

2.

The total floor area standards in this chapter shall be governed by the floor area standards in the underlying zone.

G.

Height Standards. The maximum height standards in this chapter shall be governed by the height standards in the underlying zone.

H.

Lot Coverage Standards. The lot coverage standards in this chapter shall be governed by the lot coverage standards in the underlying zone.

I.

Lot Size Standards. The maximum lot size may not exceed five acres.

J.

Open Space Standards. Two hundred fifty feet per dwelling unit of on-site open space shall be provided on the ground level for use by residents. Open space may be common or private. To be counted toward the open space requirement, the minimum width and length of each space shall be ten feet. Driveways and other vehicular access areas shall not count toward the open space requirement.

K.

Parking Standards. The parking standards in this chapter shall be governed by the parking standards in the underlying zone, except that the required parking need not be enclosed or covered.

L.

Setback Standards.

1.

The front, side, and rear setbacks from the lot line will be determined by the zoning district in which the dwelling unit is located.

2.

No setback is required between units, except as required by Title 15 of this code.

3.

All portions of the dwelling unit, including eaves, awnings, sills, cornices, chimneys, overhangs and other projections, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case greater than one foot in depth.

(Ord. No. 1452, § 2(Att. A), 4-12-22; Ord. No. 1466, § 81, 3-28-23)

A.

If a project proposes to demolish a structure and the structure is of the type protected under Section 17.60.056 of this code, the applicant will prepare a written historic assessment or survey as described in paragraph (D) of Section 17.60.056 of this code.

B.

All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.

C.

When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a historic resource design review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at

the discretion of the city. The historic resource design review will list measures to mitigate the harmful impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the small home lot development permit.

D.

When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.

E.

When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the application shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

When the director of public works determines that an application for a small home lot development permit requires removal or substantial trimming of a protected tree, as defined in Section 12.20.020 of this code, a certified arborist selected by the city and paid for by the applicant shall prepare a tree survey and arborist report in accordance with paragraph (A) of Section 12.20.115 of this code.

B.

The arborist report will list measures to mitigate the harmful impact of the proposed project on the protected trees and those mitigation measures will be made a condition of approval of the small home lot development permit.

C.

Prior to the removal or substantial trimming of any protected tree, the applicant must obtain a permit and pay all accompanying fees.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Preliminary Design Review.

1.

Upon submission of a complete application, the director will schedule a preliminary design review hearing before the planning commission.

Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

3.

The planning commission shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors, and overall design to encourage the small home lot development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

B.

In order to grant a small home lot development permit, the director must find that the proposed project:

1.

Complies with Chapter 17.58;

2.

Complies with all objective general plan, zoning code, and design standards;

3.

Complies with all provisions of state law; and

4.

The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Upon issuance of a ministerial design review permit, the applicant shall sign and record a covenant stating the following:

1.

The applicant will comply with all mitigation measures as provided in the historic resource design review, as applicable, under paragraph (C) of Section 17.59.050.

The applicant will comply with all mitigation measures as provided in the arborist report, as applicable, under paragraph (B) of Section 17.59.060.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

Editor's note— Ord. No. 1466, § 81, adopted March 28, 2023, repealed § 17.58.100, which pertained to appeal and derived from Ord. No. 1452, § 2(Att. A), adopted April 12, 2022.

Chapter 17.59 - MINISTERIAL DESIGN REVIEW PERMITS

Sections:

The purpose of this chapter is to establish objective standards and regulations to govern the development of qualified residential units as authorized under Government Code Section 65852.21, which was adopted into law by Senate Bill No. 9, effective January 1, 2022 ("SB 9"). If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

17.59.020 - Eligibility.

A.

Only parcels located within single-family residential zones are eligible for a ministerial design review permit, including parcels located in the following zones:

1.

R-1 One-Family Residential Zone;

2.

R-C Residential Canyon Zone; and

3.

H Hillside Management Zone.

B.

A ministerial design review permit may only be issued where:

1.

The applicant proposes to construct a new unit or units.

The proposed development consists of no more than two dwelling units on a single parcel;

3.

The applicant's parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated a local historic landmark under Chapter 17.82 of this code; and

4.

The applicant's parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B)-(K).

C.

A ministerial design review permit may not be issued where approval would require the demolition or alteration of any of the following types of housing:

1.

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

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application;

4.

Housing that has been occupied by a tenant in the last three years; and

5.

The proposed housing development does not demolish more than twenty-five percent of the existing exterior structural walls.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee and pay all applicable fees to discuss the application process, project design, and the need for supplemental

information.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

The applicant shall submit a ministerial design review permit application in a form approved by the director.

B.

All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.

C.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council of the city of Sierra Madre.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

Design and Development Standards. This section incorporates the design and development standards in this code unique to each zone, except as modified by this section.

B.

Angle Plane. The angle plane standards in this chapter shall be governed by the angle plane standards in the underlying zone.

C.

Building and Design Standards.

1.

For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.

Roof decks are prohibited.

4.

All dwelling units ministerially approved under this chapter will install a new or separate utility connection.

5.

All electrical and utility services to a new dwelling unit shall be undergrounded.

6.

If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the board of professional engineers, land surveyors, and geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than ten percent of the area of any solar energy system on any adjoining property.

D.

Density Standards. No development may include more than two residential housing units under this chapter and no more than four residential housing units under this code.

E.

Fire Safety Standards.

1.

All new dwelling units are required to comply with Chapter 15.24 of this code.

2.

Where two dwelling units are configured as sharing a common wall, a one-hour fire wall between the units is required.

3.

All new dwelling units are required to comply with Chapter 15.24 (Fire Code) and have fire sprinklers.

4.

All new dwelling units are required to use fire-resistant building materials.

5.

All new dwelling units are required to comply with Chapter 8.36 (Hazardous Brush Clearance) and maintain defensible space around these units.

6.

New or modified detached dwelling units shall be separated from any other dwelling unit or building by ten feet to prevent the spread of fire.

F.

Floor Area Standards. The total floor area standards in this chapter shall be governed by total floor area standards in the underlying zone.

G.

Height Standards. The maximum height standards in this chapter shall be governed by the height standards in the underlying zone. If there is an existing primary dwelling on the parcel, then the maximum height of the existing residence cannot be increased through use of this chapter.

H.

Lot Coverage Standards. The lot coverage standards in this chapter shall be governed by the lot coverage standards in the underlying zone.

I.

Lot Size Standards.

1.

The minimum lot size standards in this chapter shall be governed by the lot size standards in the underlying zone.

J.

Open Space Standards. Two hundred fifty feet per dwelling unit of on-site open space shall be provided on the ground level for use by residents. Open space may be common or private. To be counted toward the open space requirement, the minimum width and length of each space shall be ten feet. Driveways and other vehicular access areas shall not count toward the open space requirement.

K.

Parking Standards.

1.

One off-street, covered parking space is required for each new dwelling unit.

2.

The parking space shall be a dimension of at least ten feet wide, eight feet tall, and twenty feet deep.

3.

If a new dwelling unit is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public

Resources Code Section 21064.3, or if there is a car share vehicle located within one block of the parcel, then off-street parking required pursuant to this section shall not apply.

L.

Setback Standards.

1.

The front setbacks from the lot line will be determined by the zoning district in which the dwelling unit is located;

2.

The minimum side and rear setbacks from the lot line will be four feet.

3.

No additional setback is required for a new dwelling unit constructed in the same location as an existing structure on the parcel.

4.

All portions of the dwelling unit, including eaves, awnings, sills, cornices, chimneys, overhangs and other projections, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case greater than one foot in depth.

(Ord. No. 1452, § 4(Att. C), 4-12-22; Ord. No. 1466, § 82, 3-28-23)

17.59.060 - Historic preservation.

A.

If a project proposes to demolish a structure and the structure is of the type protected under Section 17.60.056 of this code, the applicant will prepare a written historic assessment or survey as described in paragraph (D) of Section 17.60.056 of this code.

B.

All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.

C.

When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a historic resource design review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at the discretion of the city. The historic resource design review will list measures to mitigate the harmful

impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the ministerial design review permit.

D.

When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.

E.

When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the applicant shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

When the director of public works determines that an application for a ministerial design review permit requires removal or substantial trimming of a protected tree, as defined in Section 12.20.020 of this code, a certified arborist selected by the city and paid for by the applicant shall prepare a tree survey and arborist report in accordance with paragraph (A) of Section 12.20.115 of this code.

B.

The arborist report will list measures to mitigate the harmful impact of the proposed project on the protected trees and those mitigation measures will be made a condition of approval of the ministerial design review permit.

C.

Prior to the removal or substantial trimming of any protected tree, the applicant must obtain a permit and pay all accompanying fees.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

The director will review all applications under this chapter ministerially and without a public hearing or discretionary review.

B.

In reviewing an application, the director will ensure that no objective design standards have the effect of physically precluding the construction of up to two units or physically precluding either of the two units from being at least eight hundred square feet in floor area.

C.

In order to grant a ministerial design review permit, the director must find that the proposed project:

1.

Complies with Chapter 17.59;

2.

Complies with all objective general plan, zoning code, and design standards;

3.

Complies with all provisions of state law; and

4.

The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

Upon issuance of a ministerial design review permit, the applicant shall sign and record a covenant stating the following:

1.

No dwelling unit on such new parcels shall be rented for a period of less than thirty days and cannot be occupied as a short-term rental unit;

2.

Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the dwelling unit.

3.

Separate utility connections shall be provided for each parcel prior to recordation.

The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Chapter 17.22 or ministerial design review permit under Chapter 17.59, but under no circumstance may an applicant apply to develop dwelling units under both chapters.

5.

The applicant will comply with all mitigation measures as provided in the historic resource design review, as applicable, under paragraph (C) of section 17.59.050.

6.

The applicant will comply with all mitigation measures as provided in the arborist report, as applicable, under paragraph (B) of Section 17.59.060.

7.

The applicant will comply with all other provisions of the Sierra Madre Municipal Code that are not in conflict with the provisions of this chapter.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

Editor's note— Ord. No. 1466, § 82, adopted March 28, 2023, repealed § 17.59.100, which pertained to appeal and derived from Ord. No. 1452, § 4(Att. C), adopted April 12, 2022)

Chapter 17.60 - VARIANCES AND DISCRETIONARY PERMITS[[13]]

Sections:

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 1389, Exh. A, § 22, adopted July 11, 2017, changed the title of Ch. 17.60 from "Variances and Conditional Use Permits" to read as herein set out.

When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this chapter.

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

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

(Prior code § 9800)

Before any zone variance is granted, the applicant shall show, to the reasonable satisfaction of the body hearing such matter, that there are special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other adjacent properties included in the same zone as the subject property, which make the granting of the zone variance necessary in order to facilitate a reasonable use of the property involved.

(Prior code § 9801)

The director may grant a minor variance from regulations, as specified in Chapter 17.20 or Chapter 17.30 of this code, as applicable.

A.

Application. Applications for a minor variance shall be initiated by submitting the following materials to the planning and community preservation department:

1.

A completed application form signed by the property owner or authorized agent, accompanied by the required fees and plans;

B.

Notice.

1.

A list, drawn from the last equalized property tax assessment roll showing the names and addresses of the owner or record of each lot within three hundred feet of the property, and the posting of a sign on the property for fourteen days to notify them that an application is being filed for a minor variance.

2.

Comments shall be accepted by the director for a fourteen-day period following the application submittal.

3.

The director may use any comments received to assist in making findings and conditions relating to the application.

C.

Burden of Proof and Conditions of Approval. The director must find, or conditions must be imposed, to insure that:

1.

The project does not adversely impact the public health, safety, and welfare;

2.

The design of the home is improved with the granting of the minor variance.

D.

An action by the director may be appealed to the planning commission and subsequently to the city council pursuant to Chapter 17.66 of this title.

(Ord. 1234 § 5, 2005; Ord. 1115 § 18, 1995)

(Ord. No. 1313, § 4, 3-22-11; Ord. No. 1412, § 5(Exh. A), 5-14-19; Ord. No. 1466, § 83, 3-28-23)

17.60.028 - Modification of required yards.

The director may grant a modification of a required yard as follows:

A.

Reduction of open areas by permitting portions of a building to extend into a required yard by not more than ten percent;

B.

A modification of a required yard, as set forth in this section, may be granted pursuant to the approval of a minor conditional use permit pursuant to the provisions of Section 17.60.055 of this chapter;

C.

The determination of the director may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115 of this chapter, within fourteen days of the director's determination.

(Ord. 1177 § 4 (part), 2000)

(Ord. No. 1466, § 84, 3-28-23)

The purpose of any conditional use permit shall be to insure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same. The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this part, unless such use is designated as a permitted use in a particular zone.

A. Conditional Uses—All zones except the OS and R-C Zones.

Airports, landing fields, heliports, and helistops;

Borrow pits to a depth of over three feet;

Cemeteries;

Churches, temples and other places of worship, provided they shall be excluded from the C (commercial) zone, except as provided in Section 17.56.120 of this title;

Clubs, provided they shall be excluded from the R-1 and R-2 zones (see Section 17.36.020(F) of this title);

Columbariums, crematories and mausoleums;

Crops, field, tree, bush, berry, and row, including nursery stock, the growing of (see Section 17.20.020(H) of this title);

Educational institutions;

Equestrian establishments;

Open air theatres;

Race tracks and rodeos;

Recreational centers privately operated;

Trailer (mobile home) parks;

Fraternity;

Golf courses, privately owned;

Livestock, care and maintenance for commercial or noncommercial purposes;

Mortuaries;

Nonprofit organizations provided they shall be excluded from the C (commercial) zone except as provided in Section 17.56.120;

Parking lots, commercial;

Public utility facilities and utilities, to the extent the city is authorized to regulate the use of land under federal and state law;

Sewage disposal plants;

Sorority;

Swimming pools, hot tubs, spas and similar recreational facilities as a primary use;

Veterinarians, kennels and small animal hospitals.

B. Conditional Uses—R-1, R-2, R-3 and R-C Zones.

Maintenance of keeping of horses or mules, as enumerated in Chapter 6.08, "Animals Generally";

Any use permitted pursuant to Section 5116 of the Welfare and Institutional Code of the state of California (certain licensed residential care facilities for the elderly).

C. Conditional uses—R-2 development in the R-2 zone;

D. Conditional uses—R-E (R-3-13 with residential entrepreneurial overlay) zone and C (commercial) zone only in the portions of the C zone where residential uses are allowed;

Child care center/nursery school; Community care facilities, seven beds or more; Drug and alcohol recovery and rehabilitation facilities; Drug and alcohol treatment facilities; Facilities for preparole adjustment/rehabilitation; Residential care facility for the elderly with seven beds or more; Residential health care facilities (chronically ill) with seven beds or more. E. Wireless communications facilities, as provided in Chapter 17.93 of this title.

es, seven beds or more; Drug and alcohol recovery and rehabilitation facilities; Drug and alcohol treatment facilities; Facilities for preparole adjustment/rehabilitation; Residential care facility for the elderly with seven beds or more; Residential health care facilities (chronically ill) with seven beds or more. E. Wireless communications facilities, as provided in Chapter 17.93 of this title.

(Ord. 1247 § 7, 2006; Ord. 1214 § 2 (Exh. 1 (part)), 2004; Ord. 1177 § 4 (part), 2000; Ord. 1135 § 5, 1996; Ord. 1133 § 5, 1996; Ord. 1116 § 4, 1994; Ord. 1113 § 4, 1994; Ord. 1084 § 1 (part), 1992; Ord. 1079U § 3, 1991; Ord. 1062 § 2, 1990; Ord. 1037 § 6, 1988; Ord. 1033 § 3, 1987; Ord. 1006 § 2, 1983; Ord. 996 § 7, 1982; Ord. 975 § 2, 1980; Ord. 960 § 2, 1978; prior code § 9810)

(Ord. No. 1296, § 3, 7-28-09; Ord. No. 1313, § 4, 3-22-11; Ord. No. 1385, § 2, 2-14-17; Ord. No. 1389, Exh. A, §§ 23—26, 7-11-17; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1441, § 2(Exh. B), 5-11-21; Ord. No. 1466, § 85, 3-28-23)

17.60.040 - Burden of proof.

Before any conditional use permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:

A.

That the site for the proposed use is adequate in size, shape, topography, and location;

B.

That the site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use;

C.

That the proposed use is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties;

D.

That there is a demonstrated need for the use requested;

E.

That the proposed use is consistent with the general plan, zoning and other applicable codes;

F.

That the use at the location requested would benefit the public interest and convenience.

(Ord. 1084 § 1 (part), 1992: prior code § 9811)

(Ord. No. 1375, § 5, 2-9-16; Ord. No. 1389, Exh. A, § 27, 7-11-17)

Editor's note— Ord. No. 1389, Exh. A, § 27, adopted July 11, 2017, changed the title of § 17.60.040 from "Conditional use permits—Burden of proof" to read as herein set out.

A.

Purpose. The purpose of an administrative design review permit is to ensure that an applicable project incorporates good design principles and is compatible with its neighborhood and natural surroundings.

B.

Reviewing Authority. Except as otherwise provided by this chapter, the reviewing authority for an administrative design review permit application shall be the director. The reviewing authority shall approve, conditionally approve, or deny an application for an administrative design review permit or a design review permit in writing. Any reference to design review permit in this title shall mean the same as administrative design review.

C.

Review Procedure. An administrative design review permit shall be noticed, processed and may be appealed in compliance with the requirements for a minor conditional use permit; provided however, that the director may refer any application for an administrative design review permit to the planning commission at the director's sole discretion. An application that has been referred to the planning commission for a design review permit shall be noticed, processed and may be appealed in compliance with the requirements established for a conditional use permit.

D.

Findings. Before an administrative design review permit is granted, the reviewing authority shall make the following findings of facts:

1.

The proposed project is consistent with the general plan, zoning code and any applicable design standards.

The proposed project will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties.

3.

The height, bulk, scale, mass and siting of the proposed project is compatible with the existing neighborhood, landforms and surroundings.

4.

The proposed project reflects the scale of the neighborhood in which it is proposed and it does not visually overpower or dominate the neighborhood and is not ill-proportioned so as to produce either architecture or design that detracts from the foothill village setting.

5.

The proposed project neither unreasonably interferes with public views or the views and privacy of neighbors, produces unreasonable noise levels, nor causes material adverse impacts.

6.

The proposed project exhibits a coherent project-wide design, and each structure or portion thereof (especially additions) on the site is compatible with other portions of the project, regardless of whether the same are publicly visible.

7.

For proposed projects seeking relief from development standards, where allowed, to accommodate characteristics of an identifiable architectural style (such as additional height pursuant to subsection 17.20.027(A)), the proposed project adheres to the norms of such identifiable architectural style and that such style is consistently carried through on all elevations of the building, regardless of whether the same are publicly visible.

8.

For proposed projects that require discretionary review due to exceeding size thresholds (pursuant to subsections 17.20.027(C), 17.30.045(B), 17.28.070(A)1 or similar), that the proposed is a superior project that would enhance its neighborhood and exhibit exceptional design through a combination of most, if not all, of:

a.

Innovative, thoughtful and/or noteworthy architecture that is responsive to the specific site, rather than standard, generic, or "cookie-cutter" plans;

b.

Where applicable, adaptive reuse or other preservation and restoration of historic structures;

c.

Preservation of the natural landscape to the extent possible by such means as minimizing grade changes and retaining protected and specimen trees;

d.

Siting of structures in keeping with landforms and so as to maximize open space, public views, and neighbor views and privacy;

e.

High quality architectural details and building materials compatible with the overall project design; and

f.

Sustainable building and landscaping practices, especially water-saving features.

E.

Compatibility. As used in this section, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean repetition of building style or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and an applicant's thoughtful response to them within the design. Compatibility is often more easily and naturally achieved by reuse and renovation of existing structures; hence, for additions and expansions, compatibility with existing structures should also be considered.

F.

Applicability in Relation to Other Standards. This section is not meant to be a perfunctory review of projects which comply with other development standards. Rather it is meant to impose significant, separate, and additional burdens on proposed projects with the understanding that in many cases satisfying such burdens may call for significantly reduced development intensity than is allowed otherwise under this title. By way of illustration and not limitation, (i) so as not to unreasonably interfere with views and privacy, a project proposed on a narrow or irregularly shaped parcel may accommodate significantly less second story floor area than would otherwise be allowed; (ii) so as not to unreasonably interfere with views and privacy, a proposed project with significant second story floor area may need to be set back farther from lot lines than otherwise allowed; (iii) to ensure compatibility with and not to visually overpower or dominate the neighborhood, the floor area of a proposed project in a neighborhood predominated by smaller homes may need to be much lower than allowed by objective criteria; (iv) to ensure compatibility with landforms, a project proposed on a parcel with steep slopes or irregular topography may have much more limited siting options than setback standards would allow and may need reduced height and/or floor area; and (v) to exhibit exceptional design through noteworthy architecture, the floor area of a proposed project may need to be much lower than allowed by objective criteria in order to allow space for articulation, variation in massing, covered porches, and other enhancing architectural features.

G.

Application. All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board. Standard two-dimensional building elevations and other similar graphic materials will typically suffice for administrative design review permits. However, for design review permits, it is recommended that applicants provide materials in addition to those otherwise required in order to demonstrate that their proposed projects satisfy the foregoing burdens. Such materials may include, but are not limited to, three-dimensional perspective renderings from multiple angles; photo simulations showing the sited project in relation to neighboring structures and landforms; comparisons of proposed building size, height, setbacks, etc. to surrounding structures; story poles; material and color boards; information on energy and water saving systems; and colored landscape plans showing protected and specimen trees and illustrating drought-tolerant landscaping, permeable paving and other water-saving features; and a narrative description prepared by the applicant and/or architect describing how the application meets the required findings. For applications for which finding D.8. above is applicable, all project plans shall be prepared and stamped by a licensed architect, and such licensed architect shall prepare the narrative description with emphasis on the application's compliance on finding D.8.

(Ord. 1115 § 17, 1995)

(Ord. No. 1375, § 6, 2-9-16; Ord. No. 1389, Exh. A, § 28, 7-11-17; Ord. No. 1434, § 2(Exh. A), 11-10-20; Ord. No. 1455, § 7(Exh. F), 5-24-22; Ord. No. 1466, § 86, 3-28-23)

Editor's note— Ord. No. 1389, Exh. A, § 28, adopted July 11, 2017, changed the title of § 17.60.041 from "Additional burden of proof for permits for certain noted projects" to read as herein set out.

17.60.050 - Conditional use permits—Exemption.

A.

Application of Division—Permitted Use. Notwithstanding the provisions of this chapter, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.

B.

Nonconformity. None of the uses enumerated in Section 17.60.030, for which a conditional use permit is required, shall be deemed nonconforming if:

1.

The same complied with the zoning regulations in effect on June 14, 1977;

2.

The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 17.60.030; and

There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located; and

4.

The existing valid horse-keeping license has been reviewed under the provisions of Sections 17.60.060 through 17.60.050 prior to December 1, 1978, and a conditional use permit approved for the use.

C.

Effect of Grant of Conditional Use Permit. Where a conditional use permit is granted for one or more uses on a lot, no other use, building or structure shall be located or maintained upon such lot, unless allowed pursuant to the provisions of the conditions of approval imposed upon the issuance of such permit.

(Ord. 1084 § 1 (part), 1992: Ord. 960 § 3, 1978; prior code § 9812)

Uses, activities and development standards listed in sections of this title as permitted subject to the granting of a minor conditional use permit may be approved by the director, without a public hearing, pursuant to the following provisions:

A.

Application and Fees. An application for a minor conditional use permit shall be filed by the owner of the property (or authorized agent) for which the permit is requested on forms furnished by the planning and community preservation department. The applicant shall submit the appropriate fee in conjunction with the submittal of an application, the amount of which is determined by resolution of the city council.

B.

Posted Notice. A notice that a minor conditional use permit is to be considered shall be mailed to all property owners within a three hundred-foot radius of the property where the minor conditional use permit is proposed. The notification shall describe the proposed minor conditional use permit and shall provide a comment period of not less than fourteen calendar days. Additionally, signage shall be posted in accordance with Section 17.60.100B.; however, references therein to the planning commission's decision on a conditional use permit shall be interpreted as the director's decision on the minor conditional use permit.

C.

Determination. Upon consideration of any comments received, the director may approve, conditionally approve, or deny the proposed minor conditional use permit pursuant to the following findings:

1.

That the proposed request will not be detrimental, or otherwise be inconsistent with the character of its neighborhood;

That the site of the proposed request is adequate in size, shape, topography and location to accommodate the request;

3.

That the proposed request is neither detrimental to the public health, safety and general welfare, nor will unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent property owners;

4.

That there is a demonstrated need for the use requested;

5.

That the proposed request will be arranged, designed, constructed, operated and/or maintained so as to be compatible with the intended character of the surrounding area and shall not change the essential character of the surrounding area from that intended in the general plan.

D.

Conditions of Approval. When approving or conditionally approving a minor conditional use permit, the director shall designate conditions deemed necessary to protect the public health, safety and general welfare.

E.

Notification of Determination. Within three days upon the determination by the director to approve, conditionally approve or deny the requested minor conditional use permit, notification of the determination shall be mailed to all property owners within a three hundred foot radius of the property where the minor conditional use permit has been requested. In addition, notification of the director's determination shall also be provided to the applicant, council and planning commission.

F.

Appeal. The determination of the director may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115, within fourteen days of the director's determination.

(Ord. 1177 § 4 (part), 2000)

(Ord. No. 1375, § 7, 2-9-16; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1466, § 87, 3-28-23)

17.60.056 - Discretionary demolition permit.

A.

Purpose. The purpose of the discretionary demolition permit is to ensure that potential historic resources are properly evaluated before they are altered or demolished.

B.

Definitions. For purposes of this section, the following words and phrases shall have the meanings assigned by this section.

"Altered or demolished" means the destruction and removal, in part or in whole, of the foundation, exterior walls, roof structure, exterior framing, exterior siding and/or finish cladding material, porches, chimney and architectural details.

"Fire hardening update" means construction or replacement of existing materials with building materials (i) used to resist the intrusion of flames or embers projected by a wildland fire on an existing structure and (ii) reasonably in keeping with the style of existing materials. A list of the replacement building materials shall be retained by the department and approved by either the state fire marshal or the Sierra Madre Fire Marshal.

"Historic resource evaluation report" means a written historic assessment or survey, prepared by a qualified architectural historian who is certified by the secretary of the interior's standards and selected or approved by the planning and community preservation department, which classifies the structure under California Historic Resource Codes and concludes whether any local designation criteria apply.

"Preservation candidate" means a structure which was constructed seventy-five years or more prior to the date of the application for review. The date of original construction shall be determined by reference to the "Year Built" data field in records held by the county assessor, unless the city retains a building record that identifies a more accurate date of original construction.

C.

Pre-application review. Prior to submitting an application, the prospective applicant shall meet with the department for staff to determine whether the proposed demolition relates to a preservation candidate, qualifies for a certificate of economic hardship in accordance with subsection 17.60.056(H), or is exempt from a discretionary demolition permit under any of the following:

1.

The proposed demolition is not visible from public view;

2.

The proposed demolition is limited to the interior walls of a structure;

3.

The proposed demolition is of a historic landmark pursuant to a certificate of appropriateness obtained under Section 17.82.090;

4.

The proposed demolition is solely for the purposes of a fire hardening update;

5.

Any demolition where both of the following are true:

a.

The concurrent replacement development project is a use by right within the respective zone; and

b.

A historic resource evaluation report classifies the structure under California Historic Resource Code 6, as not historically significant at either the national or state level, and determines that no local designation criteria apply;

6.

Any other bases, not specifically enumerated in exemptions 1—5 above, if the director determines, based on the definitions and permitting processes in the code, that a specific case meets the intent of one or more of the exemptions.

D.

Application Process. The applicant shall complete a discretionary demolition permit application, which shall include:

1.

A historic resource evaluation report;

2.

Proof of payment of all application filing fees;

3.

If a replacement development project is proposed, a complete application for the replacement development project; and

4.

An affidavit of the posting of a sign that complies with subsection 17.60.056(E).

E.

Public Notice and Comment.

1.

Public notice shall be given in accordance with subsection 17.60.100(B), except as modified herein. If the replacement development project is not subject to a public hearing and review by the planning commission, then the notice shall indicate a timeframe of at least fourteen calendar days so that the public may review the application and its supporting materials.

2.

Written comments regarding the application may be provided to the planning and community preservation department, and such comments will be forwarded to the reviewing body for consideration.

F.

Review and Approval Process.

1.

Both the discretionary demolition permit and the replacement development project shall be reviewed concurrently. No discretionary demolition permit shall be approved unless the replacement development project is also approved.

2.

The reviewing body or individual for a discretionary demolition permit shall be the same body or individual that would review the accompanying replacement development project. The director shall review the discretionary demolition permit, unless the replacement development project is subject to the approval of the planning commission. The director shall have the discretion to refer any application to the planning commission for review.

3.

Written notice of a decision, including the basis for the decision, shall be provided to the applicant within five business days of the decision date.

G.

Exceptions. The following do not require a discretionary demolition permit:

1.

The proposed demolition will result in the replacement of exterior windows, doors, roof covering, foundation, exterior siding and/or finish cladding material, porches, chimney, architectural details and other structural or decorative elements deemed to be minor alterations, where the materials used for replacement do not materially alter the appearance, size, or character of the existing structure;

2.

The proposed demolition is on a parcel that was developed as part of a residential subdivision of land creating five or more residential parcels and was not the work of a notable architect, designer, or builder;

3.

The city engineer provided a written determination that the proposed demolition is necessary to immediately abate an imminent threat to public health or safety;

4.

The proposed demolition only affects well-documented additions or alterations that are not original to the structure; or

5.

The proposed demolition of the structure that does not meet the architectural criterion under subsection 17.82.050(B).

H.

The director may grant a certificate of economic hardship upon making the following findings:

1.

The strict in-kind material replacement is disproportionate to the value of the property;

2.

The cost of the stabilization of the building elements of the property as it relates to the appraised value has been submitted for review to and accepted by the director.

I.

Reserved.

J.

Findings. To approve a discretionary demolition permit, the reviewing individual or body shall make the following findings:

1.

The application is not subject to any of the exemptions under subsection 17.60.056(C) or any of the exceptions under subsection 17.60.056(G).

2.

If the structure proposed for demolition is deemed to be eligible for local listing or designation under the California Historic Resource Codes 1 to 5, or a contributor to an existing or potential district, that an environmental review and/or a historic resource evaluation report is conducted.

3.

The proposed demolition will not unreasonably interfere with the use, possession, or enjoyment of surrounding and adjacent properties;

4.

If there is a replacement development project, the proposed demolition is necessary to facilitate that replacement development project; and

The result of the demolition activity is consistent with the objectives of the general plan.

K.

Appeal.

1.

Any person may appeal a decision of the director to the planning commission pursuant to Section 17.60.115.

2.

Any person may appeal a decision of the planning commission to the city council pursuant to Sections 17.60.120 and 17.60.130.

(Ord. No. 1484, § 2, 9-9-25)

Editor's note— Ord. No. 1484, § 2, adopted September 9, 2025, repealed the former § 17.60.056, and enacted a new § 17.60.056 as set out herein. The former § 17.60.056 pertained to similar subject matter and derived from Ord. No. 1363, § 2, adopted March 24, 2015; Ord. No. 1386, Exh. A, § 1, adopted Feb. 28, 2017; Ord. No. 1412, §§ 6, 7(Exh. A), adopted May 14, 2019; Ord. No. 1441, § 5(Exh. B), adopted May 11, 2021.

If multiple concurrent applications that call for different reviewing authorities are made for the same project, the applications shall be noticed and processed together and reviewed by the highest required authority. For example, if a project requires a design review permit and a minor conditional use permit, both such applications shall be noticed and processed together, and reviewed together in a public hearing by the planning commission. Before the project could move forward, the planning commission would need to make the required findings for the design review permit set forth in Section 17.60.041(D) and those for the minor conditional use permit set forth in Section 17.60.055(C). The action of the planning commission could then be appealed to the city council pursuant to Section 17.60.120 (note that Sections 17.60.055(F) and 17.60.115 would not apply to an appeal of the minor conditional use permit as the matter would have already been reviewed by the planning commission).

(Ord. No. 1389, Exh. A, § 29, 7-11-17)

Applications for a zone variance, conditional use permit, shall be filed by the owner of the property affected thereby, or his agent, with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this part.

The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as hereinafter provided. The director may provide the radius map and mailing list for a fee to be set by the city council.

(Ord. 1084 § 1 (part), 1992: prior code § 9820)

Each such original application, modification application or appeal, shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon; provided, that there shall be no refund of fees.

(Ord. 1084 § 1 (part), 1992: prior code § 9821)

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director. Hearings may be continued from time to time by the commission or council, as it may deem necessary.

(Ord. 1084 § 1 (part), 1992: prior code § 9822)

The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to insure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare, and the provisions of this chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 9823)

Notice of the time and place of public hearings before the planning commission and city council on zone variance and conditional use permit applications shall be made as follows:

A.

Mailed Public Notice. Public notices shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

B.

Posting of Property. A notice of public hearing sign, meeting the criteria set forth below, shall be posted a minimum of fourteen days prior to the scheduled public hearing, and the sign shall remain in place until the expiration of the appeal period following a decision by the planning commission. If an appeal to the city council is filed, a new public hearing sign complying with this section shall be posted. Failure to post the

sign on the property by the applicant shall result in the automatic continuance of the project to the next available planning commission or city council meeting. The sign shall be posted in the following manner:

1.

The sign shall be located in a conspicuous place on the property abutting a public or private street or alley not more than ten feet inside the property line.

2.

The sign shall be twelve feet square in sign area, generally measuring three feet by four feet.

3.

The sign shall not exceed six feet in height from the ground level; provided that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be permitted with the approval of the director to ensure visibility of the sign from the public right-of-way.

4.

The sign shall not be illuminated.

5.

The size, style, number, and color of the sign's lettering shall be the specifications approved by the director, and the director may approve deviations to these requirements in order to meet the intent of these noticing provisions.

6.

Support elements for the sign shall be made of four-inch by four-inch wood posts, or similar; provided however, that a sign may be posted in a window, on a fence, or on a building wall when there is an existing structure on-site that is set back less than ten feet from the street.

7.

A building permit shall not be required for the posting of a sign installed in compliance with this subsection.

8.

The applicant shall submit proof of posting to the director or his or her designee in the form of a signed affidavit and a photograph of the sign.

9.

Any costs associated with complying with this subsection shall be borne by the applicant.

C.

Contents of Notice. Such notices shall describe the subject property, identify the project case number, and contain a brief description of the proposed project and the date, time and place of the public hearing.

(Ord. 1177 § 4 (part), 2000: Ord. 1084 § 1 (part), 1992: prior code § 9824)

(Ord. No. 1305, § 1, 2-9-10; Ord. No. 1466, § 88, 3-28-23)

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission, by resolution, shall approve, conditionally approve or deny the same. Said resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant and to any other person requesting the same.

(Ord. 1084 § 1 (part), 1992: prior code § 9825)

Any determination of the director may be appealed to the planning commission, pursuant to the provisions of this section, within fourteen days of the director's determination. Upon receiving a notice of an appeal of the determination of the director by any aggrieved party, the following provisions shall apply:

A.

Appeal Fee. An appeal fee shall be required as set forth in the fee schedule adopted by city council resolution.

B.

Consideration of the Appeal. The director shall schedule the matter to be considered by the planning commission at the first available planning commission meeting. Public notice of the consideration of the appeal by the planning commission shall be distributed pursuant to the public notice requirements of the action being appealed.

C.

Determination of the Appeal. Upon receipt of the appeal, the planning commission shall consider all evidences and information upon which the director made the determination, including all relevant public testimonies, and adopt one of the following actions:

1.

Affirm the determination of the director and deny the appeal;

2.

Uphold the appeal, thereby reversing the determination of the director; or

3.

Modify the determination of the director as deemed appropriate.

D.

Appeals of decisions of the planning commission shall be made pursuant to the provisions of Section 17.60.130 and Chapter 17.66 of this title.

(Ord. 1234 § 6, 2005; Ord. 1177 § 4 (part), 2000: Ord. 1115 § 16, 1995)

(Ord. No. 1466, § 89, 3-28-23)

17.60.120 - Appeal.

A.

The resolution of the planning commission granting or denying a zone variance or conditional use permit shall become final on the tenth business day following its adoption unless:

1.

Within such time an appeal, in writing, is filed with the city council, by the applicant or any other interested person in the manner set forth in Chapter 17.66 of this title;

2.

Within such time a call for review is made in the manner set forth in Chapter 17.66 of this title.

B.

The decision of the commission shall be final and conclusive in the absence of a timely filed appeal. The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.

C.

Appeals of the planning commission decision shall require the filing of a fee as set forth in Chapter 17.66 of this title.

(Ord. 1234 § 7, 2005: Ord. 1139 § 2(B), 1997; Ord. 1084 § 1 (part), 1992; Ord. 1004 § 1, 1983: Ord. 998 § 1, 1983: prior code § 9826)

Upon receiving a notice of appeal, or call for review of a decision of the planning commission, the city council shall either:

A.

Affirm the action of the planning commission;

B.

Refer the matter back to the planning commission with or without instructions for further proceedings;

C.

Alter the action of the planning commission in the manner it shall determine is necessary to comply with this code and other applicable law; or

D.

Notice of the city council's decision shall be made by the city clerk within the time set forth in Chapter 17.66 of this title.

(Ord. 1234 § 8, 2005: Ord. 1084 § 1 (part), 1992; Ord. 1004 § 2, 1983: prior code § 9827)

Inadvertent failure to give notice in the manner prescribed herein shall have no effect upon any proceeding before the commission or the council.

(Ord. 1139 § 2(C), 1997; Ord. 1084 § 1 (part), 1992; Ord. 917 § 3 (part), 1974: prior code § 9829)

17.60.160 - Revocation of variances and conditional use permits.

A.

Upon recommendation by the director, the body which initially granted a zone variance or conditional use permit shall conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

1.

That the variance or permit was obtained by fraud;

2.

That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment;

3.

That the permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 17.60.120 of this chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 9830)

Any zone variance or conditional use permit shall be null and void if the use granted thereby is not commenced within the time specified in the resolution approving such zone variance or conditional use permit, or, if no time is so specified, if commencement does not occur within one year from the date said zone variance or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed pursuant to this section, once, for a period of not to exceed one year. Provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such variance or permit, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.

(Ord. 1084 § 1 (part), 1992: prior code § 9831)

In the event that construction which is inconsistent with a conditional use permit or variance is performed, the first three applications for an amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of twice the rate of the current city rate for obtaining a conditional

use permit or variance. Subsequent applications for making application for a conditional use permit or variance for all amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional penalty fee equal to that of five times the rate of the current city rate for obtaining a conditional use permit or variance.

A.

Procedures Prior to Imposition of Penalty Fees. No penalty shall be imposed pursuant to this subsection until city staff determines that unauthorized construction has occurred and the applicant or property owner or a representative of the applicant or property owner has been given an opportunity to discuss that determination with the director.

B.

Refund of Penalty and Fees. The penalty and application fees shall be refunded if the planning commission finds that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

C.

Appeal to the City Council. If the planning commission finds that the construction was inconsistent with the conditional use permit or variance, the applicant may appeal that determination to the city council in the manner and within the time set forth in Chapter 17.66 of this title. The penalty, application and appeals fees shall be refunded if the city council determines that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

D.

Judicial Review. If the city council determines that the construction was inconsistent with the conditional use permit or variance, that determination shall constitute a final administrative action of the city and the applicant may seek judicial review of that decision in the manner provided by law.

E.

Removal of Unauthorized Construction. Payment of the penalty shall not preclude the city from disapproving an amendment and requiring the applicant to bring the construction into conformity with the previously approved conditional use permit or variance.

F.

Violation—Misdemeanor. The penalties for violating any of the provisions of this chapter, and/or any condition of any entitlement or permit granted under this chapter, are as set forth in Section 1.12.010 of this code.

(Ord. 1234 § 10, 2005; Ord. 1130 § 1, 1996)

(Ord. No. 1466, § 90, 3-28-23)

Any condition imposed upon the granting of a zone variance or conditional use permit, including a zoning approval granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be modified or eliminated, or new conditions may be added; provided, that the body which granted the zone variance or conditional use permit which is the subject of the modification proceeding shall first conduct a public hearing thereon, noticed in the same manner as was required for its initial granting. No such modification shall be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the zone variance or conditional use permit, as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal in the time and manner set forth in Chapter 17.66 of this title.

(Ord. 1234 § 11, 2005: Ord. 1084 § 1 (part), 1992: prior code § 9832)

Chapter 17.61 - REASONABLE ACCOMMODATION

Sections:

In accordance with the federal Fair Housing Act and the California Fair Employment and Housing Act ("the acts"), it is the policy of the city to provide people with disabilities reasonable accommodations as necessary to ensure equal access to their dwelling unit and/or place of business. The purpose of this section is to provide a clear and defined process for people with disabilities to make reasonable accommodation requests from existing standards in the city's development code.

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

Any person with disabilities, or his or her representative, may request a reasonable accommodation from the application of a land use or zoning regulation, policy, practice or procedure when necessary to afford such persons equal opportunity to use and enjoy their dwelling unit or place of business. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under either of the acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.61.030 (Application - Contents).

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

17.61.030 - Application—Contents.

A.

Application. A person with disabilities or his/her representative who desires to request a reasonable accommodation may file an application with the department. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. An application for a reasonable accommodation from a land use or zoning regulation, policy, or practice shall be made on a form provided by the department. No fee will be required for a request for reasonable accommodation, but if the project requires another discretionary permit and environmental review, then the prescribed fee shall be paid for that discretionary permit and environmental review.

B.

If a project for which a reasonable accommodation request is made requires another discretionary approval, then the applicant may file the reasonable accommodation request together with the application for the other discretionary approval. The processing procedures of the non-reasonable accommodation discretionary approval shall govern the joint processing of both the reasonable accommodation request and the non-reasonable accommodation discretionary permit.

C.

Application Contents. In addition to the materials required under other applicable provisions of this code, the applicant is required to submit the following information with the application:

1.

The applicant's name, address, and telephone number.

If not the applicant, the identity of the person(s) with disabilities, and the applicant's relation to the person(s) with disabilities.

3.

Identification and description of the disability which is the basis for the request for reasonable accommodation. The applicant shall include current written certification of the disability and a description of the disability's effects on the individual's medical, physical or mental limitations.

4.

The current actual use of the property.

5.

The specific exception or modification to this development code, or other land use or development regulation, policy, or practice requested by the applicant.

6.

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy his or her residence or business. Where appropriate, the applicant shall include a summary of any alternatives to the reasonable accommodation.

7.

Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary for the review authority to reach a decision regarding the need for reasonable accommodation.

8.

Other supportive information deemed necessary by the city to facilitate proper consideration of the request so long as any request for additional information complies with state and federal law.

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

A reasonable accommodation request will be reviewed in accordance with the following procedures:

A.

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

1.

The requested accommodation is requested by or on behalf of one or more individuals with a disability protected by federal or state law.

The requested accommodation is necessary to provide accommodation as requested by or on behalf of one or more individuals with a disability protected by federal or state law.

3.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy their dwelling or business.

4.

The requested accommodation will not impose an undue financial or administrative burden to the city.

5.

The requested accommodation will not result in a fundamental alteration of a neighborhood's character or will not substantially undermine any express purpose of the General Plan or any applicable specific plan.

6.

The requested accommodation will not, under the specific facts of a case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

In making these findings, the review authority may approve alternative reasonable accommodations which provide an equivalent level of use and enjoyment.

B.

Conditions. Any modifications granted for an individual with a disability may, at the discretion of the review authority, be considered as a personal accommodation for the individual applicant and may, at the determination of the review authority, not run with the land. The conditions of approval may, where deemed appropriate, provide for any or all of the following:

1.

Inspection of the affected property periodically, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.

2.

Prior to any transfer of interest in the property, notice to the transferee of the existence of the modification, and the requirement that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.

3.

Other necessary conditions deemed necessary to protect the public health, safety, and welfare.

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

17.61.050 - Review authority.

A.

Director's Review. Requests for reasonable accommodation shall be reviewed by the director, or his or her designee, if no discretionary approval is sought other than the request for reasonable accommodation.

The director shall issue a written decision on a request for reasonable accommodation within forty-five days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in section 17.61.040.

If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five day period to issue a decision is stayed until the applicant responds to the request.

B.

Concurrent Review. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application excluding applications for discretionary design review. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the review authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.61.040 of this section.

(Ord. No. 1323, § 1(Exh. A), 10-25-11; Ord. No. 1412, § 8(Exh. A), 5-14-19)

17.61.060 - Appeal of determination.

A determination by the reviewing authority to grant or deny a request for reasonable accommodation is appealable to the planning commission in compliance with Chapter 17.66 ("Appeals and Calls for Review").

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

Unless the review authority determines a reasonable accommodation runs with the land, a reasonable accommodation shall lapse if the rights granted by it are discontinued for one hundred and eighty consecutive days. If the person initially occupying a residence or business vacate, the reasonable accommodation shall remain in effect only if the director determines that (i) the modification is physically integrated into a structure and cannot easily be removed or altered to comply with the municipal code; (ii) its removal would constitute an unreasonable financial burden; and (iii) the accommodation is necessary to give another person with disabilities an equal opportunity to enjoy the dwelling or business. The director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the director shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

(Ord. No. 1323, § 1(Exh. A), 10-25-11)

Chapter 17.64 - AMENDMENTS

Sections:

Boundaries of zones established by this title, the classification of property uses therein, or other provisions of this title may be amended whenever public necessity and convenience and general welfare require.

(Prior code § 9850)

A.

Amendments of the provisions of this title or the reclassification of specific properties from one zone to another shall be initiated only in one of the following ways:

1.

By motion of the city council;

2.

By motion of the commission;

3.

With reference to the reclassification of specific real property, by the owner thereof, or his/her authorized agent, or by any public utility which has commenced the exercise of its power of eminent domain with regard to such property; or

4.

With reference to an amendment to specific regulations by any person who is a resident of the city or an owner of property within the city.

B.

Nothing contained herein shall be deemed to prevent the city council from taking action pursuant to Section 65858 of the Government Code.

(Ord. 1084 § 1 (part), 1992; prior code § 9851)

The director shall prepare a suitable applicable form, entitled "Request for Zone Change," and shall assist any applicant in preparing the request form. Any such application shall be accepted for filing by the director

only upon the payment by the applicant of a filing and processing fee in a sum set by the council. Any applicant may, in writing, withdraw his/her request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. 1084 § 1 (part), 1992; prior code § 9852)

The commission shall conduct a noticed public hearing on each proposed amendment. The secretary of the commission shall give notice of such hearing.

The applicant, where mailings are required, shall supply the director with a list of the names of the property owners who own property within three hundred feet of the external boundaries of the subject property.

(Ord. 1084 § 1 (part), 1992; prior code § 9853)

A.

After conducting a hearing on any proposed amendment, the commission, based upon its decision as to whether the public interest, convenience and necessity so require, shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted, as requested;

2.

Recommend to the city council that the requested amendment be granted in part, or as modified by the commission; or

3.

Deny the requested amendment.

B.

The commission's action shall be by resolution. Where the commission's action is to deny the requested amendment, such decision shall be final and conclusive in the absence of an appeal, as hereinafter provided. Where the commission's recommendation is made pursuant to subsection (A)(1) or (2) of this section, the entire matter requested or initiated shall be considered by the council.

(Ord. 1084 § 1 (part), 1992: prior code § 9854)

The decision of the planning commission, in the case of a denial of a proposed amendment, shall be final and conclusive in the absence of an appeal taken in the time and manner specified in Chapter 17.66 of this title.

Upon the timely filing of an appeal, together with the payment of a fee in an amount set by the city council, the city clerk shall immediately advise the secretary of the commission thereof, who shall thereupon transmit to the city clerk the commission files in connection with matter.

(Ord. 1234 § 12, 2005: prior code § 9855)

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another where it finds that such conditions must be imposed so that such reclassification shall not create problems inimical to the public health, safety and general welfare of the city.

(Ord. 1084 § 1 (part), 1992: prior code § 9857)

Chapter 17.66 - APPEALS AND CALLS FOR REVIEW

Sections:

Any matter that may be appealed to the city council under this title or Title 16 of this code, including, but not limited to, those determinations or actions appealable pursuant to Sections 17.28.330, 17.64.060, and Chapter 17.60 of this title, may be appealed or called for review, as provided by this chapter.

(Ord. 1256 § 1 (Exh. A (part)), 2006: Ord. 1234 § 14 (part), 2005)

Determinations and actions that may be appealed or called for review, and the authority to act upon an appeal or call for review shall be as follows:

A.

Code Administration and Interpretation. The following actions of the director and department staff may be appealed to the commission and then appealed to or called for review by the city council:

1.

Determinations of the meaning or applicability of the provisions of this title or Title 16 of this code that are believed to be in error, and cannot be resolved by staff;

2.

Any determination pursuant to Government Code Section 65943 that a permit application or information submitted with an application is incomplete; and

3.

Any enforcement action pursuant to this title or Title 16 of this code.

B.

Land Use Permit and Hearing Decisions. Decisions of the director on zoning clearances, plan reviews, variances, conditional use permits, minor development permits, administrative hillside development permits, and hillside development permits may be appealed to the commission. Decisions by the commission may be appealed to or called for review by the council.

(Ord. 1257 § 1, 2006; Ord. 1256 § 1 (Exh. A (part)), 2006: Ord. 1234 § 14 (part), 2005)

17.66.030 - Generally.

A.

Appeals. To avoid results that are inconsistent with the purposes of this code, any order, requirement, decision, determination, interpretation or ruling of the planning commission may be appealed to the city council. Appeals may be initiated by any interested party, unless otherwise prescribed by this code. In the case of a land use permit or hearing decision described in Section 17.66.020(B) of this chapter, an appeal may be filed by anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

B.

Calls for Review. Any order, requirement, decision, determination, interpretation or ruling of the planning commission may be called for city council review upon written request of two members of the city council.

(Ord. 1234 § 14 (part), 2005)

A.

Filing of Appeals. A notice of appeal shall be in writing and shall be filed in duplicate in the office of the director upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation by the planning commission in the administration or enforcement of the provisions of this title or Title 16 of this code must set forth specifically where there was an error or abuse of discretion or where an application did meet or fail to meet, as the case may be, those qualifications or standards set forth in this code, as being prerequisite to the granting of any application.

B.

Calls for Review. A call for city council review may be initiated by any two members of the city council and shall be filed in writing with the director or noted in the minutes of a city council meeting and shall not state that the planning commission has committed error or otherwise suggest that the councilmembers seeking review have predetermined the matter to be heard by the council.

C.

Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved.

(Ord. 1234 § 14 (part), 2005)

17.66.050 - Processing of appeals and time for filing.

A.

Action and Findings.

1.

Appellate review under this code is de novo. Accordingly, when reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval that address other issues or concerns than the subject of the appeal.

2.

A decision by an appeal body may also be appealed, as provided by Section 17.66.020 of this chapter, provided that the decision of the city council on an appeal shall be final.

B.

Time for Filing. Appeals and calls for review shall be initiated in writing within ten business days after commission action.

C.

Judicial Review. The time within which judicial review of any final decision must be sought is governed by California Code of Civil Procedure Section 1094.6.

D.

Withdrawal of Appeal—Commission Actions. After an appeal of a commission decision has been filed, the appeal shall not be withdrawn, except with the consent of the council.

(Ord. 1234 § 14 (part), 2005)

A.

Appeals. An appeal shall be accompanied by a filing fee in an amount determined from time to time by city council resolution.

B.

Calls for Review. No fee shall be required for a call for review.

(Ord. 1234 § 14 (part), 2005)

17.66.070 - Procedures for appeals and calls for review.

A.

Scheduling. Within thirty days after the commission action, the city council shall schedule the appeal or call for review for hearing and decision and give notice of the date, time and place thereof to the applicant and the appellant, if any. Prior to the hearing, the director shall transmit to the city clerk a report of the findings of the commission and the director shall present at the hearing all exhibits, notices, petitions and other papers and documents on file with the commission. The hearing shall be held within sixty days after the commission action.

B.

Public Hearing and Notice. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice shall be given in the manner required for the decision being appealed or reviewed.

C.

Evidence. The hearing shall be de novo. At the hearing, the city council shall consider all pertinent materials, including all documents constituting the administrative record.

D.

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

E.

Required Findings, Decision and Notice. Following an appeal or review hearing, the city council may remand the matter to the planning commission for further consideration or may affirm in whole or in part, modify, or reverse the decision appealed or reviewed. If the city council does not remand the matter to the planning commission, it shall make the findings prescribed by this code and other applicable law for the matter in issue. The city council decision shall be made within thirty days of the hearing date. The city clerk shall mail notice of the city council decision to the applicant and to the appellant, if any, within five business days after the date of the decision.

(Ord. 1234 § 14 (part), 2005)

Chapter 17.68 - PARKING

Sections:

The standards hereinafter set forth shall be complied with at the time of construction of either new facilities or additions to existing facilities. In the case of additions to existing facilities, the increased parking

requirement shall be based only on the area of the addition. Parking spaces required hereby shall be continuously maintained as parking spaces and shall not be used for other purposes.

(Ord. 1119B § 5, 1995: prior code § 9650)

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

A commercial building nonconforming due to parking that is involuntarily damaged (as such term is defined in Section 17.56.070(B)), may be reconstructed without providing additional parking provided that reconstruction is permitted by the building code and that a building permit for the reconstruction is issued within twenty-four months after the date of involuntary damage (as such term is defined in Section 17.56.070(B)) and the construction is diligently pursued to completion.

(Ord. 1119B § 6, 1995)

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

17.68.020 - Parking spaces required.

A.

The number of off-street parking spaces required for residential uses shall be as follows:

1.

For each dwelling unit with a floor area (not counting parking area) up to one thousand square feet: one parking space.

2.

For each dwelling unit with a floor area (not counting parking area) greater than one thousand and up to three thousand five hundred square feet: two parking spaces.

3.

For each dwelling unit with a floor area (not counting parking area) greater than three thousand five hundred square feet: three parking spaces.

4.

For multi-family projects, guest parking shall be required at a ratio of one parking space per five dwelling units, rounded to the nearest whole number; provided however, that no guest parking shall be required for the first four dwelling units in each multi-family project. For example, a multi-family project with fifteen dwelling units would require two guest parking spaces (as the project would have eleven dwelling units subject to the guest parking requirement, multiplied by 0.2 equals 2.2, which would be rounded down to two).

5.

For each affordable unit, the number of required parking spaces shall be one fewer per dwelling unit than required by subsections 1 through 3 above, and no guest parking shall be required for a multi-family project that includes one or more affordable units.

6.

Parking for second units shall be provided in accordance with Chapter 17.22.

7.

Required parking for group living facilities subject to a conditional use permit shall be determined by the planning commission. In addition to other findings required in order to approve any such application, the planning commission shall also find the proposed group living facility will not unreasonably overload street parking or public parking facilities nor create a nuisance.

8.

Emergency shelters shall accommodate all staff working in the emergency shelter. One parking space for each employee or volunteer on duty, plus one space for every vehicle operated by the facility, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

B.

The number of off-street parking spaces required for non-residential uses shall be as follows:

1.

For new floor area, either by addition or new construction, (i) three parking spaces per one thousand square feet of prime storefront area, and (ii) one and one-half parking spaces per one thousand square feet of floor area outside the prime storefront area.

2.

No new parking shall be required for uses occupying an existing structure or portion thereof.

3.

Required parking for institutional uses subject to a conditional use permit or master plan shall be determined by the planning commission. In addition to other findings required in order to approve any such application, the planning commission shall also find the proposed institutional use will not unreasonably overload street parking or public parking facilities nor create a nuisance. Required parking for institutional uses that do not require a conditional use permit nor master plan shall be determined in accordance with subsections 1 and 2 above.

C.

In the following circumstances, a use that provides fewer than the number of off-street parking spaces required above or otherwise by this code may nonetheless be approved with a minor conditional use permit

in accordance with Chapter 17.60 upon the additional finding by the reviewing authority that such parking deficit will not unreasonably overload street parking or public parking facilities nor create a nuisance:

1.

A mixed-use project with uses that demand parking at different times or days, such as office and restaurant, retail and residential guest parking, or church and mid-week uses;

2.

Shared parking arrangements similar to above, but involving separate properties located within five hundred feet of each other, provided that such arrangement is memorialized in a written agreement satisfactory to the reviewing authority and city attorney, which agreement shall be recorded if required by the city attorney;

3.

Live/work or similar situations when a business operator or employee lives at the premises, and requiring separate parking for such person's commercial and residential uses would be redundant;

4.

Sidewalk or outdoor dining that enhances the downtown's dining and shopping experience and encourages pedestrian engagement;

5.

Projects that incorporate specialty retail, including stores selling products of local artisans and craftsmen, and other uses encouraged by the general plan;

6.

Adaptive reuse of existing structures, especially those that have historic significance;

7.

Projects that incorporate uses with significantly fewer occupants or employees than typical, such as warehouses, storage buildings, or electrical stations; and

8.

Other unique situations where requiring strict compliance with parking requirements would be inequitable.

In order to support the above finding, the reviewing authority may require a parking demand study prepared at the applicant's cost by an independent licensed traffic engineer and/or other reasonable materials and evidence.

D.

In certain other circumstances, Section 17.56.090(B) provides relief from required parking in connection with the reuse of existing structures and residential additions.

(Ord. 1119B § 7, 1995; prior code § 9651)

(Ord. No. 1336, § 2, 4-9-13; Ord. No. 1441, § 6(Exh. B), 5-11-21)

Editor's note— Ord. No. 1432, § 2(Exh. A), adopted Oct. 27, 2020, repealed § 17.68.030 which pertained to parking requirements for uses not specified, and derived from prior code § 9652.

Editor's note— Ord. No. 1432, § 2(Exh. A), adopted Oct. 27, 2020, repealed § 17.68.040 which pertained to parking provisions may be waived by commission, and derived from prior code § 9653.

Editor's note— Ord. No. 1432, § 2(Exh. A), adopted Oct. 27, 2020, repealed § 17.68.045 which pertained to shared parking provisions, and derived from Ord. 1119B § 9, adopted in 1995.

Editor's note— Ord. No. 1318, § 1, adopted Feb. 8, 2011, repealed § 17.68.050, which pertained to offstreet parking districts derived from Prior Code § 9654; and Ord. 1119B § 8, adopted 1995.

Editor's note— Ord. No. 1318, § 1, adopted Feb. 8, 2011, repealed § 17.68.055, which pertained to temporary suspension of § 17.68.050 and derived from Ord. 12228U § 1, adopted 2005.

The following general requirements shall apply:

A.

Vehicular Access. There shall be vehicular access from a dedicated and improved street or alley to required off-street parking facilities on the property where the off-street parking facilities are located, and the design of such access shall be approved by the city engineer to withstand traffic commensurate with usage. When planning commission review of an application is required, the planning commission, by conditions established at the time of such review shall specify the location and number of means of ingress and egress to property.

B.

Location. Off-street parking facilities shall be located as hereinafter specified, and further provided that when a parking lot is located on a site other than that on which the facility being served is located, an agreement approved by the city attorney reserving the site for parking purposes shall be recorded in the office of the Los Angeles County Recorder. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the building that such facility is required to serve:

1.

For single-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve.

2.

For duplexes and multi-family dwellings, parking facilities for residents shall be located on the same or immediately adjacent lot or building site as the buildings they are required to serve, and guest parking shall be located not more than five hundred feet therefrom. Uncovered parking areas (including those with unwalled carports) should be screened and otherwise incorporate attractive and appropriate landscaping.

3.

For group living facilities subject to a conditional use permit, parking facilities shall be located and designed as determined by the planning commission.

4.

For uses other than those specified above, parking facilities shall be located not more than five hundred feet from the building they are required to serve. Parking for non-residential uses should generally be located behind or under buildings, rather than in the front yard. Above-ground parking areas should be screened and otherwise incorporate attractive and appropriate landscaping. In addition to street access, businesses should provide pedestrian-friendly access from parking areas. Where possible, projects are encouraged to improve pedestrian access from public parking areas to commercial uses, particularly access from the parking lot on Mariposa Avenue to the commercial uses on the south side of Sierra Madre Boulevard, and to encourage the use of available public parking.

C.

Mixed Occupancies in a Building. In the case of mixed uses in a building or on a lot, the total requirements for the various uses are computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 17.68.020.

D.

Encouraged elements. In addition to auto parking provided and designed as required hereunder, the following parking-related items are encouraged: bicycle parking, other trip reduction programs, permeable paving and other water retention features, electric charging stations, short-term standing for delivery/carshare services, other car-sharing facilities, connecting pedestrian access ways and signage, and bus stop improvements. The reviewing authority may condition approval of requests for reduced parking pursuant to Section 17.68.020(C) on the provision of such encouraged items to the extent the reviewing authority finds that doing so is necessary to make the additional finding required under Section 17.68.020(C).

E.

Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape and

relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than sum of the various uses computed separately except as specified in Section 17.68.020.

(Prior code § 9655)

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

The development standards set out in the following sections shall be applicable to all newly created parking facilities and to facilities which are being substantially improved or altered.

(Prior code § 9656 (part))

A.

Design and development of all parking facilities shall also conform to the parking lot development design standards on file in the office of the city engineer. Parking facilities shall also have the following minimum dimensions:

1.

Each surface lot parking space: eighteen by nine feet (or eighteen by ten feet abutting a building, wall, or other obstruction);

2.

One-car garage: interior clearance of twenty by ten feet;

3.

Two-car garage: interior clearance of twenty by twenty feet;

4.

Three-car garage: interior clearance of twenty by thirty feet; and

5.

Width of parking lot drive aisle perpendicular to parking stalls: twenty feet.

B.

Unless otherwise provided in this code, no parking space either required or otherwise shall be located in any required front yard or side yard. Covered spaces shall conform to yard requirements for accessory buildings.

C.

Subject to subsections (D) and (N) below and other applicable safety requirements and standards, surface parking shall be screened by some combination of walls, plantings or earthworks appropriate in size and design to the setting. Special care should be afforded where large or commercial parking areas abut residential zones.

D.

Whenever a wall is located within ten feet of a street or alley or would interfere with safe egress from said property, that portion of the wall shall not exceed three feet in height.

E.

Except for parking facilities with less than six spaces, parking spaces shall be arranged so that vehicles need not back onto or across any public sidewalk for ingress to, or egress from, said spaces.

F.

All parking areas subject to vehicular traffic shall be paved with an all-weather surface, such as brick, special stones, asphaltic or concrete pavement. Permeable/pervious surfaces are encouraged.

G.

All parking areas shall be graded and drained to prevent the collection of water. Water from parking areas containing six or more parking spaces which drain to the street must be collected in a catch basin of adequate size and drained under the sidewalk and through the curb in a manner to be approved by the city engineer. Where practicable, catch basins should provide for water infiltration or reuse of captured rainwater.

H.

The planned circulation of vehicles in parking areas shall be arranged to permit vehicles to move into and out of the parking area without backing on to a public right-of-way. Parking areas may use a public alley for maneuvering provided sufficient aisle clearance to the opposite side of the alley is maintained.

I.

Circulation within the parking areas shall not require re-entering a public street to reach another portion of the same parking facility. Connection shall be provided between adjacent aisles within a parking facility.

J.

All circulation within a parking area must be adequately marked and posted at all times with signs and painted arrows together with any other necessary directional device to indicate one way travel and direction to exit.

K.

Pedestrian access, having a minimum clear width of five feet, shall be provided between a required parking area and a normal entrance to any structure for which the parking is furnished. Said access shall be as direct as reasonably practical.

L.

All pedestrian walkways shall be constructed of material equal to concrete or better in quality, such as brick, exposed and polished aggregate and inlaid stone. Timber inlays are prohibited.

M.

Appropriate entrance, exit and directional signs shall be posted and maintained.

N.

Each entrance and exit to the parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten feet to a person approaching such entrance or exit on any pedestrian walk or foot path.

O.

Properties subject to the R-1 zoning standards: The planned circulation of vehicles in parking areas shall be arranged to permit vehicles to move into and out of the parking area. For residential parking spaces, a minimum twenty feet of unobstructed back-up distance shall be provided; the back-up distance shall include the combination of private property and public right-of-way (street or alley) to allow for sufficient maneuvering. For garages that are located at the rear of the lot, minimum back-up clearance shall be provided as shown on Exhibit A.

P.

Unless otherwise noted in this chapter, a tandem parking arrangement shall not satisfy the required offstreet parking requirements for properties subject to the R-1 zoning standards.

Q.

Subject to fire code and other applicable health and safety requirements and standards, the standard width of a driveway serving residential uses in the R-1 and R-2 zones shall be as follows: (i) the minimum width for a driveway serving a garage at the rear of a lot shall be not less than ten feet uniform, unobstructed width; (ii) the maximum width for a driveway serving a one-car garage shall be twelve feet; and (iii) the maximum width for a driveway serving a two-car garage shall be twenty feet.

(Prior code § 9656(a))

(Ord. No. 1336, § 3, 4-9-13; Ord. No. 1412, §§ 9, 10(Exh. A), 5-14-19; Ord. No. 1432, § 2(Exh. A), 10-27-20; Ord. No. 1466, § 91, 3-28-23)

Parking areas shall incorporate attractive and appropriate landscaping. To the extent practicable, planting in parking lots shall conform with the following guidelines:

A.

Where more than twelve automobile spaces exist or are required on a lot or parcel of land, no less than three percent of the interior lot area shall be landscaped. At least one tree for every ten spaces or major fraction thereof shall be included in the development of landscaping. Planting along the perimeter of a parking lot will not be considered as a part of the three percent interior landscaping. All open areas between any wall and the property line shall be permanently landscaped and maintained.

B.

Where driveways or parking areas abut private property there shall be provided a landscaped border three feet in width and in addition there shall be provided therein large trees spaced fifty feet on center.

C.

Landscaping should adhere to the city's adopted water efficient landscape standards pursuant to Chapter 15.60, including, as appropriate, incorporating drought-tolerant plants, water-efficient irrigation systems, and water capture/infiltration features.

D.

A five-foot minimum width landscaped planter bed is required on all sides of the parking lot bounded by public street or alley, except those areas devoted to walks or driveways running perpendicular to said street or alley.

E.

Planting areas should be distributed throughout the entire lot as evenly as possible. Any plot plans showing the three percent landscaping in one or two large planting beds or concentrated on only one portion of the parking lot shall not be acceptable. Variations from this pattern may be granted when a different pattern would result in an overall aesthetic improvement of the project. Innovation in design of the parking spaces shall be used for planting purposes.

F.

An irrigation system shall be installed in all landscaped areas to insure proper maintenance of planting and landscaping. Hose bibs within one hundred feet of all landscaped areas may be substituted for an irrigation system.

G.

Where trees already exist on the property, the design should make the best use of this growth and shade. Such trees shall be protected by a tree well with a diameter sufficient to insure their continued growth. The three percent interior lot area landscaping standard included in this section may be reduced to compensate for the retention of such trees.

H.

Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than fifty feet apart for large trees nor more than thirty feet for small and medium size trees.

I.

Hose bibs shall be located in not more than two hundred-foot intervals to allow for hose watering reinforcement to the system.

(Prior code § 9656(b))

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

17.68.100 - Maintenance.

A.

All planting shall be permanently and regularly maintained free of debris and shall be maintained in accordance with a program outlined and accepted by the planning commission.

B.

All parking areas shall be kept clean and free of dust, mud or trash.

C.

All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view.

(Prior code § 9656(c))

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

17.68.110 - Lighting.

A.

All commercial or professional facility parking areas used after dark, containing six or more spaces, shall have ample lighting.

B.

No lighting standards shall exceed the height of twelve feet to the bottom of the reflector. Lighting shall be hooded and so arranged and controlled so as not to cause a nuisance either to street traffic or to the living environment, and shielded and directed away from adjoining properties and the night sky, and shall otherwise comply with the with the city's "Dark Sky" program and the relevant provisions of the general plan.

(Prior code § 9656(d))

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

Editor's note— Ord. No. 1432, § 2(Exh. A), adopted Oct. 27, 2020, repealed § 17.68.120, which pertained to permissible alternates, and derived from prior code § 9656(e).

To insure compliance with the standards set out in this section and established traffic engineering practices, anyone constructing or substantially improving or altering a parking lot containing five stalls or more, whether separate or in conjunction with a structure, shall obtain a parking lot permit from the director of planning. Prior to issuance of a parking lot permit, the following administrative procedures in plot plan requirements shall be met:

A.

Submit plot plan containing:

1.

Owner's name, current address and phone number;

2.

Scale of the plot plan, not smaller than one inch equals twenty feet;

3.

North point at top of page;

4.

All adjacent streets, alleys, buildings, parking areas, landscaping and walls;

5.

Sidewalks, curbs, gutters, driveways, and street trees;

6.

Location, dimension and height of buildings and structures and number of stores or feet in total floor area;

7.

Complete dimensional parking lot layout;

8.

All parking spaces, wheel bumpers and directional arrows clearly marked;

9.

The type and thickness of the paving for parking areas and walkways;

10.

A complete grading and drainage plan;

Proposed lighting system;

12.

The botanical names and common names of the plants and trees to be used and the size, quantity, and spacing of each tree, plant or shrub to be planted;

13.

A satisfactory method of irrigation for all planted areas. This may be manual or automatic irrigation system but consideration of laying out the watering system shall be given to water pressure, pipe sizes, types of irrigation, sprinkler heads, hose bibs, and volume of water required for areas to be irrigated;

14.

All industrial or commercial plot plans shall include maximum number of employees on largest shift, number and type of company vehicles and loading docks and doors on buildings;

15.

Landscape and irrigation plans must be prepared and signed by a registered landscape architect or qualified landscape contractor;

16.

Submit in detail a complete schedule of maintenance of all landscaping, i.e., state how many days of the month a gardener will attend to landscaping;

17.

Submit a schedule of parking lot surface maintenance including types of sweeping equipment to be used.

B.

Administrative regulations and information:

1.

The fee for a parking lot permit is set by city council resolution.

2.

A parking lot permit may be approved by the reviewing authority of the associated land use application, or if none, by the planning director.

3.

Staff level decisions may be appealed to the planning commission.

Diagrams of typical parking lot landscaping layouts are on file in the office of the city planner.

(Prior code § 9656(f))

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

Permits for temporary parking lots which need not meet the full standards for permanent lots may be issued and renewed on a six-month basis to cover a period not to exceed three years; provided, that a plot plan is submitted as required above; and provided, that the facility is surfaced and continuously maintained dirt, dust and weed free; that existing plant and materials are maintained; and that a bond in an amount to be determined by the city engineer be posted to insure the full compliance of the lot to the standards of this section or its removal at the end of the temporary permit period.

(Prior code § 9656(g))

This chapter is intended to be complementary to the other parking provisions of this title, and the provisions thereof and hereof are meant to be read and interpreted together; provided however, that to the extent of any inconsistency (i) regarding the number of parking spaces required, Section 17.68.020 shall control, and (ii) regarding provisions other than the number of parking spaces required (such as enclosure, lighting, landscaping, or screening), the provisions of the underlying zone shall control over this chapter.

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

Editor's note— Ord. No. 1432, § 2(Exh. A), adopted Oct. 27, 2020, changed the title of § 17.68.150 from "Comprehensive planned facilities" to read as herein set out.

EXHIBIT "A"

MINIMUM BACKUP DISTANCE FOR GARAGES AT REAR OF LOT

==> picture [192 x 477] intentionally omitted <==

(Ord. No. 1432, § 2(Exh. A), 10-27-20)

Chapter 17.72 - SIGNS*

Sections:

This chapter provides standards for signs to safeguard life, health, property, safety and public welfare, while encouraging creativity, variety, compatibility and enhancement of the city's visual image. The specific purposes of the sign regulations are to:

A.

Provide each sign user an opportunity for effective identification by regulating the time, place and manner under which signs may be displayed;

B.

Ensure freedom of expression for all sign types by maintaining a content-neutral approach to sign regulations;

C.

Regulate the number and size of signs according to standards consistent with the purpose of each zoning district;

D.

Protect the motoring public from visual intrusion and competition for attention that could cause traffic safety issues;

E.

Encourage creative, well-designed signs that contribute in a positive manner to the city's visual environment and help maintain an image of quality for the city; and,

F.

Ensure that signs are responsive to the aesthetics and character of their particular location (adjacent buildings and surrounding neighborhood) and that are compatible and integrated with the building's architectural design, including historic elements, and with other signs on the property.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

17.72.010 - Definitions.

Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them by this section.

"Abandoned sign" means any sign or sign structure is considered abandoned if for a period of ninety consecutive days or more, there is no sign copy appearing on the sign, or if the establishment to which the sign is attached has ceased operation and where the sign has been forsaken or deserted.

"Alteration" means a change of sign text, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

"Animated sign" means any sign or part thereof that uses movement, lighting or special materials to depict action or create a special effect to imitate movement.

"Area of sign" means the surface space within a single continuous perimeter containing the sign message together with any frame, material or color forming an integral part of the display, but excluding support structures and incidental parts not drawing attention to the subject matter. The area of a sphere or other irregular shaped sign shall be measured by its projection or sight area.

"Awning" means any permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.

"Canister signs" means a sign that contains all the text and/or logo symbols within a single enclosed cabinet that may or may not be illuminated.

"Canopy" means any structural, ornamental roof-like appendage, freestanding or attached to a building, including roof overhangs, but excepting awnings.

"Clearance" means the vertical distance between the bottom of a sign and the finished grade below the sign.

"Directional sign" means an on-site sign designed and erected solely for the purpose of directing vehicular and/or pedestrian traffic safely within a project, pursuant to Section 17.72.130 herein.

"Double-faced sign" means any single sign structure having two sign face areas, with each face oriented up to one hundred eighty degrees from the other.

"Face of building" means the general outer surface of the main exterior wall of any building, not including cornices, bay windows and other ornamental trim.

"Freestanding sign" means a sign supported by one or more posts erected on the ground.

"Illuminated sign" means any sign that has a source of light on the surface of the sign or in the interior of the sign itself.

"Indirectly lighted sign" means any sign that is illuminated from a remote location.

"Marquee" means a permanent projecting roof structure attached to and supported by a building wall, which may project over a public right-of-way.

"Neighborhood shopping centers" means three or more businesses, with separate entrances, that function as an integral unit and which utilize common off-street parking and access.

"Outdoor advertising structure" means any sign that has a flat surface sign space upon which advertising may be posted, painted or affixed, and that is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists.

"Outside display" means any permitted amount of goods, merchandise, material, landscape items or similar articles that are placed immediately outside a business. Such outside display shall not include prices, advertisements, or information regarding goods and services offered.

"Painted signs" means any sign that incorporates or utilizes no other materials than paint, located on any building surface excepting windows.

"Parkway" means that portion of the right-of-way between the traveled roadway and sidewalk or, where there is no sidewalk, that portion of the right-of-way between the traveled roadway and the private property line.

"Pedestrian oriented signs" means a sign that is mounted from a building façade or awning such that it hangs directly over a public sidewalk or building walkway and that it is designed, installed and intended to be viewed primarily by individuals walking by or near the store front. Such signs include projecting blade signs.

"Portable sign" means a moveable temporary sign designed and placed immediately outside the location of a business. This includes A-frame and similar signs.

"Projecting sign" means any sign, the surface of which is not parallel to the face of the supporting wall and that is supported wholly by such wall. Signs on marquees that extend over the right-of-way that are placed so as not to be parallel with the street shall be considered projecting signs. This definition shall include "V" or wing-type signs, blade and bracket signs.

"Right-of-way" means any of the following that are controlled, used or dedicated for use by the public and located within the city's jurisdictional limits: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, parkways, medians, and similar public property.

"Roof sign" means any sign erected upon or over the roof or parapet of any building and supported in whole or in part by the building.

"Sign" means any device for visual communication, including any announcement, declaration, display, illustration or insignia that is used to advertise or promote the products or services of any person, business group or enterprise available on the lot where located. Architectural features consisting of an integral structural part of a building shall not be considered a sign.

"Sign height" means the vertical distance measured from the ground level to the top of the sign.

"Temporary sign" means any sign, banner, decorative flag, pennant, valance, and advertising display. Such signs are typically constructed of cloth, canvas, light fabric, cardboard, wood, Plexiglas, wall board or other light materials with or without frames.

"Wall sign" means any sign affixed to the wall of any building or structure, in essentially a flat position on the wall.

"Window sign" means any sign painted on or affixed to the inside of a window.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1488, § 2, 12-9-25)

17.72.020 - Prohibited signs.

The following signs are inconsistent with the purposes and standards of this chapter and are therefore prohibited in all zones:

A.

Rotating, moving, flashing, changing, reflecting or blinking signs except time and temperature signs and other public service signs which may produce a changing message with lights, which does not create any

traffic hazards and subject to approval of the planning commission;

B.

Animated signs;

C.

Signs on public property or right-of-way unless authorized under subsection 17.20.020(d)(6);

D.

All off-site signs;

E.

Outdoor advertising structures, defined herein and commonly called "billboards";

F.

Signs employing exposed neon tubing, excluding reverse channel letters with silhouette illumination, neon signs approved under a creative sign permit and neon window signs not exceeding ten percent of the window area;

G.

Abandoned business signs;

H.

Canister signs also known as "can" or "cabinet" signs;

I.

Roof-mounted signs; and

J.

Signs that are not public facing.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1488, § 3, 12-9-25)

17.72.030 - General provisions.

The following general sign provisions and regulations shall apply.

A.

Sign Placement. Signs shall be placed facing the public right-of-way, interior courtyards or parking areas. Signs shall not be placed in a manner to interfere with the privacy or enjoyment of residences.

B.

Trade Construction Signs. One sign advertising the various construction trades shall be permitted on construction sites where there is an active building permit. Such signs shall not exceed thirty-two square feet in area.

C.

Proper Maintenance of Signs. The user, owner or lessee of a sign authorized hereunder shall maintain the sign in good repair with all illumination, if any, functioning, with all letters intact, and colors that are not faded. A sign that is not in good repair is a nuisance and shall be abated pursuant to the Sierra Madre Municipal Code.

D.

"No Trespassing" Signs. A "no trespassing" or "no dumping sign" not exceeding three square feet shall be permitted for public health and safety purposes in addition to other authorized signs.

E.

Freestanding Sign Height. Unless otherwise specified, the maximum height for freestanding signs shall be six feet.

F.

Painted Window Signs—Size. The maximum area of a painted window sign is twenty percent of each windowpane and the sign copy shall be changed at least every forty-five days.

G.

Awning signs. Signs on awnings are permitted provided the sign copy is limited to the valance if one exists, or covers not more than twenty percent of the awning surface, if no valance exists.

H.

Projection of Signs. The following schedule shall be applied to all those signs that project over public rights-of-way excluding those signs mounted directly on a marquee.

I.

Marquee Signs. Signs may be mounted on the side and face perimeter of a marquee provided that those signs do not project more than one foot above said marquees. Signs mounted on the sides of marquees shall not project toward the street further than the edge of the marquee. Signs may be mounted under marquees provided that the clearance is a minimum of eight feet.

J.

Glare from Signs. All illuminated signs in all zones shall be designed in such manner as to avoid undue glare or reflection of light on private property in the surrounding area and so as not to create a traffic safety hazard.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1488, § 4, 12-9-25)

17.72.040 - Sign regulations—Residential zones.

A.

The following sign types and sizes are permitted without a permit:

1.

A nameplate not exceeding one square foot in area containing the name and address of occupant of the premises;

2.

One unlighted freestanding sign not exceeding six square feet in area pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed;

3.

Historic plaques and markers provided that are approved by the planning commission.

4.

Temporary signs in accordance with Section 17.72.190.

B.

A sign permit shall, however, be required for all other signs.

C.

Signs exceeding twenty square feet per side are prohibited.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1435, § 9, 10-27-20; Ord. No. 1488, § 5, 12-9-25)

Editor's note— Ord. No. 1488, § 5, adopted Dec. 9, 2025, amended the title of § 17.72.040 to read as herein set out. The former § 17.72.040 title pertained to sign regulations—R-1 and R-2 zones.

A.

Notwithstanding subsection 17.72.040(A), in all R-3 zones the following types and sizes of non-illuminated signs are permitted without a permit, provided that they are installed flat against an on-site building or structure and shall not extend above the top of the wall to which they are affixed;

1.

One nameplate per unit not exceeding one square foot in area containing the name and address of occupant of the premises;

2.

One sign with the name and address of the building not to exceed two and one-half square feet in area; and

3.

One freestanding sign not to exceed nine square feet in area, pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed.

4.

Temporary signs in accordance with Section 17.72.190.

B.

Notwithstanding subsections 17.72.040(A) and 17.72.050(A), within the R-E overlay, the following types and sizes of non-illuminated signs are permitted without a permit, provided that they are installed flat against an onsite building or structure and shall not extend above the top of the wall to which they are affixed:

1.

One nameplate per unit not exceeding one square foot in area containing the name and address of occupant of the premises;

2.

One sign with the name and address of the building and business not to exceed five square feet in area;

3.

One freestanding sign not to exceed nine square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed;

Temporary signs in accordance with Section 17.72.190.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1389, Exh. A, § 30, 7-11-17; Ord. No. 1466, § 92, 3-28-23; Ord. No. 1488, § 6, 12-9-25)

Editor's note— Ord. No. 1488, § 6, adopted Dec. 9, 2025, amended the title of § 17.72.050 to read as herein set out. The former § 17.72.050 title pertained to sign regulations—R-3 zones.

Editor's note— Ord. No. 1488, § 7, adopted Dec. 9, 2025, repealed § 17.72.060, which pertained to sign regulations—R-E overlay zone and derived from Ord. 1205 § 2 (Exh. 1 (part)), adopted 2003; Ord. No. 1389, Exh. A, § 31, adopted July 11, 2017; Ord. No. 1466, § 93, adopted March 28, 2023.

Except as otherwise provided in this chapter, each business shall be limited to not more than two signs.

A.

Sign Area. One and one-half square feet of sign area per lineal foot of building frontage.

B.

Frontage on Two or More Streets. A business in a building facing on more than one right-of-way shall be allowed the authorized sign area on each street which it faces, provided that the areas may not be accumulated on one right-of-way and shall not exceed the allowed area on any one right-of-way.

C.

Sale and Rental Signs. Commercial and manufacturing properties shall be authorized one for sale or rent sign while the property is actually for sale or rent. These signs shall not exceed two square feet in area and shall be designed and located in a manner approved by the planning and community preservation and public works departments. No permit is required for these signs.

D.

Multi-tenant Buildings. Businesses in interior spaces of multi-tenant buildings may have signage at the street access and at their business location, however the total sign area shall not exceed one and one-half square feet per lineal foot of storefront.

E.

Generally, only the name or use of the business shall appear on the sign. The use of subordinate information such as telephone numbers, lists of products, pictures of products, etc., are discouraged, but may be considered at the discretion of the director. Further, where subordinate information is allowed, the name or use of the business shall be the dominant message and the subordinate information shall not create any vehicular or pedestrian traffic hazards.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, §§ 94, 95, 3-28-23)

A.

Second Story Businesses. Businesses maintained exclusively on the second floor of a two story building shall be authorized up to fifty percent of the total sign area as designated by the front footage of said building; provided, that in no case shall the combined total area of signs for all business on the second floor exceed fifty percent of the total authorized sign area.

B.

Listing of Business Associate. In addition to the other sign usage authorized herein, each separate business shall be allowed, on or behind windows facing the public view, a sign indicating the owners, operators or business associates exercising the use; provided, that such lettering shall be enclosed within a single area and shall not exceed a total of two square feet.

C.

Gasoline Service Stations. No outdoor advertising signs or structures shall be permitted except as provided in subsections (C)(1) through (4) of this section as follows:

1.

Identification signs or structures which may be each of the following:

a.

Identification signs may be located on or incorporated within the pump island canopy structures. These signs shall not project above the top of the canopy structure, shall not exceed a maximum area of twenty square feet for each sign face, and each sign shall be limited in length to a maximum of fifty percent of the long dimension of the canopy on which the sign is located, or

b.

One freestanding sign or structure incorporated within freestanding walls, planter beds or other suitable building materials. Such sign shall not exceed twenty feet in height and will have a maximum sign area per sign face of thirty-five square feet. In no case shall these signs or sign structures be permitted to project beyond the property line;

2.

One permanently placed poster-type sign not exceeding four feet in width and six feet in height from the ground level shall be permitted. Such sign may be located at the discretion of the owner provided it is not located upon public property;

Flags, banners, spinners and similar advertising devices shall not be permitted except as provided in Section 17.72.190 (Temporary signs and displays);

4.

Two Rate or Price Signs. Such signs shall not exceed three feet in width and four feet in height.

D.

Signs in Neighborhood Shopping Centers. In addition to the sign area allowed for individual businesses, shopping centers shall be allowed one double-faced, indirectly lighted identification sign. Said sign shall be allowed twenty-five square feet per side and shall have a maximum height of ten feet. In addition, for those shopping centers containing more than one acre of land area, said sign shall be allowed an additional ten square feet of sign per acre, but shall not exceed fifty square feet per side nor exceed ten feet in height.

E.

Pedestrian Oriented Signs. Each business is permitted a pedestrian oriented sign up to a maximum of four square feet per side. Such signs shall not be internally illuminated and shall hang from a bracket that projects away from the façade or awning to which it is mounted. If pedestrian oriented signs are utilized, the area of that sign is in additional the area that would otherwise be permitted.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

This section establishes standards and procedures for the review and approval of creative sign permits. The purpose of the creative sign permit is to encourage signs of unique design that exhibit a high degree of thoughtfulness, imagination, inventiveness and spirit. This section also provides a process for the application of sign regulations in ways that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while mitigating the potential impacts of larger or unusually designed signs.

A.

Applicability. An applicant may request approval of a creative sign permit in order to allow standards that exceed the otherwise permitted standards of Chapter 17.72 by up to an additional twenty-five percent but comply with the purpose and findings of this section. Additionally, exposed neon signs may be approved under a creative sign permit.

B.

Application Requirements. A creative sign permit application shall include all information and materials required by the planning and community preservation department.

C.

Approval Authority. An application for a creative sign permit shall be subject to review and approval by the director, unless appealed.

D.

Findings. To approve an application for a creative sign permit, the director shall find that the proposed sign meets the following design criteria.

1.

Design Quality. The sign shall:

a.

Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

b.

Be of unique design and exhibit a high degree of thoughtfulness, imagination, inventiveness and spirit;

c.

Incorporate the use of mixed media or use media in a unique manner; and

d.

Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale and proportion.

2.

Contextual Criteria. The sign shall contain at least one of the following elements:

a.

Classic historic design style;

b.

Creative image reflecting current or historic character of the City; or

c.

Inventive representation of the use, name, or logo of the structure or business.

3.

Architectural Criteria. The sign shall:

a.

Utilize or enhance the architectural elements of the building; and

b.

Be placed in a logical location in relation to the overall composition of the building's façade and not cover any key architectural features and details of the façade.

4.

Impacts on Surrounding Uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, §§ 96, 97, 3-28-23)

The planning commission's review shall be required for the design and location of signs in excess of forty square feet, all signs projecting above the top of a building line, and freestanding signs in excess of twenty square feet. All other signs shall be reviewed and approved by the director; provided, however, that either the applicant or the director can request review by the planning commission.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 98, 3-28-23; Ord. No. 1488, § 8, 12-9-25)

Directional and public safety signs for public and quasi-public uses may be permitted on public property. The design must conform to standard directional sign specifications. The total number of signs allowed shall be based on the minimum number necessary for adequate public safety and identification as determined by the city council.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

When deemed necessary, the director or his/her authorized representative may authorize and approve directional signs not to exceed six square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit" signs, "Office" signs, "Parking" signs and the like.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 99, 3-28-23)

It is unlawful for any person, entity or corporation to authorize, alter, erect, construct, maintain, move, change, place, suspend or attach any sign within this city without an approved sign permit, and related building and electrical permits, as required by this chapter. Signs that legally existed prior to the effective date of this chapter may be altered, reconstructed, maintained, moved, or changed only in compliance with this chapter.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

Application for sign permits shall be made upon forms provided by the director and shall be accompanied by the following material.

A.

The name, address and telephone number of the property owner, permit applicant (owner of the sign) and the sign contractor, if any;

B.

Two copies of a site plan and elevations showing:

1.

Sign height, size, color, type, style, elevation above final grade level, method of illumination and materials for the proposed sign,

2.

Location, size and height of all signs and structures existing on the premises at the time of making such application,

3.

Position of sign and its relation to adjacent buildings or structures;

C.

Such other information as the director may require to show full compliance with this and all other ordinances of the city.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 100, 3-28-23)

At the time an application for a sign permit is submitted, the applicant shall pay a fee pursuant to the most recently adopted city council fee resolution.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

The applicable fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit. Applicants shall also be subject to double fees for building and/or electrical permits.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

A.

Staff Review. All sign applications shall be reviewed for completeness by the planning and community preservation department. As permitted by this chapter staff may approve, approve subject to modification, or deny any sign permit application subject to the criteria of subsection C below. A staff decision may be appealed to the planning commission.

B.

Planning Commission Review. Where specifically required herein the planning commission shall review any sign permit application and shall thereof approve, approve subject to modification, or deny said application subject to the criteria of subsection C below. Any decision of the planning commission shall be final unless appealed to the city council pursuant to Municipal Code requirements.

C.

Review Criteria. The appropriate reviewing body shall approve only those signs that are consistent with the purposes and intent of this chapter and that are found to meet the following criteria:

1.

Size, shape, color and placement of the sign is compatible with and bears an harmonious relationship to the building it identifies as follows:

a.

Proportional size and scale. Size and scale shall be proportional to the building façade;

b.

Integrated with the building. Signs shall be integrated into the façade recognizing and complimenting architectural projections and windows and establishing a rhythm to the façade;

c.

Colors shall be selected to enhance sign legibility and visibility, further contrasting colors are encouraged.

2.

Both the location of the proposed sign and the design of its visual elements: materials, lettering, colors, decorative motifs, spacing, and proportions, shall be legible under normal viewing conditions prevailing where the sign is to be installed as follows:

a.

Signs shall be oriented to either pedestrian or vehicle traffic;

b.

Materials shall be compatible with the façade and reflective materials shall be avoided; and

c.

Signs shall not crowd and overpower the façade by projecting too close to the edge of the wall or surface to which the sign is affixed.

3.

The location and design of the proposed sign shall not obscure from view, or unduly detract from adjacent signs.

4.

The design and placement of the sign does not create a pedestrian or vehicular traffic safety hazard as determined by the city engineer.

5.

The location and design of the proposed sign shall not have an adverse effect on the value and character of the adjacent residential zoning district or residential neighborhood. As evidenced by the signs orientation and light and glare impacts to the adjacent residential neighborhood.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 101, 3-28-23)

17.72.190 - Temporary signs in residential zones.

A temporary sign is permitted without a permit in all residential zones subject to the following requirements:

A.

Signs shall be limited to a freestanding sign or a sign affixed to a freestanding wall or fence in essentially a flat position thereon;

B.

Temporary signs shall not exceed six square feet in area with the aggregate signage of each lot not exceeding eighteen square feet;

C.

Except as otherwise authorized by this chapter, freestanding temporary signs located within a front yard shall not exceed a sign height of forty-two inches;

D.

Temporary signs shall not be illuminated or reflective;

E.

Temporary signs shall not be nailed to trees or public utility poles;

F.

Temporary signs shall be designed and placed in a manner that does not create a vehicular or pedestrian traffic safety hazard as determined by the city engineer;

G.

Temporary signs shall not be placed on awnings or canopies;

H.

Signs shall not be placed within five feet from any shared property line;

I.

Temporary signs relating to a timed event shall be removed ten days following the event to which they relate.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 102, 3-28-23; Ord. No. 1488, § 9, 12-9-25)

Editor's note— Ord. No. 1488, § 9, adopted Dec. 9, 2025, amended the title of § 17.72.190 to read as herein set out. The former § 17.72.190 title pertained to temporary signs and displays.

A temporary sign and/or temporary display permit shall be required in all C and M zones, and may be issued by the director subject to the requirements of Sections 17.72.140 through 17.72.180, inclusive. At the director's discretion a permit for outdoor display and portable signs can be issued for a twelve-month period. That a copy of the approved permit shall be forwarded to the code enforcement officer.

A.

Outside Display. The display of goods and merchandise immediately outside a business is permitted subject to an approved permit as follows:

1.

A dimensioned site plan shall be submitted to the director, that indicates the location of the outside display area;

2.

The maximum display depth shall be no greater than five feet from the façade face but in no case closer than five feet to the edge of the sidewalk, with a maximum height of four above the sidewalk grade and the

display shall cover not more than fifty percent of the width of the storefront (outdoor dining is exempt from these limitations);

3.

Goods and merchandise displayed outside of a business shall be limited to those items regularly stocked and sold in the business. Further, the display shall be installed and maintained in a neat and orderly fashion at all times, and goods may only be displayed during normal business hours; and

4.

An encroachment permit shall be obtained from the department of public works.

B.

Temporary Banners. Temporary banners and similar signs as defined in this chapter, may be permitted by the director as follows:

1.

Application for a temporary sign shall be made on forms provided by the director of development services. The application shall also indicate the size of the banner;

2.

A maximum of four temporary sign permits may be approved for any single business location within a calendar year, with the total cumulative temporary sign display days not to exceed sixty days. The maximum period lot any individual temporary sign permit shall not exceed thirty days;

3.

If such temporary sign is to be placed on the public sidewalk, the applicant shall submit in addition to a temporary sign application, a site plan indicating the location of the temporary sign and an encroachment permit shall be obtained from public works; and

4.

Temporary banners shall be placed on the building façade. The attachment of banners to trees, light and utility poles or similar configuration shall not be permitted.

C.

Portable Signs. A moveable temporary sign that is designed and placed immediately outside the location of a business is allowed with an approved permit.

1.

A dimensioned site plan shall be submitted to the director that indicates the location and size of the portable sign. The sign shall be located immediately adjacent to the storefront or building façade and there

shall be not less than five feet between the sign area and edge of the sidewalk to allow for free and unobstructed pedestrian access;

2.

Signs shall not exceed a total sign area of twenty-four square feet, or twelve square feet for each sign face;

3.

Portable signs may only be displayed during normal business hours; and

4.

An encroachment permit shall be obtained from the department of public works.

(Ord. No. 1488, § 10, 12-9-25)

Every on-site sign that is or that becomes non-conforming as a result of this ordinance shall be subject to remediation as provided for in California Business & Professions Code sections 5492, 5493, 5495 and 5497.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

Any appeal from the abatement provisions shall be filed with the secretary of the planning commission within thirty days after the date of mailing of the order of abatement by the director. All lengths and periods of time established for abatement under the provisions of Section 17.72.200 are declared to be prima facie time limits only and may be the subject of appeal as provided herein. Any person who is the owner, or who has any ownership interest in any property to which said order of abatement applies, may file an appeal. Upon receipt of an appeal, the planning commission shall give notice of hearing and shall conduct the same in the manner prescribed in this code. With reference to notice of hearing, no notice need be given to surrounding property owners. At the time and place set for the hearing, the commission shall give the appealing party an opportunity to be heard, in addition, where the appeal is from a prima facie length of time established by the provisions in Section 17.72.200 for the termination of nonconforming uses, the commission shall either affirm or extend said prima facie period of time based on all of the following:

A.

The construction cost of the nonconforming structure;

B.

The date of construction;

C.

Types of materials of construction;

D.

Cost and extent of any structural improvements made subsequent to construction and prior to conformity;

E.

The minimum period of amortization established for said types of structures by the Internal Revenue Service under then current regulations and rules;

F.

Actual method of depreciation used for federal income tax purposes.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 103, 3-28-23)

17.72.220 - Grounds for dismissal—Decision final.

At the time notice of the abatement appeal hearing is given to the appellant as required herein, the director shall also notify the appellant to furnish the information specified in section 17.72.210(A)—(F) to the commission, at or before the time of hearing. Failure of the appellant to provide any of the required information shall be grounds for the immediate dismissal of said appeal. The commission's decision shall be final and conclusive in the absence of an appeal to the city council in the time and manner set forth herein with reference to zone variances and conditional use permits.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 104, 3-28-23)

17.72.230 - Appeal of director's determination and revocation of permit.

An appeal of a determination of the director, and the revocation of a sign permit shall be pursuant to the following provisions:

A.

Any decision by the director pursuant to the provisions of this chapter may be appealed to the planning commission within fourteen calendar days from the date of the determination. Such appeal shall be made in writing and be accompanied by an appeal fee designated in the city of Sierra Madre fee resolution. The commission shall conduct a noticed public hearing within thirty days of staff receiving the appeal or as soon thereafter as is possible. The determination of the planning commission shall be final unless appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

B.

A sign permit may be revoked as follows:

Upon the determination by the director that the sign is not being displayed in conformance with the provisions of this chapter, or in conformance with the approved sign permit, the director shall place the matter before the planning commission for consideration of revocation.

2.

The planning commission shall revoke the sign permit upon the determination that the sign is not being displayed in conformance with the provisions of this chapter, or in conformance with the approved sign permit.

3.

The determination of the planning commission may be appealed to the city council, pursuant to the provisions of the Sierra Madre Municipal Code.

(Ord. 1205 § 2 (Exh. 1 (part), 2003)

(Ord. No. 1466, § 105, 3-28-23)

Chapter 17.80 - TRANSPORTATION DEMAND AND TRIP REDUCTION

Sections:

The purpose of this chapter is to create a congestion management program, related to trip reduction and travel demand measures.

(Ord. 1099 § 2 (part), 1993: prior code § 9740)

17.80.020 - Definitions.

The following words or phrases shall have the following meaning when used in this chapter:

"Alternative transaction" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in this chapter.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"The California Environmental Quality Act (CEQA)," a statute that requires all jurisdictions in the state of California to evaluate the extent of environmental degradation posed by proposed development.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"Developer" shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this chapter and which exceed the thresholds defined in Section 17.80.040 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

"Employee parking area" means the portion of total required parking at a development used by on-site employees. Unless specified in the city/county zoning/building code, employee parking shall be calculated as follows:

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation Demand Management (TDM)" means the alteration of travel behavior, through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in the case in telecommunity or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single occupant vehicles.

"Vanpool" means a vehicle(s) carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with seating arrangement designed to carry seven to fifteen adult

passengers, and on a prepaid subscription basis.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. 1099 § 2 (part), 1993: prior code § 9741)

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act(CEQA) or based on a local determination, regional municipal fixed-route transit operators providing service to the project shall be identified and consulted. Projects for which a Notice of Preparation (NOP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this chapter shall be exempt from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIR'S and shall as part of the NOP process, be given an opportunity to comment on the impacts of the project, to identify recommended mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(Ord. 1099 § 2 (part), 1993: prior code § 9742)

17.80.040 - Transportation demand and trip reduction measures.

A.

Applicability of Requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures. This chapter shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Government Code Section 65943, or for which a Notice of Preparation for an EIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this chapter.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

B.

Development Standards.

Nonresidential development of twenty-five thousand square feet or more shall provide the following to the satisfaction of the city:

a.

A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

i.

Current maps, routes and schedules for public transit routes serving the site;

ii.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

iii.

Ridesharing promotional material supplied by commuter-oriented organizations;

iv.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

v.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2.

Nonresidential development of fifty thousand square feet or more shall comply with subsection (B)(1) of this section and shall provide all of the following measures to the satisfaction of the city:

a.

Not less than ten percent of the employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be served for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided, that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

b.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be include in vanpool parking areas.

c.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development and one bicycle per each additional fifty thousand square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the city.

3.

Nonresidential development of one hundred thousand square feet or more shall comply with subsection (B) (1) and (2) of this section, and shall provide all of the following measures to the satisfaction of the city:

a.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers;

b.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

c.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

d.

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(Ord. 1099 § 2 (part), 1993: prior code § 9743)

All development projects for which an Environmental Impact Report is required to be prepared shall be subject to the Land Use Analysis Program contained in the Los Angeles County Congestion Management Program (CMP), and shall incorporate into the EIR an analysis of the project's impacts on the regional transportation system. Said analysis shall be conducted consistent with the Transportation Impact Analysis

(TIA) Guidelines contained in the most recent Congestion Management Program adopted by the Los Angeles County Metropolitan Transportation Authority, and as amended from time to time.

(Ord. 1099 § 2 (part), 1993: prior code § 9744)

17.80.060 - Monitoring.

A.

All proposed projects shall be subject to the provisions of this chapter, as part of the site plan review process. All projects shall be reviewed by the city staff for compliance with TDM and CMP regulation.

B.

Prior to issuance of a certificate of occupancy, each project shall be reviewed by city staff to verify that all requirements of the TDM and CMP have been complied with.

(Ord. 1099 § 2 (part), 1993: prior code § 9745)

Any person who violates or fails to comply with this chapter shall be subject to the penalties of Chapter 1.12 of this code.

(Ord. 1099 § 2 (part), 1993: prior code § 9746)

Chapter 17.82 - HISTORIC PRESERVATION

Sections:

17.82.010 - Scope.

A.

This chapter shall be known as the historic preservation ordinance by the city of Sierra Madre.

B.

This chapter shall be voluntary and, notwithstanding any other provision of this chapter, shall be so interpreted so as not to impose any burden, limitation or restriction of property rights (or with regard to procedures with regard thereto) without prior consent of the respective property owners, provided that once a property has been designated by the city council, with the consent of the property owner, as a historical landmark then this chapter shall no longer be voluntary and all provisions shall apply.

(Ord. 1134 § 2 (part), 1997)

Whereas, the city council has determined:

A.

That the character and history of the city are reflected in its cultural, historical and architectural heritage;

B.

That these historic foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy and understand the rich heritage of the city;

C.

That the city's total number of public, commercial and residential structures is fewer than three thousand five hundred units, and that without diligent efforts to minimize the demolition and loss of the city's historical landmarks, the rich heritage of the city will be eroded over time;

D.

That pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Sierra Madre, the state of California, and the United States Congress, to develop preservation programs and activities to give maximum encouragement to agencies and individuals undertaking preservation of the city's unique architectural and historical heritage;

E.

Therefore, the purpose of this chapter is the protection, appreciation and preservation of the historic landmarks of the city through a partnership between the planning commission and the property owners/residents, the business sector and the community at large to retain and protect those historic landmarks which preserve and enhance out small town atmosphere and:

1.

To safeguard the city's unique historic heritage as embodied and reflected in the city's diverse architectural and cultural history,

2.

To encourage and facilitate public knowledge, understanding and appreciation of the city's historic past and unique sense of place,

3.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of historic resources,

4.

To promote the enjoyment, celebration and use of historic resources appropriate for the education and recreation of the people of the city,

5.

To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction and inspire a more livable environment,

6.

To enhance property values and to increase economic and financial benefits to the city and its inhabitants through the exploration of creative financial incentives for preservation,

7.

To protect and enhance the city's attraction to tourists and visitors thereby stimulating commerce,

8.

To identify as early as possible and resolve conflicts between the preservation of historic landmarks and alternative land uses,

9.

To integrate the preservation of historic landmarks into public and private land use management and development processes,

10.

To conserve valuable material and energy resources by ongoing use and revitalization of the existing built environment,

11.

To stabilize neighborhoods through the preservation of historic landmarks,

12.

To encourage public awareness and participation in identifying and preserving historical and architectural landmarks, thereby increasing community pride in the city's historical heritage,

13.

To identify and make available the economic benefits of preservation of historic resources to the city and its inhabitants,

14.

To take all reasonable and necessary steps to safeguard the property rights of owners of properties which are subject to this chapter.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1435, § 10, 10-27-20)

As used in this chapter:

"Alteration" means any change or modification through public or private action, to the exterior historical character defining or significant architectural features of properties affected by this chapter. This is in contrast to "ordinary repairs and maintenance," as defined below.

"Appeal" is a written request submitted to the city clerk by a person not satisfied with the decision or determination of the commission. Appeals will be heard before the city council at a public hearing.

"Bed and breakfast inn" is a hotel that: (i) if in a converted single-family dwelling, has up to six units for transients, or if in a converted multi-family property, has up to twelve units for transients; (ii) has one unit for resident innkeeper(s); and (iii) which may include food or drinking service as permitted by a conditional use permit. The terms "hotel" and "transient" in this definition have the same definitions as set forth in Chapter 5.50, "uniform transient occupancy tax."

"Certificate of appropriateness" is a certificate issued by the commission approving such plans, specifications, statements of work, or any other information which is reasonably required by the commission to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation or demolition, in whole or in part, of or to a historic landmark.

"Certificate of economic hardship" is a certificate authorizing work described in the accompanying certificate of appropriateness granted by the commission because of extreme financial impact or adversity and in accordance with the procedures and findings of this chapter.

"Character defining feature" means an identifiable manmade or natural element, style, design arrangement, detail or material, or landscape arrangement, which embodies or contributes to the recognizable historic value, consistent with the designation criteria in this chapter.

"Demolition" means any act or process that destroys or damages in part or in whole, an historic landmark, or property identified as a potential historic resource.

"Designation statement" means a document prepared by the commission which contains a specific description of the designated historic landmark or historic district, containing the following information:

Assessor's parcel number(s);

2.

Site address;

3.

Identification of the specific elements, improvements or natural features to be included in the designation and subject to the provisions of this chapter, per Section 17.82.040(B).

"Historic landmark" means any improvement or natural feature that meets the criteria listed in this ordinance and is designated by the city council pursuant to this ordinance or nominated to the National Register of Historic Places. Until the designation is finalized, the property shall be referred to as a "potential historical resource" as defined below.

"Improvement" means any manmade physical object or structure, or manmade alteration of terrain or plantings, constituting a physical feature of real property.

"Natural feature" means any geographical or geological site or feature subject to the provisions of this chapter.

"Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is upkeep, or correction of deterioration or damage to an historic resource or any part thereof, and to restore the same to its condition prior to the occurrence of such deterioration or damage. This is in contrast to "alteration," as defined above.

"Potential historic resource" means a property which has been identified on a survey conducted by the city and adopted by the city council which contains a list of properties and all relevant corresponding documentation indicating that the identified properties meet the criteria for "historic landmark" as defined herein.

"Preservation" means the identification, study, protection, restoration, rehabilitation or acquisition of historic landmarks.

"Register of historic landmark" means the list of properties located within the city that identifies the properties designated as historic landmarks.

"Rehabilitation" means the act or process of returning an improvement or site to a condition of utilization, through repair, remodeling or alteration, that makes possible an efficient contemporary use while preserving those portions or features of the improvement or site that are significant to its historic values.

"Restoration" means the act or process of accurately recovering the form and details of an improvement or natural feature and its setting as it appeared at a particular period of time, by means of removal of later additions to, by replacement of missing earlier portions of, and the correction of deteriorated conditions in, the improvement or natural feature.

"Secretary of the Interior Standards and Rehabilitation" means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the Park Service with Guidelines for Applying the Standards.

"Substantial adverse change" means demolition, destruction, relocation or alteration such that the significance of an historical resource would be impaired.

"Survey" means a list of properties for which the city has obtained verifiable documentation that said properties meet the designation criteria contained in Section 17.82.070 herein, and, which the city council has (with the consent of the owners) adopted as the official survey of the city.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1329, § 1, 5-22-12; Ord. No. 1396, § 2, 3-27-18)

17.82.040 - Classification of landmarks and inclusion of previous designations.

A.

Historic landmarks shall be classified as potential historic resources or historic landmarks.

B.

Provisions of this chapter shall be applicable to exterior elements of properties affected by this chapter, and expressly do not apply to building interiors. As part of the designation statement, the commission shall identify the particular elements, improvements or natural features to be included in the designation, and which will be subject to the provisions of this chapter as having historical value.

C.

The ordinance codified in this chapter is adopted without designating any property as a historic landmark. Ordinance No. 1036 is repealed except for the list of properties designated as historic landmarks thereunder. Properties designated as historic landmarks under Ordinance 1036 shall remain as such until property designations thereunder are de-designated or de-listed by appropriate procedures according to law.

(Ord. 1134 § 2 (part), 1997)

17.82.050 - Designation criteria.

For the purposes of this chapter, an improvement, natural feature, or site may be designated a historic landmark by the city council upon a recommendation by the commission if it meets at least one of the following criteria:

A.

Historic. It was the site of, or is associated with local, state or national cultural, social, economic, political or natural history, events or persons significant to the history of Sierra Madre, or it reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning.

B.

Architectural. It is representative of the work or is one of a few remaining examples of a notable builder, designer or architect, or, it embodies distinctive characteristics of a style, type, period or method of construction, or, is a valuable example of architectural achievement or innovation such as the use of indigenous materials or craftsmanship.

(Ord. 1134 § 2 (part), 1997)

17.82.060 - Benefits and conditions of designation.

A.

Conditions for Benefits.

1.

Benefits shall only be available for structures listed on the city's register of historic landmarks and subject to this chapter at time for which application for financial benefits is made.

2.

Historic landmarks must be maintained in reasonable condition in accordance with the Secretary of Interior's Standards for Rehabilitation.

3.

In order to qualify for benefits, owners of historic landmarks must submit plans for rehabilitation or restoration to the commission for review to ensure that the work is undertaken in accordance with the Secretary of the Interior's Standards for Rehabilitation. Ordinary repair and maintenance is exempted, per Section 17.82.130 of this chapter.

B.

The property owner of a historic landmark in compliance with the above conditions may receive benefits including the following and any others established as policy of the city council:

1.

Waiver of city building permit and plan check fees as established by resolution of the city council;

2.

Use of the State Historical Building Code (SHBC) as the governing building code. The SHBC provides alternative building regulations to facilitate rehabilitation, preservation, restoration or relocation.

C.

In addition to the benefits afforded to the property owner of a historic landmark provided in subsection B. of this section, the property owner of a historic landmark in compliance with the above conditions may receive one of the following benefits:

1.

Mills Act contracts approved by the city council; or

2.

Change of use, subject to a conditional use permit granted by the planning commission pursuant to Chapter 17.60, to facilitate adaptive reuse of historic landmarks in accordance with section 17.82.065.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1329, § 2, 5-22-12; Ord. No. 1470, § 3, 7-9-24)

Notwithstanding any other provision of this code to the contrary, any historic landmark in a residential zone may be converted into a bed and breakfast inn, small entrepreneurial business, or service or professional office if a conditional use permit is issued in accordance with Chapter 17.60 and if all of the following additional findings are made:

A.

The proposed use will be consistent with the historic preservation objectives of the general plan;

B.

The proposed use will not be detrimental to the historic or architectural character of the historic landmark; and

C.

The proposed use is compatible with the neighborhood in which it is located.

(Ord. No. 1329, § 3, 5-22-12; Ord. No. 1396, § 3, 3-27-18)

Editor's note— Ord. No. 1396, § 3, adopted March 27, 2018, changed the title of § 17.82.065 from "Conversion of single family residences to bed and breakfast inns" to read as herein set out.

17.82.070 - Designation procedures.

Historical landmarks shall be established by the city council in the following manner:

A.

Any person or group may request the designation of an improvement, natural feature or site as a historic landmark by submitting a nomination application for such designation to the commission. The nomination application shall contain sufficient documentation and information indicating how the nominated resource meets the criteria for designation as indicated in this chapter. The commission or city council may also initiate such proceedings on their own motion.

B.

Notification of the nomination shall be sent to the property owner(s) and occupant(s) of the property within thirty days of the receipt of the nomination. No application shall be accepted or processed unless accompanied by the written consent of the property owner.

C.

The commission shall schedule a public hearing, for the earliest possible meeting of the commission.

D.

No permits shall be issued by the city for demolition, alteration or building, while the public hearing or any appeal related thereto is pending.

E.

Notice of the public hearing, including its place, date, time and purpose, shall be given by first class mail, return receipt requested, at least thirty days prior to the date of the public hearing, and also shall be advertised at least once in a newspaper of general circulation. Mail notification shall be provided to the applicant and all other owners and occupants of properties with the proposed resource, using the name and address of such owners as shown on the latest equalized assessment rolls.

F.

At the conclusion of the public hearing, but in no event more than sixty days from the date set for the initial public hearing, the commission shall make a recommendation to the city council, which shall include findings of fact relating to the criteria for designation in Section 17.82.050 that constitute the basis for its decision and shall transmit its recommendation to the city council, the property owner, and the applicant. The recommendation can be as follows:

1.

Adoption of a designation statement, prepared pursuant to the public hearing, with approval in whole or in part;

2.

Disapproval in whole or in part, of the application.

G.

The city council, within thirty days of receipt of the recommendations of the commission, shall either adopt the designation statement by resolution or shall by motion disapprove it in its entirety.

H.

Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable and practicable.

I.

The city shall record such designation with the county recorder of Los Angeles County with the written consent of the owner.

J.

Designations hereunder shall not excuse such property from any other provisions of the municipal code.

(Ord. 1134 § 2 (part), 1997)

17.82.080 - Requests to de-designate.

A.

The application shall set forth the factual basis for the request, including supporting materials, and shall be granted if the finding can be made that the information relied upon by the commission or the city council in making the designation is discovered to be false or substantially erroneous thus rendering the property without historic merit.

B.

The application shall be submitted to the commission, and a public hearing shall be set at the earliest commission meeting after the application is filed. The commission's recommendation shall be forwarded to the city council, which will render a final decision and determine compliance with the California Environmental Quality Act.

C.

Open Period of De-Listing. For a period of one hundred twenty days following the effective date of the ordinance codified in this chapter (or any later court validation thereof), the owner or owners of any property presently listed as an historic landmark under Ordinance 1036 or 1134 may petition the city council for declassification or de-listing from such classification. Application shall be made by written request, properly dated and signed; there shall be no charge for such application.

1.

Upon receipt of such petition, the property shall automatically thereafter be declassified from the effects of Ordinances 1036 and 1134 without any further action by the city or the city council.

2.

Such declassification or de-listing from the impact of Ordinances 1036 and 1134 shall not affect the application or demolition of the de-listed properties in the future.

(Ord. I-01-1 § 2, 2002; Ord. 1134 § 2 (part), 1997)

A.

All permits for alteration, restoration, rehabilitation, remodeling, addition, change of use, demolition or relocation of historic landmarks, which alter the exterior appearance as seen from public view shall require a certificate of appropriateness from the commission.

B.

No permits for work on a property in the process of being considered for designation shall be awarded until a certificate of appropriateness, if applicable, has been secured.

C.

All applications for certificates of appropriateness shall be submitted to the director of planning and community preservation for commission approval. The director shall forward the request to the commission

within thirty days of receipt. The commission shall have sixty days to render a decision regarding the application. The applicant is encouraged to confer with the commission prior to submitting an application.

D.

The commission shall promulgate and publish such standards as are a necessary supplement to the provisions of this chapter to inform property owners and the general public of those standards of review by which applications for certificates of appropriateness are to be judged.

E.

In evaluating applications for certificates of appropriateness, the commission or the city council upon appeal shall consider the existing and proposed exterior architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the historic landmark. Using the Secretary of the Interior's Standards for Rehabilitation as a guide, the commission or city council upon appeal shall approve the issuance of a certificate of appropriateness for any proposed work if and only if it makes the following findings:

1.

With regard to a historic landmark, the proposed work will neither adversely affect the integrity of the significant architectural features, nor adversely affect the historic character or value of the historic landmark.

2.

In the case of construction of a new improvement, addition, building or structure upon a designated historic landmark site, the use and exterior of such improvements will not adversely affect and will be compatible with the use and exterior of the historic landmark.

F.

Any request for the demolition of a designated historic landmark shall be accompanied by application for certificate of appropriateness or a certificate of economic hardship as described in Section 17.82.100.

G.

Demolition of an historic landmark may be approved only in connection with an approval of a replacement project.

H.

Applications for certificates of appropriateness shall be filed with the city's department of planning and community preservation for processing. Applications shall include specific submittal requirements as determined by the commission and made available to the applicant. Where required by the commission, applications shall also show the relationship of the proposed work to the surrounding environs. The application shall be accompanied by any other information that the commission determines is required for them to make an informed judgment of the proposed work according to the standards of review in Section 17.82.090.

I.

After the permit has been issued, the building inspector shall inspect the work approved by the commission in order to assure compliance. If the work is not being performed in accordance with the certificate of appropriateness, a stop work order shall be issued and all work shall cease.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1363, § 3, 3-24-15)

The owner of a historic landmark may apply for a certificate of economic hardship. This request shall be on an application form provided by the city manager.

A.

The owner shall have the burden of proof, by clear and convincing evidence, that the economic hardship caused by designation is disproportionate to the value of the property with the designation in place.

B.

The commission shall consider the cost of the stabilization of the historic elements of the property as it relates to the appraised value, and evidence of the economic return of maintaining the designation versus other proposed uses.

C.

The application shall be submitted to the commission, and a public hearing shall be set at the earliest commission meeting after the application is filed.

D.

After the public hearing, the commission shall recommend in writing that the city council either grant or deny the request. The recommendation shall be based on one or more of the following findings:

1.

Sale or lease of the property is impractical in comparison to holding the property;

2.

Denial of the request will diminish the value of the property so as to leave substantially no value, or damage the owner unreasonably in comparison to benefits conferred on the community;

3.

An adaptive reuse study has been satisfactorily conducted, and found that utilization of the property for other lawful uses is not feasible, or that it would not allow a reasonable rate of return to the owner;

A rehabilitation study has been satisfactorily conducted, and that it would not allow a reasonable rate of return to the owner;

5.

All means have been explored to relieve possible economic disincentives to no avail, involving citysponsored incentives as of rights, tax abatements, financial assistance, application of the SHBC, zoning variances, loans, grants or reimbursements;

6.

The owner has made every possible effort to find a willing buyer for the property who would agree to restore the historic landmark and has not been able to find a buyer who would offer a purchase price which afforded the owner a reasonable rate of return.

(Ord. 1134 § 2 (part), 1997)

Any substantial adverse change to an historic landmark shall be subject to the provisions of the Municipal Code governing demolitions.

(Ord. 1134 § 2 (part), 1997)

17.82.120 - Appeals.

Any action by the commission may be appealed by any interested party to the city council including but not limited to the following:

A.

The commission's decision not to hold a public hearing on an application for designation;

B.

A determination made after a public hearing that a property(ies) is not determined to be a historic landmark, potential resource or on any survey list;

C.

The commission's decision to grant or to not grant a certificate of appropriateness or certificate of economic hardship.

Any interested party may appeal by filing a notice of appeal with the city council not later than fourteen days after the commission's written decision has been filed with the city clerk.

(Ord. 1134 § 2 (part), 1997)

A.

Owners shall not be prevented from undertaking ordinary maintenance and repair as defined in this chapter.

B.

For demolition, removal, repairs or alteration for any element covered by this chapter, when the building department certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition, a permit may be issued under one of the following conditions:

1.

The condition cannot be rectified through the use of the California State Historical Building Code;

2.

Temporary repairs are necessary on an emergency basis;

3.

When the element shall be replaced according to the Secretary of the Interior's Standards for Rehabilitation.

(Ord. 1134 § 2 (part), 1997)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and adopted this chapter, and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 1134 § 2 (part), 1997)

Chapter 17.85 - HOME OCCUPATIONS

Sections:

The purpose of this chapter is to permit the conduct of limited business or professional activities in residentially zoned areas in such a manner that the residential appearance, character and use of a dwelling unit is not changed and the operation of such home occupation is not detrimental to the quality of life and property values in the neighborhood.

(Ord. 1161 § 3 (part), 1998)

"Home occupations" means any ongoing or repetitive business or professional use, activity or utilization of residentially zoned and improved property, by the inhabitants of said property, which is incidental and accessory to the primary residential use and does not generate an adverse impact to the surrounding neighborhood.

(Ord. 1161 § 3 (part), 1998)

17.85.030 - Permits and city business license required.

A.

No home occupation may be established and conducted without first obtaining a home occupation permit pursuant to the provisions of this chapter, and an annual business license pursuant to the provisions of Title 5 of the Sierra Madre Municipal Code.

B.

If an annual business license issued in connection with a home occupation is not active (i.e., expiration from failure to renew on time, termination, suspension, revocation), the associated home occupation permit shall be null and void.

C.

A home occupation that occasionally conducts activity related to, but more intense than, the activity for which it was permitted may do so if authorized by temporary use permit pursuant to Chapter 17.88 of this code. The timing of such an application shall be submitted in compliance with section 17.88.030(F).

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1470, § 4, 7-9-24)

Editor's note— Ord. No. 1470, § 4, adopted July 9, 2024, amended the title of § 17.85.030 to read as herein set out. The former § 17.85.030 title pertained to permit required.

Applications for home occupations may qualify for ministerial review if the application satisfies the following elements:

A.

That the home occupation will not generate any pedestrian or vehicular traffic nor impact street parking or public parking facilities.

B.

That in no way will the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction.

C.

That no visible signage, or other forms of exterior identification, which identifies the home occupation will be installed or otherwise placed on any part of the property where the home occupation is located.

D.

That the home occupation will not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code.

E.

That no more than one annual business license issued in connection with a home occupation permit per dwelling unit will be active at any one time.

F.

That all aspects of the home occupation will be conducted entirely within an enclosed structure. Articles, tools, materials, merchandise, products, activities and other related items or actions produced or used in conjunction with the home occupation shall not be stored, displayed or conducted outdoors.

G.

Except when a home occupation is for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days and where guest count does not exceed two persons per bedroom, that not more than the greater of (i) twenty-five percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, or (ii) four hundred square feet will be occupied for the "home occupation." Any construction, structural alterations or addition(s) to the main or accessory building shall be designed to be completely useable for a residential purpose.

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1470, § 5, 7-9-24)

Editor's note— Ord. No. 1470, § 5, adopted July 9, 2024, amended the title of § 17.85.040 to read as herein set out. The former § 17.85.040 title pertained to home occupations—permitted.

If an application for a home occupation does not satisfy all of the elements of Section 17.85.040, it may qualify for discretionary review if the applicant can demonstrate that the home occupation conforms to the purpose and intent of the Section 17.85.010 provisions, and the following criteria:

A.

That the home occupation will not generate any pedestrian or vehicular traffic above that which is normal, or reasonable, for the district where the home occupation is located nor unreasonably overload street parking or public parking facilities nor create a nuisance.

B.

That in no way shall the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction.

C.

That no visible signage, or other forms of exterior identification which identifies the home occupation will be installed or otherwise placed on any part of the property where the home occupation is located.

D.

That the home occupation will not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code.

E.

For home occupation activity outside an enclosed structure, that the home occupation will not be visually detrimental to the residential character of the neighborhood.

F.

Except when a home occupation is for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days and where guest count does not exceed three persons per bedroom, that not more than fifty percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, will be occupied for the "home occupation." Any construction, structural alterations or addition(s) to the main or accessory building shall be designed to be completely useable for a residential purpose.

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1466, § 106, 3-28-23; Ord. No. 1470, § 6, 7-9-24)

A home occupation shall not be permitted for any of the following uses, unless otherwise pre-empted by state law:

A.

Any uses described under Chapter 5.52 (Sale and Display of Narcotic Paraphernalia) of this code;

B.

Any uses described under Chapter 5.56 (Massage Therapy, Massage Business or Establishment) of this code;

C.

Any uses described under Chapter 5.58 (Licensing of Tobacco Retailers) of this code;

D.

Any uses prohibited under Chapter 17.10 (Uses Related to Marijuana) of this code;

E.

Any uses prohibited under Section 17.36.025 (adult businesses) of this code; or

F.

Any uses not consistent with the standards of this chapter.

(Ord. No. 1470, § 7, 7-9-24)

Editor's note— Ord. No. 1470, § 7, adopted July 9, 2024, repealed the former § 17.85.060, and enacted a new § 17.85.060 as set out herein. The former § 17.85.060 pertained to permit procedures and derived from Ord. 1161 § 3 (part), adopted 1998; Ord. No. 1466, § 107, adopted March 28, 2023.

Before any home occupation permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:

A.

That the home occupation is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the home occupation is located;

B.

That the home occupation will not impede the reasonable use of land or the orderly development of land in the immediate vicinity;

C.

That the home occupation will not endanger the public health, safety or general welfare;

D.

That the home occupation is consistent with all applicable standards of this code;

E.

For home occupation activity outside of an enclosed structure, that the home occupation is not visually detrimental to the residential character of the neighborhood;

F.

For a home occupation with on-site employment of an individual other than the resident family, that the site where the home occupation activity will be conducted provides an adequate improved parking area for the employee.

(Ord. No. 1470, § 8, 7-9-24)

Editor's note— Ord. No. 1470, § 8, adopted July 9, 2024, repealed the former § 17.85.070, and enacted a new § 17.85.070 as set out herein. The former § 17.85.070 pertained to revocation of permit and derived from Ord. 1161 § 3 (part), adopted 1998; Ord. No. 1466, § 108, adopted March 28, 2023.

Upon the receipt of an application for a home occupation permit showing, to the reasonable satisfaction of the reviewing authority the existence of facts as required under Section 17.85.070, the director shall determine if the proposed home occupation is "ministerial" pursuant to the provisions of Section 17.85.040 or is "discretionary" pursuant to the provisions of Section 17.85.050.

A.

If the proposed home occupation qualifies as "ministerial," the director shall approve the home occupation and notify the director of finance.

B.

If the proposed home occupation qualifies as "discretionary," the following provisions shall apply:

1.

The director may refer any application for home occupation qualifying as "discretionary" to the planning commission if the director determines at the director's sole discretion that the proposed home occupation has the potential to result in significant impacts detrimental to the residential character of the neighborhood in which it is proposed to be conducted.

2.

The applicant shall submit a completed application form and a complete written description of the proposed home occupation which shall include but not be limited to, anticipated hours of operation, anticipated storage of materials and supplies, anticipated amount of pedestrian and/or vehicular traffic which the home occupation will generate, and a graphic representation of the location of the proposed home occupation activity within the subject residence and/or accessory structure(s).

3.

The applicant shall provide with the submittal of a home occupation permit application a mailing list of all property owners within a three-hundred-foot radius of the property where the home occupation is proposed. Said mailing list shall include at least two sets of self-adhesive mailing labels. The director shall notify by mail all property owners within a three-hundred-foot radius of the pending home occupation application. Said notification shall describe the proposed home occupation and shall provide a comment period of not less than fourteen calendar days.

4.

Upon the consideration of any comments received, the reviewing authority may approve, or conditionally approve, the home occupation if the proposed home occupation is determined not to be detrimental, or otherwise be inconsistent with the residential character of the neighborhood in which it is proposed to be conducted.

5.

The director shall notify the director of finance that a home occupation has received a discretionary approval.

6.

If the reviewing authority determines that the proposed home occupation activity will be detrimental, or otherwise be inconsistent with the residential character of the neighborhood, the home occupation shall be denied.

(Ord. No. 1470, § 9, 7-9-24)

A.

Home Occupation Permits. Unless modified through discretionary review pursuant to subsection B. of this section, the applicant of a ministerial or discretionary home occupation and/or the operator of a home occupation shall, upon approval of a ministerial or discretionary home occupation permit, ensure that the activity conducted by the home occupation complies at all time with all of the following conditions:

1.

Upon a determination of approval for any home occupation permit, the applicant shall within ten business days from approval execute and deliver to the director an affidavit of acceptance of conditions on a form to be provided by the planning and community preservation department;

2.

The use shall not generate any pedestrian or vehicular traffic nor impact street parking or public parking facilities;

3.

In no way shall the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction;

4.

No visible signage, or other forms of exterior identification, which identifies the home occupation shall be installed or otherwise placed on any part of the property where the home occupation is located;

The home occupation shall not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code;

6.

No more than one home occupation permit and associated annual business license shall be issued for the dwelling unit;

7.

All aspects of the home occupation shall be conducted entirely within an enclosed structure. Articles, tools, materials, merchandise, products, activities and other related items or actions produced or used in conjunction with the home occupation shall not be stored, displayed or conducted outdoors;

8.

Not more than the greater of (i) twenty-five percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, or (ii) four hundred square feet shall be occupied for the home occupation except for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days in which case the guest count shall not exceed two persons per bedroom.

B.

Discretionary Home Occupations. Upon the approval of a discretionary home occupation permit, the reviewing authority may add any condition or modify any of the conditions above in subsection A. of this section as may be deemed reasonable and necessary to preserve the public health, safety and general welfare.

(Ord. No. 1470, § 10, 7-9-24)

A.

Upon the determination by the director that the home occupation may be a detriment to the character of the neighborhood in which it is located, or is not operating in conformance with the provisions of this chapter and/or the conditions of approval on which the home occupation permit was granted, the director shall place the matter before the planning commission for consideration of revocation or modification.

B.

The planning commission may revoke the home occupation permit and determine that the subject use is an impermissible home occupation and an illegal use of residential property if the following findings exist:

1.

The home occupation, by virtue of its location, extent of use or other specific criteria or evidence conflicts with the purpose and intent of this chapter, and has become a detriment or otherwise inconsistent with the residential character of the neighborhood in which it is located;

2.

The home occupation is in violation of the provisions of this chapter and/or conditions of approval, as applicable;

3.

The activities deemed to be detrimental and inconsistent with the residential character cannot be corrected by curative conditions.

C.

The determination of the planning commission may be appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

(Ord. No. 1470, § 11, 7-9-24)

A.

Appeals of Director Determination. Any decision by the director pursuant to the provisions of this chapter may be appealed to the planning commission within fourteen calendar days from the date of the determination. Such appeal shall be made in writing and be accompanied by an appeal fee designated in the city of Sierra Madre fee schedule. Upon the receipt of an appeal, the director shall notify all concerned parties and schedule the appeal for the first available planning commission meeting. The determination of the planning commission shall be final unless appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

B.

Referral to Planning Commission. If the director referred the application for home occupation to the planning commission pursuant to subsection B. of Section 17.85.080, then the decision of the planning commission may be appealed to the city council in accordance with Chapter 17.66 of this code.

(Ord. No. 1470, § 12, 7-9-24)

Chapter 17.88 - TEMPORARY USE PERMITS[[15]]

Sections:

Footnotes:

--- ( 15 ) ---

Editor's note— Ord. No. 1332, § 2, adopted Nov. 27, 2012, amended Chapter 17.88 in its entirety to read as herein set out. Former Chapter 17.88, §§ 17.88.010—17.88.070, pertained to similar subject matter and derived from Ord. 1219, §§ 1(part) and 2(part), adopted 2004.

The purpose of this chapter is to set forth certain temporary uses of private property which are consistent with the various provisions of this title, set forth operational standards and requirements for temporary uses, and provide for the protection of the public health, safety and welfare. Commercial uses in any zone which has a primary designation of residential is discouraged.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1470, § 13, 7-9-24)

17.88.020 - Allowable uses of permits.

A.

Temporary Use Permits Authorized. No person may use private property in a manner that is inconsistent with the permanently entitled authorized use of the private property, even if the use is of limited duration, unless a temporary use permit is issued therefore or the First Amendment would prohibit the city from requiring compliance with this chapter. The city may issue a temporary use permit in any zone in the city, to authorize any temporary use of property, including, but not limited to, those uses set forth in subsection C. of this section. A temporary use permit may authorize a temporary use, even if the use itself could not be authorized in the zone on a permanent basis.

B.

Uses Must Be "Temporary." A temporary use permit may be authorized only for uses that will be conducted on a "temporary" basis. For these purposes, "temporary" means:

1.

Non-Commercial Area. For property located outside the central core area, as defined under Section 17.35.050 of this code:

a.

Duration. The use will occur at the property for a period not to exceed twenty-four hours, inclusive of setup and takedown operations; and

b.

Frequency. The use will occur at the property no more than two times per calendar year and there must be at least fourteen days between any two temporary uses or between any temporary use and any film or photography productions permitted pursuant to Chapter 5.36 of this code.

2.

Commercial Area. For property located within the central core area, as defined under Section 17.35.050 of this code:

a.

Duration. The use will occur at the property as often as daily during the period specified in the permit, and will not span more than forty-five days, inclusive of setup and takedown operations; and

b.

Frequency. The use will occur no more than four times per calendar year.

C.

Specific Regulations. The following additional specific regulations apply to the following types of temporary uses, and supersede any inconsistent more general regulations set forth in this chapter:

1.

Carnivals. Carnivals, circuses and similar events may be permitted for a period of up to ten days within any twelve-month period, and no such activity shall be conducted for longer than five consecutive days at one time. Certification of the safety of rides shall be made by a professional engineer, registered in the state of California, which certification shall be provided to the building official prior to the commencement of the use of the equipment. The applicant shall also provide a site safety plan (site layout of the carnival) and include a parking plan for its employees and those persons associated with the carnival.

2.

Special Events. If a special events permit was issued pursuant to Chapter 12.34, and the use of the subject property is merely incidental to use of public property authorized pursuant to the special events permit, then the director shall approve the temporary use of the property, and shall impose conditions consistent with the purposes of the conditions imposed by the special events permit. If, however, the use of the private property is not merely incidental to the special events permit, then compliance with the other provisions of this chapter is required as if there were no special events permit issued for the use. The applicant shall provide a site safety plan (site layout of the special event) and include a parking plan for those persons associated with the special event.

3.

Seasonal Retail Sales. Otherwise vacant portions of privately owned property may be used for seasonalrelated retail sales. Examples of such uses, without limitation, include pumpkin patches and Christmas tree lots.

4.

Sales Promotions. Applications for the temporary display, exhibit and sale of goods, merchandise and equipment, and temporary display facilities, canopies and ancillary items relating thereto, to be utilized in conjunction with special promotional events, may be approved by the director pursuant to the provisions of this chapter. The length of any one promotional event shall not exceed seven consecutive days. A maximum of three such promotional events may occur at the same location or property within any twelvemonth period.

Temporary Signs. Temporary signs shall comply with the requirements of Chapter 17.72, Signs.

D.

Exemptions.

1.

House Parties. Private gatherings of up to forty-nine people, inclusive of all persons on site, not for commercial use.

2.

Publicly Owned Property. Events that are to be conducted on publicly owned property pursuant to Chapter 12.34 of this code.

3.

Filming Permits. Activities associated with an approved city film permit issued pursuant to Chapter 5.36 of this code.

4.

Construction Yards—On-Site. On-site contractors' construction yards in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon

completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

5.

Emergency Facilities. Emergency public health and safety needs/land use activities.

6.

Institutional Uses. Temporary use permits for properties with a general plan land use designation or zoning designation of "institutional" shall be regulated by the applicable master plan or conditional use permit under Chapter 17.38 of this code. If the master plan or conditional use permit does not regulate temporary use permits, then the property will be regulated under this chapter.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, §§ 2, 3, 9-27-22; Ord. No. 1466, § 109, 3-28-23; Ord. No. 1470, § 14, 7-9-24 ; Ord. No. 1471, § 5, 9-10-24)

A temporary use permit may not be issued unless an application is submitted to the director that meets the following requirements:

A.

Forms. Applications for temporary use permits shall be made on forms provided by the director. Temporary use permit applications shall include appropriate submittal materials as deemed necessary by the director.

B.

Filing Fee. Each application shall be accompanied by a filing fee in an amount as set forth by resolution of the city council, except that no such fee shall be required from any of the following:

1.

An applicant who states in its application that it is exempt from the payment of business license taxes, pursuant to the provisions of Title 5 of this code and requests waiver of the fees on these grounds;

2.

Any use which is for an event conducted for the purpose of engaging in constitutionally protected expression;

3.

Any temporary use that is incidental to the use permitted pursuant to a special events permit issued pursuant to Chapter 12.34, except that if the costs of the temporary use permit fee would be higher than the special events permit fee but for this exemption, then the temporary use permit fee shall be the difference between the two.

C.

Cash Deposits. Cash security deposits may be required by the director to ensure that all city property (e.g., sidewalks, streets, and parks) surrounding the temporary use is well maintained and properly cleared and cleaned at the conclusion of the temporary activity. The deposit may be used to offset costs which may be incurred by the city in the event that city property must be cleared or cleaned by city personnel. Any unused portion of the deposit shall be returned to the applicant.

D.

Permits Required. Each applicant shall apply for, and obtain, any necessary building, electrical and/or mechanical permits for the requested temporary use. Upon request, the applicant shall submit safety certification and/or permits for any equipment to be used as a component of the temporary use.

E.

Other Permits. Each applicant shall comply with all other requirements of the Municipal Code, including the requirements of Chapter 5.04 (Business Licenses Generally), Chapter 5.08 (Business License Fees), Chapter 12.12 (Obstruction of Streets, Sidewalks and Public Places), and Chapter 12.16 (Excavations).

F.

Timing of Application. Except as otherwise provided in subsection E. of this section, each application shall be submitted not less than forty-five days nor more than twelve months prior to the date(s) of the proposed temporary use.

G.

Constitutional Protections. If an application for a permit to conduct an event for the purpose of engaging in constitutionally protected expression is received less than forty-five days before the proposed event date, it shall be accepted for processing, if the director finds that the circumstance that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this section. The director shall decide whether an application meets such test for late submittal within two business days after receipt of the complete application. If an application for a permit to conduct an event which is not for the purpose of engaging in constitutionally protected expression is received less than fortyfive days before the proposed event date, the director may accept it for processing, if, in his/her reasonable discretion, he/she determines that good cause exists for such late submittal.

H.

Event Monitor. A temporary use permit for a commercial use must include, as a condition of approval, a requirement to have an event monitor on-site for the duration of any event taking place outside the central core area, as defined under Section 17.35.050 of this code, and anticipating or realizing fifty or more people in attendance. The cost of the event monitor will be paid by the city and reimbursed by the applicant. The event monitor will serve as the liaison between the applicant, the city, residents, and businesses on the day of the event and will confirm that the applicant is abiding by the terms of the temporary use permit, this code, and state law.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 4, 9-27-22; Ord. No. 1470, § 15, 7-9-24)

17.88.040 - Action on application.

A.

Director as Decision Maker. Except as otherwise provided in this chapter, the director is the decision maker on every application for a temporary use permit and shall approve, conditionally approve or deny each application pursuant to the provisions of this chapter.

B.

Constitutionally Protected Expression. The director shall take action on an application to conduct an event which is for the purpose of engaging in constitutionally protected expression within two business days after receipt of the complete application. If an aggrieved party wishes to file an appeal from such a determination, or relating to the conditions of approval, the applicant has the choice of whether the appeal shall be heard by the city manager, or whether the appeal shall proceed directly to the city council.

1.

If the city manager is to hear the appeal, the city manager shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal.

2.

If the applicant opted to appeal directly to the city council, or the applicant appeals the city manager's decision issued pursuant to subsection 1. immediately above, the appeal shall be processed in the same

manner as an appeal from a decision by the planning commission under Chapter 17.66.

C.

Notice of Right to Appeal. Notice of the issuance of a temporary use permit for a commercial use must be provided to every residential address within a three-hundred-foot radius of the property. If an application is denied, the director shall inform the applicant in writing of the grounds for denial, and the right of the applicant to appeal, pursuant to the provisions of this chapter. All notices must be provided within ten days of the director's decision.

D.

Director Referral to Planning Commission. Except with respect to applications to conduct events which are for the purpose of engaging in constitutionally protected expression, the director may elect to refrain from acting on an application, and may instead refer the application to the planning commission for timely action, subject to all requirements of this chapter.

E.

Late Applications. With respect to an untimely application, if the director decides that an application does not meet the criteria for late acceptance for processing he/she shall so inform the applicant within two business days of receipt of the application, and shall also inform the applicant of the right to appeal such determination, pursuant to the provisions of this chapter.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 5, 9-27-22; Ord. No. 1470, § 16, 7-9-24)

17.88.050 - Temporary use permit findings.

A.

Standard Applications. For applications for uses that do not have the purpose of engaging in constitutionally protected expression, temporary use permits may be approved pursuant to the provisions of this chapter only upon the making of the following findings:

1.

Non-Commercial Use.

a.

That the temporary use permit is compatible with the applicable provisions of this code;

b.

The temporary use is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the temporary use would be located;

c.

That the temporary use will not impede the reasonable use of land or the orderly development of land in the immediate vicinity;

d.

That the temporary use will not endanger the public health, safety or welfare; and

e.

The applicant has not violated a condition of a prior temporary use permit within a twenty-four-month period.

2.

Commercial Use.

a.

That the temporary use will not unreasonably overload street parking or public parking facilities nor create a nuisance;

b.

That the temporary use permit is compatible with the applicable provisions of this code;

c.

The temporary use is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the temporary use would be located;

d.

That the temporary use will not impede the reasonable use of land or the orderly development of land in the immediate vicinity;

e.

That the temporary use will not endanger the public health, safety or welfare;

f.

The applicant has not violated a condition of a prior temporary use permit within a twenty-four-month period;

g.

The temporary use will comply with all portions of the code, including Chapter 9.32 (Noise).

B.

First Amendment Applications. For applications for a use that is to engage in constitutionally protected expression, temporary use permits shall be approved pursuant to the provisions of this chapter if the following findings are made:

1.

The temporary use will comply with all portions of the code, including Chapter 9.32 (Noise).

2.

The use will not constitute a public nuisance.

3.

The temporary use will not endanger the public health, safety or welfare.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 6, 9-27-22; Ord. No. 1470, § 17, 7-9-24)

17.88.055 - Effect of denial.

Denial of a temporary use permit shall in no event prevent any person for applying for a special events permit pursuant Chapter 12.34.

(Ord. No. 1332, § 2, 11-27-12)

A.

Any decision of the director on a temporary use permit may be appealed to the planning commission. The planning commission's decision on an appeal shall be final.

B.

If, however, the director referred the matter to the planning commission pursuant to Subsection D of Section 17.88.040 then the decision of the planning commission may be appealed to the city council.

C.

When a decision is being appealed, the legislative body that is to hear the appeal shall consider the appeal no later than its next regularly scheduled meeting which is at least fourteen days after receipt of the appeal.

D.

All appeals shall be made in writing, on a form obtained from the director, and received by the director within ten days of the date of the decision being appealed. The appeal shall be accompanied by payment of a fee, in an amount as set by resolution of the city council.

E.

Notice of the appeal must be mailed to residents within a three hundred foot radius of the property referenced in the temporary use permit.

(Ord. No. 1332, § 2, 11-27-12; Ord. No. 1458, § 7, 9-27-22)

Chapter 17.90 - ART IN PUBLIC PLACES PROGRAM

Sections:

The purpose of the city of Sierra Madre art in public places program is to promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life, uniting the community around shared cultural experiences, and creating a cultural legacy for future generations. The program will achieve this purpose through the collection and exhibition of high quality, stylistically diverse art pieces, the chronicling of local history through the collection of artifacts, documents, and memorabilia, and the creation of programs and activities offering artistic opportunities. The program will implement the cultural and recreational elements of the city of Sierra Madre's general plan. Such a plan calls for provisions for the arts and other cultural resources in new commercial development within the city. The art in public places program will further that program goal by establishing a requirement that the design of certain projects incorporate a public art component.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

"Art work" means durable creations that may be original or limited editions of art and that may include, but not be limited to, sculptures, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics and may include architecture pursuant to Section 17.90.150 of this chapter. Media may include, but not be limited to, steel, bronze, wood, stone and concrete. For purposes of the art in public places program, "art work" does not include the following:

1.

Directional elements, such as signage or graphics;

2.

Objects that are mass produced in a standard design; or

3.

Landscape gardening, unless substantially comprising durable elements defined as "art work" under this section.

"Development project" means any development (including parking structures, mixed use, or commercial or industrial buildings), including remodeling, which requires a building permit or permits as described on the site plan submitted for approval to the city.

"Durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time.

"Project developer" means the owner, including its successor and assigns, of the subject property.

"Project valuation" means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the city in order to obtain a building permit or permits for the development project.

"Public place" means any exterior area on public or private property within the city of Sierra Madre which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.030 - Administration of the city of Sierra Madre art in public places program.

The art in public places program shall be administered by the city council of the city of Sierra Madre. To assist in administering the program, the city council may designate this responsibility to the Sierra Madre community services commission. If this designation is made, the community services commission shall review the program annually and report the results to the city council.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

(Ord. No. 1345, § 1, 9-24-13)

17.90.040 - Applicability.

A.

All new development projects, as defined in Section 17.90.020(B) of this chapter, including parking structures, residential developments of four units or more, and commercial and industrial development projects with a building valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, shall be subject to the provisions of this chapter.

B.

Including, but not limited to, exterior and interior modifications and additions, all development projects, as defined in Section 17.90.020(B) of this chapter consisting of the remodeling of existing nonresidential buildings, including parking structures, mixed use, or commercial or industrial buildings, shall be subject to the provisions of this chapter when such remodeling has a project valuation or valuations exceeding two hundred fifty thousand dollars in the aggregate, excluding earthquake rehabilitation required by this code for seismic safety. Individual tenant improvements in a commercial or industrial building shall be included.

C.

This two hundred fifty thousand dollar valuation threshold amount referred to in this section shall be adjusted for inflation in May of every even-numbered year based on the change in the Consumer Price Index For All Urban Consumers in the Los Angeles Riverside Anaheim standard metropolitan statistical area

or any successor to that index. The city manager shall calculate the adjusted amount and give notice of the increased amount in the manner required by law for notice of ordinances of the city.

D.

As determined by the city council, the development, remodeling or reconstruction of buildings may be exempt from the fee for the art in public places program if:

1.

The building is intended primarily to house one or more social service providers or government agencies; or

2.

The project consists of the reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

A.

Copies of this chapter shall be made available upon request to the public and shall be provided to any party applying for approval of a development project within the city of Sierra Madre.

B.

Prior to issuance of a final building permit or certificate of occupancy, the applicant or developer for projects identified in Section 17.90.040 of this chapter shall be required to either:

1.

Pay one percent of total project valuation of the development project for nonresidential projects, excluding land acquisition and off-site improvement costs, not to exceed four hundred fifty thousand dollars, for an art fee;

2.

Donate art work, as defined in Section 17.90.020(A) of this chapter, which shall have been approved by the city council pursuant to Sections 17.90.100 et seq., and which shall have a minimum value of one percent of the value of the proposed project development, not to exceed four hundred fifty thousand dollars, in lieu of the fee;

3.

Place art work, as defined in Section 17.90.020(A) of this chapter, which shall have been approved by the city council pursuant to Sections 17.90.100 et seq., and which shall have a minimum value of one percent of the value of the proposed project development, on the property on which the development project is located, not to exceed four hundred fifty thousand dollars, in lieu of the fee;

4.

Pay one-half of one percent of total project valuation of the development project for residential single-family projects of four or more units, including remodels and additions, not to exceed four hundred fifty thousand dollars, for an art fee; or

5.

Comply with a combination of the above subject to the approval of the city council.

C.

Any party may contribute money or art works valued at amounts greater than those required by this section with the approval of the city council.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

No final approval, such as a final inspection or a certificate of occupancy, for any development project subject to this chapter shall be granted or issued unless and until full compliance with the art in public places program is achieved in one or more of the following ways:

A.

The approved art work has been placed in a manner satisfactory to the city council.

B.

In-lieu art fees have been paid.

C.

Financial security, in an amount equal to the acquisition and installation costs of an approved art work, in a form approved by the city attorney, has been posted.

D.

An approved art work has been donated and accepted by the city council.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.070 - Creation of art in public places trust fund.

A.

There is hereby created within the treasury of the city a special fund to be known as the city of Sierra Madre art in public places trust fund.

B.

This fund shall be maintained by the city and shall be used solely for the intent and purpose stated in Section 17.90.010. All money received by the city pursuant to Sections 17.90.050 and 17.90.060 of this chapter or from endowments or gifts to the city designated for the arts shall be placed in the art in public places trust fund. All such money shall be deposited, invested, accounted for and expended as follows:

1.

Money received pursuant to Sections 17.90.050 and 17.90.060 of this chapter shall be deposited in the art in public places trust fund in a manner to avoid any commingling with other revenues and funds of the city, except for temporary investments, and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the art in public places trust fund shall be deposited in the art in public places trust fund and shall be expended only for the purpose for which the money was originally collected.

2.

Accounts may be reviewed by the public pursuant to the California Public Records Act.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

(Ord. No. 1345, § 2, 9-24-13)

The city council shall establish procedures for selecting art work to be purchased from the resources of the art in public places trust fund. Those procedures may include the following means:

A.

Open competition;

B.

Limited competition;

C.

Invitation;

D.

Direct purchase;

E.

Donation;

F.

Any combination of the above.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

Art that is placed on private property in lieu of a fee, or that is donated to the city in lieu of a fee, must qualify as art work, as defined in Section 17.90.020 of this chapter and shall be operated and maintained at all times in substantial conformity with the manner in which the art work was originally approved by the city council in compliance with Section 17.90.140 of this chapter.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

Any art proposed to be donated to the city in lieu of payment of a fee to the art in public places trust fund, or otherwise to fulfill the obligations set forth in Section 17.90.040 of this chapter, must qualify as an art work, as defined in Section 17.90.020 of this chapter and must be approved by the city council.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.110 - Application procedures for placement of art work on private property or donations of art work to the city of Sierra Madre in lieu of a fee.

An application for placement of art work on private property, or for the donation of art work to the city in lieu of a fee, shall be submitted to the city council and shall include:

A.

Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

B.

An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;

C.

Preliminary plans containing such detailed information as may be required by the city council to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood;

D.

A written agreement executed by the artist who created the art work, in which he/she expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws;

E.

When art work is to be placed on private property, a written statement executed by the property owner and approved by the city attorney that requires the landowner or his/her successors and assigns to defend, indemnify and hold the city harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from any claim, action or liability related to the art work;

F.

A narrative statement to be submitted to the city council to demonstrate that the art work will be displayed in a public place, as defined by Section 17.90.020 of this chapter; and

G.

A statement indicating the property owner's willingness to maintain the art work in compliance with Section 17.90.140 of this chapter.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.120 - Approval for placement of art work on private property or donations of art work to the city of Sierra Madre in lieu of a fee.

A.

Completed applications shall be submitted to the city council for review and approval of the art work, including consideration of the art work's conformity to the definition of art work in Section 17.90.020 of this chapter, its aesthetic quality and harmony with the existing on-site improvements and neighborhood, and its proposed location and public accessibility.

B.

If, after review, the applicant proposes, or the city council subsequently recommends, significant revisions to the architecture or physical design and layout of the proposed project, the revised application shall be returned to the city council for further review and recommendation concerning the revised proposal.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.130 - Application procedure for acceptance of art work donated to the city.

An application for acceptance of art work to be donated to the city shall include:

A.

Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work;

B.

An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs;

C.

A written agreement executed by the artist who created the art work in which he/she expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws; and

D.

Other information as may be required by the city council to adequately evaluate the proposed donation of the art work.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

17.90.140 - Ownership and maintenance of art work placed on the site of a project.

A.

All art work placed on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns in title to the site. The obligation to provide all maintenance necessary to preserve and maintain the art work in good condition shall remain with the owner of that site and the owner's successors and assigns.

B.

The obligation to maintain the art work shall be enforced as follows:

1.

Prior to the placement of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists, including, but not limited to, rights regarding the alteration, modification or relocation of subject art work. The city shall be a party to this document, and its final form and content shall be approved by the city attorney.

2.

Maintenance of art work, as used in this chapter, shall include, without limitation, preserving the art work in good condition to the satisfaction of the city, protecting the art work against physical defacement, mutilation or alteration, and securing and maintaining insurance coverage for fire, vandalism and extended liability in an amount to be determined by the director.

3.

At any time the city council determines that art work has not been maintained in substantial conformity with the manner in which it was originally approved, the director, as authorized by the city council, shall require the current property owner to either:

a.

Repair or maintain the art work; or

b.

After reasonable notice, pay the lesser of either the costs estimated by the city to be required to repair and maintain the art work and/or secure and maintain insurance for the art work, or the percent for the art fee required by Section 17.90.050 of this chapter based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the art work was required, as determined by the county tax assessor.

C.

Stolen works or works removed without proper authorization by the city are to be replaced by the owner. Replaced pieces are to be reviewed and approved by the city council subject to the criteria set forth in this chapter.

D.

All art work donated to the city shall become the property of the city upon acceptance by the city council.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

(Ord. No. 1466, §§ 110, 111, 3-28-23)

17.90.150 - Criteria for approving architecture as art.

Generally, architecture shall not be considered art work for purposes of the art in public places program unless approved by the city council. The criteria used to determine on a case-by-case basis whether architecture may be considered art work for purposes of fulfilling the requirements of this chapter shall include, but not be limited to, the following:

A.

The architect shall be substantially recognized by the art world in shows, museums, and/or publications.

B.

When reviewing architecture as art, the underlying concept of the architecture shall be more expressive than mere utilitarian architecture. The architecture as a whole, or certain architectural features, shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

C.

In the alternative, architecture can be considered art work if it is created as a collaborative effort with an artist, the artist does a majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been involved early in the design process. The artist shall have experience and knowledge of monumental scale sculpture.

D.

The architecture must meet all the general criteria regarding placement of art work on private property, as defined in Sections 17.90.120 et seq.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

The following procedure shall be followed by the project developer seeking approval of an architectural project to fulfill the requirements of this chapter:

A.

A project developer must make two presentations to the city council or such body designated by the city council to hear the presentation:

1.

The first presentation shall be made prior to the development application being deemed complete. The project developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The project developer and the architect must submit a conceptual statement expressing why the architecture should be considered an art work, including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture.

2.

The second presentation shall be made upon completion of the city approval process. The developer must then submit a maquette and other materials which satisfactorily illustrate the development project.

B.

The project developer and the architect shall demonstrate that high quality materials and craftsmanship will be used in the execution of the construction.

C.

If all of the foregoing criteria are met, the city council shall accept the architecture as an art work only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the city.

D.

The project developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

A.

Fees paid into the art in public places trust fund that are not committed within ten years from the date of payment may be returned to the current owner of the development project with all interests actually earned thereon if a written request for return is filed with the city treasurer during the tenth year after payment and refund of the fees is approved by the city council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the applicant is the payer of the fees and/or the current owner of the development project.

B.

The city council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the city council determines any one of the following applies:

1.

The city council finds the fee is needed for the art in public places program.

2.

Moneys were not posted as fees, but were satisfied by letter of credit, bond or other instrument taken to secure payment at a future date.

(Ord. 1244 § 1 (Exh. 1 (part)), 2006)

Chapter 17.93 - STANDARDS AND CRITERIA FOR WIRELESS COMMUNICATION FACILITIES[[16]]

Sections:

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. 1373U, adopted Dec. 8, 2015, amended Ch. 17.93 in its entirety to read as herein set out. Former Ch. 17.93, §§ 17.93.010—17.93.080, pertained to similar subject matter, and derived from Ord. No. 1247, § 1(Exh. A), adopted in 2006.

The purpose and intent of the city council in enacting the provisions of this chapter are to:

A.

Promote and protect the health, safety, comfort, convenience and general welfare of the city's residents and businesses;

B.

Protect the benefits derived by the city, its residents and the general public from access to wireless services while minimizing, to the greatest extent feasible, the redundancy of wireless telecommunication facilities in the city;

C.

Establish standards, timelines, and criteria, in accordance with applicable state and federal regulations, including, without limitation, the Telecommunications Act of 1996, 42 USC Sections 151 et seq., for the orderly development and siting of wireless communication facilities in the city;

D.

Establish standards to regulate the placement and design of wireless communication facilities to preserve the visual and other characteristics of the city by reducing, to the greatest extent feasible, adverse aesthetic impacts on nearby properties and the community as a whole; to assure compatibility with properties adjacent to such facilities; and, to protect the general health, safety, welfare, and quality of life of the residents of the city;

E.

Provide incentives for the location of wireless communication facilities on properties owned or controlled by the city where feasible and desirable to encourage clustering of facilities and to prevent proliferation of facilities and the unnecessary adverse impacts of such proliferation;

F.

Provide for the location of wireless communication facilities according to demonstrated need; encourage the use of existing facilities, including co-location of facilities on a single mast or site; and encourage the use of facilities which are as small and unobtrusive as feasible in light of the functional needs of the operator;

G.

Encourage the location of wireless communication facilities within nonresidential zones;

H.

Require all wireless communication facilities to be consistent with all other applicable city rules and regulations, including, without limitation, plans, municipal code provisions, and other applicable government regulations and standards;

I.

This section shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable state laws, and administrative and court decisions and determinations relating to same;

J.

This section is intended to regulate all uses of wireless communications in the city, including uses by public utilities, to the extent of the city's power to regulate the use of land under federal and state law, but not to exceed the scope of the city's authority.

(Ord. No. 1373U, 12-8-15)

In addition to the other definitions used in this title, the following words and phrases shall have the following meanings when used in this chapter unless the context clearly requires otherwise:

"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a wireless telecommunication facility to provide power to the wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a wireless telecommunication facility.

"Antenna" means any system of poles, panels, rods, reflecting disks, wire or similar devices used for the transmission or reception of electromagnetic signals. "Antenna" does not include an antenna structure or any device that is not affixed to land or the exterior of a structure.

"Antenna structure" means any structure, including a pole, mast, or tower, whether freestanding or mounted on another building or structure that supports an antenna or an array of antennas. The height of an antenna structure is measured to the highest point of any antenna mounted upon it or to any higher point of the antenna structure.

"Base station" means a non-tower supporting structure or equipment at a fixed location that enables FCClicensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

A.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks).

C.

Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (A) and (B) that has been reviewed and approved under applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

The term "base station" does not include any structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in [subsections] (A), (B) of this definition.

"Changes in height" should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. Title 47, U.S.C., section 1455.

e original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. Title 47, U.S.C., section 1455.

"Co-location" means a situation in which a single support structure or building supports more than one antenna, which antennas are owned or operated by more than one public or private entity and includes the mounting or installation of additional wireless transmission equipment at an existing wireless facility.

"Director" means the Sierra Madre Planning and Community Preservation Director or his or her designee.

"Equipment cabinet" means any transmission or other equipment other than an antenna housed within a protective case. An equipment cabinet may be indoors or outdoors, large or small, movable or immovable. Any equipment case with a heat sink or other cooling mechanism for the equipment inside qualifies as an equipment cabinet.

"Exempt facilities" means those wireless telecommunication facilities identified in Section 17.93.030 of this chapter.

"FCC" means the Federal Communications Commission or any successor to that agency.

"Height" means the distance from the existing grade at the base of an antenna structure or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building, to the highest point, when fully extended, of any antenna mounted on that structure or of the antenna structure itself.

"Monopole" means a freestanding antenna structure, with a single continuous footing, designed to be selfsupporting without the use of guywires.

"Non-tower supporting structure" means any structure, whether built for wireless communications purposes or not, that supports wireless transmission equipment under a valid permit at the time an applicant submits an application for a permit under this Code and which is not a wireless tower.

"Section 6409" means Title 47, U.S.C., section 1455.

"Site" for applications which the applicant contends are protected by Section 6409, Title 47, U.S.C. section 1455, means, the current boundaries of the leased or owned property surrounding the tower (other than towers in the public rights-of-way) and any access or utility easements currently related to the site, and, for other support structures, is further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small wireless facility" means:

The facilities:

a.

Are mounted on structures fifty feet or less in height including their antennas; or

b.

Are mounted on structures no more than ten percent taller than other adjacent structures; or

c.

Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

2.

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

3.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment, is no more than twenty-eight cubic feet in volume;

4.

The facilities do not require antenna structure registration under 47 C.F.R. § 17.1 et seq.;

5.

The facilities are not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

6.

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in Section 1.1307(b).

"Stealth facility" means a wireless communication facility designed to blend into the surrounding environment, to be minimally visible and to appear as a natural feature, such as a tree or rock or other natural or architectural feature, so that no portion of any equipment cabinet, transmission equipment, or any other apparatus associated with facility's function is visible from publicly accessible areas. A stealth facility may be incorporated into an architectural feature such as a steeple, parapet wall, light standard, equipment screen or landscaping.

"Transmission equipment" means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated

with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Tower" or "wireless tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

"Wireless" means any Federal Communications Commission licensed or authorized wireless telecommunications service.

"Wireless communication facility," "wireless facility," or "facility" means any device or system for transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves for cellular technology, personal communication services, mobile services, paging systems and related technologies. Facilities include towers, utility poles, transmitters, microwave dishes, antennas and parabolic antennas, and all other types of equipment used in transmitting or receiving signals; antenna structures, associated buildings, base stations, emergency power systems or cabinets which house support equipment; and other accessory development.

(Ord. No. 1373U, 12-8-15; Ord. No. 1410-U, § 3, 3-26-19; Ord. No. 1411, § 2, 4-9-19)

This section applies to all proposed antennas and modifications and related wireless communication facilities, as follows:

A.

All applications for approval of the installation of new wireless communication facilities in the city.

B.

All facilities for which applications were received by the department but not approved prior to the effective date of the ordinance codifying this section, shall comply with the regulations and guidelines of this section.

C.

All facilities for which applications were approved by the city on or prior to the effective date of the ordinance codifying this section shall be exempt from this section, except for the requirements of Sections 17.93.070 and 17.93.080.

D.

All facilities for which applications have been previously approved, but are now or hereafter modified.

(Ord. No. 1373U, 12-8-15)

A.

Type of Review. Upon receipt of an application for a new or modified wireless facility or collocation pursuant to this chapter, the department of planning and community preservation shall review such application to determine whether the application is complete. In addition to a standard application form for a conditional use permit, all applications for the approval of conditional use permits for wireless telecommunication facilities shall include, but are not necessarily limited to, an application fee and the following information:

1.

Site plan, drawn to scale, indicating all existing and proposed features of the proposed site;

2.

A complete project description, including the following information regarding the proposed wireless communication facility:

a.

Number, size, and approximate orientation of antennas;

b.

Heights of proposed facilities;

c.

Equipment enclosure type and size;

d.

Construction timeframe for equipment enclosure;

e.

Materials and colors of antennas;

f.

Description of structures necessary to support the proposed antennas and to house ancillary equipment;

g.

Description of lighting;

h.

Description of identification and safety signage;

i.

Description of access to the facility;

j.

Description of utility line extensions needed to serve the facility; and

k.

Backup power sources, if proposed.

3.

Floor plans, elevations and cross sections of any proposed equipment shelter or other appurtenant structure at a scale no smaller than one-fourth inch equals one foot with clear indication of all exterior materials and colors. Paint and materials samples shall be provided;

4.

Landscape plans, including the name and size of all proposed plants, irrigation detail and a landscape maintenance plan;

5.

Details, including number, manufacturer, model and type, power output, frequency range, and dimensions of all proposed antennas, cabinets and related equipment;

6.

A colored map indicating the coverage area of the provider's existing facilities in the vicinity of the site, the proposed coverage area of the proposed facility, and any facilities in the city or in the vicinity of the proposed site that are, or will be upon construction of the proposed facility, obsolete and can be removed;

7.

Full-scale story poles or other visual depiction of the actual size of the proposed facility, including all antennas and equipment shelters, shall be erected on-site five days prior to the beginning of the public notice period. The applicant and/or property owner shall provide the city with a liability waiver indemnifying the city against any claims that may result from said story poles or other visual depiction. Mock-ups for proposed monopoles shall be coordinated with the director;

8.

Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the city in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section; and

9.

For new facilities, the plans shall include a scaled depiction of the maximum permitted increase as authorized by Section 6409(a) of the 2012 Middle Class Jobs and Tax Relief Act, Title 47, U.S.C., section

1455 using the proposed project as a baseline; and

10.

Technical justification for the proposal (for example, to fill a "dead zone" or to accommodate increased demand), why the subject site is considered necessary to accomplish the provider's objectives, and why the proposed site is the most appropriate location;

11.

A siting analysis which identifies a minimum of two other feasible locations within or without the city which could serve the area intended to be served by the facility, unless the applicant provides technical reasons for providing fewer than the minimum. The alternative site analysis shall include at least one collocation site; and

12.

An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the levels deemed safe by the FCC; and

13.

A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application; and

14.

Such other information as the director shall establish from time to time pursuant to the Permit Streamlining Act, Government Code Section 65940, any other applicable law, or to respond to changes in law or technology.

15.

An application for a wireless telecommunication facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code Section 7901 shall be accompanied by evidence satisfactory to the director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

16.

Minor Modification Application Content. All applications for a wireless facility permit for a proposed minor modification to an existing wireless facility which the applicant contends is subject to Title 47, U.S.C., Section 1455 must include the following items:

a.

Application Form. The city's standard application form, available on the city's website or from the planning department, as may be amended.

b.

Application Fee. An application fee as established by the city council by resolution.

c.

Site and Construction Plans. Complete and accurate plans for the facility as existing and as proposed with all height and width measurements explicitly stated, drawn to scale, signed, and sealed by a Californialicensed engineer, land surveyor, and/or architect, which include the following items:

1.

A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plain view.

2.

For proposed collocations or modifications to wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed on February 22, 2012, or as approved if constructed after February 22, 2012. For proposed collocations or modifications to base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as it existed on February 22, 2012, or as approved if constructed after February 22, 2012.

d.

Statement Asserting that Section 6409 Applies. A written statement asserting that the proposed collocation or modification is an "eligible facilities request" and does not result in a substantial change in the physical dimensions of the facility's wireless tower or base station, as those terms are defined by Section 6409, Title 47, U.S.C., section 1455, and justifying that assertion.

e.

Affirmation of Radio Frequency Standards Compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the levels deemed safe by the FCC.

f.

Other Permits. An application for a wireless facility minor modification permit shall include all permit

applications with all required application materials for each and every separate permit required by the city for the proposed collocation or modification to an existing wireless telecommunications facility, including a building permit, an encroachment permit (if applicable), and an electrical permit (if applicable).

B.

Timeframe for Review. Under federal and state law, the city must act on an application for a permit for a new wireless facility within one hundred fifty days, and must act on an application for a permit for substantial modifications to existing facilities which the applicant does not contend are protected by Title

47, U.S.C., section 1455, within ninety days, after the applicant submits the application for a wireless facility permit, unless tolled due to issuance of any notice of incomplete application or by mutual agreement between the city and the applicant. Under federal law, the city must approve or deny an application for minor modifications to existing facilities which the applicant contends are protected by Title 47, U.S.C., section 1455, together with any other city permits required for a proposed wireless facility minor modification, within sixty days after the applicant submits the application, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under federal and state law, failure to act on a wireless facility permit application within these timelines, excluding tolling periods, may result in the permit being deemed granted by operation of law. In that case, the applicant must still comply with the standard conditions of approval in this chapter applicable to that type of facility.

C.

Tolling of the Timeframe for Review. The review period begins to run when the application is first submitted and may be tolled only by mutual agreement by the city and the applicant, or due to issuance of any notice of incomplete application by the city. The city shall provide any first notice of an incomplete application within thirty days of receipt of the application.

(Ord. No. 1373U, 12-8-15)

17.93.050 - Exempt facilities.

Except as specifically noted, the following types of facilities are exempt from the permit requirements of this chapter:

A.

Exempt by State and/or Federal Regulations. A wireless communications facility shall be exempt from the provisions of this chapter if and only to the extent state or federal law preempts local regulation of the facility.

B.

Exempt Subject to Locational Requirements. The following types of wireless communications facilities are exempt from the provisions of this chapter if such facilities are entirely on-site and are not located within required front or side yard setback areas. Facilities may be located in any portion of a rear yard in which accessory buildings may be located.

1.

Radio or Television Antenna. A single ground- or building-mounted receive-only radio or television antenna for the sole use of owners or occupants of the parcel or common interest development on which such antenna is located. The maximum height of such antenna shall not exceed ten feet above the building height prescribed for the zone in which the antenna is located.

2.

Satellite Dish Antenna. A ground- or building-mounted receive-only radio or television satellite dish antenna not exceeding twenty-four inches in diameter for the sole use of owners or occupants of the parcel or

common interest development on which the antenna is located, provided that the highest point of such dish does not exceed the height of the highest roof ridge or parapet line of the primary structure on the parcel.

3.

Citizen Band Antenna. A ground- or building-mounted citizens' band radio antenna not exceeding thirtyfive feet above grade, including any mast.

4.

Amateur Radio Antenna. A ground- or tower-mounted antenna operated by a federally licensed amateur radio operator. Such antennas shall require building permit approval and the director may regulate the placement of the antenna as necessary to ensure safety.

C.

Government Antennas. Antennas owned and operated by the city.

(Ord. No. 1373U, 12-8-15)

17.93.060 - Standards for the location of wireless communication facilities.

In addition to all other requirements of this chapter, including, without limitation, the requirement to obtain a conditional use permit, the placement of a wireless communication facility in the city shall comply with the following standards:

A.

General Requirements.

1.

Where feasible and aesthetically desirable, wireless communication facilities shall be located on city-owned or controlled properties or rights-of-way, with the exception of rights-of-way within or abutting residential districts, schools and parks.

2.

Wireless communication facilities installed or modified after the effective date of the ordinance codified in this chapter shall be co-located with existing and planned wireless communication facilities whenever feasible and aesthetically desirable to minimize overall visual impacts. Wireless communication providers are encouraged to locate their facilities adjacent to or concealed by water tanks, light standards and other utility structures.

3.

New or modified wireless communication facilities shall be designed to be as visually unobtrusive as possible. If feasible, new facilities shall be designed to be stealth facilities. All new facilities and substantial

changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and structures.

B.

Restricted Locations. No wireless communication facility shall be permitted in any residential or open space zone unless the applicant proves each of the following:

1.

Prohibition of such location would prevent service to areas accessible by the public rights-of way;

2.

Infeasibility of locating the facility elsewhere;

3.

The facility is designed as a stealth facility;

4.

The law otherwise requires the city to permit such location.

C.

Guidelines for Placement on a Structure. The preferred methods for mounting an antenna on a structure are, in order of preference, as follows:

1.

Mounted on an existing structure on the facade, roof or co-located on an existing antenna support structure;

2.

Mounted on an existing steel or concrete pole (i.e., light standard), in a stealth manner if feasible; or

3.

Mounted on new steel or concrete monopoles, in a stealth manner if feasible.

(Ord. No. 1373U, 12-8-15)

17.93.070 - Development requirements and standards.

A.

General Development Standards. The following general development standards shall be applied to all new or modified wireless communication facilities:

Compliance with the general plan and applicable specific plans;

2.

All wireless communication facilities shall be sited to minimize their impact upon scenic views. All wireless facility antennas, mounting hardware, and cabling shall be covered or painted to match the color and texture of the building, tower, or pole on which it is mounted;

3.

Wireless communication facilities located on vacant lots shall be considered temporary and the commission or city council, as the case may be, may impose conditions that such facilities shall be removed, and if appropriate, replaced with building-mounted facilities when the site is developed;

4.

All wireless communication facilities shall be substantially screened from view of surrounding properties and the public view in one or more of the following ways in a manner determined by the director:

a.

Screened with landscaping planted and maintained around the facility, in the vicinity of the facility, and along access roads as the director deems necessary. Such landscaping, including irrigation, shall be maintained until the wireless communication facility is removed from the site;

b.

Designed as stealth facilities;

c.

Co-located with an existing facility or structure so as to not create substantial visual impacts beyond those of the existing facility or structure.

5.

All wireless communication facilities shall be designed, located and operated to avoid interference with the quiet enjoyment of adjacent properties, and at a minimum shall be subject to the noise standards of Chapter 9.32 of this code. Where the director finds that the noise of such facility may have a detrimental effect on an adjacent property, he/she may require an independent acoustic analysis, at the applicant's expense, to identify appropriate mitigation measures;

6.

Except as otherwise provided by this chapter, a wireless communication facility on private property shall not exceed the height limit specified for the zone in which it is located. Facilities located on properties owned or controlled by the city shall not exceed sixty feet in height;

Barbed wire, razor wire, electrified fence, and any other type of hazardous fence are prohibited;

8.

Equipment shelters shall be architecturally compatible with neighboring structures on- and off-site;

9.

No advertising or signs other than owner identification and warning signs approved by the director shall be allowed on-site;

10.

No wireless communication facility shall be located less than fifty feet from a residential property line. A variance may be granted to vary from this requirement upon the findings specified in Sections 17.60.020 and 17.93.040(B) of this title;

11.

No ground-mounted equipment within a public right-of-way may exceed a height of five feet and/or an area of fifteen square feet;

12.

Equipment sheds and other ground-level ancillary components of a wireless communications facility shall be constructed and maintained below grade whenever the commission or city council, as the case may be, determines that undergrounding is necessary to preserve scenic views, protect the aesthetics of surrounding properties, or for reasons of traffic or public safety. All vents, exhausts and similar features for undergrounded equipment shall be flush to grade to the maximum extent feasible; all above-grade vents, exhausts or similar features shall be designed to blend with the environment to maximum extent feasible.

B.

Development Standards for Roof-Mounted Facilities. In addition to all other applicable development standards, wireless communication facilities proposed to be mounted on existing or proposed buildings shall comply with the following standards:

1.

Antennas and ancillary equipment shall be scaled and designed to integrate with building design so as to be visually unobtrusive. Design techniques may include locating the facility behind parapets or within steeples or towers.

2.

If antennas are mounted flush against a building wall, the color and material of the antenna and other equipment shall match the exterior of the building.

Roof-mounted antennas and equipment shall be located as far from the edge of the building as feasible.

C.

Development Standards for Monopoles. In addition to all other applicable development standards, monopoles shall comply with the following standards:

1.

An applicant shall demonstrate that a proposed facility cannot be placed on an existing building or colocated and the director may require an independent, third party review, at the applicant's expense, to identify alternatives to a proposed monopole.

2.

A monopole on private property shall not exceed the height limit established for the zone in which it is to be located, unless: the proposed facility is compatible with surrounding properties; the additional height is necessary to provide service within the city; and a conditional use permit is granted under the standards of Sections 17.60.040 and 17.93.040(B) of this title. In no event shall a monopole exceed sixty feet in height.

3.

Guywires or support structures shall not be allowed.

4.

Monopoles shall be designed to allow for co-location of additional antennas.

5.

Exterior lighting of monopoles is not permitted.

(Ord. No. 1373U, 12-8-15)

17.93.080 - Conditional use and encroachment permits required.

A.

New Facilities. Except for exempt facilities as specified in this chapter, all applications for approval of new wireless communication facilities must be approved in compliance with this section. Building permits shall be required for all approved wireless communication facilities, regardless of location.

1.

Private Property. All new wireless communication facilities located on private property shall require a conditional use permit approved by the planning commission pursuant to Chapter 17.60 of this title and this chapter.

2.

City-Owned Property. All new wireless communication facilities located on property owned or controlled by the city shall require city council approval of a conditional use permit pursuant to Chapter 17.60 of this title and this chapter, following a recommendation by the planning commission, and of a lease agreement.

3.

Public Rights-of-Way. All new wireless communication facilities, other than those operated by telephone corporations are permitted to install facilities in the public rights-of-way under Public Utilities Code section 7901, located within the public right-of-way, shall require approval of an encroachment permit under Section 12.12.030 of this code in addition to a conditional use permit and lease agreement pursuant to subsection (A)(2) of this section. New wireless communication facilities operated by telephone corporations permitted to install facilities in the public rights-of-way under Public Utilities Code section 7901 within the public right-of-way shall require the approval of an encroachment permit pursuant to the terms of Section 12.12.030 of this code.

B.

Changes to Existing Facilities. All permit applications which in any manner whatsoever seek approval to modify a previously approved facility received after the effective date of this section must be approved by the same review authority as if the applicant were applying for a new facility at that location as specified in subsection (A) of this section.

C.

Minor Modifications to Existing Facilities. All minor modifications to an existing wireless facility that meet the conditions of approval required for a conditional use permit for a wireless facility minor modification as specified in subsection (G) of this section shall be subject to the approval of (i) a conditional use permit by the planning and community preservation director, in addition to (ii) an encroachment permit (if located on city-owned property), and (iii) any other permit required by applicable provisions of this code.

D.

Application/Permit Fees. Each application for a permit under this chapter shall be accompanied by an application fee in an amount established from time to time by resolution of the city council. Application fees and building permit fees shall be waived for facilities to be located on properties owned or controlled by the city.

E.

Notice Requirements. Notice and hearing requirements for conditional use permits required by this chapter are those specified in Chapter 17.60 for conditional use permits generally.

F.

Application Requirements. Except as otherwise required by this chapter, applications for permits for wireless communication facilities shall be submitted and processed in accordance with the requirements of this title for conditional use permits generally. Any study or report, performed at the request of the city or by

engineers or experts retained by the city, shall be at the applicant's sole expense. The director may obtain a third party, independent technical review of an application at the applicant's expense.

G.

Findings of Approval. The commission or, where required by this chapter or on appeal, the city council, may approve a conditional use permit for a wireless communication facility only upon making the necessary findings of approval for a conditional use permit set forth in Chapter 17.60 of this title and the following written findings based on substantial evidence of record:

1.

The placement, construction, or modification of a wireless telecommunications facility in the proposed location is necessary for the provision of wireless services by closing a significant gap in the applicant's existing wireless service coverage.

2.

The proposal demonstrates a reasonable attempt to minimize standalone facilities, is designed to protect the visual quality of the city to the maximum extent practicable, and will not have an undue adverse impact on historic resources, scenic views, or other natural or manmade resources.

3.

That one of the following is true: (a) all applicable requirements and standards of this chapter have been met; (b) a variance has been granted from any requirement or standard of this chapter which has not been met; or (c) strict compliance with the requirements and standards of this chapter would not provide for adequate radio frequency signal reception and that no other alternative design of the facility that would meet the development standards is feasible.

4.

In addition to the findings required in subsections (G)(1)—(3) above, no proposed new or substantially modified wireless telecommunication facility within a public right-of-way may be approved unless the following findings are made:

a.

The proposed facility has been designed to blend with the surrounding environment, with minimal visual impact on the public right-of-way; and

b.

The proposed facility will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of vehicles and pedestrians.

H.

Findings Required for Approval of Minor Modifications to Existing Wireless Facilities. An applicant seeking approval of a collocation or modification to an existing wireless telecommunication facility which the

applicant contends is within the protection of Title 47, U.S.C., section 1455, and qualifies as a minor or not substantial modification, must apply for and receive approval of a conditional use permit for a minor modification of a wireless facility in compliance with this section. This subsection is intended to comply with the city's obligations under federal law, which provides that the city "may not deny, and shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." (47 U.S.C. § 1455, subd. (a) (1), adopted as Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L No. 11296, 126 Stat. 156.) This subsection sets forth standards for the city to review an application for a wireless facility minor modification permit submitted by an applicant who asserts that a proposed collocation or modification to an existing wireless telecommunications facility is covered by this federal law. The city's review of these applications is structured to comply with the requirements of Title 47, U.S.C., section 1455 and the Federal Communications Commission's regulations implementing this federal law, adopted on December 17, 2014 and codified at 47 C.F.R. §§ 1.40001 et seq. Consistent with Section 17.93.010(J), this subsection is intended to promote the public's health, safety, and welfare, and shall be interpreted consistent with the federal Telecommunications Act of 1996 (Pub.L. No. 104-104, 110 Stat. 56), Title 47, U.S.C., section 1455, and applicable Federal Communications Commission regulations and court decisions considering these laws and regulations. Under federal law, the city must approve or deny an application for a wireless facility permit for a minor modification, together with any other city permits required for a proposed wireless facility minor modification, within sixty days after the applicant submits the application for a wireless facility permit which the applicant contends is protected by Title 47, U.S.C., section 1455, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under federal law, failure to act on a wireless facility permit application for a minor modification within the sixty-day review period, excluding tolling period, may result in the permit being deemed granted by operation of law. In that case, the applicant must still comply with the standard conditions of approval in this subsection.

1.

The planning and community preservation director must approve an application for a conditional use permit for a wireless facility minor modification that is a collocation or modification to an existing wireless tower on private property which the applicant contends is within the protection of Title 47, U.S.C., Section 1455 only if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities;

b.

The proposed collocation or modification does not increase the height of the existing wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012 by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than twenty feet or the width of the tower at the level of the appurtenance, whichever is greater;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access or utility easements;

f.

The proposed collocation or modification does not defeat any existing concealment, stealth, or camouflage elements of the support structure; and

g.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, U.S.C., section 1455, subdivision (a).

2.

The planning and community preservation director must approve an application for a conditional use permit for a wireless facility minor modification that is a collocation or modification to an existing base station on private property which the applicant contends is within the protection of Title 47, U.S.C., section 1455 only if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

b.

The proposed collocation or modification does not increase the height of the existing wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012 by more than ten percent or ten feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than six feet;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access and utility easements;

f.

The proposed collocation or modification does not defeat any existing concealment, stealth, or camouflage elements of the support structure; and

g.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, U.S.C., section 1455, subdivision (a).

3.

The planning and community preservation director must approve an application for a conditional use permit for a wireless facility minor modification that is a collocation or modification to an existing wireless tower or base station in the public right-of-way only which the applicant contends is within the protection of Title 47, U.S.C., section 1455 if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to either (i) a structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or (ii) a structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

b.

The proposed collocation or modification does not increase the height of the existing wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than ten percent or ten feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than six feet;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve either (i) the installation of any new equipment cabinets on the ground, if none already exist, or (ii) the installation of ground equipment cabinets that are more than ten percent larger in height or overall volume than any existing ground cabinets;

f.

The proposed collocation or modification does not involve any excavation outside the area in proximity to the existing ground-mounted equipment in the public right-of-way;

g.

The proposed collocation or modification does not defeat any existing concealment, stealth, or camouflage elements of the existing structure; and

h.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, U.S.C., section 1455, subdivision (a).

(Ord. No. 1373U, 12-8-15)

Wireless communication facilities shall comply with the following operation and maintenance standards at all times. Failure to comply shall be considered a violation of the conditions of approval and constitute a violation of this code subject to any remedy available under this code or applicable law as well as a basis for revocation of a permit pursuant to Section 17.60.160 of this title. All facilities subject to a conditional use or encroachment permit approved under this section, including any facilities for which a permit is deemed approved by operation of law, shall be subject to the following standards as automatic conditions of approval:

A.

Except for exempt facilities, a maintenance and facility removal agreement shall be executed by the operator and the property owner (if other than the city). No permit shall become effective until such agreement has been executed. Said agreement shall bind the operator and property owner and their successors and assigns as to the facility to the following:

1.

Maintain the appearance of the facility;

2.

Remove the facility when required by this chapter and any conditions of approval or when it is no longer in use no later than thirty days after the discontinuation of use. Disuse for thirty days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this code or any predecessor to this code;

3.

Pay all costs the city reasonably incurs to monitor a facility's compliance with conditions of approval and applicable law;

4.

Reimburse the city for any and all costs incurred for work required by this chapter, applicable law, or the conditions of a permit issued by the city for the facility which the operator and property owner fail to perform after written notice from the city to do so;

5.

Where the commission or council, as the case may be, determines that it is necessary to ensure

compliance with the conditions of approval or removal of a facility that is temporary in nature or upon its disuse, the operator or owner shall post a performance bond, cash or a letter of credit or other security acceptable to the director in the amount of ten thousand dollars, or such higher amount as the director reasonably determines is necessary to ensure compliance with the maintenance and facility removal agreement.

6.

The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the city and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys' fees), or damages arising from the city's review and approval of the design, construction, operation, location, inspection or maintenance of the facility.

B.

All facilities not removed within the required thirty-day period shall be in violation of this code. In the event the city removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs.

C.

Each wireless communication facility shall include signage approved by the director identifying the name and phone number of a party to contact in the event of an emergency. Such signage must comply with any applicable provisions of this title. Where a utility pole or light standard is utilized as support structures, the signage shall be attached to the base of the pole or standard. Facilities shall not bear any signs or advertising devices other than this contact information, any other legally required certification, warning, or other required seals or signage, or as expressly authorized by the city in writing.

D.

Wireless communication facilities and the sites on which they are located shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any

cause shall be repaired within five days of written notice by the city to do so. Graffiti shall be removed as soon as practicable, and within forty-eight hours of notice by the city to do so.

E.

The owner or operator of a wireless communication facility shall maintain landscaping in accordance with an approved landscape plan and shall replace dangerous and/or dead trees, foliage or other landscape elements shown on the approved plans. Amendments or modifications to the landscape plan shall be approved pursuant to Section 17.60.025 of this title.

F.

A wireless communication facility shall be operated to minimize noise impacts to surrounding residents and persons using nearby facilities and recreation areas. All equipment that may emit noise in excess of the levels permitted by Chapter 9.32 of this code shall be enclosed. Backup generators shall only be used during periods of power outages or for testing.

G.

Temporary power shall be allowed during the initial construction or major repair of a facility for not more than five business days.

H.

Vehicle and personnel access to the sites for maintenance and repairs shall not be made from residential streets or adjacent residential properties to the maximum extent possible.

I.

Electromagnetic Field Exposure.

1.

Wireless communication facilities operating alone and in conjunction with other wireless communication facilities shall not generate electromagnetic field (EMF) exposure or other measurable radiation in excess of the standards for permissible human exposure, as provided by applicable federal regulations.

2.

Within sixty days of a wireless communications facility becoming operational, the applicant shall provide the director a report indicating the actual EMF levels measured at the property line or nearest point of public access, whichever is closer, in the direction of maximum radiation from each antenna. Reports shall specify signal levels with the site operating at full power and baseline levels with the site inoperative. Technical data shall be presented showing levels relative to the currently permitted federal regulations. Raw measurements shall be provided as an appendix. In addition, the report shall summarize in lay terms the technical data presented.

3.

Every two years, the operator of a wireless communication facility shall test EMF exposure levels and submit a written report of test results to the director. In years when testing is not required, the operator of a wireless communication facility shall submit to the director written certification by an independent licensed engineer that no modifications have been made to the facility design or configuration that have increased or will increase EMF exposure as compared to the permitted facilities or the facilities that were present at the time of the last report to the director. If modifications have been made to the facility which have increased or will likely increase EMF exposure, the operator shall provide a supplemental report measuring the modified facility.

4.

EMF reports required by this section shall be paid for by the applicant and prepared by a third party consultant acceptable to the director using a testing protocol acceptable to the director.

J.

In addition to any other conditions of approval permitted under federal and state law and the above performance standards and any other conditions of approval that the director deems appropriate or required under this code, all conditional use or encroachment permits for wireless facility minor

modifications subject to Title 47, U.S.C., section 1455, including any minor modifications for which a permit is deemed approved by operation of law, shall be subject to the following conditions of approval:

1.

No Automatic Renewal. The grant or approval of a permit for a wireless facility minor modification shall not renew or extend the underlying permit term.

2.

Compliance with Previous Approvals. The grant or approval of a permit for a wireless facility minor modification shall be subject to the conditions of approval of the underlying permit, except as may be preempted by Section 6409, subdivision (a).

3.

As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire wireless telecommunications facility as modified, including all transmission equipment and all utilities, within ninety days after the completion of construction.

4.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the wireless facility minor modification permit and the issuance of any permit or entitlement

in connection therewith. The applicant shall pay such obligations as they are incurred by city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

5.

Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of this code, any permit issued under this code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

6.

Compliance with Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

7.

Violations. The facility shall be developed, maintained, and operated in full compliance with the conditions of the wireless facility minor modification permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this code, the conditions of approval for the wireless facility minor modification permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

8.

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, U.S.C., section 1455, such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a permit for a wireless facility minor modification, such permit shall automatically expire twelve months from the date of that opinion.

9.

The grant, deemed-grant or acceptance of a permit for a wireless facility minor modification shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, U.S.C., section 1455 or any permit for a wireless facility minor modification issued pursuant to Title 47, U.S.C., section 1455 or this code.

(Ord. No. 1373U, 12-8-15)

A.

Purpose. This section is intended to comply with the city's obligations under 47 C.F.R. section 1.6001 et seq., which implements 47 U.S.C. sections 332(c)(7) and 1455. This section creates a process for the city to review an application for a small wireless facility permit submitted by an applicant who asserts that a proposed collocation of a small wireless facility using an existing structure or the deployment of a small wireless facility using a new structure, and the modifications of such small wireless facilities, is covered by federal law and to determine whether the city must approve the proposed collocation or deployment.

B.

Applicability. An applicant seeking approval of a collocation to an existing structure or a deployment to a new structure which the applicant contends is within the protection of Title 47, U.S.C., sections 332(c)(7) and 1455 and 47 C.F.R. section 1.6001 et seq. shall apply for the following at the same time: (i) a small wireless facility permit, (ii) an encroachment permit from the public works department (if required by applicable provisions of the city's Municipal Code), and (iii) any other permit required by applicable provisions of the Code including a building permit or an electrical permit.

C.

Application Content: All applications for a small wireless facility permit must include the following items:

1.

Application Form. The city's standard application form, available on the city's website or from the department, as may be amended.

2.

Application Fee. An application fee of $1,000.00 to cover staff and consultant costs or such other amount as may be established by the city council by resolution.

3.

Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.

a.

A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated.

b.

A depiction, with height and width measurements explicitly stated, of all existing and proposed transmission equipment.

c.

A depiction of all existing and proposed utility runs and points of contact.

d.

A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

e.

For proposed collocation or deployment to wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed on a demolition plan.

4.

Visual Simulations. A visual analysis that includes (i) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (ii) a color and finished material palate for proposed screening materials; and (iii) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

5.

Statement Asserting that 47 C.F.R. Section 1.6001 et seq. applies. A written statement asserting that the proposed collocation or deployment meets the federal, state and City standards and qualifications for a small wireless facility and explaining why those standards are met.

6.

Prior Permits. True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, U.S.C., section 1455 and the Federal Communications Commission's regulation implementing this federal law.

7.

Affirmation of Radio Frequency Standards Compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

8.

Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer, for the proposed small wireless facility including, but not limited to, equipment, such as air conditioning units

and back-up generators; or a written statement signed and sealed by a California-licensed engineer indicating that the proposed facility will not alter the existing noise levels or operational equipment which creates noise.

9.

Other Permits. An application for a small wireless facility permit shall include all permit applications with all required application materials for each and every separate permit required by the City for the proposed collocation or deployment, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable).

D.

Application Review. Each application for a new or modified small wireless facility permit shall be reviewed by the director. The city must approve or deny an application for a small wireless facility permit, together with any other city permits required for a proposed small wireless facility, within sixty days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within ninety days after the applicant submits an application to deploy a small wireless facility using a new or replacement structure. The director shall provide written notice to all property owners within five hundred

uired for a proposed small wireless facility, within sixty days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within ninety days after the applicant submits an application to deploy a small wireless facility using a new or replacement structure. The director shall provide written notice to all property owners within five hundred

feet of the site of a proposed small wireless facility upon receipt of an application for a small wireless facility permit.

E.

Tolling Period. Unless a written agreement between the applicant and the city provides otherwise, the application is tolled when the city notifies the applicant within ten days of the applicant's submission of the application that the application is materially incomplete and identifies the missing documents or information. The shot clock may again be tolled if the city provides notice within ten days of the application's resubmittal that it is materially incomplete and identifies the missing documents or information. For an application to deploy small wireless facilities, if the city notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and identifies the missing documents or information and the rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation will restart at zero on the date the applicant submits a completed application.

F.

Standards Governing Approval by Director.

a.

The director shall approve or deny an application to collocate a small wireless facility using an existing structure by evaluating the following standards:

i.

The existing structure was constructed and maintained with all necessary permits in good standing.

ii.

The existing structure is fifty feet or less in height, including any antennas, or the existing structure is no more than ten percent taller than other adjacent structures.

iii.

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

iv.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment serving the facility, is no more than twentyeight cubic feet in volume.

v.

The small wireless facilities do not extend the existing structure on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater.

vi.

The small wireless facility does not require an antenna structure registration under part 47 C.F.R. section 17.1 et seq.

vii.

The small wireless facility is not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x).

viii.

The proposed collocation is consistent with the wireless facility permit location requirements of Section 17.93.060.

ix.

The proposed collocation is consistent with the development requirements and standards of Section 17.93.070.

x.

The proposed collocation is consistent with the conditional use and encroachment permit requirements of Section 17.93.080.

xi.

The proposed collocation is consistent with the operation and maintenance standards provisions of Section 17.93.090.

xii.

The proposed collocation would be in the most preferred location and configuration within two hundred fifty feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location or configuration within two hundred fifty feet would be technically infeasible, applying the preference standards of this section.

xiii.

The proposed collocation is designed as a stealth facility, to the maximum feasible extent. All facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All equipment shall be placed underground to the maximum extent feasible. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible.

b.

The director shall approve or deny an application to deploy a small wireless facility using a new or replacement structure by evaluating the following standards:

i.

The new or replacement structure was constructed and maintained with all necessary permits in good standing;

ii.

The new or replacement structure is fifty feet or less in height, including any antennas, or the new or replacement structure is no more than ten percent taller than other adjacent structures;

iii.

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

iv.

All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any pre-existing equipment associated with the facility, is no more than twenty-eight cubic feet in volume;

v.

The small wireless facility does not require an antenna structure registration under part 47 C.F.R. section 17.1 et seq.;

vi.

The small wireless facility is not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x);

vii.

The proposed facility is consistent with the wireless facility permit location requirements of Section 17.93.060;

viii.

The proposed facility is consistent with the development requirements and standards of Section 17.93.070;

ix.

The proposed facility is consistent with the conditional use and encroachment permit requirements of Section 17.93.080;

x.

The proposed facility is consistent with the operation and maintenance standards provisions of Section 17.93.090;

xi.

The proposed facility would be in the most preferred location and configuration within two hundred fifty feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location or configuration within two hundred fifty feet would be technically infeasible, applying the preference standards of this section;

xii.

The proposed facility is designed as a stealth facility, to the maximum feasible extent. All facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All equipment shall be placed underground to the maximum extent feasible. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques for small wireless facilities do not include incorporating faux-tree designs.

c.

Small Cell Location and Configuration Preferences. The city prefers that small wireless facilities in the public right of way be configured on the following support structures, in order of preference from most to least preferred: existing or replacement street light standard; existing or replacement concrete or steel utility pole; existing or replacement wood utility pole: new street light standard: new utility pole. The city prefers that small wireless facilities outside the public right of way be configured on the following support structures, in order of preference from most to least preferred: on existing, approved wireless facility support structures operating in compliance with the Municipal Code; on existing buildings or non-tower structures; on existing or replacement utility poles or towers; in new towers meeting the height requirements of the applicable FCC regulations.

G.

Conditions of Approval for Small Wireless Facility Permits. In addition to any other conditions of approval permitted under federal and state law and the Municipal Code that the director deems appropriate or

required under this code, all small wireless facility permits under this subsection issued by the city of deemed approved by operation of law shall include the following conditions of approval:

1.

No Automatic Renewal. The grant or approval of a small wireless facility permit shall not renew or extend the underlying permit term.

2.

Compliance with Previous Approvals. The grant or approval of a small wireless facility permit shall be subject to the conditions of approval of the underlying permit.

3.

As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire small wireless facility as modified, including all transmission equipment and all utilities, within ninety days after the completion of construction.

4.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the wireless facility minor modification permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

5.

Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of the city's municipal code, any permit issued under the code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under the Municipal Code, any permit issued under the code, or all other applicable laws and regulations.

6.

Compliance with approved plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

Violations. The small wireless facility shall be developed, maintained, and operated in full compliance with the conditions of the small wireless facility permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the code, the conditions of approval for the wireless facility minor modification permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

8.

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, U.S.C., section 1455, or the Federal Communications Commission's Declaratory Ruling and Report and Order (FCC18-133) adopting 47 C.F.R. section 1.6001 et seq., such that such statute would not mandate approval for the collocation or deployment granted or deemed granted under a wireless facility minor modification permit, such permit shall automatically expire twelve months from the date of that opinion.

section 1455, or the Federal Communications Commission's Declaratory Ruling and Report and Order (FCC18-133) adopting 47 C.F.R. section 1.6001 et seq., such that such statute would not mandate approval for the collocation or deployment granted or deemed granted under a wireless facility minor modification permit, such permit shall automatically expire twelve months from the date of that opinion.

9.

The grant, deemed-grant or acceptance of a small wireless facility permit shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, U.S.C., section 1455 or the Federal Communications Commission's Declaratory Ruling and Report and Order (FCC18-133) adopting 47 C.F.R. section 1.6001 et seq. or any small wireless facility permit issued pursuant to Title 47, U.S.C., section 1455, the Federal Communications Commission's Declaratory Ruling and Report and Order (FCC 18-133) adopting 47 C. F. R. section 16001 et seq., or the city's Municipal Code.

H.

Small Wireless Facility Permit Denial Without Prejudice.

1.

Grounds for Denial Without Prejudice. The director may deny without prejudice an application for a small wireless facility permit in any of the following circumstances:

a.

The director cannot make all findings required for approval of a small wireless facility permit;

b.

The proposed collocation or deployment would cause the violation of an objective, generally applicable law protecting public health or safety;

c.

The proposed collocation or deployment involves the removal and replacement of an existing building's entire supporting structure; or

d.

The proposed collocation or deployment does not qualify for mandatory approval under Title 47, U.S.C., section 1455, and 47 C.F.R. section 1.6001 et seq., as may be amended or superseded, and as may be interpreted by any order of the Federal Communications Commission or any court of competent jurisdiction.

2.

Procedures for Denial Without Prejudice. All small wireless facility permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the city denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.

3.

Submittal After Denial Without Prejudice. After the director denies a small wireless facility permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

a.

Submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment;

b.

Submit a new wireless facility permit application for the same or substantially the same proposed collocation or deployment; or

c.

Submit an appeal of the director's decision.

4.

Costs to Review a Denied Permit. The city shall be entitled to recover the reasonable costs for its review of any small wireless facility permit application. In the event that the director denies a small wireless facility permit application, the city shall return any unused deposit fees within sixty days after a written request from the applicant. An applicant shall not be allowed to submit a small wireless facility permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

(Ord. No. 1410-U, § 4, 3-26-19; Ord. No. 1411, § 3, 4-9-19)

17.93.110 - Duration, revocation, and discontinuance.

A permit for a wireless communication facility shall expire one year after permit approval unless the applicant has obtained by that time approval of a building permit and has requested an initial building inspection.

A.

Duration of Permits and Approval.

1.

Permits for wireless communication facilities shall be valid for an initial maximum period of ten years, or as specified by the approving body, from the date of the initial building inspection.

2.

A permit may be extended without a public hearing for a maximum of three, two-year terms by the director upon verification of continued compliance with conditions of approval under which the permit was originally approved and a determination based on substantial evidence in the record of his/her decision that findings for issuance of a new facility could be made.

3.

A permit may be revoked pursuant to Section 17.60.160 of this title.

4.

All costs reasonably incurred by the city in verifying compliance and in extending or revoking an approval shall be borne by the permit holder.

B.

Discontinuance of Use. All equipment and improvements associated with a wireless communication facility shall be removed within thirty days of the discontinuation of the use and the site shall be restored to its original, preconstruction condition, or other as approved by the director. For facilities located on property owned or controlled by the city, this requirement shall be included in the lease. Written verification of the removal of a facility from private property shall be provided to the director within thirty days of the discontinuation of the use.

1.

The operator shall be responsible for removing the wireless communication facility from the site within thirty days of discontinuation of use. If an operator fails to remove a wireless communication facility from the site within thirty days of discontinuation, the property owner shall be responsible for removal.

2.

If a facility is not removed within the required thirty days, the site may be deemed a public nuisance and a code violation.

Failure to inform the director of cessation of use of any existing facility shall constitute a violation of this code and be grounds for: prosecution or revocation or modification of a permit.

C.

Existing Facilities. All equipment and improvements associated with a wireless communication facility permitted as of the date of the adoption of the ordinance codified in this chapter may continue as they presently exist, but constitute legal nonconforming uses to the extent they do not conform to the standards of this chapter. Routine maintenance on existing, operational equipment and facilities shall not require compliance with this chapter. However, replacement or modification of a facility shall require issuance of a permit pursuant to, and in compliance with, this chapter.

D.

Removal of Unsafe Facilities. If, at any time after ten years of the issuance of a building permit or encroachment permit, or any shorter period permitted by Government Code Section 65964(b), any wireless telecommunication facility becomes incompatible with public health, safety or welfare, the applicant or operator of the facility shall, upon notice from the city and at the applicant's or operator's own expense, remove that facility. Written notice of a determination pursuant to this paragraph shall be sent to the owner

and operator of the wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten days of the date of the notice. No further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety days to remove the facility.

(Ord. No. 1373U, 12-8-15; Ord. No. 1410-U, § 5, 3-26-19; Ord. No. 1411, § 4, 4-9-19)

Editor's note— Ord. No. 1410-U, § 5, adopted March 26, 2019, renumbered former § 17.93.100 as § 17.93.110.

Chapter 17.94 - GROUP LIVING FACILITIES SUBJECT TO A CONDITIONAL USE PERMIT

Sections:

The purpose of this chapter is to further the purposes of the Fair Employment and Housing Act, the Federal Fair Housing Act and the Americans with Disability Act by, among other things, (1) ensuring that group living facilities, which are a form of boarding house which is otherwise a prohibited use in any zoning district, are permitted with a conditional use permit to be located in specified residential-like settings as a reasonable accommodation for the physically and mentally disabled who would otherwise not be able to reside in a boarding house within the city, and (2) to provide comfortable living environments that will enhance the opportunity for the physically and mentally disabled and for recovering addicts to be successful in their programs, and (3) in the case of unlicensed group living facilities, provide some protection to a vulnerable population in the absence of licensing or other regulatory oversight regarding the

operators of such unlicensed group homes, and (4) to provide a framework for the inclusion of housing and care facilities for people with disabilities in the city.

(Ord. No. 1385, § 3, 2-14-17)

A.

Any person who owns, manages or operates an unlicensed group living facility and seeks to operate such facility must first obtain a conditional use permit pursuant to the requirements of the chapter.

B.

Any person who owns, manages, or operates a licensed group living facility with greater than six persons and seeks to operate such facility must first obtain a conditional use permit pursuant to the requirements of this chapter.

C.

In addition to the conditional use permit required under paragraphs A and B above, no person shall operate a group living facility without a business license.

(Ord. No. 1385, § 3, 2-14-17)

The application requirements for a special use permit for an unlicensed group living facility or a licensed group living facility for seven beds or more shall be submitted to the director by the operator of the group living facility.

A.

The application shall provide the following:

1.

The name, address, phone number and driver's license number of the operator;

2.

The name, address, phone number and driver's license number of the house manager;

3.

A copy of the group living facility's home rules and regulations;

4.

Written intake procedures;

The relapse policy (for residential alcohol and alcohol rehabilitation facilities);

6.

An affirmation by the operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group living facility;

7.

Blank copies of all forms that all residents and potential residents are required to complete; and

8.

If the operator of the group living facility is not the property owner, written approval from the property owner to operate a group living facility at the property;

9.

Emergency operations plan for the proposed group living facility;

10.

A fee for the cost of processing the application as set by city council resolution.

B.

As part of the application process, a background check will be required for both the operator and the house manager. No business license or conditional use permit shall be issued to any operator who or whose staff (house manager) has:

1.

An employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test and selling or furnishing of illegal drugs or alcohol; or

2.

Been convicted of or pleaded nolo contendere within the last seven to ten years to any of the following offenses:

a.

Any sex offense for which the person is required to register as a sex offender under the California Penal Code Section 290;

b.

Arson offenses—violations of Penal Code Sections 451—455; or

c.

Violent felonies, as defined in Penal Code Section 667.5 which involve doing bodily harm to another person.

C.

The fire chief and building official shall ascertain whether the premises to be used comply with applicable laws, ordinances and regulations concerning such premises. Both an initial building and safety inspection and a fire inspection for group occupancies is required as a condition of approval for any conditional use permit, with annual inspections thereafter.

D.

The city shall notify the applicant in writing within thirty days after the filing of the completed application for a conditional use permit that the application has scheduled before the planning commission. In event of denial, the applicant may appeal to the city council but must do so within ten days of the date of the planning commission decision. The city shall hear the appeal within thirty days of the date of receipt of the notice of appeal.

(Ord. No. 1385, § 3, 2-14-17)

A.

The group living facility shall have a house manager who resides at the group living facility or any multiple of persons acting as house manager who are present at the group living facility on a twenty-four-hour basis and who are responsible for day-to-day operations.

B.

The group living facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

C.

All garages and driveway spaces associated with the group living facility shall, at all times, be available for the parking of vehicles. In order to mitigate negative aesthetic and other impacts and to prevent nuisances, the reviewing body may limit the amount of on-site parking, require additional landscaping or other screening of parking areas, limit and/or prohibit the issuance of street overnight parking permits, or impose other reasonable conditions. In no event shall more than one vehicle per resident or house manager be stored or parked on the site or on any street within five hundred feet of the group living facility. Any such vehicle must be operable and currently used as a primary form of transportation for a resident of the group living facility.

D.

If the group living facility is a drug and alcohol recovery and rehabilitation facility (sober living home), due to the extremely transient populations and above-normal numbers of adults residing in an unlicensed group living facility, who may or may not be supervised and where the neighbors may have no knowledge of who does and does not reside in the group living facility, the following additional operational standards apply:

1.

The facility shall have a written visitation policy that shall preclude visitors who are under the influence of any drug or alcohol;

2.

The facility shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; education counseling; individual or group counseling sessions; and treatment or recovery planning;

3.

The facility shall have a good neighbor policy that shall direct occupants to be considerate of neighbors. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

(Ord. No. 1385, § 3, 2-14-17)

The following findings must be made for the proposed project by the reviewing body, in addition to the standard findings for a conditional use permit, in order to approve a conditional use permit under this chapter:

A.

It shall not result in adverse effects to, or jeopardize or endanger, the health, welfare, peace, or safety of persons in the surrounding area;

B.

It shall not adversely affect the livability of the surrounding neighborhood as a result of inadequate maintenance, prohibited activities, and/or operating characteristics;

C.

It shall not result in nuisance activities, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, public urination, theft, assault, battery, vandalism, littering, loitering, excessive or illegal parking, noise levels above those allowed pursuant to the city's noise ordinance, lewd conduct, or police detentions and/or arrests;

D.

It shall not result in violation of any applicable provision of any other city, state, or federal regulation, ordinance or statute;

E.

It shall not result in an overconcentration of similar uses or other uses with potentially similar impacts. In making such finding, the reviewing body may consider whether any group home or group living facility (whether or not such facility is licensed by the state of California) is located within three hundred feet, measured from the property lines.

(Ord. No. 1385, § 3, 2-14-17)