Article 3 — Site Planning and General Development Standards

Division 36.300 General Property Development and Use Standards

36.300.010 Purpose of Division 36.300.020 Applicability 36.300.030 Setback Measurement and Exceptions 36.300.040 Height Limits and Exceptions 36.300.050 Walls, Fences and Hedges 36.300.060 Solid Waste/Recyclable Materials Storage 36.300.070 Screening 36.300.080 Mechanical Equipment 36.300.090 Outdoor Lighting 36.300.100 Historic Structures 36.300.110 Performance Standards 36.300.120 Private Drives 36.300.130 Private Streets Division 36.310 Parking and Loading 36.310.010 Purpose of Division 36.310.020 Applicability 36.310.030 General Parking Regulations 36.310.040 Number of Parking Spaces Required - 36.310.050 Off Site Parking 36.310.060 Shared Parking 36.310.070 Disabled/Handicapped Parking Requirements 36.310.080 Parking Design Standards 36.310.090 Driveways and Site Access 36.310.100 Bicycle Parking 36.310.110 Loading Space Requirements 36.310.111 Valet Parking Division 36.320 Signs 36.320.010 Purpose of Division 36.320.020 Applicability 36.320.030 Sign Permit Requirements 36.320.040 Prohibited Signs 36.320.050 Permitted Signs 36.320.060 General Requirements for All Signs

36.320.070 Zoning District Sign Standards

36.320.080 Standards for Specific Types of Signs 36.320.090 Nonconforming or Abandoned Signs 36.320.100 Violations and Abatement 36.320.110 Definitions Division 36.330 Landscaping Standards

36.330.010 Purpose of Division 36.330.020 Applicability 36.330.030 Landscape Plan Approval Required 36.330.040 Landscape Location Requirements 36.330.050 Maintenance of Landscape Areas 36.330.060 Landscaping Education Division 36.340 Hillside Protection 36.340.010 Purpose of Division 36.340.020 Applicability 36.340.030 Permit and Application Requirements 36.340.040 Hillside Development Design Guidelines 36.340.050 Hillside Project Development Standards Division 36.350 Standards for Specific Land Uses

36.350.010 Purpose of Division 36.350.020 Applicability 36.350.030 Adult Businesses 36.350.040 Alcoholic Beverage Establishments 36.350.050 Assisted Living Facilities 36.350.060 Automated Teller Machine (ATMs) 36.350.070 Bed and Breakfast Inns (B&Bs) 36.350.080 Child Day Care Facilities 36.350.090 Gas Stations 36.350.110 Live/Work Units 36.350.120 Repealed by Ordinance No. 2394 36.350.130 Outdoor Dining 36.350.140 Outdoor Display and Retail Activities 36.350.160 Recycling Facilities — 36.350.170 Residential Uses Accessory Residential Structures and Private Residential Recreational Facilities — 36.350.180 Residential Uses Courtyard Housing 36.350.190 Residential Uses—Multi-family Project Standards

rk Units 36.350.120 Repealed by Ordinance No. 2394 36.350.130 Outdoor Dining 36.350.140 Outdoor Display and Retail Activities 36.350.160 Recycling Facilities — 36.350.170 Residential Uses Accessory Residential Structures and Private Residential Recreational Facilities — 36.350.180 Residential Uses Courtyard Housing 36.350.190 Residential Uses—Multi-family Project Standards

— 36.350.200 Residential Uses Accessory Dwelling Units (ADUs) — 36.350.205 Residential Uses Private Sports Courts 36.350.210 Telecommunications Facilities - 36.350.220 Warehouse Retail and Large Scale Commercial Projects 36.350.230 Community Gardens 36.350.240 Marijuana Businesses and Cultivation 36.350.250 Emergency Shelters 36.350.260 Single Room Occupancy (SRO) — 36.350.265 Residential Uses Employee Housing Division 36.360 Nonconforming Uses, Structures, and Parcels 36.360.010 Purpose of Division 36.360.020 Nonconforming Uses, Structures, and Parcels 36.360.030 Application of Regulations 36.360.040 Continuation of Nonconforming Uses and Structures 36.360.050 Limitation on Other Uses 36.360.060 Exemptions and Exceptions 36.360.070 Abatement and Termination of Use 36.360.080 Repair and Maintenance 36.360.090 Alterations or Additions to Nonconforming Structures 36.360.100 Conditional Use Permit Requirements 36.360.110 Unlawful Uses and Structures 36.360.120 Altos de Monterey Nonconforming Use Provisions Division 36.370 Affordable Housing Incentives 36.370.010 Purpose of Division 36.370.020 Eligibility for Affordable Housing Incentives 36.370.030 Density Bonus Allowance 36.370.040 Incentives and/or Concessions 36.370.050 Waivers 36.370.060 Alternative Parking Standards 36.370.070 Density Bonus for Land Donations 36.370.080 Density Bonus and Incentives for Childcare Facilities 36.370.090 Location of Designated Dwelling Units 36.370.100 Processing of Density Bonus Review and Affordable Housing Review 36.370.110 Affordable Housing Covenant Division 36.375 Inclusionary Housing Requirements 36.375.010 Purpose 36.375.020 Applicability

36.375.060 Alternatives to On-Site Provision.

36.375.070 Standards Governing Inclusionary Units.

36.375.080 Repealed by Ordinance No. 2403.

36.375.090 Application.

36.375.100 Conditions of Approval.

• 36.375.110 In Lieu Fee Payment and Administration.

The intent of this division is to address the serious need for affordable housing in the City and the region, to communicate the importance of appropriate, quality design, and to ensure that new housing provides opportunities for all economic strata in the community. The requirements herein acknowledge the demand for affordable housing created by market rate development; the depletion of potential affordable housing sites by market rate development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City’s residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

This division applies to all residential development of 10 or more dwelling units, including residential portions of mixed-use development, and requires affordable housing units in the amount as required in SPMC 36.375.050 (Inclusionary Unit Requirement).

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021; Ord. No. 2382 § 3, 2023.)

This division shall not apply to the following:

A. A residential or mixed-use application for the project entitlements that has been deemed complete as of the effective date of the ordinance codified in this division.

B. The portion of a project located within a designated landmark building or contributing structure to a designated historic district that is retained and preserved on site as part of a multifamily project in compliance with the Secretary of the Interior’s standards.

C. A 100 percent affordable housing project proposing to develop units that will be deed-restricted for a period of at least 55 years.

D. Units approved as accessory dwelling units or junior accessory dwelling units.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

A. “Affordable unit” means a dwelling unit which is affordable to an extremely low income household, very low income household, lower income household or moderate income household, as defined below.

B. “Extremely low income household” means households whose income does not exceed 30 percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50106.

C. “Inclusionary unit” means a dwelling unit within a housing development which will be reserved for sale or rent to extremely low, very low, lower or moderate income households by a deed restriction recorded against the property.

D. “Lower income household” means households whose income does not exceed 80 percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

E. “Moderate income household” means households whose income does not exceed 120 percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

F. Mixed-use zoning district. For purposes of this division, this shall refer to any zoning district in which both commercial and residential uses are allowed.

G. “Very low income household” means households whose income does not exceed 50 percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

A. Amount required. A minimum of 15 percent of the total number of dwelling units in a residential or mixed-use project, excluding any bonus units added pursuant to State law or SPMC 36.370, shall be developed, offered to, and sold or rented to households of very low, lower, and moderate income, at an affordable housing cost, as follows:

B. Inclusionary rental units. Rental projects subject to the inclusionary housing requirement shall provide 50 percent of required affordable units as extremely low or very low units and 50 percent as lower income units. In case of an uneven number, one more unit shall be provided as very low.

C. Inclusionary ownership (for sale) units. Developers of ownership (for sale) projects subject to the inclusionary housing requirement may choose whether to provide the required inclusionary units as moderate income, low income, very low income, or a combination thereof.

D. Fractional units. In the case that unit calculations result in a fractional number, the applicant shall choose one of the following options:

1. Round up to next unit and provide the unit on site.

2. Pay the fractional amount above the whole number as an in-lieu fee equivalent to the fraction multiplied by the in-lieu fee as established by City Council resolution. All whole number units shall be provided on site or alternatively as allowed in SPMC 36.375.060 (Alternatives to On-Site Provision).

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021; Ord. No. 2382 § 4, 2023.)

As an alternative to developing required inclusionary units within an affected residential project, the requirements of this division may be satisfied by the following:

A. For any ownership project: payment of an in-lieu fee as established by City Council resolution and updated from time to time as deemed appropriate, subject to the provisions of SPMC 36.375.110 (In-Lieu Fee Payment and Administration).

B. For any rental project, the applicant may choose one of the following, subject to Planning Commission approval:

1. Provision of an equivalent number of off-site units consistent with SPMC 36.375.050 (Inclusionary Unit Requirement) above, subject to the provisions of SPMC 36.375.100(A) (Deed restriction). The following shall apply to this alternative:

a. The off-site units shall be located on a property within 1,500 feet of the proposed project, or in a comparable neighborhood as determined by the Planning Commission.

b. The affordable units shall be of comparable size and quality to the market rate units in the proposed project and subject to the relevant standards in SPMC 36.375.070 (Standards Governing Inclusionary Units).

2. Rehabilitation/conversion of an equivalent number of existing units to affordable units consistent with SPMC 36.375.050 (Inclusionary Unit Requirement) above, subject to the provisions of SPMC 36.375.100(A) (Deed restriction). The following shall apply to this alternative:

a. The acquisition and rehabilitation shall be applied to market rate units within the City and the conversion of those units to affordable units;

b. Eligible improvements. The rehabilitation of the market rate units shall improve the units’ structural integrity and livability to include improvements to the roofing, flooring, plumbing, heating, and air conditioning as applicable.

3. Dedication of land that is zoned and developable for housing, subject to City Council acceptance, greater or equal to the average cost of construction of the units within the project, with the valuation subject to Planning Commission approval.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Inclusionary units shall be dispersed throughout the project.

B. Inclusionary units shall be comparable and equivalent in size to the market rate units in the project.

C. The number of bedrooms in inclusionary units shall be provided in approximately the same proportion as the market rate units in the project.

D. Inclusionary units shall be of quality and materials comparable to the market rate units, unless it can be demonstrated to the satisfaction of the City that this is infeasible. Notwithstanding, exceptions may be made for affordable units for sale at the discretion of the Planning Commission.

E. Inclusionary units shall comply with all applicable development standards, except as modified by this division.

F. Inclusionary unit residents shall have equal access to use of all on-site amenities.

G. Inclusionary units shall be maintained to the same standard as market rate units.

H. Developer shall actively market the affordable units to eligible households concurrently with the market rate units. The developer shall submit a marketing plan for the Director’s approval that gives preference to residents and employees of South Pasadena in the tenant selection process.

I. Inclusionary units in a residential project shall be constructed concurrently with, or before, the construction of the market rate units. If the City approves a phased project, the required inclusionary units shall be provided proportionately within each phase of the residential project.

J. On-site inclusionary units must be rental units in rental projects. In ownership projects, inclusionary units may be offered as either rental units or ownership units.

K. The property owner shall record a deed restriction against the property reserving the extremely low, very low, lower, and moderate income units at the applicable affordable housing cost for a minimum of 55 years from the date of issuance of a certificate of occupancy.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

A. Submittal. An application for a residential or mixed-use development subject to this division shall not be deemed complete until the applicant has provided information as requested in the application that demonstrates to the satisfaction of the Director the manner in which the project shall comply with the provisions of this division.

B. Application information. The application shall include:

1. The number of market rate and affordable units.

2. The number of extremely low, very low, lower, and moderate income units.

3. The percentage of extremely low, very low, lower, and moderate income units in relation to the total number of affordable units.

4. A calculation showing applicant’s assumption of base density and any bonus requested.

5. Whether the applicant intends to satisfy the requirements of this division through the alternative means provided in SPMC 36.375.060.

6. Whether the applicant intends to take advantage of the design incentives under SPMC 36.375.080.

7. Acknowledgement of the standard conditions of approval.

8. Any other information deemed necessary by the Director.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

The following shall be required as standard conditions of approval for all projects subject to the requirements of this division:

A. Deed restriction. Prior to issuance of a building permit for a project meeting the requirements of this section, the project applicant shall:

1. Submit a deed restriction or other legal instruments setting forth the obligation of the applicant under this division for City review and approval.

2. The deed restriction shall include:

a. A description of the household income group to be accommodated by the housing development and the standards for determining the corresponding affordable rent or affordable housing cost;

b. The location, unit sizes (square feet), and number of bedrooms of affordable units;

c. Tenure of use restrictions of at least 55 years for affordable units and, as applicable, inclusionary units;

d. A prohibition on any short-term rentals whereby a residence or a portion of a residence is rented to a tenant for a period of less than 30 days;

e. A clause allowing for the recovery of any legal costs incurred in any action taken to enforce compliance with the inclusionary housing agreement;

• f. Other provisions to ensure implementation and compliance with this chapter.

3. Record the deed restriction in the County Recorder’s Office, following approval as to form by the City Attorney that confirms that the terms and conditions of the inclusionary agreement are in compliance with applicable State law; such deed restriction shall run with the land which is to be developed, and shall be binding upon the successor(s)-in-interest of the inclusionary permit applicant.

B. For-sale housing units. In the case of for-sale housing developments in which the applicant opts to provide the affordable unit(s) as for-sale unit(s), in addition to the requirements of subsection (A) of this section, the deed restriction shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

1. Affordable units shall, upon initial sale, be sold to eligible moderate income households at an affordable housing cost;

2. Purchasers of affordable units shall be required to occupy the unit except with approval from the City. Evidence must be presented to the City that the owner is unable to occupy the unit due to illness or incapacity. In such cases, the unit shall be rented to a person within the same household income category;

3. A resale restriction shall be recorded against all affordable units restricting the price at which the unit may be resold during the applicable use restriction period. The agreement shall specify that subsequent owners must meet the same qualifications as the original owner and must be pre-approved for purchase by the City. The agreement shall also grant the City the right of first refusal to purchase an affordable unit each time it is sold;

all affordable units restricting the price at which the unit may be resold during the applicable use restriction period. The agreement shall specify that subsequent owners must meet the same qualifications as the original owner and must be pre-approved for purchase by the City. The agreement shall also grant the City the right of first refusal to purchase an affordable unit each time it is sold;

4. The City will enforce an equity sharing agreement which will require that, upon resale, the seller of the unit will retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, if any. For purposes of this section, the City’s initial subsidy will be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the income restricted household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the seller’s initial market value, then the value at the time of the resale will be used as the initial market value. The City’s proportionate share of appreciation will be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of the initial sale;

5. Provisions requiring that homeowner association (HOA) fees be waived or reduced for owners of affordable units such that the owner does not pay more than 30 percent of their income on housing, including mortgage payments and HOA dues.

C. Rental housing units. In the case of rental housing developments, or for-sale housing developments in which the applicant opts to provide the affordable unit(s) as rental unit(s), in addition to the requirements of subsection (A) of this section, the following conditions of approval shall be required to govern the use of the affordable units during the applicable use restriction period:

1. Affordable units only to be let to qualified residents at the rent level applicable to Los Angeles County as published and periodically updated by the State Department of Housing and Community Development;

2. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants;

3. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter and to make such books and records available to the City upon the City’s request; and

4. Provisions requiring owners to pay an annual monitoring fee and submit an annual report to the City by December 31st, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent of each affordable unit.

D. Schedule. Prior to issuance of a building permit for a project meeting the requirements of this division through off-site construction or rehabilitation of existing units, the project applicant shall submit a schedule for review and approval by the Director,

detailing the timeline for completion and occupancy of affordable units. The schedule shall specify that the units must be completed prior to issuance of a certificate of occupancy for the market rate project.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

Payment of an in-lieu fee as an alternative to on-site provision of units pursuant to SPMC 36.375.060(A) (Alternatives to On-Site Provision) or for a fractional unit pursuant to SPMC 36.375.050(D) (Fractional units) shall comply with this section.

A. The City Council shall establish the amount of the in-lieu fee by resolution, which shall be reviewed and adjusted annually prior to the succeeding fiscal year.

B. The in-lieu fee shall be established in an amount that is equivalent to the cost of providing a comparable unit for each unit that would have been provided in the project based on the requirements of this section.

C. Until such time as the City Council establishes a fee pursuant to subsection (A) of this section, the amount of the in-lieu fee shall be considered on a case-by-case basis as approved by the Planning Commission, consistent with subsection (B) of this section. Applicant shall submit a cost estimate and shall pay an administrative fee for the City’s review and confirmation of the comparable unit cost.

D. The amount to be paid by the applicant shall be calculated based on the affordable housing in-lieu fee that is in effect at the time that the fee is paid to the City.

E. The affordable housing in-lieu fee shall be paid in full to the City prior to the issuance of any building permit or tree removal permit for the project, and receipt shall be confirmed by the Building Official.

F. Fees collected in compliance with this section shall be deposited in a reserve account separate from the General Fund to be used only for development or maintenance of affordable housing, including administrative costs related to monitoring affordable housing units for compliance with their deed-restricted use.

1. Alternatively, by resolution of the City Council, fee payments may be deposited into a regional Affordable Housing Trust Fund (AHTF) administered cooperatively by San Gabriel Valley jurisdictions, in order to leverage State, Federal and other sources of funding to increase construction of affordable housing units in the region. Projects in the City would be eligible to apply for regional AHTF funding per the rules and process established for its administration.

G. Payment of an affordable housing in-lieu fee pursuant to this section shall not be considered provision of affordable housing units for purposes of determining whether the multifamily project qualifies for a density bonus pursuant to Government Code Section 65915.

H. Appeals. An applicant may appeal the in-lieu fee under the protest provisions of the Mitigation Fee Act pursuant to Government Code Section 66020. The appeal will be processed pursuant to SPMC 36.610.

(Ord. No. 2353 § 1, 2021; Ord. No. 2355 § 1, 2021.)

Division 36.380. Environmental Resource Protection

Sections:

36.380.010 Purpose of Division.

36.380.020 Applicability.

36.380.030 Environmental Resource Analysis Required.

36.380.040 Development Standards.