§ 36.350

This Division provides site planning and development standards for land uses that are permitted by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in individual or multiple zoning districts, and for activities that require special standards to mitigate potential impacts.

(Ord. No. 2108 § 1.)

Land uses and activities covered by this Division shall comply with the provisions applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

A. Where allowed. The uses that are subject to the standards in this Division shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

B. Land use permit requirements. The uses that are subject to the standards in this Division shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Division for a specific use.

(Ord. No. 2108 § 1.)

A. Purpose. It is the purpose of this Section to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain zoning districts.

B. Applicability. Adult businesses are allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), subject to the limitations on location in Subsection C. Definitions of the specialized terms and phrases used in this Section are in Subsection G.

C. Location requirements. An adult business shall not be located within:

1. 600 feet of any place of worship, or any school or other facility accommodating minors; or

2. 200 feet of any residential zoning district.

D. Measurement of distance between uses. The required separation distance between an adult business establishment and any of the uses listed in Subsection C. shall be measured in a straight line, from the closest points on the property lines of each site.

E. Visibility from street. Adult businesses shall not display any signs, advertising, posters, photographs, graphic representations, or stock in trade that can be viewed by persons off the site, which depict any of the following:

1. “Specified sexual activities”;

2. “Specified anatomical areas”;

3. Instruments, artificial devices, or paraphernalia that depict or represent “specified anatomical areas.”

• F. Adult Business Zoning Permit.

1. Permit required. It shall be unlawful for any person to establish, operate, or cause or permit to be operated, any adult business establishment without first obtaining an Adult Business Zoning Permit from the Director. A permittee shall apply for a new Adult Business Zoning Permit prior to:

a. Any change in the location of the adult business establishment;

b. The conversion of any existing adult business establishment to any other type of adult business establishment;

• c. Any change in the business name; and

d. The enlargement of any existing adult business establishment.

2. Action on permit.

a. The Commission shall approve the permit unless it is determined that:

(1) The information contained in the application or supplemental information requested from the applicant is false.

(2) The operation of the adult business is or would be in violation of one or more provisions of this Section.

(3) The premises where the adult business is or will be located does not comply with all applicable laws, including, but not limited to, the City’s building, health, zoning, and fire ordinances.

(4) A permit to operate the adult business establishment has been issued to the applicant, a partner of the applicant or a stockholder or the applicant which stockholder owns more than 10 percent of the applicant’s corporate stock, which permit has been suspended and the period of suspension has not yet ended.

b. Notice of permit denial shall be in writing and shall state the grounds for denial. Notice shall be personally served to the permit applicant or mailed to the address listed on the application form.

c. An Adult Business Zoning Permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial as provided in Subsection 2.a, above.

d. Notice of permit suspension or revocation shall be in writing and shall state the grounds therefor. Notice shall be personally served or mailed to the person authorized to accept service of legal notices as specified in the application. Any suspension or revocation shall take effect no sooner than 10 days after service in person or by mail of the person authorized to accept service. If appealed, the suspension or revocation order shall not become effective until after the appeal is reviewed by the Council. The permittee shall be provided notice of the date the Council shall hear the appeal. The Council has authority to approve or disapprove the suspension, or revocation, or to alter the length of the suspension.

3. Permit conditions. The Commission may condition the issuance of an Adult Business Zoning Permit by imposing reasonable conditions to ensure compliance with the provisions of this Section, and other standards and regulations of the Zoning Ordinance.

4. Permit valid for specified location/establish¨ment/permittee. Each issued Adult Business Zoning Permit shall be valid only:

• a. For the permittee specified in the permit application;

b. For the business name for the adult business establishment listed in the permit application;

c. For the specific type of adult business establishment described in the permit application; and

d. For the specific location described in the permit location.

5. Sale or transfer of business.

a. No permit issued in compliance with this Section shall be assigned or transferred without the prior written approval of the Director. The applicant shall apply for a transfer on the form provided by the Director and shall pay the application processing fee established by Council resolution for a new adult business establishment.

b. An application for approval of a transfer of a permit shall be required prior to any change in an interest in a partnership or ownership of 10 percent or more of the stock of a corporation to any person not listed on the original approved application.

c. An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application.

6. Display of permit. Each person to whom or for whom a permit has been granted shall display the permit in a conspicuous place within the adult business establishment so the same may be readily seen by persons entering the premises.

G. Definitions. As used in this Section, the following terms and phrases shall have the meaning ascribed to them in this Subsection, unless the context in which they are used clearly requires otherwise.

1. Adult Business. Shall mean any one or more of the following.

a. Adult Arcade. An establishment where, for a fee or any other form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b. Adult Bookstore. An establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio

representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.

c. Adult Cabaret. A nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear semi-nude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d. Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for a fee or any other form of consideration which, (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

e. Adult Motion Picture Theater. A business establishment where, for a fee or any other form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f. Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for a fee or any other form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

g. Massage parlor. An establishment where, for a fee or any other form of consideration, massage, alcohol rub, electric or magnetic treatments, or any other treatment or manipulation of a patron’s body occurs for the purposes of sexual stimulation. Does not include therapeutic massage or sports massage services provided by licensed professionals, which is included under the definition of “Personal ” Services.

h. Modeling Studio. A business which provides, for a fee or any other form of consideration, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying the consideration. “Modeling studio” does not include schools maintained in compliance with standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities.”

2. Adult-Oriented Business Operator (“Operator”). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof.

3. Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

4. Establishment of an Adult-Oriented Business. Shall mean and include any of the following:

a. The opening or commencement of any Adult-Oriented Business as a new business;

b. The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business;

c. The addition of any of the Adult-Oriented Businesses to any other existing Adult-Oriented Business; or

d. The relocation of any Adult-Oriented Business.

5. Figure Model. Any person who poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted, in return for monetary compensation.

6. Nudity or a State of Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

7. Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult-Oriented Business or activities within an Adult-Oriented Business.

8. Permittee. “Permittee” means the person to whom an Adult-Oriented Business Permit is issued.

9. Reserved.

10. Regularly Features. With respect to an adult theater or adult cabaret, “regularly features” means a regular and substantial course of conduct. The fact that live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

11. Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

12. Specified Anatomical Areas. Shall mean and include any of the following:

a. Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola;

• b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

c. Any device, costume or covering that simulates any of the body parts included in G.12.a, or G.12.b above.

13. Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

• b. Sex acts, actual or simulated, including intercourse, oral copulations or sodomy;

• c. Masturbation, actual or simulated; or

• d. Excretory functions as part of or in connection with any of the other activities described in G.13.a through G.13.c above.

(Ord. No. 2108 § 1.)

A. Purpose. The provisions of this Section are intended to mitigate potential adverse land use impacts (e.g., littering, loitering, and others) on the peace, health, safety and welfare of residents in nearby areas, that may arise from the undue proliferation and/or inappropriate location of establishments selling alcoholic beverages.

B. Permit requirement. Conditional Use Permit approval (Section 36.410.060) is required for all alcoholic beverage establishments.

C. Display of permit required. The Conditional Use Permit issued for the alcoholic beverage establishment and a copy of the conditions of approval for the permit shall be displayed on the premises of the establishment in a place where it may readily be viewed by any member of the general public.

D. Considerations for approval of a Conditional Use Permit. In making the findings required for the approval of a Conditional Use Permit, the following issues shall also be considered.

1. Whether the proposed use will result in an undue con¨centration of establishments dispensing alcoholic beverages.

2. The distance of the proposed use from the following:

• a. Residential uses;

b. Religious facilities, schools, libraries, public parks and play¨grounds, and other similar uses; and

c. Other establishments dispensing alcoholic beverages.

3. Whether the noise levels generated by the operation of the establishment would exceed the level of background noise normally found in the area or would otherwise be intrusive.

4. Whether the signs and other advertising on the exterior of the premises would be compatible with the character of the area.

E. Gas stations selling alcoholic beverages. Gas stations that sell alcoholic beverages shall be subject to Conditional Use Permit approval and the other requirements of this Section. In addition, no advertisement of alcoholic beverages shall be dis¨played at or located on motor fuel islands.

F. Nonconforming uses and structures. Alcoholic beverage retail establishments that were legally operating prior to the adoption of this Section may continue to operate as nonconforming uses in compliance with the provisions of Division 36.360 (Nonconforming Uses, Structures, and Parcels). In addition to those provisions, nonconforming establishments shall be required to apply for a

Conditional Use Permit in compliance with Section 36.410.060 (Conditional Use Permits), if any of the following occur after the effective date of the ordinance codified in this Section:

1. The existing establishment requests permission from the ABC to allow the serving of distilled spirits in addition to its original license to sell or serve beer and wine only;

2. The establishment’s liquor license is revoked;

3. The establishment’s liquor license is suspended for more than 45 days by the ABC; or

4. There is a 20 percent or larger expansion of the area within the estab¨lishment that is designated for the sale or consumption of alco¨holic beverages.

• (Ord. No. 2108 § 1.)

A. Applicability. The following criteria applies to all assisted living facilities, including congregate care, board and care, skilled nursing, and senior and independent living facilities. Congregate care housing facilities are multi-family residential projects reserved for senior citizens, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation.

B. General standards. All assisted living facilities are subject to the following standards.

1. The use does not create impacts on surrounding properties neighborhoods that are no more significant than would be caused by standard multi-family rental projects.

2. Common indoor business, recreational, and social activity areas of a number, size, and scale consistent with the number of living units shall be provided, with no less than five percent of the total indoor floor area devoted to educational, recreational, and social facilities (e.g., library, multi-purpose common room, recreation room, TV room).

3. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units.

4. Residents shall be limited to those in need of an assisted living environment, together with a spouse or partner in each unit.

5. If a congregate care/assisted living facility approved in compliance with this Section is changed to another use (for example, the project converts to a conventional unrestricted multi-family project), the project shall be modified to meet all applicable standards of this Zoning Code.

6. Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars), as well as emergency signal/intercom systems, subject to the approval of the Director.

7. Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights of way, and of an intensity compatible with the surrounding neighborhood, in compliance with 36.300.090 (Outdoor Lighting).

8. The entire project shall be designed to provide maximum security for residents, guests, and employees.

9. The project may provide one or more of the following specific common facilities for the exclusive use of the residents:

• a. Beauty and barber shop;

• b. Central cooking and dining rooms (may also be used by guests);

• c. Exercise rooms; and

d. Small scale drug store and/or medical facility as an ancillary use only.

10. Transit facilities.

a. A bus turnout and shelter along the street frontage shall be provided if the facility is on an established bus route, and is coordinated with the transit authority.

b. Facilities with 50 or more dwelling units shall provide private dial a ride transportation shuttles, with the exact number and schedule to be determined by the review authority.

C. Senior apartments and independent living centers.

1. Design and development standards. Senior apartments and independent living centers shall comply with the provisions of Section 36.350.190 (Multi-Family Project Standards), except as otherwise provided by this Section.

2. Ancillary non-residential facilities. Senior apartments and independent living centers may be allowed additional non-residential facilities, including intermediate care facilities, and personal services (for example, beauty salon, physical therapy) through Conditional Use Permit approval, without a requirement for additional parking, provided that the facilities shall only be for the private use of project residents.

(Ord. No. 2108 § 1.)

A. Location requirements. ATMs proposed on the exterior of structures shall be:

1. Set back from an adjacent street curb by a minimum of eight feet;

2. Located a minimum of 30 feet from any property line corner at a street intersection;

3. Located to not eliminate or substantially reduce any landscaped areas; and

4. Located to not allow drive-through access from a vehicle.

B. Architectural design. All construction and modifications to the exterior of the structure pertaining to the installation of an ATM shall be completed in a manner consistent with the architectural design of the structure and in conformance with applicable design standards and guidelines.

C. Trash disposal. Each exterior ATM shall be provided with a receptacle sufficient in size to accommodate daily trash and any smoking materials discarded by users of the ATM.

D. Lighting. Each exterior ATM shall be provided with security lighting in compliance with Subsection 36.300.090 (Outdoor Lighting) or State law, whichever is most restrictive.

(Ord. No. 2108 § 1.)

A. Historic structure required. The site for a B&B within a residential zoning district shall be a designated landmark as authorized by the Cultural Heritage Commission and approved by the City Council.

B. Exterior appearance. The exterior appearance of a structure housing a B&B in a residential zoning district shall not be altered from its original residential character except for allowed signs and any structural modifications necessary to comply with Title 24 of the California Code of Regulations.

C. Limitations on guest rooms. A B&B within a residential zoning district shall be limited to five guest rooms. The Planning Commission may allow up to a maximum of nine guest rooms after first making the findings required for the approval of a Conditional Use Permit in compliance with Section 36.410.060, as well as the following additional findings:

1. There is not an over-proliferation or concentration of bed and breakfast inns within the neighborhood that the use is proposed.

2. The proposed use will further General Plan policies related to historic preservation and economic development.

D. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. A B&B within a residential zoning district may be used for receptions, private parties, or similar activities only with Temporary Use Permit approval.

E. On-site management. A manager shall be present on the site at all times.

• F. Signs. See Section 36.320.070 (Table 3-9).

G. Trash enclosure and service drive. A B&B within a residential zone shall maintain a separate trash enclosure and service entry screened and separated from the portions of the grounds used by guests. If possible, a separate service entry drive or turnout area should be provided for deliveries and commercial use if more than five paying guests are accommodated. When located in a commercial zone, the commercial off-street loading requirements shall apply.

(Ord. No. 2108 § 1; Ord. No. 2140, §§ 1 and 3.)

This Section provides location and operational standards for child day care facilities, in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes effects on adjoining properties. These standards apply in addition to the other provisions of this Zoning Code and the requirements of the California Department of Social Services. Licensing by the Department of Social Services is required for all facilities.

A. Large family day care homes. Large family day care homes shall comply with the following standards.

1. The home shall be the principal residence of the child care provider, and the child care use shall be incidental to the residential use.

2. No exterior structural alterations shall occur that would change the character or appearance of the single family residence. Proposed exterior structural alterations may require building permits and DRB approval.

3. No more than one large family day care home shall be permitted within 500 feet of any other large family day care home, nor closer than one per block, whichever distance is greater. The 500-foot separation shall be measured as a straight line between the nearest points on the property lines of each affected parcel.

4. A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility. The site shall also include space for safely queuing three vehicles on-site.

5. The operation of the facility shall comply with the noise standards in the Noise Element of the General Plan.

6. A large family day care home located on a street identified by the Circulation Element of the General Plan as a major or minor arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial.

7. The facility shall be operated in a manner that will not adversely affect adjoining residences, or be detrimental to the character of the residential neighborhood.

• B. Reserved.

C. Standards for child day care centers. Child day care centers shall comply with the following standards. When located in a residential zoning district, a child day care center shall also comply with the standards of Subsection A.

1. The minimum parcel size for a child day care center shall be 7,500 square feet;

2. A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.

3. Potential noise sources shall be identified during the Conditional Use Permit process, and noise attenuation and sound dampening shall be addressed. Noise levels shall be in compliance with the most recent guidelines of the Health and Safety Element of the General Plan.

D. Alternative standards. Alternatives to the standards of this Section may be authorized through the Conditional Use Permit approval if the review authority determines that:

1. The intent of these standards is met; and

2. There will be no detriment to surrounding properties or residents.

(Ord. No. 2108 § 1.)

A proposed gas station shall comply with the requirements of this section. When specifically required by this Section, these standards shall also apply to any existing gas station that is reconstructed by more than 50 percent of its assessed valuation.

A. Application requirements. A Conditional Use Permit application for a gas station shall include all information and materials normally required for a Conditional Use Permit, and a photo-simulation showing the gas station in place on the project site, together with its relationship to existing surrounding land uses.

B. Site requirements. The site for a proposed gas station shall have a minimum area of 14,400 square feet, and a minimum width of 120 feet. These requirements are not retroactive and do not apply to the reconstruction of an existing facility.

C. Setback requirements. A proposed gas station, and a station that is reconstructed by more than 50 percent of its assessed valuation shall comply with the following minimum setback requirements, instead of the setbacks required by the applicable zoning district.

1. Proposed buildings shall be set back a minimum of 30 feet from any street property line, and 10 feet from any property line abutting a residential zoning district.

2. All gasoline pumps, pump islands, and similar facilities shall be set back 15 feet from all property lines; however, if a pump island is placed perpendicular to a street or property line, the setback shall be 20 feet, so that vehicles using the pumps will be far enough from street property lines to avoid hazards to pedestrians on the sidewalks adjacent to the site.

3. Additional setbacks may be required by the review authority to the extent deemed necessary to provide for the protection of property values, and public health, safety, or welfare.

D. Access and circulation. These requirements shall apply to all new gas stations, and a station that is reconstructed by more than 50 percent of its replacement cost, as determined by the Building Official.

1. A gas station site shall not have more than two vehicle access points (i.e., driveways) on any street.

2. The Commission may prescribe the exact location, dimension and use of driveways as necessary to reduce potential traffic hazards.

3. No flat portion of a driveway shall be allowed to encroach nearer than five feet to the beginning of the curve of a street corner, or be located closer than five feet to a property line abutting a residential zoning district.

4. No driveway shall exceed a width of 30 feet in the flat.

5. There shall be a minimum distance of 22 feet of full height curb between curb cuts along any street.

6. All construction, reconstruction and repairs to the curb, gutter, sidewalk and approaches and public right-of-way dedications and curb returns, shall be subject to City Engineer approval.

E. Wall and screening. Where a gas station adjoins property in a residential zone, a six foot high solid masonry wall (measured from the high side) shall be constructed on each common property line, except where a wall already exists on the adjoining parcel. When a required wall reaches an established front yard or side yard setback line of any residentially zoned lot abutting or directly across an alley from service station, the wall shall decrease to a height of three feet.

F. Landscaping requirements. A proposed gas station, and a station that is reconstructed by more than 50 percent of its assessed valuation shall comply with the following landscaping requirements, and the provisions of Division 36.330 (Landscaping Standards).

1. Planters at least three feet wide shall be located along the street side property line except for curb cut openings.

2. Planters at least three feet wide shall be provided along the walls or the interior property lines to a distance equal to the front building line. For this purpose, canopies and other such structural appurtenances shall not be considered the front building line.

3. The review authority may require additional planting along the remainder of the interior to minimize the adverse effect of any unaesthetic conditions along the property lines.

4. 150 square feet of planting area shall be provided at the intersection of two property lines at a street corner.

5. All planting areas shall be separated from adjacent pavement by curb walls at least six inches in height. All planting shall be varieties that will not achieve a height greater than three feet, shall not be thorny or spiked, and shall not extend over a sidewalk.

6. Street trees shall be planted as approved by the Director of Parks and Recreation.

G. Outdoor lighting. All outdoor lighting shall be arranged and shielded to prevent glare, reflection, and/or any nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or property.

H. Signs. Signs are allowed in compliance with Division 36.320 (Signs), with the following additional limitations; provided that any signs required by State law shall be allowed in addition to these requirements.

1. Banners. No banners, bunting strips, pennants, or similar displays shall be permitted.

2. Freestanding signs. No more than one freestanding monument sign shall be allowed on the site.

3. Wall Signs. No more than two wall signs shall be allowed for the main building.

I. Exterior building materials. A proposed gas station, and a station that is reconstructed by more than 50 percent of its assessed valuation shall use exterior finish materials that are determined by the DRB to be be compatible with the surrounding neighborhood.

J. Special use and facility requirements.

1. Utilities. All electrical, telephone, cable television, and similar service wires or cables that provide direct service to the site shall be installed underground within the exterior boundaries of the site. Risers on poles and buildings are permitted. Utility service poles may be placed at the rear of the site only to terminate underground facilities. Equipment associated with utilities including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground.

2. Products for sale, lease, and/or rental. No display of items for sale, lease, or rental shall be permitted, except within a building. Trailers may be displayed and rented within the industrial zoning districts if authorized by the project Conditional Use Permit.

3. Restroom entrance screening. Each rest room entrance shall be from within a building, or screened from the view of adjacent properties and street rights-of-way by solid decorative screening.

4. Storm drainage. If drainage is to a street, storm water shall be carried under the sidewalk in an approved manner.

5. Trash area. An outdoor trash collection and storage areas shall be enclosed on all sides by a wall with a minimum height of five feet. The trash area shall be located on the site so that adequate vehicular access is provided.

K. Permitted and prohibited activities. The activities allowed within a gas station and on a gas station site shall be limited as follows.

1. Primary activities. A gas station may include the following activities.

a. The retail sale of motor fuels and related petroleum products, and goods and services generally required in the operation and maintenance of automotive vehicles, including the sale and servicing of tires, batteries, automotive accessories and replacement items.

b. Trailer or truck rentals when the gas station site is located within an industrial zoning district and the rentals are authorized by Conditional Use Permit.

c. Hand-washing and lubrication services, and minor automotive maintenance and repair (that which requires less than one day to complete). Major automotive repairs that require more than one day to complete, painting, body and fender work, and automatic or coin wash racks, are excluded where these uses are otherwise permitted by the applicable zoning district.

d. The sale of perishable items and soft drinks.

2. Repairs and vehicle service. Where allowed, hydraulic hoists and pits, and any lubrication, greasing, automobile washing, and permitted repair equipment shall be entirely within a building enclosed on three sides and with a roof.

3. Vehicles on the site.

a. No vehicle shall be parked on the site of a gas station other than: those of customers and employees; two trucks or other service vehicles incidental to the business; and one vehicle, trailer or camper owned by the owner or lessee of the business.

b. No storage of vehicles shall be permitted.

c. No vehicle shall be parked at or near a street intersection so as to obstruct the vision of motorists.

d. No vehicle may be offered for sale on the premises.

L. Hours of operation. No service station located within 100 feet of a residential zoning district shall conduct operations between the hours of 12:00 midnight and 6:00 a.m.

M. Required findings for approval. The Commission shall not grant a Conditional Use Permit for a Service Station, unless it first makes all of the following findings, in addition to those required by Section 36.410.060 (Conditional Use Permits and Administrative Use Permits).

1. The proposed use will not substantially increase vehicular traffic on any street within a residential zoning district;

2. The proposed use will not, by virtue of curb cuts and vehicular access, impair the suitability of nearby commercially zoned property for commercial use; and

3. The proposed use will not substantially increase traffic hazards to pedestrians when located near a school, religious facility, auditorium, theater, or other place of assembly.

(Ord. No. 2108 § 1.)

This Section provides for the reuse of existing commercial structures to accommodate live/work opportunities, and for the development of new live/work facilities. Live/work quarters are intended to be occupied by artisans, artists, and individuals practicing similar professions, and their families.

A. Applicability. The provisions of this Section apply to live/work units and artist lofts/studios where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in non-residential zoning districts.

B. Design standards. Live/work units shall comply with the following standards:

1. Floor area requirements. The total floor area of a live/work unit shall be at least 750 square feet. Any ground-floor interior space immediately adjacent to a public street or sidewalk shall be limited to commercial activities, and shall have a pedestrian oriented frontage that publicly displays the interior of the commercial activity. In the case of a corner parcel, only the street frontage with the primary entrance to the business shall be required to provide a pedestrian orientation.

2. Access to units. Where more than one live/work unit is proposed within a single building, each live/work unit shall be separated from other live/work units and other uses in the building. Access to individual units shall be from common access areas, corridors, or hallways. Access to each unit shall be clearly identified.

C. Occupancy and employees. At least one of the full-time workers of the live/work unit shall reside in the unit. The residential area shall not be rented separately from the working space. The business activity occupying the live/work unit may utilize employees in addition to residents as necessary.

D. Retail sales. Retail sales activities may be allowed from a live/work unit as follows:

1. The retail use shall be primarily for the display and retail sale of works created in the unit; and

2. Retail space may be integrated with working space.

• (Ord. No. 2108 § 1.)

A. Review requirement. An outdoor dining or seating area for restaurants or other establishments with a public eating license shall require approval of an Administrative Use Permit, and shall be developed in compliance with an approved site plan which indicates the areas dedicated for outdoor dining and the maximum seating capacity for the outdoor dining area. Outdoor dining establishments shall operate in compliance with Section 36.300.110 (Performance Standards).

B. Location requirements.

1. Patron tables and other outdoor dining area components shall be located on the same site as the other facilities of the restaurant or immediately adjacent to the public right-of-way.

2. If any portion of the outdoor dining area is to be located within a public right-of-way, an Encroachment Permit shall be obtained in compliance with the Municipal Code before approval of an Administrative Use Permit for the outdoor dining area.

3. When located immediately adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the residential use.

C. Hours of operation. The hours and days of operation of the outdoor dining area shall be identified in the approved Administrative Use Permit.

D. Lighting. Illuminated outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of, any residential property or use, in compliance with Section 36.300.090 (Outdoor Lighting).

E. Alcoholic beverage sales. A restaurant that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the State Department of Alcoholic Beverage Control. The dining area shall be:

1. Physically defined and clearly a part of the restaurant it serves; and

2. Supervised by a restaurant employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

F. Operating requirements.

1. Clean-up facilities and maintenance. Outdoor dining areas within the public right-of-way shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety, and welfare.

2. Outdoor cooking. Cooking within an outdoor dining area may occur only with Administrative Use Permit approval.

3. Placement of tables. Tables shall be placed only in the locations shown on the approved site plan.

G. Design compatibility. The following standards are intended to ensure compatibility with surrounding uses and a high standard of design quality.

1. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structures.

2. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience.

3. The relationship of outdoor dining areas to churches, hospitals, public schools, and residential uses shall be considered by the Director. Proper mitigation measures should be applied to eliminate potential impacts related to glare, light, loitering, and noise.

4. Outdoor dining areas shall maintain adequate vehicular or pedestrian traffic flow.

H. Additional standards. At the discretion of the Director, the following additional standards may apply to outdoor dining areas. The applicability of these standards shall be specified in the permit approving the outdoor seating area.

1. Amplified sound and music may be prohibited within the outdoor dining area.

2. A sound buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area. The design and height of the wall shall be approved by the Director.

(Ord. No. 2108 § 1.)

A. Accessory outdoor display. Outdoor displays incidental and complementary to an allowed use on commercially or publicly zoned parcels shall be subject to the approval of an Administrative Use Permit approved by the Director, and all of the following standards.

1. Outdoor displays shall be:

a. Approved with a defined fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, or parking spaces. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic. They shall also be placed so that the clear space for the passage of pedestrians upon the sidewalk is not reduced to less than six feet on minor arterials and eight feet on major arterials. All placement within the public rightof-way shall require the approval of the City Engineer.

b. Directly related to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site, provided that display may extend into or enter over any public sidewalk by a maximum of two feet, where authorized by an Encroachment Permit issued by the City Engineer;

c. Limited to artwork and pottery, flowers and plants, handicrafts, furniture, or other items which are determined by the Director to be similar in nature;

d. Limited to the hours of operation of the business and portable and removed from public view at the close of each business day.

e. Managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair; and

• f. Placed to not block structure entrances and on-site driveways.

2. Outdoor displays shall not be:

a. Placed within 100 feet of any residential dwelling, except for mixed-use projects; or

b. Placed so as to impede or interfere with the reasonable use of the store front windows for display purposes.

• B. Newsstands and flower stands.

1. Location requirements. News and flower stands shall:

a. Be located parallel and adjacent to the wall of a structure, and shall be recessed from any public sidewalk so as to not restrict pedestrian traffic flow. Freestanding news and flower stands are allowed only as roofed kiosks; and

b. Not be located:

(1) Within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes;

(2) Within 100 feet of any residential use within a residential zoning district;

(3) Within 1,000 feet of another news or flower sales point, provided that this requirement may be reduced by the Director if the proposed use is determined not to be detrimental to public safety and welfare; or

(4) So that the sidewalk is reduced to less than eight feet on arterial streets and six feet on other streets. This requirement may be modified by the Director where the clear passage provided is safe and adequate.

2. Design and construction requirements.

a. Stands shall be constructed of permanent material, and designed in a manner and color to be compatible with the adjacent structures whether opened or closed. Security doors shall be designed as an integral part of the structure.

b. Shelving shall not exceed eight feet in height nor two feet in depth.

3. Maintenance. The news or flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4. Signs.

a. Stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Division 36.320 (Signs).

b. The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5. Parking. In approving an outdoor news or flower stand, the Director shall determine that some on-site parking or adequate onstreet or other public parking is available in a commercial zoning district within a reasonable distance of the stand.

6. Additional product sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed.

7. Encroachment Permit. If a news or flower stand is proposed within a public right-of-way, the owners or operators shall apply for an Encroachment Permit from the Public Works Department before applying for approval of the stand by the Department.

8. Hours of operation. Hours of operation of news and flower stands shall be determined by the review authority.

(Ord. No. 2108 § 1.)

This Section provides locational and operational standards for the establishment of various types and sizes of commercial recycling facilities, in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Recycling facilities shall comply with the following standards. Definitions of the specialized terms and phrases used in this Section are in Subsection F.

A. Reverse vending machines. Reverse vending machines shall comply with the following standards.

1. Accessory use only. The machines shall be installed as an accessory use in compliance with the applicable provisions of this Zoning Code, and shall not require additional parking.

2. Location requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be located within 30 feet of a building entrance, and constructed of durable waterproof and rustproof materials.

3. Maximum size. When located outdoors, the area occupied by the machines shall not exceed 50 square feet, including any protective enclosure, nor eight feet in height.

4. Signs. Signs shall not exceed a maximum area of four square feet for each machine, exclusive of operating instructions.

5. Hours of operation. The machines shall have operating hours which are consistent with the operating hours of the primary use.

6. Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation.

• B. Small collection facilities. Small collection facilities shall comply with the following standards.

1. Location requirements. Small collection facilities shall:

a. Not be located within 100 feet of any parcel zoned or occupied for residential use; and

b. Be set back at least 10 feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

2. Maximum size. A small collection facility shall not occupy more than 500 square feet nor five parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards. Small collection facilities shall:

a. Not use power-driven processing equipment, except for reverse vending machines;

• b. Accept only glass, metal or plastic containers, paper, clothing, and reusable items; and

c. Use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

d. Shall not exceed noise levels of 50 dBA as measured at the property line of the nearest residentially zoned or occupied property, otherwise shall not exceed 60 dBA.

e. Attended facilities located within 500 feet of a residential district shall only operate and have materials picked up or delivered between the hours of 7 am and 7 pm Monday through Friday, and 9 am and 7 pm on Saturday and Sunday.

f. Containers for the 24-hour donation of materials shall be at least 100 feet from any residentially zoned property unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

g. Shall be free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

5. Signs. Signs may be provided as follows:

a. Identification signs may be allowed a maximum of 10 square feet of sign area;

b. Signs shall be both compatible and harmonious with the character of their location; and

c. Directional signs, consistent with Division 36.320 (Signs) and without advertising message, may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking requirements.

a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed.

b. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

c. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

C. Large collection facilities. A collection facility that is larger than 500 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned or used for residential use.

2. Container location. Containers shall be constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

3. Screening. The facility shall be screened from public rights-of-way, by landscaping and solid masonry walls at least six feet in height or located within an enclosed structure.

4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

6. Operating standards.

a. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

c. Noise levels shall not exceed 50 dBA as measured at the property line of residentially zoning or occupied property, otherwise shall not exceed 60 dBA.

D. Processing facilities. Processing facilities shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use or noise sensitive receptors (such as hospitals) and shall be located within an enclosed building except for incidental storage. Facilities must be 500 feet from residential property or noise sensitive receptors.

2. Limitation on use. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.

3. Container location. Containers provided for 24-hour donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

4. Screening. A processing facility shall be located within an area enclosed on all sides by a solid masonry wall, not less than eight feet in height, and landscaped on all street frontages;

5. Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls;

6. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, and free of litter and debris, shall not be detectable on adjoining parcels.

E. Findings. Conditional use permit approval shall include the following findings.

a. The site for the proposed use is an adequate size, shape and topography;

b. The site has sufficient access to streets and highways, street width and pavement type to safely accommodate the quantity and type of traffic to be generated by the use;

c. The proposed use will not have an adverse effect on the use, enjoyment or valuation of adjacent property or general public welfare; and

d. The proposed project is compatible with the existing scale and character of the surrounding neighborhood, protects views, and aesthetic values in the neighborhood.

F. Definitions. As used in this Section the following terms and phrases shall have the meaning ascribed to them in this Subsection, unless the context in which they are used clearly requires otherwise.

1. Collection facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a. Reverse vending machine(s);

b. Small collection facilities which occupy an area of 350 square feet or less and may include:

• (1) A mobile unit;

(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and

• (3) Kiosk-type units which may include permanent structures.

c. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

2. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

3. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Scrap and Dismantling Yards,” below:

a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

b. A heavy processing facility is any processing facility other than a light processing facility.

4. Recycling facility. A center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See “Collection Facility” above.

5. Recycling or recyclable material. Reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

6. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

7. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

(Ord. No. 2108 § 1.)

This Section provides standards for accessory residential structures and private residential recreational facilities, which may be permitted where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), provided that an accessory residential structure or private residential recreational facility shall be incidental to, and not alter the residential character of the dwelling or dwellings or the site.

A. Site and timing requirements. An accessory residential structure or private residential recreational facility may be established in compliance with this Section only on a lot with an existing dwelling or dwellings, or simultaneously with the development of a new dwelling or dwellings. If a parcel contains more than one lot, such structures/facilities shall only be established on the lot on which the dwelling is located, unless the lots are first merged or otherwise legally joined so as to constitute a single legal entity.

B. Prohibited facilities. An accessory residential structure shall not be equipped with:

1. Cooking or sleeping facilities, except that an unenclosed gazebo may have an “outdoor kitchen” (grill, sink, wet bar, etc.);

2. Restroom facilities, except that a parcel with a permanent (requires a construction permit(s)) swimming pool or spa pool may have a poolhouse or cabana with a sink and/or shower and/or toilet. When a poolhouse has a toilet, a covenant shall be required stating that the poolhouse shall be maintained as an accessory structure and not be used for sleeping quarters or be converted to a residential use. The purpose of the covenant is to ensure that subsequent owners of the property are aware of this restriction. This covenant shall be recorded against the property’s title, and evidence of recordation shall be provided to the Planning and Building Department prior to the issuance of a construction permit.

3. Plumbing, except a pool house or pool cabana may have a sink and/or shower and/or toilet per SPMC 36.350.170(B)(2), and a garage (detached or attached), but not a carport, may have washer/dryer hookups (water and gas supply and sewer connection) and/or a hand or utility sink, and a water heater, if the following conditions are satisfied:

a. The location of the washer/dryer does not encroach into the required parking space(s).

b. Showers and/or bathtubs and/or toilets are prohibited.

• c. Cooking facilities are prohibited.

d. Only one of each (utility or hand sink, washer/dryer connection, water heater) is allowed per garage.

e. A covenant shall be recorded against the property’s title noting that the plumbing facilities can only service a sink and/or washer/dryer; that toilets, bathtubs, and showers are prohibited; and that the structure cannot be used as habitable space. The purpose of the covenant is to ensure that future owners are aware of these restrictions.

f. All applicable construction code requirements shall be adhered to and all required construction permits shall be obtained.

g. In the event that the location of the washer and/or dryer would encroach into the required parking space(s), any extension of the garage (to create a space for these appliances) shall:

• (1) Be subject to review and approval by the chair of the applicable design authority;

• (2) Not be visible from the street;

• (3) Meet required minimum setbacks and floor area ratio/lot coverage requirements;

• (4) Meet building and fire code requirements.

• C. Site layout and design standards.

1. Exterior design and materials. An accessory residential structure shall be architecturally compatible with the primary structure, and have the same architectural style and materials.

2. Maximum floor area. The floor area of an accessory residential structure (excluding detached garages/carports) shall not exceed 200 square feet, and the aggregate area of all accessory structures (excluding detached garages/carports) on the site shall not exceed 700 square feet. When a detached garage is combined with another type of accessory residential structure (workshop, poolhouse, etc.), the area of the non-garage portion of said structure shall not exceed 200 square feet. All dimensions refer to gross floor area, which is measured from the outside surfaces of the exterior walls. All accessory structures are included in the applicable floor area ratio limit, except that the first 500 square feet of a garage or carport are exempted. Lot coverage limits also apply. All accessory structures that require a building permit are subject to Design Review and any adopted design guidelines.

3. Setback requirements. An accessory residential structure shall comply with the setback requirements established by Article 2 (Zoning Districts, Allowable Land Uses and Permit Requirements), except that:

a. A structure with a floor area of 120 square feet or less may be located within a required side or rear setback, but not within a front setback or in front of the front-most dwelling unit on the lot;

b. An accessory residential structure shall be located at least five feet from a side and/or rear property line. Such structures cannot be located in the front setback or in front of the front-most dwelling unit on the lot;

c. A detached garage or carport shall be located at least two feet from a side and/or rear property line provided that such structure (if less than five feet from a property line) meets the following requirements:

• (1) A detached garage shall have no openings in the exterior walls abutting the property lines,

• (2) The structure is constructed of one-hour fire resistant materials, and

• (3) A provision is made for all water runoff to drain onto the subject property;

A detached garage or carport shall not be located in the front of the front-most dwelling unit on the lot, except for development that is subject to the approval of a Hillside Development Permit (SPMC Section 36.410.065). In no case shall a detached garage or carport be allowed within a front yard setback;

d. Accessory structures shall be located at or beyond the required street-facing side yard setback for the dwelling/s, except if the Director determines that a lesser setback can be approved using the Administrative Use Permit process detailed in subsection (C)(3)

(f);

e. Private residential recreational facilities shall be located at least five feet from a side and/or rear property line and cannot be located in the front setback or in front of the front-most dwelling unit on the lot or in the street-facing side setback of a corner lot; and

f. A new detached garage or carport to replace a previous garage or carport that was legal nonconforming in terms of side/rear setbacks may be allowed within the required five-foot setback with the approval of an Administrative Use Permit (AUP). This exemption also applies to front setbacks for hillside properties (as defined in SPMC Section 36.340.020(A)) and to street-facing side yards for corner lots. In determining whether it is impractical or unfeasible to provide a standard size garage (20 feet by 20 feet) at the required five-foot side/rear setback (and/or 10-foot front setback for a hillside property, or required street-facing side yard setback for a corner lot), the Director shall consider if such a location will result in an inefficient site plan, a development pattern that is inconsistent with surrounding development, or the loss of the property’s only available private outdoor living area, and whether the following conditions exist/apply:

(1) The property is substandard in size, less than 10,000 square feet,

(2) The property is substandard in width, less than 50 feet wide, or

• (3) The property contains the following features:

• (A) Protected heritage trees,

• (B) A home listed on the City’s Inventory of Historic Resources, or

(C) Physical features that would make it impractical or unfeasible to provide a standard size garage that observes the required setback,

• (4) The prevailing development pattern of the surrounding properties.

The exemption in subsection (C)(3)(f) shall only apply for the reconstruction of a previously existing garage or carport that was voluntarily demolished pursuant to a permit and all other necessary approvals. Replacement garages/carports shall meet (but not exceed) current minimum size requirements unless the Director determines that physical constraints (per subsection (C)(3)(f)(3)(C) of this section) preclude this. Involuntarily destroyed structures are subject SPMC 36.360.060 (Nonconforming Uses, Structures, and Parcels, Exemptions and Exceptions). New accessory structures that are not replacements shall conform to the required setbacks, except for those located on the street-facing side of the lot, which may be located within the required street-facing setback, subject to the approval of an AUP.

g. A structure containing an “outdoor kitchen” shall meet all Fire Code requirements, which may include a 10-foot setback depending on the size, type, and location of the structure and/or the facilities contained therein.

4. Height limit. An accessory residential structure shall not exceed:

a. Eight feet for a structure allowed within a setback in compliance with subsection (C)(3)(a).

b. Nine feet (at top plate height) for a new detached garage or carport if located within two to five feet from a property line. The plate height represents the top of the wall studs (or supporting pole of a carport), which intersects with the horizontal, structural member of

the wall frame (or roof of a carport). Exceptions to the nine foot height limit may be allowed for the following cases:

(1) The overall height of an accessory structure (excluding the top plate height) may rise above the nine foot height limit as it steps or slopes away from the two-foot initial setback, but shall not intercept an encroachment plane sloping inward from a point nine feet in height (beginning at the two-foot setback) and rising to a maximum of one and one-half feet for each one foot of distance starting at the two-foot setback. See Figure 1.

(2) For a detached garage with a flat roof, the overall height of such structure (excluding the top plate height) may rise to a maximum height of 10 feet at the top of a parapet.

c. Fifteen feet for a detached structure located at or beyond the required five-foot setback, except that a detached garage (but not a carport) height of up to 22 feet may be allowed if the Review Authority makes a finding that the additional height is required so as to be consistent with the roof pitch of the main dwelling.

d. No accessory residential structure shall have more than one story, except that any attic space under the roof may be used for storage only, with access permitted only by pull-down stairs. Permanent stairs are prohibited.

==> picture [373 x 366] intentionally omitted <==

Figure 1. Encroachment Plane and Setbacks for Detached Garages and Carports

(Ord. No. 2108 § 1; Ord. No. 2190 § 4, 2009; Ord. No. 2203 § 2, 2010; Ord. No. 2270, §§ 3, 4, 2014.)

The following provisions are intended to encourage the construction of courtyard housing as an attractive and liveable alternative to other forms of multi-family housing development, by providing alternatives to certain development standards of this Zoning Code as incentives.

A. Procedure for incentives. A multi-family housing project that is proposed as courtyard housing in compliance with this Section may be granted incentives as follows.

1. Allowable incentives. The review authority may grant any combination of the following incentives at the request of an applicant, provided that the review authority shall have the discretion to offer none of the incentives, and may choose to require compliance with all otherwise applicable residential development regulations.

a. Driveways used exclusively for ingress and egress or for interior parking lot circulation may be designed and improved with steeper grades in courtyard structures than in other residential structures with the approval of the Fire Department. Ramp grades shall not exceed a 20 percent slope with approach ramps as close to a three percent slope as feasible.

b. The first floor of a structure, up to a maximum height of 12 feet, may extend 10 feet into the required rear yard setback. The second floor up to a maximum height of 24 feet, may extend five feet into the required rear setback. An area equal to the area of the required rear setback that is occupied by the building shall be provided as common open space at grade level in the courtyard area, in addition to all required front and side setbacks.

c. The first floor of a structure with a maximum height of 15 feet, may extend a maximum of 12 feet into, and cover a maximum of 50 percent of the required front yard, but shall contain only habitable or porch space. An extension into the front yard that exceeds seven and one-half feet shall not be wider than 20 feet, and shall be separated from an adjacent extension into the front yard by a minimum of 10 feet.

d. A semi-subterranean parking garage that does not extend more than 30 inches above grade may be built to a side property line but shall not project into the required rear setback. An area equal to the area of the required side setback that is occupied by the garage shall be provided as common open space at grade level in the courtyard area.

2. Criteria for approval. The review authority may approve courtyard housing project with incentives in compliance with this Section if it first finds that the project:

a. Complies with all applicable provisions of this Section; and

b. Provides a higher quality design than would have been provided under the otherwise applicable standards.

3. Alternatives to courtyard design standards. Project approval shall require that the review authority first make a finding of compliance for each of the design and development standards of this Section. The review authority may approve alternative courtyard design standards, provided that the review authority first finds that each alternative:

a. Achieves a better design solution for the courtyard and development than would result from application of the basic courtyard regulations; and

b. Would not materially affect adjoining properties.

B. Courtyard and common open space requirements. The project shall provide common open space as required for multi-family projects by Section 36.350.190. The open space shall be located on the site as follows.

1. Courtyard required. A courtyard housing project shall include a clearly defined courtyard space. The structure may, for example, be “O,” “L,” or “U” shaped. See Figure 3-34. A distinct outdoor communal space (or series of spaces) shall be provided to serve as a focus for the housing units, with individual entries to the living units provided from the spaces.

==> picture [169 x 102] intentionally omitted <==

Figure 3-34. Courtyard Example

2. Courtyard area. The courtyard shall be designed to incorporate at least 60 percent of the common open space area required for the project by Section 36.350.190 (Residential Uses—Multi-Family Project Standards).

3. Rear yard open space. If any of the rear setback is proposed as common open space in addition to the courtyard, a clear connection between the rear yard and the courtyard space shall be provided and at least a portion of the rear yard shall be visible from the courtyard, as follows:

a. If more than 30 percent of the common open space requirement is proposed in the rear yard, an opening of at least 10 feet wide and 10 feet high shall provide a view to the rear yard from the courtyard;

b. For an opening less than 10 feet wide, the length shall not exceed twice the width. The height of the opening shall be no less than its width; and

c. An opening 15 feet wide or more shall be open to the sky.

4. Open space in balconies, decks, and terraces. A portion of the common open space requirement for the project may be provided in balconies, decks, and terraces that are open and unrestricted for use by all residents, in compliance with the following standards:

a. 75 percent of balconies, roof decks, or terraces that are counted as common open space in a courtyard project shall be directly adjacent to and overlook the courtyard, and should be seen as an extension of the courtyard;

b. The space shall not be more than two floors above the courtyard and shall be connected directly to the courtyard with a grand stairway or other appropriate connection if it represents more than 10 percent of the common open space; and

c. The space shall have no dimension less than 10 feet, if one level or less above the courtyard, and no dimension less than 15 feet, if two or more levels above the courtyard.

5. Secondary courtyards. Secondary courtyards shall be allowed in compliance with the following standards:

a. If 30 percent or more of the common open space required is provided in additional courtyards, the additional courtyards shall meet all of the requirements for the main courtyard except for visual access to the street; and

b. If less than 30 percent of the common open space required is provided in additional courtyards the additional courtyards shall comply with the same visibility, access, and dimensional standards as common open space in the rear setback.

C. Courtyard design standards.

1. Entrance from street. The courtyard shall address the street, and be easily accessible from the street, with a spacious, clearly defined grand entry, grand stairs if appropriate, or other similar treatment. At least a portion of the courtyard should be visible from the street. The courtyard is best located on the level of the street or 30 inches above or below the street.

a. On parcels with a slope greater than four percent between the street elevation and the rear elevation of the site, the courtyard may be located more than two and one-half feet above or below street level, but no more than five feet.

b. On parcels with a slope less than four percent between the street elevation and the rear elevation of the site, the courtyard may be at the level of natural grade or up to three feet above or below natural grade. Natural grade shall be measured at the sidewalk (front) property line at the location of the entrance to the courtyard.

c. On parcels with more than 60 feet of street frontage, an opening in the structure at least 10 feet wide and 10 feet high shall be provided. The opening may be designed with security enclosures which are treated in the same design style as the structure itself.

d. Passageways from the front yard to the courtyard which are less than 15 feet wide shall have a length no greater than twice the width. The height of the opening shall be no less than the width.

e. Openings that are 10 feet or more in width and 20 feet more in length shall be open to the sky.

f. Glazing shall not be allowed in the opening. Any gates shall be of a highly ornamental nature (preferably designed by an artist and executed by a skilled craftsperson). The gate shall allow a minimum of 70 percent visibility into the courtyard.

2. Dimensions. The minimum length and width of a courtyard shall be 15 feet on parcels of 50 feet or less in width, 20 feet on all other parcels, and shall comply with the minimum area requirements of Subsection B.1 (Courtyard required).

3. Encroachments.

a. Structural elements. Exterior, unenclosed structural elements (e.g., balconies, open stairs, and stoops) may encroach into the courtyard and may reduce the minimum clear dimension of the courtyard a maximum of five feet from 20 feet subject to the following limitations:

(1) Encroaching balconies shall have design features such as brackets or braces, and not be simple, featureless cantilevers;

(2) Encroaching stairs shall be either wood or masonry and have closed risers;

• (3) Unenclosed encroachments shall have a maximum depth of four feet; and

(4) The total area of unenclosed encroachments shall not exceed 10 percent of the area of the courtyard.

b. Private open space. Private open space for individual units is not considered an encroachment and may be included as part of the courtyard subject to the following limitations:

(1) The maximum height of hedges, walls, or other elements separating the space from the rest of the main garden shall be 24 inches or less in height if opaque, and 42 inches maximum in height if it allows at least 50 percent visibility. Height shall be measured from the finished grade of walkways or patios in the common portion of the main garden;

• (2) The total area of private open space within the main garden shall not exceed 25 percent of the area of the courtyard; and

• (3) The main garden, as a whole, shall comply with the planting and paving standards of following Subsection D.

D. Courtyard landscaping and surfacing standards.

1. General landscape standards. Courtyard landscaping shall comply with Division 36.330 (Landscaping Standards), and the following standards.

a. All courtyard landscaping shall be permanently maintained and irrigated with an automatic system.

b. Preferred courtyard and front yard ground covers are ones that may be walked on, and are water-conserving.

c. The incorporation of fountains, pools, and other water features into the courtyard is required. The incorporation of other decorative elements (e.g., iron work and tile) is encouraged. Water elements shall recycle to conserve water. If the courtyard is over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided. The minimum tree size at planting shall be 15 gallons.

d. Benches, retaining walls, steps, and bench-type edges for planters shall be provided.

2. Courtyard landscaping and surfacing. All courtyards shall comply with at least one of the following Subsections (D.2.a, D.2.b, and/or D.2.c).

a. Courtyard on grade. The courtyard may be at natural grade with no structure below. For gardens or parts of gardens at natural grade, the following requirements shall apply:

(1) At least 35 percent of the total courtyard area shall be planted;

(2) A courtyard with a minimum area of 1,500 square feet shall have at least one canopy tree with a minimum mature height of 35 feet. An additional canopy tree of the same size shall be included for each additional 1,000 square feet of courtyard area. The minimum tree size at planting shall be 15 gallons; and

(3) Poured surfaces (e.g., asphalt or concrete) may be used for walkways up to five feet in width but are not acceptable for area paving. Unplanted areas with a minimum dimension of five feet or more shall be paved with unit pavers (e.g., brick, concrete, or tile) set or covered with decomposed granite or garden gravel.

b. Courtyard over subterranean parking. The courtyard may be at natural grade over a fully subterranean parking structure, or up to three feet above street level at the entry over a semi-subterranean parking structure. Where possible, planted areas should be installed at the same grade as adjacent walkways. Courtyards or parts of courtyards over subterranean parking shall comply with the following requirements in addition to the requirements of Subsection D.2.a, above for gardens on grade.

(1) Planting beds shall be on two feet of soil. If above the grade level of the courtyard, the walls of the planters may be no more than two feet above finished grade.

(2) For each canopy tree required, a well extending down through the parking structure shall be provided. Tree wells shall have a minimum inside diameter of six feet. Tree well areas shall be counted as part of the required landscaped area. See Figure 3-35.

==> picture [202 x 143] intentionally omitted <==

Figure 3-35. Plantings over Garage

(3) Appropriate drainage and irrigation shall be provided for planters, tree wells, and the soil covering the parking structure.

c. Courtyard over partially subterranean parking. The courtyard may be no more than three feet above natural grade over a partially subterranean parking structure. For gardens or parts of gardens over partially subterranean parking the following requirements shall be met in addition to the requirements identified above for gardens at natural grade and over fully subterranean parking.

(1) Except for tree wells, planters, and decorative garden elements (e.g., fountains, etc.) the entire surface of the courtyard shall be covered with a minimum of eight inches of soil or unit pavers set in sand or soil with a total minimum depth of eight inches.

(2) Finished grade at the courtyard and existing grade at the sidewalk entrance to the courtyard shall be used in determining the height of the main garden above the natural grade.

E. Building design.

1. Upper floor setbacks. Courtyard structures of more than two stories shall set back each floor above the second a distance from the courtyard of at least one foot for each foot in height above the second floor, on at least 65 percent of the courtyard perimeter.

2. Unit orientation. All units in a courtyard structure shall be “through” units and shall have an exposure off the courtyard as well as an exposure on at least one other side of the structure.

3. Access to individual units.

a. Interior corridors are prohibited. The majority of units shall have their primary entrances directly from the courtyard space. Additional entrances may serve units from the street front or from subsidiary common open spaces. No common access balcony above the level of the courtyard floor shall have a single or combined length greater than one side of the courtyard.

b. Shared entrances from the courtyard in the form of porches, recesses in the structure, stairs, or stoops may serve no more than two units.

c. Transitional spaces in the form of overhangs, porches, and stoops, between public areas or common spaces and entrances to the units shall be provided for each unit or group of units.

4. Architectural standards. The following provisions address the quality of the structures that surround and define a courtyard, and make a crucial contribution to the life and quality of these spaces. These provisions are intended to encourage courtyard housing design features that are appropriate to the City, and prohibit inappropriate ones.

a. Objectives. Architectural elements (e.g., balconies, bay windows, entrances, and porches) shall signal human habitation and are an essential aspect of a successful courtyard structure. The architectural heritage of the City’s courtyard structures owes a great deal to craftsmanship and the contributions of craftspeople to the quality of the structures. It is a purpose of this Subparagraph to perpetuate the craft tradition which is an important element of this structure type. The City is, and has always been, heterogeneous architecturally, and this Zoning Code is not prescriptive with respect to the style or the architectural character of structures. It does, however, encourage structures which are designed, detailed, and constructed with care and consistency, and which are enriched by the contribution of individual artisans.

b. Required elements. Each new courtyard structure shall incorporate as least one feature as a conspicuous component of its architecture which demonstrates skilled craftwork. Examples of these features include cast terra cotta, iron gates, stenciled ornament, tile fountains, wood work, or other devices.

c. Special features. Part of the special charm of courtyard structures comes from the presence of particular structural elements including the following. Each courtyard structure shall incorporate at least two of the following elements. The substitution of elements not on the list may be approved by the review authority. See Figure 3-36.

• (1) Upper floor loggias or pergolas recessed within a structure.

• (2) Roofed balconies supported by brackets or by columns at the ground floor.

• (3) Exterior wooden or masonry stairs with closed risers.

• (4) Tile or masonry fountains

==> picture [352 x 259] intentionally omitted <==

Figure 3-36. Courtyard Housing Special Features

d. Materials.

(1) In order to ensure that new structures appear substantial and integral, changes of exterior color, texture, or material shall be accompanied by changes in plane. An exception is the articulation of the base of a structure.

(2) Material or color changes at the outside corners of structures give an impression of thinness and artificiality and are not allowed.

(3) Structures should have consistent materials and details throughout. Detailing of doors, windows, and eaves and the type and quality of materials should be similar on all sides of structures.

(4) New courtyard structures should reflect the City’s architectural traditions. This means that careful decisions shall be made concerning the choice, application, and detailing of materials so that new construction reflects the best examples of the type in the City. Windows and doors shall be outlined by projecting surrounds that completely enclose these openings, or be deeply recessed.

F. Parking entry. The visibility of the parking entry from the street shall be minimized and designed to be architecturally sensitive to, and treated as, an integral part of the street facade.

(Ord. No. 2108 § 1.)

A. Purpose. The provisions of this Section are intended to:

1. Provide multi-family project residents with adequate private and common open space;

2. Encourage multi-family projects to incorporate courtyard open space design; and

3. Parking shall not be placed along the front building elevation or adjacent to the street so that buildings, rather than parking lots or garages, address the street and public view.

B. Applicability. These provisions apply to new or remodeled multi-family projects (50 percent or more of building area remodeled).

C. Open space requirements. All multi-family residential projects shall provide permanently maintained outdoor open space for dwelling units (private space), and for all residents (common space).

1. Area required. Refer to Tables 2-3 and 2-6 for common and private open space requirements.

2. Configuration of open space.

a. Location on site. Required open space areas:

• (1) Shall be located adjacent to the primary entrance;

(2) Shall be provided as continuous, usable site elements, which shall not include setback areas but may be contiguous to required setbacks; and

(3) Private open space shall be at the same level as, and immediately accessible from, a kitchen, dining room, family room, master bedroom, or living room within the unit. Variations from these dimensional and locational standards may be allowed where it can be shown that the required private open space meets the intent and purpose of this Section. Provision of private open space shall not reduce the common open space requirements of this Section.

b. Elevation. A minimum of 60 percent of the required common open space shall be located at grade or the level of the first habitable floor.

c. Uncovered areas required. At least 33 percent of the perimeter of the private open space of each unit, or 100 percent of the roof of the open space of each unit, shall be open to the outdoors. Reference to this requirement shall be included in the Covenants, Conditions, and Restrictions of any common interest development.

3. Allowed uses. Required common open space:

a. Shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each multi-family project; and

b. Shall not include driveways, setbacks, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space, parking spaces, or other areas primarily designed for other operational functions.

4. Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners’ association. Provisions for control and maintenance shall be included in any property covenants of common interest developments.

5. Surfacing. Open space areas shall be surfaced with any practical combination of lawn, paving, decking, concrete, or other serviceable material.

6. Landscaping. The applicant shall submit a landscape plan for approval. Landscape design, installation, and maintenance shall comply with Division 36.330 (Landscaping Standards).

7. Slope. Required open space areas shall not exceed a slope of 10 percent.

D. Facility and design requirements.

1. Accessory structures. Accessory structures and uses (e.g., car washing areas, bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall incorporate a design, including materials and colors, similar to the dwelling units, and shall be located in an efficient manner in compliance with this Subsection.

2. Front façade. At least 50 percent of the front façade of all buildings fronting public streets shall be habitable space. A project shall have at least one private entry into the façade adjacent to the right-of-way, with the entry at or within five feet of the finished grade.

3. Front yard paving. No more than 45 percent of the total area of the front yard setback shall be paved for walkways, driveways, and other hardcover pavement.

4. Laundry facilities. All residential developments with five or more dwelling units shall provide common laundry facilities, except developments with facilities provided within each unit.

a. Keyed access. Laundry facilities shall be provided with keyed access for “tenants only.”

b. Location. The facilities shall be evenly dispersed throughout the multi-family project and easily accessible to all tenants.

5. Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 36.300.090 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. All proposed lighting shall be shown on the required landscape plan.

6. Storage area. Each dwelling unit shall be provided a minimum of 100 cubic feet of lockable storage area with a minimum dimension of 30 inches, outside of the dwelling unit; provided, that these storage areas shall not be visible from a public street.

7. Television antennas. Dwelling units shall not have exterior television antennas other than satellite dishes less than 39 inches in diameter. A single common, central antenna may be allowed, with underground cable service to all dwelling units. This restriction shall be included in any property covenants of a common interest development.

8. Solid waste recycling. Each project shall incorporate innovative designs, both interior and exterior, to make solid waste recycling more convenient and accessible to the occupants.

(Ord. No. 2108 § 1; Ord. No. 2403 § 4 (Exh. A), 2025.)

A. Definitions. The following definitions shall apply to this section.

1. Accessory Dwelling Unit (ADU). See SPMC 36.700.020(A).

2. Attached ADU. An ADU that is attached to the primary dwelling, not including a JADU.

3. Bathroom. Facility required to include a shower and/or bath, sink and a toilet.

4. Conversion. All or a portion of an existing space or structure which is used to create an ADU or JADU (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary dwelling. A conversion does not include the portion of any expansion of the existing space or structure.

5. Detached ADU. The unit is separated from the primary dwelling.

6. Efficiency Kitchen. Required to include a cooking appliance, such as a hot plate and microwave, with a sink, and a food preparation counter and storage cabinets.

7. High Risk Fire Area. The area located south of Monterey Road, extending to the City border, and west of Meridian Avenue, extending to the City border, as established in Chapter 14 SPMC.

8. Historic Property. For purposes of this section, this shall refer to a property that is: (a) designated as an individual landmark or as a contributor to a designated historic district; (b) identified on an inventory that has been adopted by the City as a property eligible as an individual landmark or as a contributing structure to an eligible historic district, as authorized by Health and Safety Code Section 18955.

9. Junior Accessory Dwelling Unit (JADU). A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence, which shall not exceed 500 square feet in size. A JADU may share central systems (HVAC, water, electric), contain an efficiency kitchen or cooking facilities and bathroom, or may share a bathroom with the primary dwelling.

B. Applicability. The standards and criteria in this section apply to properties containing single-family or multifamily housing units within all zoning districts that allow residential uses. These standards are in addition to all other applicable standards found in this Zoning Code; in case of conflict the standards of this section shall apply.

C. Applications. Pursuant to Government Code Sections 66316 and 66317, applications for accessory dwelling units shall be considered ministerially (staff-level approval based on objective standards) within 60 days after the application is deemed complete. If the permit application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the action on the accessory dwelling unit permit may be delayed until the city approves or denies the permit application to create the new single-family or multifamily dwelling; however, the accessory dwelling unit permit application shall be considered without discretionary review or hearing. The application for the creation of an ADU or JADU shall be deemed approved if the local agency has not acted on the application within 60 days from the date it is deemed complete. The application process and requirements shall be set forth in a written document provided by the Planning Department.

1. Timing of concurrent applications. An applicant may submit an application to construct an ADU concurrently with other proposed development, such as new construction of or an addition to an existing primary dwelling. The following shall apply in these cases:

a. New construction of primary dwelling unit, with attached ADU/JADU or detached ADUs. Approval of all applicable discretionary entitlements for the primary dwelling shall be required before the ADU/JADU application may be deemed complete and approved. ADU applications submitted prior to the construction of a primary dwelling unit which was subject to discretionary review and which conflict with the conditions of approval for the primary dwelling unit shall be denied unless the primary dwelling unit conditions of approval are first amended.

b. Conversions of existing accessory structures. The ADU application for conversion of a detached accessory structure may be approved within 60 days after it has been deemed complete, regardless of a concurrent application for an addition to the primary dwelling. If the conversion is a garage that removes existing parking, replacement parking for the primary structure shall not be required, and the proposed addition to the primary dwelling shall not require additional parking.

c. Additions to existing primary dwelling unit with proposed attached ADU/JADU. Approval of all applicable discretionary entitlements for the primary dwelling shall be required before the attached ADU/JADU application may be deemed complete and approved, unless the ADU application is for a conversion. No attached ADU is permitted for a historic property, pursuant to subsection (J) of this section.

d. Additions to existing primary dwelling unit with proposed detached ADU. The ADU application for a new construction detached ADU, or a conversion plus expansion of a detached accessory structure, shall be approved within 60 days after it has been deemed complete. If the application for an addition to the primary dwelling unit is deemed complete together with the ADU application, 800

square feet of the ADU shall be allowed to exceed the FAR and lot coverage in calculating the allowable floor area for the addition to the primary dwelling unit. If the ADU application includes a garage conversion that removes existing parking, replacement parking for the primary structure shall not be required, and the proposed addition to the primary dwelling shall not require additional parking.

2. Prerequisite discretionary permits. Accessory dwelling unit applications shall not be deemed complete until all applicable discretionary prerequisites have been approved. Prerequisites may include tree removal permits, certificates of appropriateness, and hillside development permits.

D. Ownership. An ADU may be sold or conveyed to low- or moderate-income persons separately from the primary dwelling unit in accordance with Government Code Sections 66340 and 66341, as may be amended from time to time, if the ADU is built or developed by a qualified nonprofit corporation meeting state law requirements. A JADU may not be sold separately from the primary dwelling. The City may require a deed restriction in a form approved by the City Attorney to memorialize and enforce the restrictions set forth in state law.

1. JADU owner-occupancy required. The owner shall reside in either the remaining portion of the primary residence, or in the newly created JADU.

E. Development standards for ADUs on single-family properties. The following standards apply to ADU development on a property that is not a historic property (see subsection (J) of this section for historic property standards). ADU development meeting the criteria of Government Code Sections 66323(a)(1) through (a)(4) shall not be subject to any objective development or design standards beyond those set forth in Government Code Section 66323.

1. Location.

a. Number of ADUs. One ADU, either attached or detached, and one JADU shall be allowed on a single-family property. Pursuant to Government Code Section 66323, a property owner may also convert an existing structure to an ADU, in addition to the ADU and JADU listed above.

b. Location on site. An ADU may be attached to or detached from the primary dwelling on the same lot. An accessory dwelling unit may be located within and/or above a garage or other existing accessory structure.

c. Hillside locations. An ADU on a hillside property may be attached to or detached from the primary dwelling unit, in a location within, behind or underneath the primary dwelling, underneath a parking bridge even if it is closer to the front property line than the primary dwelling, or as a conversion of existing space.

d. Location in front of primary dwelling. If 50 percent or more of the existing primary dwelling is located in the rear one-third of a property that is not a historic property, an attached or detached ADU shall be allowed in front of the primary dwelling as follows:

i. Ministerial review (staff approval). For an ADU that is one story, not more than 850 square feet for a unit with up to one bedroom or 1,000 square feet if the unit includes two or more bedrooms, and maximum 16 feet in height.

ii. Planning Commission Chair approval. For an ADU that exceeds the standards of subsection (E)(1)(d)(i) of this section, and is no more than 1,200 square feet in size and maximum two stories not to exceed a height of 18 feet for a flat roof, plus a one-foot parapet, and 22 feet for a pitched roof.

e. Standards for ADUs in front of primary dwelling. Where feasible, ADUs located in front of the primary dwelling per subsection (E) (1)(d) of this section shall comply with the following standards:

i. The ADU shall comply with the applicable front yard setback requirement for the district in which it is located, and with minimum side yard setbacks of four feet.

ii. The structure’s front yard-facing facade shall include an entry into the unit and a covered porch or awning.

iii. The application shall provide a landscape plan for the area in front of the ADU in compliance with SPMC 36.330.030. No new driveway or parking area shall be allowed directly in front of the ADU.

iv. A minimum 20 square feet of window area shall be provided on each front- and corner-facing elevation. No window with any exposed vinyl material in part or in whole shall be allowed on these elevations.

v. The ADU shall have a pitched roof if one or more adjacent properties have pitched roofs.

vi. If a garage is attached to the ADU, it shall be set back 10 feet from the front elevation.

2. Floor area. Floor area of an ADU that exceeds the property’s lot coverage and floor area ratio (FAR) requirements shall be permitted as required by Government Code 66321 and as specified in this subsection. An ADU which is proposed to exceed lot coverage and floor area ratio (FAR) as described below shall not be approved, unless the size is reduced to comply with this subsection. For purposes of development of other structures on the property, the floor area of an existing ADU shall be counted in the calculation of the property’s total lot coverage and floor area ratio, except that when an existing garage has been converted or partially converted

to an ADU and no other garage has been or is proposed to be constructed on site; up to 500 square feet of such garage conversion shall not be counted toward lot coverage and floor area ratio.

a. New construction attached ADU. An accessory dwelling unit attached to the primary dwelling shall have a minimum floor area of 150 square feet, and a maximum floor area of 850 square feet for a unit with up to one bedroom or 1,000 square feet if the unit includes two or more bedrooms. Up to 800 square feet of the floor area of the ADU shall be allowed to exceed the property’s lot coverage and FAR requirements.

b. New construction detached ADU. A detached accessory dwelling unit shall have a minimum floor area of 150 square feet, and a maximum floor area of 1,200 square feet. Up to 800 square feet of the floor area of the ADU shall be allowed to exceed the property’s lot coverage and FAR requirements.

c. Conversion ADUs. The maximum size of an ADU that is a conversion of an existing accessory structure shall be the size of the existing structure plus an expansion up to an additional 150 square feet if necessary for ingress and egress only.

i. An ADU that expands upon the existing structure being converted in excess of the ingress and egress exemption shall be a maximum of 1,200 square feet. Up to 800 square feet of the floor area of the ADU shall be allowed to exceed the property’s lot coverage and FAR requirements.

d. Junior accessory dwelling units (JADUs). The maximum floor area for a junior accessory dwelling unit shall not exceed 500 square feet. If the ADU shares an existing bathroom with the primary dwelling, the bathroom area shall not be included. However, a newly constructed bathroom shall be included in the maximum size of the JADU even if proposed to be shared with the primary dwelling.

3. Height limits. The maximum height of an attached or detached new accessory dwelling unit shall not exceed the following limits, subject to Government Code Section 66321(b)(4)(B). For purposes of this section, “story” shall mean a distinct level of living space, excluding loft area that is open to living space below.

a. For a one-story ADU: 16 feet to top of parapet or pitched roof. A height of 18 feet may be allowed for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

b. For a two-story ADU including an ADU located above an accessory structure: 18 feet for a flat roof, plus a one-foot parapet, or 22 feet for a pitched roof.

c. For a conversion ADU (without an expansion): the height of the existing structure.

d. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. (Government Code Section 66321(b)(4)(D))

e. Notwithstanding the maximum height requirements, in no case shall an accessory dwelling unit exceed two stories.

4. Setbacks. An accessory dwelling unit shall comply with the front yard setback requirements of the applicable zoning district (see Article 2, Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except that no setback shall be required for the conversion of an existing structure, and a setback of no more than four feet from the side and rear lot lines shall be required for new construction.

An accessory dwelling unit shall comply with the front yard setback requirements of the applicable zoning district (see Article 2, Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except that no setback shall be required for the conversion of an existing structure, and a setback of no more than four feet from the side and rear lot lines shall be required for new construction.

a. Additions to structures with nonconforming setbacks. If the ADU is a conversion of an existing accessory structure with a side yard setback of less than four feet, the wall may be extended for an additional 10 feet at the same setback, provided it is not less than three feet from the side property line and not less than four feet from the rear property line. If the existing setback is less than three feet, the addition shall be required to maintain the four-foot setback.

5. Building separation. Detached ADUs on residentially zoned parcels that are larger than 800 square feet shall comply with the 10foot building separation requirement in SPMC 36.220.040.

6. Standards for JADUs (see also subsection (I) of this section).

A JADU shall include:

a. An outdoor entrance that is separate from the primary dwelling.

b. At a minimum, an efficiency kitchen, a separate or shared bathroom, and a sleeping and living area.

F. Development standards for ADUs on multifamily and mixed-use properties. ADU development meeting the criteria of Government Code Sections 66323(a)(1) through (a)(4) shall not be subject to any objective development or design standards beyond those set forth in Government Code Section 66323.

1. Where these standards conflict with the design standards set forth in subsection (J) of this section for historic properties, the standards set forth in subsection (J) of this section shall control.

2. Number of detached ADUs. Not more than eight detached accessory dwelling units may be located on lots with an existing multifamily dwelling; provided, that the number of accessory dwelling units shall not exceed the number of existing units on the lot. On a lot with a proposed multifamily dwelling not more than two detached accessory dwelling units shall be permitted.

3. Setbacks. An accessory dwelling unit shall comply with the front yard setback requirements of the applicable zoning district (see Article 2 of this chapter, Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except that no setback shall be required for the conversion of an existing structure, and a setback of no more than four feet from the side and rear lot lines shall be required for new construction.

elling unit shall comply with the front yard setback requirements of the applicable zoning district (see Article 2 of this chapter, Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except that no setback shall be required for the conversion of an existing structure, and a setback of no more than four feet from the side and rear lot lines shall be required for new construction.

4. Detached ADU standards. The accessory dwelling units shall maintain four-foot side and rear yard setbacks, and shall not exceed 18 feet for a one-story structure or, for a two-story structure, 18 feet for a flat roof, plus a one-foot parapet, or 22 feet for a pitched roof. A height of 18 feet may be allowed for a detached accessory dwelling unit on a lot with an existing or proposed multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

5. Attached ADU standards. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. (Government Code Section 66321(b) (4)(D))

6. Conversion ADUs. Nonlivable space within the existing building envelope on lots with a multifamily dwelling, including storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into accessory dwelling units if each unit complies with State building standards for dwellings and on the condition that the number of accessory dwelling units created do not exceed 25 percent of the number of existing multifamily dwelling units, or at least one unit, including the accessory dwelling units created. The term “livable space” shall have the meaning set forth in Government Code Section 66313(e) as it may be amended from time to time.

G. Development standards applicable to ADUs on all properties. ADU development meeting the criteria of Government Code Sections 66323(a)(1) through (a)(4) shall not be subject to any objective development or design standards beyond those set forth in Government Code Section 66323.

1. Two-story ADUs. Except as approved by the Planning Commission Chair pursuant to subsection (E)(1)(d) of this section, a twostory ADU shall comply with the following standards as applicable unless otherwise exempted by state law. Where these standards conflict with ADU design standards set forth in subsection (J) of this section for historic properties, the standards set forth in subsection (J) of this section shall control.

proved by the Planning Commission Chair pursuant to subsection (E)(1)(d) of this section, a twostory ADU shall comply with the following standards as applicable unless otherwise exempted by state law. Where these standards conflict with ADU design standards set forth in subsection (J) of this section for historic properties, the standards set forth in subsection (J) of this section shall control.

a. Windows. Where primary dwelling units are not allowed to build within six feet of the property line, the following shall be required: on second-floor elevations with setback less than six feet from a property line shared with adjacent residential parcels, only fixed windows, or fixed panes of a window assembly, composed of plain obscured glass (such as frosted) with no color shall be placed in the area up to five feet above the interior floor height. Any clear window or window pane on these elevations shall be placed so that the bottom of the clear glass is at least five feet above the interior floor height.

b. Balconies. Balconies shall only be allowed on elevations facing the interior of the property, e.g., facing the primary dwelling and/or the back yard area directly behind the primary dwelling. In the case of an ADU on a corner lot, a balcony may face the adjacent street.

c. Setbacks for second floor. The second floor of an ADU shall be set back a minimum of four feet from the side and rear property lines.

i. Notwithstanding the above, a second-floor ADU proposed above an existing accessory structure shall be allowed to maintain the same setback as an existing wall provided the wall is at least three feet from the property line.

d. Second-floor articulation. Thirty percent of the side and rear wall plane above the first floor shall be articulated with minimum 18inch recesses.

2. Separate entrance. An attached ADU shall have an outdoor entrance that is separate from the primary dwelling.

3. Interior facility requirements. An ADU shall provide living quarters independent from the primary dwelling, including living, sleeping, permanent provisions for cooking and a bathroom.

4. Utilities. An ADU may have shared or separate utility services (e.g., an electrical and/or gas meter) from the primary dwelling.

5. Mechanical equipment. Outdoor equipment associated with electric split or mini-split heating and cooling systems dedicated solely to an attached or detached ADU may be placed in the rear yard setback area.

H. Parking.

1. Exemptions. With the exception of subsection (I)(1) of this section, no off-street parking shall be required for an ADU or JADU if:

• a. The ADU is located within one-half mile walking distance of a bus stop or light rail station.

• b. When on-street parking permits are required but not offered to the occupant of the ADU.

c. The ADU is within a historic district or an eligible historic district, or a designated historic property, as identified by the National Register for Historic Places, the California Register for Historic Places, or the City’s Cultural Heritage Ordinance.

• d. The ADU or JADU is within the existing primary dwelling.

• e. There is a car share vehicle located within one block of the ADU.

2. Parking required. Parking shall be required for an accessory dwelling unit under the following conditions (see also subsection (I) (1) of this section):

a. If the ADU does not qualify for an exemption based on the list above, in which case one off-street parking space shall be required.

b. If the ADU or ADUs are within a multifamily property, in which case one off-street parking space shall be required per three accessory dwelling units, or fraction thereof. The requirement shall be cumulative if ADUs are built sequentially.

I. High risk fire areas. The areas of the City defined as “high risk fire areas” pursuant to SPMC 14.1 are subject to additional requirements for parking and fire sprinklers due to topographic and climatic conditions which create public safety risks, including accessibility of fire apparatus on narrow streets, and delay times in evacuation and response due to accessibility challenges. Requiring parking on site is intended to reduce parking on the narrow streets, in order to increase accessibility of fire apparatus and facilitate evacuation; use of fire sprinklers in new development helps control the spread of small fires, which promotes effectiveness in controlling a fire in early stages, allowing for responding fire apparatus and suppression crew to arrive on scene and deploy industrystandard preconnected 250-foot hose lines or standard hose packs as necessary to reach and defend occupants and structures. Based on these findings of public safety necessity, proposed ADUs and JADUs in the high risk fire area shall be subject to the following additional requirements:

1. Parking. If the property is located adjacent to a narrow street, defined as a street with a width of less than 28 feet, one off-street parking space shall be provided. The ADU may not displace existing parking for the primary residence. Notwithstanding, a garage may be converted to an ADU if all removed parking spaces are provided elsewhere on the property for the primary dwelling in addition to the parking space to be provided for the ADU.

2. Fire sprinklers. Fire sprinklers shall be required.

3. Distance from front property line. A detached ADU shall be located within 150 feet of the front property line in order to facilitate emergency fire access, including deployment of an industry-standard, preconnected 250-foot hose line. Notwithstanding, for flag lots, for the purpose of deploying industry-standard hose packs, the ADU may be located within 100 feet of a dry standpipe installed on the property with approval of the Fire Chief.

J. Design standards for historic properties. ADU development meeting the criteria of Government Code Sections 66323(a)(1) through (a)(4) shall not be subject to any objective development or design standards beyond those set forth in Government Code Section 66323.

1. Applicability. ADUs proposed for development on a historic single- or multifamily property shall comply with the design standards set forth in this subsection and the South Pasadena Design Guidelines for ADU Development on Historic Properties. The following types of ADUs are permitted on historic properties:

a. Conversion of an existing accessory structure, with or without additional floor area.

b. New construction of a detached ADU.

c. JADUs within the envelope of the existing primary dwelling, consistent with the requirements of subsection (J)(8)(f) of this section.

2. Exemptions. Detached ADUs and accessory structure additions on a historic property that are not visible from the public right-ofway are not subject to compliance with this subsection or the South Pasadena Design Guidelines for ADU Development on Historic Properties. Visibility from the public right-of-way for this purpose shall be determined as follows:

a. Visibility of the structure from the street immediately in front of and within 10 feet on either side of any street-adjacent property line(s). This shall include both adjacent streets for corner properties. An alley is not considered a public right-of-way for this purpose.

b. Vegetation, gates, fencing, and any other landscaping elements shall not be considered in determining visibility from the public right-of-way.

3. Procedures. Detached ADUs subject to requirements of this subsection shall require ministerial (staff-level) approval, except in the following instances:

a. Cultural Heritage Commission (CHC) review and approval. CHC review and approval shall be required if an application proposes new construction of a detached ADU or additions to an existing accessory structure if the proposed ADU does not comply with the standards set forth in this subsection (J).

4. Location.

a. New construction, detached ADU. Detached ADUs shall be located at the rear of the property, except as provided in subsection (J) (4)(b) of this section.

b. New construction, detached ADU in front of primary dwelling. If 50 percent or more of the primary dwelling is located at the rear one-third of a property and there is no other location on the property in which a maximum 800-square-foot ADU could be added, a detached ADU shall be allowed in front of the primary dwelling, in compliance with subsections (E)(1)(e) and (J)(8) of this section and with the following:

i. ADUs proposed in front of the primary dwelling shall not be placed in a manner that blocks visibility of more than 50 percent of the front/primary facade (the facade containing the main entrance) from the public right-of-way, using the definition of visibility provided in subsection (J)(2) of this section.

ii. The ADU shall not be placed in such a manner that the main entrance to the primary dwelling is not visible from the public rightof-way.

iii. The maximum size of the ADU in front of the primary dwelling shall be 800 square feet.

iv. The maximum height of the ADU in front of the primary dwelling shall be 18 feet.

c. Accessory structure additions. If an accessory structure is subject to the provisions of this subsection (J), the addition shall not be attached to the front facade (the facade containing the main/vehicular entrance) of the accessory structure.

5. Size and height limits. ADUs shall comply with the size and height standards set forth in subsection (E)(3) of this section as well as the following, in order to avoid an adverse impact on the historic property. In case of conflict, these standards shall apply:

a. The height of the ADU shall not exceed the height of the primary dwelling, with the following exception:

i. Even if the primary dwelling is less than 16 feet in height, the ADU shall be permitted to have a maximum height of 16 feet.

b. Two-story ADUs shall be permitted up to 18 feet in height for a flat roof, plus a one-foot parapet, or 22 feet in height for a pitched roof, as long as the ADU is lower than the height of the primary dwelling. Two-story ADUs shall only be permitted when the primary dwelling is two stories in height, with the following exception:

i. If the historic property is on a hillside lot and contains a one-story primary dwelling, a two-story ADU shall be permitted if the ADU is located downslope and at the rear of the property so that it is still lower than the height of the primary dwelling as viewed from the public right-of-way.

6. Demolition of accessory structures.

a. For an ADU proposal involving the demolition of an existing accessory structure older than 45 years of age, the staff-level Historic Resource Evaluation Report is required to determine if the existing accessory structure constitutes a character-defining feature of the property. An accessory structure that has been determined to be a character-defining feature of a historic resource shall not be demolished in order to construct an ADU. Such accessory structure shall be subject to the standards set forth in SPMC 2.67, South Pasadena Cultural Heritage Ordinance (Ordinance No. 2315).

7. Architectural style.

a. A new construction detached ADU subject to the requirements of this subsection (J) shall be designed as a simplified stylistic variation of its primary dwelling through the incorporation of the design elements listed in subsections (J)(8) and (J)(9) of this section, and the South Pasadena Design Guidelines for ADU Development on Historic Properties.

b. Exterior changes to an existing accessory structure subject to the requirements of this subsection (J) shall comply with relevant requirements listed in subsections (J)(8) and (J)(9) of this section, and the South Pasadena Design Guidelines for ADU Development on Historic Properties.

8. Required design elements.

a. Roof type/pitch for new construction detached ADUs and accessory structure additions. The roof type (flat, gable, hipped) shall match the primary dwelling or existing accessory structure (if attached to the accessory structure). The roof pitch (low, medium, steep) shall be similar to the primary dwelling/existing accessory structure and within the roof pitch range that is appropriate for the architectural style of the dwelling/structure as specified in the Design Guidelines for ADU Development on Historic Properties.

b. Roof material. New roof materials for a new construction detached ADU or an accessory structure conversion/addition shall match the primary dwelling or the existing accessory structure (if attached to the accessory structure), with the following exceptions. Vinyl

tiles and cement shakes are prohibited.

i. Composition shingle roofing is an acceptable alternative to wood shingle.

ii. Cement tile roofing is an acceptable alternative to clay tile.

iii. Solar shingle roofing is an acceptable alternative to asphalt composition or wood shingle roofing.

c. Wall cladding type/material. New cladding material (wood, wood composite, stucco, masonry) and orientation (horizontal or vertical) for a new construction detached ADU or an accessory structure conversion/addition shall substantially match the primary dwelling or the existing accessory structure (if attached to the accessory structure). Cladding shall be differentiated from the primary dwelling/existing accessory structure cladding through color, profile, width, and/or texture.

d. Door type/material. New doors shall be made of the same or similar materials as those of the primary dwelling or the existing accessory structure (if attached to the accessory structure).

i. Accessory structure conversions/additions. Existing garage doors may be replaced with new doors or infilled; provided, that the framing to the original opening is preserved.

e. Window type/material. New windows shall have the same orientation (vertical or horizontal) as the predominant window type on the primary dwelling or the existing accessory structure (if attached to the accessory structure). New windows shall be made of the same or similar materials as those of the primary dwelling/existing accessory structure. No window with any exposed vinyl material in whole or in part shall be permitted.

f. Entrances and new windows in junior accessory dwelling units (JADUs). JADU entrances and new windows, if required by building code, shall be located on a secondary (non-street facing) facade, or the facade that does not contain the main entrance to the primary dwelling (if on a corner lot property), where feasible.

9. Optional design elements. The following design elements shall be acceptable on the ADU if they are present on the primary dwelling/existing accessory structure: dormers, bay windows, arched windows, and shutters. If these elements are not present on the primary dwelling/existing accessory structure, they shall not be permitted on the ADU.

K. Short-term rentals. An accessory dwelling unit shall not be rented out for a period of less than 30 days. The City may require a deed restriction to enforce this limitation, in a form approved by the City Attorney.

L. Fees. An accessory dwelling unit application must be submitted to the City along with the appropriate fee as established by the City Council by resolution in accordance with applicable law.

1. The City may impose a fee on the applicant in connection with approval of an ADU for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 66324(a) and 66000(b).

2. The City will not consider an ADU to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was part of an application for a new single-family dwelling.

3. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Units that are deed restricted, that rent can be no more than 80 percent of area median income (AMI), are exempt from impact fees.

4. The City shall collect school impact fees pursuant to the State law for development of an ADU or JADU.

M. Certificate of occupancy. A certificate of occupancy for an ADU or JADU shall not be issued before the issuance of a certificate of occupancy for the primary dwelling.

(Ord. No. 2108 § 1; Ord. No. 2183 § 16, 2009; Ord. No. 2246 § 4, 2013; Ord. No. 2309 § 3, 2016; Ord. No. 2339 § 3, 2019; Ord. No. 2356 § 1, 2021; Ord. No. 2360 § 1, 2021; Ord. No. 2364 § 1, 2022; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Applicability. The standards and criteria in this Section apply to all property owners who apply for Administrative Use Permit approval for a private sports court as defined in Article 7 (Definitions).

B. Private sports courts shall not be located in the front yard or on top of buildings.

C. All private sports courts shall be landscaped and screened from abutting properties in every direction. The height of any fence enclosing the tennis court shall not exceed twelve feet above the finished surface of the tennis court and all portions of such fence shall be mesh, chain link type fencing. A sport court fence may include a retaining wall that does not exceed a maximum height of six feet.

D. A private sports court shall not be located less than 10’-0” from any property line. In the event the elevation difference between abutting property lines is 12’-0” or more, and the dwellings are located at a minimum distance of 50’-0” from the private sports court, the required setback can be reduced, and the court be placed on the property line.

E. Any lighting proposed for an outdoor sports court shall comply with Section 36.300.090 (Outdoor Lighting).

F. A timer shall be installed on each sports court light such that it automatically shuts off within one hour of non-use. Private sports court lights shall be turned off after 10:00 p.m.

G. A private sports court, shall not be rented nor used as a private club, nor for the commercial instruction of players other than the property owners of the subject parcel.

H. The use of a sports court shall be limited to the occupants, or guests of the residential dwelling on the same lot. The Review Authority may allow a private sports court to locate on a vacant residential parcel after first making the findings required for the approval of a Administrative Use Permit in compliance with Section 36.410.060, as well as the following additional findings:

1. The vacant parcel for which the sports court is to be considered is contiguous with a parcel that is developed with a residential use.

2. Both parcels are under the same ownership.

3. The court will not be visible from the public right-of-way.

4. The size of the sports court does not preclude the future construction of a residence that would comply with all the-pertinentdevelopment-standards of the zoning district.

(Ord. No. 2145 § 1.)

A. Applicability. The provisions of this Section apply to all antennas within the City, except the following, which are allowed in all zoning districts and are exempt from permit requirements:

1. Satellite antennas with a maximum diameter of one meter (39 inches) for residential installations, and two meters (78 inches) for commercial satellite earth stations, which are instead regulated by Federal law; and

2. Non-satellite residential television and radio antennas, except within multi-family projects and common interest developments. Within multi-family projects and common interest developments, individual antennas shall be prohibited outside of any dwelling unit. The declaration, cooperative housing corporation by-laws, or proprietary lease shall provide either for a central antenna with connection to each unit via underground or internal wall wiring or each unit shall be served by either a cable antenna service provided by a company licensed to provide the service within the City or by an effective antenna located wholly within the dwelling unit.

Definitions of the specialized terms and phrases used in this Section are in Subsection F.

B. Satellite antenna regulations. Satellite antennas intended for on-site reception with no off-site transmission, including portable units and dish antennas other than those exempted above, shall be designed, installed and maintained in compliance with the regulations of the Federal Communications Commission (FCC), California Public Utilities Commission (CPUC), and this Section, when these provisions are not in conflict with applicable Federal and State regulations. The Director may modify these requirements if strict compliance would result in poor satellite reception.

1. Location. Antennas may be roof- or ground-mounted. If ground-mounted, an antenna shall not be located between a structure and an adjoining street, and shall be screened from the view of the public right-of-way and neighboring parcels.

2. Diameter. All antenna diameter shall not exceed 12 feet.

3. Height. A roof-mounted antenna shall not project more than 10 feet above the roofline, and shall not exceed the maximum height allowed by the applicable zoning district.

4. Setbacks. A ground-mounted antenna shall comply with the setback requirements of the applicable zoning district; a roofmounted antenna shall be set back from the edge of the roof by one foot for every foot that the height of the antenna projects above the roofline.

5. Painting. Antennas and supporting structures shall be painted a single, neutral, non-glossy color (e.g., earth-tones, black, gray, etc.) and, to the extent possible, compatible with the appearance and character of the buildings on the site, and the surrounding area.

C. Cellular wireless telephone antennas. Cellular wireless telephone antennas, including rooftop supporting structures and related ground-mounted structures and equipment shall be located, designed, constructed, and maintained in compliance with the following standards.

1. Site selection order of preference. An application for the approval of a cellular wireless communication facility shall include written documentation provided by the applicant which demonstrates a good faith effort in locating facilities in compliance with this Subsection. Cellular wireless communication facilities shall be located in the following order of preference:

a. On existing buildings (e.g., a rooftop, church steeple, rooftop stairwell or equipment enclosure, etc.);

b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or

c. On parcels without significant visual mitigation required.

2. Location criteria for all wireless communication facilities. Cellular wireless communication facilities shall not be established within a front or street side yard in any zoning district.

3. Co-location. City agencies, special districts, and utility providers shall encourage and allow “co-location” of cellular equipment on appropriate structures and towers subject to reasonable engineering requirements.

4. Height limit. The maximum height of an antenna located on the roof of a structure shall not project more than 10 feet above the roofline; the antenna shall be set back from the roof edge by one foot for each foot of projection above the roofline.

5. Painting. The equipment and supporting structure shall be painted a single, neutral, non-glossy color to match or be compatible with the building and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

6. Side yards. Equipment shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines;

7. Unused/obsolete equipment. Unused/obsolete equipment or towers shall be removed from the site within 30 days after their use has ceased.

D. Single pole/tower amateur radio antennas. All single pole/tower amateur radio antennas shall be designed, constructed and maintained as follows:

1. The antenna shall not exceed the maximum height determined by the review authority to be necessary to achieve effective transmission and reception. The applicant shall provide information and fund any expert evaluation required by the review authority to document the minimum height required to the satisfaction of the review authority;

2. Any boom or other active element/accessory shall not exceed 25 feet in length;

3. The antenna may be roof or ground mounted; and

4. The antenna shall not be located in a front or side yard.

E. Effects of development on antenna reception. The City shall not be liable if subsequent development impairs antenna reception.

F. Definitions. As used in this Section the following terms and phrases shall have the meaning ascribed to them in this Subsection, unless the context in which they are used clearly requires otherwise.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure.

Amateur Radio Antenna. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur ratio station licensed by the Federal Communications Commission (FCC).

Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.

Cell Site. A geographical area with a radius of two-to-eight miles that contains both transmitting and receiving antennae.

Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

Co-location. The locating of wireless communications equipment from more than one provider on a single ground-mounted, roofmounted, or structure-mounted facility.

Dish Antenna. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

Electromagnetic field. The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.

Monopole. A structure composed of a single spire used to support antennas and related equipment.

Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

Satellite Antenna. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

Stealth facility. A communications facility that is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.

Whip Antenna. An antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennas.

(Ord. No. 2108 § 1.)

A. Purpose. The purpose of the following standards is to guide large-scale multi-product retailers to design and build structures that do not appear as monolithic “big-box” buildings surrounded by overly extensive parking lots. The standards are intended to soften the appearance of large structures, both on their site and from adjacent properties, so that they are of “human” scale in relation to their surroundings.

B. Applicability. The provisions of this Section apply to proposed retail structures of 40,000 square feet or larger.

C. Design and development standards. Proposed large-scale retail structures shall comply with the following standards.

1. Building design.

a. Exterior wall appearance and details.

(1) Building walls shall incorporate the same quality and level of detail of ornamentation on each elevation visible from a public rightof-way.

(2) Building facade details and materials shall be integrated into building design, and shall not be or appear as artificial “glued/tacked-on” features, encouraging the perception of low quality.

b. Horizontal wall articulation. All building walls shall be designed to break up the appearance of a box-like structure by:

(1) Including extensive facade articulation in the form of horizontal and vertical design elements to provide variations in wall plane and surface relief, including providing a variety of surface textures, recesses and projections along wall planes; and

(2) Using different building and wall materials (e.g. varying colors, reveals, wainscot at building base to lessen the building bulk, cornices and parapet details, moldings use of a variety of materials (as appropriate for architectural style) including brick, stone, wood and wood trim elements tile accents, trellises, etc.).

c. Vertical wall articulation. Building height shall be varied so that the vertical mass is broken into smaller distinct elements. Structures over 20 feet in height (i.e. two stories or more) shall include a second story setback of five feet for each story above the first floor on all elevations. Second stories shall include detailed building articulation with windows, eaves, and decorative details such as tiles, wood trim, etc. as appropriate.

d. Roof lines. The roof line shall be varied to break up the mass of the building. Roof designs shall include pitched roofs with roof overhangs proportional to the scale of the adjoining building wall and/or arcades or awnings.

e. Windows. Structures shall incorporate vertically oriented windows with window trim or other window ornamentation consistent with the architectural theme, at a regular rhythm on building elevations visible from a public right-of-way.

==> picture [239 x 222] intentionally omitted <==

Figure 3-37. Articulation and Windows

f. Location of secondary uses. Secondary uses or departments including pharmacies, photo finishing/development, snack bars, dry cleaning, etc., shall be oriented to the outside of the building. This includes these uses having separate entrances and windows facing the outside of the building. The intent is to break up the appearance of the large, primary building by creating a more human-scale atmosphere. Food courts/bars shall provide indoor and sheltered outdoor eating areas with tables, chairs, umbrellas, etc.

2. Landscaping. Landscaping that complements the building shall be provided along the base of structures. Landscaping shall include evergreen trees, shrubs and ornamental landscaping (and berms where appropriate) with all landscape areas having a minimum width of five feet. Landscaping shall be used to create a focal point near front building entrances. Sidewalks and other walkways shall also be integrated with landscape areas around building base and in parking lot area.

3. Outdoor lighting. Outdoor lighting fixtures on buildings and in parking lot shall be in keeping with the architectural style of the structure. The installation of more, smaller scale parking lot lights instead of fewer, overly tall and large parking lot lights shall be utilized. Outdoor light fixtures shall not exceed a height of 14 feet or the height of the building, whichever is less.

4. Signs. A comprehensive sign program shall be developed and incorporated into the project design.

(Ord. No. 2108 § 1.)

A proposed community garden shall comply with the requirements of this Section. Any community garden established prior to the adoption of the ordinance codified in this Section shall be subject to the development and operational standards noted in this Section.

A. Purpose. The provisions of this Section are intended to facilitate the establishment and operation of community gardens in the City while also mitigating potential adverse land use impacts (e.g., traffic, blight, and others) on the peace, health, safety and welfare of residents in nearby areas that may arise from the inappropriate location or operation of community gardens.

B. Application filing and processing. An application for a Conditional Use Permit shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing) in order to establish a community garden.

1. 500-foot notice. A Conditional Use Permit application for a community garden shall require a 500-foot radius public notification.

2. The application shall be filed by a Community Garden Association (CGA) that will be responsible for the oversight and operation of the proposed community garden. Details about the CGA’s governance, including any organization with which the CGA is, or proposes to be affiliated, shall be provided pursuant to subsection D.

3. Application requirements. The application for a community garden shall be made available on forms furnished by the Department, and shall be accompanied by the information identified in the Department handout for Conditional Use Permit applications and the following:

a. Soil tests.

i. If the proposed community garden will be established on property previously used for residential or recreational purposes, a soil test in compliance with ASTM D5435, Standard Test Method for Diagnostic Soil Test for Plant Growth and Food Chain Protection (or its successor) shall be provided,

ii. If the proposed community garden will be established on property previously used for commercial and/or industrial purposes, a soil test in compliance with ASTM E1527-05, Standard Practice for [Phase I] Environmental Site Assessment (or its successor) shall be submitted;

b. A copy of an agreement between the Community Garden Association, property owner (if different than the CGA), and the potential plot holders, which specifies who will be responsible for the costs incidental to the operation of the garden, including, but not limited to, water, electric utility, and trash pickup;

c. A copy of the proposed garden rules and regulations, including the proposed number of plot holders and the hours of operation; and

d. A plan showing the proposed garden’s size and available on-site, off-site, and street parking (as applicable).

• C. Site requirements.

1. There is no minimum lot size for a community garden.

2. Any historical sources of contamination identified in the soils testing must be further tested to determine the type and level of contamination. Appropriate remediation measures must be undertaken to ensure that the soil on the community gardens site is suitable for gardening prior to the start date of a community garden.

The degree of remediation may be mitigated by the use of raised garden beds or the importation of clean soil.

3. Parking. No on-site parking is required, but the Conditional Use Permit process will assess the impact of the garden on available street parking. A parking plan shall be provided when the application is submitted.

D. Community Gardens Association (CGA) governance, rules and regulations.

1. The CGA’s governance shall, at a minimum, address identification of officers and their duties, standing committees and their functions, CGA membership rules, frequency of meetings, and amendment of governance provisions.

2. The CGA shall establish rules and regulations and oversee and maintain the garden. Such rules and regulations shall, at a minimum, address the following terms: hours of operation, prohibited conduct on the site, supervision of children, pets, use of garden plot, disposal of trash, reproduction of garden key, use of garden tools, amendment of rules and regulations and enforcement mechanisms.

• E. Operational standards.

1. The Conditional Use Permit process will determine the following:

a. Permitted hours of operation for the garden on a case-by-case basis, taking into account variables, including the proximity and nature of nearby land uses. In no case shall the permitted opening hour be earlier than dawn or the closing time later than dusk.

b. Standards for floor areas, heights, parking, setbacks, and other structure and property development standards that apply to the zoning district of the subject site shall be used by the Planning Commission as a guide for determining the appropriate development standards for a community garden.

2. Trash. A suitably sized trash receptacle shall be placed on-site. The CGA shall be responsible for arranging for and making payment for regular trash collection. The operating rules shall encourage on-site composting of plant materials only and encourage gardeners to take their trash off-site for disposal.

3. Mechanized tools (tillers, trimmers, etc.) or flame-producing tools are prohibited.

4. The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property or to the public rightof-way.

5. Allowable uses include the cultivation of fruits, vegetables, plants, flowers, and herbs. Beekeeping or the raising of poultry or any other animals is prohibited. Plants prohibited by the State of California and/or Federal law are prohibited.

6. Only organic farming is permitted. The definition for organic is defined by the United States Department of Agriculture (U.S.D.A). The same standards governed by the City’s farmers’ market apply to the community garden (regarding organic farming).

7. No fresh manure may be used.

8. Smoking, consuming alcohol, or gambling are prohibited.

9. Entrance gates (if any) shall be secured with a key or combination lock. A copy of the key or the combination code shall be provided to the Planning and Building Department.

10. Sale of produce. No on-site sales of produce or any other items are permitted.

11. Water.

a. If a metered connection to the City’s water supply does not already exist at the proposed site, one shall be provided by the City. Water costs shall be paid by the CGA.

b. Informational materials supplied by the CGA to plot holders shall include advice on water conservation, mulching, effective watering techniques, etc.

12. The Commission may impose conditions of approval deemed reasonable and necessary to preserve the public health, safety, and general welfare to include, but not be limited to: site maintenance, irrigation, signs, hours of operation, allowable and prohibited uses, parking, and any other issues that may arise as a result of public testimony and Commission review.

F. Required findings for approval. The Commission shall not grant a Conditional Use Permit for a community garden, unless it first makes all of the following findings, in addition to those required by Section 36.410.060 (Conditional Use Permits and Administrative Use Permits):

1. The proposed use will not substantially increase vehicular traffic on any street within a residential zoning district;

2. The proposed use will not substantially increase traffic hazards to pedestrians when located near a school, religious facility, auditorium, theater, or other place of assembly; and

3. The proposed use will not adversely reduce available on-street parking for nearby businesses and/or controls have been established to prevent garden users utilizing businesses’ off-street parking areas.

G. Periodic review.

1. The Commission shall review the CUP 12 months after the start date of a community garden to assess any impacts on the health, safety, and welfare of garden users, surrounding residents and businesses of the City at large.

2. The CGA shall provide the Planning and Building Director with a copy of the operating rules and regulations and a list of officers on each anniversary of the community garden’s start date.

3. The Conditional Use Permit may be revoked and the use of the community garden shall cease if the Planning and Building Director determines that any of the following conditions exist:

a. There is no evidence that the CGA still exists; or

b. Conditions including, but not limited to: overgrown plots, unmaintained common areas, accumulation of trash, blight (as defined in the Municipal Code), nonpayment of water bills, etc.

(Ord. No. 2197 § 8, 2009; Ord. No. 2255 § 3, 2013.)

A. Purpose. Federal law prohibits the possession, sale, and distribution of marijuana. In order to serve the public health, safety, and welfare of the residents and businesses within the City, the purpose of this section is to prohibit cultivation of marijuana except as provided below, and the operation or establishment of marijuana businesses within the City.

B. Definitions. For purposes of this section, the following definitions shall apply:

1. “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana, marijuana accessories or marijuana products, whether for profit or not, and whether for medical or nonmedical purposes. “Commercial marijuana activity” does not include any activity by an entity that is otherwise in full compliance with this code and other applicable law, and that qualifies as any of the following uses:

a. A clinic licensed pursuant to Health and Safety Code, Division 2, Chapter 1.

b. A health facility licensed pursuant to Health and Safety Code, Division 2, Chapter 2.

c. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Division 2, Chapter 3.01.

d. A residential care facility for the elderly licensed pursuant to Health and Safety Code Division 2, Chapter 3.2.

e. A hospice or home health agency licensed pursuant to Health and Safety Code Division 2, Chapter 8.

2. “Cultivation” means the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana plants.

3. “Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed by the State, that enables

customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

4. “Distribution” means the procurement, sale, and transport of marijuana and marijuana products between entities licensed pursuant to Division 8, Chapter 3.5, or Division 10 of the Business and Professions Code.

5. “Identification card” means a document issued by the State of California that identifies a person authorized to use marijuana for medical purposes and the person’s designated primary caregiver, if any.

6. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

7. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Marijuana” does not include:

a. Industrial hemp, as defined in Health and Safety Code Section 11018.5; or

b. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

8. “Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

9. “Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

10. “Medical purposes” shall have the same meaning it has in Health and Safety Code Section 11362.5, or as that section may be amended from time to time.

11. “Person” includes any individual, firm, copartnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

12. “Primary caregiver” shall have the same meaning it has in Health and Safety Code Section 11362.7, or as that section may be amended from time to time.

13. “Qualified patient” means a person who is entitled to the protections of Health and Safety Code Section 11362.5.

C. Prohibition of commercial marijuana activity. No person may engage in commercial marijuana activity in any zone or specific plan throughout the City of South Pasadena. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment, maintenance or operation of any commercial marijuana activity within the City limits of the City of South Pasadena.

D. Prohibition of the cultivation of marijuana. The cultivation of marijuana is prohibited in all zones and specific plans throughout the City of South Pasadena. No permit or any other applicable license, including but not limited to the issuance of a business license, shall be approved or issued for the cultivation of marijuana within the City limits of the City of South Pasadena. Notwithstanding the foregoing, cultivation of marijuana is permitted under the following conditions:

1. Outdoor cultivation is permitted as long as it is solely for the personal use of a qualified patient, the volume cultivated is consistent with a physician’s recommendation for that qualified patient, and it is conducted on the grounds of the primary residence of either the qualified patient or his or her primary caregiver.

a. Outdoor cultivation must be limited to an area not to exceed 32 square feet, measured by the aggregate area of vegetative growth of live marijuana plants on the premises.

b. Outdoor cultivation of marijuana shall not be visible from the public right-of-way, and it shall occur in an enclosed yard that is not accessible by minors, except any minors residing in the home of the qualified patient for whom the marijuana is being cultivated.

c. No qualified patient or his or her primary caregiver shall sell, distribute, donate, or provide marijuana to any other person.

d. Upon request by a peace officer or other qualified agent of the City, any person engaged in outdoor cultivation of marijuana shall present an identification card or other evidence that the marijuana being cultivated is for the personal use of a qualified patient.

2. Indoor cultivation. Any person at least 21 years of age may cultivate marijuana inside his or her private residence or inside a fully enclosed and secure accessory structure on the grounds of that private residence.

a. Indoor cultivation shall not displace any required on-site parking, and it shall not be visible or detectible by the olfactory senses from the public right-of-way or other private property.

b. No person may utilize lighting that exceeds 1,200 watts, employ an electric generator, or use gas products, including but not limited to carbon dioxide and butane, while cultivating marijuana indoors.

c. Nothing in this section shall limit the right of an owner of a private residence to restrict the cultivation of marijuana within that residence, or on the grounds thereof, by tenants, licensees, or any other person with lawful access to that private residence.

3. Maximum cultivation. At any one time at any given private residence, the total indoor and outdoor cultivation permitted by this section shall not exceed six living marijuana plants. Qualified patients may exceed this maximum if doing so is consistent with their physician’s recommendation.

E. Cultivation and establishment, maintenance or operation of commercial marijuana activity declared a public nuisance. The cultivation of marijuana, except as authorized in this section, and the establishment, maintenance or operation of any commercial marijuana activity within the City limits of the City of South Pasadena is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 24 SPMC (Nuisances) or any available legal remedies, including but not limited to civil injunctions.

(Ord. No. 2200 § 2, 2010; Ord. No. 2290 § 3, 2016; Ord. No. 2314 § 4, 2017.)

This Section provides special regulations and standards for development of emergency shelters in the BP zoning district.

A. Applicability. The provisions of this Section apply to emergency shelters as defined in Article 7, “Definitions,” and where permitted pursuant to Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in the BP zoning district.

B. Development standards. Emergency shelters shall comply with the development standards for BP land use as specified in SPMC Section 36.230.040, “Commercial District General Development Standards.” The following special design standards shall also apply:

1. Repealed by Ordinance No. 2372.

2. Maximum number of beds. The maximum number of beds for an emergency shelter shall be 50 beds plus a residential unit for a full-time on-site manager.

3. Maximum occupancy. Maximum occupancy at any one time shall be 50 residents plus a minimum of one on-site manager.

4. On-site facilities. Each emergency shelter shall provide central laundry and cooking facilities, a minimum of one toilet per six beds per gender, a minimum of one shower per six beds per gender, and private showers for family shelter facilities. Resident storage areas shall be provided. At least one of the following specific support services shall be provided:

• a. Recreation room;

b. Counseling center;

• c. Child care;

d. Referral services;

e. Other similar supportive services geared to the homeless.

5. Off-street parking. One space per employee based on a plan submitted with the project application, with a minimum of two spaces, unless otherwise exempt from providing parking by state law.

6. Lighting. Security lighting shall be provided. A plan for security lighting shall be submitted for review and approval by the Police Department and be installed and fully operational prior to occupancy of the facility.

7. Waiting areas. Intake areas and waiting areas shall be located to prevent queuing in the public right-of-way or a parking lot. These areas shall be screened from public view with either a six-foot high wall or landscaping reaching six feet in height.

• C. Management and operations.

1. On-site security personnel and an on-site manager shall be present at the facility during all hours of operation.

2. Outdoor activities are limited to the hours of 8:00 a.m. to 9:00 p.m.

3. Resident check-in is permitted between the hours of 4:00 p.m. and 11:00 p.m. Residents are required to vacate the premises at 8:00 a.m. with no guaranteed bed for the next night.

4. Resident stays are limited to a maximum of six months per resident within a 12-month time period.

5. Loitering is prohibited.

6. A written management plan shall be submitted for review and approval by the Director of Planning and Building prior to occupancy and shall address provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided, training and treatment programs for residents, loitering control, and a staffing and services plan for assisting residents to obtain permanent shelter and income.

(Ord. No. 2251 § 6, 2013; Ord. No. 2372 § 6, 2023.)

A. Applicability. The provisions of this Section apply to single room occupancy residential units (SROs) as defined in Article 7, “Definitions,” and where permitted pursuant to Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in the BP zoning district.

B. Design standards. SRO units shall comply with the following standards:

1. Location requirements. An SRO cannot be located any closer than 300 feet from another SRO and no closer than 300 feet from a residential use, public park, or school.

2. Minimum lot size. The minimum lot size for an SRO development or facility occupying an existing building is 10,000 square feet.

3. Density. SRO developments shall not exceed one unit per 1,600 square feet of gross lot area.

4. Open space. A minimum of 100 square feet of common area open space per unit shall be provided on-site.

5. On-site facilities. Each unit shall have a sink with a garbage disposal and counter surface and a toilet. Each floor shall have kitchen facilities, to include a stove, refrigerator, a microwave oven, and counters. If individual showers are not provided, shared shower facilities shall be provided at a ratio of one per five units.

6. Parking. One space per each permanent staff member, one-half space per unit, plus guest parking at a ratio of one space per each two units.

7. Storage area. A minimum of 50 cubic feet of storage area per unit shall be provided.

8. Security lighting. Security lighting shall be provided to the satisfaction of the Police Department.

9. The following standards shall apply to development of a new SRO facility.

• C. Management and operations.

1. On-site security personnel and an on-site manager shall be present at the facility during all hours of operation.

2. Outdoor activities are limited to the hours of 8:00 a.m. to 9:00 p.m.

3. Loitering is prohibited.

4. A management plan shall be submitted for review and approval by the Director of Planning and Building prior to occupancy and shall address provisions for staff training, neighborhood outreach, security, screening of residents, training programs for residents, and loitering control.

• (Ord. No. 2251 § 7, 2013.)

36.350.265 Residential Uses—Employee Housing.

A. Applicability. Pursuant to California Health and Safety Code Section 17021.5, employee housing providing accommodations for six or fewer employees shall be allowed in all zoning districts in which single-family residences are allowed and shall be deemed a singlefamily structure and permitted in the same manner as other dwellings of the same type in the same zone. Employee housing for six or fewer employees shall not be considered a boarding house, rooming house, hotel, dormitory, or other term that implies that such employee housing differs from a single-family dwelling.

districts in which single-family residences are allowed and shall be deemed a singlefamily structure and permitted in the same manner as other dwellings of the same type in the same zone. Employee housing for six or fewer employees shall not be considered a boarding house, rooming house, hotel, dormitory, or other term that implies that such employee housing differs from a single-family dwelling.

B. Employee housing for six or fewer employees shall be subject to the same ordinances and standards applicable to a single-family residence except to the extent that any such ordinance or standard is preempted by the Employee Housing Act (California Health and Safety Code Section 17000, et seq.).

C. Employee housing shall be subject to all applicable requirements of the Employee Housing Act (California Health and Safety Code Section 17000, et seq.).

(Ord. No. 2381 § 6, 2023.)

Division 36.360. Nonconforming Uses, Structures, and Parcels

Sections:

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.