§ 36.410

A. Permit review procedures. This Division provides procedures for the final review, and approval or disapproval of the zoning approval applications established by this Zoning Code.

B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 5 (Subdivision Procedures).

C. Application filing and initial processing. Where applicable, the procedures of this Division are carried out after those described in Division 36.400 (Application Filing and Processing), for each application.

(Ord. No. 2108 § 1.)

A. Purpose of section. This section provides a procedure for issuing planning clearances, which are used to verify that a proposed structure or land use activity complies with the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel.

B. Applicability. Generally, any project requiring a building permit in compliance with the Uniform Building Code that will result in additional floor area requires a planning clearance to determine compliance with this Zoning Code. It is at this point that the Department staff advises the property owner, or applicant if not the property owner, of further approvals that may be needed. If no further approvals are needed, the project may then proceed to the building permit process.

1. Planning clearance required.

a. Specifically, a planning clearance shall be required for:

(1) The use of vacant nonresidential land or structures, which shall be filed at least 14 days before the date the use is to be commenced;

(2) A structure which is to be erected or remodeled, which shall be filed in conjunction with the companion Building Permit application; and:

i. Tree removals and trimming. Should a specific development project require the removal of trees, or the trimming of trees, no building permits shall be issued until the property owner, or applicant if not the property owner, obtains a permit pursuant to Chapter 34 SPMC (Trees and Shrubs).

ii. Penalty for tree violations. Pursuant to SPMC 34.16 (Violations) of Chapter 34 SPMC (Trees and Shrubs), it is unlawful for any person to remove or transplant any significant or mature heritage tree, a significant or mature native species tree, or a significant or mature oak tree from any property within the City unless a tree removal permit is first obtained from the City. It is unlawful for any person to trim or prune more than 20 percent of the live foliage or limbs of any significant or mature heritage tree located within the City within any 12-month period, or cause the same to be done, without first obtaining a tree trimming permit from the City. It is unlawful for any person to trim or prune more than 10 percent of the live foliage or limbs of any significant or mature oak or significant or mature native species tree located within the City within any 12-month period, or cause the same to be done, without first obtaining a tree trimming permit from the City. It is unlawful for any person to damage or cause to be damaged any significant or mature heritage tree, a significant or mature oak tree, or a significant or mature native species tree located within the City. It is unlawful for any person to remove any significant or mature tree or shrub from the parkway area between a sidewalk or private property line and street curb, without the written permission of the Public Works Director or designee.

se to be damaged any significant or mature heritage tree, a significant or mature oak tree, or a significant or mature native species tree located within the City. It is unlawful for any person to remove any significant or mature tree or shrub from the parkway area between a sidewalk or private property line and street curb, without the written permission of the Public Works Director or designee.

With respect to a violation of Chapter 34 SPMC (Trees and Shrubs), and pursuant to SPMC 34.17 (Penalties), if it appears that the violation is related to development or anticipated future development on the property and the violation warrants an additional penalty, the City Manager may also refer the violation to the Planning Commission for a public hearing. The burden of proof shall be on the City to demonstrate that there is clear and convincing evidence to a reasonable certainty that there is an intentional violation. The Planning Commission may then hold a public hearing. The Planning Commission, after considering all of the evidence, may impose the additional penalty of prohibiting the issuance of building or construction-related permits for a period of up to five years from the date of the violation for the property upon which the violation occurred.

iii. For purposes of this section, the prohibition period for issuance of building permits shall commence on the date the City had actual knowledge of the violation. The owner shall have the burden of proving an earlier commencement date, if entitlement to an earlier date is claimed.

iv. Notwithstanding the aforementioned penalty, building- or construction-related permits may be issued if in the opinion of the Director they are necessary for the preservation of public health, safety or welfare.

(3) A change of ownership or tenancy of an existing nonresidential structure or use, which shall be filed before reuse or reopening under the new ownership or business name.

b. Following the occurrence of a bona fide emergency (e.g., natural disaster, etc.), as determined by the Council, an Emergency Building Permit and Temporary Planning Clearance may be issued by the appropriate City departments with adequate security, provided in compliance with SPMC 36.420.030 (Performance Guarantees), in order to provide for an expeditious zoning approval review and reconstruction process.

c. No person shall occupy or use any newly constructed or altered structure, alter any structure, or change any use, or type or class of use, without first applying for and obtaining the required Planning Clearance.

2. Business License required. A Business License is required for all nonresidential (e.g., commercial office and retail, industrial, etc.) activities in compliance with Chapter 18 SPMC (Business, Professions and Trades).

C. Review authority. The Director may only issue the Planning Clearance after determining that the proposed project complies with all applicable standards and provisions for the category of use or the zoning district of the subject parcel, in full compliance with this Zoning Code and the Municipal Code.

D. Conflicting licenses and zoning approvals prohibited. All Departments, officials, or public employees vested with the authority or duty to issue licenses or zoning approvals where required by law shall conform to the provisions of this Zoning Code. A license or zoning approval for uses, structures, or purposes in conflict with the provisions of this Zoning Code shall not be issued. Any license or zoning approval issued in conflict with the provisions of this Zoning Code, shall be deemed void. (Ord. No. 2108 § 1; Ord. No. 2237 § 6, 2012; Ord. No. 2328 § 2, 2019; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Purpose. The requirements of this Section provide for the conduct of home occupations which are deemed incidental to, and compatible with surrounding residential uses.

B. Applicability. The home occupations identified in Subsection B.1 are allowed; those identified in Subsection B.2 are prohibited.

1. Allowed home occupations. The following are deemed appropriate business activities when conducted by the occupants of a dwelling (non-resident employees may be allowed in compliance with Section 36.410.030.C.9) in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. Allowable home occupations shall be limited to the following activities:

a. Art, music, and similar fine-art related lessons, and academic tutoring, which do not generate more than six additional vehicle trips to the dwelling each day;

b. Art and craft work (ceramics, painting, photography, sculpture, etc.);

c. Office/information uses that involve the use of a computer, telephone, and other electronic equipment;

d. Sewing (e.g., dressmaking, millinery) and small handcrafts;

e. Other uses the Director deems to be of the same general character as those listed above, and not detrimental to the applicable residential zoning district and surrounding neighborhood.

2. Prohibited home occupations. The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

a. Adult business activities or businesses;

• b. Barber or beauty shop;

• c. Businesses that involving the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

• d. Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation);

• e. Dance club or night club;

• f. Fortune telling (psychic);

• g. Manufacturing and/or assembly;

• h. Massage parlor;

• i. Medical and dental offices, clinics, and laboratories;

• j. Personal self-storage (mini storage);

• k. Plant nursery;

• l. Retail sales (e.g., stock on hand and customers coming to the home are NOT allowed);

m. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit “mobile” minor repair or detailing at the customer’s location);

• n. Welding and machining; and

o. Other similar uses determined by the Director not to be incidental to or compatible with residential activities.

C. Operating standards. Home occupations are an accessory use to the primary residential use of the site, and shall comply with all of the following operating standards.

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence, shall not alter the appearance of the dwelling, and shall not generate pedestrian or vehicular traffic beyond what is typically experienced in a residential neighborhood, except for the activities identified in Subsection B.1.a, above.

2. Location of home occupation activities. All home occupation activities shall occur entirely within a dwelling or other enclosed structure. The garage shall not be used for home occupation activities unless it can be demonstrated that the required parking is available for the residential use of the site.

3. Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity or storage of materials be visible from the adjoining public right-of-way, or from neighboring residential properties.

4. Display or sales. Outdoor display, visible from the adjoining public rights-of-way or neighboring residential properties, indoor or outdoor sales, or storage of construction materials (except for use for on-site construction subject to a valid Building Permit) shall not be allowed on the premises.

5. Advertising. Advertising signs on or off the site shall not be allowed.

6. Parking. The use shall not impact the on-street parking in the neighborhood.

7. Safety, occupancy classification. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the South Pasadena Fire Department.

8. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances, nor any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Director.

9. Employees. A home occupation shall have no employees working on or visiting the site of the home occupation other than full-time residents of the dwelling.

10. Deliveries. The frequency of deliveries shall not exceed that normally and reasonably occurring for a residence, including the types of vehicles.

11. Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles, or a up to a one-ton pickup truck or commercial vehicle.

12. Equipment. The use of power equipment not normally associated with a residence shall not be allowed as part of a home occupation, nor shall any other mechanical equipment be allowed, except where determined by the Director to be substantially similar to that used for normal household or hobby purposes.

13. Utility services modifications. The home occupation use shall not have utility services modifications, other than those required for normal residential use, that would be classed as commercial or industrial in load or design.

D. Application filing and processing. The application shall be filed with the Department in compliance with Division 36.400 (Application Filing and Processing). A Home Occupation Permit may be issued by the Director.

E. Review authority. The Director may only issue a Home Occupation Permit that would be operated in full compliance with Section 36.410.030.C (Operating standards), above.

F. Conditions of approval. In issuing a Home Occupation Permit, the Director may impose conditions deemed reasonable and necessary to preserve the public health, safety, and general welfare.

(Ord. No. 2108 § 1.)

A. Purpose. This section establishes procedures for the City review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this section are to:

1. Recognize the interdependence of land values and aesthetics and encourage the varied, yet orderly and harmonious appearance of:

a. Most publicly perceived structures and property within South Pasadena; and

b. Associated facilities (e.g., landscaping, open space areas, parking, and signs);

2. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3. Better protect the increasing values, standards, and importance of land and development in the community;

4. Retain and strengthen the visual quality of the community;

5. Assist project developers in understanding the public concerns for the aesthetics of development;

6. Ensure that development complies with all applicable City standards and design guidelines, and does not result in an adverse affect on the City aesthetics, architectural, health, and safety-related qualities of adjoining properties or upon the City in general; and

7. Foster attainment of the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan by preserving the particular character and unique assets of South Pasadena.

B. Applicability.

1. Required review. The exterior impacts of all projects within the following categories are subject to Design Review:

a. Residential development. Any single-family and multifamily residential project that requires a Building Permit for any exterior construction or modification.

b. Commercial and industrial development. Any project involving the construction of, or exterior change to, any structure, landscaping, or permanent signs on a parcel or lot zoned commercial and/or industrial.

2. Exemption from review. All projects within the following categories shall be exempt from the provisions of this section:

a. All construction, work, or labor on structures or for replacement or repair, which uses the same materials and colors and which does not alter the design of the structure, including re-roofing of like-for-like material and where no structural modifications are required;

b. Emergency shelters;

c. Single-room occupancy;

d. Accessory dwelling units.

C. Application filing and processing.

1. Submittal requirements. Application for consideration of Design Review shall be made to the Director on the application form provided by Planning Division, shall be accompanied by the required filing fee, and shall include such information and documents required in the Design Review Submittal Checklist form provided by the Director.

2. Retention of materials. All application materials shall be retained by the City to ensure full compliance with all formal Design Review decisions.

D. Design Review Authority.

1. Planning Commission review. The Planning Commission shall be responsible for the Design Review of the following developments:

a. As identified in subsection (B) (Applicability) of this section, all developments which require a Hillside Development Permit, a Conditional Use Permit, a Variance, a Planned Development Permit, or any combination thereof;

b. Mixed-use or Multifamily developments that are not subject to ministerial review (subsection (D)(4) of this section);

c. For commercial and industrial structures: additions of more than 3,000 square feet to existing structures, or any new structure of more than 3,000 square feet;

d. New single-family structures;

e. Any other application in which the Planning Commission is identified in the Zoning Code as the Review Authority for design review.

2. Planning Commission Chair Review. The Planning Commission Chair (“Chair”) or a Planning Commissioner delegated by the Chair who is a state-registered architect or retired from that status shall be responsible for Design Review of the developments listed below. The Chair shall form a review committee with a City planner(s) appointed by the Director to review the project design. The committee shall decide on the project’s approval without a public hearing.

a. For commercial and industrial structures: additions to existing structures or any new structure between 500 and 3,000 square feet in floor area; exterior modifications that would result in a change of architectural style of the building.

b. For residential structures:

(1) Exterior modifications to existing structures that propose to substantially change the architectural style of the structure through changes in materials including, but not limited to, new siding type, windows, roofing, front porch posts and balcony railings and other features characteristic of an architectural style that the existing structure does not reflect.

(2) Additions of more than 500 square feet in area, or more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space. Developments that require a Minor Hillside Development Permit with more than 500 square feet in area.

(3) Freestanding/monument signs in excess of three feet in height (see SPMC 36.320.080).

(4) Two-story ADUs in front of the primary dwelling (see SPMC 36.350.200(E)(1)(d)).

3. Community Development Director. The Director shall be responsible for Design Review of the developments listed below. This review shall be conducted without a public hearing.

a. Developments that are not reviewed by the Planning Commission, Planning Commission Chair, or subject to the Cultural Heritage Ordinance (Chapter 2 SPMC), including the following projects:

(1) For commercial and industrial structures: exterior modifications, and new structures or additions to existing structures with no more than 500 square feet of additional floor area that would not change the architectural style of the structure. Exterior modifications include, but are not limited to, new siding materials, windows, and new roofing materials.

(2) For residential structures:

i. Exterior modifications to existing structures that would not result in a change of architectural style of the structure. Exterior modifications include, but are not limited to, new siding materials, windows, and new roofing materials.

ii. Additions of no more than 500 square feet in area, or no more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space that is not visible to the street or not above the first floor.

b. Modifications to existing graded and/or improved outdoor areas on a property subject to Division 36.340 (Hillside Protection), such as installation of an in-ground swimming pool, spa, patio covers, accessory structures less than 500 square feet, and similar features not visible to the street.

4. Ministerial review of qualifying residential projects. The Director shall develop an application for ministerial approvals of qualifying residential projects pursuant to the requirements of State law, as well as procedures for processing applications for the ministerial approvals. The procedures may include a limited design review process and applicable standards. However, any limited design review process shall not constitute a “project” for purposes of the California Environmental Quality Act. “Qualifying residential projects” are either:

a. Residential or mixed-use projects located on a site included in either Table VI-52 or Table VI-53 of the Adopted 2021-2029 Housing Element with at least 20 percent of the residential units reserved for lower income households; or

b. Residential or mixed-use projects that are subject to the inclusionary housing requirements of SPMC 36.375.

Qualifying residential projects pursuant to criterion in subsection (D)(4)(a) of this section shall also qualify for priority processing as compared to other projects processed by the Community Development Department, and shall be exempt from and not subject to the Public Art Program and Public Art Development requirements of SPMC 36.390 and 36.395. Eligible residential projects may include units for rent, for sale, or a combination of both. In the case of an eligible residential project with for-sale units, the Community Development Director shall be the review authority for any Tentative Map required by the project, in accordance with State law.

ct to the Public Art Program and Public Art Development requirements of SPMC 36.390 and 36.395. Eligible residential projects may include units for rent, for sale, or a combination of both. In the case of an eligible residential project with for-sale units, the Community Development Director shall be the review authority for any Tentative Map required by the project, in accordance with State law.

E. Preliminary Review. Applicants are encouraged to consult with the City planning staff as early as possible in the formulation of a schematic design. At the City’s discretion, a preliminary review may be required to determine the level of information to be required from the applicant for Design Review. No final or binding decisions shall result at the preliminary review stage.

F. Scheduling of design review.

1. Once an application that requires the Commission’s review is deemed complete, the Director shall schedule the application for hearing at the earliest available date following the required public notice period, concurrently, if applicable, with any other zoning applications that may be required.

2. Applications that require review by the Chair or Director shall be forwarded to the Chair or Director, as applicable, once the application is deemed complete. The Chair or Director shall review the application and render a decision within 60 days of receipt. During the 60-day review period (“review period”), the applicant shall make a good faith effort to be responsive to any requests from the Chair or Director and there shall be no more than three rounds of requests or questions during the review period. If applicable, the applicant shall have 15 days to respond to the first request, 10 days to respond to the second request and five days to respond to the third request. The Chair or Director review is considered administratively without conducting a public hearing or providing public notice prior to taking action.

G. Public notice. Public notice for Commission Design Review hearings shall be in accordance with SPMC 36.630.020.

H. Design Review action. The following actions may be taken relating to any application in compliance with this section:

1. Approval or disapproval. The Review Authority may approve or disapprove an application. Application approval may be subject to conditions as may be deemed reasonable and necessary to ensure that the findings required by subsection (I) (Required findings) of this section and all City development standards are met. Notice of any decision made without a public hearing shall be provided in writing to the applicant and anyone who has requested to be notified within five business days.

2. Continuance. The Review Authority may continue consideration of an application for a period of time not to exceed 90 days. The Director may extend this period to a total of 120 days, if the applicant has made material progress and can show good cause for the extension.

I. Required findings. In order to approve a Design Review application, the Review Authority shall first find that the design and layout of the proposed development:

1. Is consistent with the General Plan, any adopted design guidelines and any applicable design criteria for specialized areas (e.g., designated historic or other special districts, plan developments, or specific plans);

2. Will adequately accommodate the functions and activities proposed for the site, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create adverse pedestrian or traffic hazards;

3. Is compatible with the existing character of the surrounding neighborhood and that all reasonable design efforts have been made to maintain the attractive, harmonious, and orderly development contemplated by this section and the General Plan; and

4. Would provide a desirable environment for its occupants and neighbors, and is aesthetically of good composition, materials, and texture that would remain aesthetically appealing with a reasonable level of maintenance and upkeep.

J. Appeal of a Review Authority action. A decision of the Review Authority may be appealed within 15 days of the decision, in compliance with Division 36.610 (Appeals).

K. Effect of Review Authority action.

1. No final inspection or Occupancy Permit shall be granted unless the completed work fully complies with the plans approved and the conditions required by the Review Authority.

2. The materials and design shall be in compliance with the approved plans and shall be so maintained, unless otherwise approved by the Review Authority.

L. Amendments. The Review Authority may amend the terms and/or conditions originally approved by the Review Authority upon the written request of the applicant. If the original approval required a public hearing, the Review Authority shall consider the request at a duly noticed meeting held in compliance with this section.

M. Expiration. The time limits and extensions set forth in SPMC 36.420.040 (Time Limits and Extensions) shall apply to this section.

N. Enforcement. Failure to comply with an approval granted by the Review Authority is a violation of this Zoning Code in compliance with Division 36.640 (Enforcement). An approval may be revoked or modified in compliance with SPMC 36.640.070 (Zoning Approval Revocation or Modification).

(Ord. No. 2108 § 1; Ord. No. 2183 § 19, 2009; Ord. No. 2185 § 2, 2009; Ord. No. 2246 § 6, 2013; Ord. No. 2251 § 9, 2013; Ord. No. 2253 § 5, 2013; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2379 § 5 (Exh. A), 2023; Ord. No. 2388 § 9, 2024; Ord. No. 2394 § 4 (Exh. A), 2025; Ord. No. 2412 § 4 (Exh. A), 2026.)

A. Purpose. This Section establishes procedures for issuing Temporary Use Permits that allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B. Applicability. Temporary events or uses shall not be established, operated, or conducted in any manner without the issuance and maintenance of a valid Temporary Use Permit in compliance with this Section. The temporary events and uses identified in Subsection B.1 are allowed; those identified in Subsection B.2 are exempt.

1. Allowed temporary events and uses. The following temporary events and uses may be allowed, subject to the issuance of a Temporary Use Permit by the Director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and zoning approval review provisions that otherwise apply to the subject property.

a. Events at a Bed and Breakfast Inn (B&B). Temporary events (e.g., private parties, receptions, and other similar social activities) when conducted at a B&B within a residential zoning district, in compliance with Section 36.350.070.

b. Parking lot sales. The temporary outdoor display and sales of merchandise located within a parking lot, in compliance with Section 36.350.140 (Outdoor Display and Retail Activities) shall be allowed only in compliance with the following:

• (1) These activities shall be limited to two events in a 12-month period (sales on three consecutive days are considered one event).

(2) Before conducting the event, all businesses sharing the parking lot shall consent to the event in writing, with copies presented to the Director.

• (3) Only businesses immediately adjacent to a particular parking lot may utilize that lot for the sale.

• (4) The hours of the event shall be the same as those allowed for the participating businesses.

• (5) A maximum of 25 percent of the existing parking spaces in a particular parking lot may be utilized for the sale.

• (6) The merchandise displayed shall:

• (a) Be regularly sold on the same site;

• (b) Be removed from the parking lot at the close of each business day; and

• (c) Not impede the flow of pedestrian and vehicular traffic through the parking lot.

(7) All parking lot entrances and exits shall be kept clear.

(8) Any activity proposed within a public right-of-way shall require an Encroachment Permit from the Public Works Department.

(9) Any activity involving a temporary street closure shall require a Street Closure Permit from the Public Works Department, and compliance with all applicable requirements.

c. Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during project construction. The permit may be issued for a specified duration, or upon expiration of the Building Permit, whichever first occurs.

d. Sidewalk sales. The temporary outdoor display and sales of merchandise located on a sidewalk or pedestrian right-of-way, in compliance with Section 36.350.140 (Outdoor Display and Retail Activities) shall:

(1) Be allowed only on weekends or on legal holidays;

(2) Be limited to two events in a 12-month period (sales on three consecutive days are considered one event);

(3) Be located immediately adjacent to the structure;

(4) Require an Encroachment Permit from the Public Works Department, if located within a public right-of-way; and

(5) Require a Street Closure Permit from the Public Works Department, and compliance with all applicable requirements, for any activity involving a temporary street closure.

e. Special events.

(1) Amusement rides, arts and crafts exhibits, auctions, car washes, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment or sporting events, rodeos, rummage sales, second hand sales, and swap meets for 10 consecutive days or less, 12 one-day weekends, or six two-day weekends, within a 12-month period.

(2) Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a 90-day period.

(3) The above listed events that are conducted as fund-raising activities (e.g., car washes) may only be sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

f. Temporary model homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The permit may be issued for a maximum time period of 18 months.

g. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved project, solely for the first sale of homes. The permit may be issued for a maximum time period of 18 months.

h. Temporary structures. A permit for a temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be issued for a maximum time period of 12 months, as an accessory use or as the first phase of a project, in the commercial and Business Park zoning districts, and within specific plan areas. Additionally, a manufactured or mobile unit may be used as a temporary work site for employees of a business:

(1) During construction of a project when a valid Building Permit is in force. The Temporary Use Permit for the temporary work trailers shall expire upon the expiration of the companion Building Permit authorizing the construction project, and

(2) Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

i. Similar temporary uses. Similar temporary uses, which in the opinion of the Director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

j. Mobile food vending.

(1) For the purposes of this Section, “mobile food vendor” and “vending vehicle” shall have the same meanings as defined by Chapter 19.49-1(b) of the South Pasadena Municipal Code. A mobile food vendor is not a “caterer.” Catering is defined by the Zoning Code as a business that prepares food for serving on the premises of a client. A mobile food vendor is a business that prepares food for individual sale to the general public.

(2) Standards for mobile food vending. A temporary use permit, which the Director may issue for a single event with a duration of more than one day, shall be issued to a mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event, only if the Director determines that the following standards or requirements have been met:

(A) A mobile food vendor or a group of mobile food vendors that are part of a mobile food vending event may not operate for more than 12 days within a 90-day period on any single property within the nonresidential zones.

(B) If located within a parking lot, written permission of the property owner is required. For the purposes of this section, a single “event” includes the number of days for which one Temporary Use Permit allows mobile food vending at the subject site.

(C) Vending vehicles, including those operated at events on public school property, shall maintain a valid Los Angeles County Department of Health permit and a valid City business license.

(D) Maintenance of clearly designated noncombustible waste receptacles in the immediate vicinity of the food truck sales which will reasonably accommodate the immediate waste needs, of the mobile food vendor’s patrons, which are generated by the mobile food vendor’s sales.

(E) If a mobile food vendor operates and/or parks for more than one hour at the location, provision of a letter or other written documentation verifying that employees and customers of the mobile food vendor have permission to use a readily available toilet and handwashing facility that is located within 200 feet travel distance from the location where the vending vehicle is engaged in operations and/or is parked, and otherwise the mobile food vendor complies with the California Health Code standards.

(F) Necessary plans or other required documents have been submitted and found to be satisfactory to the Director, and contain at least the following information:

(a) Proposed vehicle and pedestrian circulation at the site for both the temporary vending vehicle use and existing uses;

(b) Proposed parking plan for the vending vehicle(s);

• (c) Proposed lighting plan; and

• (d) Noise mitigation plan.

(G) In approving a Temporary Use Permit for a vending vehicle, the Director shall first make the finding that the proposed vending vehicle sales will not be located, operated or maintained in a manner that impedes vehicular and pedestrian circulation at the proposed site.

2. Exempt temporary uses. The following minor and limited duration temporary events and uses are exempt from the requirement for a Temporary Use Permit. Events and uses that do not fall within the categories defined below shall comply with Subsection B.1 (Allowed temporary events and uses), above.

a. Car washes for fund raising. Car washes, limited to a maximum of two days each month for each sponsoring organization, on nonresidential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

b. Construction yards—On-site. On-site contractors’ construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.

c. Emergency facilities. Emergency public health and safety needs and land use activities.

d. Garage sales. Garage sales are exempt from the requirement for a Temporary Use Permit provided that sales occur no more often than two times per year per residence, for a maximum of two consecutive days each.

C. Application filing and processing. An application for a Temporary Use Permit shall be filed with the Department and processed as follows.

1. Application contents. The application shall be made on forms furnished by the Department, and shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications.

2. Time for filing. An application for a Temporary Use Permit shall be submitted before the establishment or operation of the proposed event or use as follows:

a. Nonresidential zoning districts. For events or uses proposed within nonresidential zoning districts: at least 15 days before the date that the proposed event or use is scheduled to take place; and

b. Residential zoning districts. For events or uses proposed within residential zoning districts: at least 30 days before the date that the proposed event or use is scheduled to take place.

D. Review authority. The Director may only issue a Temporary Use Permit that would be conducted in full compliance with Subsections E. and F., below.

E. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the

appropriate development standards for temporary events and uses.

1. Adjustment of standards. The Director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the event or use.

2. Removal of materials and structures associated with the temporary event or use. All materials and structures associated with the temporary event or use shall be removed within three days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

3. 30-day interval before new permit. A minimum of 30 days shall pass between the issuance of a new Temporary Use Permit and the expiration of a similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former event or use, whichever last occurs.

4. Other approvals required. Temporary events or uses may be subject to additional licenses, inspections, or approvals required by applicable local, State, or Federal requirements.

F. Development and operational requirements. In issuing a Temporary Use Permit, the Director may impose requirements deemed reasonable and necessary to preserve the public health, safety, and general welfare.

G. Condition of site following temporary event or use. Each site occupied by a temporary event or use shall be cleaned of debris, litter, or any other evidence of the temporary event or use upon completion or removal of the event or use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Director may require appropriate security before initiation of the event or use to ensure proper cleanup after the use is finished.

(Ord. No. 2108 § 1; Ord. No. 2250 § 3, 2013)

A. Purpose. Conditional Use Permits and Administrative Use Permits are intended to allow for activities whose effect on a site and its surroundings can only be determined after the review of the configuration, design, location, and potential impacts of the proposed use and the suitability of the use to the site.

B. Applicability. A Conditional Use Permit or Administrative Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit or Administrative Use Permit.

C. Application filing and processing. An application for a Conditional Use Permit or Administrative Use Permit shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing).

D. Review authority.

1. Planning Commission. The Commission may grant a Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit.

2. Director. The Director may grant an Administrative Use Permit for any use listed in Article 2 as requiring an Administrative Use Permit, or may choose to instead refer the matter to the Commission for review, hearing, and decision.

E. Project review, notice, and hearing.

1. Project review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this section. The Director shall submit a staff report and recommendation on Conditional Use Permit applications to the Commission for their consideration.

2. Concurrent review. An Administrative Use Permit for a project that requires Commission review and discretionary approval requiring a public hearing shall be considered by the Commission concurrently with the discretionary zoning approval.

3. Notice and hearing.

a. Conditional Use Permits. The Commission shall conduct a public hearing in compliance with Division 36.630 (Public Hearings) on an application for a Conditional Use Permit. Notice of the public hearing shall be provided in compliance with Division 36.630.

b. Administrative Use Permits. A public hearing shall not be required for the approval of an Administrative Use Permit if the Director follows the procedure in this subsection and receives no request for a public hearing. If a public hearing is requested, the Director shall conduct a public hearing and provide notice of the public hearing in compliance with Division 36.630 (Public Hearings).

(1) Posted Notice Required. Public notice of a requested Administrative Use Permit shall be provided by posting at the project site of the requested Administrative Use Permit, with a minimum 11-inch by 17-inch legal notice, containing the information required by the Director. The notice shall be continuously posted for 10 days before the Director’s action. The applicant shall be responsible for posting

sted Notice Required. Public notice of a requested Administrative Use Permit shall be provided by posting at the project site of the requested Administrative Use Permit, with a minimum 11-inch by 17-inch legal notice, containing the information required by the Director. The notice shall be continuously posted for 10 days before the Director’s action. The applicant shall be responsible for posting

the notice, ensuring the notice will be on the project site for all 10 days, and shall provide a photograph of the posting with a signed declaration under penalty of perjury confirming posting of the notice to the Director.

(2) Notice distribution. A notice shall be mailed or delivered, at least 10 days before the Director’s scheduled action date, through the United States mail with postage prepaid, to:

i. The owners of the property being considered or the owner’s agent, and the applicants;

ii. Each local agency expected to provide water, sanitation, utility, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

iii. All owners of real property as shown on the County’s latest equalized assessment roll and all legal occupants located within a 300foot radius of the subject parcel. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of neighboring parcels within the 300-foot radius, without reference to structures existing on the parcels.

iv. Any person who has filed a written request for notice with the Director.

(3) Notice to property owners and occupants. All required notices shall be provided at the sole cost of the applicant subject to the City Council’s approved fee schedule. The above-referenced notice shall containing the following:

i. Application information. The name of the applicant; the City’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the notice;

ii. Action. A brief description of the action to be taken by the Director, the date of the scheduled action, and information for method of requesting a public hearing prior to the scheduled action date. The notice shall state that the Director will take action on the requested Administrative Use Permit if no public hearing request is received within 10 calendar days from the postage date on the notice. The notice shall include the phone number and street address of the Department where an interested person could call or visit to obtain additional information;

iii. Environmental Review. A statement explaining compliance with California Environmental Quality Act.

F. Findings and decision. The Commission or Director, as applicable, may approve, conditionally approve, or disapprove an application for a Conditional Use Permit or Administrative Use Permit, and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first making all of the following findings, and any additional findings required for the approval of specific land uses by Division 36.350 (Standards for Specific Land Uses).

1. The proposed use is allowed with Conditional Use Permit or Administrative Use Permit approval within the applicable zoning district and complies with all applicable provisions of this Zoning Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

4. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;

5. The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use; and

6. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, impacts on neighboring properties.

G. Conditions of approval. In approving a Conditional Use Permit or Administrative Use Permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (F) (Findings and decision) of this section and to preserve the public health, safety, and general welfare.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Purpose. Hillside Development Permits provide a review process for the City to consider the appropriateness of proposed development on hillside parcels, to ensure that proposed projects minimize their visual and environmental impacts.

B. Applicability.

1. A Hillside Development Permit is required to authorize any proposed construction of new primary dwelling unit that is subject to the requirements of Division 36.340 (Hillside Protection).

2. A Minor Hillside Development Permit is required to authorize any other proposed development that is subject to the requirements of Division 36.340 (Hillside Protection).

C. Application filing and processing.

1. A Preliminary Review application under SPMC 36.410.040(E) (Preliminary Review) and an application under Division 36.400 (Application Filing and Processing) are required for a Hillside Development Permit or Minor Hillside Development Permit.

D. Review authority.

1. Hillside Development Permits may be approved or disapproved by the Planning Commission.

2. Minor Hillside Development Permits may be approved or disapproved by the Planning Commission Chair or by the Director in accordance with SPMC 36.410.040.

• E. Project review, notice, and hearing.

1. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this section. The Director shall submit a staff report and recommendation to the Commission for their consideration of a Hillside Development Permit.

2. The Commission shall conduct a public hearing on an application for a Hillside Development Permit prior to the approval or disapproval of the permit.

3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Division 36.630 (Public Hearings).

F. Findings and decision. The review authority may approve the permit only after first finding that:

1. The proposed use complies with the requirements of Division 36.340 (Hillside Protection) and all other applicable provisions of this Zoning Code.

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

4. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

5. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection.

G. Conditions of approval. In approving a Hillside Development Permit or Minor Hillside Development Permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (F) of this section, and to preserve the public health, safety, and general welfare.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Purpose. The provisions of this Section allow for an Administrative Modification of several specified development standards of this Zoning Code.

1. Special privileges prohibited.

a. An Administrative Modification may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district, or creates an unnecessary and involuntarily created hardship, or unreasonable regulation which makes it impractical to require compliance with the development standards.

b. An Administrative Modification shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety, or welfare.

2. Does not extend to uses. The power to grant Administrative Modifications does not extend to allowable land uses.

B. Applicability. The use of an Administrative Modification shall be limited to the following circumstances. An Administrative Modification shall not allow a use of land not otherwise allowed by the applicable zoning district.

1. Applicability limited to specified development standards. An application for an Administrative Modification shall be considered by the Director for only the development standards identified in Table 4-2.

2. One-time use limitation. An Administrative Modification may be granted only once for a specific type of request in a specific location on a structure for a single street address within the City.

3. Use for hillside properties prohibited. An Administrative Modification shall not be granted for any property subject to the hillside development standards of Division 36.340 (Hillside Protection).

TABLE 4-2. ALLOWABLE ADMINISTRATIVE MODIFICATIONS

C. Application filing and processing. An application for an Administrative Modification shall be filed in compliance with Division 36.400 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Administrative Modification applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.

D. Review authority. The Director may grant Administrative Modifications, or may defer action and refer the application to the Commission, in compliance with State law (Government Code Section 65901).

E. Notice and hearing not required. A public hearing shall not be required for the Director’s decision on an Administrative Modification.

F. Findings and decision. The Director shall record the decision in writing with the findings on which the decision is based. The Director may approve an Administrative Modification application, with or without conditions, only after first finding that:

1. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district;

2. The subject property is physically suitable to accommodate the improvements granted by the Administrative Modification; and

3. The Administrative Modification is consistent with the General Plan and any applicable specific plan and the general purposes and intent of this Section, including the requirements of the applicable zoning district.

G. Conditions of approval. In approving an Administrative Modification, the Director may impose conditions deemed reasonable and necessary to ensure:

1. Compliance with the purposes of this Section, consistency with the General Plan and any applicable specific plan;

2. That the Administrative Modification does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3. Compliance with the findings required by subsection (F) (Findings and decision) of this section; and

4. The protection of the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

H. Notice of decision. Notice of the Director’s decision on an Administrative Modification shall be mailed to the applicant and to the Commission. If the decision is to approve the Administrative Modification, notice of the Director’s decision shall also be mailed to the owners of property within a 300-foot radius of the subject property.

I. Appeal. A decision on an Administrative Modification may be appealed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1; Ord. No. 2391 §§ 3, 4, 2024; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

B. Applicability. The Commission may grant a Variance from the requirements of this Zoning Code governing any development standard, provided all Variances shall comply with the limitations established by the City of South Pasadena 1983 initiative.[1] A Variance shall not allow a use of land not otherwise allowed by the applicable zoning district.

C. Application filing and processing. An application for a Variance shall be filed in compliance with Division 36.400 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.

D. Review authority. The Commission may grant Variances in compliance with this Section.

E. Notice and hearings required. A public hearing shall be scheduled once the Director has determined the application complete. Noticing of the public hearing shall be given in compliance with Division 36.630 (Public Hearings).

F. Findings and decision. The Commission shall record the decision in writing with the findings on which the decision is based. Following a public hearing, the Commission may approve a Variance application, with or without conditions, only after first finding that:

1. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district, or creates an unnecessary and involuntarily created hardship, or unreasonable regulation which makes it impractical to require compliance with the development standards;

2. Granting the Variance would:

a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;

b. Be consistent with the General Plan and any applicable specific plan, and the limitations established by the 1983 initiative[1] ;

c. Not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and

d. Not be materially detrimental to the public convenience, health, interest, safety, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

3. The proposed project would be compatible with the existing aesthetics, character, and scale of the surrounding neighborhood, and considers impacts on neighboring properties.

G. Conditions of approval. In approving a Variance, the Commission may impose conditions deemed reasonable and necessary to ensure:

1. Compliance with the purposes of this Section, consistency with the General Plan and any applicable specific plan, and the limitations established by the City of South Pasadena 1983 initiative[1] ;

2. That the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3. Compliance with the findings required by Subsection F. (Findings and decision), above; and

4. The protection of the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

• (Ord. No. 2108 § 1; Ord. No. 2391 §§ 3, 4, 2024.)

1 The 1983 City of South Pasadena initiative was repealed as it relates to building height by Ballot Measure SP adopted by the voters on November 5, 2024.

A. Purpose. This section provides a process for the discretionary review of proposed parking facilities that are not located on the same site as the land uses they serve, to ensure compliance with basic health, safety, and community welfare standards, while providing opportunities for suitable alternatives to on-site parking.

B. Applicability. A Parking Use Permit shall be required to authorize:

1. The use of off-site parking facilities to satisfy the parking requirements for a proposed use established by Division 36.310 (Parking and Loading);

2. A commercial parking facility serving the general public which charges a parking fee;

3. The sharing of parking facilities by adjacent or nearby uses on parcels under separate ownership; and

4. The use of parking by off-site uses or activities, or as commercial parking. (Applications for off-site parking may require some or all application requirements found in SPMC 36.310.060(C)).

C. Application filing and processing. An application for a Parking Use Permit shall be prepared, filed, and processed in compliance with Division 36.400 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection G. (Findings and decision), below.

D. Review authority.

1. Director. The Director shall review a Parking Use Permit where:

a. The use associated with the proposed parking requires Director review and decision in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

b. An applicant proposes to make excess parking spaces available to others.

2. Commission. The Commission shall review a Parking Use Permit where the use associated with the proposed parking requires Commission review and discretionary approval in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

E. Posted notice required. Public notice of a requested Parking Use Permit shall be provided by posting both the location of the proposed parking, and the site of the use that will utilize the parking, with a minimum 11- by 17-inch legal notice, containing the information required by the Director. The notice shall be continuously posted for seven days before the Director’s action. In the case of a Parking Use Permit for a project that requires Commission review and discretionary approval, the notice shall be combined with that required by Division 36.630 (Public Hearings) for the discretionary permit.

F. Public hearing. A public hearing shall not be required before the approval of a Minor Parking Use Permit. A Parking Use Permit for a project that requires Commission review and discretionary approval requiring a public hearing shall be considered by the Commission concurrently with the discretionary zoning approval.

G. Findings and decision. The review authority may approve or modify a Parking Use Permit application in whole or in part, with or without conditions, only after first finding that:

1. The proposed off-site parking is allowed within the applicable zoning district and complies with the intent of all of the applicable provisions of this Zoning Code;

2. The proposed off-site parking spaces would be consistent with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan; and

3. In the case of a proposed use of excess parking, the number of excess spaces is validated, the spaces are not likely to be needed by the primary use of the site, and the use of the excess spaces by others will not adversely affect nearby residents or properties.

H. Conditions of approval. In approving a Parking Use Permit, the review authority may impose reasonable and necessary specific developmental, locational, and operational conditions relating to both on- and off-site improvements, and facility operation, which are intended to ensure that:

1. Access to the site is adequate to accommodate the proposed off-site parking and the traffic that the facility would reasonably generate;

2. The design, location, size, and operating characteristics of the proposed off-site parking are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

3. The establishment, maintenance, or operation of the proposed parking at the location proposed does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed parking lot or structure;

4. Where the off-site parking spaces are new, and in close proximity to residential uses, and especially bedroom windows, they are designed and operated to comply with the City’s noise standards of the General Plan, and with proper consideration for headlight impacts in compliance with SPMC 36.300.090 (Outdoor Lighting).

I. Off-site parking standards. Design, location, and operating standards for off-site parking facilities shall be provided in compliance with Division 36.310 (Parking and Loading).

J. Terms of off-site parking.

1. Guarantee of continued availability. Required parking spaces that are approved off-site shall be committed by a recordable covenant, lease, bond, or other agreement, acceptable to the City Attorney, between the owners, and if applicable, the lessees of the offsite parking spaces and the owners, and if applicable, the lessees of the subject site, with covenants reflecting the conditions of approval and the approved off-site parking plan. A bond may be posted in place of a covenant when approved by the applicable review authority.

2. Proof of availability. Lessees of off-site parking that provides required spaces shall provide proof to the Director of continuous leases for the off-site spaces annually by January 31.

3. Loss of off-site spaces.

a. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the requirements of Division 36.310 (Parking and Loading) shall immediately notify the Director of any change of ownership or use of the property for which the spaces are required, and of any termination, default, or amendment of the agreement between the parties.

b. Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur:

• (1) Substitute parking is leased that is acceptable to the Director; or

(2) The size or capacity of the use is reduced in proportion to the parking spaces lost.

4. Parking fee reimbursement. The business operator may be required to reimburse patrons for the total cost of the parking fee for the use of a shared parking facility. The amount of the reimbursement shall be determined by the review authority at the time a Parking Use Permit is approved.

K. Post approval procedures.

1. Expiration and extension. To ensure continued compliance with the provisions of this section, each approved Parking Use Permit shall expire 12 months from the effective date of approval, unless otherwise specified in the permit, if the use has not been established. Time extensions may be granted in compliance with SPMC 36.420.040.

2. Revocation. A Parking Use Permit may be suspended, with a 24-hour notice, while proceeding with revocation or modification procedures in compliance with SPMC 36.640.070 (Zoning Approval Revocation and Modification).

(Ord. No. 2108 § 1; Ord. No. 2257 § 7, 2013; Ord. No. 2297 § 4, 2016.)

A. Purpose. Planned Development Permits provide for flexibility in the application of Zoning Code standards to proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Code standards would produce without adjustment. The City expects all Planned Projects to be of higher quality than would be achieved through conventional design practices and standards.

B. Applicability.

1. When allowed. Planned Development Permit approval may be requested for an affordable housing, mixed use, or senior housing project; and shall be processed, and approved or denied, concurrently with any Conditional Use Permit required for the project.

2. General Plan compliance. The preparation, review, and approval of a Planned Development Permit shall require strict compliance with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan.

3. Scope of approval.

a. Planned Development Permit approval may adjust or modify, where necessary and justifiable, any applicable development standard of this Zoning Code (e.g., floor area ratio, building height, setbacks, parking, street layout, etc.), provided that the approval shall not authorize a land use that is not allowed in the primary zoning district by Article 2.

b. A project proposing increased residential density may only be approved by the Council in compliance with Division 36.370 (Affordable Housing Incentives).

C. Application filing and processing. A Planned Development Permit application shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing), and the following requirements.

1. Application contents. The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications.

2. Department review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the proposed project is consistent with the intent of this Section. The Director shall prepare a report and recommendation on the project to the Commission for their consideration.

3. Public hearing. The Commission shall conduct a public hearing in compliance with Division 36.630 (Public Hearings).

D. Review authority. The Commission may grant Planned Development Permits in compliance with this Section.

E. Commission action. Following a public hearing, the Commission may approve or disapprove the Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:

a. The project is consistent with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan, and allowed within the applicable zoning district;

b. The project complies with all applicable provisions of this Zoning Code other than those modified by the Planned Development Permit;

c. The approved modifications to the development standards of this Zoning Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;

d. The project complies with all applicable provisions of the City’s Design Guidelines;

e. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;

f. The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;

g. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;

h. The site is adequate for the project in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which are adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the use; and

i. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection E.1.

(Ord. No. 2108 § 1.)

A. Purpose and intent. It is the policy of the City of South Pasadena to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (collectively referred to hereafter as “fair housing laws”) to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for persons with disabilities seeking fair access to housing. The purpose of this Chapter is to establish procedures for the receipt and evaluation of requests for reasonable accommodation, and to eliminate the need to apply for an Administrative Modification (Section 36.410.070) or a Variance (Section 36.410.080).

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice.

C. Applicability. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of zoning and land use regulations, policies, and practices acts or will act as a barrier to fair housing opportunities to that individual or to those with disabilities.

D. Review Authority.

1. The Director shall review each application for reasonable accommodation within 30 days of deeming the application complete. Pursuant to the findings set forth in Subsection G, the Director may approve, approve subject to conditions, or deny the request.

2. In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by a Review Authority other than the Director, the Director may determine that the application for reasonable accommodation be reviewed pursuant to Section 36.400.030 (Concurrent Zoning Approval Processing).

3. If necessary to reach a determination on the request for reasonable accommodation, the Review Authority may request further information from the applicant consistent with the fair housing laws, specifying in detail the information that is required, as it relates to: (a) establishing the existence of a qualifying disability to determine the applicability of this chapter; or (b) determining the necessity for the requested accommodation and its impact on access to housing to the disabled individual(s). In the event that a request for information is made, the 30-day period to issue a decision will be stayed until the applicant responds to the request.

E. Application for reasonable accommodation.

1. An application for reasonable accommodation shall be submitted in writing on a form prescribed by the Director.

2. A fee shall not be required for a reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City’s adopted fee schedule.

3. If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

4. An application for reasonable accommodation shall include all of the following:

a. The applicant’s name, address, and telephone number;

b. Documentation that the applicant is:

• (1) An individual with a disability,

• (2) Applying on behalf of one or more individuals with a disability, or

• (3) A developer or provider of housing for one or more individuals with a disability;

• c. Address of the property for which accommodation is being requested;

d. The name, address, and telephone number of the property owner(s), if different from the applicant;

e. Property owner mailing list and mailing labels pursuant to the requirements of Section 36.410.110(F), if necessary;

• f. The current use of the subject property;

g. The specific basis for the claim that the applicant is considered disabled under the fair housing laws;

h. A description of the accommodation requested including reference to the zoning code provision, policy, or procedure from which accommodation is sought;

i. A detailed written explanation of why the requested accommodation is necessary for the individual(s) with a disability to use and enjoy the dwelling; and

j. Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Subsection G can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

F. Public notice. In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

G. Required findings.

1. The written decision to approve, approve with conditions, or deny an application shall be based upon the following findings, all of which are required for approval:

a. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws and entitled to a reasonable accommodation;

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

c. The requested accommodation will not impose an undue financial or administrative burden on the City;

d. The requested accommodation will not result in a fundamental alteration in the nature of a City program or law, including, but not limited to, the General Plan, Zoning Code, design guidelines and any specific plans; and

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

2. In granting a request for reasonable accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this Section, so long as the conditions are consistent with the purposes of this Chapter to further fair housing.

H. Notice of decision.

1. The Review Authority shall notify the applicant of the decision on the application for reasonable accommodation by mailing a written notice of decision to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the Review Authority’s decision pursuant to Division 36.610.

2. Notice of the Review Authority’s decision shall also be given to adjoining property owners and/or other interested persons in the same manner as provided in Subsection F.

• I. Expiration, time extension, and revocation.

1. Any reasonable accommodation approved in accordance with the terms of this Chapter shall expire within 24 months from the effective date of the approval or at an alternative time specified as a condition of approval unless:

a. A building permit has been issued and construction has commenced;

b. A certificate of occupancy has been issued;

c. A time extension has been granted.

2. The Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less than 30 days prior to the expiration date.

3. Any reasonable accommodation approved in accordance with this Chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

J. Discontinuance.

1. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the Director determines that:

a. The modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition; or

b. The accommodation is necessary to give another disabled person an equal opportunity for use and enjoyment of the dwelling.

2. The Director may, at any reasonable time, request in writing the applicant or his or her successor-in-interest to the property to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the Director’s request shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

ting that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the Director’s request shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

K. Appeals. The decision of the Director to approve, approve subject to conditions, or deny an application for reasonable accommodation shall be subject to appeal to the Planning Commission pursuant to the procedures set forth in Section 36.610.050 (Appeals Filing, Processing and Decisions).

(Ord. No. 2248 § 5, 2013.)

Division 36.420. Zoning Approval Implementation, Time Limits, and Extensions

Sections:

36.420.010 Purpose of Division.

36.420.020 Effective Date.

36.420.030 Performance Guarantees.

36.420.040 Time Limits and Extensions.

36.420.050 Changes to an Approved Project.

36.420.060 Zoning Approvals to Run with the Land.

36.420.070 Resubmittals.

36.420.080 Covenants of Easements.