Article 3 Site Planning and General Development Standards

This Division expands upon the standards of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) by addressing the details of site planning and project design that are not covered by Article 2 (for example, off-street parking requirements and sign regulations). These standards are intended to ensure that all development produces an environment consistent with the General Plan.

(Ord. No. 2108 § 1.)

36.300.020 Applicability.

The provisions of this Division apply to all proposed development and new land uses.

A. These standards shall be considered in combination with the standards for each zoning district in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). If there is a conflict, the standards applicable to the zoning district shall take precedence over these general standards, except where these standards provide otherwise.

B. All new or modified structures and uses shall comply with all applicable provisions of this Division, except as specified in Division 36.360 (Nonconforming Uses, Structures, and Parcels).

(Ord. No. 2108 § 1.)

36.300.030 Setback Measurement and Exceptions.

This Section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

A. Setback requirements.

1. All structures shall comply with the setback requirements of the applicable zoning districts established by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and with any special setbacks established for specific land uses by this Zoning Code.

2. Each required setback shall be open and unobstructed from the ground upward, except for trees and other plant materials, and except as provided by Subsection D. (Setback Exceptions, Allowed Projections into Setbacks).

B. Exemptions from setback requirements. The minimum setback requirements of this Zoning Code apply to all uses except the following:

1. Fences, walls, and hedges with a maximum height of three feet above the natural grade of the parcel, within a required front or street side setback area, or six feet within the side and rear setbacks; except as otherwise provided in Subsection D. (Setback Exceptions, Allowed Projections into Setbacks); and

2. Decks, earthworks, pavement, steps, terraces, and other site design elements which are placed directly upon the finish grade and do not exceed a height of 18 inches above the surrounding finish grade at any point.

C. Measurement of setbacks. The following setbacks shall be measured from each exterior wall of a structure, to define a setback line parallel to the adjacent property line. Figure 3-1 shows the location of each type of setback, and the points from which they are measured.

1. Front yard setbacks. The front yard setback shall be measured at right angles from the front property line of the parcel to the point on the structure nearest to the front property line.

a. Corner parcels. The measurement shall be taken from the nearest point on the structure to the nearest point of the property line adjoining the street which is opposite the rear yard.

b. Flag lots. The measurement shall be taken from the nearest point on the wall of the structure facing the street to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2.

2. Side yard and street side yard setbacks. Side yard and street side yard setbacks shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest portion of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3. Rear yard setbacks. The rear yard setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest portion of the structure, establishing a setback line parallel to the rear property line.

4. Corner traffic visibility setbacks. All structures and landscaping over 36 inches in height on corner lots shall be set back from the center of the adjacent intersection a minimum of 75 feet, as required by Section 36.300.040.C.

Figure 3-1. Location and Measurement of Setbacks

Figure 3-2. Flag Lot Setbacks

D. Setback exceptions, allowed projections into setbacks. An architectural feature may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 3-1.

TABLE 3-1. ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature	Allowed Projection into Specified Setback
Projecting Feature	Front	Side	Rear
Sills, cornices, roof overhang or eaves	No closer than 30 in. to a lot line, provided that the lowest edge of the feature is at least 8 ft above ground level.
Chimney, bay window, greenhouse window	24 in. for no more than 10% of the length of the building wall from which it projects, or a maximum length of 10 ft, whichever is less; but no closer than 30 in. to a side lot line.
Balcony, deck, or porch, which may be roofed but is otherwise unenclosed	0 ft	36 in. for a deck if its walking surface is 30 in. or less above grade. 36 in. for another projecting feature if it extends along no more than 10% of the length of the building wall from which it projects, or a maximum length of 10 ft, whichever is less. In no case shall a feature project closer than 30 in. to a side lot line.	8 ft
Uncovered steps or landings up to 36 inches in height	36 inches in width, up to 10 ft in length.
Note: Air conditioning units may be permitted if located outside front or side setbacks, and they shall not be located on rooftops in residential districts.

Figure 3-3. Examples of Allowed Projections into Setbacks

E. Limitations on the use of setbacks. A required setback shall only be used in compliance with the following requirements.

1. Storage. No required setback shall be used for the storage of

a. Inoperable vehicles, scrap, junk, or similar material; or

b. Building materials, except during on-site construction, in compliance with a valid Building Permit.

2. Parking. Residential parking is allowable within a required setback only on driveways, in compliance with Section 36.310.080 (Parking Design Standards).

3. Pavement. Within a residential zoning district, pavement within a required front setback shall be limited to:

a. The maximum driveway width needed to access each garage door (12 feet for a single-family dwelling and 18 feet for multi-family units), provided that a maneuvering apron adjacent to the garage doors may be as wide as the garage doors; and

b. A pedestrian walkway not more than five feet wide.

c. No more than 30 percent of the area of a required front setback shall be pavement or other decorative hardscape materials, except for hillside lots (as defined by Section 36.340.020A [Hillside Protection]) where the required guest parking spaces cannot be located outside of the front setback. A parcel on a cul-de-sac may have up to 45 percent of the front yard paved. Cul-de-sac parcels are allowed more pavement because their curving street frontage and front property line result in their front yard area being smaller than that of a rectangular lot.

(Ord. No. 2108 § 1; Ord. No. 2166, § 4, 2007.)

36.300.040 Height Limits and Exceptions.

Each structure shall comply with the height limits of this Section, except for fences and walls, which are instead subject to the provisions of Section 36.300.050 (Walls, Fences, and Hedges).

A. Maximum height of structures. No structure shall exceed the height limit established by the applicable zoning district in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Because of a 1983 City of South Pasadena initiative, no commercial, office, manufacturing, or residential building shall exceed a height of 45 feet, and no Conditional Use Permit or Variance shall be granted to exceed 45 feet.

B. Height measurement. The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-4. “Existing grade” shall be established by the Director, consistent with parcels in the immediate vicinity, and shall not be, nor have been artificially raised to gain additional building height.

Figure 3-4. Height Measurement

C. Height limitations at intersections/sight visibility. A structure or landscaping, excluding existing trees, shall not exceed a height of 36 inches in areas where vehicular or pedestrian traffic lines of sight may be impacted, as established by the Public Works Director. Planting of parkway trees shall be in compliance with SPMC 31.48(d)(2).

(Ord. No. 2108 § 1 (part); Ord. No. 2345 § 1)

36.300.050 Walls, Fences and Hedges.

A. Applicability. The provisions of this Division apply to all walls, fences, and hedges, except for retaining walls, and a fence or wall required by regulations of a State or Federal agency, or by the City for reasons of public safety.

B. Height limitations. Fences, walls, and hedges shall comply with the height limitations in Table 3-2.

TABLE 3-2. MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES
Location	Maximum Height (1)
Within a required front or street side setback	3 ft
Within a required side or rear setback	6 ft (2)
Nonresidential district adjacent to a residential district	8 ft
Notes: (1) See height limit exceptions in Subsection D., below. (2) Side and rear fences may exceed the height limit of 6 feet up to a maximum of 8 feet with administrative approval. These height regulations do not apply to a hedge along a rear property line. A hedge within a required side setback shall not exceed a height of 10 feet unless a greater height is approved by the Director after first determining that the hedge will not unduly limit access to natural light and views from adjoining property.

Figure 3-6. Fence Height Measurement

C. Measurement of fence or wall height. Fence or wall height shall be measured from finished grade at the base of the fence or wall to the uppermost part of the fence or wall. In a case where the elevation of finished grade differs from one side of the fence or wall to the other (as on a slope or retaining wall), fence or wall height shall be measured on the side with the lowest grade where the elevation difference is more than two feet, and on the side with the highest grade where the elevation difference is two feet or less. See Figure 3-6.

D. Exceptions to fence and wall height limitations.

1. Ornamental features. Ornamental features including finials, caps or other decorative elements may exceed the height limitations by six inches above the top of a wall or fence a minimum distance of four feet apart.

2. Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with the Uniform Building Code.

E. Reserved.

F. Outdoor equipment, storage, and work areas. Screening of outdoor uses and equipment shall be provided in compliance with Section 36.300.070 (Screening).

G. Temporary fencing. Temporary fencing may be necessary during site preparation and construction. Temporary fencing for these purposes shall be subject to approval by the Director.

H. Prohibited fencing materials. The following fencing materials are prohibited:

1. Barbed wire or razor wire;

2. Chain link fencing within a front or street side setback in a residential zoning district; and

3. Concrete masonry units (CMUs), except where authorized through Design Review approval.

(Ord. No. 2108 § 1.)

36.300.060 Solid Waste/Recyclable Materials Storage.

The following provisions establish standards for the construction and operation of solid waste and recyclable material storage areas in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Section 42900 et seq.).

A. General requirement. All proposed development shall comply with applicable provisions of the City’s Source Reduction and Recycling Element.

B. Required storage for multi-family projects. Multi-family residential projects of five or more units shall provide solid waste and recyclable material storage areas as follows:

1. Individual unit storage requirements. Each dwelling unit shall be provided an interior area with a minimum of six cubic feet designed for the storage of solid waste and recyclable material.

2. Shared storage requirements. Each multi-family project shall provide one or more solid waste and recyclable material storage area in compliance with Table 3-3. The storage areas may be located indoors or outdoors as long as they are readily accessible to all residents. All required areas are in square feet.

TABLE 3-3. MULTI-FAMILY PROJECT STORAGE
Number of Dwellings	Required Storage Area (sf)
5-6	24
7-15	48
16-25	96
26-50	192
51-75	288
76-100
384
101-125	480
126-150	576
151-175	672
176-200	768
201+	Every additional 25 dwellings shall require an additional 100 sf

C. Required storage for non-residential structures and uses. Non-residential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas in compliance with the minimum requirements in Table 3-4. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-4. NON-RESIDENTIAL STORAGE
Building Floor Area (sf)	Required Area (sf)
0-5,000	24
5,001-10,000	48
10,001-25,000	96
25,001-50,000	192
50,001-75,000	288
75,001-100,000	384
100,001+	Every additional 25,000 sf shall require an additional 48 sf.

D. Location requirements.

1. A solid waste and recyclable materials storage area shall be located inside a specially-designated structure, on the outside of a structure within an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in a rear yard and/or interior side yard. An exterior storage area shall not be located in any required front yard setback, street side setback, or in any area of required parking, landscaping or open space area.

2. Each storage area shall be conveniently accessible to residents and employees. Each storage area within a multi-family residential project shall be located within 250 feet of the dwellings it serves.

3. Any driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a site is served by an alley, each exterior storage area shall be directly accessible to the alley.

4. Each multi-family and non-residential outdoor solid waste storage area shall be screened from view. Solid waste receptacles for single-family homes should be stored within an enclosed garage or behind a fence.

E. Design and construction. Each storage area shall be designed and constructed to:

1. Be compatible with the surrounding structures and land uses;

2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

3. Provide a concrete pad within the fenced or walled area, and a concrete apron to facilitate the handling of individual bins or containers;

4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

5. Provide for the appropriate location of storage areas, which shall be screened from view on at least three sides. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director.

(Ord. No. 2108 § 1.)

36.300.070 Screening.

This Section establishes standards for screening between land uses, and the screening of other potentially unsightly features of development.

A. Design Review required. The design and installation of each screening measure required by this Section shall require Design Review approval (Section 36.410.040).

B. Screening between different land uses. An opaque screen consisting of plant material and/or a solid, decorative masonry wall or wood fence, a minimum of six feet in height, shall be installed along parcel boundaries whenever a nonresidential use adjoins a residential zoning district. The maximum height of the wall shall comply with the provisions of Section 36.300.050 (Walls, Fences, and Hedges). The design of the wall shall be compatible with adjoining structures and the adjacent neighborhood, subject to approval by the appropriate Review Authority.

C. Mechanical equipment, loading docks, and refuse areas for commercial or industrial areas.

1. Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts, and exhaust, etc.), loading docks, refuse storage areas, and utility services (e.g. electrical transformers, gas meters, etc.) shall be screened from public view from adjoining public streets and rights-of-way and adjacent residentially-zoned areas. See also Section 36.300.080 regarding mechanical equipment.

2. The method of screening shall be architecturally compatible with the colors, materials, and architectural style of the other development on the site.

3. Landscaping shall be installed adjacent to screen walls, at the discretion of the Design Review Board.

D. Outdoor storage and work yards. Uses with outdoor storage of materials, recycling facility-processing centers, waste resource and waste recycling operations, auto repair, and similar uses shall comply with the following:

1. Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall, a minimum of six feet and a maximum of eight feet in height, subject to review by the appropriate Review Authority. The wall shall include sight-obscuring gates. The wall and gates shall be continuously maintained in good repair; and

2. Site operations in conjunction with outdoor uses, including the loading and unloading of equipment and materials, shall be screened.

E. Outdoor building materials and garden supply areas. Outdoor building materials and garden supply areas shall be screened with fencing, landscaping, meshing, walls, or similar material to minimize visibility of the storage area.

(Ord. No. 2108 § 1; Ord. No. 2183 § 9, 2009.)

36.300.080 Mechanical Equipment.

Each piece of mechanical equipment including HVAC (heating, ventilation, and air conditioning) equipment, and other compressors, filters, pumps, and similar equipment installed outside of the exterior walls or roof of a building shall constitute a structure, and shall comply with the following requirements.

A. Location within required setbacks.

1. Front or street setback. No mechanical equipment shall be placed within a required front yard setback.

2. Side setback. Mechanical equipment may be placed within a required side yard or street side setback only when enclosed and/or screened from view in compliance with Section 36.300.070.C.1, and attached to the building.

3. Rear setback. Mechanical equipment may be placed in a rear setback when enclosed and/or screened from view, except in the required yard of a through lot. If detached from the building, the equipment shall be set back a minimum of three feet from the rear and side property lines.

B. Roof-mounted equipment. Mechanical equipment may be located on a roof provided that it is not visible from the street and is screened from the view of abutting residential properties in compliance with Section 36.300.070.C.1.

C. Noise control. All mechanical equipment shall comply with the City’s noise regulations in Chapter 19A of the Municipal Code.

(Ord. No. 2108 § 1.)

36.300.090 Outdoor Lighting.

A lighting plan shall be submitted with project plans as required by the Department. Exterior lighting on private property within the City shall comply with the following requirements.

A. Exterior lighting fixtures shall not exceed a maximum height of 16 feet.

B. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.

C. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.

D. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.

E. Security lighting should be provided at all entrances/exits, except in a residential zone.

F. Any lighting proposed for an outdoor sports court shall require Administrative Use Permit approval.

(Ord. No. 2108 § 1.)

36.300.100 Historic Structures.

See Municipal Code Chapter 2, Article VIE for permit requirements and standards for alterations to historic structures.

(Ord. No. 2108 § 1.)

36.300.110 Performance Standards.

A. Purpose. This Section provides performance standards that are designed to minimize various potential operational impacts of all land uses and development within the City, and promote compatibility with adjoining areas and land uses.

B. Applicability. The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses, in all zoning districts unless an exemption is specifically provided. Uses existing on the effective date of the ordinance codified in this Section shall not be altered or modified thereafter to conflict with these standards.

C. Electrical and mechanical equipment. Electrical and mechanical equipment (e.g., air conditioners, antennas, filters, heating and ventilation equipment, pumps, transformers, etc.) shall not be located and operated to disturb adjoining uses or activities.

D. Electrical interference. Uses, activities, and processes shall not be operated to produce electric and/or magnetic fields that adversely affect the public health, safety, and general welfare of the community, including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted.

E. Explosive or fire hazard. Uses, activities, and processes shall comply with the minimum requirements of the Uniform Fire Code as adopted by the City, and California Code of Regulations Title 19.

F. Light and Glare. Light or glare from mechanical or chemical processes, or from reflective materials used or stored on a site, shall be shielded or modified to prevent emission of light or glare beyond the property line. Outdoor lighting shall comply with the requirements of Section 36.300.090 (Outdoor Lighting).

G. Noise. The City’s noise standards are in Chapter 19A of the Municipal Code.

H. Odor. Noxious, odorous emissions of a type or quantity that would be detrimental to, or endanger the public health, safety, or general welfare of the community, are declared to be public nuisance and unlawful, and shall be modified to prevent the release of further emissions.

I. Vibration. Uses, activities, and processes shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt.

(Ord. No. 2108 § 1.)

36.300.120 Private Drives.

A. Definition. A “private drive” or “private street” or “private road” shall have the same meaning as “street (private)” as defined in this Zoning Code.

B. It is prohibited and unlawful for anyone to construct, place or maintain a speed bump on any private street that intersects with an arterial street (arterial streets are defined in the City’s General Plan) and at least one other private or public street unless an Administrative Use Permit is issued regarding the same.

C. It is prohibited and unlawful for anyone to construct, place or maintain any barrier on any private street that intersects with an arterial street (arterial streets are defined in the City’s General Plan) and at least one other private or public street unless a Conditional Use Permit is issued regarding the same. The findings necessary for a Conditional Use Permit shall be as set forth in the Zoning Chapter of the Municipal Code. For the purposes of this section, “barrier” shall refer to any visually or physically perceivable limitation on access (whether permanently closed or closed during certain hours, whether providing or appearing to provide selective access, whether locked or unlocked) placed or constructed on a private street that is not a speed bump. A sign indicating that a private street is private property is not a limitation on access. A sign indicating that the use of a private street is not allowed without some form of permission from the owners thereof is not a barrier. A “one-way” sign or device allowing for driving in only one direction on a through-street is not a barrier. A barrier shall not refer to a temporary barrier for the purpose of allowing for landscaping, street maintenance, or events unless such a temporary barrier exists for longer than ten cumulative days out of a thirty day period. City Manager approval shall be required in the event that a temporary barrier exists beyond that ten/thirty-day period. No fee shall be required for temporary barriers. And, if good cause exists due to frequency of use, the City Manager may recommend that such a temporary barrier be considered by the Planning Commission as if it is a permanent barrier. A barrier to a private street that intersects with only one arterial street shall not be referred to the Planning Commission for a Conditional Use Permit, but shall be setback 20?-0? from the arterial to allow adequate queuing area between the barrier and the intersecting street.

D. Parking. Except when in conflict with other laws, or when in conflict with easements for utilities, emergency access, fire road access, or sewers dedicated to the City, parking on private streets is to be privately regulated in a manner as not to create a nuisance. Residents may request additional parking enforcement from the City Manager.

E. Notice. For the purposes of notices, as required in Section 36.630.020.B.1.a.(3) and b., “subject parcel” shall include all parcels that front or own a private street at issue. Notices regarding private streets shall be sent to all private property owners within 300 feet of parcels that front on or own private streets.

(Ord. No. 2146 § 1.)

36.300.130 Private Streets.

“Private Streets.” Private streets, as regulated in Section 36.300.120, shall be regulated as described in this Chapter 36.360, except as provided in Section 36.300.120.D.

(Ord. No. 2146 § 2.)

Division 36.310. Parking and Loading

Sections:

36.310.010 Purpose of Division.

36.310.020 Applicability.

36.310.030 General Parking Regulations.

36.310.040 Number of Parking Spaces Required.

36.310.050 Off-Site Parking.

36.310.060 Shared Parking.

36.310.070 Disabled/Handicapped Parking Requirements.

36.310.080 Parking Design Standards.

36.310.090 Driveways and Site Access.

36.310.100 Bicycle Parking.

36.310.110 Loading Space Requirements.

36.310.111 Valet Parking.

36.310.010 Purpose of Division.

The regulations in this Division are intended to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed, attractive, and meet the needs of specific uses.

(Ord. No. 2108 § 1.)

36.310.020 Applicability.

A. Each use and structure, including a change or expansion of a use or structure shall provide parking and loading areas in compliance with the provisions of this Division.

B. A use shall not be commenced or expanded, and a new structure or expanded area shall not be occupied, until improvements required by this Division are satisfactorily completed.

C. The provisions of this Section may be modified or overridden by initiative requirements, or by requirements of an overlay zoning district (see Division 36.250 Overlay Zoning Districts).

D. As required by a 1983 initiative in the City of South Pasadena, no Variance to parking requirements shall be granted that reduces parking requirements by more than five percent.

(Ord. No. 2108 § 1.)

36.310.030 General Parking Regulations.

A. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve. The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or temporary use.

B. Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation of premises for which parking or loading spaces are required shall not prevent or restrict authorized persons from using the spaces.

C. Parking area use. Required off-street parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Zoning Code. Fabric and prefabricated metal carports are prohibited.

(Ord. No. 2108 § 1.)

36.310.040 Number of Parking Spaces Required.

Each use shall provide at least the minimum number of parking spaces required by this division, unless otherwise exempt from the minimum parking requirement per subsection (H) of this section. If parking requirements result in a fraction of a space required, the number of parking spaces required shall be rounded up to the next higher number.

A. Parking requirements by land use. Each land use shall be provided the number of off-street parking spaces required by Table 3-6, except where a greater number of spaces is required through Conditional Use Permit or other permit approval, or an exception has been granted through land use permit approval. In any case where Table 3-6 establishes a parking requirement based on the floor area of a use (e.g. 1 space per 1,000 sf), the floor area shall be construed to mean net floor area.

B. Expansion of structure, change in use. When an existing nonresidential structure is enlarged or increased in capacity, or when a change or expansion in use requires more parking than is presently provided, additional parking spaces shall be required only for the addition, enlargement, change or expansion of use, and not for the entire structure. This subsection shall not apply when an existing special needs educational and training facility ceases or reduces its operation and some or all of the previously occupied space is taken over by a different land use; in that case, the new land use shall provide the number of parking spaces as provided in Table 3-6 of Division 36.310.

C. Multi-tenant sites.

1. Number of spaces. A site with multiple tenants (two or more uses) shall provide the aggregate number of parking spaces required for each separate use, except where:

a. The site was developed comprehensively as a multi-tenant center, the parking ratio shall be the required number of spaces for the center. In this case, the parking requirement will be based on the center as a whole regardless of individual uses as provided in Table 3-6; or

b. The site qualifies for shared parking in compliance with Section 36.310.060 (Shared Parking).

2. Parking plan required. An applicant for the approval of a new project, or a modification to a multi-tenant project that changes its parking requirements shall submit a shared parking plan containing, at a minimum, the information listed in Section 36.310.060.C, to be approved by the review authority as part of the development plan.

D. Uses not listed. Land uses not specifically listed in Table 3-6, shall provide parking as required by the review authority. The review authority shall use the requirements of Table 3-6 as a guide in determining the minimum number of parking spaces to be provided.

E. Excessive parking. Parking spaces in excess of the requirements of this Division may be approved up to an increase of 25 percent, in conjunction with Design Review for the project, and if additional landscaping twice the standard requirements are provided and pedestrian improvements are also included.

F. Bench or bleacher seating. Where fixed seating is provided as pews, benches or bleachers, a seat shall be defined to be 18 inches of bench space for the purpose of calculating the number of required parking spaces. See Table 3-6.

G. Parking for historic commercial properties in CG Zone. Where a use is locating in a building in the CG zone that is included in the City’s Inventory of Historic Resources, the number of parking spaces required shall be equivalent to the number of spaces that can be accommodated on-site and/or behind the building. In the event that a building is removed from the Inventory of Historic Resources, the required parking for all new uses within such a building shall be in conformance with the parking requirements in Table 3-6 of this Section.

TABLE 3-6. PARKING REQUIREMENTS BY LAND USE
Land Use Type:	Number of Parking Spaces Required*
Manufacturing, Processing, and Warehousing
General manufacturing, industrial, and processing uses	2.5 spaces for each 1,000 sf.
Recycling facilities	6 spaces for large collection facilities; as determined by Conditional Use Permit approval for other facilities.
Research and development, offices and laboratories	3 spaces for each 1,000 sf.
Warehouses, distribution centers, and storage facilities	2 spaces for each 1,000 sf.
Recreation, Education, and Public Assembly
Child day-care facilities
Child day care center	1 space per employee, plus 1 space per 5 children.
Large family day care home	1 space per employee, in addition to required residential spaces.
Small family day care home	As required for the single-family dwelling (see the parking requirements for residential uses).
Commercial recreation activities: Ball courts, outdoor or indoor	3 spaces for each court, plus 4 spaces for each 1,000 sf of floor area for each additional use.
Indoor recreation/fitness centers
Arcades	4 spaces for each 1,000 sf.
Bowling alleys	3 spaces for each lane.
Health/fitness clubs	4 spaces for each 1,000 sf plus 1 space for each employee.
Pool and billiard rooms	2 spaces for each table, plus required space for each additional use (e.g., restaurant, bar).
Skating rinks	10 spaces for each 1,000 sf of skating area.
Libraries, museums, art galleries	2 spaces for each 1,000 sf.
Recreation, Education, and Public Assembly (cont’d)
Outdoor Recreation Facilities Golf course Miniature golf Driving range Equestrian facilities	Parking spaces determined per parking plan approved by review authority.
Public assembly uses (e.g., religious facilities, cinemas, performance theaters, meeting halls, and membership organizations).	1 space for each 4 fixed seats (see Section 36.310.040.F for instructions on how to calculate bench or bleacher seating), and 1 space for every 40 sf of gross assembly area, classrooms, meeting rooms, etc., exclusive of areas of fixed seats and their access aisles. For day care facilities in conjunction with a public assembly use, see the parking requirement for “child day care facilities.”
Schools (private)
Elementary, junior high/middle school	1.5 spaces for each classroom, plus 5 spaces for each 1,000 sf of assembly area in an auditorium.
High school	1 space for each 5 students plus 1 space for each employee.
Specialized education and training schools	5 spaces for each 1,000 sf.
Private colleges and universities	5 spaces for each 1,000 sf.
Special needs educational and training facilities	As determined by the review authority based on a parking study by a professional traffic engineer or qualified parking consultant.
Studio for dance, art, etc.	5 spaces for each 1,000 sf.
Residential Uses (1)
Duplex	4 spaces within a garage or carport, plus 1 guest space. (3)
Live/work unit	2 spaces for each 1,000 sf of combined floor area.
Mixed-use development	As required for each individual land use.
Multi-family dwelling, condominiums and other attached dwellings	1 bedroom unit—1 space; 2 bedrooms and/or greater—2 spaces within a garage or carport for each unit, plus 1 guest space per each 2 units. (1), (3)
Organizational house	1 space for each bed.
Second dwelling unit	1 space within a garage or carport.
Senior citizen residential
Assisted living and group homes	0.5 space for each residential unit, plus 1 space for each 4 units for guests and employees.
Residential Uses (cont’d)
Independent living	1 covered space for each unit, plus 1 uncovered guest parking space for each 10 units.
Single-family housing	2 covered spaces. (2), (3)
Retail Trade
Appliances, building materials, furniture, and hardware stores	2 spaces for each 1,000 sf.
Automobile, mobile home, vehicle, machinery and parts sales	1 space for each 1,000 sf, including outdoor display area.
Bars/nightclubs/dancing establishments	1 space for each 30 sf of dance floor area; 1 space for each 100 sf of bar/nightclub area.
Convenience stores	4 spaces for each 1,000 sf.
Gas stations (including multi-use stations)	2 spaces for each 1,000 sf plus 3 spaces for each service bay.
Grocery stores	4 spaces for each 1,000 sf.
Multi-tenant retail site or building (2 or more uses)	4 spaces for each 1,000 sf.
Restaurant—Not part of multi-tenant retail site or building
New use occupying new space more than 1,200 sf.	10 spaces for each 1,000 sf.
New use occupying existing space of 1,200 sf or less.	No new parking required.
Outdoor dining	No parking required.
Restaurant—Not part of multi-tenant retail site or building (Continued)
Take-out with customer tables	20 spaces for each 1,000 sf.
Take-out service only (e.g., delicatessens)	4 spaces for each 1,000 sf.
Restaurant—Within multi-tenant retail site or building	See requirement for “Multi-tenant retail site or building.”
Retail sales and services	1 space for each 500 sf.
Services
Banks and financial services	4 spaces for each 1,000 sf of financial customer service area, plus 3 spaces per 1,000 sf of office space.
Bed and breakfast inns	1 space for each guest room, and 1 space for each 2 employees, plus 2 parking spaces for the residents.
Services (cont’d)
Copy and reproduction centers	2 spaces for each 1,000 sf.
Consumer products—repair and maintenance	4 spaces for each 1,000 sf.
Equipment rental	1 space for each 300 sf of floor area, plus 1 space for each 1,500 sf of outdoor use area.
Hotels and motels	1 space for each guest room, and 1.5 spaces for each multi-room suite; plus 1 space for each 20 guest rooms and 10 spaces for each 1,000 sf of conference meeting room area.
Kennels and animal boarding	1 space for each 1,000 sf.
Laundromats	4 spaces for each 1,000 sf.
Medical services
Clinics, medical/dental offices	4 spaces for each 1,000 sf.
In-patient drug treatment facilities	1 space for each 3 beds, plus 1 for each employee.
Hospitals	1 space for each patient bed, plus 2 for each 1,000 sf of office area, plus required spaces for ancillary uses as determined by the review authority.
Medical/dental labs	3 spaces for each 1,000 sf.
Mortuary	1 space for each 4 fixed seats (see Section 36.310.040.F for instructions on how to calculate bench seating), and 1 space for each 40 sf of gross public assembly area.
Offices, administrative, corporate	3 spaces for each 1,000 sf.
Personal services	8 spaces for each 1,000 sf.
Vehicle repair and maintenance
Repair garage Self-service vehicle washing Full-service vehicle washing	2 spaces for each 1,000 sf.
	3 spaces for each washing stall.
	2 spaces for each 3 employees on largest shift, plus 4 spaces for each 1,000 sf of store/lounge area, with a minimum of 3 spaces.
Veterinary clinics and hospitals	3 spaces for each 1,000 sf, plus 1 space for each 1,000 sf of boarding area.
Transportation and Communications
Truck and freight terminals	1 space for each 400 sf of freight area, plus 1 space for each 100 sf of office/lobby area.
Notes: (1) Guest parking spaces shall be clearly marked for guest parking only and shall be evenly dispersed throughout the development site. Signs shall be provided at appropriate locations to direct visitors to guest parking locations. (2) On a lot requiring a Hillside Development Permit, a minimum of three spaces shall be provided, with two covered. The Planning Commission may authorize one of the three spaces to be in tandem. One additional space shall be provided for each 1,000 square feet of floor area or fraction thereof above 3,000 square feet. (3) The requirement of two covered spaces may be waived by the Director for the alteration of a residential unit that is listed on the City’s Cultural Heritage Inventory as defined by SPMC Section 2.58, provided the circumstances listed under SPMC Section 36.360.090(F)(1) apply. * The actual parking requirements for all uses subject to a Conditional Use Permit [CUP] or Administrative Use Permit [AUP] (refer to SPMC 36.230, Table 2-4 Commercial Zoning Districts—Allowed Uses and Permit Requirements for Commercial and Business Park Districts) are reviewed on a case-by-case basis via the CUP/AUP entitlement process. The listed parking requirements are the minimum; the CUP/AUP process may determine that additional parking is required. Reductions in required parking can only be approved via the variance process (SPMC 36.410.080), and per the 1983 Initiative, variances for parking are limited to a maximum of five percent of the required number of spaces.

H. Notwithstanding the above, there shall be no minimum parking requirement for any residential, commercial, or other development project if the project is located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, except in the following circumstances:

1. The City may require provision of parking as required in Table 3-6, above, for a project that is located within one-half mile of a major transit stop provided the Director makes written findings, within 30 days of the receipt of a completed application, that not requiring the minimum parking requirements for the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:

a. The City’s ability to meet its share of the regional housing need in accordance with Government Code Section 65584 for low and very low income households.

b. The City’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Government Code Section 65583(a)(7).

c. Existing residential or commercial parking within one-half mile of the housing development project.

2. For a housing development project, as defined in Government Code Section 65589.5(h), the Director shall not make findings for an exception per subsection (H)(1) of this section if the housing development project satisfies any of the following:

a. The development dedicates a minimum of 20 percent of the total number of housing units to very low, low, or moderate income households, higher education students, the elderly, or persons with disabilities.

b. The development contains fewer than 20 housing units.

c. The development is subject to parking reductions based on the provisions of any other applicable law.

3. An event center shall provide all required parking for employees and other anticipated workers. For purposes of this section, an “event center” shall be defined as follows: a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment.

4. Projects subject to this subsection (H) shall comply with all requirements to provide electric vehicle supply equipment-installed parking spaces and to provide parking spaces that are accessible to persons with disabilities in compliance with SPMC 36.310.070.

(Ord. No. 2108 § 1; Ord. No. 2183 §§ 10, 11, 2009; Ord. No. 2208 §§ 3, 4, 2010; Ord. No. 2243 § 3, 2013; Ord. No. 2244 §§ 3, 4, 2013; Ord. No. 2257 § 3, 2013; Ord. No. 2372 § 5, 2023.)

36.310.050 Off-Site Parking.

The use of off-site parking to satisfy the requirements of Table 3-6 shall require Parking Use Permit approval in compliance with Section 36.410.090, and shall be provided in compliance with the following standards.

A. Location. All off-site parking spaces except valet-serviced spaces shall be located within 1,500 feet measured from the primary entrance to the site, or other distance determined by the review authority to be appropriate through Parking Use Permit approval.

B. Design and improvement standards. All newly-constructed off-site parking spaces shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, noise attenuation, and size as are required by this Division for on-site parking spaces.

C. Identification of facility. The review authority may require the parking lot to be clearly marked and conspicuously identified as the exclusive or shared parking for the sites it serves, unless the parking can only be accessed by a valet.

D. Terms of off-site parking. Required parking spaces that are approved off-site shall be committed by a lease, bond, or other agreement, acceptable to the City Attorney, between the owners, and if applicable, the lessees of the off-site 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.

Lessees shall provide proof to the Director on an annual basis of continuous leases for off-site parking spaces at the time the leases are renewed following the expiration of their initial terms, or when a new lease for parking elsewhere is substituted. If the off-site parking lease agreement between the parties lapses, the owner or operator of the use leasing the parking shall immediately notify the Director. The Director shall determine a reasonable time in which the required parking shall be restored, including the requirement that an in-lieu parking fee be paid in an amount equal to the number of parking spaces required. If replacement parking is not provided within the time required by the Director, the use shall be terminated.

(Ord. No. 2108 § 1.)

36.310.060 Shared Parking.

A. Applicability. Separate commercial uses on separate parcels not more than 1,500 feet from each other within any commercial zoning district may jointly use parking facilities subject to the approval of a Parking Use Permit in compliance with Section 36.410.090 when the review authority determines that either of the following conditions exist:

1. Different peak hour parking demands exist between the separate uses; and

2. Single vehicle trips are likely to be made to two or more of the businesses proposed to share the parking.

B. Procedure. The shared use of parking facilities may be granted through the Parking Use Permit process (Section 36.410.090).

C. Application requirements. In addition to the information and materials required for a Parking Use Permit application, the owner of the proposed shared parking spaces shall provide a parking demand study prepared by a qualified, licensed traffic engineer, which:

1. Is in a form and includes data acceptable to the Director;

2. Includes data documenting the actual usage of the proposed shared parking spaces during all hours over a two-week period; and

3. Otherwise demonstrates that the proposed shared parking will actually be available to the off-site use, and that no substantial conflict will exist in the principal hours or periods of peak parking demands of the uses for which the shared parking is proposed.

D. Standards for shared parking. In granting a Parking Use Permit for shared parking, the Director may require conditions of approval over and above the requirements of this Division, including:

1. Design standards, including sound attenuation, security lighting, landscaping, signs relating the parking site to the business;

2. Disabled access from the off-site parking to the subject business; and

3. Hours of use.

(Ord. No. 2108 § 1.)

36.310.070 Disabled/Handicapped Parking Requirements.

Parking areas shall include parking spaces accessible to the disabled as follows.

A. Number of spaces and design standards. Parking spaces for the disabled shall be provided in compliance with Section 1129B of the Uniform Building Code and the Federal Accessibility Guidelines. Disabled accessible parking spaces shall count toward fulfilling the parking requirements of this Division.

B. Residential multi-family uses. For each dwelling unit required to be designed to accommodate the physically handicapped or required to be made adaptable for the physically handicapped, the required parking shall be provided in compliance with California Administrative Code, Part 2, Title 24.

(Ord. No. 2108 § 1.)

36.310.080 Parking Design Standards.

A. Location of parking areas. Required off-street parking shall be located on the same parcel as the uses served or on a contiguous parcel, or within 400 feet of the proposed use it is intended to serve. When a proposed off-street parking spaces are provided on a separate parcel from the use, a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity approved in a form acceptable to the City Attorney.

B. Access to parking areas and parking spaces.

1. Access to parking lots. Parking lots shall be designed to prevent access at any point other than at designated access drives.

2. Parking space location. Parking spaces shall not be located within 10 feet of an access driveway, measured from the property line. See Figure 3-17.

Figure 3-17. Queuing Area

3. Internal maneuvering area. Parking areas shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for single-family homes and duplexes.

C. Access to adjacent sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Director.

D. Parking space and lot dimensions.

1. Parking spaces.

a. Residential spaces. Parking spaces within carports and garages shall have minimum interior dimensions of 20 feet in length by 10 feet in width for each vehicle.

b. Tandem parking spaces. Tandem parking spaces shall be a minimum 35 feet in length by 10 feet in width, and a maximum of 42 feet in length and 12 feet in width.

(1) Within multi-family districts, tandem parking spaces may be assigned to a single unit, and may count toward the requirement for covered spaces, but may not count as a guest space.

(2) Within single-family districts, tandem parking may count toward the requirement for covered spaces with the approval of an Administrative Use Permit where property is developed with a single-family home, where current parking requirements are not met, and there is no space available for the required standard size garage (20’ x 20’). In determining whether it is impractical or unfeasible to provide a standard size garage (20’ x 20’), the Director shall consider if such required parking 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:

a. The property is substandard in size, less than 10,000 square feet,

b. The property is substandard in width, less than 50 feet wide, or

c. The property contains the following features:

i. protected heritage trees,

ii. a home listed on the City’s Inventory of Historic Resources, or

iii. physical features that would make it impractical or unfeasible to provide the standard size garage.

(3) Within non-residential districts, tandem parking may be provided for all of the required parking spaces where authorized through Parking Use Permit approval, provided an attendant is on duty during the hours of parking lot operation.

Figure 3-18. Parking Space and Aisle Dimensions.

2. Parking lot aisles. Drive aisles within parking areas shall be designed and constructed in compliance with the following standards.

a. Aisle width. Parking area aisles shall comply with the minimum dimensional requirements in Table 3-7.

b. Visibility. Drive aisles shall be designed and located so that adequate visibility is ensured for pedestrians, bicyclists, and motorists when entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

TABLE 3-7. PARKING SPACE AND DRIVE AISLE DIMENSIONS
Angle of Parking	Minimum Dimensions
Angle of Parking	Parking Space Depth	Parking Space Width	Aisle Width (1)
0 degrees (e.g. tandem or parallel parking)	24 ft	8.6 ft (2)	12 ft
30 to 45 degrees	19 ft	9 ft (2)	13 ft
46 to 60 degrees	21 ft	9 ft (2)	18 ft
61 to 90 degrees	18 ft	9 ft (2)	24 ft
Notes: (1) The Director may require greater aisle widths where slopes or other obstructions are encountered. (2) Each parking space that is adjoined on either side of its longer dimension by a fence, wall, partition, column, post, or similar obstruction, and the obstruction is located less than 14 feet from the access aisle measured along the length of the stall, shall have its minimum width increased by at least 10 inches on the side of the obstruction.

E. Curbing and wheel stops.

1. Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, other structures, and landscaping.

a. Alternative barrier designs may be approved by the Director.

b. Parking spaces adjacent to landscaped areas or other obstructions shall incorporate an additional curbing width of 12 inches (for a total of 18 inches) to provide a place to stand while exiting and entering vehicles.

c. Curbing shall be placed within the parking space a minimum of two feet from the front of the space.

2. Wheel stops. Wheel stops other than continuous concrete curbing shall be prohibited except in work areas, and parking areas not open to the public.

3. Bumper overhang. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions.

F. Directional arrows and signs.

1. Parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

2. The Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

G. Grades of driveways and parking areas. The grades of driveways and parking areas shall comply with the standards in Municipal Code Section 31.35, and the following requirements.

1. Driveways. Driveways shall not exceed a maximum grade of 15 percent measured along the driveway centerline. Where there is a change in the slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with an average vehicle’s undercarriage.

2. Parking areas. Parking areas shall have a maximum grade of seven percent, measured in any direction.

H. Landscaping. Parking area landscaping shall be provided in compliance with Division 36.330 (Landscaping Standards).

I. Lighting. Parking areas within non-residential areas shall have lighting that provides adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structures, and shall not exceed a maximum height of 16 feet. All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way. Lighting location shall take into account the location and expected mature characteristics of on-site landscape materials.

J. Residential guest parking. Guest parking for multi-family residential uses shall be designated and restricted for the exclusive use of the guests with appropriate signs and pavement markings.

K. Striping and identification. Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.

L. Surfacing. Parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained.

(Ord. No. 2108 § 1; Ord. No. 2135 § 1.)

36.310.090 Driveways and Site Access.

All driveways and access provided from public streets to private property shall comply with the following requirements, and the provisions of Municipal Code Section 31.28, et seq. (Removal of Curbs, Sidewalks and Gutters to Construct Driveway, Etc., Entrances), as applicable.

A. Distance from street corners. Driveways to parking areas, except single family residential and duplex driveways, shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet. Exceptions to this standard may be approved by the review authority.

B. Driveway spacing. Driveways shall be separated along the street frontage as follows:

1. Single-family and duplex residential development. Driveways shall be separated by at least six feet as measured by near edges of the driveway, unless a shared, single driveway is approved by the Director. The six-foot separation does not include the transition or wing sections on each side of the driveway approach.

2. Multi-family and nonresidential development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 feet.

C. Residential driveway standards.

1. Each single-family dwelling shall be provided a continuous driveway a minimum of eight feet in width (with two additional feet on each side clear of all obstructions) from the street to the required parking area.

2. Allowable driveway materials include concrete, asphalt, and pavers. Turf block, center landscape strips, decomposed granite, gravel, and/or other materials may be approved through Design Review. Each driveway shall be kept free and clear of stored materials, including inoperable vehicles.

3. A driveway that provides access to a two-car garage or carport with a setback less than 24 feet from the street property line shall have a minimum width of 20 feet and a maximum width of 24 feet. A driveway that provides access to a garage or carport with a setback greater than 24 feet from the street property line may have a minimum width of 12 feet at the street property line and shall not be wider than 18 feet, except that a paved apron immediately adjacent to the garage doors may be as wide as the doors from a point 24 feet from the street property line to the garage.

4. A single family dwelling garage door that is located less than 25 feet from the street shall be provided an automatic garage door opener. No multi-family dwelling garage door shall be located closer than 25 feet from the street.

D. Clearance from obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standard, or other similar facility.

(Ord. No. 2108 § 1.)

36.310.100 Bicycle Parking.

A. Applicability. Bicycle parking shall be provided for all multi-family and retail commercial uses in compliance with this Section.

1. Multi-family uses shall provide bicycle parking spaces equal to 10 percent of the required vehicle spaces. Bicycle parking shall be distributed throughout the project.

2. Retail commercial uses with off-street parking lots shall provide a minimum of two bicycle parking spaces or up to five percent of the required vehicle spaces, and may provide up to 10 percent of the required parking with the ratio of four bicycle spaces per one vehicle space required.

B. Bicycle parking design and devices.

1. Parking equipment. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle.

2. Parking layout.

a. Bicycle parking space access aisles shall be at least five feet in width.

b. Each bicycle space shall be a minimum of two feet in width and six feet in length, and have a minimum of seven feet of overhead clearance.

c. Bicycle spaces shall be conveniently located, generally near the entrance of the main structure.

d. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet of open area, marked to prohibit motor vehicle parking.

(Ord. No. 2108 § 1; Ord. No. 2257 § 5, 2013.)

36.310.110 Loading Space Requirements.

A. Number of loading spaces required. Nonresidential uses with less than 5,000 square feet of gross floor area shall provide one loading space, which may be combined with a parking space. Nonresidential uses with 5,000 square feet of floor area or more shall provide loading space in compliance with Table 3-8. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

TABLE 3-8. LOADING SPACE REQUIREMENTS
Type of Land Use	Loading Spaces Required (1)
Manufacturing, research, and development, institutional, and service uses	1 space for first 19,999 sf; 1 additional space for each additional 20,000 sf, or fraction thereof.
Office uses	1 space for first 34,999 sf; 1 additional space for each additional 35,000 sf, or fraction thereof.
Commercial and other allowed uses	1 space for first 9,999 sf; 1 additional space for each additional 10,000 sf, or fraction thereof.
Notes: (1) The Director may increase these requirements where determined that additional loading spaces will be needed.

B. Loading area design standards. Loading areas shall be designed and constructed as follows.

1. Location. Loading spaces shall be located based on the operating characteristics of the proposed use.

a. Loading shall occur as near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible.

b. The loading facility shall be screened from adjacent streets as much as possible.

c. Loading and unloading shall take place on-site, unless unfeasible.

d. Vehicular maneuvers shall occur on-site.

e. To avoid adverse impacts upon neighboring residential properties.

2. Dimensions. Loading spaces shall be not less than 12 feet in width, 45 feet in length, with 14 feet of vertical clearance.

3. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety, in compliance with Section 36.300.090 (Outdoor Lighting). Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structures.

4. Loading doors and gates. Loading bays and roll-up doors shall be painted in compliance with Design Review Authority approval to blend with the exterior structure walls. Loading bays and doors, and related trucks shall be adequately screened from view from adjacent streets as determined by the Director.

5. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances.

6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 36.300.070 (Screening).

7. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

C. Waiver of loading space requirements. The Director may waive all or part of the requirement to provide loading spaces if all of the following findings are first made.

1. Unusual circumstances unique to the proposed project make the requirement unattainable or unnecessary; and

2. The intent of this Section is met and the criteria in Subsections B.1.c through B.1.e of this Section are satisfied.

(Ord. No. 2108 § 1; Ord. No. 2183 § 12, 2009.)

36.310.111 Valet Parking.

A. Purpose. This section provides regulations, standards, and a process for the discretionary review of proposed valet parking operations both on a short- and long-term basis located on- and/or off-street. The purpose of this section is to allow business establishments to provide suitable alternatives to on-site parking while ensuring compliance with basic health, safety, and community welfare standards.

B. Applicability. A valet parking use permit shall be required to authorize:

1. The use of on-street valet parking operation; or

2. The use of on-site valet parking operation (where loading zone is located on private property).

C. Definitions. The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:

1. “Applicant” means any person who causes to be operated a valet parking operation.

2. “Block” means all that space within two cross streets, avenues, lanes, places or drives. Where one side of the street has a longer block than the other, the longer unbroken segment shall be considered a “block” for both sides of the street.

3. “Driver” means the person driving or operating the vehicle being parked in a valet parking operation.

4. “Operator” means any person engaged in the business of a valet parking operation.

5. “Person” means a natural person, firm, partnership, association, corporation or other business entity, and employees, agents and subcontractors thereof.

6. “Loading space(s)” or “loading area” means the spaces, either on- or off-street, utilized for the valet operator to take possession of the vehicle from the owner, and return the vehicle.

7. “Receiver site” means the location of the off-street parking that the valet operator will utilize to park vehicles.

8. “Supplemental requirements letter” means the letter that the City shall provide to applicants following a pre-application meeting noting the level of traffic study/analysis required, and any other information required in addition to the information explicitly noted under submittal requirements of this division.

9. “Valet parking operation” means the receiving, taking possession of, driving, moving, parking or leaving standing any vehicle that is left at one location to be driven to another location for parking, whether or not a charge is levied, and whether or not done under contract to the business or organization for which the vehicles are being parked, or done independently. It does not include operators of public or private off-street parking operations or facilities where customers park their own vehicles and remove the keys themselves.

10. “Valet parking sign” means a sign, temporary or permanent, approved by the Public Works Director designating the location and hours of an authorized valet parking operation.

11. “Valet parking stand” or “valet stand” means the physical stand and area adjacent to the loading area for the valet operation.

D. Application filing and processing. An application for a valet 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 or applicants, should the application include multiple entities, to establish evidence in support of the findings required by subsection J of this section (Findings and decision).

E. Public hearing and noticing. Public hearing and noticing in compliance with Division 36.630 shall be required for the review of a valet parking use permit. The Planning Commission shall be the review authority for valet parking use permit.

1. Noticing. In addition to standard noticing requirement prescribed in Division 36.630, a minimum 11-by-17-inch legal notice shall be placed at the receiver site.

F. Location restrictions. Valet parking stands are restricted to CG Zone within the Central District, as identified in the Land Use Element of the General Plan.

G. Standards for valet parking. All permits issued pursuant to this chapter shall conform to the following standards:

1. Valet parking operations shall not be exclusive for patrons of a particular establishment unless the loading zone is on private property.

2. A maximum of one valet parking stand shall be permitted per block, per side of the street to promote shared valet services.

3. A maximum of three on-street parking spaces may be utilized for valet parking loading zone unless substantial evidence is provided that a specific site warrants the use of additional spaces.

4. Valet parking stands are prohibited adjacent to residentially zoned property.

5. Use of residential parking lots/areas as receiver sites is prohibited.

6. Street parking shall not be utilized in whole or in part for receiver sites.

H. Pre-application meeting. A pre-application meeting between City staff and the applicant is required during which the applicant shall provide to staff the information described in subsections (I)(1) and (2) of this section. The purpose of this meeting is to allow staff to determine the level of traffic study/analysis necessary to satisfy any required CEQA analysis specific to the proposal at issue, and also to enable staff to identify any additional information that will be required for each particular proposal and provide a supplemental requirements letter to the applicant(s) following such meeting accordingly.

I. Submittal requirements. The applicant(s) shall provide the following minimum required materials in addition to a valet parking use permit application. Additional information may be required after initial review of the proposed application by staff, in order to provide complete information for consideration by the Planning Commission.

1. Narrative. A written narrative that includes:

a. A description of how the valet service will operate;

b. The number of on-street parking spaces that will be utilized for passenger loading and unloading (if applicable);

c. The number of parking spaces available at the receiver site;

d. Days and hours of operation for valet service; and

e. Number of attendants.

2. Valet parking operation plan. The following should be included in the valet parking operation plan:

a. A diagram at a one-quarter-inch scale showing the location of valet stand, valet sign(s), customer waiting area, and width of sidewalk available to pedestrians.

b. Number of parking spaces to be utilized as loading spaces, and adjacent parking spaces and/or driveways, including dimensions.

c. Circulation map that details the route to and from the off-site parking location for both vehicles and attendants.

3. Copy of supplemental requirements letter from the pre-application meeting and all supporting materials requested in the letter.

4. Traffic study. The applicant(s) shall submit a traffic study or analysis for review by the Public Works Department that includes level of analysis detailed in the supplemental requirements letter.

5. A copy of a written contract, license or lease between the applicant and the operator of any parking facility or storage area designated as the parking or storage location, which contract or covenant shall contain a provision that it cannot be canceled without at least 30 days’ written notice to the other party and to the City, unless cancellation is directly related to suspension or revocation of the valet parking use permit.

J. Findings and decision. The Planning Commission may approve or modify a valet parking use permit application in whole or in part, with or without conditions, only after first finding that:

1. The proposed valet parking operation 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 valet parking operation would be consistent with the actions, goals, objectives, policies, and programs of the General Plan and any applicable specific plan;

3. The establishment, maintenance, or operation of the proposed valet parking location and receiver site do not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare;

4. The proposed valet parking operation will not create a negative traffic impact;

5. Access to the receiver site is adequate to accommodate the proposed valet parking operation;

6. The proposed valet parking operation has no substantial adverse impact on adjacent businesses.

K. Conditions of approval. In approving a valet parking use permit, the Commission may impose reasonable and necessary specific developmental, locational, and operational conditions relating to both on- and off-site improvements, and facility operation. Otherwise, the following standard conditions of approval shall apply to all valet parking use permits.

1. The valet parking operator is responsible for complying with all applicable requirements and conditions of the granted valet parking use permit. Noncompliance may result in revocation of valet operator’s permit in compliance with subsection L of this section.

2. Valet operator must suspend receiving additional vehicles when the receiver site is full; no on-street parking shall be utilized to park valeted vehicle.

3. Upon the issuance of the first citation for violation of the California Vehicle Code in any week to either the operator or its employees, a police officer and/or City Manager designee may suspend all operations of the valet parking operator, except for retrieval of vehicles already subject to valet parking, for the remainder of the day’s hours of operation and up to a week, depending on the severity of the violation. Upon the issuance of a second citation in a six-month period, staff may immediately suspend the valet parking use permit while proceeding with revocation or modification procedures in compliance with Section 36.640.070 (Zoning Approval Revocation and Modification).

4. Upon the occurrence of any traffic accident arising out of the operating conditions within or around a valet parking operation a police officer and/or City Manager designee may suspend all operations of the valet parking operator, except for retrieval of vehicles already subject to valet parking, for the remainder of the day’s hours of operation and up to a week depending on the severity of the situation.

5. The operator must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the name, address and telephone number of the operator, the rates charged, the hours of operation, and, unless the loading zone is on private property, clearly indicate that the operation is open to the public. Sign language, size, colors, etc. shall be approved by the Director of Public Works prior to posting/installation.

6. The operator shall, upon the receipt of each motor vehicle accepted for valet parking, give a claim check to the owner. The claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.

7. A copy of the operator’s valid business license and route diagram must be maintained at the valet parking operation site.

8. The City may charge street usage or facility usage fees for the use of city streets and properties by valet parking operators.

9. The City shall charge sign fees for the cost of installation, maintenance, and removal of any valet-parking-related signs and curb markings.

10. Use, occupation and obstruction of the public right-of-way which is permitted under this permit may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Chief of Police, Director of Public Works, and/or City Manager or designee, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, special events, construction activities, cleaning efforts or other similar activities, or with the health, welfare or safety of the public.

11. Permits for the use of the public right-of-way shall be considered temporary and nonpermanent in nature, and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.

12. The applicant and each successor in interest to the property which is the subject of this project approval, shall defend, indemnify and hold harmless the City of South Pasadena and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval of the City, City Council or City Planning Commission concerning this use.

13. Applicant must pay annual fee for use of sidewalk, consistent with sidewalk dining permit fee.

14. Should the proposal include the use of any part of the public right-of-way, a $1,000,000 liability insurance policy naming the City of South Pasadena as the additional insured must be provided to the Public Works Department prior to commencing the valet parking operation. This insurance policy shall be kept current during the duration of the valet parking operation.

L. Post approval procedures.

1. Expiration and extension. To ensure continued compliance with the provisions of this section, each approved valet parking use permit shall expire 12 months from the effective date of approval, unless a shorter period is otherwise specified in the permit, if the use has not been established. No time extensions shall be granted.

2. Revocation or modification. A valet parking use permit may be suspended with a 24-hour notice to the operator, while City staff proceeds with revocation or modification procedures in compliance with Section 36.640.070 (Zoning Approval Revocation and Modification).

M. Valet operator’s permit.

1. Granting of valet operator’s permit. Following the granting of a VPUP, the valet operator of the applicant’s choice shall apply for a valet operator’s permit in conjunction with a City business license. The application shall include a statement signed by the operator stating that the operator understands the conditions of approval of the applicable VPUP under which the operator would be operating. An operator’s permit shall be approved or denied by the Director of Planning and Building or his/her designee.

2. Revocation of valet operator’s permit. Revocation of a valet operator’s permit shall be in compliance with the following:

a. Notice of intent to revoke. The following may result in a notice of intent to revoke by the Director of Planning and Building:

(1) A written report of the police department or any officer or employee of the City disclosing asserted violation of law, ordinance, or conditions of approval of applicable VPUP.

(2) A written complaint verified by a police officer or City employee in their official capacity.

b. Revocation. A valet operator’s permit may be revoked by the Director of Planning and Building a minimum of 10 days following delivery of the notice of intent to revoke to the VPUP holder and the valet operator, if it is found that the permittee operated in violation of any law, ordinance, or conditions of approval of the applicable VPUP. The holder of the VPUP may choose to employ a different valet operator, subject to the same regulation of this section, and the conditions of approval of the applicable VPUP.

c. Repeat revocation of valet operator’s permit. Failure to comply with a VPUP’s conditions by two separate operators that both result in revocation of the valet operator’s permit shall result in the suspension of the related VPUP in compliance with subsection (L)(2) of this section as staff proceeds with either modification or revocation of said VPUP.

(Ord. No. 2297 § 5, 2016.)

Division 36.320. Signs

Sections:

36.320.010 Purpose of Division.

36.320.020 Applicability.

36.320.030 Sign Permit Requirements.

36.320.040 Prohibited Signs.

36.320.050 Permitted Signs.

36.320.060 General Requirements for All Signs.

36.320.070 Zoning District Sign Standards.

36.320.080 Standards for Specific Types of Signs.

36.320.090 Nonconforming Signs.

36.320.100 Violations and Abatement.

36.320.110 Definitions.

36.320.010 Purpose of Division.

The regulations established by this Division are intended to regulate the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

A. Promote the aesthetic quality of the community by providing for signs that enhance the attractiveness of the City as a place to live, work, and shop;

B. Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;

C. Safeguard and protect the public health, safety, and general welfare.

(Ord. No. 2108 § 1.)

36.320.020 Applicability.

A. Signs regulated. The requirements and development standards in this Division shall apply to all signs in all zoning districts.

B. Applicability to sign content. The provisions of this Division do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

C. Definitions. Definitions of the specialized terms and phrases used in this Division are in Section 36.320.110.

(Ord. No. 2108 § 1.)

36.320.030 Sign Permit Requirements.

No sign shall be installed, constructed, or altered unless it is first approved in compliance with this Section.

A. Fees and plans required. An application for a Sign Permit shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing). The application shall also include architectural elevations showing proposed signs in place, and a plan of each proposed sign drawn to a scale sufficient for adequate City review, with all dimensions noted. The application shall also include illustrations of copy, colors, and materials, and samples of the proposed colors and materials.

B. Review and approval. The Design Review Board shall review all Sign Permit applications and approve only those found to be in substantial conformance with all applicable requirements of this Division. The Design Review Board may require conditions of approval as are reasonably necessary to achieve the purposes of this Division.

C. Master Sign Plan.

1. When required. A Master Sign Plan shall be approved by the Design Review Board prior to the issuance of any Sign Permit for:

a. A new nonresidential project with three or more tenants; and

b. Major rehabilitation work on an existing nonresidential project with three or more tenants, that involves exterior remodeling. For the purposes of this Division, major rehabilitation means adding more than 50 percent to the gross floor area of the building/buildings, or exterior redesign of more than 50 percent of the length of any facade within the project.

All signs installed or replaced within the nonresidential project shall comply with the approved Master Sign Plan.

2. Content of plan. A Master Sign Plan shall provide standards for the uniform style, size, and placement of signs within the proposed nonresidential project.

3. Revisions. A new Master Sign Plan approval shall be obtained for substantial revisions to the original approval, as determined by the Director. If proposed changes are determined by the Director to be minor, the revisions may be reviewed and approved by the chair of the Design Review Board. If the changes are major, Design Review Board review and approval shall be required.

D. Time limit for action. A Sign Permit or a Master Sign Plan shall be approved or disapproved by the review authority within 30 days of the application being accepted as complete in compliance with Section 36.400.040 (Application Preparation and Filing); except that where the application is filed concurrently with another request for City approval for the project (e.g., a Conditional Use Permit), the Sign Permit or Master Sign Plan application shall be acted upon concurrently with the overall project application.

(Ord. No. 2108, § 1.)

36.320.040 Prohibited Signs.

The following types of signs and devices shall be specifically prohibited:

A. Abandoned signs;

B. Blinking or flashing signs;

C. Balloons and other inflatable devices;

D. Internally illuminated “can” signs (a rectangular box with a translucent face, containing light fixtures that direct light through letters and/or background placed on the translucent face);

E. Illegal signs;

F. Moving signs (except for clocks, time and temperature signs or other public service signs);

G. Obscene signs (see California Penal Code Section 311 et seq.);

H. Off-site signs;

I. Pennants;

J. Pole signs and other freestanding signs over six feet in height;

K. Roof signs;

L. Signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic; and

M. Statuary or representative figures used for advertising purposes.

(Ord. No. 2108, § 1; Ord. No. 2275, § 1, 2014.)

36.320.050 Permitted Signs.

The following signs may be permitted in compliance with the zoning district requirements, sign standards, and sign permit procedures and DRB approval requirements of this Division, and the City’s Design Guidelines for signs.

A. Awning and suspended signs (Section 36.320.080.A);

B. Banners (Section 36.320.080.B);

C. Freestanding/monument signs (Section 36.320.080.C);

D. Off-site directional signs (Section 36.320.080.D);

E. Portable sidewalk signs (Section 36.320.080.E);

F. Projecting signs (Section 36.320.080.F);

G. Suspended signs (Section 36.320.080.G);

H. Temporary signs (Section 36.320.080.H);

I. Wall signs (Section 36.320.080.I); and

J. Window signs (Section 36.320.080.J).

Figure 3-19. Examples of Sign Types

(Ord. No. 2108 § 1.)

36.320.060 General Requirements for All Signs.

A. Sign area measurement. The measurement of sign area for the purpose of determining compliance with Sections 36.320.070 and 36.320.080 be measured as follows.

1. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter, composed of squares or rectangles with no more than eight lines. See Figure 3-20.

Sign Area

Figure 3-20. Sign Area

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3. The area of a double-faced (back-to-back) freestanding or projecting signs shall be calculated as a single sign face if the distance between each sign face does not exceed one foot at any point.

4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-21.

Figure 3-21. Sign Area. 3-D Sign

5. For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.

B. Sign height measurement. Sign height shall be measured as the vertical distance from the lowest point of the base of the sign structure to the highest point of the sign. The lowest point of the sign structure shall not include fill, planters, or other material artificially placed to allow increased sign height. See Figure 3-22.

Figure 3-22. Sign Height

C. Sign location requirements.

1. All signs identifying an occupant, business, or use shall be located on the same site as the occupant, business, or use.

2. A sign may project over an adjacent public right-of-way only when authorized by an encroachment permit as well as a Sign Permit. No sign shall be located within a public right-of-way, except as otherwise allowed by this Division.

3. The approval of a Sign Permit or Master Sign Plan shall require that the Design Review Board determine that each sign is located so that:

a. A freestanding or projecting sign is set back from property lines a distance that is appropriate for its height and area;

b. Wall or projecting signs relate to the architectural design of the building, and that no signs cover windows, or spill over natural boundaries in the facade design and architectural features;

c. The sign does not unreasonably block the sight lines of existing signs on adjacent properties; and

d. The sign does not adversely affect pedestrian or vehicular safety.

D. Sign illumination. The artificial illumination of signs from an external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.

1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2. The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (e.g., residential neighborhoods or business districts with little or no illuminated signing) applicants shall be encouraged to use light, illuminated copy against dark or opaque backgrounds.

3. Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color.

4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

6. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

7. Light sources should utilize energy efficient fixtures to the greatest extent possible.

E. Maintenance of signs. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times, in compliance with the approved plans and Sign Permit. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance, and may be abated in compliance with Municipal Code Chapter 24.

When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.

(Ord. No. 2108 § 1.)

36.320.070 Zoning District Sign Standards.

Only the signs and sign area authorized by this Section shall be allowed unless otherwise expressly provided in Section 36.320.080 (Standards for Specific Types of Signs).

A. Residential, and Commercial Office (CO) zoning districts.

1. Number, type, and area of signs allowed. A parcel in a residential zoning district may be permitted one unlighted, wall mounted/flush sign, not to exceed two square feet in area. In addition, multi-family developments and parcels within the Commercial Office (CO) district may be permitted one monument sign not to exceed 12 square feet, or 24 square feet with Design Review Board approval. Wall signs shall be located below the roof edge or eave. Monument signs shall not exceed three feet in height, or six feet with Design Review Board approval.

2. Findings for approval. The approval of a Sign Permit in the residential and professional commercial office zoning districts shall require that the review authority first make all the following findings:

a. The sign does not exceed the standards of this Division, and is of the minimum size and height necessary to enable motorists and pedestrians to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site; and

b. The size, location, and design of the sign is visually complementary and compatible with the size and architectural style of the primary structures on the site, any prominent natural features of the site, and structures and prominent natural features on adjacent properties on the same street.

B. Commercial and industrial zoning district sign standards. Signs in the commercial and industrial zoning districts established by Section 36.200.020 (Zoning Map and Zoning Districts) shall comply with the requirements in Table 3-9.

TABLE 3-9. SIGN STANDARDS FOR COMMERCIAL ZONES
Allowed Sign Types	Maximum Sign Height	Maximum Number of Signs Allowed per Parcel	Maximum Sign Area Allowed per Parcel
Outdoor Signs Visible from a Street
Awning	Below roof (1)	Single tenant site: 3 of any combination of allowed sign types per primary building frontage. 1 of any allowed sign type per secondary frontage. Multi-Tenant Site: For a site or building with 2 or more tenants, 1 of any allowed sign type per business frontage.	Interior and/or corner parcel: 1 sf for each linear ft of primary building frontage (for buildings with multiple frontages, or a corner frontage such as within a shopping center, 1 sf for each linear foot of primary frontage plus 0.5 sf for each foot of one additional secondary frontage (i.e., rear, alley, or driveway frontage)). The total area of all signs on a single building frontage shall not exceed the total linear feet in that frontage. No more than 200 sf is allowed for each use.
Freestanding	3 ft; 6 ft with DRB approval (see Section 36.320.080.C)
Projecting, Wall	Below roof (1)
Suspended	Below eave/canopy; with lowest point of sign at least 8 ft above grade.
Temporary/ Portable	See Sections 36.320.080.E and 36.320.080.H.
Window	See Section 36.320.080.J
Indoor Signs, and Outdoor Signs Not Visible from a Street
Awning, Freestanding, Projecting, Suspended, Wall,Window	Below roof (1)	See Section 36.320.080, as applicable.
Notes: (1) At least one foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang.

(Ord. No. 2108 § 1.)

36.320.080 Standards for Specific Types of Signs.

Proposed signs shall comply with the following standards where applicable, in addition to the sign area and height limitations, and other requirements of Section 36.320.070 (Zoning District Sign Standards), and all other applicable provisions of this Division.

A. Awning signs. The following standards apply to awning signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. Signs on awnings are limited to ground level and second story occupancies only.

2. Awnings shall not be internally illuminated, except that lettering on the awning valence may be backlit. Indirect lighting may be allowed elsewhere. Translucent awning materials are prohibited.

3. Awning lettering shall be limited to eight inches in height.

4. The lowest edge of the awning shall be at least 8 feet above any sidewalk below.

B. Banners. Banners, including commercial real estate banners, may be displayed subject to the following standards.

1. Required City approvals. A banner permit shall be obtained from the Department prior to the display of any banner, provided that a banner permit shall not be issued sooner than 14 days after the end of a previous permit.

2. Time limits.

a. Commercial real estate banners. A commercial real estate banner permit may be issued only for a six-month period, provided that the permit may be renewed at the discretion of the Director.

b. All other banners. Banners may be displayed on a temporary basis only, for a maximum of 30 consecutive days, and for no more than 90 cumulative days per calendar year.

3. Limitation on number. No more than one banner per business, and no more than one commercial real estate banner per building shall be permitted or displayed at any time.

4. Banner size. The total surface area of any banner shall not exceed 32 square feet.

5. Materials. Banners must be made of pliable, weather-resistant, durable materials, including canvas, vinyl, or similar materials.

C. Freestanding/monument signs. The following standards apply to freestanding and monument signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. Sign height is limited to three feet, except that the Design Review Board may approve a sign with a maximum height of six feet where it determines that site or business visibility would be inadequate with a lower height.

2. Sign width is limited to eight feet.

3. A sign may be placed only on a site frontage adjoining a public street.

4. Multiple signs shall be separated by a minimum of 75 feet to ensure adequate visibility for all signs. The Director may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical.

5. The signs shall not project over public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic safety sight areas.

6. To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers should be a minimum of six inches in height. Address plates shall not be calculated as part of the allowed sign area.

D. Off-site directional signs. Because of the City’s compelling interest in ensuring traffic safety, and the City’s interest in improving public convenience, off-site directional signs may be allowed in compliance with the requirements of this Subsection, and subject to the approval of a Sign Permit.

1. Where allowed. Directional signs may be approved within the commercial zoning districts, only on sites where:

a. The review authority determines that a property owner has taken advantage of all permanent signs allowed by this Division, and site visibility remains seriously impaired; and

b. The structure to which directions are being provided is on a lot that is located more than 150 feet from a predominant public street frontage, the site is developed with all other signs allowed by this Division, and the business entry and the other exterior signs allowed for the site by this Division are not visible from the predominant public street. The “predominant public street” shall mean the major vehicular route that provides access to the site and surrounding area.

2. Sign standards. An approved directional sign shall comply with all the following requirements.

a. Number, size, and height limitations. Only one off-site directional sign shall be allowed. The sign shall not exceed an area of four square feet, or a total height of six feet.

b. Design and construction standards. The appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.

c. Placement requirements. The sign shall be placed only on private property, at the location specified by the Sign Permit.

E. Portable sidewalk signs. Each business may display one portable sidewalk sign in compliance with the following standards.

1. Required City approvals.

a. Design Review. The design of each portable sidewalk sign shall be approved by the Design Review Board.

b. Encroachment permit. An encroachment permit shall be obtained from the Public Works Department before any sign is placed in the public right-of-way. A public liability insurance policy, approved by the City attorney and naming the City of South Pasadena and its officers and employees as insured, shall be provided the City prior to issuance of an encroachment permit.

2. Sign size. Each sign shall not exceed a width of 2’-6”. Sign height shall be limited to four feet, except that signs for businesses fronting on Fair Oaks Avenue and Huntington Drive may have a height of five feet. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the sign.

3. Sign placement. A portable sidewalk sign shall be placed only within the boundaries of the applicable business’ street frontage, and shall be positioned so that it will not:

a. Obstruct the sidewalk clearance required by the Americans with Disabilities Act (ADA).

b. Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the City Engineer.

c. Interfere with people exiting and entering parked cars.

4. Stabilization. The sign shall be stabilized to withstand wind gusts or must be removed during windy conditions.

5. Daily removal. The sign shall be removed from the sidewalk at the close of business.

F. Projecting signs. The following standards apply to projecting signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. The maximum projection of a sign from a building wall over a public right-of-way shall not exceed 36 inches over a sidewalk, and 24 inches over a traffic way (e.g., an alley).

2. The maximum height of a projecting sign shall not exceed 14 feet, eave height, parapet height, or sill height of a second floor window, whichever is less. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

3. A projecting sign shall be installed to maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.

Figure 3-23. Use of Icons/Symbols

4. Icon signs using shapes or symbols uniquely suited to the business, creative shapes and three-dimensional signs are encouraged. See Figure 3-23.

5. The sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.

6. Sign supports shall be well-designed and compatible with the design of the sign.

7. Interior illuminated boxed display signs (“can” signs) are prohibited.

G. Suspended signs. The following standards apply to suspended signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. The bottom edge of a suspended sign shall not be closer than eight feet to a walking surface below.

2. Suspended signs shall not be internally illuminated. Indirect lighting may be allowed.

3. Lettering shall be limited to eight inches in height.

H. Temporary signs. Temporary signs are allowed in all zoning districts subject to the following requirements.

1. Maximum area and height. Sign area shall not exceed six square feet and sign height shall not exceed 48 inches.

2. Number. No more than one temporary on-site sign shall be placed on any parcel. Temporary window signs shall be limited to 20 percent of the window area.

3. Duration. No temporary sign shall be in place for more than 30 days, and after removal, the site shall be free from temporary signs for a minimum of 30 days.

I. Wall signs. The following standards apply to wall signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. Wall signs may be located on the building frontage facade, and on any other building face where approved by the review authority.

2. The area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, recesses, and the flat plane projection of sloping roofs.

3. The signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches.

4. The signs shall not project above the eave line or the edge of the roof of a building.

5. The signs shall not be placed so as to interfere with the operation of a door or window.

J. Window signs. The following standards apply to window signs in all zoning districts where allowed by Section 36.320.070 (Zoning District Sign Standards).

1. Permanent window signs.

a. Signs shall be allowed only on windows located on the ground level and second story of a building frontage.

b. Permanent window signs shall not occupy more than 20 percent of the total window area.

c. Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.

2. Temporary window signs. Temporary window signs may be allowed subject to the following limitations.

a. The signs may be displayed inside a window for a maximum of 15 days.

b. The area of the signs shall not exceed 20 percent of the total window area, including permanent signs.

c. Signs shall only be located within the ground-floor windows of the structure.

(Ord. No. 2108 § 1.)

36.320.090 Nonconforming or Abandoned Signs.

A. Nonconforming sign. A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this Zoning Code. A nonconforming sign shall be removed in compliance with Business and Professions Code Section 5497.

B. Abandoned sign. An abandoned sign is any permanent or temporary on-site or off-site sign that relates to business goods that are no longer sold or produced, and/or where services are no longer provided. Where business goods are no longer sold or produced or where services are no longer provided, any on- or off-premise signs shall be removed in a workmanlike manner within 180 days of the termination of the business or service.

(Ord. No. 2108 § 1.)

36.320.100 Violations and Abatement.

A sign is in violation of this Zoning Code if the size, materials, or any other regulated aspect of the sign does not comply with the requirements of this Division, and/or if the sign is installed without having first received all City approvals required by this Division.

A. Public Nuisance. Any sign erected or maintained contrary to the provisions of this Division may be declared a public nuisance following proceedings in compliance with California Business and Professions Code Section 5499.1, et seq. Pursuant to Business and Professions Code Section 5499.16, these proceedings are an alternative to any other procedures set forth in the South Pasadena Municipal Code.

B. Misdemeanor. Violation of any of the provisions of this Division is a misdemeanor pursuant to the provisions of Section 1.7 of the Municipal Code.

(Ord. No. 2108 § 1.)

36.320.110 Definitions.

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

A-Frame Sign. See “Portable Sidewalk Sign.”

Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

Awning Sign. A sign copy or logo attached to or painted on the valence of an awning.

Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

Bench Sign. Copy painted on a portion of a bench.

Blinking or Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

Can Sign (Cabinet Sign). A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays.

Freestanding/Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

Ground Mounted Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.

Illegal Sign. An illegal sign is any sign:

1. Erected without first complying with all regulations in effect at the time of its construction or use;

2. That was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;

3. That was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;

4. That was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

5. That is a danger to the public or is unsafe;

6. Which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or

7. That pertains to a specific event, and five days have elapsed since the occurrence of the event.

Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.

Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

Nonconforming Sign. An advertising structure or sign that was lawfully erected and maintained prior to the adoption of this Zoning Code, but does not now completely comply with current regulations.

Obscene Sign. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to prurient interest and as a while depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value.

Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

Off-Site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise.

Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

Portable Sidewalk Sign. A temporary “a-frame” or “sandwich board” sign that is placed on a public sidewalk to advertise a nearby business.

Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward. Includes blade signs.

Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product.

Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

Suspended Sign. A pedestrian-oriented sign that is suspended from the underside of a canopy, arcade structure, or similar structure.

Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.

(Ord. No. 2108 § 1.)

Division 36.330. Landscaping Standards

Sections:

36.330.010 Purpose of Division.

36.330.020 Applicability.

36.330.030 Landscape Plan Approval Required.

36.330.040 Landscape Location Requirements.

36.330.050 Maintenance for Landscape Areas.

36.330.060 Landscaping Education.

36.330.010 Purpose of Division.

This Division provides landscape standards for proposed development to improve the livability and attractiveness of South Pasadena, and to protect public health, safety, and welfare by:

A. Preserving and enhancing the visual character of the community, and providing cooling shade;

B. Enhancing and increasing compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers;

C. Provide for the conservation and safeguard of water resources through the efficient use of water, appropriate use of plant materials, and regular maintenance of landscaped areas; and

D. Ensure that landscape installations do not create hazards for motorists or pedestrians.

(Ord. No. 2108 § 1; Ord. No. 2247 § 3, 2013.)

36.330.020 Applicability.

A. The provisions of this Division apply to all new proposed development. An addition to a structure that is 25 percent or more of the floor area of the existing structure shall require that the entire parcel be brought into compliance with the requirements of this Division.

1. In addition, the following landscape projects shall comply with Article III (Water-Efficient Landscape Ordinance) of Chapter 35 (Water) of the South Pasadena Municipal Code:

a. Any amount of landscaping associated with, and required for new construction of private projects including commercial, institutional, multi-family residential, and single-family residential;

b. New and/or re-landscaped areas that are 2,500 square feet or greater and are associated with new construction projects that involve an addition that is 25 percent or greater than the gross floor area of the existing multi-family or commercial structure;

c. New and/or re-landscaped areas that are 2,500 square feet or greater and are associated with new construction projects that involve an addition to a single-family home where the size of the additional floor area is 25 percent or greater than the home’s existing gross floor area on the first floor;

d. Rehabilitated landscaped areas that are 2,500 square feet or greater and are not associated with new construction for multi-family residential, commercial, and other properties (excludes single-family homes).

2. The Water-Efficient Landscape Ordinance does not apply to landscaping for the following properties:

a. A registered State or Federal historical site, or a local designated Cultural Heritage Landmark;

b. Any property listed on the Cultural Heritage Inventory where the Cultural Heritage Commission determines that the landscaping is a contributing element of the cultural resource;

c. Botanical gardens and arboretums open to the public;

d. Single-family residences unless there is landscaping associated with new construction or an addition to a single-family residence.

3. Landscape concept plan. Should a specific development project require compliance with this Division and the Water-Efficient Landscape Ordinance, no Zoning Approval shall be granted until the Review Authority has approved a Landscape Concept Plan pursuant to Article III (Water Conservation in Landscaping) of Chapter 35 (Water) of the South Pasadena Municipal Code.

4. Landscape permit required. Should a specific development project require compliance with this Division and the Water-Efficient Landscape Ordinance, no Building Permit shall be issued until the Director has approved a Landscape Permit pursuant to Article III (Water Conservation in Landscaping) of Chapter 35 (Water) of the South Pasadena Municipal Code.

No Building Permit shall be issued, and no construction activity shall commence on the site, until the Director has verified that the landscape project submitted with the Building Permit application is as approved by the Review Authority.

B. In the case of an existing use, if the amount of required landscaping cannot be accommodated because of existing buildings or other physical constraints on the site, the applicant shall provide whatever additional landscaping toward meeting these landscape requirements that the Review Authority determines can be reasonably accommodated.

(Ord. No. 2108 § 1; Ord. No. 2247 § 3, 2013.)

36.330.030 Landscape Plan Approval Required.

A. Landscape Plan. A Landscape Plan shall be submitted as part of an application for a land use entitlement for new development, or the significant expansion or redevelopment of an existing use as for Review Authority review and approval.

1. For the purposes of this Section, “significant expansion” means a 25 percent or greater increase in the ground floor footprint of a single-family dwelling, or a 25 percent or greater increase in the total floor area of another land use.

2. For single-family dwellings, the plan shall cover areas of the site visible from public streets; for other development, the plan shall cover all areas of the site required to be landscaped by Section 36.330.040 (Landscape Location Requirements).

No Building Permit shall be issued and no construction activity shall commence on the site until the Director has verified that the landscape plan submitted with the Building Permit application is as approved by the Review Authority.

B. Content. A Landscape Plan shall contain information as specified in the instructions for preparing landscape plans provided by the Department.

C. Statement of surety. When required by the Director, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period. The Director may require statements of surety for phased projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all of a project’s landscaping before occupancy of the site.

D. Minor changes to approved plans. Landscape plan approval may include the review authority authorizing minor changes from the requirements of this Division.

(Ord. No. 2108 § 1; Ord. No. 2183 § 13, 2009.)

36.330.040 Landscape Location Requirements.

Landscaping shall be provided in the locations specified below except for single-family uses.

A. Setbacks. All setback and open space areas required by this Zoning Code, and easements for utilities, and drainage courses shall be landscaped, except where a required setback is screened from public view, landscaping would adversely affect existing drainage or erosion control plans, or it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Division.

B. Unused areas. All areas of a project site not intended for a specific use, including pad sites in shopping centers held for future development, shall be landscaped unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Division.

C. Parking areas. Parking areas shall be landscaped in compliance with the following requirements.

1. Landscape materials. Landscape materials shall be evenly-distributed throughout the parking lot using a combination of trees, shrubs, and ground cover. At the time of planting, shrubs shall be a minimum container size of five gallons; trees shall be a minimum of 24-inch box.

2. Curbing. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the Director.

3. Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands.

4. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions.

5. Parking lot perimeter landscaping. Parking area perimeters shall be landscaped as follows. Tree spacing requirements of this Subsection may be adjusted during Design Review based upon the growth characteristics and proper maintenance practices for the species of trees proposed.

a. Location and size of landscape areas.

(1) Adjacent to streets. Parking areas for nonresidential uses adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the zoning district or 10 feet, whichever is more. Parking areas for residential uses shall not be located within the required setback areas.

(2) Screening plant materials. The landscaping shall be designed and maintained to screen cars from view from the street and shall be a height of between 30 and 36 inches at maturity. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices to meet the intent of this requirement, however screening materials may not use only solid masonry walls without plant cover.

(3) Shade trees. Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area, and may include areas of clustered trees.

b. Adjacent to side or rear property lines. Parking areas for nonresidential uses shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include a required yard or buffer area. Trees shall be provided at the rate of one for each 30 linear feet of landscaped area.

c. Adjacent to structures. When parking areas are located adjacent to nonresidential structures, a minimum five-foot wide landscape strip (inside dimension) shall be provided adjacent to the structure and shall include trees planted at the rate of one for each 30 feet of landscape area.

d. Adjacent to residential use. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum 10-foot width between the parking area and the common property line bordering the residential use. A solid masonry wall or fence and landscape buffer shall be provided along the property line to address land use compatibility issues such as nuisance noise and light or glare. One tree shall be provided for each 30 linear feet of landscaped area.

6. Interior parking lot landscaping. Landscaping is required within parking lots to provide shade, reduce pavement heat gain and adjacent building heating during the summer, and soften the appearance of large paved areas.

a. Minimum area of landscaping. A minimum of 10 percent of the total off-street parking area shall be landscaped with trees, shrubs, and groundcover; except that this requirement may be reduced during Design Review where it is determined that the specific proposed landscape design will better achieve the intent of this Subsection. The perimeter landscaping required by Subsection C.5 shall not be considered part of the required parking lot landscaping.

b. Shading requirement. Canopy trees shall be provided throughout the parking area at the equivalent of one tree for every four spaces, to provide shade. The required trees may be clustered if approved during Design Review.

c. Planter dimensions. Planters with trees shall have a minimum interior dimension of five feet by five feet. All ends of parking lanes shall be separated from drive aisles by landscaped islands. Diamond shaped landscaped areas shall not be permitted. See Figure 3-24 for appropriate planter designs.

Figure 3-24. Parking Lot Planter Areas

d. Larger projects. Parking lots with more than 150 spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification.

(Ord. No. 2108 § 1; Ord. No. 2183 § 14, 2009.)

36.330.050 Maintenance of Landscape Areas.

A. Maintenance required. All landscaped areas shall be maintained in a healthful and sound condition at all times, in compliance with the approved Landscape Plan. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Division. The maintenance required by this Section shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; the replacement of dead or diseased plants; pruning; and weeding all landscaped areas.

B. Water waste prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited.

(Ord. No. 2108 § 1.)

36.330.060 Landscaping Education.

The project applicant shall provide information to prospective buyers of new single-family homes regarding water-efficient landscaping techniques. A sample of the information to be provided shall be submitted to the Director for approval prior to issuance of a Building Permit.

(Ord. No. 2108 § 1.)

Division 36.340. Hillside Protection

Sections:

36.340.010 Purpose of Division.

36.340.020 Applicability.

36.340.030 Permit and Application Requirements.

36.340.040 Hillside Development Design Guidelines.

36.340.050 Hillside Project Development Standards.

36.340.010 Purpose of Division.

The standards of this Division are intended to:

A. Preserve the City’s scenic resources by encouraging retention of natural topographic features and vegetation;

B. Acknowledge that as the slope of a development site increases so does the potential for environmental degradation including slope failure, increased erosion, sedimentation and stormwater run-off; and

C. Encourage grading practices that are appropriate in hillside areas; and

D. Encourage structures on hillside parcels to be designed with scale, massing, architectural design and detailing appropriate to maintain hillsides in a natural, open character.

(Ord. No. 2108 § 1.)

36.340.020 Applicability.

A. Sloping sites. The standards in this Division apply to subdivisions, uses, structures, and to all other development on sites with an average of slope of 20 percent or greater.

B. Exceptions. The provisions of SPMC 36.340.050 (Hillside Project Development Standards) shall not apply to parcels within the AM (Altos de Monterey) overlay zone, which are instead subject to the requirements of SPMC 36.250.030 (Altos de Monterey (AM) Overlay District). Additionally, Hillside Project Development Standards shall not apply to parcels identified as potential suitable sites for affordable housing as listed in the Housing Element (Table VI-50 for the 2021-2029 (6th Cycle) Housing Element).

C. Determination of average slope. Average slope shall be determined by applying the following formula.

Average Slope Formula: S =	100 (I x L)
	A

Where:

S = Average natural slope in percent.

I = Contour interval in feet, at not more than 10 foot intervals, resulting in at least five contour lines being shown on the contour map.

L = The sum of the length of all the contour lines across the parcel in scale feet. See Figure 3-25.

A = The gross area of the building site in square feet.

Figure 3-25. Measurement of Contour Line Length to Determine “L” in Slope Formula

D. Guest parking spaces. Section 36.340.050H applies only to properties located on the following streets in the Southwest Monterey Hills area of the city: Hanscom Drive, Peterson Avenue, Illinois Drive, Hill Drive, Harriman Avenue, Randolph Avenue, Hulbert Avenue, Elkins Street, Moffatt Street.

(Ord. No. 2108 § 1; Ord. No. 2166 § 1, 2007; Ord. No. 2386 § 5 (Exh. A), 2024.)

36.340.030 Permit and Application Requirements.

Development that is subject to this division shall require a Hillside Development Permit (SPMC 36.410.065) and Design Review (SPMC 36.410.040). The application shall include:

A. Basic application contents. All information and materials required by SPMC 36.400.040 (Application Preparation and Filing), and all additional materials required by the application contents handout provided by the Department for hillside development; and

B. Geotechnical report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, a final geotechnical report may also be required as part of a subsequent Building Permit application.

C. Constraints analysis. For properties that have sensitive environmental resources including endangered plants and animals, or a wildlife corridor designated by the City, a qualified professional approved by the Director shall prepare a site constraints analysis in compliance with SPMC 36.380.030. The report shall include proposed mitigation measures to effectively protect important biological features identified.

(Ord. No. 2108 § 1; Ord. No. 2183 § 15, 2009; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. 2348 § 3 (Exh. A), 2020.)

36.340.040 Hillside Development Design Guidelines.

Proposed hillside development should satisfy as many of the following objectives as feasible, as determined through the Design Review process.

A. Terrain alteration. The project should be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided. Large-scale slope terracing, cribwalls, or significant slope modification is discouraged. Where alteration of the terrain is necessary, contour grading techniques should be utilized to help achieve a natural appearing slope. (See Section 36.340.050.F and Figure 3-33.)

B. Street layout. Any new streets should follow the natural contours of the terrain to minimize the need for grading. Cul-de-sacs and loop roads are encouraged where necessary to fit the natural topography, subject to the approval of the City Engineer and Fire Chief.

C. Location of structures. Structures should be located in the most accessible, least visually prominent, and most geologically stable portion or portions of the site. They should also be oriented with the natural contours of the site. Siting structures in the least visually prominent locations is especially important on open hillsides where the prominence of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.

D. Site layout and structure design. Building and site design should utilize varying setbacks and structure heights, split-level foundations, and low retaining walls to blend structures into the terrain.

E. Architectural design.

1. Form. Building forms should complement the character of the hillsides and avoid massive structures that dominate views of the hills.

2. Scale and windows—Infill lots. The scale of homes proposed on infill lots should be compatible with buildings on adjacent parcels. Where feasible, windows, balconies, and outdoor living areas should be located to protect the privacy of adjacent homes and yards.

3. Exterior wall surfaces. The apparent size of exterior wall surfaces visible from off the site should be minimized through the use of single story elements, setbacks, overhangs, roof pitches, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

4. Roofs. Roof pitches should generally be placed to follow the angle of the slope; but with variations to avoid a monotonous appearance. See Figure 3-26.

Figure 3-26. Design Sensitive to Terrain

Note: This diagram is intended to provide an example of building form,
and is not intended to show a preferred architectural style.

5. Support structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house, should be enclosed unless visible structural members are an integral feature of the architectural design. Support structure wall surfaces shall not exceed six feet in height.

F. View protection. New construction should not block views from other properties.

1. Where feasible, new structures and tall landscaping should not be placed directly in the view of the primary living areas on a neighboring parcel.

2. New structures should be placed on the lower areas of a hillside site.

3. Mechanical equipment may be placed on rooftops or below a deck only if the equipment is not visible from off the site, except for unobtrusive solar collectors that are compatible with the roof line and architecturally integrated with the structure.

Figure 3-27. View Protection

G. Colors and materials. A mixture of materials, color, and forms should be used to blend structures with the natural appearance of the hillsides:

1. Based upon the graphic principle that dark colors are less noticeable than light colors, darker tones, including earth tones should be used for building walls and roofs on highly visible sites so that buildings appear to blend in with the natural terrain.

2. Surface materials should be appropriate for the architectural style of the structure and compatible with the hillside environment.

H. Exterior lighting. Night views of the hillsides should not be dominated by bright lights. Lighting within high-visibility areas should be properly shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures.

I. Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No retaining wall shall be higher than six feet, and should incorporate a three-foot recessed offset feature every 30 feet, or other methods of articulation. Retaining walls more than three feet high that are visible from off the site should be screened with landscaping. See Figure 3-28.

Figure 3-28. Retaining Wall Design

(Ord. No. 2108 § 1.)

36.340.050 Hillside Project Development Standards.

A. Setbacks. Hillside developments shall comply with the following setback requirements, and with the limitations on the allowable uses of setbacks in SPMC 36.300.030(E)(3).

TABLE 3-10. HILLSIDE SETBACKS
Property Setback	Setback Distance
Front	10 ft.
Side	10 percent of width, minimum 4 ft., maximum 10 ft.
Corner Side	10 percent of width, minimum 10 ft., maximum 15 ft.
Ridgeline (1)	50 vertical ft. from ridgeline. Also see SPMC 36.340.050(C), and Figure 3-31.
Notes: (1) New structures or additions are prohibited within 50 feet of a ridgeline unless this restriction precludes development of the property. An exception may be granted if the review authority finds the following: a. There are no site development alternatives that avoid ridgeline development; b. The density has been reduced to the minimum standards consistent with the General Plan density range; c. No new subdivision of parcels is created that will result in ridgeline development; and d. The proposed development will not have significant adverse visual impacts due to modifications in structural design including height, bulk, size, foundation, siting, and landscaping that avoid or minimize the visual impacts of the development.

B. Setbacks between structures and toes/tops of slopes. On adjacent lots having a difference in vertical elevation of three feet or more, the required side yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. See Figure 3-29.

Figure 3-29. Side Setback Measurement

C. Height limitations. The maximum height for structures with a roof pitch of 3:12 or greater shall be 28 feet. If a roof pitch is less than 3:12, the maximum height shall be 24 feet.

1. Siting restrictions. Structures shall not be placed so that they appear silhouetted against the sky when viewed from a public street, except where the review authority determines that the only feasible building site cannot comply with this standard. See Figure 3-30.

Figure 3-30. Silhouetted Structures

2. Placement below ridgeline. Except as provided by subsection (C)(3) of this section, structures shall be located so that a vertical separation of at least 50 feet is provided between the top of the structure and the top of the ridge or knoll to maintain the natural appearance of the ridge. Grading should also be avoided within 50 vertical feet of the top of a ridge or knoll. Placement of structures should also take advantage of existing vegetation for screening, and should include the installation of additional native plant materials to augment existing vegetation, where appropriate. See Figure 3-31.

Figure 3-31. Location of Structures Below Ridgelines

3. Height limit above ridgeline. Where the review authority determines that a parcel contains no feasible building site other than where a structure will extend above the ridgeline, proposed structures shall not exceed a height of 16 feet above the highest point on the ridgeline or hilltop within 100 feet of the proposed structure.

4. Height of lowest floor level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet.

5. Downhill building walls. No single building wall on the downhill side of a house shall exceed 15 feet in height above grade. Additional building height on a downhill side may be allowed in 15-foot increments, where each increment is stepped back from the lower wall a minimum of 10 feet (see Figure 3-32).

Figure 3-32. Height Limit for Downhill Building Walls

D. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks should be integrated into the architecture of the house, not appearing as an “add-on” to the primary building mass.

E. Driveways. The ramp to any garage or carport shall not have a grade steeper than five percent within 10 feet of the garage or carport entry. The finished grade of driveways shall not exceed an average of 15 percent.

F. Natural state. A minimum of 25 percent of the lot area plus the percentage figure of the average slope must be remediated to its natural state in terms of slope and vegetation.

G. Grading. Grading plans shall be prepared in compliance with the Municipal Code and the General Plan. Grading on slopes over 30 percent shall be permitted when sufficient technical information has been provided to support the determination that such development would have no negative impacts on the subject property, adjacent properties, or on the safety and welfare of the public. Grading shall utilize landform grading techniques. See Figure 3-33.

Figure 3-33. Appropriate Grading

H. Southwest Monterey Hills guest parking spaces. The following guest parking space standards apply only to hillside properties (as defined in SPMC 36.340.020(A)) in the Southwest Monterey Hills area as defined by SPMC 36.340.020(D).

1. Required off-street guest parking spaces shall be provided in accordance with SPMC 36.310.040, Table 3-6 (Parking Requirements by Land Use). An application for a new house, or addition to an existing house that lacks the required off-street parking, shall provide details on the location and dimensions of required guest parking space(s), which shall be located perpendicular (or as close as possible to 90 degrees) to the right-of-way, and within or partially within the required front setback. If physical constraints preclude this location, the applicant shall provide written documentation of these constraints and provide the required off-street guest parking in the following order of preference:

a. Parallel to the street and at least 10 feet wide by 24 feet deep. Access to a parallel parking space shall not be impeded by landscaping, trees, retaining walls, fences, the alignment of the right-of-way, or any other obstacle. Clear access shall be permanently retained; or

b. Other locations as approved by the Director. (The onus is placed on the applicant to demonstrate to the satisfaction of the Director that such a location will be functional and allow vehicles to be parked with no portion encroaching into the right-of-way.)

2. Paving limits. Front yard paving limits as listed in SPMC 36.300.030(E)(3)(c) (Setback Measurement and Exceptions) shall be observed, except when the required guest parking space(s) can only be located in the front yard.

3. Slope. The slope of uncovered parking space(s) shall comply with the standards in SPMC 36.310.080(G)(2) (Parking Design Standards) and 36.340.050(E) (Hillside Project Development Standards).

4. Dimensions. Uncovered perpendicular spaces shall be at least nine feet wide by 18 feet deep. Uncovered parallel spaces shall be at least 10 feet wide by 24 feet deep.

5. Allowable materials. Parking space materials shall conform to the standards listed in SPMC 36.310.090(C)(2) (Driveways and Site Access).

(Ord. No. 2108 § 1; Ord. No. 2166, 2007; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

Division 36.350. Standards for Specific Land Uses

Sections:

36.350.010 Purpose of Division.

36.350.020 Applicability.

36.350.030 Adult Businesses.

36.350.040 Alcoholic Beverage Establishments.

36.350.050 Assisted Living Facilities.

36.350.060 Automated Teller Machine (ATMs).

36.350.070 Bed and Breakfast Inns (B&Bs).

36.350.080 Child Day Care Facilities.

36.350.090 Gas Stations.

36.350.110 Live/Work Units.

36.350.120 Mixed Use Projects.

36.350.130 Outdoor Dining.

36.350.140 Outdoor Display and Retail Activities.

36.350.160 Recycling Facilities.

36.350.170 Residential Uses—Accessory Residential Structures and Private Residential Recreational Facilities.

36.350.180 Residential Uses—Courtyard Housing.

36.350.190 Residential Uses—Multi-family Project Standards.

36.350.200 Residential Uses—Accessory Dwelling Units (ADUs).

36.350.205 Residential Uses—Private Sports Courts.

36.350.210 Telecommunications Facilities.

36.350.220 Warehouse Retail and Large-Scale Commercial Projects.

36.350.230 Community Gardens.

36.350.240 Marijuana Businesses and Cultivation.

36.350.250 Emergency Shelters.

36.350.260 Single Room Occupancy (SRO).

36.350.265 Residential Uses—Employee Housing.

36.350.010 Purpose of Division.

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.)

36.350.020 Applicability.

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.)

36.350.030 Adult Businesses.

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.)

36.350.040 Alcoholic Beverage Establishments.

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.)

36.350.050 Assisted Living Facilities.

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.)

36.350.060 Automated Teller Machine (ATMs).

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.)

36.350.070 Bed and Breakfast Inns (B&Bs).

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.)

36.350.080 Child Day Care Facilities.

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.)

36.350.090 Gas Stations.

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.)

36.350.110 Live/Work Units.

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.)

36.350.120 Mixed Use Projects.

A. Applicability. The following provisions apply to commercial projects that integrate retail and/or office uses with residential uses on the same parcel.

B. Density. The maximum allowable density for the residential component of a mixed use project shall be 24 dwelling units per acre.

C. Location of uses. Commercial and residential uses within a mixed-use project shall be fully separated, with residential units limited to the rear portion of the first story, and/or on the second and higher stories.

(Ord. No. 2108 § 1.)

36.350.130 Outdoor Dining.

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.)

36.350.140 Outdoor Display and Retail Activities.

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 right-of-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 on-street 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.)

36.350.160 Recycling Facilities.

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.)

36.350.170 Residential Uses—Accessory Residential Structures and Private Residential Recreational Facilities.

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.

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.)

36.350.180 Residential Uses—Courtyard Housing.

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.

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.

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.

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.)

36.350.190 Residential Uses—Multi-family Project Standards.

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. Discourage on-site parking 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 except duplexes shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space).

1. Area required. Private open space shall be provided at a ratio of 200 square feet per dwelling unit. Common open space shall be provided based on the size of the project, as follows.

TABLE 3-11. MULTI-FAMILY COMMON OPEN SPACE
Project size	Common Open Space Required	Private Open Space Required
3 to 4 units	200 sf	200 sf per unit
5 to 10 units	500 sf
11 to 30 units	1,000 sf
31 and more units	2,000 sf

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. Dimensions. All open space areas shall be of sufficient size to be usable by residents.

(1) Private open space areas shall have a minimum dimension of eight feet on any side, and a configuration that would accommodate a rectangle of at least 100 square feet.

(2) Common open space areas shall have a minimum dimension of 20 feet on any side.

c. 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.

d. 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.)

36.350.200 Residential Uses—Accessory Dwelling Units (ADUs).

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 Section 65852.2, 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. 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 or JADU may not be owned or sold separately from the primary dwelling. The City may require a deed restriction in a form approved by the City Attorney to enforce the restrictions set forth in this section.

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).

1. Location.

a. Number of ADUs. One ADU, either attached or detached, and one JADU shall be allowed on a single-family property.

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 or detached, 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. A hillside development permit may be required, consistent with SPMC 36.340.

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. Design Review Board 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 Section 65852 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. 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.

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.

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.

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 10-foot 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.

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 two detached accessory dwelling units may be located on lots with a multifamily dwelling.

3. 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.

4. Detached ADU standards. The accessory dwelling units shall maintain four-foot side and rear yard setbacks, and shall not exceed 16 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.

5. Conversion ADUs. Nonliving 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.

G. Development standards applicable to ADUs on all properties.

1. Two-story ADUs. Except as approved by the Design Review Board pursuant to subsection (E)(1)(d) of this section, a two-story ADU shall comply with the following standards as applicable. 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 18-inch 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 industry-standard 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.

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-of-way 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 right-of-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 16 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 (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 (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 65852.2(f)(1) 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.)

36.350.205 Residential Uses—Private Sports Courts.

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-pertinent-development-standards of the zoning district.

(Ord. No. 2145 § 1.)

36.350.210 Telecommunications Facilities.

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 roof-mounted 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.

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, roof-mounted, 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.)

36.350.220 Warehouse Retail and Large-Scale Commercial Projects.

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 right-of-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.

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.)

36.350.230 Community Gardens.

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 right-of-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.)

36.350.240 Marijuana Businesses and Cultivation.

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.)

36.350.250 Emergency Shelters.

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.)

36.350.260 Single Room Occupancy (SRO).

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.

Setbacks: Front and Streetside Side Rear	25 feet 5 feet 15 feet
Lot Coverage	60%
Unit Size	Min: 150 sf Max: 500 sf
Height	35 feet

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 single-family 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.

36.360.010 Purpose of Division.

This Division establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels.

A. Within the zoning districts established by this Zoning Code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Code or future amendments. These are considered nonconforming uses, structures, and parcels.

B. This Division does not apply to land uses, structures, and parcels that were illegally established, constructed, or subdivided. These are instead subject to Division 36.640 (Enforcement).

(Ord. No. 2108 § 1.)

36.360.020 Nonconforming Uses, Structures, and Parcels.

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

A. Continuation of use. Any nonconforming use may be maintained and continued; provided, there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use.

B. Abandonment or discontinuance of use.

1. Any part of a structure or land occupied by a nonconforming use, which use is:

a. Abandoned, shall not again be used or occupied for a nonconforming use;

b. Discontinued for a period of at least 12 months, shall not again be used or occupied for a nonconforming use, unless the use is nonconforming due to parking, in which case the use would not be considered to be abandoned or discontinued (see also Section 36.360.060(B)); or

c. Changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.

2. Without any further action by the City, a nonconforming use shall not retain the nonconforming protection/benefits provided by this Division if:

a. The nonconforming use of land, or a nonconforming use within a structure, ceases for any reason for a continuous period of at least 180 days:

(1) A vacant nonconformity may be occupied by a use for which it was designed if so occupied within a period of 180 days after the effective date of the ordinance codified in this Zoning Code or after the date when the nonconformity first became vacant.

(2) If the use is discontinued for a continuous period of 180 days, the land or structure shall lose its nonconforming status, and shall be altered to conform to the current provisions of this Zoning Code. The use shall be considered discontinued when any of the following apply:

(a) The intent of the owner to discontinue use of the nonconformity is apparent; or

(b) Where characteristic furnishings and equipment of the use have been removed and not replaced with equivalent furnishings and equipment during this time.

(3) The determination of discontinuance (a.k.a. abandonment) shall be supported by evidence, satisfactory to the Director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).

b. The structure in which the nonconforming use is conducted or maintained is moved any distance on the site for any reason, or is removed from the site.

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

C. Change from one nonconforming use to another. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a more restrictive classification. However, the replacement use shall serve as the “new bench mark” in terms of establishing the acceptable level of nonconformity.

D. Maintenance of a nonconforming structure. Any nonconforming structure may be maintained and continued; provided, there is no physical change other than necessary maintenance and repair to the structure, except as allowed by this Division.

E. Legally established residential parcel. An existing residential parcel that is nonconforming with respect to lot size, and was legally subdivided, is a legal, nonconforming parcel, and is not affected by the minimum lot size requirements of this Zoning Code for new subdivisions. Each nonconforming parcel may continue to be used, but shall not be further divided. Each residential structure existing on a nonconforming residential parcel may continue to be used, and may be enlarged in compliance with this Zoning Code.

F. Made nonconforming by this Zoning Code. Any legally established use or structure made nonconforming by the adoption of this Zoning Code shall be considered legal nonconforming, and fully protected by the provisions of this Division.

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

36.360.030 Application of Regulations.

The following provisions shall apply to all nonconforming uses and structures, located within any zoning district in the City.

(Ord. No. 2108 § 1.)

36.360.040 Continuation of Nonconforming Uses and Structures.

Except as otherwise provided in this Division, each and every nonconforming use or structure may be continually utilized and maintained, provided that there is no addition, alteration, or enlargement to any use or structure.

(Ord. No. 2108 § 1.)

36.360.050 Limitation on Other Uses.

Except as hereinafter expressly provided, so long as a nonconforming use or structure exists upon any parcel, no new use or structure may be established or constructed on the parcel.

(Ord. No. 2108 § 1.)

36.360.060 Exemptions and Exceptions.

A. Residential uses or structures.

1. A nonconforming single- or multifamily dwelling unit or an associated accessory residential structure that has been involuntarily damaged or destroyed by fire, explosion, act of God, or any other casualty, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, floor area, building height, and density standards) in compliance with State law (Government Code Section 65852.25), provided:

a. The applicant provides documentation satisfactory to the Director supporting the claim that the damage or destruction occurred involuntarily;

b. No expansion of the gross floor area occurs, except that a detached garage or carport may be enlarged to meet (but not exceed) current minimum Code requirements; and

c. The replacement structure complies with all applicable Building Code requirements; and

d. A Building Permit is issued no later than 18 months after the date of destruction, and construction is diligently pursued to completion.

2. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Zoning Code in effect on the date of application for the required Building Permit. If the applicant submits a written request before expiration of the 18 months, containing a reasonable justification for an extension, the Director may extend the deadline for the issuance of the Building Permit for up to an additional 18 months.

B. Change of use with nonconforming parking. A use that is nonconforming only because it does not comply with applicable off-street parking requirements, may be changed to a use allowed in the zoning district that is required by Section 36.310.040 (Number of Parking Spaces Required) to provide off-street parking at the same ratio as the nonconforming use. A more intense use may be allowed provided an Administrative Use Permit is obtained. A parking study or other materials/information found to be satisfactory to the Director, may be required for the granting of an Administrative Use Permit.

C. Public utilities exempted. The provisions of this Division concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this Division be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features, as are used directly for the delivery of or distribution of the service.

D. Public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Division by reason of a reduction in a required parcel area, yard area, or reduction of off-street parking facilities, occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Division, provided that if the structures located on the parcel subsequent to the acquisition, are wholly destroyed, no reconstruction shall take place unless it is in full compliance with all applicable provisions of this Zoning Code.

(Ord. No. 2108 § 1; Ord. No. 2190 § 7, 2009; Ord. No. 2257 § 6, 2013.)

36.360.070 Abatement and Termination of Use.

Except as expressly provided in this Division, whenever any of the following facts are found to exist with respect to a nonconforming use, the use shall be abated and the use terminated.

A. Violation. Violation of any applicable law;

B. Change to nonconforming use. A change from a nonconforming use to another nonconforming use, except as provided by this Division;

C. Change to conforming use. A change from a nonconforming use to a conforming use;

D. Increase in area. An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use, except as provided by this Division, and the requirements of the Uniform Building Code are met. New additions or alterations shall not increase existing nonconformities;

E. Structural alteration. Any structural alteration, except those required by law; or

F. Abandonment. Abandonment (discontinuance of the utilization of a nonconforming use for a period of at least 180 days shall be deemed to constitute abandonment), in compliance with Subsection 36.360.020.B (Abandonment or discontinuance of use), above.

(Ord. No. 2108 § 1.)

36.360.080 Repair and Maintenance.

A. Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming structure shall be allowed only in compliance with this Section.

B. Eminent domain. The reconstruction, remodeling, or repair of any structure shall be allowed where a part of the structure is taken for any public use by condemnation, dedication, or purchase by any agency having the power of eminent domain. The reconstruction, remolding, or repair shall be limited to that necessary to render the structure reasonably safe for continued use.

C. Involuntary damage or destruction—Nonresidential structures. Where any nonconforming nonresidential structure is involuntarily damaged or partially destroyed by fire, explosion, Act of God, or any other casualty:

1. To the extent that the costs for repair or replacement do not exceed 60 percent of the total replacement cost of the structure, as established by the Building Official, in any single calendar year, use of the structure may be resumed in compliance with the provisions applicable before the involuntary damage occurred.

2. To the extent that the costs for repair or replacement exceed 60 percent, or the structure is voluntarily razed or is required by law to be razed, use of the structure shall not be resumed, except in full conformance with the current provisions of this Zoning Code.

Provided that:

a. All reconstruction and/or repair work shall be completed within a period of 18 months from the date of application for the required Building Permit. If the applicant submits a written request before expiration of the 18 months, containing a reasonable justification for an extension, the Director may extend the deadline for completion for up to an additional 18 months;

b. Historic landmarks and structures in historic districts shall be eligible for an extended period of time in which to complete the reconstruction and/or repair work as determined to be appropriate by the Director; and

c. The reconstruction or replacement structure shall be subject to Design Review in compliance with Section 36.410.040 (Design Review).

(Ord. No. 2108 § 1.)

36.360.090 Alterations or Additions to Nonconforming Structures.

Nothing in this Division shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as “work”) of a nonconforming structure as follows:

A. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Zoning Code;

B. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Zoning Code;

C. Increase in area. The work shall be allowed if it results in an increase or enlargement of the area, space, or volume of the structure only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase and landing area encroachments, and the requirements of the Uniform Building Code are met. New additions or alterations shall not increase existing nonconformities (e.g., the construction may comply with the existing nonconforming setbacks but shall not propose any further encroachment into the required setbacks);

D. Damaged by earthquake. A nonconforming structure damaged by an earthquake or that has been identified as subject to the provisions of City Council Ordinance Number 1912 (The Earthquake Hazard Reduction in Existing Buildings), may be replaced with a new structure having the same nonconformity, provided further, that any additions or enlargements beyond that of the original structure shall conform to all applicable current developmental standards. The replacement structure shall be subject to Design Review in compliance with Section 36.410.040 (Design Review);

E. Nonresidential off-street parking.

1. The work shall be allowed in connection with any nonresidential use or structure which is nonconforming solely by reason of an insufficient number of off-street parking spaces, and the work would not otherwise require, by reason of the construction or reconstruction, any additional parking spaces.

2. If the number of existing off-street parking spaces is insufficient to comply with the requirements after the expansion, increase, or modification, additional parking spaces shall be added. The number of spaces to be added shall be equal only to the number required for the area of expansion, increase, or modification. Any additional required off-street parking spaces shall be developed in compliance with Division 36.310 (Parking and Loading).

F. Residential off-street parking.

1. If the work is in connection with a residential unit that is listed on the City’s Cultural Heritage Inventory (hereinafter “cultural resource”) and is nonconforming due to an insufficient number of covered parking spaces, the Director may waive the requirement for two covered spaces if as part of a Certificate of Appropriateness, the Cultural Heritage Commission first determines that either of the following circumstances apply:

a. Providing the two covered parking spaces would otherwise result in a substantial adverse change in the historic significance of a cultural resource; or

b. Providing the two covered parking spaces would jeopardize the integrity of the cultural resource (as defined in National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation).

In determining whether to waive the requirement for two covered parking spaces in connection with work to a cultural resource, all of the following conditions shall exist:

c. The existing garage contributes to the historic significance of the cultural resource. Supporting documentation shall be provided to show that the existing garage was constructed during the period of significance of the cultural resource.

d. The existing garage space can accommodate at least one vehicle.

e. The historic garage shall be structurally sound or, if deteriorated, the Cultural Heritage Commission approves a rehabilitation plan for the historic garage as part of the Certificate of Appropriateness approval.

f. The second required parking space can be accommodated outside of the existing covered parking space within an existing legal driveway, tandem space, carport, etc.

g. Increases in square footage to the cultural resource would not exceed 50 percent of the square footage of the floor area within the structure that legally existed as of the date of adoption of the ordinance codified in this Section, including any detached accessory buildings and/or guest house.

h. The proposed work is not associated with the addition of a second residential unit as authorized in SPMC Section 36.350.200, or is not associated with an increase in the number of dwelling units on land zoned for multi-family uses.

(Ord. No. 2108 § 1; Ord. No. 2183 § 17, 2009; Ord. No. 2243 § 4, 2013.)

36.360.100 Conditional Use Permit Requirements.

A. Use allowed with Conditional Use Permit approval. If a land use was legally established without the requirement for a Conditional Use Permit, but would be required by current Zoning Code provisions to have a Conditional Use Permit, that use shall:

1. Not be considered a nonconforming use; and

2. Not be altered in any way unless a Conditional Use Permit is first obtained.

B. Use no longer allowed with Conditional Use Permit approval. A land use that was established with Conditional Use Permit approval, but is not allowed with Conditional Use Permit approval by the current Zoning Code may continue only in compliance with the original Conditional Use Permit. If the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.

(Ord. No. 2108 § 1.)

36.360.110 Unlawful Uses and Structures.

A. Violations. Uses and structures which did not comply with the applicable provisions of this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning Code and are subject to the provisions of Division 36.640 (Enforcement).

B. Illegal uses and structures prohibited. This Division does not grant any right to continue occupancy of property containing a use or structure that was unlawfully established.

C. Permits required. The unlawful use or structure shall not continue unless/until permits and entitlements required by this Zoning Code and the Municipal Code are first obtained.

(Ord. No. 2108 § 1.)

36.360.120 Altos de Monterey Nonconforming Use Provisions.

The following requirements apply within the AM overlay zoning district instead of the preceding provisions of this Division.

A. Illegal uses, structures and lots. The following requirements apply to uses, structures, and lots that were illegal pursuant to the Municipal Code prior to the adoption of the AM overlay zone.

1. Illegal—Failure to obtain proper permits. Any building, lot or use that was illegal pursuant to the Municipal Code before adoption of the AM overlay zone, because the current or former owner failed to obtain proper permits in compliance with the Municipal Code, shall not be considered legalized by any provision of the AM overlay zone. The building, lot or use shall remain subject to abatement irrespective of its location within the geographic area of the AM overlay zoning district.

2. Illegal—Failure to conform to SPMC requirements. Any building, lot or use that was illegal pursuant to the South Pasadena Municipal Code before adoption of the AM overlay zone, because it failed to conform to the Code’s development standards or other requirements, may be considered legalized by operation of law upon the effective date of the AM overlay zone, if it conforms with the standards and requirements set forth in the AM overlay zone (Section 36.250.030).

B. Nonconforming uses, structures, and lots. The following requirements apply to uses, structures, and lots that were legally established in compliance with to the Municipal Code prior to the adoption of the AM overlay zone, but which became nonconforming as a result of the adoption of the AM overlay zone.

1. Nonconforming status. Any building, lot or use that was legal pursuant to the South Pasadena Municipal Code before adoption of the Overlay Zone, but which became illegal pursuant to the standards and requirements of the Overlay Zone, shall be deemed legal, nonconforming.

2. Allowable changes. Changes to legal, nonconforming buildings, lots or uses shall be allowed as follows:

a. Standard maintenance and repair shall occur as deemed necessary by the property owner or upon request by the City pursuant to any and all applicable laws.

b. A nonconformity will be allowed to continue without any specified termination date, but the nonconformity shall not be exacerbated by alteration or expansion of the existing building, lot or use.

c. Partial destruction or demolition shall be governed by the regulations set forth in the other Sections of this Division.

d. The total destruction or demolition of the building, lot or use shall result in a forfeiture of its legal, nonconforming status. Any replacement or rebuilding shall be in conformance with AM overlay zone standards and all applicable laws and regulations.

3. Items stored in required setback areas. As required by the AM overlay zone, recreational vehicles, automobiles, boats and similar objects may not be stored or parked for more than 72 hours in any required yard setback. Any storage of such objects must occur behind a solid fence or wall so as to be screened from public view.

4. Alterations and expansions. The alteration or expansion of a legal nonconforming building, lot, or use that does not intensify or increase any existing nonconformity and which otherwise complies with the development standards in Section 36.250.030 shall be allowed. Any alteration or expansion that expands, intensifies, enlarges or modifies an existing nonconformity of the main building may be allowed by obtaining a Variance or Conditional Use Permit, as applicable. An alteration or expansion which expands, intensifies, enlarges or modifies an existing nonconformity of the main building shall be limited to 15 percent of the main building area and shall not be subject to further Variance.

(Ord. No. 2108 § 1.)

Division 36.370. Affordable Housing Incentives

Sections:

36.370.010 Purpose of Division.

36.370.020 Eligibility for Affordable Housing Incentives.

36.370.030 Density Bonus Allowance.

36.370.040 Incentives and/or Concessions.

36.370.050 Waivers.

36.370.060 Alternative Parking Standards.

36.370.070 Density Bonus for Land Donations.

36.370.080 Density Bonus and Incentives for Childcare Facilities.

36.370.090 Location of Designated Dwelling Units.

36.370.100 Processing of Density Bonus Review and Affordable Housing Review.

36.370.110 Affordable Housing Covenant.

36.370.010 Purpose of Division.

This division provides incentives for the development of specific housing types that are affordable to the types of households and qualifying residents identified in SPMC 36.370.020 (Eligibility for Affordable Housing Incentives), including, but not limited to, very low income, lower income, moderate income, and senior households, in accordance with Government Code Section 65915. The provisions of this division shall be interpreted to fulfill the requirements of Government Code Section 65915, as the same may be amended from time to time. All references to Government Code Section 65915 shall be interpreted to include amendments to that section as may be enacted by the state from time to time. If any provision of this division should conflict with a provision of such statute, the statutory provision shall prevail.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023.)

36.370.020 Eligibility for Affordable Housing Incentives.

A. A housing development that qualifies for a density bonus and other incentives pursuant to Government Code Section 65915 shall be eligible for the affordable housing incentives identified in this division. The applicant shall comply with all requirements stated in Government Code Section 65915.

B. Except as otherwise required by Government Code Section 65915, density bonus units shall not be included when calculating the total number of housing units for purposes of determining the number of affordable units that qualifies the housing development for a density bonus.

C. An applicant shall not receive a density bonus or any other affordable housing incentive under this division if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to “replace” existing housing units, as required by State law.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023.)

36.370.030 Density Bonus Allowance.

A. For a housing development qualifying pursuant to the requirements of Government Code Section 65915 the City shall grant a density bonus in an amount specified by Government Code Section 65915.

B. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be as stated in Government Code Section 65915.

C. Each component of any density calculation, including base density and bonus density, that results in a fractional unit shall be separately rounded up to the next whole number.

(Ord. No. 2252 § 4, 2013. Formerly 36.370.040; Ord. No. 2380 § 3, 2023.)

36.370.040 Incentives and/or Concessions.

A. If requested by the applicant, a project that qualifies for a density bonus in accordance with SPMC 36.370.020(A) also shall be entitled to the number of incentives or concessions as set forth in Government Code Section 65915(d). A request for a concession(s) or incentive(s) should be accompanied by documentation demonstrating that the concession(s) or incentive(s) results in identifiable and actual cost reductions to provide for affordable housing costs, as further described in Government Code Section 65915(d)(1)(A). The applicant is entitled to the concession(s) or incentive(s) requested unless the City makes a written finding, based upon substantial evidence, of any of the relevant written findings as stated in Government Code Section 65915(d)(1).

B. Senior citizen housing developments that qualify for a density bonus solely pursuant to Government Code Section 65915(b)(1)(C) shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

C. For the purposes of this division, incentive and/or concession shall have the same meaning as the term “concession or incentive” as defined in Government Code Section 65915(k).

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.030.)

36.370.050 Waivers.

A. Except as restricted by Government Code Section 65915, the applicant for a project that qualifies for a density bonus in accordance with SPMC 36.370.020 may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of Government Code Section 65915(b), at the densities or with the concessions or incentives permitted by Government Code Section 65915. The applicant may request a meeting with the City to discuss any waiver requests. A request for a waiver or reduction of development standards should be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density permitted by State law and/or incorporating any incentives or concessions required to be granted.

B. The applicant is entitled to the waiver(s) requested unless the City makes a written finding, based upon substantial evidence, of any of the relevant written findings as stated in Government Code Section 65915(e).

C. As used in this section, “development standard” shall have the same meaning as the term is defined in Government Code Section 65915(o)(2).

(Ord. No. 2380 § 3, 2023.)

36.370.060 Alternative Parking Standards.

An applicant proposing a project that complies with the requirements found in SPMC 36.370.020 may request, and is entitled to, the parking ratios identified by Government Code Section 65915(p).

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.070.)

36.370.070 Density Bonus for Land Donations.

A. Land donation bonus. An applicant proposing a tentative subdivision map, parcel map, or other residential development that donates land to the City as provided for in this section shall be entitled to a density bonus as provided for in this section.

B. Requirements for bonus. In order to grant a bonus for the donation, all of the requirements set forth in Government Code Section 65915(g)(2) must be met.

C. Density bonus allowance for land donations. If an applicant donates land in compliance with requirements set forth in subsection (B) of this section, a density bonus as set forth in Government Code Section 65915(g)(1) shall be granted.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.050.)

36.370.080 Density Bonus and Incentives for Childcare Facilities.

A. An applicant proposing to construct a housing development that conforms to the requirements of Government Code Section 65915(b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either an additional density bonus or a concession or incentive as provided for in Government Code Section 65915(h)(1).

B. A proposed project shall be eligible for the density bonus or concession or incentive described in this section only if the project is made subject to, and the project applicant agrees to adhere to the conditions of approvals set forth in, Government Code Section 65915(h)(2).

C. As used in this section, “childcare facility” shall have the same meaning as the term is defined in Government Code Section 65915.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.060.)

36.370.090 Location of Designated Dwelling Units.

A. Location/dispersal of units. The designated dwelling units reserved as affordable units shall contain on average the same number of bedrooms as the market rate units. The designated dwelling units shall be dispersed throughout the development, and shall have the same materials and finish quality as the market rate units, and shall include a dishwasher, and washer and dryer if those appliances are provided in the market rate units.

B. Alternative development site. The review authority may authorize some or all of the designated dwelling units reserved as affordable units associated with one housing development to be produced and operated on an alternative development site, where it determines that the public interest would be more effectively served. Affordable housing units authorized on an alternate site shall be constructed and made available for occupancy prior to or at the same time as the market rate units are constructed and made available for occupancy, unless otherwise approved by the review authority.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.080.)

36.370.100 Processing of Density Bonus Review and Affordable Housing Review.

A. Density bonus review or affordable housing review. A request for a density bonus, including any requests for incentives and/or concessions or waivers, shall be reviewed administratively by the Director. If a project that includes a request for a density bonus is also subject to another discretionary entitlement request that requires approval by the Planning Commission or City Council, the density bonus request, including any requests for incentives and/or concessions or waivers, shall be reviewed by the Planning Commission or City Council through the affordable housing review process.

B. Application and filing processing. An application for a density bonus, incentive(s) and/or concession(s), or waiver(s), shall be filed in compliance with SPMC 36.400 (Application Filing and Processing).

C. Density bonus review. If a density bonus is requested for a project that is subject only to ministerial review and approval, the Director shall process and grant the density bonus, alternative parking standards, and any incentives and/or concessions and waivers for that proposed project; provided, that the Director finds that the project is in compliance with the requirements of Government Code Section 65915 and the provisions of this division. No public hearing or noticing is required for such requests. Solely the applicant may appeal the decision of the Director to the City Manager on the grounds of an error in the application of this division or State law. In making such an appeal, the applicant shall adequately describe the error in the application of this division or State law.

D. Affordable housing review. The Planning Commission shall conduct an affordable housing review for proposed density bonus projects that include any discretionary approvals concurrently with the Commission’s review of the other discretionary approval(s). Following proper noticing and a public hearing pursuant to Division 36.630 (Public Hearings), the Planning Commission, if it finds that the proposed project complies with applicable sections of this division and State law, shall grant the density bonus, reduced parking standards, incentives and/or concessions, and waivers requested, unless it makes necessary findings as set forth in this division and State law to reject the requested density bonus, reduced parking standards, incentives and/or concession, waivers, or any combination thereof.

E. Decision. Notice of the Director or Planning Commission decisions pursuant to this division shall be mailed to the project applicant within five days of the decision. The granting of a request for a density bonus, incentive, or concession pursuant to this division shall not be effective until an affordable housing covenant has been recorded in compliance with SPMC 36.370.110.

F. Appeal. A decision for an affordable housing review may be appealed in compliance with SPMC 36.610 (Appeals).

G. Continued availability. All projects for which a density bonus review and/or affordable housing review is granted by the appropriate review authority must maintain continued affordability of the designated units pursuant to State law.

H. Pursuant to SPMC 36.370.110 (Affordable Housing Covenant), the Director is authorized to execute the necessary agreement which shall include recordation of a covenant or other document satisfactory to the City Attorney prior to the issuance of a building permit.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.090.)

36.370.110 Affordable Housing Covenant.

Following the granting of a density bonus request or an affordable housing review in compliance with SPMC 36.370.100 (Processing of Density Bonus Requests and Affordable Housing Review), the applicant shall enter into an agreement with the City in a form approved by the Director and City Attorney to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens in accordance with Government Code Section 65915. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this division, such agreement shall be recorded as a covenant against the property.

In order to ensure the affordability of housing pursuant to this division, the covenant shall include, but not be limited to, the following provisions with respect to the long term affordability of the residential project:

A. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

B. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City;

C. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low and very low-income households, as published by the United States Department of Housing and Urban Development (HUD);

D. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

E. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

F. In any action taken to enforce compliance with deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services;

G. In the case of for-sale housing developments, the affordable housing covenant shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period:

1. Designated dwelling units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior housing.

2. The applicable restriction period in compliance with the provisions of this division and State law.

3. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:

a. Restricts the sale of the unit in compliance with this division during the applicable use restriction period,

b. Contains provisions as the City may require to ensure continued compliance with this division and State law, and

c. Shall be recorded against the parcel containing the designated dwelling unit;

H. In the case of rental housing developments, the affordable housing covenant shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:

1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants,

2. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this division,

3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the number of bedrooms and monthly rent or cost of each unit, and

4. The applicable use restriction period in compliance with this division and State law;

I. The covenant shall include the following information:

1. The total number of units approved for the housing development, including the number of designated dwelling units,

2. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines,

3. The marketing plan for the affordable units,

4. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units,

5. Duration of the use restrictions for designated dwelling units, in compliance with this division and State law,

6. A schedule for completion and occupancy of the designated dwelling units,

7. A description of the additional incentive(s) being provided by the City,

8. A description of the remedies for breach of the affordable housing covenant by the owners, developers, and/or successor(s)-in-interest of the project, and

9. Other information as necessary for the City to verify the implementation of, and compliance with, this division;

J. Execution of covenant.

1. Following agreement on the terms of the covenant by all parties, the City shall record the completed covenant on the parcels designated for the construction of designated dwelling units, at the Los Angeles County Registrar Recorder’s/County Clerk’s Office.

2. The approval and recordation shall take place prior to the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The covenant shall be binding to all future owners, developers, and/or successors-in-interest.

(Ord. No. 2252 § 4, 2013; Ord. No. 2380 § 3, 2023. Formerly 36.370.100.)

Division 36.375. Inclusionary Housing Requirements

Sections:

36.375.010 Purpose.

36.375.020 Applicability.

36.375.030 Exemptions.

36.375.040 Definitions.

36.375.050 Inclusionary Unit Requirement.

36.375.060 Alternatives to On-Site Provision.

36.375.070 Standards Governing Inclusionary Units.

36.375.080 Streamlined State Density Bonus Review.

36.375.090 Application.

36.375.100 Conditions of Approval.

36.375.110 In-Lieu Fee Payment and Administration.

36.375.010 Purpose.

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

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

36.375.020 Applicability.

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

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

36.375.030 Exemptions.

This division shall not apply to the following:

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

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

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

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

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

36.375.040 Definitions.

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

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

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

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

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

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

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

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

36.375.050 Inclusionary Unit Requirement.

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

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

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

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

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

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

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

36.375.060 Alternatives to On-Site Provision.

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

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

B. For rental projects of five or more units, the applicant may choose one of the following, subject to Planning Commission approval:

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

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

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

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

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

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

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

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

36.375.070 Standards Governing Inclusionary Units.

A. Inclusionary units shall be dispersed throughout the project.

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

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

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

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

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

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

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

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

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

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

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

36.375.080 Streamlined State Density Bonus Review.

A. Purpose. For projects including on-site inclusionary units as required herein, the following design incentives process offers an alternative, streamlined State density bonus process. Design incentives are intended to encourage architectural designs that are well-conceived, thoughtfully detailed, consistent with the character of the City and compatible with the zoning district in which they are located.

B. Applicability. Design incentives may be requested for any project that provides all required inclusionary units on site and for which a density bonus is requested pursuant to SPMC 36.370, provided the site is located in:

1. Any mixed-use zoning district; or

2. Any multifamily residential district.

C. Consistent architectural design approach. To qualify for design incentives pursuant to this section, the applicant shall demonstrate that the proposed project supports a clear and consistent architectural design that includes the following:

1. Required standards. The project application shall include a narrative that explains the architectural design approach and how the project meets the following standards:

a. Stepbacks.

i. Front and corner building facades. A minimum 10-foot stepback above the third story, or above the second story for properties located on Mission Street, to reduce bulkiness and perceived height from street level;

ii. Side building facades. A minimum 10-foot stepback above the third story, or above the second story for properties located on Mission Street, along property lines that are adjacent to a residential district with a lower density or historic property. Notwithstanding, balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from the side property line;

iii. Rear building facades. A minimum 10-foot stepback above the third story, or above the second story for properties located on Mission Street, if the proposed building is located within 10 feet of the rear property line of a parcel that is directly adjacent to a residential district with a lower density;

iv. Stepbacks may be reduced if the size of the parcel makes the stepbacks infeasible or such stepbacks are not consistent with the surrounding context as determined by the Director.

b. Terraces and balconies on properties adjacent to a single-family residential use. For properties located adjacent to a single-family residential use, terraces and balconies facing the single-family residential use shall be prohibited above the ground level. Roof terraces shall be located toward the front of the building and at least 10 feet from the edge of the building facing the single-family residential use and shall provide an eight-foot-high sound wall along the single-family facing elevation with a 10-foot-long return on each side of the roof terrace.

c. Three-hundred-sixty-degree architectural design. The project shall have consistent design features or patterns that render it as unique with all elevations designed at the same level of architectural detail and articulation as the front elevation.

d. A signature architectural element that is described in the application. Some examples include but are not limited to: a signature element that identifies the building and relates to its location in the City; a courtyard or open space pattern is visible from the street; a prominent corner feature.

e. Ground-floor facades. Building facades shall avoid blank walls and long expanses without variation in form and design treatment as follows:

i. For mixed-use projects, the ground floor of commercial street facades shall be comprised of at least 75 percent openings in walls such as storefront windows and doors with transparent glazing. Facade variation achieved through form, materials and details is essential, with an emphasis on the ground-floor treatment experienced by pedestrians.

ii. For 100 percent residential projects, the ground floor front facade shall include direct entrances into units and articulation that indicates separate units.

2. Encouraged design features. The applicant should consider incorporating the following features as appropriate to support the request for design incentives in the project application:

a. Higher floor-to-floor height for commercial portion of mixed-use project with 16 to 18 feet considered to be desirable.

b. Higher floor-to-ceiling heights in residential units.

c. Leveraging of additional height to reduce overall site coverage and increase open space.

D. Design incentives. Projects that demonstrate a consistent architectural design approach per subsection (C) of this section shall be entitled to the following incentives, without requirement for feasibility studies or other analysis:

1. Height increase and height averaging. If requested in the project application, a height increase, using measurement based on height averaging, that facilitates the provision of features per subsection (C) of this section shall be approved with no further studies or analysis required as part of the submittal as follows:

a. For projects in mixed-use zoning districts on Mission Street where there is a predominance of historic resources. An increase of one additional story, with an average maximum project height not to exceed five feet above the limit of the underlying zoning district; provided, that no portion of the building may exceed 10 feet above the height limit of the underlying zoning district.

b. For projects in other mixed-use zoning districts. An increase of one additional story, with an average maximum project height not to exceed 15 feet above the limit of the underlying zoning district; provided, that no portion of the building may exceed 20 feet above the height limit of the underlying zoning district.

c. For projects in multifamily residential districts. An increase of one additional story, with a maximum average height not to exceed 10 feet above the limit of the underlying zoning district provided no portion of the building may exceed 15 feet above the height limit of the underlying zoning district.

For purposes of this incentive, nonoccupiable architectural projections, including elevator shafts and stairwells, shall be permitted to exceed the adjusted height limit as necessary to comply with building code requirements.

2. Reduced minimum unit size. Notwithstanding SPMC 36.375.070, the floor area of inclusionary units may be up to 10 percent smaller than the market rate units in the project.

3. Parking reduction. The applicant may request to calculate parking for the residential portion of the property at one-half space per bedroom, with studios considered to be one-bedroom units for the purpose of this requirement. Fractional units shall be rounded up to the next whole unit.

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

36.375.090 Application.

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

B. Application information. The application shall include:

1. The number of market rate and affordable units.

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

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

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

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

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

7. Acknowledgement of the standard conditions of approval.

8. Any other information deemed necessary by the Director.

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

36.375.100 Conditions of Approval.

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

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

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

2. The deed restriction shall include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Schedule. Prior to issuance of a building permit for a project meeting the requirements of this division through off-site construction or rehabilitation of existing units, the project applicant shall submit a schedule for review and approval by the Director, detailing the timeline for completion and occupancy of affordable units. The schedule shall specify that the units must be completed prior to issuance of a certificate of occupancy for the market rate project.

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

36.375.110 In-Lieu Fee Payment and Administration.

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

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

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

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

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

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

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

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

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

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

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

Division 36.380. Environmental Resource Protection

Sections:

36.380.010 Purpose of Division.

36.380.020 Applicability.

36.380.030 Environmental Resource Analysis Required.

36.380.040 Development Standards.

36.380.010 Purpose of Division.

The provisions of this Division are intended to protect areas with natural habitat value including ravines with seasonal drainage, natural vegetation and trees, and wildlife corridors, as valuable natural, scenic, and recreational amenities.

(Ord. No. 2108 § 1.)

36.380.020 Applicability.

The provisions of this Division apply to proposed development on sites with sensitive environmental resource characteristics. These include areas identified in the General Plan, hillside properties, and other areas as determined by the California Environmental Quality Act (CEQA).

(Ord. No. 2108 § 1.)

36.380.030 Environmental Resource Analysis Required.

The project permit application shall include a site-specific environmental resource analysis prepared by a biologist or other qualified professional acceptable to, and approved by the City, to determine the precise location and boundary of the resource. The Director may waive this requirement if it is determined that the project, because of its size, location, or design will not have a significant impact on the resource, or that sufficient information already exists and further analysis is not necessary. A required environmental resource analysis shall include all information and materials required by the Director. Development plans shall include delineation of environmental resources and/or environmental resource area (as appropriate) and proposed mitigation measures to preserve and/or restore the resources that may be affected.

(Ord. No. 2108 § 1.)

36.380.040 Development Standards.

A. All structures shall be set back a minimum of 25 feet from an environmental resource, unless a reduced setback is determined by the Director to be appropriate. Additional setbacks may be necessary to protect sensitive environmental resources (e.g., ravine with habitat value or wildlife corridors) as determined by the Director.

B. Structures, parking access, parking spaces, paved areas, or swimming pools shall not be constructed within an environmental resource setback area.

C. Grading or filling, planting of exotic/non-native or non-riparian plant species, or removal of native vegetation shall not occur within an environmental resource setback area unless a mitigation plan including a mitigation monitoring plan is approved by the review authority.

D. Where drainage improvements are required, they shall be placed in the least visible locations and naturalized through the use of natural or natural-appearing materials, such as river rock, earth-tone concrete, and/or landscaping with native plant materials.

E. Structures, fencing, or other site disturbances shall not occur within a delineated wildlife corridor, unless there are no other feasible building sites on the parcel.

F. The project shall incorporate all feasible mitigation measures recommended in the site environmental resource analysis.

(Ord. No. 2108 § 1.)

Division 36.390. Public Art Program

Sections:

36.390.010 Purpose.

36.390.020 Definitions.

36.390.030 Public Art Work at City-Owned Facilities.

36.390.040 Establishment of Public Art Program Fund.

36.390.050 Use of Funds.

36.390.060 Artwork Review Process.

36.390.070 Ownership of Art.

36.390.010 Purpose.

The purpose of the public art program is to promote cultural experiences, increase economic development, and enhance the general welfare and quality of life in the community. The public art program will achieve this purpose through the exhibition of high quality artwork and the creation of programs that promote art to the general public. (Ord. No. 2325 § 1 (part), 2018.)

36.390.020 Definitions.

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. “Artwork” means an original creation of physical art by an artist; and includes but is not limited to a fountain, mobile, mosaic, mural, painting, sculpture, or tapestry. Artwork may be realized through media including but not limited to bronze, ceramic tile, concrete, stained glass, steel, or wood. An artwork shall not include objects that are mass produced with a standard design, signage, or landscape gardening.

B. “Building valuation” means the value computed by the Building Official using the latest building valuation data as set forth by the International Conference of Building Officials.

C. “Development project” means a new residential development of four or more units, a new commercial or industrial building project with a building valuation exceeding $500,000 as determined by the Building Official, any remodeling project of an existing commercial or industrial building, and any residential building of four or more units or complex of four or more units when the nonexempt portion of the remodeling project has a building valuation exceeding $250,000 as determined by the Building Official.

D. “Public art development fee” means a fee paid to the City’s public art fund by a development project applicant in an amount equal to one and one-half percent of the total building valuation for the project excluding land acquisition, off-site improvement expenses, interior improvements, parking facilities, and public facilities.

E. “Public art” means any artwork installed on private property in a publicly accessible location as established by the public art program or artwork displayed on City-owned facilities.

F. “Publicly accessible” means located on an area open to the general public and clearly visible from an adjacent public property such as a sidewalk or street. (Ord. No. 2325 § 1 (part), 2018.)

36.390.030 Public Artwork at City-Owned Facilities.

City-owned facilities that are publicly accessible during regular business hours or that are visible from the public right-of-way are eligible for the display of public artwork. Any art proposed to be donated or installed in or on City-owned facilities will be reviewed by the Public Art Commission. (Ord. No. 2325 § 1 (part), 2018.)

36.390.040 Establishment of a Public Art Program Fund.

The City’s Finance Director shall establish a depository hereunder for the public art development fee within a designated public art fund specifically for said fees to account for any fees for the public art program paid pursuant to this chapter. The public art fund shall be accounted for separately and shall not be used for general governmental purposes. The public art fund shall be maintained by the City Finance Director, and shall be allocated as follows:

A. Eighty percent solely for project costs, including fees for design, acquisition, commissioning, placement, installation, exhibition, improvement, maintenance, and insurance of public artwork.

B. Twenty percent for administrative costs, including project administration, staff time, artist selection, design, drawing, maquette, community education, insurance, maintenance, curatorial services, identifying plaques, documentation, and publicity. (Ord. No. 2325 § 1 (part), 2018.)

36.390.050 Use of Funds.

Projects to be funded from the designated public art fund shall consist of artwork placed in public places or incorporated into public buildings, art education programs, public art display programs or performances, or the allocation of space such as a civic gallery or theater space as recommended by the Public Art Commission and approved or accepted by the City Council. (Ord. No. 2325 § 1 (part), 2018.)

36.390.060 Artwork Review Process.

The Public Art Commission, as appointed by the City Council, shall review procedures for the selection of locations of public art displays, art to be purchased or commissioned for display, review and approval of proposed public art work, and for the selection of public performers on behalf of the City’s public art program. (Ord. No. 2325 § 1 (part), 2018.)

36.390.070 Ownership of Art.

All artwork purchased or created from the public art fund shall become the property of the City upon acceptance by the City Council. (Ord. No. 2325 § 1 (part), 2018.)

Division 36.395. Public Art Development

Sections:

36.395.010 Percentage for Public Art for Development Projects.

36.395.020 Exempt Developments.

36.395.030 Allocation.

36.395.040 Satisfaction of Requirement.

36.395.050 Public Art Consultant.

36.395.060 Public Art Concept Approval Process.

36.395.070 Public Art Final Approval Process.

36.395.080 Ownership and Maintenance Cost of On-Site Public Art.

36.395.090 Removal or Alteration of Public Artwork on Private Property.

36.395.010 Percentage for Public Art for Development Projects.

Every new residential development of four or more units and every new commercial or industrial building project with a building valuation exceeding $500,000 will be required to provide public artwork or dedicate funds to support public art. The public art program shall also apply to any remodeling project of existing commercial or industrial buildings and any residential building of four or more units or complex of four or more units, when the remodeling has a building valuation exceeding $250,000. (Ord. No. 2325 § 2 (part), 2018.)

36.395.020 Exempt Developments.

The following developments or modifications, alterations, and additions to the developments are exempt from this division: affordable housing units, performing arts facilities, museums, private nonprofit and institutional uses, interior remodel or tenant improvements, seismic reinforcement, and rebuilding necessitated by a natural disaster. (Ord. No. 2325 § 2 (part), 2018; Ord. No. 2358 § 2, 2021.)

36.395.030 Allocation.

The valuation of the percentage for public art development, as provided for in SPMC 36.395.010, shall be based on a percentage of the building cost in an amount equal to one percent or more of the total building valuation for the project if the project is being built on site and one and one-half percent if the developer will be paying the public art development fee in lieu of providing public art on site, excluding land acquisition, off-site improvement expenses, interior improvements, parking facilities, and public facilities. (Ord. No. 2325 § 2 (part), 2018.)

36.395.040 Satisfaction of Requirement.

Development projects subject to the public art program may satisfy the requirement through:

A. Installation of approved site-specific public artwork, cultural, or artistic facilities equal to or exceeding the value of the contribution amount; or

B. Payment in lieu of the one and one-half percent development fee to a new public art fund.

1. Payment of the public art development fee will be collected in two installments: (a) 50 percent of the total public art development fee shall be collected prior to issuing the building permits; and (b) 50 percent of the total public art development fee shall be collected prior to final inspection or issuing the certificate of occupancy.

C. No final approval, such as final inspection or a certificate of occupancy, for any development project subject to this division shall be granted or issued unless and until full compliance with the public art program is achieved.

D. The applicant must certify that any artwork donated or purchased is free and clear of all liens, claims, encumbrances, and restrictions. The applicant must also certify that no portion of the artwork has been exported from its country of origin in violation of laws of that country in effect at the time of export, nor imported into the United States in violation of United States laws and treaties in effect at the time of import. The applicant must represent and warrant that no tax laws, laws of inheritance, or other laws or regulations applicable to the artwork have been broken. The applicant agrees to indemnify, defend, and hold harmless the City from and against any and all claims, damages, loss, and expenses relating to the break or alleged break of any of the applicant’s obligations, representations, or warranties herein, and relating to the claims of third parties or challenging the title to the artwork or any intellectual rights or copyright for the artwork transferred and conveyed to the City. (Ord. No. 2325 § 2 (part), 2018.)

36.395.050 Public Art Consultant.

For public art projects developed on site, the developer must contract the services of a professional art consultant experienced in working with municipal art programs for any public art project valued at more than $25,000 (if not paid in lieu). (Ord. No. 2325 § 2 (part), 2018.)

36.395.060 Public Art Concept Approval Process.

For public art projects developed on site, prior to the associated entitlement review for a development project an application for public art concept review shall be submitted to the Public Art Commission and shall include:

A. Completed public art application; and

B. Preliminary sketches, photographs, or other documentation to provide sufficient clarity of the nature of the proposed artwork; and

C. Preliminary plans containing such detailed information as may be required to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of the adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

D. A narrative statement to be submitted to demonstrate that the artwork will be displayed in an area open and freely available to the general public; and

E. A maintenance plan describing the required maintenance and costs to preserve the artwork in good condition.

The Public Art Commission’s concept review shall be provided to the entitlement review body(ies) for consideration during the approval process. (Ord. No. 2325 § 2 (part), 2018.)

36.395.070 Public Art Final Approval Process.

For public art projects developed on site, following the entitlement approval process for a development project, an application for final public art approval shall be submitted to the Public Art Commission and shall include:

A. Completed public art application; and

B. Finalized sketches, photographs, or other documentation to provide sufficient clarity of the nature of the proposed artwork; and

C. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs; and

D. Written agreement executed by or on behalf of the artist who created or is creating the artwork which expressly waives their rights under the California Art Preservation Act or other applicable laws; and

E. Finalized plans containing such detailed information as may be required to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of the adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

F. A narrative statement to be submitted to demonstrate that the artwork will be displayed in an area open and freely available to the general public at least 10 hours each day, or otherwise is publicly accessible in an equivalent manner based on the characteristics of the artwork or its placement on the site; and

G. A maintenance plan describing the required maintenance and costs to preserve the artwork in good condition.

Completed applications shall be submitted to staff for the Public Art Commission’s review and approval. Building permits shall not be issued until final approval has been granted by the Public Art Commission. (Ord. No. 2325 § 2 (part), 2018.)

36.395.080 Ownership and Maintenance Cost of On-Site Public Art.

Any artwork associated with the public art program that is included on site for an applicant’s project shall remain on the property of the applicant; the obligation to provide all maintenance to preserve the artwork in good condition will remain with the owner of the site. Maintenance of artwork shall include without limitation preservation of the artwork in good condition, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved artwork, the applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to properly maintain the artwork is hereby declared a public nuisance. In addition to all remedies provided by law, in the event the real property owner fails to maintain the artwork, upon reasonable notice, the City may perform necessary repairs or maintenance or secure insurance, and the costs therefor shall become a lien against the real property. (Ord. No. 2325 § 2 (part), 2018.)

36.395.090 Removal or Alteration of Public Artwork on Private Property.

Public artwork installed on private property to satisfy the public art development requirement shall not be removed or altered without the prior approval of the City Council. In addition to any other applicable penalty, violation of this section may render the property owner liable for payment of the one and one-half percent development fee to the public art fund and may result in revocation of the occupancy permit issued for the subject development project. Prior to any imposition of the one and one-half percent development fee to the public art fund or occupancy permit revocation pursuant to this section, the City shall afford the property owner notice and an opportunity for a hearing. (Ord. No. 2325 § 2 (part), 2018.)