CHAPTER 23 ZONING

ZONING AND DEVELOPMENT, ADVERTISING AND SIGNS,

FENCES AND WALLS

 

SUBJECT ARTICLES

General Provisions 01
R-1 Single Family Dwelling Zone 02
C-1 Commercial Zone 03
P & R Park and Recreational Zone 04
Historical and Cultural Zone 05
Requirements and Restrictions Generally 06
Variances and Conditional Permits 07
Amendments and Boundary Changes 08
Minor Exception and Temporary Uses 09
Off-Street Parking 10
Environment Fees 11
Signs 12
Fences and Walls 13
Transportation Demand Management 14
Design Review Committee 15
Enforcement, Violations and Penalties 16

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ARTICLE 01

GENERAL PROVISIONS - Back to top

SECTION:

23.01.01: Definitions

23.01.02: Short Title

23.01.03: Purpose Of Chapter

23.01.04: Violations Of Chapter

23.01.05: Zones And Area Districts Established; Delineation Of Zones And Districts On Zone Map

23.01.06: Considerations Given Creation Of Zones And Districts

23.01.07: Boundaries Shown On Zone And Yard Maps Adopted

23.01.08: Rules Applying Where Uncertainties Exist As To Boundaries On Zone Map

23.01.09: Land Not Indicated On Zone Map In Any Zone
 
 

23.01.01: DEFINITIONS:

When not consistent with the context, words used in the present tense include the future; words in the singular form include the plural; those in the plural form include the singular. The word "shall" is mandatory; the word "may" is permissive. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

ABUT: To adjoin at or along a common lot line or corner, except where such common lot line or corner is located in the right of way of a public street.

ACCESSORY BUILDING: Any building, the use of which is subordinate to that of the main building which includes, but is not limited to, garages, second units, recreation buildings, workshops, greenhouses, offices and storage sheds.

ADULT ENRICHMENT CENTER: An establishment which provides instructional, and personal improvement classes, related and secondary to its permitted primary use. An adult enrichment center shall provide such services only for persons over the age of seventeen (17) and may be held only between the hours of six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.

ARCHITECTURAL FEATURE: A decorative feature that is supported from an exterior wall of a building, has no foundation to the ground, adds no additional floor space.

AUTO GROOMING/DETAILING SERVICES: An establishment which only provides hand washing, waxing, and interior cleaning services for automobiles.

BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, or to which a closet could be added, which has a nearby or adjacent bathroom, and which meets the requirements contained in section 23.02.10 of this chapter.

BLOCK: The property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the termination of such street and the nearest intersecting or intercepting street. Where the boundary line of the city or where the boundary line of any zone established by this chapter intersects or intercepts a street in a block, the block shall be considered to end at the city boundary line or at such zone line.

BOARDER: An individual who regularly or temporarily gets the use of a room at another's home for pay.

BUILDING/STRUCTURE: The terms "building" and "structure" shall be synonymous and shall mean that which is framed, erected, constructed or placed to stand temporarily or permanently on a lot. Driveways, patios, decks or walks not more than six inches (6") higher than the ground on which they rest shall not be considered buildings.

CIRCULAR DRIVEWAY: A driveway which has one or more curb cuts which provides an area in the front yard for turning around or parking a vehicle, and which is not necessary to provide direct access from a street to a garage.

COMMERCIAL BUILDING: Any structure used for a commercial purpose.

COMMISSION: The City Planning Commission.

COMPATIBLE: Having an architectural style, visual bulk, massiveness, height, width and length which is compatible with the neighborhood and which harmonizes with the existing residential or commercial structures in the neighborhood and, in the case of a building addition, with the existing building.

CONVENIENCE MARKETS: Retail stores selling food (for off-site consumption), household items and other related retail items. Convenience markets shall contain no more than four thousand (4,000) square feet of gross floor area.

CORNER LOT: A lot situated at the junction of and abutting on two (2) intersecting streets.

COUNCIL: The City Council.

COURT SURFACE: The area of a lot designated and approved for recreational court purposes. The court surface may or may not be paved or marked by permanent boundaries.

DATUM PLANE: In the R-1 Zone the datum plane for a building shall be a horizontal plane passing through the average of the highest and lowest points of the ground along that face of the structure which is nearest to the street. In Zone C-1 the datum plane for a building shall be a horizontal plane passing through the front property line grade, as shown on the plans and profiles in the office of the City Engineer, at a point where such property line intersects the center line of that part of the building facing upon or approximately parallel to such street. In case there are no such plans or profiles, the City Engineer shall establish such grade.

DRIVEWAY: A paved or impervious strip of land having the purpose of providing access from the street through a curb cut to a garage.

DWELLING: Any building or portion thereof which is occupied, in whole or in part, as a home or residence.

DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family and having only one kitchen.

FAMILY: An immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit. This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.

FENCES: A wall or similar enclosing structure made of wood, iron, masonry or other material, partially or completely opaque in its surface area.

FINISHED GROUND SURFACE: The ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials or on which grass, flowers, shrubbery or trees have been planted or which has been graded in preparation for surfacing or planting.

FRONT YARD: That portion of a lot between the front line of the lot and the portion of the front line of the main building which faces the front and is closest to the street and which extends across the entire width of the lot; provided, however, that upon vacant property, the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.

FRONT YARD SETBACK LINE: A line parallel with the front lot line at a distance equal to the minimum required front yard dimensions for the appropriate area district as contained within this Chapter.

GARAGE: A building or portion of a building, having a door and enclosed by walls on at least three (3) sides in which motor vehicles used by occupants of the building or buildings on the lot are stored or kept.

HABITABLE: An area or space used for living purposes which conforms to the standards defined in the Uniform Building Code.

HEDGE: Vegetative growth of closely planted shrubs forming a solid visual boundary.

HEIGHT: The vertical distance from the datum plane to the highest part of a building, including penthouses, water tanks and their enclosures, elevator enclosures and all other roof structures, excluding chimneys and architectural accessories.

HEIGHT OF FENCE OR YARD WALL: The height of any fence or yard wall at any point shall be the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within one foot (1') from the fence or yard wall, measured at right angles from the lowest grade elevation.

HEIGHT OF RETAINING WALL: The height of any retaining wall shall be the height of its exposed vertical surface.

IMMEDIATE FAMILY: Parents and their children, legal guardianships, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents or grandchildren.

INTERIOR LOT: A lot having only one street frontage.

KEY LOT: A lot, the side line of which abuts the rear line of one or more adjoining lots.

KITCHEN: A room containing a water source, sink, and utilities installed that will permit the heating or cooking of food.

LIGHT FIXTURE(S): An assembly, including housing, reflectors and lenses, which accommodates a lamp. A supporting pole and arm are not parts of a light fixture.

LIVEABLE AREA: The square footage of all habitable floor areas under roof, including attics, lofts, basements, enclosed patios and enclosed porches, servant guesthouses and pool cabanas, but excluding pergolas, open patios and open porches and garages.

LOT: Any parcel shown on a recorded tract map or on a record of survey recorded pursuant to an approved division of land or a parcel map or otherwise approved by the Council as a building site for the construction of one main building.

LOT AREA: The gross square footage of the lot as measured along the perimeter of the lot as defined in the Yard Map. Actual lot area is used in Section 23.02.10 of this Chapter.

LOT COVERAGE: The area of a lot covered by roofed building(s) constructed on a foundation or slab, whether at ground level, above ground level or below ground level. Excluded from the definition of lot coverage are open porches and balconies in the front of the building(s) visible from the street, with an area not to exceed the lesser of one hundred fifty (150) square feet or one and one-half percent (1.5%) of the lesser of the actual lot area or statutory lot area. "Roofed" for purposes of this definition, shall mean a coverage of greater than fifty percent (50%), viewed from overhead. Such "lot coverage" is also defined to include the areas of eaves extending more than twenty four inches (24") from the structure. Lot coverage shall not include horizontal projections from buildings on a lot such as cornices, eaves, buttresses or chimneys.

LOT LINE: The legal boundary that separates one lot from another or a public right of way.

MANAGER: The City Manager of the City of San Marino or any City employee authorized by the City Manager to enforce the provisions of this Code.

MARKETS/GROCERY STORES: Retail stores selling an assortment of food (for off-site consumption) and food preparation materials, household items, and other related retail items. Ancillary to the retail use, markets/grocery stores can include pharmacies, delicatessens and eating establishments allowing for on-site consumption of food. The areas designated for on-site consumption of food shall not exceed ten percent (10%) of the gross floor area of the market/grocery store. Markets/grocery stores must be greater than four thousand (4,000) square feet of gross floor area.

NEIGHBORHOOD: a) The two (2) properties on each side of the lot; b) all properties adjoining the rear of the lot and each property on either side of the adjoining property(ies); c) extending the lot's property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties. For houses at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the three (3) properties extending from each side of the lot.

OCCUPIED: Arranged, designed or intended to be occupied.

OPAQUE FENCE COVERING: A canvas, plastic, wood or equivalent material applied to or constituting a portion of a fence which is opaque to the passage of light.

OWNER: Presumed to be the person(s) shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor.

PARK OR PARKING: The standing or leaving of a vehicle, whether occupied or not.

PARKING SPACE: A paved or impervious area, not including a driveway or circular driveway, which is designed for parking a vehicle. A parking space may be covered, enclosed or open.

PLURAL NUMBER: Includes the singular.

PRESENT TENSE: Includes the future.

PRIVACY: The prevention of the visual observation of any rear or side property area from any adjoining property.

PUBLIC PARKING AREA: An open area, other than a street, used for the temporary parking of automobiles, whether available for use by the owner or his/her guests or customers or for public use, whether free, for compensation or as an accommodation for clients and customers in Zone C-1.

REAR YARD: A yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half (¹/₂) but not to exceed ten feet (10') of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property, the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot and which extends across the entire width of the lot.

REAR YARD SETBACK LINE: A line parallel with the rear lot line at a distance equal to the minimum required rear yard dimensions for the appropriate area district as contained within subsection 23.02.09A of this Chapter.

RECREATIONAL COURT: A generally rectangular space, with dimensions of at least thirty feet by sixty feet (30' x 60'), marked off or capable of being used for the purpose of playing paddle tennis or tennis. Swimming pools, badminton, basketball (half-courts) and volleyball courts are not recreational courts.

REQUIRED YARD: That portion of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this Code.

RESIDENTIAL BUILDING: Any structure designed for habitable use.

RESTAURANT: Any establishment which provides facilities for the consumption of food on the premises.

RETAINING WALL: A structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.

SATELLITE DISH ANTENNAS: Antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish-shaped element, generally circular in shape, with a diameter of greater than two feet (2'), shall be considered structures in the context of the Building and Zoning Codes.

SCHOOLS: An educational institution organized for the teaching and study of a curriculum at least equivalent to that required in corresponding grades of a public school, or an institution empowered to confer degrees equivalent to those conferred by public schools in special departments, such as engineering, theology, law, medicine and the arts.

SECOND UNIT: An attached or detached dwelling unit which provides complete independent living facilities. It shall include permanent but separate provisions for living, sleeping and sanitation on the same lot(s) as the primary dwelling unit is situated, and shall contain a full bath and not more than one bedroom. This dwelling unit may also contain a kitchen.

SIDE STREET LINE OF A CORNER LOT: The side of a lot with the longest street frontage.

SIDE YARD: A yard between the side line of a lot and the side line of a main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property, the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot and which extends across the entire width of the lot.

SIDE YARD SETBACK LINE: A line parallel with the side property line at a distance equal to the minimum required side yard dimension for the appropriate area district as contained within this Chapter.

SINGLE-FAMILY DWELLING: The main building on a lot designated and used exclusively for occupancy by one family.

STATUTORY LOT SIZE: Shall refer to the minimum permitted size of a lot in each area district as established in this Chapter.

STORAGE: The placement of a vehicle or equipment in a given location for a continuous period of more than forty eight (48) consecutive hours.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. A basement or cellar shall not be considered a story unless the ceiling thereof is more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.

SUPPORT POLE: A structure other than a building which is utilized to support one or more light fixtures.

TENANT: A person(s) who pays rent to a specific property owner to occupy or use their land or building for a specific period of time.

TUTORIAL SERVICES: A type of business designed to provide individualized instruction to persons generally in fields of general education or the arts with no more than two (2) students per one instructor on the premises at the same time in the C-1 zone; and no more than two (2) students per one instructor on the premises at the same time in the R-1 zone.

USED: Includes arranged, designed or intended to be used.

VEHICLE: Any mode of transportation that can be driven or towed, including, but not limited to, cars, trucks, motor homes, trailers, campers, motorcycles or boats.

WALKWAY: A paved or impervious strip of land which is not a driveway and which connects the entry of a building or buildings with a driveway, circular driveway, sidewalk, public street, alley or thoroughfare.

YARD: That portion of a lot upon which a building is situated, which remains open and unoccupied except as provided in this code.

YARD MAP: The official "Yard Requirement Map" which is a part of this chapter.

YARD WALL: An enclosing structure made of wood, iron, masonry or other material, generally opaque in its surface area.

ZONE MAP: The official "Zone and District Map" which is a part of this chapter. (Ord. 096-1093, 7-10-1996; amd. Ord. 098-1128, 1-13-1999; Ord. 099-1133, 7-14-1999)
 

23.01.02: SHORT TITLE:

This chapter shall be known, cited and referred to as THE ZONING CODE OF THE CITY OF SAN MARINO. (Ord. 096-1093, 7-10-1996)
  

23.01.03: PURPOSE OF CHAPTER:

The city council hereby finds, determines and declares that the preservation of the public peace, safety, morals and general welfare of the city require the creation and division of the city into districts and the regulations therein of certain trades and callings, the height and bulk of buildings and the areas of yards, courts and other open spaces for the purpose of providing adequate light and air; lessening congestion in the streets and other public ways; securing safety from fire, panic and other disasters and dangers; preventing the overcrowding of land or buildings; avoiding undue concentration of population; conserving the value of property; and encouraging the most appropriate use of land throughout the city, all in accordance with the comprehensive plan contained in this chapter, including "The Zone and District Map" and the "Yard Requirement Map" referred to herein and made a part hereof. (Ord. 096-1093, 7-10-1996)
 

23.01.04: VIOLATIONS OF CHAPTER:

Violations of this chapter shall constitute a misdemeanor unless otherwise indicated within this chapter. Violations shall be abated as stated in chapter 1 of this code. (Ord. 096-1093, 7-10-1996)
 

23.01.05: ZONES AND AREA DISTRICTS ESTABLISHED; DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP:

In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yard and other open spaces about buildings, four (4) classes of zones and eight (8) classes of area districts are hereby established, to be known as follows:

Zones:

 

R-1    Single-Family Dwelling Zone

C-1    Commercial Zone

 

P&R Park and Recreational Zone

H&C Historical and Cultural Zone

 

Area Districts:

IE       Estate Area District      (60,000 square feet)

I         First Area District         (30,000 square feet)

II Second Area District (20,000 square feet)

III Third Area District (17,000 square feet)

IV Fourth Area District (15,000 square feet)

V Fifth Area District (12,000 square feet)

VI Sixth Area District (10,000 square feet)

VII Seventh Area District (9,000 square feet)

which several classes of zones and area districts are shown and delineated on the Zone Map. (Ord. 096-1093, 7-10-1996)
  

23.01.06: CONSIDERATIONS GIVEN CREATION OF ZONES AND DISTRICTS:

It is hereby declared that in the creation by this Chapter of the respective classes of zones and area districts established by Section 23.01.05 of this Article, the Commission and the Council have given due and careful consideration to the peculiar suitability of each and every zone and district for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangement of the various uses and densities of population in accordance with a well-considered plan for the comprehensive development of the City and in relation to established plans in the adjoining unincorporated areas and municipalities. (Ord. 096-1093, 7-10-1996)
  

23.01.07: BOUNDARIES SHOWN ON ZONE AND YARD MAPS ADOPTED:

A. The boundaries of the zones and districts shown upon the Zone Map are hereby adopted and approved.

B. The following described real property is hereby rezoned from R-1 Area District V to R-1 Area District VI: said legal description is provided on that certain tentative district map for Tract No. 30141 on file with the City Clerk and is generally described as the inner portion of that certain block bounded on the north by Huntington Drive and on the west, south and east by West Drive and Bedford Road.

C. The following described real property is hereby rezoned from R-1 Area District V to R-1 Area District VI: the area generally described as the entire block between Bedford Road, West Drive and Huntington Drive, exclusive of the interior portion described on that certain tentative district map for Tract No. 30141 on file with the City Clerk.

D. The real property described in Exhibit A of Ordinance 981, on file in the office of the City Clerk, is prezoned as C-1 Commercial Zone. The Zone Map shall have noted thereon "Amended August 24, 1990".

E. The real property described on Exhibit A to Ordinance 989, on file in the office of the City Clerk, is hereby rezoned from R-1 Area District I to R-1 Area District IE (Estate). (Ord. 096-1093, 7-10-1996)
  

23.01.08: RULES APPLYING WHERE UNCERTAINTIES EXIST AS TO BOUNDARIES ON ZONE MAP:

Where uncertainty exists as to the boundaries of any districts shown on the Zone Map, the following rules shall apply:

A. Where zone or district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

B. In unsubdivided property or where a zone or district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the Zone Map.

C. In case any further uncertainty exists, the Commission shall interpret the intent of the Zone Map as to the location of such boundaries.

D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (Ord. 096-1093, 7-10-1996)
 

23.01.09: LAND NOT INDICATED ON ZONE MAP IN ANY ZONE:

Any land or territory within the City which is not indicated on the Zone Map in any zone shall be classified in the same zone as that existing on the side of the street across from such unzoned land or territory, and the Zone Map shall thereupon be amended to indicate such zoning as herein required without additional procedure. Where uncertainty exists as to the zoning classification to be indicated on the Map, or any other provision of this Chapter, such zoning shall be determined by the Commission by written decision. (Ord. 096-1093, 7-10-1996)

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ARTICLE 02

R-1 SINGLE-FAMILY DWELLING ZONE- Back to top

SECTION:

23.02.01: Uses Permitted

23.02.02: Single-Family Dwelling Units

23.02.03: Parking And Storage In Residential Front Yards And Side Yards

23.02.04: Required Landscaping In Front Yards And Parkways

23.02.05: Recreational Court Requirements

23.02.06: Exterior Recreational Court Lighting

23.02.07: Windscreens

23.02.08: Swimming Pools

23.02.09: Lot Area, Building Height, Lot Width, Lot Frontage And Yard Dimension Requirements

23.02.10: Lot Coverage And Liveable Area Limitations

23.02.11: Increased Limits For Large Lots

23.02.12: Corner Lot Limitations

23.02.13: Encroachment Limitation

23.02.14: Limitation On Number Of Permitted Bedrooms

23.02.15: Limitation On Stories

23.02.16: Side Yard Limitations

23.02.17: Front Yard Development Limitations

23.02.18: Yard Abutting On Two Streets

23.02.19: Request For Deviation

23.02.20: Existing Nonconforming Use

23.02.21: Requirement For Conformance

23.02.22: Garage Space Requirements

23.02.23: Building Construction Requirements With Respect To Manufactured Homes

23.02.24: Second Units

23.02.25: Sleeping Quarters Air Space Requirements

23.02.26: Annexed Land To Be Zoned R-1

23.02.27: Subdivisions Subject To Yard Requirements

23.02.28: Demolition Of Residential Structures

23.02.29: Determination Of Front Yard For Corner Lots
 
 

23.02.01: USES PERMITTED:

The following shall be permitted in the R-1 Single-Family Dwelling Zone:

A. Not more than one single-family dwelling of a permanent character, on any lot, placed in a permanent location, containing not more than one kitchen, used by but one family.

B. Structures or accessory buildings that are customarily incidental to a single-family dwelling when placed upon the same lot, including:

1. Private garages; which are subject to development standards of this Chapter.

2. Private recreational facilities.

3. Private bathhouses, greenhouses or service yards.

4. Private tool sheds, storage sheds or workshops, and offices.

5. Second units which include servants' and guests' quarters are permitted on lots at least fifteen thousand (15,000) square feet in area, subject to the requirements of Section 23.02.24 of this Article. Such units may include a kitchen.

C. All commercial uses and activities are specifically prohibited in R-1 Zones. A commercial use or activity, as used in this subsection, shall include, but not be limited to, the taking in of unrelated boarders for compensation or as an ancillary or secondary use; or renting/leasing a dwelling for a period of less than one year to an individual or family.

Commercial use or activity shall include the use of property for any event, function, gathering or activity sponsored, financed or hosted by or on behalf of a commercial enterprise unrelated to the owner or person in bona fide lawful residential possession of the premises or for any event, function or gathering for which such owner receives compensation. A commercial enterprise shall be considered related to the owner or person in possession of the premises if such person is a bona fide owner, partner or employee of the commercial enterprise.

D. Activity or activities which, by nature of the number in attendance, the vehicular traffic involved, the noise generated or the frequency of similar activities at a particular single-family dwelling, cause a disturbance to surrounding property shall constitute a public nuisance.

E. Modular, prefabricated or mobile home construction shall be permitted as authorized and preempted by State law and otherwise shall be prohibited.

F. Occupations permitted within single-family dwellings shall be restricted to in-home tutoring of educational, cultural, artistic or recreational subjects to individuals permanently residing within this dwelling; and professional services not requiring clients to visit the dwelling.

Prohibited activities within a single-family dwelling or accessory buildings are those involving manufacturing, storage of materials for distribution or sale, clients visiting the residence (except for tutoring, construction), any signage, or rental for financial consideration, (except filming).

Business licenses shall be required for all occupations permitted in a single-family dwelling, with amounts to be fixed by Council resolution.

G. Garage or estate sales shall be permitted only in the rear yard and only one sign shall be allowed in the front yard. The maximum size must conform with the requirements of this Chapter of the Code. Only one such sale, not to exceed two (2) consecutive days, shall be permitted at a dwelling per calendar year. The owner or legal occupant of the dwelling, where such sale is being held, shall register with the City prior to such a sale. (Ord. 096-1093, 7-10-1996)

H. Wireless telecommunication monopoles are permitted on public or private school property provided that a conditional use permit has first been issued. No other wireless telecommunication facility is allowed. Upon termination of use, the monopole must be removed. Safety lighting that is attached to or illuminating the monopole, except for lighting associated with the illumination of an athletic field, shall not be permitted. The monopole must be painted a color designed to blend in with the background. (Ord. 096-1091, 9-11-1996)
 

23.02.02: SINGLE-FAMILY DWELLING UNITS:

Use In R-1 Zones: Each dwelling unit located in the R-1 Zones shall be used as a single-family dwelling unit as defined herein. (Ord. 096-1093, 7-10-1996)
 

23.02.03: PARKING AND STORAGE IN RESIDENTIAL FRONT YARDS AND SIDE YARDS:

Parking or storage of vehicles in residential front yards and side yards of lots located in the R-1 Zones shall be subject to the following conditions:

A. Driveways And Driveway Requirements:

1. All residential lots in the R-1 Zones shall have a driveway providing direct access from a public street or alleyway to a garage or other parking space.

2. All driveways shall not have a width of less than nine feet (9').

3. Circular driveways may be located in the front yard; provided, that:

a. The parcel is not located in Area Districts V, VI or VII; or

b. The circular driveway located in Area Districts V, VI or VII is replacing the footprint of an existing legal nonconforming circular driveway.

4. The total of all paved and impervious areas including, but not limited to, driveways, walkways, patios, porches, landings, and/or architectural accessories does not exceed forty five percent (45%) of the front yard area. The total coverage of all paved and impervious areas which exceeds twenty five percent (25%) of the front yard area is subject to design review as stated in subsection 23.15.03H of this Chapter.

B. Parking Restrictions:

1. No parking space shall be permitted in the front yard.

2. Parking spaces located in the side yard shall be screened from view of the public street by:

a. Landscaping; or

b. A decorative wall.

3. A parking space may be located in the rear yard, provided it is not less than one foot (1') from the rear line of the lot nor less than four feet (4') from the side line of the lot.

4. Parking spaces shall be located on the same lot or parcel of land as the residence being served.

C. Parking Restrictions:

1. No vehicle may be parked in a front or side yard, except on a paved or impervious area designated as a driveway or as a parking space.

2. No vehicle may be parked in a front yard driveway or parking space for a period greater than forty eight (48) consecutive hours.

D. Storage Prohibition:

1. No equipment, materials, trash or other materials not customarily considered as decorative landscaping (except as provided for in Chapter IX of this Code) shall be stored in the front yard or side yard, driveway or circular driveway except during actual periods of construction for which a permit has been issued on the lot.

2. Parking spaces located in the side yard shall not be used for the storage of vehicles.

3. Parking spaces located in the rear yard when visible from the street shall not be used for the storage of vehicles.

E. Requirement For Compliance:

1. No new construction shall be permitted in the R-1 Zones unless it shall comply with this Section.

2. No additions to existing structures increasing the liveable area by more than twenty percent (20%) shall be permitted unless the requirements of this Section are complied with.

3. No reconstruction or modification of parking spaces not conforming with this Section shall be permitted except patching, sealing or replacement of sections not to exceed fifty (50) square feet.

4. No construction to replace or modify parking spaces not conforming with this Section shall be permitted unless it shall comply with this Section; excepted are repairs to preexisting parking spaces such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

F. Existing Nonconformance: No building shall be deemed nonconforming solely by reason of a driveway, circular driveway or parking space lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in Section 23.06.10 of this Chapter.

G. Request For Relief: Any request for relief from the requirements of this Section, except for subsection A4 of this Section, shall require a conditional use permit as set forth in this Code. (Ord. 096-1093, 7-10-1996)
 

23.02.04: REQUIRED LANDSCAPING IN FRONT YARDS AND PARKWAYS:

All parcels located in the R-1 Zones shall be required to have landscaping in the front yard areas and parkway area, subject to the conditions set forth herein:

A. Limitation On Impervious Coverage:

1. Not more than forty five percent (45%) of the front yard of a lot in the R-1 Zones shall be covered with an impervious surface.

2. Residential lots with twenty five percent (25%) or more impervious coverage within the front yard area shall be subject to design review in accordance with subsection 23.15.03H of this Chapter.

3. Impervious coverage in the front yard shall be limited to the following uses:

a. Driveways.

b. Circular driveways.

c. Walkways.

d. Architectural accessories.

A paving permit is required for any paving or placement of impervious materials within the front yard. A paving permit shall be issued by the Planning and Building Department. A paving permit shall be issued if the proposed paving complies with the provisions of this Code.

4. Impervious coverage in the parkway area shall be limited to the following uses:

a. Driveways.

b. Circular driveways.

c. Walkways.

d. Sidewalks.

All impervious coverage in the parkway area is subject to prior approval of the City by issuance of a street permit.

B. Prohibited Coverage:

1. Recreational courts, as defined in Section 23.01.01 of this Chapter, are specifically prohibited in the front yard. Such prohibition shall include the required side yard in the condition specified in this Code.

2. Gravel, stones or other loose materials of a solid construction are specifically prohibited in the parkway area.

C. Ground Coverings: All areas within the front yard and the parkway area not covered with an impervious surface as provided for herein shall be covered with a properly maintained vegetative growth or plant material.

D. Walls And Landscaping: All walls constructed in the side yard of a corner parcel which exceed four feet (4') in height shall have vegetative landscaping placed between the wall and the property line which shall cover the face of the wall a minimum of one-half (¹/₂) of the height of the wall.

E. Walkway Widths: A walkway within the front yard shall not be wider than eight percent (8%) of the actual lot width or four feet (4'), whichever is greater, measured at the front property line. Properties with an actual lot width greater than one hundred feet (100'), measured at the front property line, shall be limited to an eight foot (8') wide walkway. Fractions equal to or greater than 0.5 shall be rounded up and those less than 0.5 shall be rounded down. No front yard walkway between six feet (6') and eight feet (8') in width may be installed unless the Director of Planning and Building shall find that the placement, configuration and design of the walkway prevents the use of any portion of the walkway for vehicular travel or parking. The decision of the Director of Planning and Building on whether to permit the construction of a walkway between six feet (6') and eight feet (8') may be appealed to the Commission and any decision of the Commission may be appealed to the Council.

F. Requirement For Compliance:

1. No new residence shall be permitted in the R-1 Zones unless the requirements of this Section are complied with.

2. No additions to existing structures increasing the lot coverage by more than twenty percent (20%) shall be permitted unless the requirements of this Section are complied with.

3. No construction to replace more than fifty percent (50%) of a destroyed or damaged existing building shall be permitted unless the requirements of this Section are complied with.

4. No construction to replace or modify impervious areas not conforming with this Section shall be permitted, unless it shall comply with this Section; excepted are repairs such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

G. Existing Nonconformance: No building shall be deemed nonconforming solely by reason of front yard landscaping lawfully constructed in accordance with all regulations applicable at the time of its construction, except to the extent provided for in subsection F of this Section.

H. Request For Relief: The requirements of this Section may be modified pursuant to the issuance of a conditional use permit as set forth in this Code. (Ord. 096-1093, 7-10-1996)
 

23.02.05: RECREATIONAL COURT REQUIREMENTS:

A. Conditional Use; Building Permit Required: The construction of a recreational court in the R-1 Zones or the addition of fences or lights or other alteration of an existing court requires a conditional use permit. Notwithstanding anything in Chapter XXV of this Code to the contrary, a building permit shall be required for the construction of a recreational court.

B. Court Fences: A recreational court may be enclosed by a chainlink or wire fence not exceeding twelve feet (12') in height; provided, that no such fence shall be constructed within a required front yard or required side yard setback nor within five feet (5') of a property line adjacent to any street nor within five feet (5') of a rear property line or alley. (Ord. 096-1093, 7-10-1996)
 

23.02.06: EXTERIOR RECREATIONAL COURT LIGHTING:

A. Purpose And Intent: The purpose and intent of this Section is to control exterior recreational court lighting by builders, owners or residents within the R-1 Zones and to support zoning objectives and goals, including, but not limited to, the following:

1. To secure for the citizens of San Marino the social and economic advantages resulting from an orderly planned use of its land resources.

2. To establish lighting conditions which will allow land uses to exist in harmony within the community.

3. To attain the highest possible standards for urban aesthetics and physical development while providing adequate light, air and privacy for all individuals.

4. To promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

5. To protect the general health, safety and welfare of the citizens of San Marino.

B. Definitions: For the purposes of carrying out the intent of this Section, words, phrases and terms shall be deemed to have the meanings ascribed to them as follows:

CUT OFF: A light source is cut off at the point where neither the light source nor its image from a reflecting surface of the light fixture is directly visible.

EXISTING NONCONFORMING EXTERIOR LIGHTING: Lighting which was installed prior to the effective date hereof and is in conflict with the provisions of this Section.

SUPPLEMENTAL SHIELDING: Supplemental light shielding shall be an attachment to the lighting fixture not extending more than one foot (1') from the fixture in any direction. The inside of the baffles shall be painted with an opaque light absorbent paint "mat black" in color.

C. Recreational Court Lighting Restrictions:

1. No light fixture shall be located at a horizontal distance less than ten feet (10') from the nearest lot line.

2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm and supporting pole shall be coated with a dark, low-reflectance material.

3. No light fixture or supporting pole shall be constructed which will locate a lamp more than eighteen feet (18') from the court surface.

4. No more than one light fixture per nine hundred (900) square feet of court surface area is permitted, and a maximum of eight (8) poles and light fixtures per recreational court are permitted.

5. Light fixtures shall be supported by an arm extending at least four feet (4') from a support pole.

6. No light fixture shall emit more light than is emitted from a 1,000 watt lamp.

7. Light fixtures must be designed, constructed, mounted and maintained such that, with appropriate supplemental shielding, the light source is completely cut off when viewed from any point five feet (5') or more beyond the lot line. Incident light intensity at a lot line shall not exceed one foot-candle as measured by a light meter from grade to a height of twelve feet (12'). The incident light level upon any habitable building on an adjacent property shall not exceed 0.05 foot-candles on any habitable building on the adjacent property or properties.

8. Recreational court lighting may be operated only between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Recreational court lighting cannot be operated between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

9. In the event that an illuminated court surface is visible from another lot, the court surface shall be treated with low reflectance, dark colored coatings.

10. If any of the above conditions cannot be met, then the owner may request relief for a specific condition from the Commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.07: WINDSCREENS:

Windscreens of plastic, canvas or similar material may be attached to the fence enclosing a tennis court, provided such windscreens do not extend to a height greater than six feet (6') above the finished surface of the court. However, where the entire tennis court is located twenty five feet (25') or more from all property lines, the windscreen may extend to the height of the court fence.

If any of the conditions under this Section cannot be met, then the owner may request relief for a specific condition from the Commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.08: SWIMMING POOLS:

A. The Council hereby finds and determines that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of small children of the City.

B. Any person in possession of a lot(s) within the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other body of water designed or used for swimming, dipping or immersion purposes by men, women or children, shall at all times, maintain a minimum five foot (5') tall fence enclosing the pool, and otherwise constructed in accordance with the City Building Code on the lot or premises upon which such pool or such body of water is located. (Ord. 096-1093, 7-10-1996)
  

23.02.09: LOT AREA, BUILDING HEIGHT, LOT WIDTH, LOT FRONTAGE AND YARD DIMENSION REQUIREMENTS:

A. The requirements in the R-1 Zones as to minimum building site area, the maximum building height, the site of buildings, the minimum lot widths, the minimum frontage on public streets and dimensions of yards shall vary according to the area district in which the property is situated and shall be as set forth in the following table:

 

AREA	MINIMUM	MAXIMUM	MINIMUM	MINIMUM	MINIMUM
DISTRICT	BUILDING SITE	BUILDING	AVERAGE	STREET	REQUIRED
	(STATUTORY	HEIGHT	WIDTH OF	FRONTAGE	YARD
	PARCEL AREA)		LOT	OF LOT	DIMENSION
IE	60,000 sq. ft.	35 ft.	125 ft.	100 ft.	Rear: 40 ft
					*Side: 20 ft
					*Front: 40 ft
I	30,000 sq. ft.	35 ft.	125 ft.	100 ft.	Rear: 40 ft
					*Side: 20 ft
					*Front: 40 ft
II	20,000 sq. ft.	35 ft.	100 ft.	80 ft.	Rear: 40 ft
					*Side: 12 ft
					*Front: 40 ft
III	17,000 sq. ft.	30 ft.	100 ft.	80 ft.	Rear: 40 ft
					*Side: 12 ft
					*Front: 40 ft
IV	15,000 sq. ft.	30 ft.	85 ft.	70 ft.	Rear: 35 ft
					*Side: 10 ft
					*Front: 35 ft
V	12,000 sq. ft.	30 ft.	80 ft.	70 ft.	Rear: 30 ft
					*Side: 8 ft
					*Front: 30 ft
VI	10,000 sq. ft.	30 ft.	70 ft.	30 ft.	Rear: 25 ft
					*Side: 5 ft
					*Front: 25 ft
VII	9,000 sq. ft.	30 ft.	60 ft.	30 ft.	Rear: 25 ft
					*Side: 5 ft
					*Front: 25 ft

 

* No front yard or side yard shall have less than the respective yard dimension shown and delineated for each parcel of land on the “Yard Map”, which is on file in the City of San Marino Planning Department office 

 

B. Provided, however, that:

1. No front yard or side yard shall have less than the respective yard dimension shown and delineated for each lot on the "Yard Map".

2. On a corner lot in the R-1 Zones in any area district, the street side yard shall have a minimum width of fifteen feet (15') or such larger dimension as is specified in subsection A of this Section.

3. No building site shall have a frontage of less than sixty feet (60') on a public street.

4. The minimum average width as set forth in the above table shall be calculated by dividing the total area of the lot by its maximum depth.

5. The minimum street frontage required in subsection A of this Section shall, in all cases, be measured at the property line; except, that on cul-de-sac streets and on curves and knuckles having a radius of less than one hundred feet (100'), the minimum frontage required shall be measured on the chord of the front yard setback line, in which case, the frontage at the property line shall, in no event, be less than fifteen feet (15') less than the minimum frontage so required. (Ord. 096-1093, 7-10-1996)
 

23.02.10: LOT COVERAGE AND LIVEABLE AREA LIMITATIONS:

Neither the amount of lot coverage of all buildings on a lot nor the maximum liveable area of all buildings on a lot shall exceed the smaller of the areas determined by the percentages contained in the respective table below; except, that no building may be constructed without issuance of a conditional use permit on a substandard lot in the Area District IE that would exceed the maximum lot coverage or maximum liveable area permitted for the same size lot in Area District I.

 

MAXIMUM GROSS GROUND COVERAGE AND MAXIMUM LIVEABLE AREA

 

AREA	% of ACTUAL	% of STATUTORY
DISTRICT	PARCEL AREA	PARCEL AREA
IE	30	18
I	30	22
II	30	26
III	30	28
IV	30	30
V	40	30
VI	40	30
VII	40	30

 

Note: Statutory lot area is equivalent to minimum building site area. (Ord. 096-1093, 7-10-1996)

23.02.11: INCREASED LIMITS FOR LARGE LOTS:

If the actual lot area is larger than the statutory lot area for the area district, the square footage of the maximum lot coverage and the maximum liveable area may be increased by ten percent (10%) of the difference between the square footage of the actual lot area and the statutory lot area. (Ord. 096-1093, 7-10-1996)
 

23.02.12: CORNER LOT LIMITATIONS:

Corner lots in Area Districts V, VI and VII shall not have a maximum lot coverage and maximum liveable area in Area Districts V, VI, and VII which are more than ninety percent (90%) of the maximum amounts permitted under Sections 23.02.10 and 23.02.11 of this Article, without first having obtained a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.13: ENCROACHMENT LIMITATION:

No building or addition thereto, except for a garage or accessory building less than twelve feet (12') in height, with no attached habitable space, shall be constructed which would encroach beyond the thirty degree (30° ) structural encroachment line as indicated by the following diagram on the following page, adopted and made a part of this Chapter without having first obtained a conditional use permit. The means of calculating the encroachment shall be as indicated on the diagram. Garages or accessory buildings greater than twelve feet (12') in height or with habitable space shall be subject to the encroachment limitations. MAXIMUM ALLOWED STRUCTURAL ENCROACHMENT
 

23.02.14: LIMITATION ON NUMBER OF PERMITTED BEDROOMS:

No residential building in the R-1 Zones shall have more than six (6) bedrooms, as defined in Section 23.01.01 of this Chapter, without having first obtained a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.15: LIMITATION ON STORIES:

No residential building in the R-1 Zones shall have more than two (2) stories, excluding uninhabitable basements and attics, without having first obtained a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.02.16: SIDE YARD LIMITATIONS:

Notwithstanding the requirements of subsection 23.02.09A of this Article, all parcels shall provide one unobstructed side yard clearance width of five feet (5'), except that gates no less than three feet (3') in width are permitted. (Ord. 096-1093, 7-10-1996)
 

23.02.17: FRONT YARD DEVELOPMENT LIMITATIONS:

No person shall, on a lot in the R-1 Zones, construct the following within the front yard nor within the required side yard of a corner lot facing the street:

A. Swimming pools.

B. Paved recreation courts. (Ord. 096-1093, 7-10-1996)
 

23.02.18: YARD ABUTTING ON TWO STREETS:

Lots fronting on two (2) streets, wherein the rear yard has the appearance to neighboring properties on the rear street as a front yard, shall have the same development limitations in the rear yard as if the rear yard were, in fact, a front yard, unless a conditional use permit shall have been issued. (Ord. 096-1093, 7-10-1996)
 

23.02.19: REQUEST FOR DEVIATION:

A request to deviate from the requirements contained in this Section shall be granted only as follows:

A. For those cases where the proposed lot coverage or liveable area is to exceed thirty percent (30%) of the actual lot area, a deviation shall be granted only by the issuance of a variance. For lots in Area Districts V, VI and VII which are less than the statutory lot area, the above percentage shall be forty percent (40%) of the actual lot area, not to exceed thirty percent (30%) of the statutory area.

B. For those cases where the proposed lot coverage or liveable area is to exceed the provisions of Sections 23.02.10, 23.02.11, and 23.02.12 of this Article, whichever is applicable, but is less than the lot coverage or liveable area limits of subsection A of this Section, a deviation shall be granted by the issuance of a conditional use permit. If the limits of subsection A of this Section are exceeded, its provisions shall govern.

C. Notwithstanding subsections A and B of this Section, a conditional use permit may be issued in Area Districts V, VI and VII to authorize the following deviations for single-story residences:

1. For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, an increase over the lot coverage allowed under subsection A of this Section up to two hundred (200) square feet.

2. For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, an increase up to two hundred (200) square feet over the lot coverage allowed under Sections 23.02.10 and 23.02.11 of this Article.

3. No conditional use permit may be granted under this subsection C for a two (2) story structure. No person may subsequently construct a two (2) story building on a lot for which a conditional use permit has been granted under this subsection C unless the structure authorized pursuant to the conditional use permit is removed. (Ord. 096-1093, 7-10-1996)

D. Notwithstanding subsections A and B of this Section, a conditional use permit may be granted in Area Districts V, VI, and VII to authorize an increase in liveable area for an addition to an existing residence meeting the following criteria:

1. For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, a maximum increase of four hundred (400) square feet over the liveable area allowed under subsection A of this Section.

2. For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, a maximum increase of three hundred (300) square feet over the liveable area allowed under Sections 23.02.10 and 23.02.11 of this Article.

3. No conditional use permit shall be granted under this subsection D unless the Planning Commission makes the following findings in addition to those required by Section 23.07.02 of this Chapter:

a. The addition will be for the following purposes:

(1) Enlarging a kitchen, bedroom; or

(2) Creating or enlarging a family room, utility room, closets, or bathrooms.

b. Any increase in lot coverage will be limited to covered areas created by extending existing walls excluding architectural projections such as fireplaces, cornices or eaves in straight lines to enclose areas between those existing walls and that the existing walls will not be removed or relocated as part of the addition.

c. The proposed addition will not change the front elevation of the house.

d. The addition will not increase the existing height of the residence.

e. The windows, doors, roof materials and other architectural features of the entire residence will be consistent.

f. The addition will not increase the lot coverage beyond the maximum permitted for the lot.

g. The current owner of the residence has not constructed an addition to the home within the past ten (10) years that increased the lot coverage or liveable area. (Ord. 097-1110, 6-20-1997)
 

23.02.20: EXISTING NONCONFORMING USE:

Except as provided in Section 23.06.10 of this Chapter, no building shall be deemed nonconforming solely by reason of exceeding the maximum lot coverage, maximum liveable area or encroachment limitation if lawfully constructed in accordance with all regulations applicable at the time of its construction. (Ord. 096-1093, 7-10-1996)
 

23.02.21: REQUIREMENT FOR CONFORMANCE:

No main building or accessory building shall be constructed or expanded, nor shall any residential building be reconstructed or altered to the extent of more than fifty percent (50%) of its replacement value, determined cumulatively over a consecutive five (5) year period, unless, together with all other buildings on the same lot (except open roof buildings such as pergolas), such building shall meet all requirements contained in this Section and Section 23.02.22 of this Article. The value of such construction shall be based on the calculations from the latest edition of the "Building Standards" as published by the International Conference of Planning and Building Directors. This Section shall not apply to existing legal nonconforming residential or accessory buildings damaged by fire or earthquake and rebuilt on prior foundations to the preexisting configuration and style. (Ord. 096-1093, 7-10-1996)
 

23.02.22: GARAGE SPACE REQUIREMENTS:

A. New Construction: No new residential building shall be constructed unless there is provided on the same lot a garage providing the number of car spaces and meeting the standards contained in subsection C of this Section.

B. Additions To Existing Buildings: The addition of any bedroom to an existing lot or the increase of gross floor area to any existing bedroom by more than twenty five percent (25%) of existing liveable area shall require the number of car spaces to be brought to the standards contained in subsection C of this Section.

C. Number Of Car Spaces Required For Number Of Bedrooms: The following number of car spaces for the storage of vehicles shall be provided in an enclosed garage:

Number Of Bedrooms Number Of Car Spaces

1 to 4 2

5 or 6 3

7 or more 4 plus 1 space for every 2 additional bedrooms

D. New Garage Construction: No garage providing more than two (2) car spaces with a door, the plane of which is parallel or nearly parallel to the front line of the property, shall be constructed in the front yard of a newly constructed residential building, or one which is altered to the extent of more than fifty percent (50%) of its replacement value unless the lot shall have a frontage width of one hundred feet (100') or greater. (Ord. 096-1093, 7-10-1996)
 

23.02.23: BUILDING CONSTRUCTION REQUIREMENTS WITH RESPECT TO MANUFACTURED HOMES:

Manufactured, prefabricated or mobile home construction shall be permitted only as authorized and preempted by State law and otherwise shall be prohibited.

A. Minimum Dimensions: Thirty feet (30') (excluding garage).

B. Roof: Pressure treated, fire retardant wood shake or shingle, 300# or heavier composition shingle, clay or cement tile, rock, or gravel; shaped, rolled or reflective roofs are prohibited.

C. Eaves: Minimum sixteen inch (16") eave protection unless otherwise approved by the Commission.

D. Exterior Wall Treatment:

1. Permitted Materials: Wood siding, stucco, brick or as approved by the Commission.

2. Color: Natural earth tones, white, with complementary trim color.

3. Prohibited Materials: No reflective, glossy, polished, roll-formed, stamped, extruded, plastic, PVC or similar type of materials shall be used for roofing or siding.

E. Foundation Required: All manufactured homes shall be installed on a foundation system, pursuant to section 18551 of the California Health and Safety Code, and no more than ten (10) years shall have elapsed between the date of manufacture of the home and the date of the application for issuance of a permit to install the manufactured home in the City.

F. Design Review: Such manufactured homes shall meet all other requirements of this Code and are subject to design review as provided in Section 23.15.03 of this Chapter. (Ord. 096-1093, 7-10-1996)
 

23.02.24: SECOND UNITS:

A. Purpose: The purpose of this Section is to implement State Legislature Senate Bill No. 1534, chapter 1440 of 1982 (G.C. 65852.2) to permit the creation of second units in certain residential zones within the City.

It is also the purpose of this Section to ensure that the creation of a second unit shall not create or add problems of overcrowding of streets, utilities, parks and open spaces and other community facilities and downgrading of living environment and lifestyles in the City.

B. Areas Permitted: One second unit shall be permitted only on lots at least fifteen thousand (15,000) square feet in area, subject to the same development standards as that set forth for the zone in which the second unit is to be located.

C. Conditional Use Permit Required: A conditional use permit shall be required for creation/development of a second unit in accordance with the procedures stated in this Code and the following development standards:

1. Minimum Liveable Area: The minimum liveable area for a second unit shall be not less than six hundred (600) square feet.

2. Maximum Liveable Area: The maximum liveable area of the second unit shall be not more than one thousand (1,000) square feet.

3. Separation Walls: Common walls separating dwelling units shall be properly soundproofed. Details of proposed means of soundproofing shall be submitted with application for conditional use permit.

4. Design Continuity: The design of the second unit shall be consistent with that of the main building.

5. Separate Entrance Required: A separate entrance shall be provided for the second unit. The entrance shall not be from the front of the main building.

6. Single Ownership Required: Any second unit shall, at all times, be held under the same ownership as the remainder of the lot on which it is located as recorded with the County Assessor's or Recorder's office.

7. Utilities: A second unit may not have separate utility services nor may the electrical service be overloaded by the addition.

8. Applicant: The applicant for a second unit shall be a fee owner, and the conditional use permit will expire upon: a) failure to exercise the right granted by the conditional use permit for a period of six (6) months; b) the expiration of ten (10) years, whichever first occurs.

D. Recordation: A covenant running with the land shall be recorded by every applicant, permitting the City to enforce these provisions at the cost of the owner. (Ord. 096-1093, 7-10-1996)
 

23.02.25: SLEEPING QUARTERS AIR SPACE REQUIREMENTS:

A. Air Space Requirements: Each single-family dwelling unit located in the R-1 Zones shall comply with the following air space requirements:

1. It shall be unlawful for a person to occupy or permit another person to occupy any room in a single-family dwelling unit for sleeping purposes unless such room shall contain at least five hundred sixty (560) cubic feet of air space.

2. It shall be unlawful for a person to permit other persons or for two (2) persons to occupy any room in a single-family dwelling unit for sleeping purposes unless such room contains at least six hundred forty (640) cubic feet of air space plus five hundred (500) cubic feet of air space for each person occupying the room in excess of two (2) persons.

3. Hallways, passageways, bathrooms or toilet rooms shall not be considered in the determination of the available air space in sleeping quarters.

B. Existing Nonconformance: No building shall be deemed nonconforming pursuant to subsection A of this Section solely on the basis of available air space in sleeping quarters lawfully constructed in accordance with all regulations applicable at the time of its construction. Existing occupants may continue to occupy the dwelling unit in the same manner, but new occupants may not so occupy the dwelling unit. (Ord. 096-1093, 7-10-1996)
 

23.02.26: ANNEXED LAND TO BE ZONED R-1:

Any land annexed to the City after August 8, 1953, is hereby automatically zoned as R-1, except by specific action by the Council, and the "Zone Map" shall immediately thereupon be amended accordingly. (Ord. 096-1093, 7-10-1996)
  

23.02.27: SUBDIVISIONS SUBJECT TO YARD REQUIREMENTS:

Any subdivision in the City recorded after August 8, 1953, shall be automatically subject to the yard requirements specified in Section 23.02.09 of this Article, unless otherwise approved by the Commission. (Ord. 096-1093, 7-10-1996)
  

23.02.28: DEMOLITION OF RESIDENTIAL STRUCTURES:

No person may demolish a residential structure in the R-1 Zones unless the City shall first have issued all necessary permits for the improvements that will replace the demolished structure, including, but not limited to, any required design review approval, conditional use permit, variance and building permit. Notwithstanding the above, the City may issue a permit to demolish a structure without approval of all necessary permits for the replacement improvements if the Commission, or Council on appeal, shall determine that the residential structure proposed for removal constitutes an immediate threat to the public safety, health or welfare. (Ord. 096-1093, 7-10-1996)
  

23.02.29: DETERMINATION OF FRONT YARD FOR CORNER LOTS:

On a corner lot, the front yard shall be adjacent to the street on which the lot has the smaller frontage. Deviation from this Section shall require Commission approval. The Commission may determine that a different side of the lot be considered the front yard, provided that they make necessary findings. (Ord. 096-1093, 7-10-1996)

---

 

ARTICLE 03

C-1 COMMERCIAL ZONE- Back to top

SECTION:

23.03.01: Uses

23.03.02: Building Height Limit

23.03.03: Site Area Requirements

23.03.04: Site Development Requirements

23.03.05: Front Yard Requirements

23.03.06: Side Yard Requirements

23.03.07: Rear Yard Requirements

23.03.08: Demolition Of Commercial Structures

23.03.09: Wireless Telecommunications Facilities
 
 

23.03.01: USES:

The following uses shall be permitted in the C-1 zone:

A. Beauty shops, banks, barbershops, churches, retail business establishments, retail stores, markets/grocery stores, convenience stores, financial service offices, medical laboratories, professional offices, public parking areas, repair shops, tutorial services, adult enrichment centers (with fewer than 10 students on the premises at the same time), but not including and specifically excluding: (Ord. 098-1128, 1-13-1999)

1. Secondhand stores.

2. Self-service laundries.

3. Car wash with chain racks.

4. Auto wrecking establishments.

5. Automobile painting and body and fender work unless incidental to the operation of a new automobile agency.

6. Trailer rental or sales establishments.

7. Restaurants or any other similar type of food or beverage business the patronage of which consists, in whole or in part, of motorists who are served while remaining in their vehicles.

8. Wayside stands located on or adjacent to public streets or highways where foods or beverages are sold for outdoor consumption.

9. Public dance halls.

10. Sports arenas.

11. Hospitals.

12. Commercial storage or warehouse facilities.

13. Mortuaries.

14. Motels and hotels.

15. Trailer coach camps.

16. Manufacturing use of any kind.

17. Wholesale business establishments involving storage or warehousing. (Ord. 096-1093, 7-10-1996)

18. On-site retailers of alcoholic beverages (other than beer and wine, authorized pursuant to subsection C15 of this section); cocktail lounges and bars. (Ord. 097-1118, 1-14-1998)

19. The sale or display for sale of any goods, wares or merchandise stored or maintained other than in an enclosed building, except nurseries may display nursery stock (and garden supplies if set back at least 25 feet), and gasoline service stations may display automotive supplies within five feet (5') of the central office or on the pump island.

20. Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which are or may be detrimental to the safety, welfare, health, peace and morals of the city and its residents. (Ord. 096-1093, 7-10-1996)

21. On-site retailers of alcoholic beverages for consumption on the premises. This subsection A21 shall be suspended for as long as subsection A18 of this section remains in effect. If subsection A18 of this section is declared invalid by a court of competent jurisdiction, then this subsection A21 shall immediately become effective and subsection C15 of this section shall be of no further force and effect. (Ord. 097-1118, 1-14-1998)

22. Self-service fuel pumps (not exceeding 1 fuel pump island). (Ord. 0-00-1138, 5-10-2000)

23. Any other use not specifically authorized herein. (Ord. 096-1093, 7-10-1996; amd. Ord. 097-1118, 1-14-1998; Ord. 0-00-1138, 5-10-2000)

B. Signs which are accessory to and used in conjunction with a permitted primary use and which conform to the requirements of article 12 of this chapter.

C. The uses hereinafter set forth are declared to possess characteristics of such unique and special form as to make impractical an advance classification of "permitted" or "prohibited" use in the C-1 zone. The location, development and operation of each of the following and all matters directly related thereto are therefore declared to be subject to the prerequisite of a conditional use permit, and each such use shall be prohibited until a conditional use permit has first been issued pursuant to the provisions of article 07 of this chapter. No permit shall be issued for, nor be effective to permit, any of the uses included herein if the same is prohibited by other provisions of this code. None of the uses set forth herein shall be presumed as permitted uses, and the burden of proof shall be upon the applicant to show justification for each such permit.

1. Any residential or R-1 use.

2. Used car establishments.

3. Medical or dental clinics.

4. The storing by a business or office of any of its equipment or material in the open. (Ord. 096-1093, 7-10-1996)

5. Self-service fuel pumps (exceeding 1 fuel pump island). (Ord. 0-00-1138, 5-10-2000)

6. Public utility or commercial antenna equipment, except offices. (The provisions hereof shall have no application to communication lines, electric transmission or distribution lines, transformers or meters used directly or indirectly for providing services to the public or any portion thereof by persons, firms or corporations subject to the jurisdiction of and regulation by the Public Utilities Commission of the State of California.)

7. Gymnasiums, massage parlors and health centers.

8. Motion picture theaters.

9. Government uses.

10. New car establishments.

11. Commercial recreation facilities.

12. Commercial advertising.

13. Schools.

14. Animal boarding. (Ord. 096-1093, 7-10-1996)

15. On-site retailers of beer and wine on premises located at least five hundred feet (500') from all school properties, both public and private and further subject to the following conditions:

a. There shall be no bar or lounge area upon the licensed premises.

b. The sale and consumption of beer and wine shall be permitted only in conjunction with the sale and consumption of complete meals. No beer and wine shall be sold or consumed with the sale of snack food.

c. Live entertainment, amplified music, or dancing shall not be permitted on the premises at any time.

d. There shall be no exterior advertising of any kind or type including advertising directed to the exterior from within, promoting or indicating the availability of beer and wine. Interior displays of beer and wine which are clearly visible to the exterior shall not be permitted.

e. The quarterly gross sales of beer and wine shall not exceed twenty five percent (25%) of all gross sales of all food products sold for consumption on the premises during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of beer and wine and the gross sales of all other items at the licensed business. Said records shall be totaled no less frequently than on a quarterly basis and shall be made available to the city on demand.

f. The premises shall possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public.

g. There shall be no serving and/or sales of beer or wine prior to eleven o'clock (11:00) A.M. or later than ten o'clock (10:00) P.M.

h. The purpose of these restrictions is to ensure that the sale and consumption of beer and wine is ancillary to the use of the premises as a restaurant for the consumption of meals and to ensure that the premises does not develop into a bar, lounge, or other facility where the sale and consumption of beer and wine is the primary use. (Ord. 097-1118, 1-14-1998)

16. Any of the prohibited uses set forth in subsections A1 through A21 of this section is held to be invalid or inapplicable for any reason whatsoever, then such use shall immediately and automatically be classified hereunder as a conditional use, subject to the provisions of this subsection C.

17. Antique stores which exclusively sell works of art, pieces of furniture or decorative objects, made at least one hundred (100) years ago.

18. A use related to and ancillary to the general instruction provided by a school accredited by public school authorities, which is operated by a legal entity other than the governing body of the school and which is to be located on property owned by the school and which has received the prior approval of the governing body of said school. The conditional use permit required by this subsection C shall be filed by the proposed operating entity.

19. Restaurants, the establishment or expansion of.

20. Real estate offices proposed to be located or expanded in a building which is legal nonconforming by virtue of failing to provide minimum off-street parking but which does provide at least one parking space per three hundred fifty (350) square feet of gross floor area. This requirement shall not apply to a change from one real estate office to another real estate office so long as the portion of the building devoted to such use is not expanded and the use is not abandoned for the period of time specified in subsection 23.06.08A of this chapter.

21. Stock brokerage offices proposed to be located or expanded in a building which is legal nonconforming by virtue of failing to provide minimum off-street parking but which does provide at least one parking space per two hundred seventy five (275) square feet of gross floor area. This requirement shall not apply to a change from one stock brokerage office to another stock brokerage office so long as the portion of the building devoted to such use is not expanded and the use is not abandoned for the period of time specified in subsection 23.06.08A of this chapter. (Ord. 096-1093, 7-10-1996)

22. Adult enrichment centers with more than nine (9) students on the premises at the same time or hosting classes other than between the hours of six o'clock (6:00) P.M. to ten o'clock (10:00) P.M. (Ord. 098-1128, 1-13-1999)

D. State authorized childcare and convalescent homes which are facilities preempted by the state or authorized by the state in residential areas and shall be classified as a conditional use requiring a conditional use permit pursuant to the provisions of this chapter.

E. No business located within two hundred feet (200') of the R-1 zone shall operate between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. unless a conditional use permit shall first have been applied for, processed and granted.

F. Service stations are permitted, subject to the issuance by the commission of a conditional use permit in compliance with the following provisions:

1. New Stations: Applicants for new stations shall submit plans indicating conformity with the provisions of this subsection F.

2. Existing Nonconforming Service Stations: Service stations in existence prior to January 27, 1955, which have been damaged or partially destroyed or which shall be added to or structurally altered to the extent of more than fifty percent (50%) of current value of the main structure in any one year may not be occupied or used except in conformity with the provisions of this chapter unless a variance is granted.

3. Application: An application shall be submitted according to the requirements established by the commission.

4. Yard And Density Requirements:

a. Lot Area: Each service station shall be located on a lot having an area of not less than fourteen thousand (14,000) square feet.

b. Lot Width: Each service station shall be located on a lot having a width of not less than one hundred twenty feet (120').

c. Setbacks:

(1) Each building shall have a setback of at least ten feet (10') from any property line.

(2) All gasoline pumps, or other facilities for providing automobiles with gasoline, and pump islands upon which they are placed, shall have a setback of at least twenty feet (20') from any property line.

(3) Increased setbacks may be required for any service station if the commission deems the setbacks necessary to provide for the protection of property values, safety, health or welfare.

5. Activities Permitted And Prohibited:

a. Vehicles:

(1) No vehicles shall be parked on service station property other than those vehicles being serviced for customers, vehicles of employees and tow trucks and other service vehicles. Vehicle parking on a day-to-day basis may be permitted hereunder, but in no event, shall vehicles other than employee vehicles, vehicles being serviced or service vehicles be left overnight.

(2) Vehicles being serviced shall not be kept upon the service station property in excess of one hundred twenty (120) hours (5 days), and no campers, motor homes, boats, trailers or parts thereof shall be kept upon the service station property for more than one hundred twenty (120) hours.

(3) All vehicles waiting for service or parked and under the control of any employee shall be parked exclusively on private property.

(4) No inoperable vehicle shall be kept upon a service station property for more than one hundred twenty (120) hours.

(5) Service stations shall maintain adequate circulation routes for emergency vehicles at all times.

b. Automobile Service Stations: Sales and services shall be limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling of motorist needs including, but not limited to, sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and performance of minor automotive maintenance and repair; and the supplying of other incidental automotive services and products. Major automotive repairs, such as rebuilding engines and transmission work, and painting and body and fender work are prohibited.

c. Location Of Automotive Operations: Automotive repair, washing and lubricating operations shall be conducted within the service station building which shall have suitable ducts for drainage to sewer facilities.

6. Access, Parking And Circulation Requirements:

a. Accessways: No service station shall have more than two (2) accessways to any one street.

(1) Accessways shall be located a minimum of ten feet (10') from adjoining residential property lines.

(2) No accessway shall be allowed to encroach into the curve of a street corner unless the radius of the curb return is greater than thirty feet (30').

b. Traffic Hazards: The commission may modify access requirements if a change in the location and number thereof will reduce the possibilities of traffic hazards.

c. Parking Requirements:

(1) On-site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces.

(2) No parking of commercial vehicles except tow trucks and vehicles being serviced, shall be permitted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

(3) No vehicles may be parked on sidewalks, parkways, driveways or alleys.

(4) No vehicles may be parked on the premises and offered for sale, lease or rent.

7. Signs As Permitted By This Code:

a. Signs shall not cause any glare or reflection of light on other property or buildings.

b. No banners shall be permitted.

c. All signs shall comply with the provisions of article 12 of this chapter.

8. Fire-Resistant Wall: Where a service station adjoins property in a residential zone, a seven foot (7') high solid masonry wall shall be constructed on contiguous property lines, except where:

a. The wall reaches the established front yard setback of such adjoining residential property, it shall decrease to a height of three feet (3').

b. The wall reaches the established side yard setback of such adjoining residential property, it shall decrease to a height of six feet (6') and shall not exceed four feet (4') in height when located within two feet (2') of side yard property line.

9. Lighting: All outside lighting shall be so arranged and shielded as to prevent any glare or reflection and any nuisance, inconvenience or hazardous interference of any kind on adjoining streets or property.

10. Landscaping:

a. Five foot (5') wide planters shall be located and maintained adjacent to every street frontage except for curb cut openings.

b. A planting area of one hundred fifty (150) square feet in size shall be located and maintained at the intersection of two (2) property lines at a street corner.

c. Five foot (5') wide planters shall be located and maintained along the walls of the interior property lines from street line 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).

d. A planting area thirty (30) square feet in size shall be located and maintained along the building facades fronting on streets.

e. All landscaped areas shall have permanent irrigation systems and such areas shall be planted and well maintained.

f. All planting areas shall be separated from adjacent asphaltic concrete paving or concrete paving by a minimum six inch (6") high curb wall.

g. All planting shall be a variety that will not achieve a height greater than three feet (3') (except trees) and shall not be thorny or spiked and shall not extend over the sidewalk.

11. Special Use And Facility Requirements:

a. All utility services to buildings shall be installed below grade.

b. Entrances of all restrooms shall be screened from view of adjacent properties or street rights of way by solid decorative screening at least six feet (6') high. (Ord. 096-1093, 7-10-1996)

c. All deliveries made to service stations, which are either adjacent to the R-1 zone or adjacent to an alley separating the R-1 zone from the service station, adjacent to residential zones, shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

d. Service stations adjacent to an R-1 zoned property shall close between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., and all business activities, except servicing of vehicles with gasoline and oil, must be confined to the hours between six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. daily.

e. All outside trash, garbage, refuse and storage areas shall be connected to the main building and shall be enclosed on at least three (3) sides by a five foot (5') structure. Provisions for adequate vehicular access to and from such areas for collection of trash and garbage shall be provided.

f. No sale, lease or rental of items, not clearly incidental to automotive services shall be permitted, except that sales of food, beverages and cigarettes in vending machines, or similar dispensers located in a building shall be permitted.

g. All display of automotive supplies shall be restricted to within five feet (5') of the central business office or on the pump island. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-00-1138, 5-10-2000)

12. Permit Prohibitions: No permit shall be issued for, nor be effective to permit, any use if the same is prohibited by other provisions of this code, nor shall "service station", as used herein, include chain, automatic or coin-operated wash racks, all of which are prohibited.

13. Sale Of Alcoholic Beverages:

a. The sale of alcoholic beverages in conjunction with the sale of motor vehicle fuels shall be permitted in C-1 zones only upon the issuance of a conditional use permit.

b. For purposes of this subsection, alcoholic beverage shall include any beverage containing more than three percent (3%) alcohol content by volume.

c. In addition to such conditions as may be imposed pursuant to this subsection F13, the following development standards shall be mandatory conditions of such grant:

(1) No alcoholic beverages shall be displayed within five feet (5') of the cash register or the front door of the building.

(2) No advertisement of alcoholic beverages shall be displayed except within the building which is not visible from the street or adjacent properties.

(3) No self-illuminated signs shall be used for the sale of alcoholic beverages.

(4) No sale of alcoholic beverages shall be made from a drive-in window.

(5) No alcoholic beverages shall be displayed for sale except from an enclosed display area.

(6) Between six o'clock (6:00) P.M. and closing, employees on duty who sell any alcoholic beverage shall be at least twenty one (21) years of age.

d. Sale of any alcoholic beverage to a person below the age of twenty one (21) years shall be grounds for revocation of the conditional use permit. (Ord. 096-1093, 7-10-1996)

G. Auto grooming/detailing services are permitted only in locations where the last legitimate use was a service station, subject to the issuance of a conditional use permit by the planning commission in compliance with the following provisions:

1. Use Requirements:

a. All detailing, washing, steam cleaning and other services, with the exception of hand drying or vacuuming a vehicle, shall occur only within an enclosed building.

b. A grease interceptor or trap shall be installed for all drains which accept the runoff resulting from cleaning.

c. No vehicles waiting to be serviced, being serviced or waiting to be picked up following servicing, may be fully or partially parked on any public right of way.

d. No vehicle shall be stored or parked on the property for a period greater than forty eight (48) hours.

e. No vehicle may be advertised for sale or sold on the premises.

2. Design Requirements:

a. Any existing fuel pumps and underground tanks shall be removed and the soil cleaned, if necessary, in compliance with all applicable laws, statutes, and ordinances.

b. Any preexisting pump island and canopy shall be removed, unless the commission deems the structure to be architecturally compatible with the neighboring properties.

c. Only one sign is permitted on the premises. Size and location shall be in accordance with section 23.12.01 of this chapter.

d. Landscaping shall be provided in accordance with subsection F10 of this section for service stations.

e. The usage of temporary canopies, awnings, or carports is prohibited. (Ord. 099-1133, 7-14-1999)
 

23.03.02: BUILDING HEIGHT LIMIT:

The maximum building height in the C-1 zone shall be thirty feet (30'). Wireless telecommunications facilities shall not be included in determining the height of a building, but are subject to subsection 23.03.09D of this article. (Ord. 096-1091, 9-11-1996)
  

23.03.03: SITE AREA REQUIREMENTS:

No building in the C-1 zone, all or any portion of which is used for dwelling purposes, shall occupy a building site which provides less than five thousand (5,000) square feet of land area per family. (Ord. 096-1093, 7-10-1996)
 

23.03.04: SITE DEVELOPMENT REQUIREMENTS:

A. Screening: Loading docks, loading areas, surface yards, or sales area and all trash, rubbish or garbage or refuse containers which are located in a direct line of vision from any portion of adjacent R-1 zoned properties shall be screened and/or be separated from such R-1 zoned properties by a view-obscuring fence or wall not less than six feet (6') in height, measured from the finished grade of such surface, yard or other area. No outdoor storage shall be permitted to extend above the height of such fence or wall.

B. Outdoor Lighting: All outdoor lighting shall be constructed, operated and maintained so as to shine away from and to eliminate any interference with or nuisance to such R-1 zoned properties.

C. Signs And Driveways: All signs, advertising structures and the like located upon such properties, and all driveways to and from such properties shall, as far as inconsistent with the public safety, be located as remote as physically possible from R-1 zoned properties when such are located on the same side of the street as said C-1 zoned properties.

D. Exterior Devices: All mechanical heating, air conditioning refrigeration or similar devices maintained and operated on the exterior of buildings located in the C-1 Zone shall be enclosed and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, and similar adverse impacts on adjacent R-1 zoned properties.

E. Conditional Use Permit Required For Following Projects:

1. Construction of any new building.

2. Addition, renovation or remodeling of any existing building when the value thereof is more than twenty percent (20%) of the estimated value of the existing building. The value of the proposed addition, renovation or remodeling shall be cumulative of all such renovation, addition or remodeling over five (5) years.

No such addition, renovation or remodeling performed prior to September 17, 1986, shall be considered for purposes of determining the cumulative value under this Section.

The value of the proposed construction and of the existing building shall be determined by the Planning and Building Department based upon the latest edition of the "Building Standards" as published by the International Conference of Building Officials.

3. Division of existing building space to accommodate an additional use, business or occupancy.

F. Off-Street Parking: No off-street parking shall be permitted in front of any building or, in the case of a corner lot, on either the front or side street of the building facing a street. No off-street parking space shall be located within fifty feet (50') of a corner of an intersection of two (2) streets. Suitable planting or screening of parking spaces, approved by the Commission, shall be provided along public sidewalks. (Ord. 096-1093, 7-10-1996)
 

23.03.05: FRONT YARD REQUIREMENTS:

No front yards shall be required in the C-1 Zone; except, that no building used exclusively for dwelling purposes shall be less than twenty five feet (25') from the front property line of the building site. (Ord. 096-1093, 7-10-1996)
 

23.03.06: SIDE YARD REQUIREMENTS:

No side yard shall be required in the C-1 Zone, except as follows:

Any building or structure constructed upon a C-1 zoned lot or with a side which abuts an R-1 residential zoned lot (without benefit of an alley separating the 2 lots) shall have the following yard requirements on the side abutting such R-1 zoned lot:

A. Single-story buildings (16 foot maximum height) shall provide an eight foot (8') minimum side yard.

B. Multi-story buildings (30 foot maximum height) shall provide an eighteen foot (18') minimum side yard.

C. All side yards herein specified shall be improved to provide:

1. A paved off-street parking area or paved driveway constructed/installed to City standards; or

2. A side yard which is surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purposes of this provision, surfacing of concrete or asphalt placed on soil treated for weed control, together with appropriate landscaping or other material approved by the City, shall be constructed/installed and maintained. (Ord. 096-1093, 7-10-1996)
 

23.03.07: REAR YARD REQUIREMENTS:

Rear yards in the C-1 Zone shall not be less than twenty feet (20') as provided in the definition of a "rear yard" contained in Section 23.01.01 of this Chapter. (Ord. 096-1093, 7-10-1996)
 

23.03.08: DEMOLITION OF COMMERCIAL STRUCTURES:

No person may demolish a commercial structure in the C-1 Zone unless the City shall first have issued all necessary permits for the improvements that will replace the demolished structure, including, but not limited to, any required design review approval, conditional use permit, variance and building permit. Notwithstanding the above, the City may issue a permit to demolish a structure without approval of all necessary permits for the replacement improvements if the Commission, or Council on appeal, shall determine that the commercial structure proposed for removal constitutes an immediate threat to the public safety, health or welfare. (Ord. 096-1093, 7-10-1996)
 

23.03.09: WIRELESS TELECOMMUNICATIONS FACILITIES:

A. Wireless telecommunications monopoles are permitted in the C-1 Zone provided that a conditional use permit has first been issued.

B. Wireless telecommunications facilities mounted on the roof of a building are permitted in the C-1 Commercial Zone. Unless a conditional use permit is first obtained, the wireless telecommunications facilities must comply with the following requirements:

1. Wireless telecommunications facilities cannot be located closer than ten feet (10') to any side of the building.

2. Wireless telecommunications facilities cannot exceed eight feet (8') in height measured from the top of the nearest parapet wall.

3. Wireless telecommunications facilities must be painted a color designed to blend with the background. The proposed color shall be subject to the approval of the Planning and Building Director.

4. The supporting structure of any wireless telecommunications facility shall be designed with tubular members with no diagonal bracing visible from public view.

C. Wireless telecommunications facilities attached to the exterior facade of a building and/or the use of visual screening methods are permitted in the C-1 Zone and are subject to design review in accordance with subsection 23.15.03F of this Chapter.

D. Wireless telecommunications facilities which house a cellular antenna with a building enclosure located on the roof of a building are permitted in the C-1 Zone and are subject to design review in accordance with subsection 23.15.03G of this Chapter. A conditional use permit is required if the total height of the building and the wireless telecommunications facility exceeds thirty feet (30') in height and a variance if the total combined height exceeds fifty two feet (52').

E. Lighting that is attached to or illuminating the wireless telecommunications facility is prohibited.

F. Upon termination of use, the wireless telecommunications facility or monopole must be removed.

G. Certification that the wireless telecommunications facility or monopole complies with FCC (Federal Communications Commission) guidelines regarding all health and safety regulations shall be submitted to the City prior to obtaining building permit. (Ord. 096-1091, 9-11-1996)

ARTICLE 04

P&R PARK AND RECREATIONAL ZONE- Back to top

SECTION:

23.04.01: Uses Permitted
 

23.04.01: USES PERMITTED:

The following uses, and no other uses, are permitted in the P&R Park and Recreational (P&R) Zone:

A. Parks and parkways.

B. Playground and recreational.

C. Beautification and planting.

D. The construction and installation of all facilities necessary or convenient for any of the aforementioned uses. (Ord. 096-1093, 7-10-1996)

ARTICLE 05

HISTORICAL AND CULTURAL ZONE- Back to top

SECTION:

23.05.01: Uses Permitted

23.05.02: Wireless Telecommunications Facilities
 

23.05.01: USES PERMITTED:

A. The following uses, and no other uses, are permitted in the Historical and Cultural (H&C) Zone:

1. Museums.

2. Art galleries.

3. Libraries.

4. Arboretums and botanical gardens.

5. Greenhouses.

6. The construction, installation and operation of all accessory buildings and uses customarily incidental to such permitted uses, including employees and visitor facilities and parking areas.

7. Existing residential privileges for employees.

B. No use, building, parking area, roadway, access or other structure shall be established, constructed, enlarged or modified in the H&C Zone without the prior application for and grant of a conditional use permit pursuant to the provisions of Article 07 of this Chapter; except, that the following are permitted without the necessity of obtaining a conditional use permit:

1. Repair and maintenance of structures and other improvements and facilities in existence on the date the property is included in the H&C Zone or thereafter added in conformity with the requirements of this Section.

2. Renovation or internal modification of buildings and other structures in existence on the date the property is included in the H&C Zone or thereafter added in conformity with the requirements of this Section so long as such renovation or internal modification will not result in the increased use of the property by the public or enlarge the public areas of the facilities.

3. Replacement of any buildings or other structures in existence on the date the property is included in the Historical and Cultural Zone or thereafter added in conformity with the requirements of this Section that is destroyed or damaged by fire, flood, wind, earthquake or other natural calamity.

4. Improvements to, or additions of, nonhabitable garden facilities such as, but not limited to, fountains, sculptures, bridges, ponds, streams, walks, trellises, patios, curbs, gutters, signs and fences for aesthetic or security purposes; provided, that except for existing facilities, the same comply with the R-1 Zone, Area District (IE) setbacks and height limits.

5. Additions of service structures, such as, but not limited to, garden sheds, guard shelters, vehicle shelters, garden shelters and greenhouses; provided, that except for existing facilities, the same comply with the R-1 Zone, Area District (IE) setbacks and height limits.

C. The following controls are established for the Historical and Cultural Zone in order to protect the residential amenities and encourage use of public transportation:

1. Attendance (excluding staff) shall at no time exceed:

a. The following ratios relating to off-street parking spaces provided by the facility located in the Historical and Cultural Zone:

First 600 spaces: 4 persons per day per space;

Next 600 spaces: 3 persons per day per space;

Next 600 spaces: 2 persons per day per space; or

b. Three thousand six hundred (3,600) persons per day; whichever of subsection C1a or C1b is greater.

2. Such attendance limitation shall be enforced by the operators of the facility by a reservation system or any other method accomplishing the limitation approved by the Planning and Building Director.

3. No facility in the Historical and Cultural Zone shall be open to public visitation other than between ten thirty o'clock (10:30) A.M. and four thirty o'clock (4:30) P.M.

4. It is recognized that the need for such attendance and hour control may be increased or decreased because of changed circumstances, and therefore, the limitations imposed by this subsection C may be modified upward or downward by the City, from time to time, either in an application for a conditional use permit under subsection B of this Section or by the Commission or Council upon its own initiative under the procedures set forth for a conditional use permit.

5. This subsection C shall in no way be construed to alter, limit, predetermine or otherwise affect in any manner the requirements of subsection B of this Section.

D. Accessory commercial uses incidental to the permitted use authorized.

E. The official Zone and District Map referred to in this Zoning Code is hereby amended by deleting the following property from the R-1 Zone and placing such property in the Historical and Cultural Zone, all as shown on the Map on file in the Planning and Building Department: Tract Number 8414, Lots 4, 8, 9 and 15. (Ord. 096-1093, 7-10-1996)
 

23.05.02: WIRELESS TELECOMMUNICATIONS FACILITIES:

A. Wireless telecommunications monopoles are permitted in the H&C Zone provided that a conditional use permit has first been issued.

B. Wireless telecommunications facilities mounted on the roof of a building are permitted in the H&C Zone. Unless a conditional use permit is first obtained, the wireless telecommunications facility and panels must comply with the following requirements:

1. Wireless telecommunications facilities cannot be located closer than ten feet (10') to any side of the building.

2. Wireless telecommunications facilities cannot exceed eight feet (8') in height measured from the top of the nearest parapet wall.

3. Wireless telecommunications facilities must be painted a color designed to blend with the background. The proposed color shall be subject to the approval of the Planning and Building Director.

4. The supporting structure of any wireless telecommunications facility shall be designed with tubular members with no diagonal bracing visible from public view.

C. Wireless telecommunications facilities attached to the exterior facade of a building and/or the use of visual screening methods are permitted in the H&C Zone and are subject to design review in accordance with subsection 23.15.03F of this Chapter.

D. Wireless telecommunications facilities which house a cellular antenna with a building enclosure located on the roof of a building are permitted in the H&C Zone and are subject to design review in accordance with subsection 23.15.03G of this Chapter. A conditional use permit is required if the total height of the building and the wireless telecommunications facility exceeds thirty feet (30') in height and a variance if the total combined height exceeds fifty two feet (52').

E. Lighting that is attached to or illuminating the wireless telecommunications facility is prohibited.

F. Upon termination of use, the wireless telecommunications facility or monopole must be removed.

G. Certification that the wireless telecommunications facility or monopole complies with FCC (Federal Communications Commission) guidelines regarding all health and safety regulations shall be submitted to the City prior to obtaining building permit. (Ord. 096-1091, 9-11-1996)

ARTICLE 06

REQUIREMENTS AND RESTRICTIONS GENERALLY- Back to top

SECTION:

23.06.01: Uses Generally

23.06.02: Commercial Uses On R-1 Zoned Properties

23.06.03: Height Of Buildings

23.06.04: Yards Generally

23.06.05: Garages And Other Accessory Buildings

23.06.06: Satellite Antennas

23.06.07: Including Building Site Area Or Yard As Portion Of Area Or Yard For Another Building

23.06.08: Existing Nonconforming Uses

23.06.09: Existing Nonconforming Conditional Uses

23.06.10: Nonconforming Buildings

23.06.11: Repair, Relocation Or Alteration Of Damaged Buildings

23.06.12: Minimum Lot Area And Width Requirements Will Not Prevent Use For Single

Family Dwelling

23.06.13: Consistency With Hazardous Waste Management Plan

23.06.14: Prohibition Against Including Property Subject To Certain Easements For Purposes Of Determining Setbacks, Lot Coverage And Similar Requirements

23.06.15: Preservation Of Trees

23.06.16: Storage Of Construction Materials
 
 

23.06.01: USES GENERALLY:

A. It shall be unlawful for any person to erect, construct, establish, alter, add to or enlarge or to cause or permit to be erected, constructed, established, altered, added to or enlarged or to use or occupy or permit to be used or occupied any land, building or premises for any purpose or in any manner contrary to the provisions of this Chapter as to uses permitted or excluded, building height limit, building site area required, front, side or rear yards required and distance between buildings applicable to the particular zone or district in which such land, building or premises is located.

B. Uses other than those hereinabove specifically mentioned as uses permitted in the C-1 Zone may be permitted therein, provided that such uses are similar to those mentioned and are, in the opinion of the Commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned.

C. Uses other than those specifically mentioned as uses excluded from the C-1 Zone may be excluded therefrom; provided, that such uses are, in the opinion of the Commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned.

D. Any publicly owned building or property may be permitted in any zone or district described in this Chapter; provided, that the use thereof, if any, is, in the opinion of the Commission, not obnoxious or detrimental to the welfare of the community; provided further, that the findings of the Commission as to such use shall have been approved by the Council and recorded in the latter's minutes. (Ord. 096-1093, 7-10-1996)
 

23.06.02: COMMERCIAL USES ON R-1 ZONED PROPERTIES:

A. The development standards contained in Article 03 of this Chapter shall apply to all commercial uses located on R-1 Zone properties.

B. This Section shall not be construed to authorize the establishment of new commercial uses on R-1 Zone properties. (Ord. 096-1093, 7-10-1996)
 

23.06.03: HEIGHT OF BUILDINGS:

The permitted height of buildings shall be as defined in Section 23.01.01 of this Chapter. (Ord. 096-1093, 7-10-1996)
 

23.06.04: YARDS GENERALLY:

Where yards are required in this Chapter, they shall not be less in depth or width than the minimum dimension specified in any part of this Chapter, and they shall be, at every point, open and unobstructed from the ground to the sky, except as follows:

A. Outside stairways, porches or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance not to exceed three feet (3').

B. Architectural features may not extend above the adjacent eave line in height.

C. Architectural features, chimneys and fireplaces may extend into the side yard not to exceed two feet (2') and may extend into the front and rear yards not to exceed three feet (3').

D. "Decorative screens" (defined as fences or latticed walls used for architectural effect and not to increase habitable area) may extend into the required side yard for a distance not to exceed two feet (2') and into the required front and rear yards for a distance not to exceed three feet (3'), only if such decorative screens are limited to a height of ten feet (10').

E. For a primary structure in the R-1 zone with a legal nonconforming side yard setback, the existing side yard setback shall be considered the required side yard setback for any single story addition to or remodeling of that side of the structure, subject to the following requirements:

1. The addition shall have a minimum distance from the side lot line of at least five feet (5');

2. If the existing side yard setback is less than five feet (5'), a conditional use permit is first obtained;

3. The provisions of section 23.02.13 of this chapter and section 23.06.11 of this article shall still apply;

4. For purposes of an addition to the primary building, the side yard setback of the portion of the building to which the single story addition is added shall be utilized for determining the required setback for the addition, even if other portions of the existing building have a lesser setback; and

5. The addition must comply with rear yard and front yard setbacks. (Ord. 096-1093, 7-10-1996)
 

23.06.05: GARAGES AND OTHER ACCESSORY BUILDINGS:

A. No detached garage or accessory building shall exceed a height of sixteen feet (16'), except where supplied with a second story consisting of liveable area. In such case, the height shall not exceed thirty feet (30'). Height, for the purpose of this subsection, shall be measured from the datum plane.

B. 1. No garage or other accessory building may occupy the front yard or the required side yard of any lot except as provided in subsection G of this section. (Ord. 096-1093, 7-10-1996)

2. Swimming pool recirculation pumps, swimming pool filters and swimming pool heaters shall constitute structures and in the R-1 zone must be installed only in the rear yard between the side yard setback lines.

3. Air-conditioning condenser units shall constitute structures and in the R-1 zone must be installed in the rear yard between the side yard setback lines, unless either a conditional use permit is issued pursuant to article 7 of this chapter or the following conditions exist:

a. A condenser unit may be located in the street side yard of a corner lot, provided that it is set back at least five feet (5') from the street side property line and screened from public view.

b. No more than two (2) condenser units with a total combined capacity not exceeding seven (7) tons may be located in the side yard of an interior lot, provided that the center of each unit is located no less than thirty feet (30') from the nearest side yard setback line of the adjacent property, if each unit is enclosed within a minimum three foot (3') wooden structure, an intervening solid wall or fence exists between properties, each unit has a sound rating of 74 dB or lower (as measured in accordance with Air Conditioning and Refrigeration Institute Standard 270), and each unit has a motor housed within an insulated compartment. Plans, brochures and other supplementary documents shall be provided to the planning and building director for review and approval prior to the issuance of a mechanical permit for installation of the condenser unit(s). (Ord. 098-1120, 5-13-1998)

C. No detached garage or other accessory building shall be located less than ten feet (10') from any other building on the same lot. Eave projection shall not exceed twenty four inches (24") on each building into such required ten foot (10') separation.

D. Garages facing upon a public street with direct access provided from the street shall be set back at least twenty five feet (25') from the property line or the distance required by subsection 23.02.09A of this chapter and the yard map, whichever is greater.

E. No other detached accessory building shall be located closer than fifteen feet (15') to any street and shall comply with such greater setback as is provided by subsection 23.02.09A of this chapter or the yard map.

F. Garages and other accessory buildings, constituting a portion of or attached to the main building, shall be considered as part of the main building.

G. A detached garage or an accessory building which does not contain liveable area, may be permitted to occupy the rear yard and shall have a setback of at least two feet (2') from the side and rear property lines.

H. Accessory buildings containing liveable area may be permitted to occupy the rear yard; provided, that side yard setbacks are observed, in accordance with subsection 23.02.09A of this chapter. Rear yard setbacks shall be no less than the side yard setback required for the primary building.

I. Accessory buildings containing liveable area, which exceed six hundred (600) square feet in total lot coverage and/or total liveable area require a conditional use permit. Garages containing storage area, a workshop, or similar unhabitable space which exceeds seven hundred twenty (720) square feet in total lot coverage require a conditional use permit. Also, an addition of a bedroom or bathroom to an accessory building requires a conditional use permit.

J. Garages and other accessory buildings shall not occupy more than one-third (¹/₃) of the total area of the rear yard.

K. Where a common property line is the rear line of one lot and the side line of another lot, no accessory buildings may be located within the distance of the side yard setback of any such lot where such rear line abuts on the side line of the lot at any point between the front property line and rear line of the main building.

L. 1. Every residential structure hereafter constructed, or altered to the extent of more than fifty percent (50%) of its value, or equal to or exceeding twenty five percent (25%) in additional gross liveable area, cumulative over a five (5) year period, shall be provided with at least two (2) permanent off-street parking spaces located within an enclosed garage, situated within the required setbacks, constructed in conformity with all provisions of this code and providing the following minimum requirements, with an allowance of five inches (5") on each side for framing:

a. If one structure is provided, the gross clear floor area shall have dimensions of not less than twenty feet (20') in width and twenty feet (20') in depth.

b. Each additional car space within said garage shall have a minimum gross clear floor area of two hundred (200) square feet, with a minimum width of ten feet (10').

c. If two (2) structures are provided, each structure for a single car space shall have a gross clear floor area with dimensions of not less than ten feet (10') in width and twenty feet (20') in depth.

d. If individual doors are provided for each car space, the open door space shall be not less than eight feet (8') in width.

2. No garage may be constructed in the residential zone in connection with an existing residence unless such garage complies with subsection J of this section. (Ord. 096-1093, 7-10-1996)

M. Any garage constructed prior to January 10, 1997, shall be considered a conforming structure, provided that the garage has a clear floor area with dimensions of not less than eighteen feet (18') in width and twenty feet (20') in depth for a two (2) car garage, twenty seven feet (27') in width and twenty feet (20') in depth for a three (3) car garage, and an additional nine feet (9') of width for each additional car space. (Ord. 096-1104, 12-11-1996)

N. No person may provide car space in tandem within a garage in order to supply off-street parking required by subsection 23.02.22C of this chapter. The use of tandem garages in order to provide parking not required by subsection 23.02.22C of this chapter shall be allowed with the issuance of a conditional use permit. If a conditional use permit is issued for tandem parking, such parking may not later be used to supply parking required by subsection 23.02.22C of this chapter unless a variance for the tandem car spaces is first issued.

O. Accessory structures may be added to a preexisting nonconforming garage only if such accessory structure complies with all provisions of this code.

P. No existing garage may be converted to any permitted use other than for vehicle parking unless such property is provided with a garage facility meeting the requirements of this code.

Q. No carport may be constructed or reconstructed in an R-1 zone.

R. No building shall be deemed nonconforming solely by reason of existence of a carport lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in section 23.06.08 of this article. (Ord. 096-1093, 7-10-1996)
 

23.06.06: SATELLITE ANTENNAS:

Satellite antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish-shaped element, generally circular in shape, with a diameter of greater than thirty nine and thirty seven hundredths inches (39.37") (1 meter) in the residential zone, and seventy eight and seventy four hundredths inches (78.74") (2 meters) in the commercial zone, shall be considered structures in the context of the building and zoning codes, and shall be defined as "satellite antennas" for purposes of this section. Such satellite antennas shall not be roof mounted, nor located in the front or side yard, under circumstances where they will be visible from the street in the front or side of the building. Roof-mounted antennas shall conform to code requirements for such structural additions. Ground-mounted satellite antennas shall conform to the setback, height and other requirements for accessory buildings for the respective zone and area district in which the antenna is located. Relief from the requirements of this section may be provided by a conditional use permit. (Ord. 096-1093, 7-10-1996)
 

23.06.07: INCLUDING BUILDING SITE AREA OR YARD AS PORTION OF AREA OR YARD FOR ANOTHER BUILDING:

No portion of a lot which has been used as a building site or yard, in order to comply with the provisions of this chapter, shall be included as a part of an area or yard of another building on another lot. The building site area and yards of the original lot, required to comply with development regulations, cannot be reduced to less than the minimum building site area or yard dimensions required for the area district in which the original lot is classified. (Ord. 096-1093, 7-10-1996)
 

23.06.08: EXISTING NONCONFORMING USES:

Any otherwise lawful use of land or a building existing on August 8, 1953, the time this chapter, or amendment thereto becomes effective, but not conforming to the provisions hereof may be continued; provided: (Ord. 098-1121, 6-10-1998)

A. That if such use is abandoned, the following provisions shall apply:

1. If the use is nonconforming solely for failure to meet the applicable off-street parking requirements of this chapter and is abandoned for a period of twelve (12) consecutive months, no use may be established or reestablished unless additional parking in excess of that existing on the date the use was abandoned is provided and a conditional use permit is issued pursuant to the provisions of article 07 of this chapter. The commission, or council on appeal, shall establish the amount of excess parking to be provided as a condition of the conditional use permit.

2. If the use is nonconforming for failure to meet any other provisions of this chapter and is abandoned for a period of six (6) months, the only uses permitted are those conforming to all provisions of this chapter. (Ord. 096-1093, 7-10-1996)

B. That no building used for such nonconforming use shall be added to, structurally altered or enlarged in any manner, except as required by any other provision of this code or other ordinance of the city or in order to bring the building and its use into full conformity with the provisions of this chapter pertaining to buildings hereafter constructed, except a restaurant that is legal nonconforming for failure to provide sufficient off-street parking may be added to, structurally altered or enlarged if sufficient off-street parking is provided to meet the zoning ordinance requirement for the expanded area, if any. Additions or alterations to any existing building which is nonconforming due solely to existing side yard setbacks are permitted.

C. That no nonconforming use occupying any lot shall be enlarged or extended into any other portion of land and/or building by displacing a conforming use or onto premises not actually so occupied on January 27, 1955, except that a restaurant that is legal nonconforming solely for failure to provide sufficient off-street parking may expand onto an adjoining portion of land or within the existing facility by making a portion of the existing restaurant available to the public if sufficient off-street parking is provided to meet the zoning ordinance requirement for the expanded restaurant area. (Ord. 098-1121, 6-10-1998)
 

23.06.09: EXISTING NONCONFORMING CONDITIONAL USES:

Notwithstanding the provisions of section 23.06.07 of this article, none of the uses set forth in this zoning code as "conditional uses", which were lawfully in existence as of the effective date hereof, shall be deemed nonconforming solely by reason of the application of such procedural requirement; provided, however, that whenever any such preexisting use: a) has not applied for and been granted such conditional use permit, and b) has been discontinued in usage for any reason whatsoever for a period of ninety (90) days or more after notice from the city of the provisions of this section, then there shall arise a rebuttable presumption that there has been an intent by the owner or user to abandon such use, and the planning commission shall commence due process proceedings, based upon such presumed abandonment, to declare such use nonconforming and to abate such use (and all buildings and structures applicable to such use) as contrary to and in violation of this zoning code. (Ord. 096-1093, 7-10-1996)
 

23.06.10: NONCONFORMING BUILDINGS:

Any building or portion thereof in existence prior to January 27, 1955, which is specifically designed or arranged to be lawfully occupied or used in a manner not conforming to the provisions of this chapter, may thereafter be so occupied or used, subject to the limitations set forth for existing nonconforming uses by section 23.06.08 of this article. The term "in existence" shall include, for the purposes of this section only, any building under actual construction at such date, provided that such building is completed within one year from such date. (Ord. 096-1093, 7-10-1996)
  

23.06.11: REPAIR, RELOCATION OR ALTERATION OF DAMAGED BUILDINGS:

No building which has been damaged or partially destroyed to the extent of more than fifty percent (50%) of its replacement value shall be repaired, moved or altered except in conformity with the provisions of this Chapter pertaining to buildings thereafter erected. This Section shall not apply to existing legal nonconforming residential or accessory buildings damaged by fire or earthquake, which may be rebuilt on prior foundations and/or footprints to the pre-existing size, configuration and style. (Ord. 096-1093, 7-10-1996)
 

23.06.12: MINIMUM LOT AREA AND WIDTH REQUIREMENTS WILL NOT PREVENT USE FOR SINGLE-FAMILY DWELLING:

The requirements of this Chapter as to minimum lot area and lot width shall not be construed to prevent the construction or expansion of a single-family dwelling on any lot if such lot, prior to July 8, 1994, or the effective date of any amendment thereto making such lot or parcel nonconforming, was:

A. Shown separately upon an official subdivision map; or

B. Shown by a separate number or letter on a record of survey map filed with the County Recorder of Los Angeles County; or

C. Deeded by a deed of record; or

D. Subject to a contract of sale.

Such construction or expansion of a single-family dwelling shall comply with all the applicable development standards of this Chapter in effect at the time of the construction or expansion. (Ord. 096-1093, 7-10-1996)
 

23.06.13: CONSISTENCY WITH HAZARDOUS WASTE MANAGEMENT PLAN:

Zone change, conditional use permit, variance and other land use decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such approval in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the County Plan. (Ord. 096-1093, 7-10-1996)
 

23.06.14: PROHIBITION AGAINST INCLUDING PROPERTY SUBJECT TO CERTAIN EASEMENTS FOR PURPOSES OF DETERMINING SETBACKS, LOT COVERAGE AND SIMILAR REQUIREMENTS:

No portion of a parcel burdened by an easement, other than an easement for utility purposes, which effectively precludes use of the surface of the property by the burdened parcel shall be considered for purposes of determining lot coverage, parcel size and other applicable regulations, and the property line of the burdened parcel shall be considered to be the inside line of the easement. Such portion of the burdened parcel shall also not be considered for purposes of determining the lot area, lot coverage or other applicable requirements for the benefited parcel, and the lot line of the benefited parcel shall determine the actual lot line, not the easement line. (Ord. 096-1093, 7-10-1996)
 

23.06.15: PRESERVATION OF TREES:

This Section applies to trees and shrubs in the R-1 and C-1 Zones. This Section does not apply to trees in the Historical and Cultural Zone (H&C) and the Parks and Recreational Zone (P&R) or in the public parkways adjacent to the R-1 and C-1 Zones.

A. Definitions:

DAMAGE: Any action taken which causes injury, disfigurement or death to an established tree. This includes, but is not limited to, cutting, poisoning, drilling, under watering or transplanting.

DEADWOOD: Limbs, branches or a portion of a tree or shrub void of green leaves during a season of the year when green leaves should be present.

ESTABLISHED TREE: Any variety of tree or shrub that is at least fifteen feet (15') in height and is twenty four inches (24") or more in circumference when measured at a point four feet six inches (4'6") above the natural grade, or if the tree or shrub has multiple trunks, the total circumference of each individual trunk at a point four feet six inches (4'6") above the natural grade is thirty six inches (36") or more.

FRONT, REAR AND SIDE YARDS: Shall be as defined in Section 23.01.01 of this Chapter.

IRRIGATION: To supply a tree or shrub with water by sprinklers or by manual watering which, depending on the species of the tree or shrub, may benefit or harm the tree or shrub.

PRUNE: The removal of foliage or branches from an established tree.

REMOVAL OR REMOVE: The removal of an established tree.

SEVERELY PRUNE: The removal of foliage or branches from an established tree in a manner that harms the shape, health or natural growth of the tree. The standard for determining whether removal of foliage or branches is harmful shall depend on the species and shall be based on the recommendations in the "Sunset Pruning Handbook, 1983 Edition".

TRANSPLANT: To relocate a tree or shrub and its root system from its original location and replant the tree or shrub in a proper manner at another location that does not harm the health or vigor of the tree or shrub.

B. Tree Removal Permit Required:

1. Exemptions: No permit is required for the removal of an established tree damaged by a storm, fire or other natural disaster and determined to be dangerous by the City Manager, any police officer, any firefighter, the Parks Director, the Planning and Building Director or his/her designee. No person shall remove a damaged tree until such determination has been made.

2. Prohibition:

a. Except as provided in subsection B1 of this Section, it shall be unlawful for any person to remove any established tree located in the R-1 or C-1 Zones without first obtaining a tree removal permit from the City.

b. It shall be unlawful for any person to remove any established dead, diseased or dying tree located in R-1 or C-1 Zones without first obtaining a tree removal permit from the City.

3. Procedure:

a. Except as provided in subsection B1 of this Section, all persons desiring to remove an established tree in the R-1 and C-1 Zones shall first complete a tree removal permit application form supplied by the City. The permit application shall contain all information necessary for the Planning and Building Director, or his/her designee, to determine whether the requirements for issuance of a tree removal permit have been satisfied.

b. The Planning and Building Director, or his/her designee may issue a tree removal permit, only if he/she determines that the following requirements have been met: (Ord. 096-1093, 7-10-1996)

(1) That a completed and signed application has been submitted to the City. Such application shall be signed by the property owner or a licensed State contractor possessing a C61 and D49 or C27 classified license, under penalty of perjury. A description of the work to be performed, and the number, type and location of the established tree(s) to be worked on shall be stated on the application. (Ord. 097-1116, 12-10-1997)

(2) That the established tree adversely impacts the growth of adjacent trees or constitutes a nuisance or a hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways or interference with utilities.

c. In granting a tree removal permit, the Planning and Building Director or his/her designee may require replacement of the established tree at the applicant's expense. The number, size, location and species of the replacement tree(s) shall be determined by the Planning and Building Director or his/her designee based upon consideration of the size and species of the established tree proposed for removal, the significance the tree proposed to be removed has on the landscaping as seen from public view, the size of the lot, and the number of existing trees on the lot. If replacement trees are required, the property owner must agree to accept the condition of replacement by his/her signature on the application prior to issuance of the permit. Nothing in this Section shall preclude the Planning and Building Director or his/her designee from waiving conditions for tree replacement or from requiring that tree replacement exceed a one-for-one basis. The Planning and Building Director or his/her designee may waive the requirement for tree replacement if he/she determines that there is not enough space on the lot to plant a tree and shall base the size and number of replacement trees on the significance of the amount of visible foliage within the front yard of any lot or side yard of a corner lot where the tree removal will cause a significant loss of visible foliage.

d. All work for which a tree removal permit is issued shall be fully completed within ninety (90) days of the date the permit is issued unless the City grants a written extension for a period not to exceed thirty (30) days. The permittee shall, within three (3) business days of the completion of the original or corrective work referred to in this Section, contact the City and schedule a compliance inspection. The work to be completed includes:

(1) Work which is required by any condition to the tree removal permit (including, without limitation, the removal of any stumps, branches and the planting of replacement trees); and

(2) Work found to be incomplete as a result of the inspection, which work shall be completed within thirty (30) days following the inspection.

4. Stump Removal Required: All the stumps of all established trees visible from public view shall be removed with a stump grinder or shall be dug out. The Planning and Building Director or his/her designee may permit the stump to be retained if he/she finds that access to the stump cannot be reasonably obtained or the stump is located on a significant slope.

C. Pruning Permit:

1. Exemption:

a. No pruning permit is required to prune an established tree damaged by a storm, fire or other natural disaster and determined to be dangerous by the City Manager, any police officer, any firefighter, the Parks Director, the Planning and Building Director, or his/her designee. No person shall prune a damaged tree until such finding is made or unless such removal is otherwise exempt from the requirement to obtain a tree pruning permit.

b. Any public agency or utility company having jurisdiction shall be exempt as long as they notify the City, the property owner and occupant in writing, seventy two (72) hours prior to any pruning of any established tree. (Ord. 096-1093, 7-10-1996)

c. A person possessing a State contractor's license (C61 and a D49 or C27 classification) may prune an established tree without obtaining a pruning permit. Proof that a person possesses the appropriate State contractor's license shall be filed with the City prior to pruning any tree. (Ord. 097-1116, 12-10-1997)

d. Gardeners and other persons not possessing an appropriate State contractor's license may prune an established tree without obtaining a pruning permit after attending City-approved tree pruning classes, proving their knowledge of pruning by passing a written or verbal examination and following a probationary period established by the Planning and Building Director or his/her designee. If the Planning and Building Director or his/her designee is satisfied with the performance of the work, the individual shall be added to the list of individuals exempt from requiring a pruning permit to remove foliage or branches from an established tree.

e. A property owner is not required to obtain a permit for removing any foliage or branches from any established tree where the work is actually and solely performed by the property owner.

2. Restrictions On Tree Pruning:

a. It shall be unlawful for any person to remove any foliage or branch from an established tree located within the side yard of a corner lot, the front yard, or which exceeds thirty feet (30') in height located anywhere on a lot, within the R-1 or C-1 Zones without first obtaining a permit from the City, unless exempt under subsection C1 of this Section.

b. It shall be unlawful for any person to severely prune or damage an established tree in any yard of any lot in the R-1 or C-1 Zones.

3. Permit Process For Tree Pruning:

a. All persons required to obtain a pruning permit shall complete an application form supplied by the City. The permit application form shall contain all information necessary for the Planning and Building Director, or his/her designee, to determine whether the requirements for issuance of a pruning permit have been satisfied.

b. The Planning and Building Director or his/her designee shall grant a pruning permit, only if he/she determines that the following requirements have been met:

(1) That a completed and signed permit application has been submitted to the City. Such application shall be signed by the property owner and person proposed to perform the work under penalty of perjury. A description of the work to be performed, and the number, type and location of the tree(s) to be pruned shall be stated on the application; and

(2) That the pruning is necessary to maintain or promote the health or appearance of the tree; or

(3) The pruning is necessary to eliminate a hazard to persons or property by virtue of the tree's condition, location, proximity to existing structures, interference with utilities, or to promote the growth of adjacent trees.

c. In granting a pruning permit the Planning and Building Director or his/her designee may require specific conditions. If conditions are imposed, the applicant must agree to accept the conditions by signing the application. It shall be unlawful for any person to violate any condition of a tree pruning permit.

d. All work for which a tree pruning permit is issued shall be fully completed within ninety (90) days of the date the permit is issued unless the City grants a written extension for a period not to exceed thirty (30) days. The permittee shall, within three (3) business days of the completion of the original or corrective work referred to in this Section, contact the City and schedule a compliance inspection. The work to be completed includes:

(1) Work which is required by any condition to the tree pruning permit (including, without limitation, the removal of any branches and the planting of replacement trees); and

(2) Work found to be incomplete as a result of the inspection, which work shall be completed within thirty (30) days following the inspection.

D. Penalties And Restoration:

1. Any person who violates or permits the violation of any provision of this Section or any condition of a tree removal or pruning permit shall be prosecuted as specified in Section 01.06.06 of this Code. Each branch of a tree with a circumference of three inches (3") in diameter or greater removed pursuant to unlawful damage or severe pruning of a tree shall constitute a separate violation of this Section.

2. In addition to the penalties provided for by subsection 01.06.08C of this Code, any property owner who damages, severely prunes or removes an established tree, or permits the damage, severe pruning or removal of any established tree, on their property in violation of the terms of this Section, shall restore the environment by planting one or more trees in such quantity that the Planning and Building Director or his/her designee establishes in a restoration plan. The restoration plan shall be based on planting sufficient trees as are necessary to provide an amount of foliage reasonably equal to that unlawfully removed. In the case of unlawful removal of a tree, the restoration plan shall require the planting of not less than one 36-inch box size tree and the total of the circumference of the trees to be planted shall be equal to the circumference of the tree unlawfully removed. In the event that the circumference of the tree unlawfully removed cannot be determined, the restoration plan shall be based on the likely circumference of the unlawfully removed tree determined by using the best evidence available. The restoration plan shall require the trees to be planted in those locations that will best restore the visual environment to that existing before the unlawful tree damage, severe pruning or removal. If the Planning and Building Director or his/her designee determines that the property cannot accommodate the number of trees required to be planted, the restoration plan shall require the trees to be planted on publicly owned property at locations determined by the Parks Director. The property owner can select the species of trees to be planted from a list of trees the Director or his/her designee determines will reach a size equal to the tree unlawfully damaged, severely pruned or removed. The Director of Planning and Building shall reconsider a tree restoration plan established in connection with a tree that was unlawfully severely pruned or damaged if the tree dies within one year from the date of the severe pruning or damage and may impose additional requirements equal to those that would have been established if the tree had been originally unlawfully removed. Any property owner who unlawfully damages, severely prunes or removes an established tree or permits the damage, severe pruning or removal of an established tree on their property shall be required to obtain permits for all future removal or pruning of established trees for a period of one year. The City's determination of such violation and establishment of a restoration plan under this subsection D2 may be appealed as described in subsection G of this Section. Failure to comply with a restoration plan within thirty (30) days such plan becomes final shall constitute a separate violation of this Section.

3. In addition to the penalties provided for by subsection 01.06.08C of this Code, any person who is exempt from the tree pruning requirements under subsection 23.06.15C1c, who removes a tree without a tree removal permit or who severely prunes an established tree, will be required to obtain a permit for all future pruning for a six (6) month period and shall be required to attend a City approved class on tree pruning during such six (6) month period. The City's determination that the person severely pruned an established tree may be appealed as described in subsection G of this Section.

E. Expiration Time Of A Tree Permit: A tree removal or pruning permit which is not used within ninety (90) days after such permit is issued is null and void and of no effect, except that the Planning and Building Director or his/her designee may, in their discretion, extend the expiration date of any tree permit. The conditions of an approved permit, which include stump removal and replacement, shall not be subject to expiration.

F. Appeal From Denial Or Conditions To A Tree Permit Or A Tree Restoration Plan:

1. Any person (the appealing party) may appeal a denial of a tree removal or pruning permit, or the conditions imposed pursuant thereto or pursuant to a tree restoration requirements imposed pursuant to subsection D2 of this Section by filing a written appeal with the City Manager. The appeal shall:

a. Be signed by the appealing party; and

b. State the basis for the appeal; and

c. Be received by the City Manager within fifteen (15) calendar days of the City's decision on the permit application or of notification by first class mail to the applicant or property owner of same, which ever occurs later.

2. Upon receipt of a timely appeal, the City Manager shall send, or cause to be sent, a notice of hearing to the appealing party by first class mail which states the date, time and location of a hearing on the appeal. The hearing shall not be set sooner than ten (10) calendar days from the date the appeal was received. The appealing party has the right to be heard and to present testimony and other evidence in support of the appeal. Failure of the appealing party to receive the notice of hearing shall not invalidate the proceedings under this Section.

3. Upon consideration of reports, evidence and testimony of the appealing party, any City officials and any other interested parties, the City Manager shall:

a. Affirm, modify or reverse the decision or action of the Planning and Building Director, or his/her designee, or

b. Refer the matter back to the Planning and Building Director, or his/her designee, for further review and consideration.

4. The City Manager shall cause a notice of decision to be sent by first class mail to the appealing party within five (5) calendar days of the hearing. The Planning and Building Director or his/her designee's decision remains in effect until the date of mailing of the City Manager's notice of decision.

5. The decision of the City Manager shall supersede the decision of the Planning and Building Director or his/her designee. This decision can be appealed to the Planning Commission and from the Planning Commission to the City Council. The decision of the Council shall be final and conclusive in all respects.

G. Appeal To Contest Determination That An Established Tree Has Been Severely Pruned Or Damaged: Property owners and persons exempt from the requirement to obtain a tree pruning permit according to subsection C1c of this Section, may appeal the City's determination that they have violated the provisions within this Section by severely pruning or damaging an established tree. The appeal shall be heard by the City Manager. The appeal procedure shall be conducted as specified in subsection F of this Section. (Ord. 096-1093, 7-10-1996)
  

23.06.16: STORAGE OF CONSTRUCTION MATERIALS:

No person shall use or permit the use of property to store earth, materials, or vehicles or to provide access for vehicles in connection with construction taking place on property owned by another person without issuance of a conditional use permit pursuant to Article 07 of this Chapter. (Ord. 096-1105, 1-8-1997)

ARTICLE 07

VARIANCES AND CONDITIONAL PERMITS- Back to top

SECTION:

23.07.01: Procedure For Processing Of Variances And Conditional Use Permits

23.07.02: Basis For Approval Or Denial Of A Conditional Use Permit

23.07.03: Basis For Approval Or Denial Of Variance

23.07.04: Revocation Or Modification Of A Variance Or Conditional Use Permit

23.07.05: Effective Date Of A Variance, Conditional Use Permit Or Revocation

23.07.06: Expiration Time Of A Variance Or Conditional Use Permit

23.07.07: Termination Of A Variance Or Conditional Use Permit

23.07.08: Assurance Of Faithful Performance Of Imposed Conditions

23.07.09: Appeals

23.07.10: No Authorization To Violate Chapter

23.07.11: Maintenance Of A Nuisance
  

23.07.01: PROCEDURE FOR PROCESSING OF VARIANCES AND CONDITIONAL USE PERMITS:

A. Submission Of An Application: Any person desiring a variance or conditional use permit may file an application with the secretary of the Commission. No person may resubmit for one year an application for a variance or conditional use permit that is substantially the same as a variance or conditional use permit the Council or Commission has already denied.

B. Fees:

1. Application Fee: Fees for a variance, conditional use permit or modifications of a previously approved variance or conditional use permit shall be established by Council resolution.

2. Penalties For Unauthorized Construction: In the event that construction which is inconsistent with a conditional use permit or variance is performed, any application for an amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional fee as provided in this paragraph as a penalty for the unauthorized construction. The penalty fee shall be based on the valuation of the construction as reflected on the building permit issued in connection with the conditional use permit or variance and shall be calculated as provided below:

Total Project Building Valuation Penalty Fee

$0.00 - $50,000.00 $  500.00

$50,001.00 - 75,000.00 750.00

Greater than 75,000.00 1 percent of the building valuation up to a maxi- mum of $2,500.00

3. Procedures Prior To Imposition Of Penalty Fees: No penalty shall be imposed pursuant to subsection B2 of this Section until the City staff determines that unauthorized construction has occurred and the applicant or property owner or a representative of the applicant or property owner has been given an opportunity to discuss that determination with the Director of Planning and Building.

4. Refund Of Penalty And Fees: The penalty and application fees shall be refunded if the Commission finds that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

5. Appeal To The Council: If the Commission finds that the construction was inconsistent with the conditional use permit or variance, the applicant may appeal that determination to the Council by filing with the City Clerk a written notice of appeal, accompanied by an appeal fee in an amount established by resolution of the Council, within ten (10) days of the Commission's determination. The penalty, application and appeal fees shall be refunded if the Council determines that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

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

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

C. Application Forms: Applications shall be submitted on forms supplied by the secretary of the Commission and shall be signed or countersigned by the owner(s) of the property and the applicant if different from the owner. The applicant shall supply a list of names and addresses of all owners of property within three hundred feet (300') of the property lines of the subject premises according to the latest available equalized assessment roll of the County of Los Angeles.

D. Initiation Of Hearings: The Commission may, on its own motion, or if instructed by the Council, shall, without the filing of any application, set a date and hold a hearing for the purpose of considering the granting, modification or revocation of a variance or conditional use permit.

E. Processing Of Application:

1. Upon receipt of any application for or initiation of a variance or conditional use permit, the secretary of the Commission shall set a time and place for public hearing thereon, to be held not less than fifteen (15) days nor more than ninety (90) days thereafter. Not less than ten (10) days before the date of such public hearing, public notice shall be given of such hearing in the following manner:

a. By one publication in a newspaper of general circulation within the City of a notice which shall state the nature of the application, the location of the property and the time and place of the hearing; and

b. By mailing a notice to each property owner whose name and address appear in such application, informing such owner of the nature of the application, the location of the property and the time and place of the hearing.

2. The failure on the part of any person to receive or to give due and careful consideration to any such published or mailed notice shall not affect the validity of the proceedings, provided that such publication and mailing shall have been done in good faith.

F. Investigation Of Facts Bearing On Application: The Commission shall cause to be made by its own members, or a member of its staff, such investigation of the facts bearing on the application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this Chapter.

G. Public Hearing Generally: A public hearing shall be held before the Commission at the time and place for which notice has been given. Any such hearing may be continued or adjourned to a later date if, prior to such continuation or adjournment, the chairperson of the Commission presiding announces the time and place to which it will be continued or adjourned. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying thereat, shall be recorded in the minutes.

H. Decision Of Commission: Within thirty (30) days after the conclusion of the public hearing on an application for a variance or a conditional use permit, the Commission shall render its decision either for the granting of the application with or without conditions, or denying the application. The decision shall recite the findings of fact upon which the decision is based. The failure of the Commission to render its decision within thirty (30) days after the conclusion of the hearing shall be deemed to constitute a denial unless, by common consent, the Planning Commission and the applicant agree to extend such time limit.

I. Notice Of Action Taken On A Request For A Variance Or Conditional Use Permit:

1. The Commission shall notify the applicant for a variance and/or conditional use permit or the person owning or operating a use or development for which a revocation or modification of a variance or conditional use permit is under consideration of the action taken.

2. Said notification of the action by the Commission shall be made by mailing a written notice.

3. Written notice may be dispensed with whenever the applicant or landowner of the property shall have in writing acknowledged the action taken. (Ord. 096-1093, 7-10-1996)
 

23.07.02: BASIS FOR APPROVAL OR DENIAL OF A CONDITIONAL USE PERMIT:

The Commission shall consider applications for a conditional use permit and may deny or, with or without conditions, approve any application in general accord with the following principles and standards as determined by the Commission based on findings and conclusions drawn from information and evidence presented at a public hearing or hearings:

A. Before any conditional use permit may be granted, it shall be demonstrated and the Planning Commission must find all of the following to be true:

1. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing in or working in the area of such proposed use nor be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City; and

2. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping and other development features prescribed in this Chapter or required by the Commission in order to integrate said conditional use with the land and uses in the neighborhood; and

3. That proposed conditional use will not have a detrimental effect upon the nature, condition and development of nearby uses and buildings; and

4. That the site for the proposed conditional use will relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.

B. The Commission may, in granting a conditional use permit, impose such conditions as are necessary to protect the public health, safety and general welfare, and assure compliance with the provisions and standards included in this Chapter, including, but not limited to:

1. Special yards, open spaces and buffer areas.

2. Fences and walls.

3. Surfacing of parking areas and driveways to specified standards.

4. Street dedications and improvements.

5. Vehicular ingress and egress.

6. Landscaping and maintenance of grounds.

7. Regulation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

8. Regulations of operating hours for activities affecting normal neighborhood schedules and functions.

9. Regulation of signs and outdoor advertising.

10. Establish a validation period limiting the time in which development may begin.

11. Require a bond or other security that the proposed conditional use will be removed on or before a specified date.

12. Require a site plan indicating all details and data as prescribed in this Chapter.

13. Dedication or conveyance to the City or affected public utility of appropriate public and utility easements.

14. Require such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with the intent and purpose of this Chapter.

C. No permit shall be issued for nor be effective to permit any use if the same is prohibited by other provisions of this Code. No conditional use shall be presumed as permitted use, and the burden of proof shall be upon the applicant to show persuasive grounds for such permit. (Ord. 096-1093, 7-10-1996)
 

23.07.03: BASIS FOR APPROVAL OR DENIAL OF VARIANCE:

The Commission shall give consideration to applications for a variance and may deny or, with or without conditions, approve any application in general accord with all of the following principles and standards as determined by the Commission based on findings and conclusions drawn from information and evidence presented at a public hearing:

A. Before any variance may be granted, it shall be demonstrated, and the Commission must find all of the following to be true:

1. That strict application of the regulations and standards of this Chapter will result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of said regulations and standards; and

2. That the variance, if granted, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated; and

3. That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this Chapter will deprive the applicant of a reasonable utilization of such property; and

4. That the use or development applied for will not be materially detrimental to the public health, safety or general welfare or injurious to property or improvements in the zone or neighborhood in which the property is located; and

5. That, because of circumstances relating to or conditions applicable to the property in question, it would be unreasonable and a deprivation of any practical use of the property to deny such variance; except whenever the application involves a fence, yard, setback or bulk variance (as opposed to a use, parking or other type variance), it shall not be necessary to make a finding on this point.

B. The Commission may, in granting a variance, impose such conditions as are necessary to protect the public health, safety and general welfare and assure compliance with the provisions and standards included in this Chapter, including, but not limited to:

1. Granting a variance for a limited period of time.

2. Granting a variance for a temporary expansion or extension of a use, lawful because of a previously granted variance, on conditions that both variances shall terminate on the indicated date and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located.

3. Granting a variance confining the use to designate portions of the property or restricting function of the use to specific days or designated times in a day.

4. Granting a variance limiting, restricting or prohibiting uses made of the property, even if such uses are lawful without granting of the variance, even including requiring fulfillment of specific conditions prior to establishment of the use in question.

5. Imposing protective buffering improvements.

6. Controlling access and parking.

7. Imposing any of the conditions set forth in subsection 23.07.02B of this Article.

8. Requiring the improvement or demolition of existing structures and uses.

9. Imposing any other reasonable condition. (Ord. 096-1093, 7-10-1996)
 

23.07.04: REVOCATION OR MODIFICATION OF A VARIANCE OR CONDITIONAL USE PERMIT:

A. If any provision or condition of a conditional use permit or variance is held or declared to be invalid, said permit or approval shall be void, and all privileges granted thereunder shall lapse.

B. The Commission may revoke or modify any previously granted variance or conditional use permit after a public hearing if the Commission makes one or more of the following findings:

1. That such grant or approval was obtained by fraud.

2. That the use or development for which such grant or approval was made is not being exercised.

3. That the grant is being or has recently been exercised contrary to one or more of the conditions prescribed in said permit or approval or in violation of other applicable statutes, ordinances, laws or regulations. Under such circumstances, the permit or approval shall be suspended, and the privileges granted thereunder shall lapse, provided the applicant has been tendered a written notice to cease such violation and has failed to do so within thirty (30) days following receipt of such notice.

4. That the grant is so exercised as to be detrimental to the public health or safety or so as to be a nuisance. (Ord. 096-1093, 7-10-1996)
 

23.07.05: EFFECTIVE DATE OF A VARIANCE, CONDITIONAL USE PERMIT OR REVOCATION:

An order by the Commission granting, denying, modifying or revoking a variance or conditional use permit shall become effective fifteen (15) days after such decision, provided no appeal thereof has been filed as set forth in Section 23.07.09 of this Article. (Ord. 096-1093, 7-10-1996)
 

23.07.06: EXPIRATION TIME OF A VARIANCE OR CONDITIONAL USE PERMIT:

A variance or conditional use permit which is not used within the time as specified in such variance or permit or, if no time is specified, within one year after the granting of such variance or permit, becomes null and void and of no effect; except, that the Commission may extend the expiration date of any variance or conditional use permit for a period of one year. (Ord. 096-1093, 7-10-1996)
  

23.07.07: TERMINATION OF A VARIANCE OR CONDITIONAL USE PERMIT:

A variance or conditional use permit shall cease to be of any force and effect if the use has ceased or has been suspended for a consecutive period of six (6) or more months. (Ord. 096-1093, 7-10-1996)
 

23.07.08: ASSURANCE OF FAITHFUL PERFORMANCE OF IMPOSED CONDITIONS:

A. Assurance Required: Whenever the Commission grants or modifies a variance or conditional use permit and the grant or modification of variance or conditional use permit is subject to one or more conditions, the Commission may require that the applicant or the owner of the property to which such variance or conditional use permit applies file with the City Clerk a surety bond or a corporate surety bond or a deposit of money, a certificate of deposit, a letter of credit or other security acceptable to the City Attorney equal to the amount prescribed and for the purpose of guaranteeing the faithful performance of said conditions.

B. Bonds, Savings And Loan Certificates Or Shares To Assure Faithful Performance: Any person required to guarantee the faithful performance of imposed conditions as provided herein shall deposit with the City Clerk and shall assign to the City a corporate surety bond, a certificate of deposit, a letter of credit or other security acceptable to the City Attorney equal to the amount prescribed in the grant or modification of a variance or conditional use permit.

C. Insurance To Cover A Breach Of Imposed Conditions: The Commission may also require that the applicant or owners of the property which is subject of such variance or conditional use permit applies a policy of insurance, a certificate of deposit, letter of credit or other surety acceptable to the City Attorney insuring all persons against any injury arising from the breach of such conditions. (Ord. 096-1093, 7-10-1996)
 

23.07.09: APPEALS:

A. Appeal Of Commission Decisions:

1. The applicant or any person who is dissatisfied with the action of the Commission on a variance or conditional use permit may, within the fifteen (15) day period prior to the effective date of such variance or permit, file an appeal with the City Clerk.

2. Any person filing an appeal with the City Clerk shall deposit a sum determined by Council resolution to cover the cost of appeal.

3. The Council may, itself, appeal a decision of the Commission, in which case, the fifteen (15) day appeal period provided by Section 23.07.05 of this Article shall be extended for such limited purpose to the next regular meeting of the Council following such decision of the Commission.

4. Upon receiving a notice of appeal (or itself appealing a decision of the Commission), the Council shall either:

a. Affirm the action of the Commission; or

b. Require a summary of all evidence upon which the Commission made its decision; after receiving such evidence, the Council shall take such action as, in its opinion, is indicated by such evidence alone; or

c. Refer the matter back to the Commission, with or without instructions for further proceedings; or

d. Instruct the City Clerk to set the matter for hearing within forty (40) days before itself. At such hearing, it shall hear and decide the case de novo. Such hearing shall be conducted in the manner and with the notice herein prescribed for the Commission. This alternative subsection A4d of this Section shall be followed in all such appeals unless the Clerk shall be authorized to set such hearings.

B. Appeal Procedure: Each and every reference in this Article to the Commission shall be deemed to mean Council during the conduct of any appeal hearing.

C. Decision Suspended: Until the appeal has been concluded and the Council has rendered its decision thereon, the decision of the Commission shall be suspended, and no rights shall accrue thereunder. After the decision of the Council on such appeal, the decision of the Council shall supersede the decision of the Commission.

D. Finality Of Decisions Regarding Appeals: The decision of the Council, upon an appeal from an action of the Commission, is final and conclusive as to all things involved in the matter. (Ord. 096-1093, 7-10-1996)
 

23.07.10: NO AUTHORIZATION TO VIOLATE CHAPTER:

The granting of a conditional use permit or variance to permit a use or development in violation of this Chapter shall be null and void, and of no force and effect and the City shall not be estopped from declaring the invalidity of such conditional use permit or variance. No person shall obtain a vested right to maintain such a use, development, building or structure based upon such a conditional use permit or variance. (Ord. 096-1093, 7-10-1996)
 

23.07.11: MAINTENANCE OF A NUISANCE:

Neither the provisions of this Chapter nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private. (Ord. 096-1093, 7-10-1996)

ARTICLE 08

AMENDMENTS AND BOUNDARY CHANGES- Back to top

SECTION:

23.08.01: Authorized; How Amendments Are Initiated

23.08.02: Petition For Boundary Change; Hearing And Action On Petition

23.08.03: Final Hearing; Fee For Expenses Resulting From Petition
 
 

23.08.01: AUTHORIZED; HOW AMENDMENTS ARE INITIATED:

The Council may, from time to time, after report and recommendation thereon by the Commission and after public hearings as required by the California Planning and Zoning Law, amend, supplement or change any or all regulations and district boundaries established by this Chapter or subsequently established. Any such proposed amendment, supplement or change may be initiated by a petition by the property owner(s) upon payment of a processing fee set by Council resolution. (Ord. 096-1093, 7-10-1996)
 

23.08.02: PETITION FOR BOUNDARY CHANGE; HEARING AND ACTION ON PETITION:

The owner(s) of any land or building requesting a reclassification shall present to the Commission a petition, duly signed and acknowledged, requesting an amendment, supplement or change of the regulations prescribed for such property. The Commission shall hold such hearings as may be required by law for amendments, extensions or additions to the "Zone Map" or to the "Yard Map", and shall take action thereon within ninety (90) days after the filing thereof. The Commission shall prepare a report and recommendation to the Council on their request. (Ord. 096-1093, 7-10-1996)
 

23.08.03: FINAL HEARING; FEE FOR EXPENSES RESULTING FROM PETITION:

The Council, after receipt of the report and recommendation from the Commission on any proposed amendment, supplement or change, shall hold a final hearing thereon, duly advertised as required by the California Planning and Zoning Law. (Ord. 096-1093, 7-10-1996)

ARTICLE 09

MINOR EXCEPTIONS AND TEMPORARY USES- Back to top

SECTION:

23.09.01: Minor Exceptions

23.09.02: Scope

23.09.03: Application

23.09.04: Notification

23.09.05: Action By The Planning And Building Director

23.09.06: Appeals

23.09.07: Expiration

23.09.08: Temporary Uses
 
 

23.09.01: MINOR EXCEPTIONS:

This Article provides for the granting of minor exceptions to the development standards of this Chapter by the Planning and Building Director in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results that, without the minor exception, may be inconsistent with the general intent of this Code. (Ord. 096-1093, 7-10-1996)
 

23.09.02: SCOPE:

A. The Planning and Building Director or the Commission on appeal, shall grant or deny requests for minor exceptions based on the same criteria as govern the Commission in granting or denying variances. The Planning and Building Director shall grant minor exception permits authorizing the following:

1. Construction of fences, walls, gates or pilasters which exceed six feet (6') in height and do not exceed eight feet (8') in height.

2. Proposals which depart from the yard requirements not in excess of five percent (5%) from those requirements of subsection 23.02.09A of this Chapter which pertain to minimum yard dimensions.

3. Realignment of existing lot lines, where the number of lots is not thereby increased or decreased. The owners of the lots involved shall cause to be recorded in the office of the County Recorder of Los Angeles County the effect of such lot realignment.

B. The Planning and Building Director may refuse at any time to hear such matter, and instead refer it to a public hearing before the Commission, upon payment of the required filing fee. (Ord. 096-1093, 7-10-1996)
  

23.09.03: APPLICATION:

An application for a minor exception permit shall be made on forms provided by the City and shall include such plans as may reasonably be required by the Planning and Building Director for a complete understanding of the request, and a filing fee as established by resolution of the Council. (Ord. 096-1093, 7-10-1996)
 

23.09.04: NOTIFICATION:

Upon receipt of a complete application for a minor exception permit, the Planning and Building Director shall notify the owners of all property adjacent to the proposed use and/or development by letter. Adjacent property shall include all lots which directly abut, or are directly across any public or private right of way from the subject property. (Ord. 096-1093, 7-10-1996)
 

23.09.05: ACTION BY THE PLANNING AND BUILDING DIRECTOR:

Not sooner than fifteen (15) days after the owners are notified, not later than thirty (30) days after receipt of the application, except that if a minor permit application is filed in conjunction with another application the longer review time of any of the applications will prevail, the Planning and Building Director shall either grant, deny, grant with conditions or set the minor exception permit for a public hearing. Conditions may be imposed to assure that the minor exception permit is within the intent of this Chapter. Noncompliance with any conditions of a minor exception permit shall constitute a violation of this Code. Notice of the Director's decision shall be sent to all persons who responded to the original notice. (Ord. 096-1093, 7-10-1996)
 

23.09.06: APPEALS:

A. Appeals Of The Planning And Building Director's Decisions:

1. The applicant or any person who is dissatisfied with the action of the Planning and Building Director on a minor exception permit, may, within the fifteen (15) day period prior to the effective date of such minor exception permit, file an appeal with the Planning Commission.

2. Any person filing an appeal with the City Clerk shall deposit a sum determined by Council resolution to cover the cost of appeal.

3. The Council or Commission may itself appeal a decision of the Planning and Building Director, in which case the fifteen (15) day appeal period provided by subsection 23.07.09A of this Chapter shall be extended for such limited purpose to the next regular meeting of the Commission following such decision of the Planning and Building Director.

4. Upon receiving a notice of appeal (or itself appealing a decision of the Planning and Building Director), the Commission shall either:

a. Affirm the action of the Planning and Building Director; or

b. Require a summary of all evidence upon which the Planning and Building Director made his/her decision; after receiving such evidence the Commission shall take such action as, in its opinion, is indicated by such evidence alone; or

c. Refer the matter back to the Planning and Building Director, with or without instructions for further proceedings; or

d. Instruct the Commission secretary to set the matter for hearing within forty (40) days before itself. At such hearing it shall hear and decide the case "de novo". Such hearing shall be conducted in the manner and with the notice prescribed for the Planning and Building Director. This alternative subsection A4d of this Section shall be followed in all such appeals unless the Commission shall indicate otherwise, and the Commission secretary shall be authorized to set such hearings.

B. Appeal Procedure: Each and every reference in this Article to the Planning and Building Director shall be deemed to mean the Commission during the conduct of any appeal hearing.

C. Decision Suspended: Until the appeal has been concluded and the Commission has rendered a decision, the decision of the Planning and Building Director shall be suspended and no rights shall accrue thereunder. After the decision of the Commission on such appeal, the decision of the Commission shall supersede the decision of the Planning and Building Director.

D. Finality Of Decisions Regarding Appeals: The decision of the Commission, upon an appeal from an action of the Planning and Building Director, is final and conclusive as to all things involved in the matter. (Ord. 096-1093, 7-10-1996)
 

23.09.07: EXPIRATION:

If the development permitted by a minor exception permit is not initiated within one year from the date of issuance, the minor exception permit shall expire and become null and void. The Planning and Building Director may provide for a shorter time limit condition of the approval, or may grant extensions beyond the period for good cause. (Ord. 096-1093, 7-10-1996)
 

23.09.08: TEMPORARY USES:

Temporary uses not complying with the provisions of this Chapter may be authorized by the Planning and Building Director if such temporary use does not exceed thirty (30) days' duration and if the Planning and Building Director finds that such temporary use will not be detrimental to the neighboring properties. Such temporary use in excess of thirty (30) days but not to exceed ninety (90) days shall be reviewed by the Commission. (Ord. 096-1093, 7-10-1996)

ARTICLE 10

OFF-STREET PARKING- Back to top

SECTION:

23.10.01: Construction, Etc., In C-1 Zone To Meet Requirements Of Article

23.10.02: Minimum Parking Requirements In C-1 Zone

23.10.03: Number Of Parking Spaces Required

23.10.04: Parking Requirements For Uses Not Specified

23.10.05: General Requirements

23.10.06: Required Improvement And Maintenance Of Parking Area

23.10.07: Parking Requirements Upon Reconstruction

23.10.08: Parking Requirements Upon Change Of Use

23.10.09: Permanency

23.10.10: Parking Requirements For Existing Structures

23.10.11: Building Permit Requirements

23.10.12: Paving Permit Required
  

23.10.01: CONSTRUCTION, ETC., IN C-1 ZONE TO MEET REQUIREMENTS OF ARTICLE:

After January 27, 1955, no new building shall be constructed in the C-1 zone, and no existing building in such zone shall be enlarged or increased as to floor space, and no vacant area in such zone shall be devoted to the parking of vehicles unless the plans and specifications therefor contain provisions meeting the minimum requirements of this article. (Ord. 096-1093, 7-10-1996)
 

23.10.02: MINIMUM PARKING REQUIREMENTS IN C-1 ZONE:

Any area in the C-1 zone which is proposed to be used for the parking of vehicles by the public shall conform to the following minimum requirements:

A. It shall be either an enclosed garage or an open surfaced storage space, shall be paved with asphalt, concrete or masonry, shall have adequate grading and drainage, shall have appropriate bumper guards where needed and shall be continuously maintained in good condition.

B. Where any such parking is located on a C-1 zone lot which adjoins the side or rear of an R-1 zone lot, the parking area shall be completely separated from the R-1 zone lot by a continuous solid wall or structure at least five feet (5') in height.

C. The location layout and plan for the use of such area and the ingress, egress and maneuverability therefor shall be approved by the commission prior to the issuance of the permit required by section 23.10.11 of this article.

D. Not less than five percent (5%) of the proposed outside parking area shall be devoted to irrigated landscaping. (Ord. 096-1093, 7-10-1996)
 

23.10.03: NUMBER OF PARKING SPACES REQUIRED:

The number of off-street parking spaces required shall not be less than the following:

Off-Street Parking

Use Spaces Required

A. Restaurants Restaurants which provide seating of any type for 9 or more persons shall provide 1 parking space for every 45 square feet of floor area accessible to customers (excluding restrooms) plus 1 parking space for every 250 square feet of all other floor area. Restaurants (exclusive of those in the Mission District) which provide seating of any type for less than 9 persons shall provide 1 parking space for every 250 square feet of floor area. In addition, for restaurants that use the public sidewalk for outdoor dining, 1 parking space shall be provided for every 4 seats (or fraction thereof) located on the public sidewalk except that for any location outside the Mission District, no parking shall be required for the first 10 seats.

B. Markets and grocery

stores 1 for every 200 square feet of gross floor area.

C. Convenience markets 1 for every 100 square feet of gross floor area.

D. Retail service and

retail sales 1 for every 250 square feet of gross floor area.

E. Office buildings

(other than medical

and stock brokerage

offices) 1 for every 250 square feet of gross floor area.

F. Medical office or

clinic 1 for every 150 square feet of gross floor area but in no event less than 2 for every doctor or dentist regularly engaged in practice on the site.

G. Personal care and

beauty salon 1 for every 75 square feet of gross floor area but in no event less than 1 for every operator working under a license to practice on the site.

H. Churches 1 for every 35 square feet of gross floor area.

I. Schools 1¹/₂ for each classroom in elementary schools; 3 for each classroom in high school.

J. Plant nurseries 1 for every 500 square feet of land area not under roof, and 1 for every 200 square feet of gross floor area under roof.

K. Other places of

assembly 1 for each 35 square feet of gross floor area.

L. Tutorial services 1 for each 200 square feet of gross floor area but in no event less than 1 for each instructor, on-site manager or other employee on the largest shift.

M. Stock brokerage offices 1 for every 200 square feet of gross floor area.

N. Medical laboratories 1 space for every 200 square feet for the first 1,000 square feet of floor area plus 2 additional spaces for each additional 1,000 square feet of floor area thereafter.

O. Veterinary offices and

clinics 1 for every 250 square feet of gross floor area. (Ord. 096-1093, 7-10-1996; amd. Ord. 097-1108, 6-11-1997; Ord. 098-1124, 9-9-1998)

 

23.10.04: PARKING REQUIREMENTS FOR USES NOT SPECIFIED:

Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the commission, and such determination shall be based upon either the requirements for the most comparable use specified herein, or upon a special study of parking requirements for that use. (Ord. 096-1093, 7-10-1996)
 

23.10.05: GENERAL REQUIREMENTS:

The following standards shall apply to all required parking spaces:

A. Size And Access: Each off-street parking space shall have an area of not less than one hundred seventy (170) square feet, exclusive of drives or aisles, and a width of not less than eight and one-half feet (8.5'). Each such space shall be provided with adequate ingress and egress to a public street. No stack or tandem parking shall be permitted.

B. Compact Cars: In every parking area and garage containing ten (10) or more stalls, a maximum of twenty five percent (25%) of the parking spaces may be designed to accommodate compact cars and be designed for such use and which shall be clearly marked and designated in the parking area. Each space will have an area of not less than one hundred twenty (120) square feet and the following minimum width and length:

Minimum width 8 feet

Minimum length 15 feet

C. Location: Required off-street parking for buildings constructed prior to January 1, 1992, may be provided on property other than the property for which the parking would serve, subject to the following requirements:

1. The applicant for the off-site parking plan agrees to immediately cease all operations of the business for which the off-site parking is to be devoted within thirty (30) days following the termination of the lease or other arrangements the Commission or Council approved for the off-site parking unless the Commission, or the Council on appeal, first approves a new off-site parking plan; and

2. The off-site parking is located within the City and, for parking that is to be utilized by customers, is not separated from the use by San Gabriel Boulevard, Huntington Drive or San Marino Avenue; and

3. No reduction of existing on-site parking will result; and

4. No off-site parking to accommodate an expansion or change in use requiring additional parking will be permitted in connection with an existing use that is nonconforming for failure to provide sufficient parking unless the off-site parking will provide more parking than the Zoning Ordinance requires for the change in use; and

5. Any off-site parking located more than three hundred feet (300') from the property which it serves shall be limited only to employee parking use, and the owner of the property on which the off-site parking is located and the lot the parking serves shall record covenants restricting such property to that use; and

6. Parking spaces located at a distance greater than three hundred feet (300') from the property served shall not be utilized to satisfy more than fifty percent (50%) of the off-street parking requirement; and

7. The Commission approves an off-site parking plan pursuant to issuance of a conditional use permit following a public hearing, notice of which is provided to the owner(s) of property located within three hundred feet (300') of the lots to which the parking is to be dedicated and upon which the parking is to be devoted, subject to appeal to the Council filed within fifteen (15) days following the Commission's action. In approving such an off-site parking plan, the Commission may impose such conditions that it deems necessary. Such conditions may include, but need not be limited to, measures to ensure that employees of the business shall park at the off-site location or a requirement that the business provide valet, shuttle, jitney or other services to bring customers and/or employees from the off-site location to the business. No such plan shall be approved unless the Commission finds that approval will not harm the public health, safety or general welfare. In considering such approval, the Commission shall consider the percentage of parking that will be provided on-site, whether customers and employees will utilize the off-site parking, the existing parking problems in the neighborhood and the distance between the off-site parking and the business and such other factors the Commission deems appropriate; and

8. If the parking plan requires employees to utilize the off-street parking, the owner of the business utilizing the off-site parking shall provide the City with a list of the names and vehicle license numbers of all employees. This list shall be updated within five (5) working days of a change in employees or a vehicle utilized by an employee. Failure of the employees to park in the off-site location shall constitute grounds for revocation of the off-site parking plan.

9. Any lease of off-site parking shall be for an initial term of at least one year, or such longer minimum term as the Commission approves, and shall be renewable only for terms of one year or more.

D. Mixed Occupancies In A Building: In the case of mixed users in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use. If a use or occupancy on a mixed use lot is proposed to be changed to a use or occupancy having a more restrictive off-street parking requirement, such change shall be allowed only if all uses and occupancies on the lot will thereafter have the parking required under this Code for new structures.

E. Joint Use: The Commission may, upon the approval of a conditional use permit, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:

1. Up to fifty percent (50%) of the parking facilities required by this Section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to fifty percent (50%) of the parking facilities required by this Section for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection E4 of this Section.

2. Up to one hundred percent (100%) of the parking facilities required by this Section for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection E4 of this Section.

3. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditoriums, incidental to a public or parochial school, or churches.

4. Conditions required for joint use are as follows:

a. Location: The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facility.

b. Conflict: The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.

c. Agreement: The parties agreeing to the joint use of off-street parking facilities shall evidence agreement for such joint use by a proper legal instrument approved by the City Attorney as to form and content. Such instrument shall be irrevocable, except with the consent of the City, and, when approved as conforming to the provisions of this Chapter, shall be recorded in the office of the County Recorder and copies thereof filed with the Planning and Building Department.

d. Plans: The plan for the proposed parking area shall be submitted to the Planning and Building Department for approval. The plan shall clearly indicate the proposed development, including location, size, shape design, curb cuts, ingress, egress, circulation, method of parking, lighting, landscaping and other features and appurtenances of the proposed parking lot. (Ord. 096-1093, 7-10-1996)
 

23.10.06: REQUIRED IMPROVEMENT AND MAINTENANCE OF PARKING AREA:

Every lot used as a public or private parking area and having a capacity of five (5) or more vehicles, whether required under this Article or not, shall henceforth be developed and maintained in the following manner:

A. Border Barricades And Screening:

1. Every parking area that is not separated by a fence from any street or alley property line upon which it abuts shall be provided with a concrete curb not less than six inches (6") in height, located not less than two feet (2') from such street or alley property lines, and such curb or barrier shall be securely installed and maintained.

2. Every parking area located within ten feet (10') of property located in an R-1 Zone shall be separated from such R-1 zoned property by a solid masonry wall constructed on the property line and not less than five feet (5') nor more than six feet (6') in height, measured from the grade of the finished surface of such parking lot closest to the adjacent R-1 zoned property; provided, that such wall shall be provided with weep holes or other drainage structures where required by the City Engineer for the control of surface waters; and provided, that within ten feet (10') of any street line, the wall shall not exceed forty two inches (42") in height.

3. Parking lots which are used after dark shall maintain a minimum lighting of 0.5 foot-candle at every point of the lot, at ground level during such nighttime use. Lighting shall be so arranged as to be directed onto the parking areas and reflected away from any R-1 zoned property. All lighting standards shall be protected from damage by a twelve inch by twelve inch by twenty four inch (12" x 12" x 24") high concrete pedestal or approved equal. Lighting standards and fixtures shall be approved by the Planning and Building Department.

B. Entrances And Exits: The location and design of all entrances and exits shall be subject to the approval of the City Engineer, provided no entrance or exit other than on or from an alley shall be closer than ten feet (10') to any lot located in an R Zone. (Ord. 096-1093, 7-10-1996)
 

23.10.07: PARKING REQUIREMENTS UPON RECONSTRUCTION:

When more than seventy five percent (75%) of a structure (as it existed on January 17, 1955) has been (or is in process of being) replaced or reconstructed over a period of less than five (5) years, such structure shall be subject to the parking requirements for new structures. (Ord. 096-1093, 7-10-1996)
 

23.10.08: PARKING REQUIREMENTS UPON CHANGE OF USE:

No existing use or occupancy of property in the C-1 Zone shall be changed to a use or occupancy requiring more off-street parking under the provisions of Section 23.10.04 of this Article unless the off-street parking required for such proposed new use or occupancy is provided. (Ord. 096-1093, 7-10-1996)
 

23.10.09: PERMANENCY:

It shall be unlawful for any person to use or permit to be used any required off-street parking space or access thereto for any purpose other than for automotive parking. (Ord. 096-1093, 7-10-1996)
 

23.10.10: PARKING REQUIREMENTS FOR EXISTING STRUCTURES:

Off-street parking facilities which, on January 27, 1955, are being maintained on the same regularly subdivided lot with, and in connection with the use of, any existing structure, shall be maintained so long as such structure remains unless equivalent facilities are provided on the same lot or within three hundred feet (300') thereof as herein provided. (Ord. 096-1093, 7-10-1996)
  

23.10.11: BUILDING PERMIT REQUIREMENTS:

A. Permit Required; Application: Any person desiring or proposing to do any of the following shall apply to the Planning and Building Department for parking review:

1. Construct a new building in the C-1 Commercial Zone; or

2. To enlarge or increase the floor space of any existing building in such Zone; or

3. Devote any vacant area in such Zone to the parking of vehicles.

The applicant shall file with the Planning and Building Department plans and specifications for the new building or for the enlargement or increase of the floor space of the existing building or for the new parking area, as the case may be, and shall furnish evidence satisfactory to the Planning and Building Department not only that the applicant owns or otherwise has available sufficient property to provide the minimum off-street parking required by this Article, but if the parking is to be provided on a different site, that such property has been adequately restricted for the parking of automobiles by a deed, lease or agreement which shall be recorded and shall be irrevocable until the building for which such parking area is an adjunct has been removed or the use has been discontinued. No activity subject to parking review under this Section may be commenced until the parking has been reviewed and approved.

B. Permit Fees: A fee established by Council resolution for processing the parking review shall be paid at the time the application is filed, which fee shall not be returned. If the application is approved by the City, an additional fee established by Council resolution shall be paid at the time of approval. (Ord. 096-1093, 7-10-1996)
 

23.10.12: PAVING PERMIT REQUIRED:

A paving permit is required for any proposed construction or replacement of more than fifty percent

(50%) of a parking lot within properties located in the C-1 Zone. A paving permit shall be issued by the Planning and Building Department if the proposed parking lot construction or replacement is found to be in accordance with the development standards found in this Chapter. (Ord. 096-1093, 7-10-1996)

ARTICLE 11

ENVIRONMENT FEES- Back to top

SECTION:

23.11.01: Fees For The Processing Of Negative Declarations And Other Environmental Documents
 
 

23.11.01: FEES FOR THE PROCESSING OF NEGATIVE DECLARATIONS AND OTHER ENVIRONMENTAL DOCUMENTS:

Fees for the processing of negative declarations and other environmental documents shall be established by Council resolution. (Ord. 096-1093, 7-10-1996)

ARTICLE 12

SIGNS- Back to top

SECTION:

23.12.01: Signs In C-1 Zone

23.12.02: Signs In R-1 Zone

23.12.03: Signs In P&R Zone
  

23.12.01: SIGNS IN C-1 ZONE:

A. Definitions: When used in this article, the following words and phrases have the following meanings:

ADVERTISING STRUCTURE: A structure of any nature that is erected or maintained for advertising purposes, and upon which any poster, bill, printing, painting or other advertisement of any nature may be placed for advertising purposes.

AWNING: An architectural fixture that: 1) projects from, and is totally supported by, the exterior wall of a building; 2) provides protection from the elements to pedestrians below, or to occupants within a building; 3) is visually positioned above a window or a door; and 4) is permanent, in that it is not retractable and cannot be removed from the building without altering the building structure.

AWNING SIGN: A sign that is affixed to, or painted or printed upon, an awning.

BLADE SIGN: A sign which projects perpendicular to the building to which it is attached.

FACADE: The exterior portion of a building which faces a public street. Said portion would generally consist of a solid wall, glass, or other building materials. A facade area would be measured taking into account the width of the frontage devoted to the business and the height measured from the sidewalk to the top of the wall.