Downey City Zoning Code
CHAPTER 5
SUPPLEMENTAL REGULATIONS
§ 9502 ACCESS AND ZONES.
Access to or from any lot, or portion of any lot, in a parking, commercial, or manufacturing zone shall not be permitted through or across any lot, or portion of any lot, in a residential zone, unless:
§ 9504 AIR CONDITIONING, MECHANICAL ROOF, AND UTILITY EQUIPMENT.
All air conditioning, mechanical roof, and utility equipment shall be designed and located so as to not transmit noise or vibration to abutting properties. Such equipment shall also be screened from view from abutting or adjacent properties or public streets by the use of landscape screens, walls, or other devices, and such screening shall consider the view of air conditioning equipment from abutting multi-story buildings. See Figures 9.5.1 and 9.5.2.
 Figure 9.5.1. Typical Screening of Mechanical Roof Equipment |
 Figure 9.5.2. Typical Screening of Outdoor Surface Equipment |
The determination of the adequacy of screening shall be made at the time of Site Plan Review. In addition, the following shall be required:
(a)
In residential zones, no swimming pool, water heater, or air conditioning equipment shall be located in any street setback or within five feet of an interior property line.
(b)
In the R-1 and R-2 zone, there shall be no roof mounted equipment, except small wind energy systems, solar water heaters, solar power, or other passive solar energy systems.
(c)
In commercial or industrial zones, no swimming pool, air conditioning, or utility equipment (transformer pads, and the like) shall be located within any portion of a street setback required to be landscaped or within a setback required adjacent to a residential zone.
§ 9506 APPROVAL OF ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES.
The Council may attach restrictions, conditions, and requirements to the acquisition of any lot, square, park, or other public ground or open space by any public entity, including the City, in order to carry out the purpose and intent of this chapter. As required by Government Code Section 65402, any such acquisition shall be submitted to and reported upon by the Commission as to the conformity of the acquisition with the adopted General Plan prior to its approval. The Commission shall issue its report on the conformity of said acquisition with the General Plan as required by the Government Code, unless a longer period of time is granted by the Council.
§ 9508 BUILDINGS MOVED.
Any building or structure, except for mobile/manufactured homes, moved onto any lot or parcel of land shall conform to all applicable provisions of this article and be subject to Site Plan Review as required by Section 9820.
§ 9510.02 INTENT AND PURPOSE.
The intent and purpose of this section is to:
(a)
Provide standards for the conversion of existing multiple-family rental housing to multiple ownership housing;
(b)
Increase home ownership opportunities for all segments of the population;
(c)
Mitigate the hardship caused by displacement of tenants, particularly those in low to moderate cost housing and those who are elderly, handicapped, disabled, and families with minor children;
(d)
Promote the safety of conversion projects and correction of Building Code violations in such projects;
(e)
Provide adequate off-street parking at multiple ownership housing;
(f)
Protect existing rental housing stock by regulating conversions; and
(g)
Ensure that conversions are consistent with the public health, safety, and welfare of the City and its residents.
§ 9510.04 APPLICABILITY.
The provisions of this section shall apply to all Tentative Tract Maps and Parcel Maps for the conversions of existing multiple-family rental housing to condominiums, planned development units, townhouses, stock cooperatives, or community housing projects.
§ 9510.06 GENERAL REQUIREMENTS.
Each property shall comply with the provisions of this section, applicable sections of Article IX, Chapters 1 and 2, the State of California Subdivision Map Act, the California Environmental Quality Act (CEQA), the City's adopted General Plan, and adopted Specific Plans. Conversions located within redevelopment district boundaries shall be approved only if plans are consistent with the City's redevelopment standards, as approved by the Community Development Commission.
§ 9510.08 APPLICATION FOR CONVERSION.
In addition to the requirements relating to application for a Tentative Tract Map or Parcel Map and Conditional Use Permit, the application for a condominium conversion shall include the following:
(a)
Preliminary Application Procedures. A preliminary condominium conversion application consisting of:
(1)
Tenant and rental information which shall consist of the name and address of each present tenant of the project, and the identification of the vacant units. This list shall be updated prior to subsequent hearings.
(2)
Schedule of proposed improvements which shall be made to the project prior to their sale; said list shall not prohibit the applicant from making additional improvements.
(3)
A plot plan of the project including the location and sizes of structures, parking layout, and access areas.
(4)
A request for inspection of the entire property and individual dwelling units prior to filing a formal application for conversion. This inspection shall consist of a:
(i)
Property report which shall describe in detail any Building Code violations, the conditions and remaining useful life of all structures, roofs, foundations, mechanical, electrical, plumbing, structural elements, energy conservation efficiency, plus an analysis of the general condition of ceilings, walls, doors, windows, and appliances. Said report shall be prepared by a team consisting of an approved registered civil or structural engineer, a licensed architect, or registered architectural designer, and a licensed general contractor. The cost of such report shall be at the applicant's expense. If building inspection reports have been submitted to the California Department of Real Estate, such reports shall be furnished to the City;
(ii)
Structural pest control report, prepared by a licensed pest control contractor;
(iii)
Acoustical report, indicating:
(A)
The type of construction between the dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and
(B)
The feasibility of various levels of improvements, prepared by a qualified acoustical engineer; and
(iv)
Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.
(b)
Formal Application Procedures. Subject to satisfactorily completing the requirements of Section 9510.08(A), the applicant shall, upon approval by the City Planner, file a formal application. The review of each application will then be conducted in accordance with the procedures established by this article. The following information shall be submitted at the time of filing:
(1)
Two copies of a preliminary draft of the proposed CC&Rs, By-Laws, and Articles of Incorporation for the Home Owner's Association to be recorded as required by State Law. Once these documents are accepted in final form by the City Planner, no portion of the Declaration shall be amended, modified, or changed unless required by the Department of Real Estate, without first obtaining the written consent of the City Planner. Each document shall contain a statement to that effect at the end of such provision.
(2)
The CC&Rs shall:
(i)
Require maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Section 9510.14, Correction of Deficiencies, shall be described in the Declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the Declaration shall provide for any purpose except cleaning or replacement, and further provide that any replacement covering(s) shall furnish the same or a greater degree of impact insulation as that originally installed;
(ii)
Incorporate a parking management plan indicating parking space(s) which will be assigned exclusively to each dwelling unit and preclude the rental of garage units for use by anyone but owners or tenants of the subject property;
(iii)
Preclude the parking of recreational vehicles on the subject property unless specific separate parking stalls are approved by the Commission;
(iv)
Specify the type of installation of antennae for television and radio of all types;
(v)
Specify the type of installation and operation of solar heating equipment; and
(vi)
Specify the remodeling of all units, particularly any exterior building modifications that must be approved during Site Plan Review.
§ 9510.10 REQUIRED FILINGS.
In addition to filing the application for conversion, the applicant shall file the following:
(a)
Conditional Use Permit. Property to be converted to multiple ownership in a residential zone shall be subject to a Conditional Use Permit approval from the City, and to all other applicable provisions.
(b)
Tentative Tract or Parcel Map. All multiple ownership conversions including, but not limited to, condominiums, planned development units, townhouses, stock cooperatives, and community apartment projects shall be considered subdivisions and consequently subject to the City's subdivision regulations.
(1)
Sixty days prior to submitting a tract map for final acceptance by the City, the developer shall submit to the City, two copies of the final draft of the CC&Rs, By-Laws, and the Articles of Incorporation for approval.
§ 9510.12 MINIMUM CONVERSION STANDARDS.
All applicable development standards based on the subject property's zoning shall apply to a conversion to multiple ownership, except that the Commission shall have the right to require those standards necessary to meet City goals. Conversions shall not be approved which fail to meet the following minimum standards:
(a)
Lot Area Requirements.
(1)
Apartment conversions in residential areas shall provide minimum lot size and dimension standards as required for the underlying zone by Chapter 3.
(2)
Apartment conversions in the M-U Zone shall have a minimum lot area of not less than 12,000 square feet of area, provided all applicable zoning standards are met.
(c)
Fire Safety. The following fire safety standards shall be required for all condominium conversions:
(1)
Fire walls and doors shall be installed complying with Fire Prevention Code standards and Building and Safety Division requirements.
(2)
Each dwelling unit within an apartment conversion project shall have a smoke detection device which meets the requirements of the Uniform Building Code. Additionally, there shall be installed a local fire alarm warning system designed to meet the requirements of the Fire Department.
(3)
Fire extinguishers shall be provided and maintained as per requirements of the Uniform Fire Code.
(d)
Parking. Residential conversions require a minimum of two parking spaces for each unit converted, one of which must be a covered parking space. Guest parking shall be provided as set forth by the Commission in the Conditional Use Permit. The CC&Rs for a residential conversion shall also include a condition that no residential unit owner's recreational vehicle, boat, trailer, etc., shall be parked in any guest parking space.
(e)
Noise. Floor-to-ceiling assemblies between separate units shall meet a Sound Transmission Class Rating of 50, as certified in the inspection report, with the exception of the bathroom and kitchen which shall have a Sound Transmission Class Rating of not less than 45. Wall-to-wall carpeting shall be required in all rooms of dwelling units with the exception of bathroom, kitchen, and private open space areas.
(f)
Property Storage. Cabinets shall be provided for each dwelling unit within a garage or carport. Such cabinets shall have not less than 160 cubic feet of area for two parking spaces and 80 cubic feet for one covered space, with a minimum depth of 24 inches, and shall be constructed of one-half (½) inch plywood or other suitable material equipped with hinges and locking devices.
(g)
Street Improvements.
(1)
At the time of conversions, any necessary street dedications shall be established by the Commission.
(2)
The subdivider shall improve, or post a cash bond or letter of credit with the City guaranteeing the installation of improvements, to City standards, in substandard streets or deficient street improvements abutting the property, to the satisfaction of the City Engineer. These improvements may include, but shall not be limited to dedication, curbs, gutters, paving, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and streetlights.
(3)
The width of the public rights-of-way and roadway of the street(s) abutting the property shall conform to the minimum standard established by the Circulation Element of the General Plan or as otherwise established by the City.
(h)
Setback. Residential conversions shall have side setbacks not less than five feet. Distances between buildings on the same property having doors or windows which are opposite each other shall not be less than 10 feet for one story structures, 15 feet for two story structures and 20 feet for three story structures.
(i)
Density Bonus (Conversion Only). A density bonus or a development incentive of equivalent financial value shall be granted for a multiple-family ownership conversion when the applicant agrees to provide:
(1)
At least 33% of the total units of the proposed condominium project to persons and families of low or moderate income*, or
(2)
Fifteen percent of the total units to lower income households**, and
(3)
Agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section.
(4)
A development agreement shall be entered into between the developer and the City which shall require the developer to provide any of the applicable percentages of affordable housing as provided in Sections 9510.12(I)(1) and 9510.12(I)(2) above. The development agreement shall also require the developer to adopt and record CC&Rs against the property, which shall run with the land, to covenant that the required percentage of affordable housing of all designated density bonus units continue for such time as may be agreed by the developer and the City. Upon change in the occupancy or ownership of an affordable housing unit, notice shall be given to the Housing Division as set forth in the CC&Rs. The Housing Division shall review each tenant or owner proposed to occupy an affordable housing unit to determine the eligibility of such tenant or owner.
(5)
An applicant for approval to convert apartments to a condominium project with a density bonus or development incentive shall submit to the City a preliminary proposal prior to the submittal of any formal requests for subdivision map approvals. The City shall, within 90 days of receipt of a written proposal accepted by the City, notify the applicant in writing, of the procedures for carrying out the request. The Commission and then the Council shall review and approve the conversion project with density bonus.
(6)
Nothing in this section shall be construed to require the City to approve any proposal to convert apartments to condominiums.
(7)
An applicant shall be ineligible for the density bonus or other incentives under this section if the apartments proposed for a conversion constitute a housing development for which the density bonus or other incentives were provided under Section 9512, Density Bonus.
* | Units targeted "for-sale" to a moderate income household shall be affordable if the total monthly payment required by the household to purchase and occupy the unit does not exceed 30% of the monthly income of a family (of the appropriate family size for the unit per the occupancy standards of the U.S. Department of Housing and Urban Development) with a monthly income between 80 and 120% of the County median income. |
** | Units targeted "for sale" to a lower income household shall be affordable if the total monthly payment required by the household to purchase and occupy the unit does not exceed 30% of the monthly income of a family (of the appropriate family size for the unit per the occupancy standards of the U.S. Department of Housing and Urban Development) with a monthly income no more than 80% of the County median income. |
§ 9510.14 CORRECTION OF DEFICIENCIES.
(a)
Design Requirements.
(1)
The general appearance of the proposed conversion shall contribute to the orderly and harmonious development of the community as a whole. This shall include a review of all elevations of the conversion. Such review shall be conducted during Site Plan Review.
(2)
Vehicular access ways shall be designed to eliminate an alley-like appearance when possible.
(b)
Exteriors. All exterior surfaces shall be brought up to original standards by painting, repairing, re-stuccoing, or replacement.
(c)
Landscaping. Plans shall be submitted indicating condition of all landscaped areas on the property including walkways, recreation areas, and a plan for refurbishing, including:
(1)
Installation of an automatic irrigation system.
(2)
The lighting system, including security lights.
(3)
Residential properties developed with multiple unit buildings shall provide usable open space as required by Section 9312.08.
(4)
Open space shall include all usable areas on the site, exclusive of the areas required for setbacks, driveways, parking areas, and storage. Credit for open space can be received for private patios and other recreational facilities including recreation rooms, swimming pools, and other special facilities determined by the Commission to have a significant positive impact on the project.
(d)
Roofs. Roofs having less than five years remaining life shall be re-roofed, including parapets, vents, and sheet metal of any kind.
(e)
Perimeter Property Line Walls and Areas.
(1)
Decorative walls shall be constructed on the rear and side yard of each conversion development as required by Section 9520, except where the City Planner determines that such walls will adversely impact driveway access.
(2)
The Commission shall review and determine if any structures, amenities, landscaping, walkways, perimeter treatments, or decorative portions of the project need to be refurbished and/or restored. These elements shall be upgraded to City standards, including Housing Code, prior to the applicant submitting his/her final subdivision map to the City for approval.
(f)
Heating and Air Conditioning Equipment.
(1)
All equipment shall be completely serviced by a State-licensed heating and air conditioning contractor, who then will provide a written statement that they have at least a six year remaining life. Wall-mounted air conditioners or heat pumps shall be exempt from this requirement.
(2)
The applicant shall pre-pay a 12 month maintenance contract on behalf of the Home Owner's Association.
(h)
Plumbing. All fixtures shall be replaced, except in those cases where the Building Official determines fixtures are less than one year old or are to a standard comparable to new fixtures.
(i)
Appliance and Light Fixtures.
(1)
All appliances shall be new or refurbished to equal new standards if supplied in sale of unit.
(2)
Light fixtures shall be repaired, or replaced, and brought up to current Code as needed.
(3)
All clothes washers, hot water heaters, and other appliances which the Building Section determined to be potential sources of water leakage or flooding shall have built-in drip pans and appropriate drains installed except in those cases where such equipment is located on a cement slab.
(k)
Doors.
(1)
All exterior doors shall be of solid core construction with a minimum thickness of one and three-quarter-inch thickness, except glass doors.
(2)
Exterior doors, sliding glass doors, and double entry doors shall be equipped with City-approved safety locks and dead latch mechanism. Locks shall not have a master key.
(3)
All exterior doors shall be completely weather-stripped.
(4)
All other doors shall be repaired, painted, or replaced, including hardware where needed.
(l)
Attic Access Buildings. Any buildings with attic access shall be provided with insulation to an R-19 value.
(m)
Cabinets. All storage cabinets are to be painted and brought up to a near new condition. Replace all cabinets that are beyond repair and obsolete.
(n)
Hot Water Equipment. Hot water equipment shall be adequate to allow adequate consumption for each individual unit. Dependent upon the type and size of utilities to be provided and the size of units, the Building Official shall determine the amount of hot water capacity to be provided to all units.
§ 9510.16 MAINTENANCE FUND.
A property owner subdivider wishing to convert an apartment complex for sale as a multiple ownership facility shall provide each prospective buyer with a statement listing a history of conversion repairs and a copy of the City inspection team's report as required in Section 9510.18. For all buildings more than three years of age, the developer shall post moneys to be used for large-scale repairs. Such money shall be held in a bona fide trust account, to be held separately from regular monthly maintenance fees' accounts. The use of this fee shall be established by the City-approved by-laws for each development. They shall be utilized for large-scale repairs affecting the entire complex. The City Planner shall compute the total sum of money to be deposited in the trust account by determining Value A, Value B, and Value C using Table 9.5.1, and then multiplying Value A by Value B plus Value C.
Table 9.5.1. Large-Scale Repairs Deposit Calculation: Schedule of Values for A, B, and C | |
|---|---|
Criteria | Value |
Total number of units within the complex: | Value of A |
1-3 units | $500 per unit |
4-8 units | $400 per unit |
9-14 units | $300 per unit |
15 or more units | $200 per unit |
Age of the complex: | Value of B |
1-3 years | 0 |
4-8 years | 1 |
9-11 years | 2 |
15 or more years | 3 |
Total number of units within the complex: | Value of C |
8 or fewer units | $1,000 |
9-14 units | $2,900 |
15 or more units | $6,000 |
(a)
For example, the total amount of money to be set up in trust for the conversion of a 10 year-old complex with a total of eight units would be calculated as follows:
Using Table 9.5.1:
Value A = 8 units x $400 per unit = $3,200
Value B = 10 years = 2
Value C = 8 units = $1,000
(Value A) x (Value B) + (Value C) = Total amount of deposit; therefor:
($3,200) x (2) + ($1,000) = $7,400.
(b)
The developer of a converted complex shall also pay the monthly association fee required for each unit that is unsold at the time each unit's association fee is due to the Home Owner's Association from the time the first unit in that complex closes escrow.
§ 9510.18 FINAL INSPECTION REPORT.
A final inspection report shall be made by the Building Official prior to consideration of the final subdivision map, or parcel map, indicating the compliance with all requirements imposed herein.
(a)
The subdivider shall improve, or post a cash bond or letter of credit with the City guaranteeing the installation of improvements to City standards, in substandard streets or deficient street improvements abutting the property, to the satisfaction of the City Planner. These improvements may include, but shall not be limited to dedication, curbs, gutters, paving, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and street lights.
§ 9510.20 RESPONSIBILITY OF SUBDIVIDER TO TENANT.
(a)
The applicant shall notify, in writing, all tenants in any building being proposed for conversion not less than 20 days prior to the Commission meeting regarding the tentative map for the proposed conversion.
(b)
Each tenant shall be given a minimum of 150 days' written notice of intention to convert prior to termination of tenancy due to a conversion or proposed conversion.
(c)
Tenants shall be given an exclusive right to contract to purchase their unit at equal or more favorable terms and conditions than such units initially offered to the general public not less than 20 days from the day of issuance of the subdivision public report (Business and Professions Code Section 11018.2) unless tenant gives prior written notice of his/her intention not to exercise this right.
(1)
The property owner of a complex being converted shall give the tenants thereof the right to terminate leases without penalty at any time after the tenant receives written notice that the building has been approved for conversion.
(d)
Unless tenants of the building proposed to be converted are given written notice of the intention to convert to condominiums by the owner or owner's agent at the time a tenant signs a rental or lease agreement, the subdivider shall compensate the tenant for their relocation not to exceed the fee set by City Council Resolution, to be paid at the time the notice of termination (eviction) is presented to the tenant (if prior to the submittal of the final map); if termination of residency has not been noticed, and the relocation fee not paid prior to the filing of the final map, the owner of the property shall submit written evidence to the City that he/she has entered into an agreement with each tenant to provide actual cost of relocation not to exceed the fee set by City Council Resolution to said tenant at the time the notice of termination of eviction is served.
(e)
Tenants with children may not be excluded from purchasing units being converted.
(f)
The property owner shall allow tenants with children to extend their lease to the end of the current academic year.
(g)
In addition to the relocation expense, the developer shall pay each tenant of a conversion required to move a relocation payment, as by City Council resolution.
§ 9512.02 INTENT AND PURPOSE.
The intent and purpose of this section is to set forth the procedures for complying with Government Code Section 65915 et seq., Density Bonus and Other Incentives. Government Code Section 65915 requires that each city adopt an ordinance that specifies the method by which the City will provide concessions and/or incentives to a developer that proposes to construct affordable housing units as specified in this section. This section identifies the procedures and requirements by which such a housing development proposal shall be submitted to and evaluated by the City and provides the means by which a density bonus and/or other concessions may be granted to a developer that agrees to provide targeted dwelling units as specified in Government Code Section 65915.
§ 9512.04 APPLICABILITY.
(a)
This section applies only to a housing development containing five or more dwelling units, excluding density bonus units.
(b)
Density bonus calculations resulting in a fractional unit are rounded up to the next whole number.
(c)
The granting of the density bonus shall not be interpreted to require a General Plan amendment, zone change, or other discretionary approval.
§ 9512.06 SUMMARY TABLES.
Tables 9.5.2 and 9.5.3 summarize the available density bonuses, incentives, and concessions pursuant to State Density Bonus Law.
Table 9.5.2. Density Bonus Summary | ||||
|---|---|---|---|---|
Target Units or Category | Minimum % Target Units | Bonus Granted | Additional Bonus for Each 1% Increase in Target Units | % of Target Units Required for Maximum Bonus |
Pursuant to State Density Bonus Law: A State density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35%, and an additional square footage bonus may be granted for a day care center. | ||||
Very low-income | 5% | 20% | 2.5% | 11% |
Lower-income | 10% | 20% | 1.5% | 20% |
Moderate-income (ownership units only) | 10% | 5% | 1% | 40% |
Senior citizen apartment project (35 units or more; no affordable units required) | 100% senior | 20% | NA | NA |
Land donation for very low-income housing | 10% of market-rate units | 15% | 1% | 30% |
Condominium conversion – moderate-income | 33% | 25%a | NA | NA |
Condominium conversion – lower-income | 15% | 25%a | NA | NA |
Day care centerb | NA | Sq. ft. in day care centera | NA | NA |
Notes: | |
a | Or an incentive of equal value, at the City's option. |
b | Refer to Section 9512.12. |
NA = Not Applicable | |
Table 9.5.3. State Density Bonus Incentives and Concessions Summary | |||
|---|---|---|---|
Target Units or Category | % of Target Units | ||
Pursuant to State Density Bonus | |||
Very low-income | 5% | 10% | 15% |
Lower-income | 10% | 20% | 30% |
Moderate-income (ownership units only) | 10% | 20% | 30% |
Maximum Incentive(s)/Concession(s) a, b, c, d | 1 | 2 | 3 |
Notes: | |
a | A concession or incentive may be requested only if an application is also made for a density bonus. |
b | Concessions or incentives may be selected from only one category (very low, lower, or moderate). |
c | No concessions or incentives are available for land donation. |
d | Condominium conversions and day care centers may have one concession or a density bonus at the City's option, but not both. |
§ 9512.08 STATE DENSITY BONUSES, INCENTIVES, AND CONCESSIONS FOR CONSTRUCTION OF AFFORDABLE AND SENIOR HOUSING.
(a)
Basic Density Bonus (Very Low-and Lower-Income Units). A residential development is eligible for a 20% density bonus if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct at least one of the following:
(b)
Basic Density Bonus (Senior Housing). A senior housing development is eligible for a 20% density bonus if it includes at least 35 dwelling units, and the applicant seeks a density bonus. Senior housing developments are not required under State law to be affordable to very low-, lower-or moderate-income households.
(c)
Basic Density Bonus (Moderate-Income Ownership Units). A residential development is eligible for a 5% density bonus if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct 10% of the total units as ownership units affordable to moderate-income households.
(d)
Additional Density Bonus.
(1)
Very Low-Income Units. For each 1% increase above 5% in the percentage of units affordable to very low-income households, the density bonus shall be increased by two and one-half (2½) percent up to a maximum of 35%.
(2)
Lower-Income Units. For each 1% increase above 10% in the percentage of units affordable to lower-income households, the density bonus shall be increased by one and one-half (1½) percent up to a maximum of 35%.
(3)
Moderate-Income Ownership Units. For each 1% increase above 10% of the percentage of ownership units affordable to moderate-income households, the density bonus shall be increased by 1% up to a maximum of 35%.
(4)
Senior Housing. No additional density bonus is provided for senior-only units.
(e)
Calculation of Density Bonus.
(1)
When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
(2)
The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
(3)
The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Section 9512.08(A) through Section 9512.08(D). Regardless of the number of target units, no residential development may be entitled to a total density bonus of more than 35%.
(4)
Each residential development is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very low-income target units, lower-income target units, or moderate-income ownership target units, or the project's status as a senior housing type. Density bonuses from more than one category may not be combined, except that bonuses for land dedication pursuant to Section 9512.10 may be combined with bonuses granted pursuant to this subsection, up to a maximum of 35%, and an additional square footage bonus for day care centers may be granted as described in Section 9512.12.
(f)
Incentives and Concessions. A residential development is eligible for incentives and concessions if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct affordable units as follows:
(1)
Very Low-Income Units. A residential development is entitled to one incentive or concession for a project that includes at least 5% of the units for very low-income households; two incentives or concessions for a project that includes at least 10% of the units for very low-income households; and three incentives or concessions for a project that includes at least 15% of the units for very low-income households.
(2)
Lower-Income Units. A residential development is entitled to one incentive or concession if it includes at least 10% of the units for lower-income households; two incentives or concessions if it includes at least 20% of the units for lower-income households; and three incentives or concessions if it includes at least 30% of the units for lower-income households.
(3)
Moderate-Income Ownership Units. A residential development with ownership units affordable to moderate-income households is entitled to one incentive or concession for a project that includes at least 10% of the ownership units for moderate-income households; two incentives or concessions for a project that includes at least 20% of the ownership units for moderate-income households; and three incentives or concessions for a project that includes at least 30% of the ownership units for moderate-income households.
(g)
Minimum Requirements. The requirements of this section are minimum requirements and shall not preclude a residential development from providing additional affordable units or affordable units with lower rents or sales prices than required by this section.
(h)
In accordance with State law, neither the granting of an incentive or concession nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan Amendment, Zoning Code Amendment or rezone, or other discretionary review application approval.
§ 9512.10 STATE DENSITY BONUS FOR LAND DONATION.
(b)
Basic Density Bonus. When an applicant for a residential development seeks a density bonus for the donation and transfer of land for the development of units affordable to very low-income households, as provided for in this section, the residential development shall be eligible for a 15% density bonus above the otherwise maximum allowable residential density in accordance with State law.
(c)
Additional Density Bonus.
(1)
For each 1% increase above the minimum 10% land donation described in subsection (b) of this section, the maximum density bonus shall be increased by 1%, up to a maximum of 35%.
(d)
Findings. The City may approve the density bonus described in this section if it makes all of the following findings when approving the residential development:
(1)
Donation and Transfer Date. The applicant will donate and transfer the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development.
(2)
Zoning Regulations. The developable acreage and zoning regulations of the applicable Zoning District of the land to be transferred will permit construction of units affordable to very low-income households in an amount not less than 10% of the total number of residential units in the proposed development, or will permit construction of a greater percentage of units if proposed by the developer to qualify for a density bonus of more than 15%.
(3)
Development Regulations. The transferred land is at least one acre in size or is large enough to permit development of at least 40 units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very low-income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure.
(4)
Development Permits. No later than the date of approval of the Final Map, Parcel Map, or other applicable development review application for the residential development, the transferred land will have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very low-income housing units on the transferred land unless the Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very low-income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the units within a reasonable time.
(5)
Density Bonus Housing Agreement. The transferred land and the very low-income units constructed on the land will be subject to a recorded Density Bonus Housing Agreement ensuring continued affordability of the units consistent with the density bonus housing agreement, which restriction shall be filed for recordation by the Community Development Director with the County Recorder's Office on the property at the time of dedication.
(6)
City Approved Transfer. The land will be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very low-income units and to require that the land be transferred to that developer.
(7)
Location. The transferred land is within the site boundaries of the proposed residential development. The transferred land may be located within one-quarter mile of the boundary of the proposed residential development provided that the Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on-site.
§ 9512.12 STATE DENSITY BONUS OR INCENTIVE OR CONCESSION FOR DAY CARE CENTERS.
(a)
Basic Density Bonus or Incentive or Concession.
(1)
Residential Development. A residential development that includes at least five dwelling units; includes affordable target units; and includes a day care center that will be located on the premises of, as part of, or adjacent to the residential development, is eligible for either of the following, at the option of the City, and if requested by the applicant in accordance with State law:
(2)
Commercial or Industrial Development. A commercial or industrial development that installs, operates, and maintains a child care facility for the nonresidential care of children is eligible for a floor area ratio density bonus of:
(i)
For existing structures, a maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility.
(ii)
For new structures, a maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility. For purposes of calculation the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility.
(b)
Findings. The City may approve the density bonus or incentive or concession described in this Section if it makes all of the following findings and requires as a condition of approval that:
(1)
For Residential Development.
(i)
The day care center will remain in operation for a period of time equal to or longer than the period of time during which the target units are required to remain affordable pursuant to the density bonus housing agreement.
(ii)
Of all children who attend the day care center, the percentage of children of very low-income households, lower-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, lower-income households, or moderate-income households in the residential development.
(iii)
The applicant shall be responsible for all costs of monitoring compliance with these provisions.
(c)
Density Bonus Limitation. Notwithstanding any other requirement of this section, the City shall not be required to provide a density bonus or incentive or concession for a day care center if it finds, based upon substantial evidence, that the community already has adequate day care center facilities.
§ 9512.14 STATE DENSITY BONUS FOR CONDOMINIUM CONVERSIONS.
(a)
Applicability. For purposes of this subsection, a density bonus means an increase in units of 25% over the number of units to be provided within the existing structure or structures proposed for conversion.
(b)
Basic Density Bonus. An applicant shall be eligible for either a density bonus or other incentives or concessions of equivalent financial value in accordance with State law if the applicant for a conversion of existing rental apartments to condominiums agrees to provide 33% of the total units of the proposed condominium project as target units affordable to households with moderate incomes or less, or to provide 15% of the total units in the condominium conversion project as target units affordable to lower-income households. All such target units shall remain affordable for the period specified in the density bonus housing agreement.
(c)
Density Bonus Limitation. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were previously provided pursuant to this article or Government Code Section 65915.
§ 9512.16 AFFORDABILITY AND OCCUPANCY STANDARDS.
(a)
Documentation. The Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this section. The documents may include but are not limited to regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all target units. Affordability documents for target units offered for sale may also include subordinate shared appreciation documents permitting the City to capture at resale the difference between the market rate price of the target unit and the affordable price at initial sale, plus a share of appreciation realized from an unrestricted sale in such amounts as deemed necessary by the City to replace the target units.
(b)
Rental Affordability Tenure. Target units offered for rent to lower-income and very low-income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer term of affordability may be required if the residential development receives a subsidy of any type, including but not limited to a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability, or as prescribed in any guidelines adopted pursuant to the City's Density Bonus Program Guidelines.
(c)
Ownership Affordability Tenure. Target units offered for sale to very low-, lower-, or moderate-income households shall be sold at an affordable ownership cost. For all other target units offered for sale any subordinate shared appreciation documents shall continue for a term of at least 30 years. If resale restrictions are used in lieu of shared appreciation documents, any resale restriction shall continue for a term of at least 30 years. A longer term of affordability may be required if the residential development receives a subsidy of any type, including but not limited to a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.
(d)
Principal Residence. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.
(e)
Occupancy Requirements. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit. The Council, by resolution, shall establish guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
(f)
Fees. The Council by resolution may establish fees for projects requesting density bonuses and incentives or concessions and for the ongoing administration and monitoring of the target units and day care centers, which fees may be updated periodically, as required.
(g)
Eligibility Restrictions. Any person who is a member of the Council or the Commission, and their immediate family members, and any person having any equity interest in the residential development, including but not limited to a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The Council, by resolution, may establish guidelines for determination of "immediate family members."
§ 9512.18 DEVELOPMENT STANDARDS.
(a)
Concurrency of Construction. Target units shall be constructed concurrently with nonrestricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 9512.26.
(b)
Target Unit Location. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, rowhouse, and multifamily target units shall be located so as not to create a geographic concentration of target units within the residential development.
(c)
Ratio of Target Units. Target units shall have the same proportion of dwelling unit types as the market-rate dwelling units in the residential development.
(d)
Construction Quality. The quality of exterior design and overall quality of construction of the target units shall meet all site, design, and construction standards included in the Municipal Code, including but not limited to compliance with all design guidelines included in applicable specific plans or otherwise adopted by the Council.
(e)
Laundry Facilities. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the target unit or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their dwelling units.
§ 9512.20 DEVELOPMENT INCENTIVES OR CONCESSIONS.
(a)
Definition. For purposes of this section, a concession or incentive shall mean any reduction in development standards or any modification of zoning or architectural design requirements necessary pursuant to Government Code Section 65915(d)(3) or 65915(e) to facilitate the construction of residential development at the densities provided for in Section 65915.
(b)
Limitation. One to three incentives or concessions may be requested for eligible residential developments pursuant to this section.
(c)
Concessions Not Requiring Financial Pro Forma from Applicant. The following concessions and incentives shall be available to the applicant without any requirement that the applicant demonstrate to the City that the requested concession or incentives results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(l)(1):
(1)
Up to 15% deviation from a minimum yard requirement, with each deviation counting as one concession;
(2)
Up to 15% reduction in the usable open space requirement or maximum lot coverage requirement;
(3)
Up to 15% reduction in lot dimensions;
(4)
Up to 15% increase in maximum building height;
(5)
Up to 15% reduction in minimum distance between buildings;
(6)
Reduction in required off-street parking as follows:
The City shall not require an off-street vehicular parking standard, inclusive of handicapped and guest parking, of a residential development meeting the criteria of Section 9512.08, 9512.10 or 9512.12 that exceeds the following:
(i)
Zero to one bedroom: one on-site parking space,
(ii)
Two to three bedrooms: two on-site parking spaces,
(iii)
Four and more bedrooms: two and one-half (2½) parking spaces,
(iv)
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a residential development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking;
(7)
Up to 15% reduction in landscaping area requirements;
(8)
Waiver of fee established pursuant to Section 9512.16(f).
(d)
Concessions Requiring Financial Pro Forma from Applicant. When requested by the applicant, the following concessions and incentives shall require the applicant to demonstrate to the Council that the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(l)(1):
(1)
A reduction of development regulations or a modification of zoning requirements that exceed or are in addition to those permitted by Section 9512.20(c);
(2)
Reduced parking space dimensions, driveway width, parking aisle width, garage and carport dimension, location of parking spaces within required yards, or reduced bicycle parking requirements;
(3)
Reductions in architectural design standards;
(4)
Other regulatory incentives or concessions that are not listed in this section that result in identifiable, financially sufficient, and actual cost reductions; and
(e)
Waiver or Modification of Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Sections 9512.08, 9512.10, and 9512.12 at the densities or with the incentives or concessions permitted by this section. The applicant shall show that the waiver or modification is necessary to make the dwelling units economically feasible based upon appropriate financial analysis and documentation as specified in Section 9512.22(d).
(f)
Nothing in this section requires the City to grant direct financial incentives for the residential development, including but not limited to the provision of publicly owned land or waiver of fees or dedication requirements.
§ 9512.22 APPLICATION REQUIREMENTS.
Applications for a Density Bonus shall include:
(a)
Density Bonus Housing Plan.
(1)
A Density Bonus Housing Plan, showing any density bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to this section, shall be submitted as part of the first approval of any residential development.
(2)
The Density Bonus Housing Plan shall specify, at the same level of detail as the application for the residential development, the number of units; dwelling unit type; level of affordability; tenure; number of bedrooms and baths; approximate location, size, and design; construction and completion schedule of all target units; number and location of all density bonus units; phasing of target units in relation to nonrestricted units; and marketing plan.
(3)
The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the target units.
(4)
For residential projects with 35 dwelling units or more, the Density Bonus Housing Plan shall specify a financing mechanism for the ongoing administration and monitoring of the target units.
(b)
Program Description. A description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards.
(c)
Pro Forma Requirements. For all incentives and concessions except those listed in Section 9512.20(c), the application shall provide a pro forma to the City demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma data submitted in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review the pro forma, shall be born by the applicant. The pro forma shall be reviewed by a third party as selected by the City and paid for by the applicant unless the City Planner waives the requirement for such a review.
(d)
Waiver or Modification of Development Standard Requirements. For waivers or modifications of development standards, the application shall provide a pro forma to the City demonstrating that the waiver or modification is necessary to make the dwelling units economically feasible based upon appropriate financial analysis and documentation. The application shall also demonstrate to the City that the development standards will have the effect of precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this section. The cost of reviewing any required pro forma submitted in support of a request for a waiver or modification, including but not limited to the cost to the City of hiring a consultant to review the pro forma, shall be borne by the applicant.
(e)
Land Donation Additional Requirements. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 9512.10(d) can be made.
(f)
Day Care Center Additional Requirements. If a density bonus or concession is requested for a day care center, the application shall show the location and square footage of the day care center and provide evidence that the findings included in Section 9512.12(b) can be made.
(g)
Development Impact Fees. Development impact fees (including but not limited to park fees, fire fees, sanitary sewer trunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impact fees) shall be deferred until the certificate of occupancy for the development project is issued.
§ 9512.24 REVIEW OF APPLICATION.
(a)
General Requirements. An application for a density bonus, incentive, or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be approved, approved with conditions, or denied pursuant to the findings required by this section. Any decision regarding a density bonus, incentive, or concession may be appealed to the Commission and from the Commission to the Council in accordance with the requirements of Section 9806 of Chapter 8. In accordance with State law, neither the granting of an incentive or concession nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Code amendment or rezone, variance, or other discretionary review application approval.
(b)
Findings. Before approving an application for a density bonus, incentive, or concession, the approval body shall make the following findings:
(1)
The application is eligible for a density bonus and any concessions or incentives, requested; conforms to all standards for affordability included in this section; and includes a financing mechanism for all implementation and monitoring costs.
(2)
Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section 9512.22, except those listed in Section 9512.20(c).
(3)
If the density bonus is based all or in part on donation of land, the approval body has made the findings included in Section 9512.10(d).
(4)
If the density bonus, incentive, or concession is based all or in part on the inclusion of a day care center, the approval body has made the finding included in Section 9512.12(b).
(c)
Findings for Denial of Incentive or Concession. If the required findings can be made, and a request for an incentive or concession is otherwise consistent with this section, the approval body may deny an incentive or concession only if it makes a written finding, based upon substantial evidence, of either of the following:
(1)
The incentive or concession is not required to provide for affordable rents or affordable ownership costs; or
(2)
The incentive or concession would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-, very low-and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete.
(d)
Finding for Denial of Bonus or Concession for Day Care Centers. If a density bonus or concession is based on the provision of day care centers, and if the required findings can be made, the approval body may deny the bonus or concession only if it finds, based on substantial evidence, that the City already has adequate day care centers.
(e)
Minor Modification of Density Bonus Housing Plan. A request for a minor modification of an approved Density Bonus Housing Plan may be granted by the City Manager or their designee if the modification is substantially in compliance with the original Density Bonus Housing Plan and conditions of approval. Other modifications to the Density Bonus Housing Plan shall be processed in the same manner as the original plan.
§ 9512.26 DENSITY BONUS HOUSING AGREEMENT.
(a)
Following the first approval of a residential development, the City shall prepare a Density Bonus Housing Agreement providing for implementation of the Density Bonus Housing Plan and conditions of approval and consistent with the provisions of this section and any density bonus program guidelines adopted by Council resolution.
(b)
Prior to the approval of any Final or Parcel Map or issuance of any building permit for a residential development subject to this section, the Density Bonus Housing Agreement shall be executed by the City and the applicant and the Density Bonus Housing Agreement shall be recorded against the entire residential development property to ensure that the Agreement will be enforceable upon any successor in interest. The Density Bonus Housing Agreement shall run with the land and bind future owners and successors in interest as required to ensure compliance with the provisions of this section.
§ 9514 DOMESTIC ANIMALS.
Domestic animals may be kept on any residential lot by a member of a family residing thereon or as otherwise permitted by this chapter as an incidental use in connection with the primary residential use thereof, provided that the number of domestic animals (i.e., dogs, cats, and other household pets) per residential dwelling unit does not exceed the following:
(a)
Three in any combination thereof for each dwelling unit in the R-1 or R-2 Zones;
(b)
Two in any combination thereof for each dwelling unit in the R-3, R-3-O, or M-U Zones.
Newborn and baby animals up to four months old shall not be counted in the maximum number of domestic animals per residential dwelling unit. |
(Amended by Ord. 1248, adopted 7-28-09)
§ 9514.02 CHICKENS, RABBITS, PIGEONS, AND THE LIKE.
(a)
Chickens, rabbits, pigeons, and the like shall not exceed five on a lot in any combination thereof, except that, up to a maximum of 100 Racing/Homing Sport Pigeons shall be permitted in R-1 Zones subject to a Conditional Use Permit approval as required by Section 9824 of the Municipal Code. Roosters are strictly prohibited.
(b)
The housing of pigeons is subject to the following standards:
(1)
Racing/Homing Sport Pigeons shall only be kept on properties zoned for R-1 (Single-Family Residential) uses.
(2)
The applicant shall provide the City with a detailed plan of the design of his/her pigeon loft which shows its location on the property prior to a loft being constructed/installed in the City.
(3)
No loft structures shall be closer than 10 feet to any separate accessory buildings.
(4)
Pigeons and the lofts where they are to be kept shall be kept to the rear of the main dwelling and be no less than 35 feet from any building involving a residential occupancy (including buildings on other properties) and at least 100 feet from any school or hospital or a similar institutional use.
(5)
Pigeon supplies shall be kept in the rear yard areas of properties where pigeons are allowed, in a City-approved accessory building, in closed containers.
(c)
The keeping of Racing/Homing Sport Pigeons is subject to the following standards:
(1)
Sport Pigeons shall be flown and/or exercised in such a way as to limit their impact on surrounding/nearby properties whenever possible. It shall be the responsibility of the individual keeping the allowed pigeons to ensure that the owners' pigeons do not adversely impact surrounding properties with their droppings, noise, etc.
(2)
A maximum of 50 Racing/Homing Sport Pigeons shall be released for exercising/training at any one time. The number of nonexercise/training pigeon releases allowed from the applicant's property shall be limited to a maximum of four Racing/Homing Sport Pigeon organization sponsored events in any 30 day time period.
(3)
The range of hours when exercising/training may occur shall be fixed by the required Conditional Use Permit and shall be limited to a time interval once in the morning and once in the afternoon.
(4)
Each Racing/Homing Sport Pigeon kept on a residential lot shall not be allowed out of its loft for exercise/training more than once in a 24 hour time period.
(5)
The owner of the subject pigeons shall not allow his pigeons to fly or leave the loft other than at those times when they are being exercised/trained or transported for a flight.
(6)
Feeding of pigeons shall be limited to those times which best limit the need for the subject pigeons' defecation during their flying times.
(7)
The applicant shall maintain all pigeons and their loft in a clean and healthy condition preventing the creation of any nuisances, or interference with the enjoyment of other properties as a result of the keeping of Racing/Homing Sport Pigeons. All associated facilities and equipment shall be cleaned daily or more frequently as needed.
§ 9514.04 GENERAL DOMESTIC ANIMAL REGULATIONS.
(a)
Animals, except for cats, dogs, and other household pets, shall be maintained in buildings, yards, paddocks, and the like located no closer than 50 feet from any surface of a building meant for human habitation, including buildings on other properties.
(b)
Animals shall not be kept or maintained for commercial purposes in any zone, except as may be specifically permitted by this chapter.
(c)
No person shall keep or maintain any live pig or hog of any age in any zone.
(d)
Horses shall not be permitted on a lot having an area less than 20,000 square feet and shall not exceed three on a lot.
§ 9516.02 INTENT AND PURPOSE.
The intent and purpose of this section is to protect persons and property from environmental nuisances and hazards by setting maximum limits on adverse and detrimental environmental effects caused by any activity or use of land and/or premises, including development activities.
§ 9516.04 APPLICABILITY.
The provisions of this section shall apply in every zone and to all uses and development of land within the City.
§ 9516.06 PERFORMANCE STANDARDS.
All activities, uses, and operations in every zone shall be conducted in accordance with the applicable statutes, laws, ordinances, rules, and regulations of all governmental pollution control agencies having jurisdiction.
(a)
Solid Waste Disposal. There shall not be dumped, placed, or allowed to remain in any property in any zone any refuse, trash, rubbish, or other waste materials outside a permanent building, except in noninflammable, covered, or enclosed containers so arranged and constructed that they will not be tipped or upended by winds of up to 30 miles per hour.
(c)
Storage and Distribution of Dangerous Materials The storage and distribution of dangerous materials shall conform to the standards of this article. In those instances where there are no applicable standards, the storage and distribution of such materials shall not be permitted until a Conditional Use Permit has been approved by the Commission.
(d)
Odors and Toxic Gases. Odors from gases or other odorous matter shall not be in such quantities as to be noticeable beyond the lot line of the use. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, vegetation, or other forms of property or which cause soiling beyond the lot lines of the use.
(e)
Vibration. Vibration from any machine, operation, or process which causes a displacement of three thousandth's (0.003) of an inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mountings shall be allowed which will reduce vibration below three-thousandths (0.003) of an inch as measured at the lot lines. See Section 9318 of this chapter.
(f)
Heat and Humidity. Heat, humidity, or other climatic influence from any source shall not be measurable beyond the lot lines of the use.
(g)
Glare. No operation, activity, or lighting fixture shall create illumination which exceeds 0.5 foot-candles at any point on the lot lines of the use.
(h)
Radioactivity and Electrical Disturbances.
(1)
Except with the prior approval of the Council as to specific uses, the use of radioactive materials within any zone shall be limited to measuring, gauging, and calibration devices, as tracer elements in X-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 by 10 to the 11thpower microcuries per milliliter of air at any moment of time.
(2)
Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency. Subject to such exception and the operation of domestic household equipment, all electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulse or wave which will adversely affect the operation and control of any other electrical or electronic devices and equipment.
§ 9518 FIREWORKS.
The sale of fireworks classified as "safe and sane" in the Health and Safety Code of the State may be permitted provided all applications conform to Chapter 3 of Article III of this Code, the applicable sections of the Health and Safety Code of the State, and Title 19 of the California Administrative Code.
§ 9520.02 INTENT AND PURPOSE.
The purpose of this section is to establish landscaping, lighting, and walls regulations that are intended to:
(a)
Create an atmosphere of orderly development and uniformly pleasant and attractive surroundings in the City to enhance, conserve, and stabilize property values;
(b)
Reduce the amount of heat, noise, and glare generated by development in the City;
(c)
Minimize water use and energy consumption;
(d)
Reduce the amount of urban storm water runoff generated by development in the City;
(e)
Preserve existing mature landscaping;
(f)
Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution; screening incompatible uses; preserving and enhancing the visual appearance of the City; and enhancing pedestrian, bicycle, and vehicular traffic safety.
§ 9520.04 LANDSCAPING REQUIREMENTS.
(a)
Requirements. Landscaping and required planting areas shall be installed in accordance with the standards and requirements of this section for all zones. All front and street side setbacks within all zones, excluding approved walkways and driveways, shall be landscaped.
(b)
Development Regulations.
(1)
Required planting areas shall be permanently maintained. As used in this section, "maintained" includes proper watering, pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement of plants and other landscape materials when necessary.
(2)
Existing mature landscaping shall be preserved to the maximum extent possible.
(4)
All landscaping and trees shall be approved and installed prior to the issuance of a certificate of occupancy.
(5)
Trees shall be planted in the parkway or in approved tree wells as required by the Department of Public Works. Property owners shall maintain trees and landscaping in parkways.
(6)
In the R-1 and R-2 zones, a minimum of one new 36-inch box tree or larger shall be planted within the front yard and a minimum of one new 36-inch box tree or larger shall also be planted within the rear yard.
(i)
Trees shall be of moderate to fast growth varieties.
(ii)
Within the front yard, trees shall reach a maturity height and canopy width greater than 40 feet.
(iii)
Within the rear yard, trees shall reach a maturity height greater than 40 feet and canopy width greater than 30 feet.
(iv)
Lots with a required side yard setback and/or street side yard setback equal to or greater than 10 feet shall provide one 24-inch box tree for every 20 linear feet of building façade for that side. Trees shall reach a maturity height greater than 20 feet and canopy width greater than 10 feet.
(v)
Tree selection shall be approved by the City Planner. Alternatives to this section may be deemed necessary, at the discretion of the City Planner, for irregular shaped parcels, for parcels in proximity to electrical poles, and for parcels with substandard widths and depths.
(7)
Except in the R-1 and R-2 zones, the size of trees, at time of planting, shall be as required in Table 9.5.4.
Table 9.5.4. Tree Size Requirements | |
|---|---|
Tree Size | Percentage of Total Requirement |
48 inch box | 10 |
36 inch box | 10 |
24 inch box | 15 |
15 gallon | 60 |
Other | 5 |
Total | 100 |
(c)
Landscaping Plan. A landscaping plan showing the location of all turf, plant materials, and irrigation systems shall be required for all uses that include landscaping projects. Landscaping plans for projects within the R-1, R-2, and R-3 Zones shall be reviewed by the City Planner. In lieu of City inspections, the installer shall sign a self-certification certificate. Landscaping projects for all other zones shall be approved by the Planning Commission during Site Plan Review. Plans submitted for the issuance of a building permit or a site plan may be used in lieu of a landscaping plan provided that compliance with all of the requirements of a landscaping plan is achieved to the satisfaction of the Commission during Site Plan Review. The Commission may reject such plans if they determine that they are not consistent with the purpose of this chapter. Landscaping plans shall demonstrate a recognizable pattern or theme for the overall development through conformance with the following:
(1)
Plant materials shall be selected for energy efficiency and drought tolerance and adaptability and relationship to the City's environment. A minimum of 75% of non-turf material shall be drought resistant. All drought tolerant plant materials shall comply with the list provided by the Planning Division.
(2)
Plant materials shall be sized and spaced to achieve immediate effect. Approved non-turf areas, such as shrub beds, shall be top-dressed with bark chip mulch mixed into the topsoil or other approved alternative. Dressing material shall be maintained within planter areas and shall not be allowed to migrate onto hard surfaces, such as sidewalks and parking lots.
(3)
Excluding the street setbacks, turf shall be limited to no more than 25% of the total landscaping area. No turf shall be permitted on slopes exceeding 10%.
(4)
All plantings other than trees shall provide a screen of not less than one and one-half feet to three feet at full growth, shall not be thorny or spiked, and shall not project over the sidewalk.
(d)
Irrigation. All planting beds and landscape areas shall be provided with a permanent watering system consistent with the following:
(1)
Turf. Sprinklers shall be installed with a separate irrigation valve from irrigation valves used for other vegetation.
(2)
Sprinklers. All new automatic irrigation systems shall have sprinkler heads with application rates that do not exceed the infiltration rate of the soil. Such systems shall be installed with dual or multiple program controllers that permit cycles of five to 10 minutes per hour. Landscaping requiring intensive watering shall be watered by hand or drip irrigation.
(e)
Parking Lot Landscaping. Except for the R-1 and R-2 zones, all parking lot landscaping shall comply with the following:
(1)
All off-street parking areas of five or more spaces shall be landscaped. All parking areas of five to 20 spaces shall contain a minimum interior landscaped area of five percent of the total parking area, exclusive of landscaping within a front or side setback. All parking areas of more than 20 spaces shall contain a minimum interior landscaped area of 10% of the total parking area, exclusive of landscaping within a front or side setback.
(2)
Required landscaping shall be evenly distributed throughout the parking area and planted sufficiently to achieve complete coverage within one year of the initial planting. Islands at the ends of parking lanes shall be provided to help achieve "orchard" parking lot landscaping.
Required landscaped areas shall be bounded by masonry or concrete curb, except no curb shall be required when abutting a street property line. Required curbs shall have a minimum width of four inches and a height of six inches.
(3)
Where parking lots, parking structures, or other parking areas abut other properties, the following standards shall apply:
(i)
Where a vehicular parking or driveway area in a nonresidential zone abuts property in a residential zone or a school, a minimum 10-foot wide landscape strip shall be provided along the property line which is adjacent to the residential zone or school. This landscape area shall be maintained with trees or shrubs not less than six feet in height at the time of planting, and not less than 15 feet in height at maturity.
(ii)
Where a parking lot or parking structure abuts any other property line, a minimum five foot wide landscape strip is required.
(4)
Interior parking lot landscaped areas shall have a minimum dimension of five feet, exclusive of curbs and shall be so located as to interrupt parking rows.
(5)
The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or similar means. Additionally, a minimum of one landscape island shall be provided between every 10 parking spaces (Figure 9.5.3) with irrigated understory and curbs. The islands shall have a minimum width of five feet exclusive of curbs.
 Figure 9.5.3. Trees within Parking Lot Landscape Islands |
(6)
Landscaping shall be provided on the upper levels of parking structures, where feasible, when these structures are visible from public streets, pedestrian pathways, or adjacent buildings.
(7)
Landscaping planters shall be used to control access to parking lots, to make traffic diverters prominent, to direct the flow of traffic within the lot, and to enhance the safety of parking lots by guiding the circulation of vehicles and people.
(8)
Two feet at the end of landscape islands shall be left unplanted when adjacent to drive aisles and driveways to prevent plant materials from being run over by vehicles. The use of cobbles, patterned concrete, or brick pavers shall generally be installed in these end areas.
(9)
In the M-1 and M-2 Zones, landscaping shall not be required for areas of a site that are not visible (as determined by the City Planner) from a street or other public area, and which are not a public parking area. In such areas the landscaping requirements above may be waived at the discretion of the City Planner.
(f)
Intersection Visibility. All landscaping material shall be maintained in accordance with the intersection visibility requirements of Section 9534.16. See Figure 9.5.4.
 Figure 9.5.4. Intersection Visibility |
(g)
Alternatives. The City Planner may allow alternative means of complying with the requirements of this section provided the alternative achieves results comparable to those achieved through strict application of the provisions of this section.
(h)
Landscaping Design Standards.
(1)
Landscaping and open spaces shall be designed as an integral part of the overall site plan design. Landscaping and open spaces shall enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening.
(2)
Landscape design shall accent the overall design theme through the use of structures such as arbors and trellises that are appropriate to the particular architectural style of adjacent structures.
(4)
Planting Design Concepts. The following are common planting design concepts that shall be used whenever feasible:
(i)
Specimen trees used in informal grouping and rows at major focal points;
(ii)
Extensive use of flowering vines both on walls and arbors;
(iii)
Pots, vases, wall or raised planters;
(iv)
The use of planting to create shadow and patterns against walls;
(v)
Large broadleaf deciduous trees to create canopy and shade in the summer and sun in the winter, particularly in parking areas;
(vi)
The use of flowering trees in informal groups to provide color;
(vii)
Informal massing of colorful plantings;
(viii)
Use of distinctive plants as focal points; and
(ix)
Plantings and low walls to screen parking areas from view of public rights-of-way while allowing filtered views of larger buildings beyond.
(5)
Planting areas between walls and streets shall be landscaped with a hierarchy of plants in natural formations and groupings. Solid walls over 42 inches high shall receive vines or hedge when facing public streets.
(6)
A colorful landscape edge should be established at the base of buildings. Avoid asphalt edges at the base of structures as much as possible. Plant materials located in containers are appropriate.
(7)
Planting masses on-site should assume a simple, nonuniform arrangement. The diversity of massing types should be great enough to provide interest, but kept to a level that evokes a relaxed natural feeling.
(8)
Where landscaped screening may be substituted for a required wall between zones or uses, such screening shall consist of evergreen trees and shrubs, closely spaced and maintained at a height equal to the height of the required wall. When not otherwise specified, screening shall consist of trees and shrubs which shall not be less than six feet in height upon planting and which shall be maintained at a height of from 15 feet to 20 feet at maturity.
(9)
Landscape planters shall be designed to retain water on-site within the planter area.
(10)
Artwork, benches, and other structural features may be included within landscaping areas in residential zones if approved as part of a site plan (where required). Decorative water features shall use recirculating water.
(i)
Installation and Maintenance.
(1)
Trees shall be adequate in trunk diameter to support the top area of the tree. Trees, shrubs, and vines should have body and fullness that is typical of the species.
(2)
All ground cover shall be healthy, densely foliated, and well-rooted cuttings, or one gallon container plants.
(3)
The spacing of trees and shrubs shall be appropriate to the species used. The plant materials shall be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing shall also ensure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles.
(4)
Plant material shall conform to the following spacing standards:
(i)
A minimum of 30 feet from the property corner at a street intersection to the center of the first tree or large shrub;
(ii)
A minimum of 15 feet between center of trees and 10 feet between large shrubs to light standards;
(iii)
A minimum of 10 feet between center of trees or large shrubs and fire hydrants;
(iv)
A minimum of 15 feet from the intersection of a driveway (for commercial, mixed use, or public/semipublic and industrial uses) with a street right-of-way to the center of any tree having a diameter larger than 18 inches at maturity or large shrub and a minimum of 10 feet for residential uses.
(5)
Trees and shrubs should be planted as shown in Figures 9.5.5 and 9.5.6.
 Figure 9.5.5. Tree Planting |
 Figure 9.5.6. Shrub Planting |
(6)
The use of turf shall be minimized or substituted altogether with groundcovers. Turf should generally be excluded from median or sidewalk strips and similar areas that are difficult to irrigate. Low-water-using grass varieties are encouraged.
(7)
Water efficient irrigation systems, such as drip, low output sprinkler heads, zonal systems and automatic timers, shall be provided. Planting shall be according to water needs, and the irrigation system matched to these needs.
(8)
Plant varieties shall predominately be low water consuming, suited to the local soil and climate and grouped according to their water requirements.
(9)
Mulches shall be used generously and reapplied as part of a regular maintenance program to reduce evaporation, soil compaction and weeds.
(j)
Synthetic Turf Standards.
(1)
Synthetic turf may be used in lieu of natural turf in front, side and rear yards, and on parkway areas for up to 100% coverage or in combination with groundcover, shrubs, vines, flowers, or trees, for properties in any land use zone.
(2)
General Appearance. Synthetic turf shall be installed and maintained to effectively simulate the natural appearance of a well-maintained lawn. Synthetic turf shall incorporate thatch fibers in light brown or tan colors. The Planning Department shall maintain and make available for public inspection a sample of various synthetic turf products that meet this standard of appearance.
(3)
Synthetic turf shall be separated from planter areas by a concrete mow strip, bender board, or other barrier with a minimum three-eighths-inch thickness, to prevent the intrusion of living plant material into the synthetic turf areas.
(4)
Materials. Synthetic turf shall be of a type known as cut pile infill and shall be manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched permeable backing. Backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. The synthetic turf shall have a minimum eight year "No Fade" warranty. Synthetic turf must consist of pile fibers a minimum height of one and three-fourths-inch, a face weight of not less than 65 ounces and have a lead content of less than one part per 1,000,000.
(5)
Synthetic turf installations shall comply with the standards and regulations contained in this Code and the synthetic turf manufacturer's specifications and installation instructions.
(6)
Installation. Synthetic turf shall be installed over a compacted and porous road base material and shall be anchored at all edges and seams. This installation process shall consist of the following process:
(i)
Existing grass or weeds shall be removed;
(ii)
Excavate soil to a depth of at least two inches (2″);
(iii)
Install a border (a concrete mow strip, bender board, or other barrier with a minimum three-eighths-inch thickness) along the perimeter of the synthetic turf area to prevent the intrusion of living plant material into the synthetic turf area;
(iv)
Cap any existing irrigation lines;
(v)
Add one-quarter-inch self-compacting gravel as the base material, about one-quarter inch above the project area border and higher in the middle of the project area;
(vi)
Rake and compact the base material;
(vii)
Add a weed mat over the compacted base material;
(viii)
Install the synthetic turf over the compacted base material and anchor the synthetic turf at all edges and seams. Seams shall be glued and not sewn; and
(ix)
An infill medium consisting of silica sand, acrylic coated sand, or other environmentally safe infill product designed specifically for artificial turf, shall be brushed into the fibers to insure that the fibers remain in an upright position and to provide ballast that will help hold the turf in place and provide a cushioning effect.
(7)
Prohibited Uses. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. The use of crumb rubber as an in-fill material is prohibited.
(8)
Maintenance. A regular schedule of maintaining the synthetic turf shall include surface cleaning, debris removal, grooming, and infill redistribution and de-compaction. Periodic brushing or grooming of the synthetic turf surface by a static (non-rotary) double brush shall conform to the written maintenance guidelines provided by the installation company. The periodic use of a vacuum, sweeper or blower shall be applied to keep the synthetic surface clean, in conformance with the suggested maintenance guidelines provided by the synthetic installation manufacturer.
(Amended by Ord. 15-1347, adopted 11-24-15; Ord. 21-1462, adopted 5-25-21)
§ 9520.06 OUTDOOR LIGHTING.
The following standards shall be required:
(a)
In all zones, except the R-1 and R-2 Zones, outdoor lighting shall be provided and maintained for all walkways, off-street parking areas and driveways, storage or solid waste areas, or other areas commonly accessible or used by tenants so as to provide adequate illumination for use and safety.
(b)
In the Commercial and Industrial Zones, parking lot lighting shall be provided for all guest parking areas. This light shall be low level lighting designed to light parking lot areas and walkways. It shall be designed to eliminate spillover to the street and adjoining properties.
(c)
In all zones, outdoor lighting shall be directed, positioned, and/or shielded as not to direct light on any street or abutting property as shown in Figure 9.5.7.
 Figure 9.5.7. Arranging Outdoor Lighting Away from Abutting Property |
(d)
In the R-1, R-2, R-3, and R-3-O Zones, no outside lighting shall exceed eight feet in height, except building lights, i.e., porch lights or the equivalent. In any case, no light fixture shall exceed a maximum lighting output of 300 watts.
(e)
The type and location of lighting standards and the intensity of lighting shall be approved by the City Planner. The fixtures shall be decorative.
(f)
All lighting shall be adequately shielded as shown in Figures 9.5.8 and 9.5.9. Exposed bulbs shall not be permitted.
 Figure 9.5.8. Shielded Freestanding Outdoor Lighting |
 Figure 9.5.9. Shielded Outdoor Wall Lighting |
(g)
When parking and driveway areas in the R-3, R-3-O, H-M, M-U, and all Commercial and all Manufacturing Zones abut the R-1 or R-2 Zones, low-level lighting not extending above the height of the required wall shall be required within 46 feet of the R-1 or R-2 property. Lighting within remaining parking areas shall conform to the variable height restrictions. See Section 9536.24 of this chapter.
(h)
Where lighting is attached to a fence or wall, such lighting shall not extend more than six inches above the top of said fence or wall. Lighting attached to a wall or fence shall never exceed the wall or fence height requirement of the underlying zone.
(i)
In all zones, except Residential Zones, no lighting over five feet in height shall be permitted within 20 feet of the public right-of-way, except new and used auto dealers shall be permitted lighting up to 12 feet in height provided the lights are not within five feet of the public right-of-way and are spaced at minimum intervals of 30 feet.
(j)
All drive-in businesses shall comply with the provisions of this section.
(k)
The following are exempt from the provisions of this chapter:
(1)
Traffic control signals and devices;
(2)
Lights that are located within the public right-of-way, subject to the approval of the Director of Public Works;
(3)
Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights;
(4)
Moving vehicle lights;
(5)
Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other lights where state or Federal statute or other provision of the Municipal Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or Federal statute;
(6)
Seasonal decorations do not have to be shielded, provided that they do not have brightness of more than 0.1 foot-candle at the property line on which they are installed;
(7)
Outdoor lighting approved by the director for temporary or periodic events (e.g., fairs, nighttime construction);
(8)
Internally and externally illuminated signs regulated by Chapter 6.
§ 9520.08 GENERAL WALL, FENCE, AND HEDGE REGULATIONS.
(a)
In the event the boundaries of any lot in one zone abut a lot differently zoned so as to permit or require a higher wall, fence, or hedge, the greater of the wall, fence, or hedge height provisions shall apply to the adjoining portions of both such lots, except as otherwise provided by this section.
(b)
When certain zones may require additional or more restrictive wall standards, those standards shall be required in addition to those standards set forth in this section.
(c)
Prohibited Walls and Fences.
(1)
No barbed wire, razor or electrified fencing, or similar fencing is permitted in any zone, except that barbed wire may be used on a limited basis for security or safety purposes in the M-1 and M-2 Zones if not visible from any public right-of-way, subject to the approval of Site Plan Review.
(2)
Chain-link fencing shall be prohibited in any front or street side yard or in any required landscape planter in a Residential, Commercial or Mixed-Use Zone.
(d)
Approved materials, or combination of materials, for walls and fences include, but are not limited to, wood, metal, vinyl, stone, masonry, stucco, and concrete. Metal is limited to wrought iron or similar type materials. Any materials not listed in this subsection may be approved subject to the discretion of the City Planner.
(e)
No structure, wall, fence, or hedge shall interfere with the intersection visibility as set forth in Section 9520.08(l)(1).
(f)
The provisions of this section shall not apply to a wall, fence or hedge required by law for public safety.
(g)
Where two walls or fences, or one wall and one fence are provided along each property line separating two adjacent properties, there shall be no gap between said walls and/or fences.
(h)
Where the face of any walls or fence faces the public right-of-way, the use of anti-graffiti paint or coating is required.
(i)
Height Measurement. The maximum height of a wall, fence, or hedge shall be measured from the existing or finished grade (as applicable), except within the front or street side yard, the maximum height of a wall, fence, or hedge shall be measured from the top of the nearest street curb elevation. When there is a difference in the ground level between two adjoining lots, the height of any wall or fence constructed along any interior side or rear property line shall be determined by measuring from the lot with the higher finished grade directly abutting the wall, fence, or hedge.
(j)
Retaining Walls. The height of all retaining walls shall be extended to provide guard rails, as required by the Building Code. The material used for said guard rail shall be approved by the City Planner.
(k)
Masonry Walls. Where a masonry wall is required by this chapter between two properties within different zoning districts, the following provision shall apply:
Existing masonry walls that meet the minimum required height shall be considered sufficient to fulfill the requirements of this chapter, and no additional wall shall be required unless and until such time as the said existing wall is removed. At such time that said wall is removed; then the person whose zone requires a wall shall construct a new masonry wall to meet the requirements of this chapter.
(l)
Wall, Fence and Hedge Regulations by Zone.
(1)
In all residential zones, walls, fences and hedges shall not exceed a height of:
(i)
42 inches in the front and street side setback area, except within the corner cutback (see Figure 9.5.10, Street Side Lot) where the maximum height is 30 inches. In addition, on a street side yard, walls or fences not exceeding seven feet in height may be constructed not less than three feet from the side street property line nor closer than 35 feet to the front property line. Walls or fences exceeding 42 inches in height shall have five-foot triangular setbacks abutting driveways and alleys within the required setback area (Figure 9.5.10); and
 Figure 9.5.10. Wall, Fence, and Hedge Height Restrictions |
(ii)
Seven feet on interior side and rear property lines when not located in the required front or street setback. See Figure 9.5.10.
(iii)
Properties in the R-3 and R-3-O Zones, when abutting an R-1 or R-2 zoned property, shall construct a decorative masonry wall not less than five and one-half feet or more than seven feet in height above the finished grade along the common property line, unless the height of the wall would exceed the maximum height allowed elsewhere in the section. In such a case, the masonry wall shall be constructed to the maximum allowed under the stricter standard.
(4)
Public and Open Space Zones. The maximum height of walls, fences, and hedges in required yards shall be determined at the time of the approval of the Site Plan Review or Conditional Use Permit (as required by the applicable zoning zone) for the principal use where the wall, fence, or hedge is proposed to be located. If no such approval is required under the applicable zone or if the principal use is existing and no use, building, or site modifications are proposed for the site other than the installation of a wall, fence, or hedge, the City Planner shall make the determination of the maximum wall, fence, or hedge height permitted for the site based on site conditions, use of the site, and surrounding uses and zones.
(5)
In All Nonresidential Zones.
(i)
When any portion of a lot abuts a more restrictively zoned property, there shall be constructed a solid decorative masonry wall not less than five and one-half feet nor more than six feet in height above the finished grade and shall not be less than four feet in height above the surface of the abutting lot. No wall or fence exceeding 42 inches in height shall be constructed abutting front or street side setback areas of abutting properties.
(ii)
In any commercial or industrial zone, any portion of a wall or fence that is more than six feet above the mean ground level shall be so designed that it does not obstruct more than 10% visibility through any portion thereof.
(Amended by Ord. 1248, adopted 7-28-09; Ord. 21-1462, adopted 5-25-21)
§ 9522.02 INTENT AND PURPOSE.
The intent and purpose of this section is to ensure that there is adequate space between buildings on a lot and on opposite sides of a street to provide for light, air, open space, safe and convenient movement of traffic, and access of emergency facilities and to deter the spread of conflagration.
The provisions of this section are for the purpose of ensuring the providing of such space and uniform building setbacks while allowing the equitable development of property in the City.
§ 9522.04 LOT STANDARDS.
(a)
Undersized Lots. Unimproved property having a width, depth, or area less than that required by this chapter may be occupied by a use permitted in the zone applicable under this chapter subject to all other requirements if such lot was held under separate ownership or was of record on April 8, 1957.
(b)
Lot Divisions. A person shall not divide any lot, or any portion thereof, unless such division is accomplished in conformance with the City's subdivision regulations.
(c)
Lot Fill. In all zones the maximum height of fill shall not exceed two feet above the finished grade of the curb line.
(d)
Multiple Zoned Lots. Where a lot is developed to a residential use and is zoned in more than one classification, one of which is residential, the entire parcel shall be considered as residentially zoned property when land abutting the property is being developed.
(e)
Lot Area Reduced by Public Use. If the area of a lot is reduced to less than the required lot area for the zone in which it is located by reason of a portion thereof being acquired for public use in any manner, including dedication, condemnation, or purchase, the portion remaining, if not less than 80% of the area required, shall be considered as having the required area.
(f)
Lot Width Reduced by Public Use. If the frontage of a lot is reduced to less than the required width by reason of a portion being acquired for public use in any manner, including dedication, condemnation, or purchase, the portion remaining, if not less than 40 feet, shall be considered as having the required width.
§ 9522.06 UNDERWIDTH STREETS.
A building or structure shall not be erected in the ultimate right-of-way, regardless of whether or not the entire right-of-way has been dedicated to the City.
A building or structure shall be set back from the center line of a street a distance equal to the aggregate distance of the depth of the required front setback yard and one-half (½) of the required width of such street. Under no circumstances shall the distance required by this section result in a lot having a buildable width or depth of less than 40 feet. Any person affected by the requirements of this section may appeal in writing to the Commission from the decision of the City Engineer.
§ 9522.08 STREET RIGHT-OF-WAY DEDICATION.
As part of Site Plan Review, the Commission may require the dedication to the public, to the City or to such other public agency as may be appropriate of real property or interest thereon both on or off-site required for public use or benefit, including, but not limited to the following:
(a)
Local streets, arterial highways, and transportation corridors;
(b)
Alley;
(c)
Trails, paths, and pedestrian ways;
(d)
Other street right-of-way dedications for landscaping maintenance easements, public utility easements, public transit easements, and other public easements, as determined by the Commission.
§ 9524 PUBLIC ADDRESS SYSTEMS.
There shall be no announcing system, loudspeaker, or music audible at the property line of any business that exceeds the ambient noise level of an adjoining property or street. See Chapter 6 of Article IV of this Code.
§ 9526 PUBLIC UTILITIES.
Public utilities shall be permitted as authorized by law and other ordinances of the City in any zone, including the erection, construction, alteration, or maintenance by public utilities of underground gas, electrical, steam, or other transmission or distribution systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment, and accessories in connection therewith, but not including buildings, electric or gas transmission and distribution substations, or telephone exchanges, except in the zone in which such uses are specifically permitted by this chapter, unless a Conditional Use Permit has first been obtained as provided by Section 9824. Property in any zone not including such use as a permitted use may be used while such Conditional Use Permit is in full force and effect and in conformity with the conditions of such permit for buildings, electric or gas transmission and distribution substations, or telephone exchanges.
§ 9528 SOLID WASTE.
Enclosed solid waste storage collection areas shall be conveniently located and shall be an integral part of the architectural development of a property.
§ 9528.02 INTENT AND PURPOSE.
The intent and purpose of this section is to ensure the provision of adequate locations compatible with surrounding land uses, for the collection, storage, and loading of solid waste and to regulate the location of trash containers and enclosures in order to provide adequate, convenient space for the collection, storage, and loading of solid waste at multifamily residential, commercial, and manufacturing sites.
§ 9528.04 DEVELOPMENT REGULATIONS.
(a)
Materials, Construction, Design, and Location.
(1)
The walls of each solid waste enclosure shall be constructed of concrete block or other solid masonry material with an exterior surface finish compatible with the main structure(s).
(2)
Each solid waste enclosure shall have a solid gate capable of screening the contents of the enclosure.
(3)
The walls of each solid waste enclosure shall be a minimum of five feet in height.
(4)
Each solid waste enclosure should be designed to allow walk-in pedestrian access without having to open the main enclosure gate. An example of walk-in pedestrian access is demonstrated in Figure 9.5.11.
 Figure 9.5.11. Solid Waste Enclosure |
(5)
The property owner shall supply and maintain adequate bins and containers for waste disposal.
(6)
Solid waste enclosure dimensions shall be in conformance with the City's solid waste contractor's requirements.
(7)
Solid waste enclosures shall be architecturally compatible with the main building.
(8)
All trash enclosures constructed after the date of the adoption of this article shall comply with the standards set by the Director of Public Works to address runoff water quality and pollutant source reduction.
(b)
Instructional signs shall be conspicuously posted on each trash enclosure giving instructions on the use of the bins and containers.
(c)
A two foot perimeter surrounding each recycling and solid waste enclosure, exclusive of access to the enclosure, shall be planted with landscaping.
(d)
No solid waste enclosure shall be located in any front or corner side yard.
(e)
No recycling or solid waste enclosures (including access doors, when open) shall be located in any required parking space.
§ 9530.02 INTENT AND PURPOSE.
It is the intent and purpose of this section to:
(a)
Encourage reduction in trips made by single-occupancy vehicles by fostering development that encourages an increase in the amount of trips made by alternative transportation modes including but not limited to public transportation, carpooling and vanpooling, bicycling, and walking.
(b)
Comply with the requirements of the Congestion Management Program (CMP) of Los Angeles County, authorized by Proposition 111 and State legislation, as well as requirements of Federal and state air quality regulations while maintaining maximum local control, flexibility, and autonomy regarding local land use decisions and the implementation of programs that meet these goals.
(c)
Improve the mobility of City residents and workers as well as air quality in the South Coast Air Basin.
(d)
Achieve the City's proportional share of regional vehicle trip reduction while maintaining an atmosphere within the City that supports job retention and commercial growth.
§ 9530.04 REVIEW OF TRANSIT IMPACTS.
(a)
Prior to the approval of any development project for which a Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR) is required pursuant to the California Environmental Quality Act (CEQA), or at the City's discretion, the project proponent(s) shall identify and consult with the regional and municipal fixed-route transit operators providing service to the project area.
(b)
The MND or EIR for projects described in Section 9530.04(A) shall include an analysis of transit impacts as required by the Los Angeles County CMP Manual. Pursuant to the CMP, each affected transit operator shall be sent a copy of the Notice of Preparation (NOP) for all EIRs and shall be given opportunity to do the following:
(1)
Comment on the transit impacts of the project;
(2)
Identify recommended transit service or capital improvements that may be required as a result of the project; and
(3)
Recommend mitigation measures that minimize automobile trips on the CMP network.
Impacts and recommended mitigation measures identified by the transit operator within the NOP review and comment period shall be evaluated in the Draft MND or Draft EIR prepared for the project. The mitigation monitoring requirements of CEQA shall apply to adopted mitigation measures.
(c)
Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals and environmental review for which an EIR has been certified need not repeat this process provided that the project has not undergone substantial changes since certification of the EIR. The determination as to whether a project is substantially the same and therefore covered by a previously certified EIR is subject to the discretion of the lead agency under CEQA.
§ 9530.06 TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES.
(a)
Requirements. Prior to approval of any development project, the applicant shall, at a minimum, make provision for all of the applicable transportation demand management and trip reduction measures listed under Section 9430.06(B). This section shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which an NOP of a Draft EIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this section. All facilities and improvements constructed or otherwise required by this section shall be maintained in a state of good repair.
(b)
Development Standards.
(1)
Nonresidential development greater than 25,000 square feet but less than 50,000 square feet shall provide the following to the satisfaction of the City:
(i)
A bulletin board, display case, or kiosk displaying transportation information in a location that is likely to be seen by the greatest number of on-site employees. The displayed transportation information shall include, but is not limited to, the following:
(A)
Current maps and schedules for public transit routes serving the site;
(B)
Telephone numbers for referrals on transportation information, including numbers of the regional ridesharing agency and local transit operators;
(C)
Ridesharing promotional material supplied by commuter-oriented organizations;
(D)
Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
(E)
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians at the site.
(2)
Nonresidential development greater than or equal to 50,000 square feet but less than 100,000 square feet shall comply with Section 9530.06(b)(1) in addition to providing all of the following measures to the satisfaction of the City:
(i)
Not less than 10% of employee parking area shall be located as close as is practical to the employee entrance(s) and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified upon the Site Plan Review. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces shall be included on the required transportation information board required by Section 9530.06(b)(1)(A). Spaces will be signed/striped for carpool/vanpools as demand warrants provided that:
(ii)
Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided.
(iii)
Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations of required bicycle parking facilities that result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle. Such facilities protect bikes from inclement weather and theft.
(3)
Nonresidential development greater than or equal to 100,000 square feet shall comply with Section 9530.06(b)(1) and 9530.06(b)(2) above in addition to providing all of the following measures to the satisfaction of the City:
(i)
A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
(ii)
Sidewalks, or other designated pedestrian pathways following direct and safe routes from an off-site pedestrian circulation system to each building within the development.
(iii)
Bus stop improvements when determined necessary by the City to mitigate the project's traffic impacts. The City shall consult with the local bus service provider(s) or other applicable transit service provider in determining the bus stop improvements that would adequately mitigate the project's impacts. When bus stop improvements are required by this section, primary building entrances shall be located and designed to provide safe and efficient access to such nearby stops.
(iv)
Safe and convenient access from the external circulation system to on-site bicycle parking facilities, including safe and convenient access to off-site Class I and Class II bicycle facilities.
§ 9530.08 MONITORING AND ENFORCEMENT.
Monitoring and enforcement of the provisions of this section shall comply with the provisions of Chapter 2. A certificate of occupancy shall not be issued prior to the determination of the City Planner that the provisions of this section have been satisfied.
§ 9532 USE OF TRAILERS.
Except as set forth in Chapter 3 dealing with permitted accessory uses for the R-1, R-3, M-1 and M-2 Zones, no trailer shall be permitted for any use in any zone, except as follows:
(a)
Temporary Offices. In the M-1 and M-2 Zones, a nonresidential trailer as defined below in Section 9432(b)(1) may be used as a temporary office for a period not exceeding one year. Such a temporary office shall only be used by employees of the business or use occupying the property and closed to the general public.
A nonresidential trailer shall include any trailer coach designed for human use, occupation, or habitation, other than that for residential purposes. Any such trailer shall be installed in compliance with the requirements of this article.
(b)
Other Uses.
(1)
Trailers may be used as construction offices during the period of construction activities when located on the same lot as such construction activities.
(2)
Trailers may be used as mobile classrooms when located on the same premises as an established business. Such trailers shall not be so located for more than one week in any six month period of time.
(3)
Trailers may be used for the dispensing of food items on any property owned by a public entity in conjunction with nonprofit youth recreational activities.
(4)
Within the H-M Zone, trailers may be used for temporary medical uses in conjunction with a hospital or medical office.
§ 9534.02 INTENT AND PURPOSE.
The intent and purpose of this section is to ensure that property in the various zones of the City is developed in a uniform and orderly manner to promote the public health, safety, comfort, convenience, and general welfare. The following development standards shall be required in addition to the property development standards set forth for each zone in Chapter 3.
§ 9534.04 RESPONSIBILITY FOR MEASUREMENTS.
In measuring lot dimensions and other requirements set forth in this chapter, the property owner or his authorized agent shall be responsible for providing accurate dimensions and calculations. The submission of inaccurate dimensions or calculations which result in a lot or structure not complying with the requirements set forth in this chapter shall constitute a violation of this chapter, and any permit or approval granted hereunder shall be void.
§ 9534.06 YARD REQUIREMENTS FOR OPEN AND PUBLIC USES.
(a)
Where a lot is to be occupied for a permitted use that does not involve buildings or structures, the permitted use shall comply with the front, rear, and side setbacks required by this article. Lots used for garden purposes or public playgrounds are exempt from required side and rear setbacks.
(b)
Buildings erected, structurally altered, or used for a permitted public use such as a park, school, or institution within a residential zone shall be set back from any lot line(s) abutting a residential zone by a minimum of 50 feet.
§ 9534.08 INTERIOR SIDE YARDS AND ACCESSORY BUILDINGS AND USES.
In any residential zone, accessory buildings or uses shall not be erected or maintained closer to an interior side lot line than the permitted side yard distance required for the main building, unless such accessory building or use is located completely to the rear of the main building. Notwithstanding any other provision of this section, accessory buildings and uses shall be set back a minimum of 50 feet from a public street.
§ 9534.10 REAR YARDS ABUTTING STREETS.
Where the rear yard on a street side lot abuts a public street, the side setback requirement shall apply to the portion of the rear yard that abuts a public street, while the rear setback requirement shall apply to any portion of the rear yard that does not abut a public street. Also see the yard requirements of Section 9312.08.
§ 9534.12 ALLOCATION OF REQUIRED SETBACKS OR OPEN SPACE.
The required setback or other open space around an existing building, or any building erected after adoption of this article, shall never be considered as providing a setback or other open space for an adjoining lot or building site.
§ 9534.14 PROJECTIONS INTO SETBACK AREAS.
Setbacks required by this article shall be open and unobstructed from the ground to the sky except as provided elsewhere in this chapter and as follows:
(a)
Eaves may extend 18 inches into a required setback in any zone.
(b)
Architectural features, excluding chimneys, may extend six inches into a required setback in any zone.
(c)
Within the R-1 Zone, uncovered steps and landings may extend:
(d)
In all other zones, uncovered steps and landings, six inches or less above finished grade, may extend 12 inches into a required setback in any zone.
(e)
Covered and uncovered second floor balconies, decks, and similar features are not allowed within the second floor setback areas.
(Amended by Ord. 21-1462, adopted 5-25-21)
§ 9534.16 INTERSECTION VISIBILITY AND CORNER CUTBACKS.
(a)
In all zones subject to setback requirements at the intersection of any public or private streets, all lots shall maintain for safety vision purposes a triangular area formed by the lot lines adjoining the intersecting streets for a distance of 25 feet from such intersection and a line connecting the ends of such lot lines, and within the area comprising such triangle nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision (Figure 9.5.12). Also see Chapter 8 of Article IV of this Code.
 Figure 9.5.12. Intersection Visibility |
(b)
In the corner cutback area of corner lots, mature landscaping without pruning, walls, fences, and other obstructions may not exceed 30 inches in height. The height of walls, fences, and landscaping as permitted shall be measured from the top of the existing curb grade or crown of the abutting road.
(c)
The following are exempt from the requirements of this section:
(1)
Permanent buildings legally existing on or before January 12, 1978;
(2)
Supporting members or appurtenances to permanent buildings legally existing on or before January 12, 1978;
(3)
Utility poles;
(4)
Trees trimmed at the trunk line a minimum eight feet as measured from the intersection grade; and
(5)
Official warning signs and signals.
§ 9534.18 PREVAILING SETBACKS.
Where an existing development, structure, or use has an established front or street side setback greater than the setback required by this chapter, as identified on the map of prevailing setbacks, as adopted by the Commission, the larger setback shall be required in accordance with the definition of prevailing setbacks. Maintaining the prevailing setback will protect the visual character of the street (Figures 9.5.13 and 9.5.14). The prevailing setback cannot be less than the minimum required setback for the zone.
 Figure 9.5.13. Prevailing Setbacks |
 Figure 9.5.14. Prevailing Setbacks |
§ 9534.20 MODIFICATION OF REQUIRED SETBACKS.
(a)
The Commission, pursuant to Section 9826, may grant modifications to the rear setback regulations requiring greater than 10-foot rear setbacks on lots having irregular lot lines, or restricted depth, or where other conditions create an unnecessary hardship and make it difficult to require compliance with the rear setback regulations, but in no event shall the rear setback be less than 10 feet. In no event shall the modifications exceed one-half of the width of the lot.
(b)
In the R-1 and R-2 Zones, zero setbacks may be permitted as a part of a development for new subdivisions on one interior side setback provided the opposite side setback is not less than 10 feet, and there is not less than 10 feet between the zero line and any adjacent building or structure, excluding the wall.
(c)
The City Planner may authorize modification to the first story side setback area to permit the extension of existing building lines for additions or minor building modifications for alignment purposes, except that no modification shall reduce the required setback closer than three feet to a property line. In accordance with the provisions of Section 9814.
(Amended by Ord. 21-1462, adopted 5-25-21)
§ 9534.22 DETACHED ACCESSORY BUILDINGS IN SETBACK AREAS.
Detached accessory buildings shall be permitted in the required interior side and rear setback areas, subject to the following provisions:
(a)
No detached accessory building shall be within five feet of the front one-half (½) of an adjacent lot. For the purposes of this regulation, a depth of not more than 50 feet shall be deemed to be such front one-half (½) of such abutting lot.
(b)
In the case of a street side lot, no accessory building shall be located in the required street side setback area.
(c)
Attached or detached garages taking access from a side street or alley shall maintain a setback of at least 20 feet from the street property line or 26 feet from the opposite side of the alley.
(e)
No detached accessory building shall be nearer than 10 feet to any other building on the same lot, except detached garages may be permitted within five feet of the main building.
(Amended by Ord. 21-1462, adopted 5-25-21)
§ 9534.24 VARIABLE HEIGHT.
In addition to the specific requirement set forth for each zone, the following shall apply, and when requirements are in conflict with other sections, the most restrictive requirements shall be applied:
(a)
The R-3 and R-3-O Zones and all commercial and manufacturing zones shall have a variable height limitation established when abutting R-1 and R-2 zoned property as follows:
(1)
R-3, M-U, C-P, C-1, C-2, and C-3 Rear Yard Height Limitations. Establishing a height of six feet above the finished grade of the residential property at the property line, a 15 degree inclined plane is projected that establishes the height limitation (Figure 9.5.15);
 Figure 9.5.15. Variable Height Limitation |
(2)
H-M, C-M, M-1, and M-2 Rear Yard Height Limitations. Same as set forth in Section 9534.24(1), except the established beginning height shall be nine feet (9′) and the inclined plane 15 degrees (Figure 9.5.15); and
(3)
Side Yard Height Limitations in All Zones Except R-3 and R-3-O. Buildings shall have a maximum height of 15 feet, 20 feet from the side property line, with a 40 degree inclined plane projected to establish the height limitation.
§ 9534.26 EXCEPTIONS TO HEIGHT LIMITS.
No portion of any building or structure shall exceed the height limits set forth in this article, except as follows:
(a)
Chimneys, including required spark arrestors and decorative caps, may extend no more than five feet above the height limits set forth in the zone;
(b)
Flag poles may have a maximum height of 30 feet;
(c)
Solar energy systems may extend no more than three feet above the heights limits set forth in the zone;
(Amended by Ord. 1248, adopted 7-28-09)