Glendale City Zoning Code
CHAPTER 30
34 STANDARDS FOR SPECIFIC USES
§ 30.34.010 Adult business uses.
A.
Intent and Purpose. It is recognized that the concentration of certain adult business and sexual encounter establishment uses tends to result in the blight and deterioration in the areas of such concentration. It is evident that special zoning regulations applicable to adult business and sexual encounter establishment uses are necessary to preserve the integrity of the city of Glendale. Accordingly, it is the purpose of this section to establish a comprehensive set of regulations applicable to adult business and sexual encounter establishment uses as defined herein.
B. “Adult business use”a. b. c. d. e. f. g. h. “Specified anatomical areas” “Specified sexual activities”a. b. c. d.
Definitions. For purposes of this title, the following words and phrases used in this section are hereby defined.
means and includes the following:
Adult media store.
An establishment having as a significant portion of its stock in trade books, newspapers, magazines, other periodicals, and/or video tapes, film or photographs which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” and which excludes the patronage of minors.
Adult model studio.
Any place where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, video taped, photographed, or similarly depicted by persons paying such consideration or gratuity.
Adult motion picture/video arcade.
Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, including, but not limited to, video monitors are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
Adult motion picture/video peep show.
An establishment which excludes the patronage of minors, used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” exhibited in a viewing booth, through a small aperture upon deposit of a coin.
Adult motion picture theater.
A building customarily used for presenting motion pictures, videos, slides or other visual material distinguished or characterized by an emphasis on material depicting or describing “specified sexual activities” or “specified anatomical areas.”
Cabaret.
A nightclub, concert hall, auditorium, theater or similar establishment which for any form of consideration, regularly features live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
Sexual paraphernalia store.
Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or used in connection with “specified sexual activities.”
Sexual encounter establishment.
An establishment, including, but not limited to, private and commercial clubs or organizations, where two or more persons congregate, associate or consort for the purpose of conducting “specified sexual activities.” This definition does not include a hotel, motel or similar establishment offering public accommodations, nor does this definition include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages, as part of their professional practice, in sexual therapy.
means the following:
means the following:
The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in subsections (B)(3)(a) through (c) above.
C.
Locational requirements. Adult businesses as defined in this section shall be permitted only in those districts of the downtown specific plan area as given in section 3.3 of DSP, subject to the following requirements:
1.
No adult business use shall be permitted within 450 feet of any church, public or private school or college, park, playground, library, or area zoned for residential use.
2.
No adult business shall be permitted within 700 feet of another adult business.
3.
The distance provided in this section shall be measured by the shortest distance, without regard to intervening buildings, from the nearest point of the perimeter of the lot upon which the proposed use is to be located, to the nearest point of the perimeter of the lot or land use district boundary from which the proposed land use is separated.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 11, 2006; Ord. 5541 § 26, 2006)
§ 30.34.015 Alcoholic beverages sale, service and consumption, for specified uses in the Alex Theatre, Broadway Center, and Maryland Art and Entertainment Districts of the downtown specific plan.
Notwithstanding other provisions of this chapter and of the downtown specific plan, the on-site sale, service or consumption of alcoholic beverages in the full service restaurants, taverns, theaters, indoor recreation centers, nightclubs, and billiard establishments within the Maryland Art and Entertainment District of the downtown specific plan zone shall be subject to the requirements specified in this section.
Notwithstanding other provisions of this chapter and of the downtown specific plan, the on-site sale, service or consumption of alcoholic beverages in the full service restaurants, taverns, theaters, nightclubs, and billiard establishments within the Alex Theatre District and Broadway Center District of the downtown specific plan zone shall be subject to the requirements specified in this section.
For purposes of this Section 30.34.015, the following terms shall be defined as follows:
shall be:
1. | The individual or legal entity that owns and operates a full-service restaurant, tavern, theater, indoor recreation center, nightclub and billiard establishment within the Maryland Art and Entertainment District of the downtown specific plan zone with the on-site, sale, service and consumption of alcoholic beverages, or |
2. | The individual or legal entity that owns and operates a full-service restaurant, tavern, theater, nightclub and billiard establishment within the Alex Theatre District and Broadway Center District of the downtown specific plan zone with the on-site, sale, service and consumption of alcoholic beverages: |
shall mean:
1. | The individual(s) employed, hired or retained by an owner to be the owner’s representative and agent to be on site at the full-service restaurant, theater, indoor recreation center, nightclub and billiard establishment in the Maryland Art and Entertainment District of the downtown specific plan zone with the on-site, sale, service and consumption of alcoholic beverages and to manage or oversee the establishment’s day-to-day operations, including, but not limited to, taking responsibility for one or more of the following obligations, or | |
2. | The individual(s) employed, hired or retained by an owner to be the owner’s representative and agent to be on site at the full-service restaurant, theater, nightclub and billiard establishment in the Alex Theatre District and Broadway Center District of the downtown specific plan zone with the on-site, sale, service and consumption of alcoholic beverages, including, but not limited to, taking responsibility for one or more of the following obligations: | |
a. | Hiring, disciplining, discharging, supervising, directing, or assigning work to employees; or | |
b. | Ensuring that employees and the establishment comply with this chapter’s provisions, the provisions of chapter 5.82, and all laws. | |
shall mean an individual or legal entity who uses the establishment of an owner to organize, oversee, or otherwise promote entertainment (as that term is defined in section 5.82.020).
A.
General Requirements. All full service restaurants, taverns, theaters, indoor recreation centers, nightclubs, and billiard establishments which sell and serve alcohol for on-site consumption or otherwise allow the on-site consumption of alcoholic beverages shall be subject to the following standards:
1.
Owners shall obtain and maintain all required licenses from the state alcoholic beverage control board.
2.
Owners, managers, and promoters shall obey all federal, state, and municipal laws and ordinances, and comply with all conditions imposed pursuant to any permit or license for the establishment.
3.
Owners (or their managers if so designated by the owner), and promoters shall obtain business licenses pursuant to chapter 5.82 of this code; provided nothing herein shall diminish the rights granted by a conditional use permit for the sale, service and consumption of alcohol at an establishment regulated by this section.
4.
No establishment shall contain booth or group seating which prohibits or obstructs plain view of the occupants.
5.
Building plans for establishments regulated by this section shall comply with all applicable codes, including the Glendale Building Code and the Glendale Fire Code, and the premises shall be maintained in accordance with approved plans.
6.
Establishments regulated by this section may serve alcohol from 10:00 a.m.—2:00 a.m., seven days per week, unless otherwise limited by a specific license or permit.
7.
All graffiti on the site shall be removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence.
8.
A copy of the standards in this code section and any city license shall be retained at all times on the premises in each establishment shall be produced immediately upon the request of the director of community development or the GPD.
9.
Prior to obtaining a zoning use certificate, the applicant shall sign a notarized affidavit in a form acceptable to the city attorney acknowledging and agreeing to comply with all the standards in this code section. This affidavit shall be kept on file in with the community development department.
10.
The owners and all managers of an establishment regulated by this section shall ensure that alcoholic beverages purchased within the owner’s establishment are not consumed outside of the business, as specified on the ABC license.
11.
The owner and managers shall maintain free of litter the area adjacent to the establishment under the control of the owner.
12.
All public telephones shall be located within the interior of the establishment structure. No public phones shall be located on the exterior of the premises under the control of the establishment.
13.
That all businesses shall remain open to the public during business hours. Full service restaurants shall comply with the definition of “restaurant, full-service” set forth in Chapter 30.70 of this title.
14.
The business shall comply with title 8 of the Glendale Municipal Code concerning excessive noise and disturbing the peace.
15.
Reserved.
16.
Reserved.
17.
The perimeter of outdoor areas approved for alcoholic beverage service shall be defined by physical barriers, and subject to the review and approval by the directors of community development and the director of public works. The perimeter of any outdoor area approved for alcoholic beverage service shall be designed to prevent the unrestricted flow of persons to and from the outdoor dining area other than through the approved point of access.
18.
Outdoor areas approved for alcoholic beverage service shall not be posted in any manner with any sign, placard or free-standing card of any size or type that promotes service of alcoholic beverages in the outdoor area.
19.
Service and consumption of alcoholic beverages in outdoor areas shall comply with all applicable regulations set forth by the department of alcoholic beverage control, the GMC, and with any other applicable conditions imposed to protect public rights-of-way, adjoining properties and public health, safety and welfare, up to and including restrictions on occupancy and maximum seating imposed by the director of public works.
20.
The applicant shall not permit any public nuisance in the outdoor area, including but not limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street.
B.
Additional Standards for Indoor Recreation Centers. The following conditions shall apply to indoor recreation centers as defined in Chapter 30.70 of this title:
1.
Establishments with an indoor recreation center shall not have more than three billiard tables.
2.
Establishments with an indoor recreation center shall maintain a delineated area designated for the consumption of alcoholic beverages solely for patrons at least 21 years old.
3.
All new employees of the owner who serve alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees at least on a quarterly basis.
4.
Signs recommending the use of a “designated driver” shall be posted at all bar areas. The signs shall measure at least 6” x 6”.
C.
Additional Standards for Full Service Restaurants. The following conditions shall apply to full service restaurants as defined in Chapter 30.70 of this title:
1.
These establishments may include a bar or lounge area. Signs recommending the use of a “designated driver” shall be posted at all bar areas. The signs shall measure at least 6” x 6”.
2.
Entertainment activities, such as live or recorded music, may be permitted subject to issuance of a license under chapter 5.82, provided the use includes a full-service kitchen and a full menu. Tables shall have all necessary utensils, condiment dispensers and table service with which to serve meals to the public.
D.
Additional Standards for Taverns. The following conditions shall apply to taverns as defined in Chapter 30.70 of this title:
1.
All new employees of business owner licensee serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees at least on a quarterly basis.
2.
Signs recommending the use of a “designated driver” shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least 6” x 6”.
3.
The front and back door of the establishment shall be kept closed at all times while the location is open for business, except in case of emergency.
E.
Additional Standards for Nightclubs. The following conditions shall apply to nightclubs as defined in Chapter 30.70 of this title:
1.
All new employees of business owner licensee serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees at least on a quarterly basis.
2.
The owner and/or promoter shall provide and employ uniformed security guards as necessary onsite at the venue, and at onsite and off site parking locations to address noise, traffic, and safety concerns.
3.
Signs recommending the use of a “designated driver” shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least 6” x 6”.
4.
The front and back door of the establishment shall be kept closed at all times while the location is open for business, except in case of emergency.
F.
Theatres. The following conditions shall apply to theatres as defined in Chapter 30.70 of this title:
1.
All new employees of business owner licensee serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees at least on a quarterly basis.
2.
Signs recommending the use of a “designated driver” shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least 6” x 6”.
(Ord. 5728 § 4, 2011; Ord. 5778, § 4, 7-24-2012)
§ 30.34.020 Gas stations.
Notwithstanding other provisions of this title, all gas stations shall conform to the requirements specified in this section. No building, structure or land shall be used and no building or structure shall be erected, enlarged or established for any gas station and no enclosed area shall be converted to a retail sales area, and no pump island shall be enlarged unless the following limitations listed below are complied with. No sale of non-automotive-related products, including alcoholic beverages, shall be allowed unless the limitations below are complied with:
A.
The minimum lot area shall be 14,400 square feet.
B.
The minimum length of the front property line shall be not less than 120 lineal feet. Where the site also abuts upon a side street or alley, the minimum length of the property line abutting such street or alley shall be 90 lineal feet.
C.
All buildings shall maintain a setback distance of not less than 30 feet from any public street right-of-way line. Pump island canopies shall not be deemed to be a building for the purposes of this subsection.
D.
All gasoline pumps, pump islands and equipment shall be situated not less than 15 feet from any public right-of-way. Canopies over pump islands shall not be situated less then five feet from any property line.
E.
No mechanical servicing or greasing of trucks in excess of one and one-half (1½) ton capacity or industrial equipment of any type or character shall be permitted.
F.
No sale of merchandise not clearly incidental to the automotive industry shall be permitted except within an enclosed building. Merchandise display shall be permitted on each pump island; provided, that the aggregate display area on each island shall not exceed 12 square feet. Automotive products display shall be permitted along the front of the building; such display shall be located within 36 inches of the building, shall not exceed 36 inches in height above the sidewalk surface or ground level on which it is located and shall not be more than a total of 10 linear feet in length.
G.
No parking area shall block ingress to or egress from pump islands or service bays.
H.
There shall not be more than two vehicular accessways to any one street for each development site.
I.
No driveway access may be located nearer than five feet to the beginning of a curve of a street corner or nearer than five feet from an interior property line.
J.
The outer radius of any turning area to all pump islands shall be a minimum of 25 feet.
K.
No miscellaneous items, products, equipment, vehicles or signs shall be permitted on any corner formed by intersecting streets within that triangular area between the property line adjacent to the public right-of-way and a diagonal line joining points on said property lines 25 feet from their point of intersection or, in the case of rounded corners, the areas between the tangent to the curve and a diagonal line adjoining points on such tangents 25 feet from the point of intersection. Area lighters shall be permitted within the area designated in this subsection, provided the top of such fixture shall not exceed a height of 15 feet above the sidewalk surface or ground level on which it is located. Such area lighters used to illuminate the lot shall be so arranged as to substantially deflect light away from and avoid undue annoyance to any residential properties and shall not constitute a hazard to vehicle operators on the public street or those entering and leaving the station premises. Landscape lighting fixtures shall be permitted within the area designated in this subsection, provided such fixtures are installed in close proximity to the ground, but in no event to exceed three feet in height, and of such intensity as not to constitute hazard to vehicle operators on the public street or those entering and leaving the station premises.
L.
Minimum five foot wide planters shall be provided along the interior property lines where adjacent to residentially zoned areas that shall be landscaped and irrigated as provided in this chapter.
M.
All utility services which provide service to the property shall, within the exterior boundary lines of such property, be installed underground.
N.
Refuse storage area of sufficient size to accommodate a refuse bin shall be provided on the site in an area enclosed by a minimum five and one-half (5½) foot high masonry wall as provided for in this chapter and shall be located in the rear portion of the property in such manner as to be accessible to refuse collection vehicles.
O.
A planting strip a minimum of five feet wide shall be established and continuously maintained and landscaped along any property line abutting a street, except at driveways. Bermed areas may require a two foot high retaining wall on the interior side of the service station site where deemed necessary by the director of community development. Any planting within 10 feet of an entry or exit driveway shall not be permitted to grow higher than 30 inches.
P.
Final plans shall be submitted for approval by the director of community development for conformity with the aforesaid requirements precedent to the issuance of a building permit.
Q.
A minimum of one unisex public restroom that meets all ADA requirements shall be provided within a building and maintained in clean and fully functional condition at all times that the facility is open for business.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 12, 2006; Ord. 5803 § 98, 2013)
§ 30.34.030 Car washes, full and self service.
Notwithstanding other provisions of this chapter, all car washes shall conform to the requirements specified in this section. No building, structure or land shall be used and no building or structure shall be erected, enlarged or established for any car wash unless the following limitations are complied with:
A.
Lot Area. The minimum lot area shall be 25,000 square feet except that the lot area for a self-service car wash may be 12,500 square feet minimum.
B.
Site Improvements and Arrangement.
1.
All buildings shall maintain a setback distance of not less than 10 feet from any public right-of-way.
2.
The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, exits and openings therein shall not face any property in any residential zone.
3.
No building shall be situated less than 25 feet from any interior property lines abutting a residential zone.
4.
There shall not be more than two vehicular accessways to any one street for each development site and there shall be no vehicular accessways along any frontage where the property directly across the street is located in any residential zone.
5.
No driveway access may be located nearer than five feet to the beginning of a curve of a street corner or nearer than five feet from an interior property line, such dimension to be measured from the edge of the overall apron width including the curb transitional slope.
6.
There shall be provided on the same lot or parcel on which any car wash is permitted, except in a self-service car wash, a waiting area for incoming cars accessible to the entrance end of the washing equipment of not less than 2,000 square feet, and an area beyond the exit end of the washing equipment of not less than 3,000 square feet to be used for the hand finishing of the washing process, both such areas being exclusive of areas intended for other uses; provided, that where the conveyor space for hand finishing within the enclosed area is a minimum distance of 60 linear feet, the hand finishing area beyond the exit and outside the enclosed area shall not be less than 1,000 square feet.
7.
The dispensing of motor vehicle fuel and lubricants shall be allowed; provided, that all pumps, pump islands, canopies and equipment devoted to such use be set back a minimum distance of 15 feet from any public street right-of-way, 10 feet from any abutting property line and 25 feet from any residential zone. No dispensing of motor vehicle fuels and lubricants shall be allowed in self-service car washes.
8.
No buildings, equipment, vehicles, signs or miscellaneous items shall be permitted on any corner formed by intersecting streets within that triangular area between the property line adjacent to the public right-of-way and a diagonal line joining points on the said property lines 25 feet from their point of intersection or, in the case of rounded corners, the areas between the tangent to the curve and a diagonal line adjoining points on such tangents 25 feet from the point of intersection. Area lighters shall be permitted within the area designated in this subsection, provided the top of the actual lighting fixture shall not exceed a height of 15 feet above the sidewalk surface or ground level on which it is located nor be lower than 12 feet above such surface or level. Landscape lighting fixtures will be permitted within the area designated in this subsection, provided such fixtures are installed in close proximity to the ground, but in no event to exceed 18 inches in height, and of such intensity as not to constitute a hazard to vehicle operators on the public street or those entering and leaving the premises.
C.
Landscaping.
1.
Minimum five foot wide planters shall be provided along the interior property lines where adjacent to residentially zoned areas that shall be landscaped and irrigated as provided in this chapter. Planting in such area shall include, but not be limited to, trees having minimum 15 gallon size at a maximum spacing of 10 feet on center.
2.
Landscaping and planting at a width of 10 feet shall be provided adjacent to all street frontages except for necessary walkways and driveways.
3.
An equivalent area of landscaping may be substituted for the specific locations of landscaped areas required by subsections A and B when a landscaping plan is submitted by a landscape architect and approved by the director of community development, provided, that a safety factor as to unobscured site distance is incorporated into said plan.
D.
Merchandising.
1.
No sale of toys, beverages, or other merchandise except fuel and oil shall be permitted except within an enclosed building or from vending machines. A maximum of two vending machines shall be permitted and shall abut the building.
2.
No merchandise display shall be permitted outside of an enclosed building.
E.
Utilities and Waste Disposal.
1.
All utility services which provide service to the property shall, within the exterior boundary lines of such property, be installed underground.
2.
Wash and rinse water shall be 80% reclaimed and recirculated.
3.
Notwithstanding any other provisions of this chapter, all car wash facilities shall comply with the industrial waste permit requirements of Chapter 13.40 of this code and the waste discharge requirements and National Pollutant Discharge Elimination System Permit requirements for municipal stormwater and urban runoff discharges, No. 96-054, issued by the California Regional Water Quality Control Board on July 31, 1996, and as subsequently amended.
4.
Provisions shall be made to prevent area water from the site from flowing over any public sidewalk.
5.
Refuse storage area of sufficient size to accommodate a refuse bin shall be provided on the site in an area enclosed by a six foot masonry wall as provided for in this chapter and shall be located in the rear portion of the property in such manner as to be accessible to refuse collection vehicles.
6.
Plan approval. Final plans shall be submitted for approval by the director of community development for conformity with the aforesaid requirements precedent to the issuance of a building permit.
(Ord. 5399 Attach. A, 2004; Ord. 5537 § 13, 2006; Ord. 5747 § 50, 2011)
§ 30.34.040 Carts.
A.
Purpose. The purpose of the regulations of this section is to provide standards for outdoor sales of food and beverages, merchandise, and shoe shining services. It is in the best interest of the city of Glendale to promote small businesses and provide outdoor facilities within the confines of private courtyards, patios, plazas, interior gardens, etc., which will complement and enhance the retail environment and enliven the streetscape in commercial districts.
B.
Standards for Carts. Notwithstanding any other provisions of Title 30 of the Glendale Municipal Code, 1995, the operation of freestanding, non-motorized vending carts for the purpose of selling food and beverages, merchandise, and providing shoe shining services shall be subject to the following requirements:
1.
Each cart shall be approved individually as to location, size, design and aesthetic characteristics including signs, by the director of community development and shall subsequently be reviewed every two years.
2.
A permit to operate shall be obtained pursuant to Title 5 of this code.
3.
Each cart shall be fully portable.
4.
No cart, portion of a cart, nor seating shall be located within the public right-of-way.
5.
Each cart shall be allowed two portable tables and a maximum of four chairs for customer use. The tables and chairs shall be removed from their outdoor location at the close of business.
(Ord. 5399 Attach. A, 2004; Ord. 5747 § 51, 2011; Ord. 5847 § 9, 2015)
§ 30.34.045 Community gardens.
Notwithstanding any other standards in this title, the following standards shall apply to all community gardens:
A.
The hours of operation shall be limited from dawn to dusk.
B.
No lighting shall be permitted.
C.
The gardens shall comply with Title 8 of this code concerning noise.
(Ord. 5747 § 52, 2011)
§ 30.34.050 Dish antennas.
In addition to the other provisions of the Zoning Ordinance, dish antennae shall be subject to the following requirements:
A.
Open mesh material is recommended over solid material.
B.
The antenna and supporting structure shall be a neutral color, which color, in the opinion of the design review board, blends with the surrounding dominant color, helps camouflage the dish antenna, and is neither bright nor metallic.
C.
No advertising shall be permitted on any part of a dish antenna, except for a six inch square displaying the manufacturer’s or distributor’s name.
D.
The antenna shall be screened by recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing, or exterior wall material, or microwave transparent material.
(Ord. 5399 Attach. A, 2004; Ord. 5803 § 99, 2013)
§ 30.34.060 Equipment rental.
In addition to the other provisions of the Zoning Ordinance, equipment rental and leasing businesses shall be subject to the following requirements:
A.
All equipment and machinery shall be stored in a neat and organized manner.
B.
Outdoor storage of inoperable vehicles shall not be allowed.
C.
Maintenance and repair of equipment and construction vehicles shall be performed in a completely enclosed building.
D.
Equipment and construction vehicles shall not be stored with their lifting arms, booms, blades, buckets, scrapers, etc., in a position higher than the main body of the equipment or vehicle (e.g., higher than the cab of the vehicle).
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 32, 2004; Ord. 5537 § 14, 2006)
§ 30.34.070 Heating and air conditioning sales and service (HVAC).
In addition to the other provisions of this chapter, heating and ventilating service shops including the incidental forming of ducts are permitted provided:
A.
All equipment used in the forming of said ducts shall be of low-sound intensity and confined to the building in which the ducts are formed.
B.
The forming of said ducts shall be incidental only to wholesale or retail sales of heating and ventilating equipment.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 33, 2004; Ord. 5537 § 15, 2006)
§ 30.34.080 Accessory dwelling units and junior accessory dwelling units.
A.
Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units in a manner that is ministerial and nondiscretionary consistent with state law.
1.
Accessory dwelling units and/or junior accessory dwelling units, as applicable, are located on lots developed or proposed with dwelling units in areas zoned for single-family and multi-family residential (including mixed-use residential) uses and can provide an important source of affordable housing. For purposes of this section, the existing one residential dwelling on property zoned single-family residential or property with an existing single-family dwelling on it shall also be known as the primary dwelling.
2.
Accessory dwelling units and junior accessory dwelling units, when appropriately sized and located, have little impact on neighborhood quality of life or upon real property that is listed, or identified on a historic survey as potentially eligible on the National Register of Historic Places, California Register of Historical Resources, Glendale Register of Historic Resources, and in a city of Glendale designated or nominated Historic District.
3.
Establishing reasonable regulations for accessory dwelling units and junior accessory dwelling units is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing architectural character, community character and neighborhood quality of life.
4.
Accessory dwelling units and junior accessory dwelling units are not considered for purposes of general plan density calculation.
5.
Accessory dwelling unit and junior accessory dwelling unit permits are necessary to enable tracking of affordable housing and to ensure review and compliance with zoning, fire, and life safety standards contained in state and local law.
B.
Applicability. This section shall apply to all zones that allow single-family or multi-family residential use(s).
C. "Accessory dwelling unit" "Junior accessory dwelling unit" "Livable space" "Living area" "Nonconforming zoning condition" "Objective standards" "Passageway" "Proposed dwelling" "Public transit" "Tandem parking"
Definitions. The following definitions shall apply to the requirements of this section any term not defined herein shall have the same meaning as defined in Chapter 30.70:
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence, and shall in no event be contained within a detached accessory building or structure. For purposes of this definition, "contained entirely within a single-family residence" means enclosed uses within the residence, such as attached garages. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
means a physical improvement on a property that does not conform with current zoning standards.
means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D.
General Provisions.
1.
Accessory dwelling units shall be permitted in any zone that allows residential uses and is developed with residential uses or is proposed to be developed with a residential use. Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where an accessory dwelling unit is proposed, a lot line adjustment or parcel map, as applicable, shall be required to create one lot by relocating or eliminating existing lot lines.
2.
Junior accessory dwelling units shall only be permitted on lots developed with one residential dwelling or proposed to be developed with one residential dwelling. Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where a junior accessory dwelling unit is proposed, a lot line adjustment or parcel map shall, as applicable, be required to create one lot by relocating or eliminating existing lot lines.
3.
Accessory dwelling units and junior accessory dwelling units are subject to the underlying zoning development standards for setback, floor area ratio, lot coverage, open space and landscaping that are applicable to the primary residential dwelling, or dwellings, except as otherwise set forth in this section. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) below. The underlying zoning development standards for floor area ratio, lot coverage, open space and landscaping shall not include up to eight hundred square feet of any accessory dwelling unit area constructed under the provisions of this section.
4.
No additional setback shall be required for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building that is converted to an accessory dwelling unit, and a setback of no more than four feet from an interior lot line shall be required for an accessory dwelling unit that is not converted from an existing building constructed in the same locations and to the same dimensions as an existing building.
5.
An accessory dwelling unit shall include:
7.
All new construction accessory dwelling units attached to the existing or proposed primary dwelling shall not exceed 50% of the existing or proposed floor area of the primary dwelling, but in no event shall an accessory dwelling unit exceed the maximum square feet stated in subsection (D)(6) above. This prohibition does not apply when compliance with this section precludes development of an accessory dwelling unit that qualifies under (E)(4) below.
8.
A junior accessory dwelling unit shall include:
a.
An efficiency kitchen, which shall include a sink and a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
b.
Independent access.
c.
Comply with building codes, including sufficient setbacks for fire.
e.
Must be served by utilities, including sewer, water and electric.
f.
If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
9.
A lot where only one residential dwelling unit exists may have either an accessory dwelling unit or an accessory living quarters, but not both. For the purposes of this section, other accessory buildings which are defined as "R" Occupancy per Chapter 3 of the California Building Code such as, a cabana, pool house, recreation room, workshop, studio, rumpus room and similar shall be considered accessory living quarters. An accessory living quarter may be converted to an accessory dwelling unit. Nothing herein shall prohibit the creation of a junior accessory dwelling unit on such a lot that contains an accessory living quarters.
10.
In no case shall new construction of an accessory dwelling unit be located between the primary residential dwelling(s) and the street front and street side setback. Notwithstanding such prohibition, in cases where a lot has more than one street front (through lot), a new construction attached or detached accessory dwelling unit may be located between the street front setback and the side or rear facade of the primary residential dwelling(s). Further, no additional driveway shall be allowed from any street frontage. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2)(b) below.
11.
Any rental of an accessory dwelling unit created pursuant to this section shall be for a term longer than thirty days.
12.
Except as provided in Government Code Section 66341 or otherwise allowed by state or local law, an accessory dwelling unit cannot be sold separately from the residential dwelling(s). A junior accessory dwelling unit cannot be sold separately from the sale of the single-family residence under any circumstance.
13.
Fire sprinklers shall be required for the accessory dwelling unit and/or junior accessory dwelling unit if fire sprinklers are or were required for the residential dwelling. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single- or multi-family dwelling.
14.
No passageway shall be required between an entrance of the accessory dwelling unit and the street right-of-way as defined in state law.
15.
The property owner shall pay all sewer, water, school district, and other applicable fees.
16.
Notwithstanding Chapter 4.10 and any development impact fee resolutions adopted thereunder:
a.
Any accessory dwelling unit under seven hundred fifty square feet shall be exempt from any development impact fee, including, but not limited to, the parks and libraries development impact fee; and
b.
Any accessory dwelling unit of seven hundred fifty square feet or greater shall be charged a parks and library development impact fee in an amount proportionally related to the square footage of the primary dwelling unit or the average square footage of the existing or proposed multi-family dwelling units, as applicable, not to exceed that amount set forth in the development impact fee resolution adopted pursuant to Chapter 4.10 of this code.
17.
The property owner may install new or separate utility connections between the accessory dwelling unit(s) or junior accessory dwelling unit and the utility, and pay all applicable connection fees or capacity charges.
18.
An accessory dwelling unit or junior accessory unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer, unless the accessory dwelling unit or junior accessory dwelling unit is constructed with a new single-family dwelling.
19.
When an accessory dwelling unit or junior accessory dwelling unit qualifies under subsection (E)(4) or (F)(2), installation of new or separate utility connections, including related connection fees or capacity charges, directly between the accessory dwelling unit or junior accessory dwelling unit shall not be required unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family dwelling.
20.
When an accessory dwelling unit or junior accessory dwelling unit does not qualify under subsection (E)(4) or (F)(2), installation of a new or separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit or junior accessory dwelling unit, based upon either it's square footage or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
21.
In addition to the above, the City shall comply with all accessory dwelling unit and junior accessory dwelling unit permitting and permit processing requirements, mandates, timelines, deadlines, restrictions, prohibitions and limitations contained in California Government Code Sections 66314, et seq., including, but not limited to, Sections 66316 through 66317 and 66331 through 66332.
E.
Additional Standards Specific Only to an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit Where Only One Residential Dwelling Unit Exists or is Proposed on a Lot. The following standards and criteria apply to accessory dwelling units and/or junior accessory dwelling units where only one residential dwelling unit exists or is proposed on a lot.
1.
Except as otherwise set forth in this section, accessory dwelling units and junior accessory dwelling units are subject to all zoning development standards that apply in the underlying zone to the primary residential dwelling, including, but not limited to, setbacks, floor area ratio, lot coverage, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required.
2.
Notwithstanding the development standards for floor area ratio, lot coverage, and open space (when not required for minimum landscaping requirements) for the underlying zone, a new construction attached or detached accessory dwelling unit shall be permitted that provides four foot minimum interior setbacks and does not exceed the following height limitations:
a.
A height limit of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
b.
A height limit of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
c.
A height of twenty-five feet or the height limitation of the underlying zoning district, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling. In no case shall the accessory dwelling unit exceed two stories.
3.
For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create an accessory dwelling unit and/or a junior accessory dwelling unit shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) below.
4.
Notwithstanding subsection (E)(1) above:
a.
One accessory dwelling unit and one junior accessory dwelling unit shall be allowed when all of the following apply:
i.
The accessory dwelling unit or junior accessory dwelling unit shall be located within the proposed space of a single-family dwelling or existing space of a single-family dwelling, or the accessory dwelling unit shall be located within the existing space of an accessory building and may include an expansion of an accessory building not to exceed one hundred fifty square feet beyond the same physical dimensions as the existing accessory building. An expansion of an accessory dwelling unit beyond the physical dimensions of the existing accessory building shall be limited to accommodating ingress and egress;
ii.
The space has exterior access from the proposed or existing single-family dwelling;
iii.
For fire safety purposes, at least one of the existing interior setbacks has minimum of three feet; and
iv.
The junior accessory dwelling unit complies with all other junior accessory dwelling unit requirements outlined in this Ordinance.
b.
One detached new construction accessory dwelling unit shall be allowed subject to the following:
i.
A minimum four foot interior setback;
ii.
A maximum square footage of eight hundred square feet; and
iii.
A height limit as set forth in subsection (E)(2) above.
An accessory dwelling unit constructed under subsection (E)(4)(b) above may be combined to also allow a junior accessory dwelling unit in the manner described in subsection (E)(4)(a) above, but only where one residential dwelling unit exists, or is proposed to be constructed.
5.
Accessory dwelling units and junior accessory dwelling units that are new construction, or propose exterior modifications to an existing primary residence or to a permitted accessory building shall comply with the objective design standards set forth in subsection (G) below. These standards shall not apply to an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) above.
6.
New construction accessory dwelling units shall not be permitted above a detached garage or carport.
F.
Additional Standards Specific Only to Accessory Dwelling Units on Lots Developed with Existing or Proposed Multiple Residential Dwelling Units. The following standards and criteria apply to accessory dwelling units on lots developed with existing or proposed multiple residential dwelling units.
1.
Except as otherwise set forth in this section, accessory dwelling units are subject to all zoning development standards that apply in the underlying zone, including, but not limited to, floor area ratio, lot coverage, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required.
2.
Notwithstanding subsection (F)(1) above, the applicant is entitled to build accessory dwelling units under either subsection (F)(2)(a) or (F)(2)(b) below, but not both:
a.
At least one accessory dwelling unit and up to 25% of the existing multi-family dwelling units shall be allowed within portions of existing multi family dwelling structures (excluding existing dwelling units) that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings; or
b.
Multiple accessory dwelling units with minimum four foot interior setbacks shall be allowed. These accessory dwelling units may be attached or detached from each other and shall not exceed the number specified in subsection (F)(2)(b)(i) or (F)(2)(b)(ii), as applicable:
i.
On a lot with an existing multi-family dwelling, not more than eight detached accessory dwelling units shall be allowed. The number of accessory dwelling units allowable pursuant to this sub-section shall not exceed the number of existing units on the lot.
ii.
On a lot with a proposed multi-family dwelling, not more than two detached accessory dwelling units shall be allowed.
c.
The following height limitations shall apply for accessory dwelling units that qualify under subsection (F)(2)(b)(i) or (F)(2)(b)(ii) above:
i.
A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
ii.
A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit(s) that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
iii.
A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multi-story dwelling. In no case shall the accessory dwelling unit exceed two stories.
3.
Junior accessory dwelling units are prohibited on lots developed with existing multiple residential dwelling units.
4.
For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create accessory dwelling units shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit(s) that qualifies under subsection (F)(2) above.
5.
Accessory dwelling units that are new construction, or that propose exterior modifications to an existing multi-family building or to a permitted accessory building shall comply with the objective design standards in subsection (G) below. These standards shall not apply to an accessory dwelling unit(s) that qualifies under subsection (F)(2) above.
6.
New construction accessory dwelling units shall not be permitted above detached garages or carports.
G.
Objective Design Standards for Accessory Dwelling Units. The following standards and criteria shall apply to accessory dwelling units, or portions thereof, that directly face the public realm, which for the purposes of this subsection shall include improved public streets, sidewalks, alleys, parks, and accessory dwelling units that include a second story. Accessory dwelling units that do not include a second story and/or are hidden from view from the public realm by primary or accessory buildings shall be exempt from these criteria. In accordance with Government Code Section 66323(b), these standards do not apply to the development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) above. This section is not applicable to designated historic resources and potential historic resources, as defined in GMC 15.20.20, and/or contributors in designated or pending historic districts, as defined in GMC 30.25.015.
1.
Massing.
a.
Roof Form and Pitch.
i.
The roof form of the accessory dwelling unit shall match the roof form of the existing primary residence or multi-family building.
ii.
For an existing primary residence or multi-family building with multiple roof forms, the roof of the accessory dwelling unit shall match at least one of the roof forms of the existing development. The accessory dwelling unit may have more than one roof form, so long as the selected roof forms match those of the existing primary residence or multi-family building.
iii.
When the roof pitch of the existing primary residence or multi-family building has a pitch greater than 4:12, the roof pitch of the accessory dwelling unit is not required to match, so long as the accessory dwelling unit complies with the height requirements set forth in subsections (E)(2) and (F)(2)(b) above.
iv.
Rooftop decks are prohibited on all attached or detached accessory dwelling units and junior accessory dwelling units, including both new construction and conversions.
v.
When a parapet is incorporated into the design of the accessory dwelling unit or junior accessory dwelling unit, the parapet height shall not exceed eighteen inches above the lowest point of the roof.
b.
Breaks in Building Volume.
2.
Design and Detailing.
a.
Exterior Wall Cladding.
i.
Except as indicated in subsections (G)(2)(a)(vi) and (G)(2)(a)(vii) below, the accessory dwelling unit shall have a minimum of two wall cladding materials at any facade or portion thereof which directly faces the public realm.
ii.
The use of stucco shall be limited to a maximum of 60% of the total exterior wall surface of any facade or portion thereof which directly faces the public realm.
iii.
All cladding materials shall wrap exterior corners and either wrap the entire building or terminate at inside corners.
iv.
Any of the following cladding materials may be used: wood or cementitious siding (e.g., lap siding, tongue-and-groove/interlocking boards, board-and-batten, shingle), stucco, brick, veneer brick, natural stone, and pre-cast stone.
v.
If siding is applied solely at the base of the building (wainscoting), it shall extend from the lowest edge of the wall up to, at a minimum, the height of the lowest windowsill on that facade. If a facade is windowless, the siding at its base shall either match the height of any siding proposed at adjoining facades or, if none exists, shall not be greater than four-feet above the level of the adjoining grade.
vi.
If the roof of the existing primary residence or multi-family building is clad with Spanish-tiles (one- or two-piece clay or concrete tiles with a curved profile), 100% of the exterior wall surfaces of the accessory dwelling unit shall be clad with stucco.
vii.
If the existing primary residence or multi-family building is clad entirely with horizontal and/or shingle siding, 100% of exterior wall surfaces of the accessory dwelling unit directly facing the public realms shall be clad with horizontal and/or shingle siding.
b.
Roof Cladding.
i.
Pitched roofs on the accessory dwelling unit shall be clad with a material that matches the roof of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles.
ii.
Flat roofs may be clad with any material permitted by the building code.
iii.
If the flat-roofed portion of the existing primary residence or multi-family building has Spanish-tile (one- or two-piece clay or concrete tile with a curved profile) parapet caps, any flat-roof portion of the accessory dwelling unit shall have parapet caps that match the existing parapet caps of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles.
iv.
If the flat-roofed portion of the existing primary residence or multi-family building does not have Spanish-tile parapet caps, any flat-roofed portion of the accessory dwelling unit shall have parapets with an upper surface designed to shed water or with a sheet-metal parapet cap that is finished at its outward-facing surface to match the color of the adjacent wall cladding.
c.
Entryways, Windows and Doors.
i.
Windows shall be recessed a minimum of one inch from the face of the window frame to the face of the exterior wall material finish with the exception of those windows permitted in Section (G)(2)(c)(vi).
ii.
Windows shall have a sill projecting a minimum of one inch from the exterior material finish, except for flush-mounted windows permitted in Section (G)(2)(c)(vi).
iii.
Second-floor windows that are facing abutting properties and not oriented towards the interior of the lot shall have a minimum floor to sill height of sixty inches. Any windows that are necessary by the building code for emergency ingress and egress shall be exempt from this requirement only if there are no other alternative options for placement.
iv.
Windows may be of any material permitted by the building code.
v.
No internal grids ("grid-between-glass") shall be permitted.
vi.
Windows that are a slider operation and/or flush-mounted windows shall only be permitted when the existing primary residence or multi-family building was constructed on or after January 1, 1960.
vii.
Any roof and/or wall elements that shelter entryways shall not exceed the height of the accessory dwelling unit at the location of the entryway.
viii.
Double doors shall not be permitted.
d.
Balconies, Stairs and Landings.
i.
Balconies for an accessory dwelling unit or junior accessory dwelling unit shall be oriented towards the interior of the lot and shall not be located where they directly overlook adjacent properties.
ii.
All stairs and landings for an accessory dwelling unit or junior accessory dwelling unit shall be located towards the interior of the lot and not directly face the public realm.
e.
Equipment and Lighting.
i.
Mechanical equipment, including at a minimum, water heaters, HVAC units, and electrical panels, shall not directly face the public realm.
ii.
Exterior light fixtures shall only be located adjacent to entries, stairs, balconies, and outdoor patio areas. All lighting shall be shielded to minimize spillover and directed downwards and away from adjacent properties.
H.
Parking Standards for an Accessory Dwelling Unit.
1.
Off-street parking for an accessory dwelling unit shall comply with the following standards:
a.
A maximum of one off-street parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less, except as otherwise provided in this section.
b.
Any uncovered parking space shall have a minimum width of eight feet and a length of eighteen feet.
c.
Parking may be located in any configuration on the same lot as the accessory dwelling unit, including covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
d.
If a mechanical automobile parking lift is used, it shall be enclosed and may not be located within any setback area.
e.
An uncovered parking space may be located within setback areas on an existing driveway and shall not encroach on the public right-of-way.
f.
A covered or enclosed parking space shall comply with zoning standards.
2.
An accessory dwelling unit shall share the driveway with the existing primary residential dwelling or multiple residential dwelling units. The driveway to the primary residential dwelling or multiple residential dwelling units may be modified to accommodate on-site parking and shall comply with Section 30.32.130. A separate driveway for the accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in which case a driveway from the alley may be added to serve the accessory dwelling unit.
3.
On shared driveways that provide access for multiple lots, such as flag lots, parking shall not be permitted on portions of the driveway that are used to provide access to more than one lot.
4.
No on-site parking is required for an accessory dwelling unit when one or more of the following is applicable:
a.
The property is located within one-half mile walking distance of a public transit stop.
b.
The property is listed on the California Register of Historic Places, Glendale Register of Historic Properties, or any property in an adopted historic district overlay zone with a building identified as a contributing building or structure in an adopted historic resources survey.
c.
When the accessory dwelling unit is located within the existing primary residence or accessory living quarters.
d.
When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
e.
When there is a car share vehicle lot, such as ZIP car, located within one block of the accessory dwelling unit.
f.
When it is a junior accessory dwelling unit.
g.
When an accessory dwelling unit(s) qualifies for approval under subsection (E)(4) or (F)(2) of this section.
h.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section.
5.
Parking spaces shall not be required to be replaced when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit. For purposes of this section, "in conjunction with" means construction of an accessory dwelling unit(s) or conversion that falls within the footprint of the original garage, carport, or covered parking structure that is proposed to be demolished/converted for an accessory dwelling unit.
I.
Covenant and Agreement.
1.
A covenant and agreement shall be executed by the property owner and recorded for a junior accessory dwelling unit prior to final approval of the building permit. The covenant and agreement shall include the following:
a.
The junior accessory dwelling unit shall not be sold separately from the primary residential dwelling.
b.
At all times, the property owner must be an owner-occupant and reside in either the residential dwelling or in the junior accessory dwelling unit.
c.
The junior accessory dwelling unit permit shall run with the land and the junior accessory dwelling unit permit is binding and enforceable on future property owners.
d.
The junior accessory dwelling unit shall be removed at the expense of the property owner if the junior accessory dwelling unit permit is invalidated or terminated, upon violation of this section, or upon cessation of the primary land use as a single-family residential dwelling.
(Ord. 5957 § 8, 2020; Ord. 5997 § 5, 2022; Ord. 6034, 12/3/2024)
§ 30.34.090 Live/work units in the DSP, IND, IMU, IMU-R, SFMU and TOD zones.
In addition to the other provision of the zoning ordinance, live/work units in the DSP, IND, IMU, IMU-R, SFMU and TOD zones shall be subject to the following requirements:
A.
Purpose. This section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities. Live/work units are intended to be occupied by business operators who live in the same structure that contains the commercial or industrial activity. A live/work unit is intended to function predominantly as workspace with incidental residential accommodations.
B.
Applicability and Allowed Uses. The provisions of this section shall apply to live/work units where permitted in the DSP, IND, IMU, IMU-R, SFMU, and TOD zones. Allowable uses for the nonresidential portion of the live/work unit shall be those uses permitted or conditionally permitted in the respective zones for the SFMU, IMU, IMU-R and TOD zones, or, for the DSP zone, those uses permitted or conditionally permitted pursuant to Section 3.3 of the DSP.
C.
Limitations on Use. All uses shall be conducted entirely within a completely enclosed building which is attached to a permanent foundation, other portions of this title notwithstanding.
A live/work unit shall not be established or used in conjunction with any of the following activities:
1.
Adult businesses; or
2.
Other activities or uses, not compatible with residential activities and/or that have the possibility of affecting the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes, as determined by the director of community development.
D.
Development Standards.
1.
Floor area requirements. The minimum total floor area of a live/work space shall be 1,000 square feet within each unit. Not more than 50 percent of the total floor area of each unit shall be used for living space. Floor areas, other than those reserved for living space, shall be reserved and regularly used for working and display space.
2.
Street frontage treatment. Each live/work unit fronting a public street, and located at street level, shall have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential areas of the structure.
3.
Access to units. Where more than one live/work unit is proposed within a single structure, each live/work unit shall be separated from other live/work units and other uses in the structure. Access to individual units shall be from streets, common access areas, corridors, or hallways. Access to each unit shall be clearly identified to provide for emergency services.
4.
Internal layout.
a.
The living space within the live/work unit shall be contiguous with, and an integral part of the working space, with direct access between the two areas, and not as a separate stand-alone dwelling unit.
b.
The residential component shall not have a separate street address from the business component.
E.
Operating Standards.
1.
Occupancy. A live/work unit shall be occupied and used only by a business operator, and/or a household of which at least one member shall be the business operator.
2.
Sale or rental of portions of unit. No portion of a live/work unit may be separately leased, rented, or sold.
3.
Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other impacts associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
4.
On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.
5.
Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit.
F.
Changes in Use. In all zones except DSP or TOD zone, after approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through conditional use permit approval.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 35, 2004; Ord. 5537 § 17, 2006; Ord. 5541 § 27, 2006; Ord. 5747 § 53, 2011; Ord. 6012, 10/10/2023)
§ 30.34.100 Mixed-use development in the DSP, MS, IMU-R, SFMU and TOD zones.
In addition to the other provision of the Zoning Ordinance, mixed-use development in the DSP, IMU-R, SFMU, and TOD zones shall be subject to the following requirements:
A.
Purpose. This section provides locational, developmental, and operational standards for the establishment of mixed-use developments. For the purpose of this section, mixed-use projects are developments that combine commercial retail/office, industrial (except in the DSP and SFMU zones), and residential uses on a single parcel, or as components of a single development.
B.
Mix of Uses. A mixed-use project may only combine commercial retail/office, industrial (except in the SFMU zones), and residential uses. In the SFMU zone, lots having frontage along San Fernando Road, Broadway, and Colorado, require that commercial uses be located along the street frontage.
C.
Loading and Storage Facilities. Loading areas and solid waste storage facilities shall be located as far as possible from the on-site residential units and shall be completely screened from view from adjacent residential portions of the project. The location and design of the solid waste enclosures shall account for potential nuisances from odors.
D.
Exterior Equipment. All exterior mounted equipment shall be screened from view. Special consideration shall be given to the location and screening of noise generating equipment (e.g., air conditioning, exhaust fans, refrigeration units, etc.). Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses.
E.
Hours of Operation. The review authority may restrict the hours of operation of nonresidential uses to mitigate adverse impacts on the residential uses.
F.
Building Design.
1.
Design standards. A mixed-use project shall be designed and constructed to:
a.
Be compatible with and complement adjacent land uses;
b.
Maintain or increase the existing number of residential units generally and specifically those for seniors and low- and moderate-income households; and
c.
Mitigate glare, light, noise, traffic, and other potential environmental impacts to the maximum extent feasible.
d.
Except in the DSP, the architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details shall only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.
2.
Separate entrances. Except in the DSP, when residential and commercial uses are provided in the same structure, separate entrances shall be provided for each use.
3.
Distance between dwellings. Except in the DSP, a minimum distance of 10 feet shall separate exterior walls of separate buildings containing dwelling units on the same lot. The windows or window/doors of any dwelling unit shall not face the windows or window/doors of any other dwelling unit unless separated by a distance of 10 or more feet except where the angle between the walls of the separate dwelling units is 90 degrees or more. Walls parallel to each other shall be considered to be at a zero-degree angle.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 36, 2004; Ord. 5537 § 18, 2006; Ord. 5541 § 28, 2006; Ord. 5807 § 23, 2013; Ord. 6012, 10/10/2023)
§ 30.34.110 SB 9 projects.
A.
Intent and Purpose. This section is intended to provide for the creation of no more than two residential dwelling units (two new units, or adding one new unit to one existing unit) and/or an urban lot split, within a single-family residential zone in a manner that is ministerial and nondiscretionary, consistent with state law. This section shall apply to all parcels in single-family residential zones (ROS, R1R, and R1).
B.
Applicability. This section shall apply to all single-family zones (ROS, R1R, and R1).
C. “Unit” or “residential unit” or “residential dwelling unit” “Lot” and/or “parcel” “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” “SB 9 housing development” “SB 9 lot split” “SB 9 project”
Definitions.
means any dwelling unit or units, as defined in Glendale Municipal Code Section 30.70.050, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
shall have that meaning as set forth in Glendale Municipal Code Section 16.40.180.
mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, density bonus ordinances, and this section.
means the proposed addition or conversion of residential units within a single-family residential zone (ROS, R1R and R1) that meets all of the requirements contained in Government Code Section 65852.21 and/or 66411.7 and the provisions of this section, and results in no more than two residential units per parcel or lot, but in no event shall mean the proposed addition or conversion of a residential unit within a single-family residential zone resulting in only one residential unit per parcel or lot.
means any subdivision of land proposed under Government Code Section 66411.7 and the provisions of this section.
means either or both a SB 9 housing development and/or SB 9 lot split.
D.
General Provisions for SB 9 Projects.
1.
A SB 9 housing development shall be permitted only in a single-family residential zone (ROS, R1R, and R1).
2.
A SB 9 housing development is permitted to have a maximum of two units on a parcel in a single-family residential zone (ROS, R1R, and R1). A maximum of two units means if the SB 9 housing development proposes no more than two new units, or if it proposes to add one new unit to one existing unit. Adding one new unit means construction of a new unit or conversion of an existing building into a unit.
3.
A SB 9 housing development and a SB 9 lot split may be applied for concurrently.
4.
A SB 9 lot split shall conform to all objective requirements of the Subdivision Map Act; and an SB 9 lot split and SB 9 housing development shall conform to all objective zoning and subdivision standards contained in Titles 30 and 16, respectively, of the Glendale Municipal Code, except as otherwise set forth in this section.
5.
Notwithstanding the provisions of this section, the city may deny a SB 9 housing development or SB 9 lot split (collectively, “SB 9 project”) if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed SB 9 housing development or proposed SB 9 lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, per the process outlined below:
a.
Once a SB 9 project application is deemed complete, the application and any pertinent information shall be routed for review by the building official to make a determination as to whether the proposed SB 9 housing development or SB 9 lot split would have a specific, adverse impact (a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete) upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
b.
If the building official makes a determination that the SB 9 project would have a specific, adverse impact (a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete) upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, he or she shall make one or more findings of such impact or impacts, based on the preponderance of the evidence, and shall recommend denial of such project.
c.
Upon review of the building official’s findings and recommendation of denial, the director of community development shall issue a written decision to deny the SB 9 project. The director of community development shall publish the written decision with the building officials’ findings on the city’s website, which denial shall be appealable to the planning commission, then to the city council, pursuant to the procedures set forth in Glendale Municipal Code Chapter 30.62.
d.
In addition to any existing objective public health or safety standards, policies or conditions, the following objective standards and policies shall apply in any review of a SB 9 project by the building official under this section:
i.
A SB 9 project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant and unavoidable impact or effect on the environment.
ii.
The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in Public Resources Code Section 5024.1(g) shall not preclude the city from determining whether the resource may be an historical resource. The resource shall be reviewed, evaluated, and processed pursuant to the factors, criteria and requirements contained in the Glendale Municipal Code related to historic preservation, including, but not limited to, factors, criteria and requirements contained in Chapter 15.20. The city may require the applicant to commission or prepare additional reports, studies or analyses in order to determine whether the resource may be an historical resource.
iii.
The city’s building official, in consultation with the director of community development and planning division, will evaluate and make a determination, based on substantial evidence, whether the building, structure or site being affected by the SB 9 project is a historic resource, and whether a SB 9 project may cause a substantial adverse change in the significance of a historic resource.
iv.
As used in this section “a substantial adverse change” means demolition, destruction, relocation or alteration of the resource or its immediate surroundings resulting in the significance of the resource being materially impaired. The significance of a resource is “materially impaired” when the physical characteristics that convey its historical significance and that justify its designation as a historical resource are demolished or materially altered in an adverse manner.
E.
Standards Specific to SB 9 Housing Developments. The following standards apply to SB 9 housing developments:
1.
The SB 9 housing development shall not be located within a historic district or on property that is included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is or contains buildings, sites, objects, structures, neighborhoods, cultural landscapes, and archaeological sites, that are designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
2.
The parcel on which the SB 9 housing development is proposed shall satisfy the requirements set forth in Government Code Section 65913.4(a)(6)(B—K).
3.
The SB 9 housing development shall not require demolition or alteration of any of the following types of housing:
a.
A dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b.
A dwelling unit that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or
c.
A dwelling unit that has been occupied by a tenant in the last three years.
4.
The parcel on which the SB 9 housing development is proposed shall not be a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
5.
If one or more of the units of a SB 9 housing development have been occupied by a tenant in the last three years, no more than 25% of the existing exterior walls shall be demolished.
6.
Any proposed SB 9 housing development with unit(s) that are or will be connected to an on-site wastewater treatment system shall be required to complete a percolation test within the last five years, or, if the percolation test has been recertified, within the last 10 years consistent with Government Code Section 65852.21(c)(2).
7.
New construction or any addition to an existing building for one or more units of a SB 9 housing development shall not be located between any existing or proposed residential unit and the street front and street side setback line.
8.
In cases where a parcel contains an existing accessory building which is defined as “R” Occupancy per Chapter 3 of the California Building Code, such as living quarters and/or guest house, cabana, pool house, recreation room, workshop, studio, rumpus room and similar, a SB 9 housing development may be built only if such building(s) is either demolished or converted to a code-compliant residential unit.
9.
In cases where a parcel contains a SB 9 housing development, an accessory building which is defined as “R’” Occupancy per Chapter 3 of the California Building Code, such as living quarters and/or guest house, cabana, pool house, recreation room, workshop, studio, rumpus room and similar shall not be permitted.
10.
Rental of any unit or part of a unit resulting from any SB 9 project shall be for a term longer than 30 days. Home-sharing pursuant to Chapter 5.110 shall be prohibited in a SB 9 housing development.
11.
The units of a SB 9 housing development located on one parcel and/or lot shall not be sold separately from each other.
12.
New construction (attached or detached) of, and/or conversion of existing living area or existing accessory building to, units for a SB 9 housing development shall have a minimum square footage of an “efficiency unit”, as defined in California Health and Safety Code Section 17958.1, and a maximum square footage of 800 square feet.
13.
Notwithstanding the development standards for floor area ratio, height, lot coverage, and permanently landscaped open space set forth in Title 30 of the GMC, an applicant shall be entitled to develop a SB 9 housing development with units that are 800 square feet or less in size (for each new permitted unit), provided the unit provides four foot minimum interior setbacks (subject to the exception set forth in subsection (E)(14) below for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building).
14.
No additional setback shall be required for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building that is converted to a SB 9 unit, and a setback of no more than four feet from an interior lot line shall be required for a SB 9 unit that is not converted from an existing building constructed in the same locations and to the same dimensions as an existing building.
F.
Design Standards for SB 9 Housing Developments. The following objective design standards apply to an SB 9 housing development:
1.
SB 9 housing development proposing new construction of a residential dwelling unit (“new SB 9 unit”) with an existing residential dwelling unit retained.
a.
Height and massing.
i.
Height.
(A)
The new SB 9 unit with a pitched roof (minimum three feet in 12 feet) shall have a maximum height of 16 feet.
(B)
The new SB 9 unit with a flat roof shall have a maximum height of 12 feet and shall include a parapet which shall not be more than 18 inches above the highest portion of the flat roof.
(C)
The new SB 9 unit with a combination of a pitched and flat roof shall have maximum heights of 16 feet at the pitched roof and 12 feet at the flat roof.
ii.
Roof form. The roof form of the new SB 9 unit shall match the roof form of the existing residential dwelling. For an existing residential dwelling with multiple roof forms, the roof of the new SB 9 unit shall match at least one of the roof forms of the existing residential dwelling.
iii.
Breaks in building volume.
(A)
For an interior lot, the street-facing facade of the new SB 9 unit shall have a change in plane with a minimum depth of 18 inches.
(B)
For a corner lot, the new SB 9 unit facades facing the street and street-side frontages shall have a change in plane with a minimum depth of 18 inches at each façade.
b.
Materials.
i.
Exterior wall cladding.
(A)
Except as indicated in subsections (F)(1)(b)(i(F) and (F)(1)(b)(i)(G) below, the new SB 9 unit shall have a minimum of two wall cladding materials at all exterior wall surfaces.
(B)
All cladding materials shall wrap exterior corners and either wrap the entire building or terminate at inside corners.
(C)
The following cladding materials may be used: wood or cementitious siding (i.e. lap siding, tongue-and-groove/interlocking boards, board-and-batten, shingle), stucco, brick, veneer brick, natural stone, and pre-cast stone.
(D)
If siding is located solely at only the base of the building (wainscoting), it must span from the lowest edge of the wall to the height of the window sills.
(E)
Use of stucco shall be limited to a maximum of 60% of the total exterior wall surface of any building.
(F)
If the roof of the existing residential dwelling is clad with Spanish-tiles (one or two piece clay or concrete tiles with a curved profile), 100% of exterior wall surfaces of the new SB 9 unit building shall be clad with stucco.
(G)
If the existing residential dwelling is clad entirely with horizontal and/or shingle siding, 100% of exterior wall surfaces of the new SB 9 unit building shall be clad with horizontal and/or shingle siding.
ii.
Roof cladding.
(A)
Pitched roofs on the new SB 9 unit shall be clad with a material that matches the roof of the existing residential dwelling in terms of material, color, texture, dimensions, shape, and profiles.
(B)
Flat roofs may be clad with any material permitted by the building code.
(C)
If the flat-roofed portion of an existing residential dwelling has Spanish-tile (one or two piece clay or concrete tiles with a curved profile) parapet caps, any flat-roofed portion of the new SB 9 unit shall have parapet caps that match the existing parapet caps of the existing residential dwelling unit in terms of material, color, texture, dimensions, shape, and profiles.
(D)
If the flat-roofed portion of an existing residential dwelling does not have Spanish-tile parapet caps, any flat-roofed portion of the new SB 9 unit shall have parapets with an upper surface designed to shed water or a sheet-metal parapet cap that is finished at its outward-facing surface to match the color of the adjacent wall cladding.
2.
SB 9 housing development proposing construction of new SB 9 units on a vacant parcel or lot.
a.
Height and massing.
i.
Height.
(A)
SB 9 unit(s) with a pitched roof (minimum three feet in 12 feet) shall have a maximum height of 16 feet.
(B)
SB 9 unit(s) with a flat roof shall have a maximum height of 12 feet and shall include a parapet which shall not be more than 18 inches.
(C)
SB 9 unit(s) with a combination of pitched and flat roof shall have maximum heights of 16 feet at the pitched roof and 12 feet at the flat roof.
ii.
Roof form. The following roof forms may be employed: front gable, side gable, cross gable, hip, cross hip, gable-on-hip, hip-on-gable, shed, gambrel, flat. The new SB 9 unit(s) may have more than one roof form.
iii.
Breaks in building volume.
(A)
For an interior lot, the street-facing façade of the new SB 9 unit(s) shall have a change in plane with a minimum depth of 18 inches.
(B)
For a corner lot, the new SB 9 unit(s) façades facing the street and street-side frontages must have a change in plane with a minimum depth of 18 inches at each façade.
b.
Materials.
i.
Exterior wall cladding.
(A)
Except as indicated in subsection (F)(2)(b)(i)(F) below, any SB 9 unit(s) shall have a minimum of two wall cladding materials at all exterior wall surfaces.
(B)
All cladding materials shall wrap exterior corners and either wrap the entire building or terminate at inside corners.
(C)
The following cladding materials may be used: wood or cementitious siding (i.e. lap siding, tongue-and-groove/interlocking boards, board-and-batten, shingle), stucco, brick, veneer brick, natural stone, and pre-cast stone.
(D)
If siding is located solely at only the base of the building (wainscoting), it must span from the lowest edge of the wall to the height of the window sills.
(E)
Use of stucco shall be limited to a maximum of 60% of the total exterior wall surface of any building.
(F)
If the roof is clad with Spanish-tiles (one or two piece clay or cement tiles with a curved profile), 100% of exterior wall surfaces of the new SB 9 building shall be clad with stucco.
ii.
Roof cladding.
(A)
Pitched roofs on new buildings may be clad with asphalt composite shingles, faux wood shingles, curved clay or lightweight concrete tile (Spanish-tile), flat clay or lightweight concrete tile, slate, synthetic slate, metal shingles, or standing-seam metal. Per subsection (F)(2)(b)(i)(F) above, Spanish-tile may only be used for buildings with exterior walls clad only with stucco.
(B)
Flat roofs may be clad with any material permitted by the building code.
(C)
Buildings incorporating both pitched- and flat-roofed areas and using Spanish-tile roof cladding, shall have parapets around the flat roof capped with the same roofing material.
(D)
Buildings incorporating both pitched- and flat-roofed areas, other than those described in subsection (F)(2)(b)(ii)(C) above, shall have parapets around the flat roof with an upper surface designed to shed water or with a sheet-metal parapet cap that is finished at its outward-facing surface to match the color of the adjacent wall cladding.
3.
Details and design standards applicable to All SB 9 housing developments.
a.
Windows.
i.
Windows shall be recessed a minimum of one inch from the face of the window frame to the face of the exterior wall material finish.
ii.
Windows shall have a sill projecting a minimum of one inch from the exterior wall material finish.
iii.
Window at the street front and street-side facing façade shall make up a minimum of 20% of the wall area.
G.
Standards Specific to SB 9 Lot Splits. The following standards and criteria apply to SB 9 lot splits:
1.
A SB 9 lot split may subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.
2.
A SB 9 lot split shall not create a parcel smaller than 1,200 square feet.
3.
Neither of the parcels resulting from a SB 9 lot split shall be located within a historic district or included, or contain buildings, sites, objects, structures, neighborhoods, cultural landscapes, and archaeological sites that are included, on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site, or contain buildings, sites, objects, structures, neighborhoods, cultural landscapes, and archaeological sites, that are designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
4.
The parcels resulting from a SB 9 lot split shall satisfy the requirements set forth in Government Code Section 65913.4(a)(6)(B—K).
5.
The proposed SB 9 lot split shall not require demolition or alteration of any of the following types of housing:
a.
A dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b.
A dwelling unit that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
c.
A dwelling unit located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or
d.
A dwelling unit that has been occupied by a tenant in the last three years.
6.
The subject parcel proposed to be subdivided shall not have been created through a prior SB 9 lot split application.
7.
Neither the owner of the subject parcel proposed to be subdivided, nor any person acting in concert with the owner, shall have previously subdivided an adjacent parcel through approval of a SB 9 lot split. For purposes of this section, “acting in concert with the owner” means participating jointly, either through actions or agreement, toward a common goal.
8.
A SB 9 lot split shall result in a maximum total of four units on the lot as it existed prior to the SB 9 lot split, inclusive of any existing, converted or new accessory dwelling unit, as defined in Government Code Section 65852.2, or junior accessory dwelling unit, as defined in Government Code Section 65852.22. In no event shall a SB 9 lot split that results in a maximum of four units on the lot as it existed prior to the SB 9 lot split be allowed to add any new unit(s), inclusive of any existing, converted or new units, as defined in this section.
9.
Any SB 9 housing development proposed on a lot resulting from a SB 9 lot split shall comply with all applicable requirements set forth in this section and the Glendale Municipal Code applicable to a SB 9 housing development. Any non-SB 9 housing development proposed on a lot resulting from a SB 9 lot split shall comply with all applicable requirements set forth in the Glendale Municipal Code applicable to development of one residential dwelling unit. An accessory dwelling unit, as defined in Government Code Section 65852.2, or a junior accessory dwelling unit, as defined in Government Code Section 65852.22, remaining on a lot by itself (i.e., without the primary dwelling unit) as a result of a SB 9 lot split, shall count as a “unit” for purposes of this section.
10.
A SB 9 lot split shall not be subject to any dedication of right-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a SB 9 lot split.
11.
A SB 9 lot split may be subject to any of the following conditions:
12.
The following objective subdivision standards apply to a SB 9 lot split:
a.
Lot lines. The lot lines of any SB 9 lot split shall be at right angles to the street which the lot faces, or radial if the street is curved.
b.
Lot frontage. Lots resulting from a SB 9 lot split shall front on a dedicated improved public street or private street. For the purposes of this section, “improved” means any public street that has curb and gutter and asphalt pavement.
c.
Minimum lot width. The lot frontage of lots resulting from a SB 9 lot split shall have a minimum width of 12 feet.
d.
Double frontage lots. Lots resulting from a SB 9 lot split shall not have double frontage, except on corner lots.
H.
Parking Standards for SB 9 Projects.
1.
2.
Unless otherwise exempt by this section, off-street parking for a SB 9 housing development shall comply with the following standards:
a.
Any uncovered parking space shall have a minimum width of eight feet and a length of 18 feet.
b.
Parking may be located in any configuration on the same lot as the SB 9 housing development, including covered spaces, uncovered spaces, or tandem spaces.
c.
An uncovered parking space may be located within setback areas on an existing driveway and shall not encroach on the public right-of-way.
d.
A covered or enclosed parking space shall comply with zoning standards.
3.
To prevent additional curb-cuts for access to required parking, a SB 9 housing development shall share the driveway with the existing residential dwelling unit, where one exists. The driveway to the existing residential dwelling unit may be modified to accommodate on-site parking and shall comply with Section 30.32.130. A separate driveway for the SB 9 housing development shall not be provided, except where the lot is adjacent to an alley, in which case a driveway to the alley may be added to serve the SB 9 unit.
4.
A SB 9 housing development proposed on a vacant lot shall accommodate required onsite parking provided by a singular shared driveway subject to Glendale Municipal Code Section 30.32.130.
5.
On shared driveways that provide access for multiple lots, such as flag lots, parking shall not be permitted on portions of the driveway that are used to provide access to more than one lot.
6.
Shared driveways required for SB 9 projects shall execute a reciprocal access agreement.
I.
Covenant and Agreement.
1.
The property owner applying for a SB 9 housing development shall execute and record a covenant and agreement that shall contain the following:
a.
The residential dwelling units that constitute the SB 9 housing development shall not be sold separately from each other.
b.
All required on-site parking for the lot identified in the SB 9 housing development permit shall remain available for the residential dwelling unit(s) and shall not be rented separately to non-residents.
c.
The property owner shall comply with one of the following requirements: (i) the property owner must be an owner-occupant and reside in at least one of the residential dwelling units that constitute the SB 9 housing development; or (ii) if the property owner does not reside in at least one of the residential dwelling units that constitute the SB 9 housing development, then the property owner shall only rent or lease the property as a single rental property and shall not rent or lease the residential dwelling units separately from each other.
d.
Short-term rentals 30 days or less are prohibited for either of the residential dwelling units that constitute the SB 9 housing development. Home-sharing pursuant to Chapter 5.110 shall be prohibited.
e.
The SB 9 housing development permit and covenant shall run with the land and is binding and enforceable on future property owners.
f.
The residential units that constitute the SB 9 housing development shall be removed at the expense of the property owner if either of the units are terminated or upon violation of this Section or upon cessation of the primary land use as multi-family residential dwellings.
2.
The property owner of a parcel applying for a SB 9 lot split shall execute and record a covenant and agreement that shall contain the following:
a.
All required onsite parking for the lot identified in the SB 9 lot split approval shall remain available for the existing or proposed residential dwelling unit(s) and shall not be rented separately to non-residents.
b.
Short-term rentals 30 days or less are prohibited for any of the residential dwelling units resulting from the SB 9 lot split. Home-sharing pursuant to Chapter 5.110 shall be prohibited.
c.
If the SB 9 lot split results in the maximum total of four units on the lot as it existed prior to the SB 9 lot split, inclusive of any existing, converted or new accessory dwelling unit, as defined in Government Code Section 65852.2, or junior accessory dwelling unit, as defined in Government Code Section 65852.22, in no event shall any new unit(s), inclusive of any existing, converted or new unit(s) (as defined herein) be added.
d.
The SB 9 lot split approval and covenant shall run with the land and is binding and enforceable on future property owners.
e.
The residential units resulting from the SB 9 lot split shall be removed at the expense of the property owner if either of the units are terminated or upon violation of this section or upon cessation of the primary land use as multi-family residential dwellings.
f.
A written statement signed under penalty of perjury (affidavit) attesting that the property owner intends to occupy at least one of the residential dwelling units resulting from the SB 9 lot split as his/her/its principal residence for a minimum of three years from the date of the approval of the SB 9 lot split application. This requirement shall not apply to an owner or applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 if the Revenue and Taxation Code. This statement shall not be a covenant that runs with the land and shall only be binding and enforceable upon the current property owner.
3.
The property owner for a SB 9 housing development and/or a SB 9 lot split shall prepare, execute and record, at its cost, a covenant, which, at minimum, creates mutual easements and reciprocal use agreements for cross-access, cross-drainage and shared public utility services or fire suppressions systems in a manner which affords adequate access, drainage and public services to/from a dedicated public street for the benefit of any lot.
(Ord. 5997 § 6, 2022)
§ 30.34.120 Parking structures.
In addition to the standards required in Chapter 30.32 (Parking and Loading), the following regulations shall apply in the DSP, IND, IMU, IMU-R and SFMU zones, and in the TOD II zone for hospital uses.
B.
Access and Circulation.
1.
Vehicle stacking areas for entering and exiting traffic shall be sufficiently long to minimize the back up of traffic onto surrounding streets or within the structure. A minimum of two vehicle lengths of stacking distance shall be provided between the street and the control gate.
2.
One inbound lane shall be provided for a structure with a capacity of up to 500 vehicles. At least two inbound lanes shall be provided for structures with a capacity of 500 or more vehicles.
3.
Exit lanes shall be provided at a ratio of one lane for each 200 250 vehicles. The maximum aisle length shall not exceed 400 feet without providing a cross aisle.
4.
Ramp grades shall not exceed 10 percent and parking areas shall not exceed a slope of four to five percent.
C.
Lighting and Security.
1.
A minimum of five footcandles shall be provided inside the structure and a minimum of three footcandles for exterior parking areas. Higher levels are recommended for remote areas subject to security problems (e.g., stairways, elevators, and other pedestrian access points). Minimum illumination, levels measured at the level of the floor, shall be as provided in Table 30.34-A:
Table 30.34-A Minimum Illumination Levels | |
|---|---|
Facility | Illumination Level |
Stairways and exits | 5 footcandles |
Interior driving aisles, centerline | 5 |
Interior parking areas at barrier railings | 0.5 |
Roof parking areas | 0.5 |
2.
Lighting levels shall be equally distributed to provide uniform illumination over all parking areas.
3.
Light sources shall be shielded so that the source of the illumination is not seen from outside the structure.
4.
The architectural design of the structure should eliminate possible hiding places and openings that could allow random pedestrian access.
5.
During periods when parking activity is substantially less than the structure capacity, as during night operations, there shall be a means of securing unused parking levels from use, including stairwells and elevators. If the structure is not operated on a 24-hour basis the entire facility shall be secured from access during hours when the facility is closed.
6.
For security reasons, at least one or two sides of the stair tower should include glass running vertically the height of the tower. Elevators should be provided with glass-back cabs and shafts.
7.
Stairs and elevators should be located adjacent to a street on the exterior of the structure where lobbies can be exposed to outside view.
D.
Building Design.
1.
Parking structures shall be designed to help reduce the mass and scale of the structure and to ensure their compatibility with surrounding uses. The following design guidelines shall be implemented to the greatest extent feasible whenever they apply.
2.
Conceal view of vehicles in the structure through a combination of screen walls and plantings.
3.
Design the structure's exterior elevations to avoid a monolithic appearance. This can be accomplished as follows:
a.
Minimize horizontal and vertical banding by balancing both horizontal and vertical elements.
b.
Use simple, clean geometric forms, and coordinated massing. Step back upper levels of the structure.
c.
Coordinate openings in the parking structure with the size and modulation of adjacent windows, structural bays, and storefronts if the parking structure contains other uses.
d.
Size openings in the parking structure to resemble large windows as in an office building.
e.
Use masonry materials that are predominantly light in color, but avoid unpainted concrete.
f.
Avoid a sloping ramp appearance by providing level and uniform spandrels.
g.
Visually define and differentiate between pedestrian and vehicular entrances through appropriate architectural detailing.
(Ord. 5399 Attach. A, 2004; Ord. 5416 § 38, 2004; Ord. 5541 § 29, 2006; Ord. 6012, 10/10/2023)
§ 30.34.140 Tire stores.
Notwithstanding other provisions of this chapter, all tire stores shall conform to the requirements specified in this section. No building, structure or land shall be used and no building or structure shall be erected, enlarged or established for any tire store unless the following limitations are complied with:
A.
Activities must be conducted within a building. There shall be no hoists or wheel alignment racks outside. All goods and equipment shall be stored, and activities maintained or carried on inside a building unless the opening to the service area is inadequate for vehicular entry; in that case the sale and installation of tires, brakes, shock absorbers or batteries maybe carried on outside the building.
B.
Tires taken in trade that have no more than a salvage value, or tires taken in trade which require retreading to be saleable to the general public must be stored in a solid wall enclosure a minimum of five and one-half (5½) feet high. No tires or other material shall be stacked higher than the enclosure. Such enclosure shall be located in the rear portion of the property.
C.
No recapping, retreading or tire rebuilding shall be permitted.
D.
Not more than one merchandise display shall be permitted outside the building, which display shall not exceed 44 inches in height above the sidewalk surface or ground level on which it is located and shall not be more than 40 inches in width nor more than a total of 10 linear feet in length.
E.
No servicing of trucks in excess of one and one-half-ton capacity or industrial equipment of any type or character shall be permitted.
F.
No driveway access may be located nearer than five feet to the beginning of a curve of a street corner or nearer than five feet from an interior property line.
G.
No miscellaneous items, products, equipment, vehicles or signs shall be permitted on any corner formed by intersecting streets within that triangular area between the property line adjacent to the public right-of-way and a diagonal line joining points on said property lines 25 feet from their point of intersection or, in the case of rounded corners, the areas between the tangent to the curve and a diagonal line adjoining points on such tangents 25 feet from the point of intersection. Area lighters shall be permitted within the area designated in this subsection, provided the top of such fixture shall not exceed a height of 15 feet above the sidewalk surface or ground level on which it is located. Such area lighters used to illuminate the lot shall be so arranged as to substantially deflect light away from and avoid undue annoyance to any residential properties and shall not constitute a hazard to vehicle operators on the public street or those entering and leaving the premises. Landscape lighting fixtures shall be permitted within the area designated in this subsection, provided such fixtures are installed in close proximity to the ground, but in no event to exceed three feet in height, and of such intensity as not to constitute hazard to vehicle operators on the public street or those entering and leaving the premises.
H.
Minimum five-foot-wide planters shall be provided along the interior property lines where adjacent to residentially zoned areas that shall be landscaped and irrigated as provided in this Chapter. Trees shall be planted along any interior property line abutting a residential zone boundary to provide an effective screen. An average of one tree shall be planted for each 20 feet of such interior property line, exclusive of trees required pursuant to the provisions of Section 30.32.120. Such trees shall be provided with sufficient tree well area for the tree type and surrounding area and shall be of a minimum size of 24 inches boxed.
I.
Final plans shall be approved by the director of community development as to conformity with the aforesaid requirements precedent to the issuance of a building permit.
(Ord. 5416 § 3, 2004; Ord. 5537 § 20, 2006; Ord. 5747 § 54, 2011)
§ 30.34.145 Towing service and impound yard.
Impounded or stored vehicles (whether operative, inoperative, or wrecked), or parts thereof, may only be stored for a maximum period of 190 days on the site, except for specific cases where: the city, its police department, or another law enforcement agency orders or requests the impounding or storage of a vehicle or parts for a longer period, and an owner or operator of a towing service and impound yard submits a copy of the order or the request to the director of community development or a designee; or a court with jurisdiction orders the impounding or storage of a vehicle or parts for a longer time period; or an owner or operator of a towing service and impound yard submits a document or other evidence, satisfactory to the director of community development or a designee, showing that a lawsuit (that opposes or contests the towing service and impound yard’s right to lien sell a vehicle or parts) was filed in court, the lawsuit is pending, and the court has ordered the towing service and impound yard to store the vehicle or parts until the lawsuit’s conclusion. In the above cases, the 190 day time limit shall be extended according to the time period requested or ordered, or until conclusion of the lawsuit.
(Ord. 5645 § 29, 2009; Ord. 5747 § 55, 2011)
§ 30.34.150 Vehicle repair garages and body shops and painting booths.
Notwithstanding other provisions of this chapter, all vehicle repair garages and body shops and painting booths shall conform to the requirements specified in this section. No building, structure or land shall be used and no building or structure shall be erected, enlarged or established for any vehicle repair garage unless the following limitations are complied with:
A.
Activities must be conducted within a building. All goods and equipment shall be stored, and activities maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside of a building.
B.
No work station used for the repair of vehicles, for body work, or for vehicle painting may be credited toward meeting the parking requirement.
C.
In the C3, IMU and IMU-R zones, no servicing of trucks in excess of one and one-half (1½) ton capacity or industrial equipment of any type or character shall be permitted.
D.
In addition to the other requirements of this zone, planters, a minimum of five feet in width shall be provided along the property lines where adjacent to residentially zoned areas. Trees shall be planted along any interior property line abutting a residential zone boundary to provide an effective screen. An average of one tree shall be planted for each 20 feet of such interior property line, exclusive of trees required pursuant to the provisions of Section 30.32.120. Such trees shall be provided with sufficient tree well area for the tree type and surrounding area and shall be of a minimum size of 24 inches boxed.
(Ord. 5416 § 4, 2004; Ord. 5537 § 21, 2006)
§ 30.34.160 Vehicle sales, leasing and rental agencies.
Notwithstanding other provisions of this chapter, all businesses engaged in the sale, leasing or rental of vehicles shall conform to the requirements of the provisions specified in this section. No building, structure or land shall be used, and no building or structure shall be erected, structurally altered, enlarged or established for any vehicle sales, leasing or rental lot unless the following limitations are complied with:
A.
The minimum lot area shall be 13,000 square feet.
B.
In the C3, CH, CA, IMU and IMU-R zones, gross weight of vehicles for sale, lease or rent shall not exceed 15,000 pounds.
C.
Where an outdoor vehicle storage or sales display area adjoins a street right-of-way, there shall be a minimum 30-inch wide, fully landscaped parking setback area along the entire street frontage(s) except at driveways in accordance with the requirements for landscaping of parking areas contained in Chapter 30.32 of this title.
D.
Where outdoor vehicle storage or sales display areas abut a residential zone or an alley, there shall be a minimum five and one-half (5½) foot high decorative masonry wall separating such vehicle storage or display areas from the residentially zoned property or alley. Where a wall abuts an alley, no gate or other opening shall exceed 20 feet in width. No barbed wire, razor wire or other hazardous materials shall be placed on top of the wall.
(Ord. 5416 § 5, 2004; Ord. 5765 § 25, 2012; Ord. 5803 § 100, 2013)