Monterey Park City Zoning Code
CHAPTER 21
15 OVERLAY ZONES-P-D-PLANNED DEVELOPMENT DISTRICT ZONE
§ 21.15.010 Created-Designated-Procedure.
(A)
The minimum area for all P-D designated districts is two acres, except for mixed-use areas specified in the General Plan.
(B)
Planned Development Districts must be created in the same manner as property is reclassified from one zone to another within the City, as set forth in Chapter 21.38, Amendments, of this title. When a P-D district has been so created, it must be designated upon the zoning map of the City as an overlay zone by adding the parenthetically enclosed letters "P-D" after the zoning symbol indicating the zone in which the subject property is included.
(C)
The change of classification shall be determined pursuant to the procedure set forth in Chapter 21.38, Amendments, of this title and a conditional use permit must be prepared for the project developed on the property so classified.
(D)
A conditional use permit that is not applicable to a mixed-use designated land use area and does not adhere to standards of development in the R and C zones may be approved when such plan fulfills the purpose of a P-D district.
(E)
A change in the conditional use permit enacted within a P-D district must constitute a reclassification of property, and such change shall be determined pursuant to Chapter 21.38, Amendments, of this title.
(F)
No development of the subject site can begin and no building permit must be issued in any case until a conditional use permit of a planned development is approved by the Planning Commission and/or the City Council as set forth hereafter.
(Ord. 2097 § 3, 2013; Ord. 2135 § 9, 2016; Ord. 2190 § 7, 2020)
§ 21.15.020 Purpose.
The purpose of the precise plan of design overlay zone is as follows:
(A)
The P-D district is intended to provide design flexibility in achieving the purpose and intent of other base zoning districts with which it is combined. Application of the Planned Development district is intended to assist in achieving consistency with the policy and intent of the General Plan by allowing flexibility in site design where superior quality attainment can be enhanced by such flexibility. The purpose of this chapter is to achieve the following:
(1)
Provide optional design flexibility in establishing the uses permitted in the various zoning districts, primarily within opportunity areas derived from the General Plan.
(2)
Stimulate quality development which exhibits excellence in design, architecture, and site amenities.
(3)
Integrate uses where more than one use is to be accommodated in a development project.
(4)
Achieve a level of protection of adjacent uses, where necessary, similar to that afforded by conventional site development standards.
(5)
Create ways of developing difficult properties because of their unusual size, configuration or surrounding conditions.
(B)
To prevent the development of structures or uses which are not of acceptable exterior design or appearance, or are of inferior quality or likely to have depreciating or negative effect on the local environment or surrounding area by reason of use, design, appearance or other criteria affecting value.
(C)
To assure compatibility in the permitted use and enjoyment of property for which rezoning or overlay is sought while at the same time imposing regulations and restrictions on such zoned property to protect the use and enjoyment of surrounding properties to the same degree and extent as if such rezoning or overlay were denied.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.030 Mixed-Use Opportunity.
The General Plan uses mixed-use development as a critical component of its goals to establish the City's downtown and other designated commercial corridors as vibrant mixed-use districts that provide opportunities for new commercial and residential development in a pedestrian oriented environment. The purpose of this chapter is to encourage a creative and more efficient approach to the use of land and to provide for greater flexibility in the design of integrated developments than otherwise possible through strict application of zoning and planning regulations. It is the intent of a planned development district to create:
(A)
Diversification in the location of structures and other site qualities while ensuring compliance with the General Plan and compatibility with existing and future developments in surrounding areas;
(B)
Opportunities to revitalize older commercial corridors by leveraging the housing market;
(C)
New housing and innovative retail that is less automobile dependent;
(D)
Housing within walking distance of existing businesses providing new customers;
(E)
Pedestrian-friendly neighborhoods and enhanced community character;
(F)
Compatibility with transit access along local corridors;
(G)
A coherent architectural style which establishes a clear and distinct image of the development project, whether developed as a unit or in phases;
(H)
Varied and articulate building footprints and wall façades, including height variations and roof lines, consistent with the architectural style;
(I)
Extensive landscaping beyond standard district minimums and provision of mature specimen trees and shrubs;
(J)
Sensitive integration of buildings, open space, landscape and hardscape areas to achieve an overall sense of place;
(K)
Quality materials, with appropriate use of colors, textures and materials which enhance the total effect;
(L)
Effective screening of mechanical equipment, trash areas and other ancillary uses, both in terms of on-site and off-site visual impacts;
(M)
Effective softening of parking, loading and drive areas with landscaping, buffering and lighting;
(N)
Energy efficiency, achieved through building design or orientation, materials and natural lighting;
(O)
Provision of pedestrian, bicycle and bus access to and where feasible, within the site including connection to City or regional networks, to reduce dependence on the automobile;
(P)
A vibrant mixed-use environment that is attractive to national and regional credit retail tenants.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.040 Permitted Uses.
(A)
The following uses shall be permitted in the P-D districts:
(1)
Any use permitted in any R and C zones, subject to regulations set forth in this chapter;
(2)
Mixed-use developments and commercial developments permitted in the Mixed-Use I (MU-I), Mixed-Use II (MU-II), Mixed-Use III (MU-III) areas, subject to compliance with the General Plan and regulations and standards set forth in this chapter.
(B)
No person shall construct or maintain any building or structure for use on any lot in a P-D district unless:
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.050 Principal Uses in Mixed-Use Developments and Commercial Developments.
For mixed-use developments in areas designated as Mixed-Uses I, II, and III in the General Plan, all commercial uses in underlying zones and residential uses listed in the R-3 Zone when part of a mixed-use development shall be permitted subject to the following conditions:
(A)
The ground floor building frontage at Atlantic Boulevard, Garvey Avenue and Garfield Avenue shall be devoted to retail, restaurant uses, and other uses that generate pedestrian activity, provided that such uses are determined by the City Planner to be appropriate and supportive of creating a dynamic retail environment and conducive to creating a pedestrian-friendly environment. Any person aggrieved by the decision, determination or action taken by the City Planner shall have the right of appeal to the Planning Commission pursuant to Chapter 21.32, Permit Procedures. Residential units and live/work uses are not permitted on the ground floor in the MU-I area. Medical facilities shall be permitted on the ground floor fronting on Baltimore Avenue only in the MU-III area. The ratio of pedestrian-oriented commercial uses to the total ground floor uses may vary depending on unique site conditions. However, in the MU-I classification, a minimum of 80% of the ground floor building frontage, excluding driveways shall be commercial ground floor uses that generate pedestrian activity.
(B)
Non-retail uses such as professional office, medical offices, etc., may be allowed within MU zones if such use is setback a minimum distance of 60 feet from the front property line.
(C)
Residential uses are permitted above the ground floor. Lobbies, stairwells, elevators, and entries for residential units are permitted on the ground floor. Recreation rooms for the use of both residents and visitors may also be permitted on the first floor if located greater than 60 feet from the front property line.
(D)
Offices, including professional offices, shall be developed only in conjunction with retail and restaurant uses. The ground floor street level of a multistory office structure shall contain a minimum of 80% retail or restaurant uses along the building frontage as defined herein.
(E)
Auto sales and rentals, repairs and service are not permitted in any MU areas. Existing auto related businesses shall comply with Chapter 21.30, Nonconforming Uses, Buildings and Structures.
(F)
All commercial activities shall be conducted wholly within an enclosed building, except that restaurants may have outdoor eating areas. Retail kiosks and wireless computer services may be permitted in outdoor plazas/public gathering spaces. Temporary commercial activities may be permitted outdoors for special events such as farmer's markets and community cultural fairs and other outdoor events, as determined by the City Planner with a temporary use permit.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.070 Accessory Uses in Mixed-Use Developments and Commercial Developments.
In mixed-use developments and commercial developments, the following accessory uses are permitted:
(A)
Auditoriums, meeting facilities and parking structures shall be allowed with a conditional use permit.
(B)
Household Pets. Owners of household pets shall be subject to Title 8 of this code, any restrictions imposed by applicable CC&Rs, and any other policies or regulations by an applicable homeowners' association.
(C)
Other accessory uses determined by the Planning Commission to be compatible with the designated area.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.080 Prohibited Uses.
(A)
The following uses shall be prohibited in all mixed-use development areas:
(1)
Drive-through businesses;
(2)
Auto sales, rentals, repairs, or other commercial auto uses;
(3)
Gas stations;
(4)
Wholesale businesses, including warehousing and distribution;
(5)
Storage facilities;
(6)
Bars not associated with restaurants;
(7)
Manufacturing uses, except where manufacturing is directly related to the on-site retail uses, occupies less than 30% of the gross floor area, and all goods manufactured are sold at retail on-site;
(8)
Any use, when such use is determined to be hazardous in nature, either by virtue of activity or product, or through the emission of noise, pollutants or hazardous effluents;
(9)
Any use which uses or stores a hazardous material that has a degree of hazardous rating in health, flammability or reactivity of Class 4 by U.F.C. Standard 79-3 or succeeding standards, any use which involves the mixing or handling of hazardous or toxic chemicals, materials or products, or any use which requires the construction of any H-1 or H-2 structure, including paint booths. An exception to this prohibition is a use that handles and/or disposes of medical waste when such handling and/or disposal is in compliance with federal or State regulations. Subject to review and written approval by the City's Fire Chief, or designee, additional exceptions may be permitted based upon the quantities of materials handled and/or stored at the subject premises.
(B)
The following uses shall be prohibited in the following specified mixed-use development areas:
(1)
In the MU-I area, residential units on the ground floor along the street frontage, however, residential lobbies and entries for residential units, are permitted on the ground floor;
(2)
In the MU-I and MU-II areas, medical facilities, clinics, laboratories, medical equipment or medical supplies, on the ground floor.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.090 Property Development Standards for Mixed-Use Developments and Commercial Developments.
The following standards shall apply to uses designated as mixed-use in the General Plan and in the PD Zone:
(B)
Building Height. The maximum building heights for mixed-use developments and commercial developments in the MU designation and PD Zone are defined in Table 21.15(A) of this section.
Table 21.15(A) Maximum Building Height | |||||
|---|---|---|---|---|---|
Subdistricts | |||||
MU-I | MU-I | MU-I | MU-II | MU-III | |
Downtown Core | Downtown Perimeter | North Atlantic | East Garvey | Baltimore | |
Mixed-Use & Commercial Developments | 75′ or 5 stories | 55′ | 75′ or 5 stories1 | 40′2 | 55′ |
All Other Developments | See underlying zoning | ||||
Footnotes: | |
|---|---|
1 | Buildings up to 130 feet are permitted within 200 feet of Hellman Avenue per the General Plan. |
2 | When any portion of the structure is located within 25 feet of an R-1 Zone, that portion of the building shall not exceed 15 feet; for any portion within 35 feet of an R-1 Zone, that portion of the building shall not exceed 25 feet per the General Plan. |
3 | See General Plan Figure LU-3, Focus Areas, and FAR Subdistricts for boundary lines. |
(1)
Rather than a continuous maximum height, the height of buildings shall vary to provide human scale, contribute to community image and improve the pedestrian experience of mixed-use connections.
(2)
To create a human scale adjacent to the pedestrian realm along Garvey and Garfield Avenues, 50% of the building frontage at the edge of the pedestrian realm shall, as a minimum standard unless site constrictions restrict or interfere, not be higher than 40 feet on average within 20 feet of the pedestrian realm.
(3)
Unoccupied towers, elevator shafts, stairwells, light standards, skylights, and similar architectural features may be allowed to project an additional 15 feet beyond these height limits and should be placed to create variety in massing and out of public view from the public right-of-way.
(4)
Ground floor spaces in the Mixed-Use I area shall have a minimum clear ceiling height of 14 feet.
(5)
In the MU-I North Atlantic Subdistrict, hotel developments will be considered a mixed-use development and permitted a height not to exceed 75 feet, provided a minimum of 4,000 square feet of the ground floor area is utilized as retail and/or restaurant to serve the pedestrian realm.
(C)
Pedestrian Orientation and Setback Requirements.
(1)
Pedestrian Realm and Minimum Setback.
(a)
A minimum width of the public portion of the pedestrian realm is required along the frontage of all commercial, residential, and mixed-use developments.
(b)
For purposes of this section, the pedestrian realm width is measured from the curb after any required dedication needed for street widening and is required as follows:
(2)
Maximum Front Setbacks and Open Space Setbacks.
(a)
"Residential only" projects adjacent to the street frontage with MU-II and MU-III designations shall have a minimum setback of five feet and a maximum setback of 10 feet from the interior edge of the pedestrian realm to allow for landscaping, stoops and entrance porches.
(b)
"Residential only" projects may be elevated above the sidewalk level three to four feet for privacy with appropriate landscaping.
(c)
Nonresidential and commercial uses shall be located at or within five feet of the interior edge of the pedestrian realm at or near the same elevation as the sidewalk.
(d)
Additional setbacks beyond 10 feet may be permitted for outdoor dining, pedestrian entrances, pedestrian arcades, building articulation, or public gathering space, pocket parks, or open spaces oriented to the pedestrian realm.
(3)
Side Setback. No side setback required unless the site is adjacent to an R-1 Zone, in which case a 15 foot side yard shall be maintained.
(5)
Pedestrian Entry Ways.
(a)
Entrances to nonresidential uses, commercial uses, and mixed-use developments shall be directly from the adjoining sidewalks.
(b)
In a new development, at-grade parking is not permitted on private property adjacent to the pedestrian realm.
(c)
In rehabilitation of existing development, parking shall be screened from view from the pedestrian realm by a three-foot wall or decorative fence covered in vines or other similar feature.
(d)
At least 75% of the first floor building frontage area along Garvey Avenue, Garfield Avenue, or Atlantic Boulevard, shall be comprised of clear fenestration (store windows and doors). The area of the building frontage is calculated by multiplying the front lineal feet dimension by the lessor of the first story interior ceiling height or by a factor of 10 feet.
(e)
Clearly marked pedestrian connections, attractive and human-scaled, shall be provided between various uses, parking, street sidewalks, and public spaces such as plazas, courtyards and recreational areas.
(D)
Open Space.
(1)
For commercial developments, the required pedestrian use open space, excluding sidewalk within the public right-of-way shall be no less than 12% of the site area. The open space is to be functional for pedestrian use and is required to be on grade or if on an upper level, open to the sky.
(2)
For mixed-use developments, open space and recreation space shall be provided as follows:
(a)
The minimum required area of open space for a mixed-use development is 200 square feet per residential unit. The minimum open space required may be met through a combination of common and private residential open spaces. All required open spaces shall be usable, as defined in Section 21.15.030 of this chapter.
(b)
Private Open Space. Fifty percent of the open space area required may be provided in private open spaces such as patios and balconies; however, such private open space must have a minimum area of 75 square feet and a minimum dimension of seven feet.
(c)
Common Open Space. A minimum of 25% of the common open space shall be planted area with trees, shrubs, and gardens. Planters and planting containers may be counted toward this requirement.
(i)
Common open space shall have a minimum width of 10 feet and a minimum area of 200 square feet. Common open space may be located on roofs, podiums, and decks.
(ii)
For developments of five residential units or less, 100% of the open space requirement may be satisfied by private open space.
(iii)
Up to 10% of the common open space may be provided in an indoor recreational area such as a gymnasium or a community room.
(E)
Off-Street Parking and Loading. Detailed parking standards are contained in this title, Off-Street Parking Regulations, of this title, including regulations for shared parking analysis for mixed-use and joint-use development, except:
(1)
For the residential portion of a mixed-use development, a minimum of two spaces per unit shall be provided, except for senior housing for which the requirements of Chapter 21.16, Senior Citizen Housing Zone, of this title shall apply.
(2)
As the mixed-use designated areas are on transit corridors, and are planned to be walkable, a reduction in the total number of parking spaces required in this title, Off-Street Parking Regulations, of this title may be permitted for mixed-use developments and commercial developments that contain retail, restaurant, entertainment, and/or neighborhood services on the ground floor if supported by shared parking and parking demand studies. However, the total parking requirement for retail, restaurants, entertainment and neighborhood service uses combined shall not be less than three spaces/gross 1,000 square feet.
(3)
If two parking spaces are assigned exclusively to one residential unit, spaces may be provided in tandem.
(4)
For every two spaces that are assigned to the use of a residential unit, an additional 0.25 parking spaces per unit shall be provided for guest parking. In a mixed-use development, this additional guest parking may be shared with the parking for the nonresidential use if supported by a shared parking analysis study.
(5)
Residential parking assigned to individual units shall be secured and shall be located or assigned in such way as to distinguish it from guest parking and parking for nonresidential uses.
(6)
For live/work units which include live/work flex space on the ground floor and residential above the ground floor, the total number of parking spaces provided shall be two spaces per unit, plus 0.5 work/guest spaces per unit.
(7)
Parking along arterial streets shall not be located within the area between the back of the pedestrian realm and a new building fronting on the arterial street.
(8)
Loading space requirements shall be based on underlying zone; however, if there is no commercial space on the ground floor of a residential building, a loading space may not be required.
(9)
No parking, including the storage of trucks or other similar types of vehicles or equipment, shall be permitted on unpaved areas.
(10)
The initial project developer, and any and all subsequent owners of units within the development, shall participate in the construction or funding of traffic improvements based on its proportional impact share and long-term funding of a shuttle service in the downtown area.
(F)
Building Intensity and Residential Development Density.
(1)
For mixed-use developments and commercial developments, the maximum base floor area ratio (FAR) and the incentive bonuses for developments with additional amenities are defined in Table 2 and Table 3 of this section.
(2)
If no amenities are provided, the maximum floor area ratios in Table 2 of this section may be allowed and are reserved for projects that meet the basic Planning Commission development standards and design guidelines, as determined in this section.
(3)
FAR calculation includes square footage that are devoted to residential and commercial uses but does not include parking structure.
Table 21.15(B) Maximum Floor Area Ratios (FAR) Without Amenities by Subdistrict for Basic Mixed-Use Developments and Commercial Developments | |||||
|---|---|---|---|---|---|
Maximum Floor Area Ratios Without Amenities | Subdistricts | ||||
MU-I | MU-I | MU-I | MU-II | MU-III | |
Downtown Core | Downtown Perimeter | North Atlantic | East Garvey | Baltimore | |
Mixed-Use Developments | |||||
For lots over 21,780 SF (½ acre). See 21.15.090(A) | Not Applicable1 | Not Applicable1 | Not Applicable1 | 0.75 | 0.65 |
For lots greater than 65,340 SF (1½ acre). See 21.15.090(A) | 1.25 | 0.90 | 1.75 | 0.75 | 0.65 |
Commercial Developments | |||||
For lots over 21,780 SF (½ acre). See 21.15.090(A) | Not Applicable1 | Not Applicable1 | Not Applicable1 | 0.50 | 0.65 |
For lots greater than 65,340 SF (1½ acre). See 21.15.090(A) | 1.00 | 0.65 | 1.50 | 0.50 | 0.65 |
Footnote: | |
|---|---|
1 | A minimum of 1.5 acres is required for mixed-use developments in the MU-1 areas. |
(4)
The maximum residential density for nonamenity mixed-use developments is 30 dwelling units per acre for MU-I and MU-II designations.
(5)
The maximum residential density for a residential only project in the MU-II designation is 12 dwelling units per acre.
(6)
The maximum residential density for the MU-III designation is 25 dwelling units per acre.
(G)
Maximum Size of Residential Units in Mixed-Use Developments. The maximum size for any residential unit, including a live/work unit, in a mixed-use development project shall be 2,000 square feet. For live/work units, the 2,000 square foot limitation shall include both the allotted live space and work space areas.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020; Ord. 2190 § 7, 2020)
§ 21.15.100 Deviation from Property Development Standards.
(A)
Mixed-use developments and commercial developments shall comply with the property development standards set forth in Section 21.15.090 of this chapter. However, if a project applicant provides three or more amenities as set forth in Section 21.15.110(A) of this chapter needed in the area beyond what may be required, the Planning Commission shall have reasonable discretion to reduce the minimum lot area to not less than one acre.
(B)
Mixed-use developments and commercial developments that request an increased FAR or increased residential density above basic mixed-use standards shall follow the use requirements and all the property development standards in this chapter, including providing additional amenities described in Section 21.15.110 of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.110 Incentives for Additional Pedestrian Amenities.
(A)
The maximum residential density permitted in the General Plan is 30 dwelling units per acre for projects that contain commercial and residential uses. The density may be increased up to 50 units per acre by providing three or more substantial amenities needed in areas designated as MU-I. Substantial amenities shall mean amenities which are significantly great enough to provide benefit, not only to the project itself, but to the greater community. Substantial amenities include, but are not limited to:
(1)
The provision of 10% or more of additional parking spaces for public use which is in excess of those required for uses on the site, provided that the project site is located in an area with a deficiency of public spaces (that is, there are a number of adjacent businesses with little or no parking). A parking study is required to demonstrate that additional public parking is needed within one-half mile radius of the subject site, in addition to the required on-site parking;
(2)
Contribution to an in-lieu parking fee program which contributes to the construction of public parking facilities. The in-lieu parking fee contribution shall be equivalent to providing an additional 10% or more additional parking beyond the demand of the project;
(3)
The provision of a major public gathering space located adjacent to the sidewalk with ample pedestrian amenities for downtown patrons or other major pedestrian amenities, which results in substantial open space greater than what is required in this chapter;
(4)
The provision of major transit improvements within a half mile radius of the subject site, including an increase in sidewalk width at bus stops, new transit shelters, special paving, and other pedestrian amenities;
(5)
All or a major portion of the required parking on-site is located underground;
(6)
The inclusion of key national tenants which the City wishes to attract to provide a wide range of goods and services in downtown. A roster of key national tenants shall be adopted by the City Council and amended from time to time;
(7)
The inclusion of a community facility in the project that may be used by residents and others from the community through a reservation system;
(9)
In-lieu affordable residential unit fees;
(10)
Substantial public right-of-way improvement for purposes of promoting pedestrian activity adjacent to and 150 feet beyond the project boundary.
(B)
As an incentive to include additional amenities needed in the area, additional FAR for mixed-use developments and commercial developments with pedestrian amenities may be permitted at intensities up to those shown in Table 3 of this section through the provision of substantial benefit, not only to the project itself, but to the surrounding community:
Table 21.15(C) Maximum Floor Area Ratios (FAR) by Subdistrict for Mixed-Use Developments and Commercial Developments Qualifying for Pedestrian Amenities | |||||
|---|---|---|---|---|---|
Maximum Floor Area Ratios With Additional Amenities | Subdistricts | ||||
MU-I | MU-I | MU-I | MU-II | MU-III | |
Downtown Core | Downtown Perimeter | North Atlantic | East Garvey | Baltimore | |
Mixed-Use Developments | |||||
Developments with additional amenities per Section 21.15.110 | 2.25 | 1.75 | 2.25 | 1.25 | 1.25 |
Commercial Developments | |||||
Developments with additional amenities per Section 21.15.110 | 2.00 | 1.50 | 2.00 | 1.00 | 1.25 |
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.120 Design Review.
To encourage flexibility, creativity and quality design that is sensitive to the surrounding urban context and unique site conditions, any proposed development in areas designated as MU-I, MU-II and MU-III, under this chapter, shall require design review pursuant to Chapter 21.36, Design Review, of this title.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.130 Design Regulations.
The purpose of the design regulations is to create a high quality and pedestrian-oriented environment for shoppers and pedestrians in the mixed-use areas. The design regulations are intended to promote a mixture of architectural styles and designs, pedestrian amenities, building harmony, energy efficiency and environmental consciousness. The design regulations are applicable to building renovations and construction of new development projects within the MU-I, MU-II, and MU-III areas.
(A)
Site Design.
(1)
Building Orientation.
(a)
Buildings shall be oriented to face primary street(s) with parking underground, to the rear, or to the interior of a project site such that no parking or loading space shall be located adjacent to or visible from the public right-of-way.
(b)
If multiple buildings on the site are separated by parking lots, the buildings shall be linked through the use of landscaping, trellises and special paving materials and directional signage.
(c)
Rear of existing buildings shall be enhanced to improve public access where appropriate, from parking lots and alleys.
(2)
Parking and Circulation. The visual impact of parking shall be minimized by integrating parking facilities with surrounding development. Architectural treatments and suitable landscaping shall be provided for the safety and comfort of people using the facility as well as those walking by. The parking portion of a structure shall be architecturally compatible with the rest of the building and streetscape. Where appropriate, incorporate one or more of the following treatments for parking lots and structures:
(a)
Whenever possible, access to corner properties shall be from side streets having the least traffic volume.
(b)
Where an alley exists, vehicular access to the property shall be from the alley.
(c)
Parking facilities shall be set back from the sidewalk and screened (by landscaping, berms, low walls, etc.).
(d)
Use a portion of the top of the parking level as an outdoor deck, patio, solar panels, or garden with a rail, bench or other guard device around the perimeter.
(3)
Landscaping. The building and site shall be enhanced with generous landscaping, which includes special pavements, trellises, screen walls, planters, and the site furniture, as well as plant material. To avoid public safety problems, trees and shrubs shall be maintained so that normal lines of sight are preserved and nighttime security lighting remains effective. Landscape enhancement of the site may include some of the following features:
(a)
Emphasize entries with special planting in conjunction with decorative paving and/or lighting;
(b)
Incorporate a planter guard or lower planter wall as part of the architecture;
(c)
Include special features such as a courtyard, fountain, or pool;
(d)
Distinctively landscape open areas created by building modulation;
(e)
Soften the building by screening blank walls, terracing retaining walls, etc.;
(f)
Increase privacy and security through screening and/or shading;
(g)
Landscaping shall incorporate predominantly drought tolerant plants. Turf areas shall be kept to a minimum;
(h)
Drip irrigation shall be used wherever possible.
(4)
Exterior Lighting. To promote a sense of security for people during nighttime hours, lighting shall be provided on the building façade, in merchandising display windows, in landscaped areas, and on signage. The following lighting features shall be provided:
(a)
Distinctive features of the building shall be illuminated, including entries, signage, and areas of architectural detail and interest.
(b)
Lighting shall be installed in window display areas that spills onto and illuminates the sidewalk.
(c)
Exterior lighting shall be provided at building entrances, parking, loading, and walkways.
(d)
The style of exterior lighting fixtures shall be coordinated with the architectural style of the building.
(e)
Exterior lighting shall be downcast and oriented as to not produce glare onto neighboring properties and within the public right-of-way.
(5)
Screening. Screening shall be used to decrease noise or visual impacts and to provide privacy. The need for screening shall be considered early in the design process so that screening elements (walls, fences, berms, landscaping, etc.) can be properly integrated into the overall project. The following screening mechanisms shall be provided:
(a)
Any outdoor equipment shall be appropriately screened from public view. The method of screening shall be architecturally integrated with the building in terms of style, materials, and color.
(b)
When screening is required at ground level, a combination of elements shall be used to provide interest (berms, masonry walls, wrought iron, trellises, landscaping, etc.).
(6)
Walls and Fences.
(a)
Walls and fences shall not be used if not required for separation of land uses or to provide screening or security.
(b)
Where walls are visible from a public right-of-way or parking lot, they shall be compatible with the site's architecture.
(c)
Landscaping shall be used in combination with walls/fences whenever possible, to conceal their flatness, add greenery, and discourage graffiti; clinging ivy with permanent irrigation system are effective in certain circumstances.
(7)
Trash and Storage and Service and Storage Areas.
(a)
Trash container enclosures and service areas shall be located in areas that are out of view from the general public areas and will not interfere with parking, circulation, and shall be located with consideration given to adjacent land uses to minimize negative impacts upon neighboring properties, in particular residential land uses.
(b)
The trash enclosures shall be designed to be compatible with the architectural character of the development.
(c)
Trash enclosure shall be constructed of concrete or masonry materials and designed with finishes and colors that are unified and harmonious with the principal building and incorporate landscape materials to soften their impact.
(d)
Trash enclosure shall have solid opaque walls and doors and have a solid roof structure that is constructed of non-combustible materials consistent with the main structure.
(e)
All screening facilities and devices shall be of adequate size for their intended purpose without blocking sight distances or creating unnecessary barriers.
(f)
Additionally, any requirements of the project's stormwater pollution prevention plan related to trash enclosures must be met.
(g)
All service areas shall be located out of a clear view from primary vantage points, such as public rights-of-way, storefronts, building and parking entries. If this is not possible, then the service areas shall be effectively screened from public view, either with screen walls of same material and generally integrated into the building design or with landscaping.
(8)
Loading Areas and Building Equipment.
(a)
Loading areas shall be located from alleys and when no alley exists, the access shall be from the street with the least traffic volume away from main customer entrances and primary streets.
(b)
Overhead roll-up doors shall not be visible from public view but are to be sufficiently screened architecturally or by landscaping.
(c)
Loading areas shall be of sufficient size and dimensions to allow for easy maneuvering of trucks. See this title.
(d)
Utility meters, electrical cabinet and switchgear shall be located within the building or architecturally and visually (by color and embellishment) integrated into their surroundings to minimize visual impact from public right-of-way and neighboring properties.
(e)
Ground-mounted utility structures, transformers, meter check valves, etc, shall be softened with landscape plantings or incorporated into trash or storage enclosures or screened areas to minimize visual impact from public right-of-way and neighboring properties.
(9)
Alley. To increase pedestrian safety, comfort, and interest, portions of the alley façade shall be developed in response to the unique conditions of the site or project. As with streets, alleys shall accommodate a variety of needs while providing for safe and comfortable pedestrian environment. The following features shall be provided:
(10)
Energy Efficiency and Environmental Awareness. New developments shall be designed with attention to energy saving and environmental conscious means and methods. "Green building" standards shall be incorporated and utilized whenever practicable and to provide design direction to aid in the development of a more sustainable community. Key principles of "green building" include sustainable site design (active and passive solar), efficient use of water resources, reduced dependence on non-renewable building materials (e.g., wheatboard cabinets, bamboo flooring, etc), and improved indoor air quality.
(B)
Architectural Design.
(1)
Orientation. Building façades shall be oriented towards the street and be directly accessible from the sidewalk.
(2)
Form and Mass.
(a)
Building design shall provide a sense of pedestrian scale, as appropriate.
(b)
Large buildings shall be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.
(c)
Building mass shall be articulated with architectural elements, such as awnings, wall offsets, recessed windows and entries, and covered arcades.
(d)
Projects containing multiple buildings shall provide a variety in size and massing. A transition from smaller buildings on street frontages to larger and taller buildings on the interior of the property is encouraged.
(3)
Roofs.
(a)
Rooftop mechanical equipment and electrical equipment and microwave antennae shall be screened from public view from public right-of-way and surrounding properties. All rooftop utility and mechanical equipment shall be screened by integral building elements.
(b)
Flat roofs should incorporate a screening parapet topped with coping, cornice, or if determined appropriate to the building's architectural style, a modified mansard.
(c)
Exposed roof drains shall not be visible and shall be concealed inside the building.
(4)
Parapets.
(a)
Parapet walls shall be treated as an integral part of the building design and receive architectural detailing consistent with the rest of the facade. It shall not appear as unrelated elements intended only to screen the roof. The parapet wall shall turn or wrap around the building corners to prevent the ends of a parapet from being visible.
(b)
Parapet walls shall appear solid and integrally designed with the building's architecture. The parapet shall have a wall thickness of not less than 20 inches.
(5)
Additions and Expansions.
(a)
Additions to buildings shall be an interpretation of the existing building wherein the main characteristics of the existing building are incorporated. This may include the continuation of architectural lines from the existing building to the addition, repetition of fenestration and entries, use of harmonizing colors and materials, and the inclusion of similar architectural details such as lighting fixtures, window, and door trim.
(b)
The scale and proportion of the existing building shall be considered in the new design.
(c)
Appropriate building materials shall be selected.
(d)
The amount of storefront windows and doors should be maximized.
(e)
Replacement window and doors shall be compatible with the character and design of the building.
(f)
Blank walls, greater than 20 feet, in any direction, shall not be permitted.
(6)
Building Materials. The following materials are prohibited as exterior wall materials:
(C)
Design Regulations for Downtown Monterey Park.
(1)
The design regulations for downtown Monterey Park shall apply to the downtown core and downtown perimeter areas as shown in Figure LU-3 of the General Plan. The existing buildings along Garvey Avenue within downtown Monterey Park are modest one- and two-story structures constructed in the 1950s. The character of downtown Monterey Park is consistent and compatible with architectural features prevalent during that time period: height and bulk, fenestration and building materials. Although the architectural style of the buildings are non-descript, recent new developments nearby are expressing a new sense of modern architecture with curvilinear lines and using building materials that range from sheet metal to natural stones. These design regulations are meant to foster and create innovative contemporary design solutions. In addition to the regulations listed above, these regulations specifically relate to developments within the downtown Monterey Park area.
(2)
Promote Pedestrian Interaction. Spaces for street level uses shall be designed to engage pedestrians with the activities occurring within them. Sidewalk-related spaces shall appear safe, welcoming, and open to the general public. Livelier street edges make for safer streets. Ground floor shops and market spaces providing services needed by downtown shoppers, visitors, and residents can generate foot traffic on the streets, increasing safety through informal surveillance. Entrances, arcades, open space, shop fronts, seating, and other elements can promote use of the street front and provide places for cordial interaction. Design decisions shall consider the importance of these features in a particular context and allow for their incorporation.
(b)
Design for uses that are accessible to the general public, open during established shopping hours, generate walk-in pedestrian clientele, and contribute to a high level of pedestrian activities. Where appropriate, consider configuring retail space to attract tenants with products or services that will "spill-out" onto the sidewalk.
(3)
Setbacks.
(a)
Buildings in pedestrian-oriented areas shall provide continuous storefronts at the street level front elevation.
(b)
Consider setting portions of the building back from the sidewalk edge to create spaces conducive to pedestrian-oriented activities, such as restaurant dining, sitting and resting.
(c)
Buildings located at intersections are encouraged to cut back their corners a minimum of eight feet along street frontages to create a diagonal at the street level. Main entrances to the building shall be located on the diagonal where appropriate.
(4)
Parking and Access.
(a)
Off-street parking should not be visible from public rights-of-way. The off-street parking location shall be at the rear of the site, when a rear alley access is available. However, if the site does not allow for parking at the rear, then the parking may be provided on the interior of the site if the parking can be properly screened.
(b)
To minimize disruption of continuous storefronts, driveways to parking lots shall not be located along the primary street frontage.
(c)
Shared driveways and long term parking agreements between adjacent property owners are strongly encouraged; the agreement shall be reviewed and approved by the City Attorney prior to recordation at the County Recorder's Office.
(5)
Site Amenities.
(a)
Site amenities shall be coordinated with the building architecture in terms of color, materials, and design.
(b)
Tree grates, with knockouts to accommodate a larger tree trunk as the tree grows, shall be used in all pedestrian areas.
(c)
Planters and pots shall be used wherever possible. The location of planters and pots shall not impede pedestrian flow. Use of cast stone, masonry, and other natural materials is encouraged.
(d)
Strongly defined outdoor spaces, public courtyards, patios, plazas, covered walkways and trellised areas shall be incorporated into the building design and site plan.
(e)
Trash receptacle, bicycle rack, and newspaper rack design shall be coordinated with other site amenities.
(6)
Façade Composition. Exterior walls shall provide visual interest and include elements that will enhance building depth and character, such as windows, trellises, columns, awnings, projected stories and building materials. The use of appropriate pictorial murals, that do not include the business name or other advertising, are permitted pursuant to Planning Commission approval.
(7)
Storefront Design—Main Entrances.
(a)
The main entrance shall be easily identifiable, accessible and inviting to pedestrians.
(b)
The door and entry area shall face and open onto the public sidewalk to promote pedestrian activity.
(c)
Entry ways shall provide visual interest, be recessed by at least the width of the door and have a decorative trim or molding to provide additional identity, visual interest and sense of entry.
(d)
Doors to storefronts shall have a high percentage of glass to provide an unobstructed view into the interior.
(e)
Corner buildings shall provide a prominent corner entrance, as appropriate.
(f)
The building's entry shall be highlighted with one or more of the following architectural treatments:
(i)
Extra-height lobby or interior space;
(ii)
Distinctive doorways;
(iii)
Decorative lighting;
(iv)
Distinctive entry canopy;
(v)
Projected or recessed entry bay;
(vi)
Building name and address integrated into the facade or sidewalk;
(vii)
A change in paving material, texture, or color;
(viii)
Distinctive landscaping, including plants, water features and seating; and
(ix)
Ornamental glazing, railing, and balustrades.
(g)
Portable air conditioners, vent fans and other similar equipment placed in window, above door entries or other conspicuous places on the primary facade are not allowed in new construction.
(8)
Windows.
(a)
Windows shall be designed to coordinate with the architectural style of the building.
(b)
Transparency at the street level enlivens the street environment, providing interest and activity along the sidewalk and at night providing a secondary, more intimate, source of lighting.
(c)
The windows shall be as large as possible to provide visual penetration. The height of the bottom of the window or bulkhead shall be no less than 18 inches and no more than 30 inches to maximize visibility into the retail interior.
(d)
Store window glass shall allow at least 70% transparency or light transmission and upper floor windows shall allow at least 35% transparency or light transmission. The use of reflective glass is prohibited, except in larger buildings above the second floor where it may be considered.
(e)
Security gates (scissor or solid material) are prohibited on the exterior of the windows and doorway entries. Only roll-up mesh security gates may be installed in the interior of the windows and doorway entries.
(9)
Awnings. Awnings help to define the pedestrian realm and reduce the scale of tall buildings and provide weather protection from the sun and rain, resulting in a more pedestrian friendly environment.
(a)
Awnings shall be coordinated with the architectural style of the building and with the shapes of the openings under the awnings.
(b)
Awnings shall be of durable material, commercial grade material, canvas, matte finish vinyl or other similar matte material. Glossy or shiny plastic or similar material shall be prohibited.
(c)
Awnings shall be well maintained, cleaned regularly, and replaced when faded or torn.
(d)
The vertical dimension of the valance shall be no greater than 12 inches.
(e)
On multi-story buildings, the highest point of an awning shall not be higher than the mid-point of the space between the second story window sill and the top of the first floor window.
(10)
Signs.
(a)
All signs shall be oriented to pedestrians and/or persons in vehicles on streets within the immediate neighborhood.
(b)
Roof signs are prohibited.
(c)
Wall-mounted signs.
(i)
Wall-mounted signs shall be reverse channel lettering with halo lighting, front lighted wall signs, dimensional geometric shapes, and three-dimensional forms.
(ii)
Sign size shall be in scale with the storefront. Twelve inch high lettering shall be used for storefronts under 30 feet wide, 18 inch high lettering for storefronts between 30 and 60 feet wide, and 24 inch lettering for storefronts in excess of 60 feet wide.
(iii)
Internally illuminated "box" or "canister" signs shall be prohibited.
(iv)
Signs above the first story (except window signs) shall be prohibited.
(d)
Projecting "Blade" Signs. Blade signs are intended to be distinctive, to express the nature of the business, and to attract the attention of pedestrians along the sidewalk.
(i)
The sign size shall be proportional to the buildings, but shall not exceed eight square feet in area per side and placed no higher than the lowest of the cornice line or the lower second floor opening.
(ii)
The sign shall not project more than four feet from the building face and should be separated from other projecting signs by at least 20 feet to reduce clutter.
(iii)
The number of projecting signs per storefront shall be limited to one, and it shall be hung perpendicular to the wall surface.
(iv)
The bottom of the sign shall maintain a minimum eight-foot clearance from the sidewalk.
(v)
Logical locations for projecting "blade" signs are the area between or under awnings, over entryways and at building columns or piers.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.140 Precise Plan-Application and Process.
The application and established fee for approval of a conditional use permit must be filed with the City Planner, and include the following information in appropriate site plans and accompanying text:
(A)
The street address of the work and the name and address of the owner and the person who prepared the plans.
(B)
The location, size, bulk, height and number of stories of all buildings and structures including walls and fences and the materials of their construction.
(C)
Architectural elevations of all buildings and structures.
(D)
Site plans drawn to scale showing the locations, size and dimensions of yards, courts, setbacks, and all other open spaces between buildings and structures together with the improvements of all driveways, parking areas, walkways and means of access ingress and egress, and drainage, and the dimensions and figuration of the parcel(s).
(E)
A landscape plan showing the location, size, species and quantity of all landscaping and method of irrigation and signed by a licensed landscape architect.
(F)
Location and size of exterior signs and outdoor advertising.
(G)
Location, dimension and method of improvements of all property to be dedicated to the public or to public utilities.
(H)
Indication of the proposed use of the building(s) shown on the site.
(I)
Such other architectural and engineering data and plans as may be required to ascertain compliance with the provisions of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2135 § 11, 2016; Ord. 2190 § 7, 2020)
§ 21.15.150 Precise Plan Findings.
The conditional use permit requires a public hearing before the Planning Commission pursuant to the procedure set forth in Chapter 21.32 of this title. Prior to submittal of the conditional use permit to the Planning Commission, the City Planner must determine that the plan complies with the following findings:
(A)
The plan for the proposed project consists of buildings and structures that are of good design and in general contributes to the image of Monterey Park as a place of creativity and individuality.
(B)
The proposed buildings or structures are not of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value.
(C)
The proposed buildings or structures and use thereof are compatible with developments of land in the general area. Consideration of scale, height, bulk, materials cohesiveness, community, traffic, the desirability of preserving a sense of open space, and the need for privacy are deemed to be important considerations of compatibility.
(D)
The proposed development is in conformity with the standards of this chapter and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved.
(E)
The proposed buildings or structures and its use would not unreasonably interfere with use or enjoyment of property in the vicinity by the occupants thereof of lawful purposes, and would not adversely affect the public peace, health, safety or general welfare.
(F)
The proposed buildings or structures and its use are in compliance with the General Plan.
(Ord. 2097 § 3, 2013; Ord. 2135 § 12, 2016; Ord. 2190 § 7, 2020)
§ 21.15.170 Revocation.
(A)
Upon recommendation by the City Planner, the body which granted final approval of a precise plan shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2190 § 7, 2020)
§ 21.15.180 Expiration.
Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is so specified, if the same is not exercised within one year from the date the approval becomes final, provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section once, for a period of not to exceed one year without a public hearing.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)
§ 21.15.190 Modification.
(A)
Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a public hearing hereon, in the same manner as is required for the granting of the same. The granting body must make the following findings prior to granting such modification:
(1)
The proposed modification is consistent with State and local law;
(2)
The proposed modification is consistent with the General Plan and Zoning Code;
(3)
The proposed modification is consistent with the original purpose and intent of the precise plan; and
(4)
The proposed modification will promote the public convenience, health, interest, safety, or welfare of the City, and will not adversely affect the orderly development of property or the preservation of property values.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2190 § 7, 2020)
§ 21.15.200 Failure to Give Notice.
Failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the commission or the council.
(Ord. 2097 § 3, 2013; Ord. 2190 § 7, 2020)