San Marino City Zoning Code
ARTICLE 01
GENERAL PROVISIONS
23.01.01: DEFINITIONS:
When not consistent with the context, words used in the present tense include the future; words in the singular form include the plural; those in the plural form include the singular. The word "shall" is mandatory; the word "may" is permissive. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
ABUT: To adjoin at or along a common lot line or corner, except where such common lot line or corner is located in the right-of-way of a public street.
ACCESSORY BUILDING: Any building, the use of which is subordinate to that of the main building which includes, but is not limited to, garages, second units, recreation buildings, workshops, greenhouses, offices and storage sheds.
ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (also "ADU", "second unit," or "granny unit") shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined in this Chapter, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence or multi-family residence is situated. An accessory dwelling unit also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
ATTACHED ADU: A new ADU is constructed as a physical expansion (i.e. addition) to the primary dwelling and is attached to the single family dwelling unit by one (1) or more common walls. An Attached ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence and any adjoining residences and, to the greatest extent feasible, shall not be visible from the street.
CONVERTED ADU: An ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would:
A. Increase the height of an existing structure;
B. Require removal of more than fifty (50) cubic yards as part of the excavation of an existing structure; or
C. Increase the floor area of the existing structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress; provided, however, that the above such restrictions cannot preclude an ADU described in Government Code section 66323 (a)(1) or (a)(3) from development.
DETACHED ADU: A new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet (6') or more. A Detached ADU shall be located six feet (6') or more from each dwelling, building, and other structure on the property.
ADULT ENRICHMENT CENTER: An establishment which provides instructional, and personal improvement classes, related and secondary to its permitted primary use. An adult enrichment center shall provide such services only for persons over the age of seventeen (17) and may be held only between the hours of six o'clock (6:00) P.M. and ten o'clock (10:00) P.M.
AFFORDABLE UNIT: An ownership or rental housing unit that is affordable by lower income households, as defined in California Health & Safety Code § 50079.5.
ALLEY: Any public roadway without curbs or sidewalks having a width that does not exceed twenty feet (20') that is primarily used for access to the rear or side yards of abutting residential properties.
ARCHITECTURAL ARTICULATION: The breaking up of a flat and uniform building façade by using wall indents, changes in building materials, and detailed projecting features, such as stoops, bay windows, awnings, and balconies.
ARCHITECTURAL FEATURE: A decorative feature that is supported from an exterior wall of a building, has no foundation to the ground, adds no additional floor space.
ASSISTANT: A person who is subordinate to the owner of a business, including a home occupation.
AUTO GROOMING/ DETAILING SERVICES: An establishment which only provides hand washing, waxing, and interior cleaning services for automobiles.
BASEMENT: The portion of a building that is below the adjacent natural grade and the ceiling of which is no more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.
BEDROOM: Any room which is not a kitchen, dining room, living room, family room or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters, which contains a closet, or to which a closet could be added, which has a nearby or adjacent bathroom, and which meets the requirements contained in section 23.02.10 of this chapter.
BLOCK: The property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or between the termination of such street and the nearest intersecting or intercepting street. Where the boundary line of the City or where the boundary line of any zone established by this chapter intersects or intercepts a street in a block, the block shall be considered to end at the City boundary line or at such zone line.
BOARDER: An individual who regularly or temporarily gets the use of a room at another's home for pay.
BUILDING/ STRUCTURE: The terms "building" and "structure" shall be synonymous and shall mean that which is framed, erected, constructed or placed to stand temporarily or permanently on a lot. Driveways, patios, decks or walks not more than six inches (6") higher than the ground on which they rest shall not be considered buildings.
BY-RIGHT: "By-right" shall mean that the local government's review of the project may not require a conditional use permit or other discretionary local government review or approval that would constitute a "project" under the California Environmental Quality Act as defined in Government Code Section 65583.2.
CARPORT: A roofed structure, other than a garage or a porte- cochere, whether or not attached to another structure, which could be used to protect a parked vehicle from rain, sun, wind, or other similar environmental elements. Structures that are temporary in nature or are constructed in such a way as to be collapsible, and are used to shelter a vehicle, shall be considered a carport.
CIRCULAR DRIVEWAY: A driveway which has one or more curb cuts which provides an area in the front yard for turning around or parking a vehicle, and which is not necessary to provide direct access from a street to a garage.
COMMERCIAL BUILDING: Any structure used for a commercial purpose.
COMMISSION: The City Planning Commission.
COMMUNITY ENRICHMENT OF SAN MARINO HIGH SCHOOL GRADUATION CELEBRATION: The design, assembly, preparation, and storage of theatrical scenery, panels, sets, and props for the annual Parent Teacher Student Association sponsored theme party for the graduating high school senior class of San Marino High School.
COMPATIBLE: Having an architectural style, visual bulk, massiveness, height, width and length which is compatible with the neighborhood and which harmonizes with the existing residential or commercial structures in the neighborhood and, in the case of a building addition, with the existing building.
CONVENIENCE MARKETS: Retail stores selling food (for offsite consumption), household items and other related retail items. Convenience markets shall contain no more than four thousand (4,000) square feet of gross floor area.
CORNER LOT: A lot situated at the junction of and abutting on two (2) intersecting streets.
COUNCIL: The City Council.
COURT SURFACE: The area of a lot designated and approved for recreational court purposes. The court surface may or may not be paved or marked by permanent boundaries.
DATUM PLANE: In the R-1 Zone the datum plane for a building shall be a horizontal plane passing through the average of the highest and lowest points of the existing grade along that face of the structure which is nearest to the street. In Zone C-1 the datum plane for a building shall be a horizontal plane passing through the front property line grade, as shown on the plans and profiles in the Office of the City Engineer, at a point where such property line intersects the centerline of that part of the building facing upon or approximately parallel to such street. In case there are no such plans or profiles, the City Engineer shall establish such grade.
DENSITY: The number of housing units per acre, unless otherwise stated, for residential uses.
DENSITY BONUS: A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city.
DRIVEWAY: A paved or impervious strip of land having the purpose of providing access from the street through a curb cut to a garage.
DWELLING: Any building or portion thereof which is occupied, in whole or in part, as a home or residence.
DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family and having only one kitchen.
EARTH TONE: Colors found in nature that have a variety of hues that have brown undertones, including rust, burnt sienna brown, terracotta, and sage. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.
EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for homeless persons.
FAMILY: An immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit.
FENCES: A wall or similar enclosing structure made of wood, iron, masonry or other material, partially or completely opaque in its surface area.
FINISHED GROUND SURFACE: The ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials or on which grass, flowers, shrubbery or trees have been planted or which has been graded in preparation for surfacing or planting.
FOOTPRINT: The area of a lot covered by the first floor of the main residential building including an attached garage but excluding covered or uncovered porches or patios, chimneys, or other architectural features.
FRONT YARD: That portion of a lot in front of the main building footprint facing the street and which extends across the entire width of the lot; provided, however, that upon vacant property, the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.
FRONT YARD SETBACK LINE: A line parallel with the front lot line at a distance equal to the minimum required front yard dimensions as contained within this chapter.
GARAGE: A building or portion of a building, having a door and enclosed by walls on at least three (3) sides in which motor vehicles used by occupants of the building or buildings on the lot are stored or kept.
HEDGE: A row of planted trees, shrubs or other vegetation that forms a physical boundary or barrier, or otherwise obscures visibility into or onto the property upon which it is located.
HEIGHT: The vertical distance from the datum plane to the highest part of a building, including penthouses, water tanks and their enclosures, elevator enclosures and all other roof structures, excluding chimneys and architectural features.
HEIGHT OF FENCE OR YARD WALL: The height of any fence or yard wall at any point shall be the difference in elevation between the top of the fence or yard wall and the finished ground surface at a point within one foot (1') from the fence or yard wall, measured at right angles from the lowest grade elevation.
HEIGHT OF RETAINING WALL: The height of any retaining wall shall be the height of its exposed vertical surface.
HOME OCCUPATION: The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, in-home tutoring, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottage food uses, consistent with State law.
IMMEDIATE FAMILY: Parents and their children, legal guardianships, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents or grandchildren.
IMPERVIOUS COVERAGE: Shall include, but not be limited to, driveways, walkways, circular driveways and sidewalks that do not allow rainwater to be directly absorbed by the ground. Compacted soil or decomposed granite that prevents percolation of runoff shall be considered impervious coverage. Surfaces such as brick pavers, laid stones, or slate adjoined to constitute one solid surface, shall be impervious coverage.
INTERIOR LOT: A lot having only one street frontage.
JUNIOR ACCESSORY DWELLING UNIT: Also known as "junior ADU" or "JADU" shall have the same meaning as defined in the California Government Code section 65852.22, as amended from time to time.
KEY LOT: A lot, the side line of which abuts the rear line of one or more adjoining lots.
KITCHEN: Kitchen shall mean a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a built-in range, or stove-top and an oven; at a minimum, an apartment-sized refrigerator (minimum ten (10) cubic feet). In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer.
LICENSED RESIDENTIAL CARE FACILITIES: State licensed facilities maintained and operated to provide nonmedical residential care, day treatment, or foster agency services for six (6) or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes.
LIGHT FIXTURE(S): An assembly, including housing, reflectors and lenses, which accommodates a lamp. A supporting pole and arm are not parts of a light fixture.
LIVABLE AREA: The square footage of all floor areas of a building, including basements, measured from the exterior faces of walls, excluding the following:
A. Open porches,
B. Open patios,
C. Pergolas,
D. Garages,
E. Attics that are not provided with heating or cooling appliances or systems,
F. Basements that do not exceed the maximum allowable size under subsection 23.02.19A of this chapter,
G. Subterranean parking spaces and related turnaround areas.
Accessory buildings that are provided with heating or cooling appliances or systems shall constitute livable area. Accessory buildings that are not provided with heating or cooling appliances or systems shall constitute livable area if they provide the minimum amount of natural light and ventilation required to be considered habitable under the Building Code and are enclosed on all sides with any combination of walls, doors and windows and have a ceiling height of at least seven feet (7').
LOT: Any parcel shown on a recorded tract map or on a record of survey recorded pursuant to an approved division of land or a parcel map or otherwise approved by the Council as a building site for the construction of one main building.
LOT AREA: The gross square footage of the lot as measured along the perimeter of the lot as defined in "yard map" herein. Actual lot area is used in section 23.02.10 of this chapter.
LOT COVERAGE: The area of a lot covered by a roofed building(s) constructed on a foundation or slab, whether at ground level, above ground level or below ground level. Excluded from the definition of lot coverage are open porches and balconies in the front of the building(s) visible from the street, with an area not to exceed the lesser of one hundred fifty (150) square feet or one and one-half percent (1.5%) of the lesser of the actual lot area or statutory lot area. "Roofed" for purposes of this definition, shall mean a coverage of greater than fifty percent (50%), viewed from overhead. Such "lot coverage" is also defined to include the areas of eaves extending more than twenty four inches (24") from the structure. The first twenty four inches (24") of any eaves area shall not be counted as lot coverage. Lot coverage shall not include horizontal projections from buildings on a lot such as cornices, buttresses or chimneys.
LOT LINE: The legal boundary that separates one lot from another or a public right-of-way.
LOW BARRIER NAVIGATION CENTER: A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing and meets all of requirements of Government Code Sections 65660 et seq.
MANAGER: The City Manager of the City of San Marino or any City employee authorized by the City Manager to enforce the provisions of this Code.
MARKETS/ GROCERY STORES: Retail stores selling an assortment of food (for offsite consumption) and food preparation materials, household items, and other related retail items. Ancillary to the retail use, markets/grocery stores can include pharmacies, delicatessens and eating establishments allowing for onsite consumption of food. The areas designated for onsite consumption of food shall not exceed ten percent (10%) of the gross floor area of the market/grocery store. Markets/grocery stores must be greater than four thousand (4,000) square feet of gross floor area.
MASSAGE THERAPIST: A certified massage therapist or certified massage practitioner, as those terms are defined in chapter XI, article 11 of this Code.
MASSAGE THERAPY: "Massage or bodywork", as defined in chapter XI, article 11 of this Code.
MASSAGE THERAPY ESTABLISHMENT: Massage establishment, as defined in chapter XI, article 11 of this Code.
MINOR FIELD CHANGE: Changes to the approved plans or specifications including revisions, deletions, and additions, to the work prescribed on the approved set of plans that minimally deviates from the finishes, materials, and/or architectural features of the existing or approved structure and will not result in added lot coverage or livable area.
MIXED-USE PROJECT: A project that combines both commercial and residential uses.
MULTI-FAMILY DWELLING UNIT: A structure containing two (2) or more dwelling units designed for the occupancy of two (2) or more households living independently of each other.
MULTI-FAMILY RESIDENTIAL: Two (2) or more dwelling units located on one (1) parcel.
NEIGHBORHOOD:
A. The two (2) properties on each side of the lot;
B. All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies);
C. Extending the lot's property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties;
D. For houses at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the three (3) properties extending from each side of the lot.
OBJECTIVE: Involving no personal subjective judgment by a public official and being 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.
OCCUPIED: Arranged, designed or intended to be occupied.
OPAQUE FENCE COVERING: A canvas, plastic, wood or equivalent material applied to or constituting a portion of a fence which is opaque to the passage of light.
OWNER: Presumed to be the person(s) shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor.
PARK OR PARKING: The standing or leaving of a vehicle, whether occupied or not.
PARKING SPACE: A paved or impervious area, not including a driveway or circular driveway, which is designed for parking a vehicle. A parking space may be covered, enclosed or open.
PAROLEE- PROBATIONER HOME: Any residential structure or unit, whether owned and/or operated by an individual or a for profit or nonprofit entity that houses two (2) or more parolees-probationers in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee-probationer. A parolee-probationer includes:
A. Any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer;
B. Any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; and
C. An adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a youth authority parole officer.
PATHWAY: Any unimproved or partially improved passageway integrated with the landscaping of a project intended for pedestrian travel.
PERMANENT SUPPORTIVE HOUSING: "Permanent supportive housing" means housing with no limit on length of stay, that is occupied by a target population that is typically homeless or at risk of becoming homeless, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live independently and, when possible, work in the community.
PLURAL NUMBER: Includes the singular.
PORTE-COCHERE: A roofed structure that provides shelter for passengers entering or exiting a vehicle.
PRESENT TENSE: Includes the future.
PRIVACY: The prevention of the visual observation of any rear or side property area from any adjoining property.
PUBLIC PARKING AREA: An open area, other than a street, used for the temporary parking of automobiles, whether available for use by the owner or his/her guests or customers or for public use, whether free, for compensation or as an accommodation for clients and customers.
REAR YARD: A yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half (1/2) but not to exceed ten feet (10') of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property, the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot and which extends across the entire width of the lot.
REAR YARD SETBACK LINE: A line parallel with the rear lot line at a distance equal to the minimum required rear yard dimensions as contained within this chapter.
RECREATIONAL COURT: A generally rectangular space, with dimensions of at least thirty feet by sixty feet (30' x 60'), marked off or capable of being used for the purpose of playing paddle tennis or tennis. Swimming pools, badminton, basketball (half courts) and volleyball courts are not recreational courts.
REQUIRED YARD: That portion of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this Code.
RESIDENTIAL BUILDING: Any structure designed for use as a habitation.
RESTAURANT: Any establishment which provides facilities for the consumption of food on the premises.
RETAINING WALL: A structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.
SATELLITE DISH ANTENNAS: Antennas used for "receive only" operations from stationary synchronous earth satellites and having a reflective dish shaped element, generally circular in shape, with a diameter of greater than two feet (2'), shall be considered structures in the context of the Building and Zoning Codes.
SCHOOLS: An educational institution organized for the teaching, research and study of a curriculum at least equivalent to that required in corresponding grades of a public school and associated sports and recreational activities; an institution empowered to confer degrees equivalent to those conferred by public schools in special departments, such as engineering, theology, law, medicine and the arts; or an accredited institution of higher learning, including related research.
SIDE STREET LINE OF A CORNER LOT: The side of a lot with the longest street frontage.
SIDE YARD: A yard between the side line of a lot and the side line of a main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property, the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot and which extends across the entire width of the lot.
SIDE YARD SETBACK LINE: A line parallel with the side property line at a distance equal to the minimum required side yard dimension as contained within this chapter.
SINGLE-FAMILY DWELLING: The main building on a lot designated and used exclusively for occupancy by one family.
SINGLE HOUSEKEEPING UNIT: The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
SMOKE SHOP: An establishment where the primary use is wholesale or retail sale, distribution, delivery, display, or exchange of tobacco products, tobacco paraphernalia, or any combination of these items.
STATUTORY LOT SIZE: Shall refer to the minimum permitted size of a lot as established in this chapter.
STORAGE: The placement of a vehicle or equipment in a given location for a continuous period of more than forty-eight (48) consecutive hours.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. A basement or cellar shall not be considered a story unless the ceiling thereof is more than five feet (5') above the average level of the highest and lowest points of the natural grade immediately adjacent to the exterior walls of the building.
SUPPORT POLE: A structure other than a building which is utilized to support one or more light fixtures.
TARGET POPULATION: Persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.
TENANT: A person(s) who pays rent to a specific property owner to occupy or use their land or building for a specific period of time.
TOBACCO PARAPHERNALIA: Any item designed or marketed for consumption, use, or preparation of tobacco products.
TOBACCO PRODUCT: Includes, but is not limited to:
A. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco;
B. Any electronic smoking device; and
C. Any component, part, or accessory of a tobacco product, whether or not it is sold separately.
"Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.
TUTORIAL SERVICES: A type of business designed to provide individualized instruction to persons generally in fields of general education or the arts with no more than two (2) students per one instructor on the premises at the same time.
USED: Includes arranged, designed or intended to be used.
VEHICLE: Any mode of transportation that can be driven or towed, including, but not limited to, cars, trucks, motor homes, trailers, campers, motorcycles or boats.
WALKWAY: A paved or impervious strip of land which is not a driveway and which connects the entry of a building or buildings with a driveway, circular driveway, sidewalk, public street, alley or thoroughfare.
YARD: That portion of a lot upon which a building is situated, which remains open and unoccupied except as provided in this Code.
YARD MAP: The official "yard requirement map" which is a part of this chapter.
YARD WALL: An enclosing structure made of wood, iron, masonry or other material, generally opaque in its surface area.
ZONE MAP: The official "zone and district map" which is a part of this chapter. (Ord. 096-1093, 7-10-1996; amd. Ord. 098-1128, 1-13-1999; Ord. 099-1133, 7-14-1999; Ord. 0-02-1159, 2-22-2002; Ord. 0-03-1175, 12-10-2003; Ord. 0-06-1183, 5-10-2006; Ord. 0-06-1184, 5-10-2006; Ord. 0-09-1215, 7-8-2009; Ord. 0-09-1223, 12-9-2009; Ord. 0-10-1231, 5-28-2010; Ord. 0-10-1234, 7-30-2010; Ord. 0-11-1257, 7-29-2011; Ord. 0-12-1264, 5-25-2012; Ord. 0-14-1279, 6-27-2014; Ord. 0-14-1284, 12-10-2014; Ord. 0-15-1303, 1-13-2016; Ord. 0-17-1330, 11-8-2017; Ord. 0-17-1331, 11-8-2017; Ord. 0-18-1338, 7-27-2018; Ord. 0-18-1340, 10-10-2018; Ord. 0-18-1347, 1-9-2019; Ord. 0-19-1354, 10-9-2019; Ord. 0-19-1356, 11-13-2019; Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U, 1-8-2020; Ord. O-20-1368, 11-18-2020; Ord. O-21-1384, 11-17-2021; Ord. O-24-1415, 11-20-2024; Ord. O-24-1416, 11-20-2024)
23.01.02: SHORT TITLE:
This chapter shall be known, cited and referred to as the ZONING CODE OF THE CITY OF SAN MARINO. (Ord. 096-1093, 7-10-1996)
23.01.03: PURPOSE OF CHAPTER:
The City Council hereby finds, determines and declares that the preservation of the public peace, safety, morals and general welfare of the City require the creation and division of the City into districts and the regulations therein of certain trades and callings, the height and bulk of buildings and the areas of yards, courts and other open spaces for the purpose of providing adequate light and air; lessening congestion in the streets and other public ways; securing safety from fire, panic and other disasters and dangers; preventing the overcrowding of land or buildings; avoiding undue concentration of population; conserving the value of property; and encouraging the most appropriate use of land throughout the City, all in accordance with the Comprehensive Plan contained in this chapter, including "the zone and district map" and the "yard requirement map" referred to herein and made a part hereof. (Ord. 096-1093, 7-10-1996)
23.01.04: VIOLATIONS OF CHAPTER:
Violations of this chapter shall constitute a misdemeanor unless otherwise indicated within this chapter. Violations shall be abated as stated in chapter I of this Code. (Ord. 096-1093, 7-10-1996)
23.01.05: ZONES AND AREA DISTRICTS ESTABLISHED; DELINEATION OF ZONES AND DISTRICTS ON ZONE MAP:
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yard and other open spaces about buildings, classes of zones and classes of area districts are hereby established, to be known as follows:
Zones: |
Zones: | ||
R-1 | Single-Family Dwelling Zone | |
C-1 | Commercial Zone | |
P&R | Park and Recreational Zone | |
H&C | Historical and Cultural Zone | |
RM1 | Multi-Family Residential Zone | |
RIH | Religious Institution Housing Zone | |
MU-1 | Mixed-Use 1 Zone | |
MU-2 | Mixed-Use 2 Zone | |
Area Districts: | ||
IE | Estate Area District (60,000 square feet) | |
I | First Area District (30,000 square feet) | |
II | Second Area District (20,000 square feet) | |
III | Third Area District (17,000 square feet) | |
IV | Fourth Area District (15,000 square feet) | |
V | Fifth Area District (12,000 square feet) | |
VI | Sixth Area District (10,000 square feet) | |
VII | Seventh Area District (9,000 square feet) | |
which several classes of zones and area districts are shown and delineated on the zone map. (Ord. 096-1093, 7-10-1996; amd. Ord. O-24-1415, 11-20-2024)
23.01.06: CONSIDERATIONS GIVEN CREATION OF ZONES AND DISTRICTS:
It is hereby declared that in the creation by this chapter of the respective classes of zones and area districts established by section 23.01.05 of this article, the commission and the council have given due and careful consideration to the peculiar suitability of each and every zone and district for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangement of the various uses and densities of population in accordance with a well considered plan for the comprehensive development of the city and in relation to established plans in the adjoining unincorporated areas and municipalities. (Ord. 096-1093, 7-10-1996)
23.01.07: BOUNDARIES SHOWN ON ZONE AND YARD MAPS ADOPTED1:
A. The boundaries of the zones and districts shown upon the zone map are hereby adopted and approved.
B. The following described real property is hereby rezoned from R-1 area district V to R-1 area district VI: Said legal description is provided on that certain tentative district map for tract no. 30141 on file with the city clerk and is generally described as the inner portion of that certain block bounded on the north by Huntington Drive and on the west, south and east by West Drive and Bedford Road.
C. The following described real property is hereby rezoned from R-1 area district V to R-1 area district VI: The area generally described as the entire block between Bedford Road, West Drive and Huntington Drive, exclusive of the interior portion described on that certain tentative district map for tract no. 30141 on file with the city clerk.
D. The real property described in exhibit A of ordinance 981, on file in the city, is prezoned as C-1 commercial zone. The zone map shall have noted thereon "Amended August 24, 1990".
E. The real property described on exhibit A to ordinance 989, on file in the city, is hereby rezoned from R-1 area district I to R-1 area district IE (estate). (Ord. 096-1093, 7-10-1996)
23.01.08: RULES APPLYING WHERE UNCERTAINTIES EXIST AS TO BOUNDARIES ON ZONE MAP:
Where uncertainty exists as to the boundaries of any districts shown on the zone map, the following rules shall apply:
A. Where zone or district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.
B. In unsubdivided property or where a zone or district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zone map.
C. In case any further uncertainty exists, the commission shall interpret the intent of the zone map as to the location of such boundaries.
D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (Ord. 096-1093, 7-10-1996)
23.01.09: LAND NOT INDICATED ON ZONE MAP IN ANY ZONE:
Any land or territory within the city which is not indicated on the zone map in any zone shall be classified in the same zone as that existing on the side of the street across from such unzoned land or territory, and the zone map shall thereupon be amended to indicate such zoning as herein required without additional procedure. Where uncertainty exists as to the zoning classification to be indicated on the map, or any other provision of this chapter, such zoning shall be determined by the commission by written decision. (Ord. 096-1093, 7-10-1996)
23.01.10: REASONABLE ACCOMMODATION:
A. Purpose: In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the city's zoning and land use regulations, policies, and practices when reasonably necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
B. Permit Application:
1. Applicant: Any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability may request for reasonable accommodation. The Community Development Director shall approve a reasonable accommodation only for the benefit of one or more individuals with a disability.
2. Application: An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the planning and building director. No fee shall be required for a request for reasonable accommodation, but the prescribed fees shall be paid for all necessary discretionary permits.
3. Other Discretionary Permits: If the project for which the request for reasonable accommodation is made requires a discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the discretionary permit or approval. The processing procedures of the discretionary permit shall govern the processing of the discretionary permit.
4. Required Submittals: In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:
a. Documentation that the applicant is:
(1) An individual with a disability;
(2) Applying on behalf of one or more individuals with a disability; or
(3) A developer or provider of housing for one or more individuals with a disability;
b. The specific exception from or modification to the zoning code provision, policy, or practices the applicant is requesting;
c. Documentation that the specific exception or modification the applicant is requesting is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; and
d. Any other information that the director reasonably concludes is necessary to determine whether the findings required by this section to approve a reasonable accommodation can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the affected individuals.
C. Review Procedure: The Community Development Director shall review the reasonable accommodation application and make a written decision within forty-five (45) days to either approve, conditionally approve, or deny the request for reasonable accommodation in compliance with subsection D required findings below.
D. Required Findings: The decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be made in writing and shall be based on the following findings, all of which are required for approval:
1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.
2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
3. The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.
4. The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
E. Alternative Reasonable Accommodations: In making these findings, the Community Development Director may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
F. Consideration Factors - Necessity: The Community Development Director may consider, but is not limited to considering, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and
4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
G. Consideration Factors - Fundamental Alteration To Zoning Program: The Community Development Director may consider, but is not limited to considering, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:
1. Whether the requested accommodation would fundamentally alter the character of the neighborhood;
2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
3. Whether the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; and
4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
H. Rules While Decision Is Pending: While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
I. Effective Date: No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Planning Commission on such appeal.
J. Expiration: Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
K. Time Extension: The Community Development Director may approve a single one year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than thirty (30) days nor more than ninety (90) days prior to the expiration date.
L. Violation Of Terms: Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
M. Discontinuance: A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate the residence, the reasonable accommodation shall remain in effect only if the planning director determines that:
1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code; or
2. The accommodation is necessary to give another disabled individual an equal opportunity to reside in the dwelling.
The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the director shall constitute grounds for discontinuance by the director of a previously approved reasonable accommodation.
N. Amendments: A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 0-12-1264, 5-25-2012; amd. Ord. O-24-1415, 11-20-2024)