South El Monte City Zoning Code
CHAPTER 17
10 OVERLAY ZONES-STANDARDS AND USES
§ 17.10.010 Intent and purpose.
The overlay zone districts are designed to establish a greater degree of control and regulation of architectural design in certain defined areas of the city felt to be of special concern. The regulations established by this chapter are in addition to, or may supersede, regulations established for the individual zone districts included within the overlay zone district. However, no uses not specifically permitted in the zone district shall be permitted in the overlay district.
(Ord. 1271, 4/23/2024)
§ 17.10.020 Overlay zone districts established.
§ 17.10.030 Change in boundaries.
§ 17.10.040 Building permits.
No building permit shall be issued for the construction or erection of any building or structure, or for the reconstruction or addition to any existing building or structure, anywhere within an overlay zone district until a proposed precise development plan for such construction, reconstruction or addition has been submitted to and approved by the architectural board of review in accordance with Section 17.10.060.
(Ord. 1271, 4/23/2024)
§ 17.10.050 Application for precise plan.
An application for a precise plan approval shall be filed with the planning director with each application for a building permit and shall thereafter be referred to the architectural board of review. All information, plans, documents, and other matters relating to the issuance of building permit shall accompany said application and, in addition, the following:
A.
Parcel dimensions;
B.
The location, proposed use, site, height, floor plans of all existing and proposed buildings;
C.
The location, height, and materials to be used in the construction of all walls and fences;
D.
The location, number of spaces, dimensions, and circulation pattern of all proposed off-street parking;
E.
All pedestrian and vehicle access routes including interior traffic circulation design;
F.
The location, size, height, materials, and lighting of signs;
G.
The location, dimensions, number of spaces and access to loading areas;
H.
The location and general nature of lighting;
I.
Existing and proposed streets;
J.
A landscaping plan indicating existing and proposed natural features, such as trees, shrubs, watercourses, topography and proposed landscaping and materials for the surfacing of areas between buildings, driveways, and other open areas;
K.
Exterior elevation plans.
(Ord. 1271, 4/23/2024)
§ 17.10.060 Powers of the architectural board of review and rules of procedure.
The planning commission is designated the architectural board of review. The architectural board of review shall have the power to establish its own rules of procedure with the following limitations:
A.
A quorum shall consist of at least three members;
B.
A majority vote shall be required to approve any action;
C.
The secretary to the planning commission shall take and maintain minutes of all meetings of the board.
The board shall determine whether the proposed development follows these regulations, the design guidelines adopted by resolution of the city council, and whether or not it will be detrimental to the public health, safety and welfare or affect the desirability of property values or the present or future development of the surrounding areas. The board shall determine whether the purposes and objectives of this chapter have been met and, in that regard, conditions may be imposed to assure that the purposes and objectives of this chapter are realized. Consideration will be given to site plans, landscaping, architectural design, arrangements, and the relationship of such factors to similar features of buildings in the immediate area. Interior design shall not be considered, nor shall conditions be imposed to require development incongruous with the surroundings.
The board, in compliance with the foregoing, may approve, conditionally approve, or disapprove any application for a building permit based upon said precise plan, provided that the board may not approve or conditionally approve the application if the board finds that the building for which the permit has been applied would, if erected or altered or expanded, be detrimental to the environment, property values or development of the surrounding area.
(Ord. 1271, 4/23/2024)
§ 17.10.070 Consideration of adjoining property values.
In the approval or rejection of a precise plan, consideration shall be given and restrictions shall be imposed to the extent necessary in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, to permit the same degree of protection of adjoining properties, as would be afforded in normal circumstances by the standard restrictions imposed by this title. If the proposed precise plan of design would substantially depreciate property value in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or conditioned upon adoption as to remove such objections.
(Ord. 1271, 4/23/2024)
§ 17.10.080 Compliance required.
No person shall violate or fail to comply with any adopted precise plan of design or any condition or provision thereof, nor shall a building permit be issued for any structure which would violate or fail to comply with any adopted precise plan of design for the parcel or parcels on which said structure is to be located.
(Ord. 1271, 4/23/2024)
§ 17.10.090 Appeal.
§ 17.10.100 Adult business overlay zone.
A.
Intent, Purpose, and Establishment of Overlay Zone. The city council hereby establishes the adult business overlay (ABO) zone. The adult business overlay zone shall be the area indicated on Exhibit A (attached to the ordinance codified in this chapter and adopted by reference) as may be amended from time to time. The intent and purpose of the adult business overlay zone is to provide ample reasonable opportunities for adult businesses, as defined in Chapter 5.25 of this Code, to locate in South El Monte.
D.
No adult business, as that term is defined in Chapter 5.25 of this Code, shall be established on any property:
1.
Within one thousand feet of an existing adult business. For the purposes of this subsection, an adult business shall be considered existing if either: (a) an adult business permit has been issued for the business; (b) it is currently operating; or (c) an adult business permit has been issued for the business, but it is not currently operating due to a suspension of such permit.
2.
Within five hundred feet of any park, existing religious institution, or school, as those terms are defined in Chapter 5.25 of this Code, or property zoned for residential use. A religious institution or school shall be considered existing if such use: (a) is currently in use; (b) has received a building permit; or (c) is indicated on an adopted specific plan or plan submitted in connection with an improved land use entitlement application.
3.
Within five hundred feet of any property used for residential use if the property upon which the adult business is proposed is located within the ABO.
4.
The distances specified in this section shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the adult business is proposed, to the nearest property line of the existing adult business, religious institution, school, park, or property zoned or used for residential use.
(Ord. 1271, 4/23/2024)
§ 17.10.110 Religious establishment overlay zone.
A.
Purpose. The purpose of this chapter is to provide standards of development designed to ensure that these uses will be compatible with the neighborhood in which they are located.
B.
Location Criteria. A church or place of assembly may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:
1.
Primary access shall be from a thoroughfare at least fifty feet in right-of-way width for churches and sixty-two feet of roadway width for places of assembly.
2.
Churches may be located across a street from a residential zone district if the street is classified as a local collector, as a minimum. Places of assembly may be located across a street from a residential zone district if the street is an arterial or secondary collector, as a minimum.
C.
Design Standards. Design and appearance of churches and places of assembly shall be compatible with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which they are located. The design of such facilities shall incorporate, but not be limited to, the following:
1.
Appropriate use of decorative siding and roofing materials such as wood, tile, tinted glass and/or masonry;
2.
Additional landscaping above that required;
3.
Control of lighting and light fixtures;
4.
Substitution of decorative rock or aggregate or other suitable materials for portions of areas proposed to be paved.
E.
Landscaping.
1.
A minimum ten feet wide planter shall be installed parallel to all street right-of-way or precise plan lines.
2.
At least twenty percent of the site shall be landscaped.
3.
Landscaping shall consist of trees, shrubs, groundcover, or a combination thereof. All landscaped areas shall contain an accepted irrigation system (sprinklers, bubblers, or diffuser heads) with an automatic timer-clock mechanism. All landscaped areas shall be contained within six-inch concrete or eight-inch masonry planter curbing. All landscaped areas shall be maintained in a reasonably litter-free and weed-free condition and all plant materials shall be kept in a reasonably healthy, growing condition.
F.
Frontage and Access. Driveway locations and width must meet standards established by the city.
G.
Fencing and Screening. Except for areas used for traffic circulation, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between three and six feet in height shall be maintained along all interior lot lines. Where any interior lot line abuts a residentially zoned lot or a lot with permitted residential uses, the fence shall be constructed of decorative and view-obstructing wood or masonry compatible with the design of the principal structure on the site. The fence or wall shall be six feet in height, except within twenty feet of the front property line, in which case it shall not exceed forty-two inches in height.
H.
Performance Standards. Churches and places of assembly shall be operated in a manner which does not interfere with the normal use of adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1.
Noise levels measured at the property lines shall not exceed the levels prescribed in the noise regulations of the city.
2.
The premises shall be kept clean, and the operator shall ensure that no trash or litter originating from the site is deposited on neighboring properties or on the public right-of-way.
3.
All exterior lighting shall be designed in such a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4.
Hours of operation, including deliveries to the site shall be compatible with the needs and character of the surrounding neighborhood. For the purpose of this chapter, the usual operating hours shall be considered to be between 6:00 a.m. and 10:00 p.m. for places of assembly within five hundred feet of a residential zone. Any modification of these hours must be approved by the planning commission.
5.
Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons, and visitors on the premises.
I.
Establishment and Administration of the Religious Establishment Overlay Zone. Notwithstanding any other provision in this Municipal Code, the city council hereby creates a religious establishment overlay zone for the properties listed in subsection 2 below.
1.
All religious establishments shall comply with the requirements and standards set forth in subsections C through H of this section.
(Ord. 1271, 4/23/2024)
§ 17.10.120 Santa Anita Corridor overlay district.
A.
Purpose. The purpose of the Santa Anita Corridor overlay district is to encourage the development of affordable housing and a mixed land use patter along an underutilized commercial corridor in the city.
B.
Applicability. This section applies to lots located in the Santa Anita Corridor overlay district as indicated in Figure 17.10.120-A. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section the most restrictive standards shall prevail.
C.
Uses Allowed. Land uses allowed in the Santa Anita Corridor overlay district are all those uses allowed in the underlying zoning district.
D.
Required Residential Density. For commercial-residential zoned properties that are located within this overlay district, the following standards shall apply:
1.
A minimum of fifty percent of the total floor area proposed for all new mixed-use projects will be devoted to residential uses.
2.
Allowed development types will be limited to mixed use developments and residential stand-alone uses; and
3.
Owner-occupied and rental multifamily residential uses will be allowed by right for developments in which at least twenty percent of the units are affordable to lower-income households during the planning period. Currently owner-occupied and rental multifamily residential uses with densities of at least thirty units per acre are allowed by right.
Figure 17.10.120-A: The Santa Anita Corridor district  |
(Ord. 1271, 4/23/2024)