Zoneomics Logo
search icon

South El Monte City Zoning Code

CHAPTER 17

11 SPECIAL USES-STANDARDS AND USES

§ 17.11.010 Automobile service stations.

Table 17.11.010-A Operations at Automobile Service Stations
Operation
Approval and Permit Requirements
The retail sales of gasoline and lubricants.
P
The incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical); sale of merchandise and supplies related to the servicing of motor vehicles; minor automotive maintenance, replacements and repair; and other incidental customer service and products.
P
Certain retail commercial activity pursuant to the terms of Section 7.30.015.
C
The sale of beer and wine for off-site consumption pursuant to the terms of Section 17.11.090.
C
Major automotive repairs, painting, auto body repair, fender work, major mechanical work, engine overhauling and similar work, outside display of new or used vehicles, equipment or parts for sale or lease, except as specifically provided in this Code.
X
P: Permitted operations
C: Conditionally permitted operations
X: Prohibited operations
A. 
Additional Retail Commercial Activity.
1. 
Retail commercial activity in addition to those uses permitted by Table 17.11.020-A may be conditionally permitted on the same site as an automobile service station. Only permitted or conditionally permitted uses in the commercial zones may be conditionally permitted in addition to those uses permitted by Table 17.11.020-A.
2. 
A conditional use permit must be obtained pursuant to the provisions of Table 17.11.010-A prior to establishing a concurrent use of additional retail commercial activity on the same site as an automobile service station.
3. 
In addition to the criteria set forth in Section 17.03.060, the following factors shall be considered in reviewing the conditional use permit application:
a. 
Whether the proposed commercial activity is compatible with the activities associated with an automobile service station, the area and surrounding uses;
b. 
Whether the concurrent activities would create or cause any of the following:
i. 
An adverse traffic impact or a traffic safety hazard, including, but not limited to, an adverse impact on traffic circulation of parking,
ii. 
Pedestrian-vehicle conflicts or pedestrian safety hazards,
iii. 
An accumulation of garbage or trash,
iv. 
Excessive noise,
v. 
Intrusive lighting,
vi. 
Excessive or unpleasant odors,
vii. 
Noxious fumes,
viii. 
Interference with properties or uses in the surrounding area due to activities associated with the proposed concurrent activities or due to their hours of operation;
c. 
Whether the facilities can be located or situated in such a manner so that:
i. 
Lighting, noise, fumes, rodents, pests and odors can either be eliminated, mitigated or reduced so as to not adversely affect neighboring properties or uses,
ii. 
Traffic generated by the concurrent activities can flow smoothly, both on-site and off-site, without creating an adverse traffic impact, or a traffic or safety hazard to vehicles or pedestrians,
iii. 
The impact on properties or uses in the surrounding area due to the activities associated with the concurrent activities or due to their hours of operation does not exceed acceptable levels;
d. 
Where the commercial activity is related to the sales, preparation and/or dispensing of food, whether there is adequate distance between retail petroleum pump islands and the facilities and activities of the food-related commercial activity.
4. 
Upon application for a conditional use permit, the planning commission may approve, deny or conditionally approve such application. The planning commission may impose any conditions which are necessary to preserve the public health, welfare or safety or to mitigate any potential adverse impacts resulting from the establishment of concurrent activities at an automobile service station.
B. 
Location Criteria. An automobile service station 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 thoroughfares at least sixty-two feet in width.
2. 
Automobile service stations may not be located across a street from residential zone districts unless the street is an arterial, collector, or state highway as shown on the select street system.
3. 
Automobile service stations may not be permitted on sites abutting schools, parks, playgrounds, libraries, churches or other public or quasi-public uses which have a demonstrated substantial pedestrian traffic flow for which pedestrian/vehicle conflicts cannot be adequately mitigated.
Table 17.11.010-B Design/Development Standards for Automobile Service Stations
Standard
Requirement
Design Standards
Appropriate use of decorative siding and roofing materials such as wood, tile, tinted glass or masonry.
Vending machines may be placed outside the structure.
Exterior tire displays may be permitted subject to approval of the design and location by the director of planning and community development. Such display may not block a required parking space, driveway aisle, or pedestrian path of travel.
Repairs and Servicing. All permitted repair equipment and services, other than the service of fuel, shall be enclosed entirely within a building. No automotive repairs shall be permitted outside the structure.
No Charge Services. Air for tire inflation, water for radiators, windshield washing materials, and men's and women's public restrooms shall be provided to the public at no charge.
A limited number of light-haul type travel trailers as determined by planning commission may be permitted for rental purposes, provided they are kept in an orderly manner and appropriately screened from view wherever possible by use of wood or masonry and/or landscaping. For the purpose of this section, light-haul type trailers are defined as nonself-propelled vehicles designed to be towed by an average passenger-type vehicle. Light-haul trailers shall not exceed 4 ft in length overall nor have a gross weight of more than 1,500 pounds.
Front entry to lubrication bays and/or service areas shall not be generally permitted except where necessary to minimize the impact on adjacent residential uses.
Landscaping
All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zone districts a planter of at least 5 ft in width shall be installed parallel to the street right-of-way or precise plan line.
Landscaping - Coverage and Materials
At least 10% of the total site shall be landscaped. Landscaped areas shall contain trees, shrubs, planted groundcover, or a combination thereof. At least 75% of the required landscaping shall be in planting and the remaining 25% may be in landscaping and aggregate materials.
Landscaping - Irrigation
All landscaping areas shall contain an accepted irrigation system (sprinklers, bubblers or diffuser heads) with an automatic timer-cloak mechanism. All landscaped areas shall be contained within 6-inch concrete or 8-inch masonry planter curbing.
Landscaping - Corner Lots
Except for driveways, corner lots shall have a permanently landscaped evergreen planted triangular area, formed by the street right-of-way lines and a line connecting them at points 30 ft from the real or projected point of intersection of the street right-of-way.
Refuse Enclosures - Standards
Refuse enclosures shall comply with the following:
Minimum interior dimensions - Please check with city's trash hauler for specific requirements, as they vary from use to use.
The walls of each solid waste enclosure shall be constructed of concrete block or other solid masonry material with an exterior surface finish compatible with the main structure(s).
Each solid waste enclosure shall have a solid gate capable of screening the contents of the enclosure.
Each solid waste enclosure should be designed to allow walk-in pedestrian access without having to open the main enclosure gate.
The property owner shall supply and maintain adequate bins and containers for waste disposal.
Solid waste enclosures shall be architecturally compatible with the main building.
All trash enclosures constructed after the date of the adoption of this article shall comply with the standards set by the Department of Public Works to address runoff water quality and pollutant source reduction.
A 2 foot perimeter surrounding each recycling and solid waste enclosure, exclusive of access to the enclosure, shall be planted with landscaping.
No solid waste enclosure shall be located in any front or corner side yard.
No recycling or solid waste enclosures (including access doors, when open) shall be located in any required parking space.
Instructional signs shall be conspicuously posted on each trash enclosure giving instructions on the use of the bins and containers.
Refuse Enclosures - Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure, or a combination thereof, which is compatible with the design of the principal structure on the site.
Fencing and Screening
Except for areas used for traffic circulation, a natural wood or uniformly painted wooden fence, masonry wall, or shrubbery between 3 and 6 ft in height, shall be maintained along the interior lot lines. Where any interior lot line abuts a residentially zoned lot with a permitted residential use, 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 6 ft in height, except within 20 ft of the front property line, in which case, it shall not exceed 42 inches in height.
Required Parking
See Chapter 17.16
Table 17.11.010-C Site Plan Requirements for Automobile Service Stations
Standard
Requirements
Minimum building site
20,000 sq ft
Minimum frontage on one street*
140 ft
Minimum setbacks for fuel pump islands, measured from the property lines**
15% of depth of the lot or 20 ft (whichever is less)
Minimum Facilities Required - Principal service structure:
2 restrooms, office area; equipment and miscellaneous storage and service area adequate to provide for the operation and maintenance of the station. A minimum of 1 air and water outlet for each site.
*
In the case of corner lots, frontage shall be measured to the extension of the intersecting property lines.
**
A canopy or roof structure over a pump island may encroach up to 10 ft from the street property line.
C. 
Performance Standards. Automobile service stations 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 assure that no trash or litter originating from the site is deposited on the 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 purposes of this section, the usual operating hours shall be considered to be between 6:00 a.m. and 10:00 p.m. if the establishment is within five hundred feet of a residential zone. Any modification of these hours must be approved by the planning commission.
5. 
No undesirable odors may be generated from the site.
6. 
Air for tire inflation, water for radiators, windshield washing materials, and men's and women's public restrooms shall be provided to the public at no charge.
7. 
Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
8. 
A copy of these performance standards shall be posted alongside the establishment's permits and licenses and visible to employees at all times.
9. 
Restroom Access. All restrooms shall take access from the interior of a building. No exterior access to the restrooms shall be permitted.
10. 
Vapor Recovery Equipment.
a. 
All equipment shall be located adjacent to a building, but as far as possible, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals, or group homes. In no case shall the vapor recovery equipment be located within twenty feet to any property with a residential use or other uses designed for overnight human habitation.
b. 
The location on the site shall not disrupt the flow of vehicular traffic onto and off of the site.
c. 
All vapor recovery equipment shall be completely screened from public view by architectural building features or other screening elements that are compatible in color, texture, and design with the principal structure.
D. 
Closed Service Stations.
1. 
All closed service stations, including all buildings, structures, and yards shall be maintained so there is no adverse or detrimental effect on the property of others within the vicinity or neighborhood. All landscaping shall be maintained and properly irrigated and shall not be allowed to become overgrown or dead.
2. 
The conversion of a service station to another use shall be reviewed during site plan review and/or conditional use permit and shall be approved by the commission prior to any remodeling or occupancy and pursuant to any cleanup and capping requirements regulated by the county, state, or federal agencies.
(Ord. 1271, 4/23/2024)

§ 17.11.020 Boarding and roominghouses.

A. 
Purpose. The purpose of this section is to provide standards to ensure that residences used as boarding or roominghouses shall be compatible with surrounding neighbors and will not adversely impact the area in which such use is located.
B. 
Conditional Use Permit - Required. A conditional use permit shall be required for all boarding and roominghouses.
C. 
Design standards:
1. 
No exterior alterations shall be made to the residential structure which will change its appearance as to make it out of context with the surrounding dwellings.
2. 
All parking will be located in the rear yard area.
3. 
Parking standards shall be the same as for one bedroom or efficiency apartments.
4. 
Driveway locations and widths must meet standards established by the city and be reviewed by the community development department prior to the approval of the conditional use permit.
D. 
Performance Standards. Boarding and roominghouses shall be operated in a manner which does not interfere with the normal use of adjoining properties. If, in the opinion of the director community development, the provisions of the conditions of approval of the conditional use permit are being violated, such violations shall be grounds for reopening the conditional use permit hearing and the addition of conditions to correct the violations or, if the violations are severe enough, to consider revocation of the conditional use permit.
(Ord. 1271, 4/23/2024)

§ 17.11.030 Day care centers.

A. 
Purpose. These standards are designed to complement the variety of state laws which control development and operation of day care centers.
B. 
Conditional Use Permit—Planning Commission Criteria. Large day care centers (not more than fourteen children) require the approval of a conditional use permit. In evaluating the conditional use permit, the planning commission shall consider the following criteria:
1. 
Off-Street Parking. One off-street parking space shall be provided for each two employees working at any one time. The spaces shall be in addition to any spaces required for any other use occupying the same building or premises.
2. 
Off-Street Loading. Wherever possible, an area for the loading and unloading of children shall be provided on the site and laid out in such a manner as to provide for forward travel of vehicles both on entering and leaving the site.
C. 
Conditional Use Permit—State Requirements. Indoor areas, outdoor play areas, restrooms, fencing, and other structural requirements shall be governed by the California Health and Safety Code. Any application for a conditional use permit will show evidence of compliance with the applicable state laws.
D. 
Permitted by right—Family daycare home, a daycare center with fourteen children or less that's within the provider's home.
E. 
Licensing. Licensing of day care centers is the responsibility of the Los Angeles County Department of Public Social Services (DPSS) and any applicant for a conditional use permit must show evidence of application to Los Angeles County for proper licensing.
(Ord. 1271, 4/23/2024)

§ 17.11.040 Drive-In and drive-through establishments.

A. 
Purpose. The purpose of this section is to provide standards of development and performance for drive-in and drive-through establishments.
B. 
Retail Sales of Gasolines and Lubricants as an Accessory Use. The retail sale of gasoline and lubricants is permitted with conveyor and nonconveyor automobile washing operations, automobile repair garages which perform major mechanical repair, parking garages (structures), if the sale of gasoline and lubricants is accessory to the principal use, or in conjunction with a tire, battery and automobile accessory store which is part of a shopping center.
C. 
Location Criteria. A drive-in or drive-through establishment may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:
1. 
Access.
a. 
Primary access shall be from a thoroughfare at least sixty-two feet in width.
b. 
The driveway entrance to a drive-through business shall not be within five of a curb return.
c. 
The width of driveways at the street property line shall not exceed thirty feet. The width of a common driveway may not exceed thirty-six feet.
d. 
The distance between driveways shall be at least twenty-five feet.
e. 
The driveway entrance to a drive-through shall be separated from the general on-site driveway aisle by a five-foot wide landscape planter (includes six-inch width concrete curbs).
2. 
Drive-in and drive-through uses may not be located across a street from residential zone districts unless the street is an arterial or collector street shown on the select street system. This provision does not apply to commercial off-street parking lots.
D. 
Landscaping. In addition to the landscaping requirements set forth in Section 17.06.070, the following additional standards shall apply:
1. 
Required planters abutting residential properties shall be planted with trees shrubs, which shall form an uninterrupted screen foliage not less than ten feet in width and which will grow to be not less than fifteen feet no more than twenty feet in height at full growth.
2. 
An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive-thru lane. Said hedge shall be planted and maintained at a height of three feet to three and one-half feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk.
E. 
Drive-Through Business Lane Standards.
1. 
All businesses that provide drive-through facilities for serving customers within their automobile shall provide stacking space that meets the requirement in Table 17.11.040-A.
2. 
Each stacking space shall be computed on the basis of a vehicle being nine feet in width and twenty feet in length. Each stacking lane shall be a minimum of twelve feet in width.
3. 
Clear identification and delineation between the drive-in lane(s) and parking lot shall be provided.
4. 
Where the lot dimensions allow, all drive-in business shall provide an escape lane that allows other vehicles to pass those waiting to be serviced.
5. 
The stacking lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or alley or traffic ways serving other on-site and/or off-site uses.
6. 
The minimum required length of any stacking space may be increased if it is determined that additional stacking area will be required to adequately serve the use.
7. 
A traffic study addressing both on-site and off-site traffic and circulation impacts may be required.
Table 17.11.040-A Drive-Through Facilities Requirements
Use
Number of Stacking Space
Banks
5
Coffee Facilities
Before order board
4
Between order board and pick-up window
4
Drug Stores/Pharmacies
4
Dry Cleaning
4
Fast-Food Restaurants
Before order board
4
Between order board and pick-up window
4
Car Washes (Self-Service, Coin-Operated)*
Entry
2
Exit
1
Car Washes (Full-Service)
Entry
6
Exit
2
*
Wash stalls shall not count as stacking space.
F. 
Performance Standards. Drive-in and drive-through establishments 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 assure that no trash or litter originating from the site is deposited on the 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. 
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.
5. 
No undesirable odors may be generated from the site.
6. 
Management of the use shall take all necessary steps to assure the orderly conduct of employees, patrons and visitors to the premises.
7. 
All deliveries made to businesses abutting residential zones shall occur between the hours of 7:00 a.m. and 9:00 p.m.
8. 
A copy of the required performance standards shall be posted alongside the establishment's permits and licenses and be visible to employees at all times.
(Ord. 1271, 4/23/2024)

§ 17.11.050 Hotels.

A. 
Purpose. The purpose of these development standards is to ensure that any hotel constructed in the city will enhance the appearance of both the area in which it is located and of the city as a whole.
B. 
Conditional Use Permit—Required. A conditional use permit shall be required for all hotels within the city.
Table 17.11.050 - A Development Standards for Hotels
Standard
Requirement
Walls Required
6 ft high decorative block wall will be constructed on side and rear property lines.
Landscaping
Minimum 10 ft landscaped setback on each street frontage. 20% of the total site shall be landscaped. 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 6 in concrete or 8 in masonry planter curbing.
Refuse Areas - Dimensions
5 ft x 7 ft
Refuse Areas - Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
C. 
Performance Standards. Hotels shall be operated in a manner which does not interfere with the normal use of adjoining properties. If, in the opinion of the director of planning and community development, or designee, the provisions of this section are being violated, the violations shall be grounds for reopening the conditional use permit hearing and the addition of conditions to correct the violations, or if the violations are severe enough, to consider revocation of the conditional use permit.
(Ord. 1271, 4/23/2024)

§ 17.11.060 Industrial and commercial uses adjacent to a residential zone.

A. 
Purpose. The purpose of this section is to provide development standards designed to protect single-family and multiple residential neighborhoods from the adverse impacts of industrial and commercial uses while permitting such uses to exist in near proximity to residences.
B. 
Design Standards for Industrial/Commercial Uses Adjacent to a Residential Zone.
Table 17.11.060-A Design Standards for Industrial/Commercial Uses Adjacent to a Residential Zone.
Standard
Requirement
Commercial/Industrial Uses Across the Street from Residential
No industrial or commercial building shall be constructed closer than 100 ft from an existing residence located in a single-family residential zone district when the residence is across a public or private street from the industrial or commercial parcel. If the residential parcel is vacant, the 100 ft will be measured from the building setback line established by the zone district regulations; if more than 1 residential parcel is involved, the distance shall be computed from the closest residential structure or from the setback line if there is a vacant parcel involved. Measurements shall be made from habitable structures only; detached garages, or accessory buildings will not be considered.
Commercial/Industrial Uses Adjacent to Single-Family Residential (Side or Rear)
Industrial or commercial buildings will maintain a setback (side or rear) of 50 ft from any existing residence located in a residential zone district. The side or rear setback area may be used for access to the site or for passenger vehicle parking only. No outdoor operations, storage or truck loading shall be permitted in this area.
Commercial/Industrial Uses Adjacent to Multifamily Residential (Side or Rear)
Industrial or commercial buildings will maintain a 5 ft side or rear setback from a multiple residential zone district with no openings, other than required fire exits facing the residential property. The only exception to this shall be in the case of a rear yard which abuts a multiple residential zone district. In this case, a 46-ft rear yard may be maintained providing that this area is used only for passenger vehicle parking and that the only openings facing the residential property are required fire exits.
Required Front Setback
That area between the property line and the face of a commercial or industrial building created to maintain the required 100 ft separation for buildings facing a residential zone district shall be considered a required front yard. Parking shall be permitted to the rear of the first 10 ft of the setback.
Loading Doors and Access
Access to an industrial or commercial site shall be located on the side farthest from the residential property when the properties are adjacent. Any loading doors which face a residential zone district shall be designed to require that all truck maneuvering take place on site whenever possible.
Landscaping
• All required front setbacks shall be fully landscaped except for pedestrian walks, necessary drives and parking areas to the rear of a 10-ft landscaped strip.
• 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 a 6-inch concrete or 8-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 healthy growing condition.
Fencing and Screening
A solid masonry wall, 8 ft in height shall be maintained on any property line which abuts a residential zone.
Fencing and Screening - Single Family Residential
When an industrial or commercial property is across a street from a residential zone district a solid masonry wall shall be constructed across any yard or parking area. This wall will be located to the rear of any required front setback.
Fencing and Screening - Multifamily Residential
When an industrial or commercial property is across a street from a multiple residential zone district, a fence or wall shall be constructed across any yard or parking area. This fence or wall shall be located to the rear of any required front setback and shall not exceed 42 inches in height if constructed of solid masonry, concrete or wood, but may be increased to a height of 8 ft if the increase in height consists of wrought-iron, chain link or other "see-through" material and the design is approved by the director of planning and community development, except when such wall or fence is required for screening purposes the wall fence shall be constructed of solid materials, either block or wood.
C. 
Performance Standards. All industrial and commercial businesses which are located in close proximity to residential zones shall be operated in a manner which will not interfere with the residents' enjoyment of their property. Accordingly, the following performance standards shall be applicable to all such establishments:
1. 
Noise levels measured at the property lines shall not exceed levels prescribed by noise regulations of the city.
2. 
All punch presses, shears and similar types of equipment shall be mounted on vibration reducing mounts so that no detectable level of vibration is transmitted to other properties or the public right-of-way.
3. 
No outdoor storage shall be permitted in any yard adjacent to a residential zone district.
4. 
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.
5. 
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 type.
6. 
No mechanical equipment such as compressors, pumps or air conditioning units will be placed adjacent to residentially zoned property.
7. 
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 section, the usual operating hours shall be considered to be between 6:00 a.m. and 10:00 p.m. Any modification of these hours which results in earlier or later hours of operation shall require the approval of the planning commission.
(Ord. 1271, 4/23/2024)

§ 17.11.070 Metal buildings.

A. 
Purpose and Intent. The city prohibits the construction of buildings with exterior walls or roofs of metal. Many buildings in the city have been constructed of S-type galvanized, uncoated metal prior to the prohibition of metal buildings. These buildings are now nonconforming. The cost to remove or recover the metal walls or roofs could be considerable and could force some businesses out of the city. Since the adoption of the prohibition on metal buildings, new, more aesthetic and structurally sound metal panels have been developed. The intent of these regulations is to provide guidance and standards for the rehabilitation or reconstruction of existing metal buildings in order that the existing buildings shall be upgraded with as little adverse economic impact upon the community as is reasonably possible.
B. 
Metal Buildings - Defined. For the purpose of these regulations, a "metal building" means any building or structure in which any exterior wall or roof is constructed of metal, or a combination of metal and any other construction material including, but not limited to, wood, masonry block, concrete or stucco. Any existing shed type building open on three or more sides and which is constructed predominately of metal and/or has a metal roof shall, for the purpose of these regulations, be classified as a metal building.
C. 
Metal Buildings - Prohibited. No new metal building shall be constructed within the city; except for any new metal building that can meet the development standards under subsection G of this section. This section does not prohibit use of metal for nonbearing architectural or decorative features.
D. 
Metal Buildings - Existing. Existing metal buildings visible from any public street or private street generally open to the public may remain at their current location subject to the following conditions:
1. 
Notwithstanding the provisions of Chapters 17.05 through 17.09, any metal building situated so that no other building is located between it and all streets from which the metal building is visible shall be entirely rehabilitated or reconstructed using nonmetallic materials, including wood, stucco, brick, masonry block or similar building materials, or may be reconstructed using approved metals meeting the standards contained in the figures in Section 17.11.120(E) of these regulations, or may be reconstructed using a combination of approved metals and any other acceptable building materials.
2. 
Notwithstanding the provisions of Chapters 17.03, 17.05, 17.06, 17.07, 17.08, 17.09, 17.10, 7.11 and 17.13, any metal building situated so that another building is located between the building and all streets from which the metal building is visible shall be required to replace only those portions of the building visible from the street, including edges of metal roofs, with nonmetallic building materials or with approved metals meeting the standards contained in the figures in Table 17.11.070-A. In addition, all other portions of the walls of such metal building which are not visible shall be coated as provided in the figures in Table 17.11.070-A in a color to match the rehabilitated portion of the building.
3. 
All rehabilitation or reconstruction required by this section on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilitation or reconstruction required by this section on buildings located within the Rosemead Business Improvement Project Area or within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992. Notwithstanding the above, all rehabilitation or reconstruction of roofs required by this section must be completed not later than provided in Section 17.11.070(E), regardless of whether the building is located within the boundaries of Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2.
4. 
Notwithstanding any other provision of this section, the city council may, after a public hearing held as prescribed in Section 17.03.130, grant an extension of the period of time permitted by this section for the rehabilitation or reconstruction in compliance with this section of buildings located in the Rosemead Business Improvement Project Area and Business Improvement District Project Area No. 2. One or more extensions may be granted for any use or building, but the total of such extensions shall not exceed two years.
5. 
The city council may grant an extension of the time periods prescribed by this section only where the following findings are made:
a. 
The property owner has provided proof satisfactory to the city manager and city attorney that a regulatory agency with jurisdiction over the property will not permit the rehabilitation or reconstruction required by this section without the expenditure of funds which would exceed the value of the property once rehabilitated or reconstructed by a factor of 1.0; or
b. 
The property owner has provided proof satisfactory to the city manager and city attorney that the property owner has received all necessary permits for the rehabilitation or reconstruction required by this section but that, in the discretion of the council, the property owner should be granted additional time to complete the rehabilitation or reconstruction; and
c. 
The property owner has provided proof satisfactory to the city manager and city attorney that the property owner has received all necessary permits for the rehabilitation or reconstruction required by this section but that, in the discretion of the council, the property owner should be granted additional time to complete the rehabilitation or reconstruction; and
d. 
That a schedule of repair and improvement has been established which will bring the property into a reasonable conformity within such period of time as the city council shall establish, not to exceed one year; and
e. 
That a time extension will not be materially detrimental to the public health or safety, or to the use, enjoyment or valuation of property of other persons in the vicinity.
6. 
The city council, in granting an extension as provided herein, may impose conditions it deems necessary to ensure that the grant will be in accord with the findings required. Failure to comply with the schedule of repair and improvement shall constitute grounds for revocation of any extension granted pursuant hereto, but only after a public hearing held as herein prescribed.
Table 17.11.070-A General Standards for Metal Panels and Coatings
Standard
Requirement
Metal Walls - Materials
All metal wall panels shall be 6-90 hot-dipped galvanized steel, and shall be not less than 24-gauge in thickness. All panels and exposed fasteners shall be coated at the factory with products meeting the following specifications:
• Colors shall not change more than 5E (hunter) units (per ASTM D-224) for a period of 20 years.
• Colors shall not chalk more than a 7 rating (per ASTM D-659) for a period of 20 years.
• Coatings shall not peel, crack, check or chip for a period of 20 years.
Panels Permitted as Replacement Material
Permitted metals
Only those metals meeting the standards contained in the figures above may be used to rehabilitate or reconstruct existing metal buildings except as provided in Section 17.11.070(G).
Prohibited metals
The use of S-type corrugated metal panels for rehabilitation or reconstruction of existing metal buildings is expressly prohibited as is any other metal panel not included in the figures above. No wall may be constructed or reconstructed using any metal other than those listed and illustrated above. The S-type galvanized corrugated metal panels illustrated below are specifically prohibited.
7. 
Any metal building which is granted an exception under the provisions of Section 17.11.070(G), must comply with the following:
a. 
Planning and community development department would survey building to determine if and to what extent repairs to existing panels are necessary;
b. 
Owner must do work in accordance with written specifications of the city and must use a licensed contractor and approved paint;
c. 
Must obtain a building permit;
d. 
Must execute a maintenance agreement with the city to ensure extended maintenance of the building;
e. 
All rehabilitation or reconstruction required by this section on buildings not located within the boundaries of the Rosemead Business Improvement Project Area or not located within the boundaries of South El Monte Improvement District Project Area No. 2 shall be completed not later than March 17, 1989. All rehabilitation or reconstruction required by this section on buildings located within the Rosemead Business Improvement Project Area shall be completed not later than April 24, 1992. All rehabilitation or reconstruction required by this section on buildings located within South El Monte Improvement Project Area No. 2 shall be completed not later than April 24, 1992. Notwithstanding the above, all rehabilitation or reconstruction of roofs required by this section must be completed not later than provided in Section 17.11.070(E), regardless of whether the building is located within the boundaries of the Rosemead Business Improvement Project Area or South El Monte Improvement Project Area No. 2.
E. 
Metal Roofs - Prohibited. Any metal building visible from a public street or private street generally open to the public must comply with the requirements of subsections A and B of this section within ten years of installation of a metal roof that does not comply with the requirements of Section 17.03.090 or by September 1, 1993, whichever is later. Furthermore, a permit for such improvement must be obtained no later than two years prior to the date upon which the improvements must be completed.
1. 
For a metal building so situated that no other building is located between the metal building and any street from which the metal building is visible, the roof of the metal building shall be covered by a nonmetal material, covered with metal meeting the requirements of this section, removed and replaced with metal meeting the requirements of this section, or removed and replaced with a nonmetal material.
2. 
For a metal building so situated that another building is located between the metal building and any street from which the metal building is visible, all portions of the roof visible from any street, shall be either covered with a metal meeting the requirements of this section, removed and replaced with a metal meeting the requirements of this section, or removed and replaced with a nonmetal material. In addition, all other portions of the roof of such metal building shall be covered with a paint material approved by the city manager in a color to match the visible portions of the metal roof improved pursuant to this subsection.
F. 
Metal Buildings - Exempt. Any metal building not visible from a public street or a private street generally open to the public may remain as a nonconforming building, but shall be removed in ten years from the effective date of these regulations codified in this section unless either of the following occurs:
1. 
Reconstruction or rehabilitation in conformance with the provisions of these regulations as they apply to a building fully visible from a public street or private street generally open to the public; or
2. 
Increase in building area, whether by addition, whereupon, the entire site must be brought into conformity with the zone district regulations for the zone in which the building is located.
G. 
Exception.
1. 
In any case where an existing metal building has been constructed of metal panels meeting one of the approved panel configurations shown in the figures in Table 17.11.070-A and such panels are in a good state of repair as determined by the building division, even though unpainted, such buildings may be treated with an approved coating as provided in the figures in Table 17.11.070-A in lieu of replacing the existing metal panels other than as required to eliminate damage.
2. 
Any new metal building shall be permitted if the building meets the following development standards:
a. 
The proposed metal building is located one hundred feet or more from the front property line;
b. 
The proposed metal building is not constructed on a corner lot; and
c. 
The exterior of the proposed metal building is a smooth exterior metal finish.
3. 
In addition to the requirements of subsections A and B, all other requirements of this Code shall be met, including the submission of a site plan, elevations and list of materials and colors for review and approval of the community development director. The above mentioned conditions must be satisfied; no variance shall be granted that would authorize a deviation from these conditions.
H. 
Landscaping. In order to facilitate the upgrading of existing metal buildings, landscaping provided shall not be required to comply with the landscaping requirements of the zone district in which the building is located. Every effort shall be made to meet requirements, however, failure to do so shall not preclude the issuance of the building permit.
I. 
Parking. Because many sites were developed in accordance with codes no longer in effect parking may not comply with current standards. Every effort shall be made to provide parking in accordance with the zone district regulations for the zone in which the site is located, however, failure to meet the current requirements shall not preclude the issuance of a building permit.
J. 
Information Required. Each applicant for a building permit to rehabilitate or reconstruct an existing building or buildings shall submit a site plan showing the parameters of the site, the location type and construction of each building on the site, parking, loading doors or docks, landscaping and storage areas. The applicant shall also submit elevations of the building(s) to be rehabilitated or reconstructed including details on materials to be used and colors.
(Ord. 1271, 4/23/2024)

§ 17.11.080 Mobile home parks.

A. 
Purpose. These standards are designed to ensure that mobile home parks located within the city are compatible with surrounding uses and will enhance the appearance of the neighborhood in which they are located and the city as a whole.
B. 
Conditional Use Permit - Required. A conditional use permit shall be required for the establishment or enlargement of any mobile home park.
Table 17.11.080-A Development Standards
Standard
Requirements
Minimum site area
5 acres
Setbacks
10 ft on all street frontages
Minimum Frontage - Mobile Home Spaces
Minimum frontage of 30 ft facing a drive or other designated roadway.
Area Requirements - Mobile Home Spaces
At least 80% of the sites or spaces within any mobile home park shall contain not less than 2,000 sq ft exclusive of areas required for off-street parking. The remaining 20% of such site will contain a minimum of 1,500 sq ft exclusive of areas required for off-street parking.
Off-Street Parking—Mobile Home Spaces
See Chapter 17.16
Recreation area
There shall be a minimum of 200 sq ft of area per mobile home space set aside for recreational purposes for residents of the park and shall be landscaped and designed as a recreational facility. Any recreation building proposed for the development shall be located in the designated recreation area.
Design standards
• Structures located on the site shall not exceed the maximum allowable height within the district unless approved by the planning commission.
• All buildings constructed on the site shall have a common architectural theme.
• A sign design plan, incorporating all proposed signs on the site, shall be required at the time the conditional use permit is considered.
Lighting
All lighting shall be designed to protect the public streets and neighboring properties from direct glare or hazardous interference of any kind.
Landscaping - Setbacks
All required setbacks shall be landscaped as well as 10% of the total site.
Landscaping - Materials1
Landscaped areas shall consist of trees, planted groundcover, shrubs, 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 6 in concrete or 8 in masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse enclosures
Sufficient refuse enclosures shall be provided. Such enclosures shall be constructed of masonry or wood, and shall be compatible with the general design theme of the park.
Refuse enclosures - Dimensions
Minimum interior dimensions of 5 by 7 ft
Fencing and Screening
A solid masonry wall, 6 ft in height shall be provided on all property lines, except that such wall shall be constructed to the rear of any required setback on street frontages.
1.
A landscape plan shall be submitted to the department of planning and community development for approval.
(Ord. 1271, 4/23/2024)

§ 17.11.090 Off-sale of beer and wine.

A. 
Purpose and Applicability. The purpose of this section is to protect the public health, safety and welfare by providing reasonable, uniform operational and performance standards for establishments selling beer and wine for off-site consumption ("off-sale beer and wine").
1. 
The provisions of this section shall not apply to establishments lawfully existing on the effective date of these regulations provided the establishment retains the same type of ABC license within a license classification; continues to legally operate without substantial change in mode or character of operation; and does not expand the square footage of area used for sales or services.
2. 
Nothing in this section shall prohibit or limit the transfer of a valid, existing off-sale permit to a new owner at the same location.
B. 
Conditional Use Permit—Required. A conditional use permit shall be required for off-sale beer and wine in addition to any other entitlement required for any use on the subject property. The application shall be filed by the applicant and considered by the planning commission for approval, conditional approval or denial pursuant to the procedures specified in Section 17.03.060. Any decision of the city to approve, conditionally approve, or deny the application shall be based upon written findings supported by substantial evidence in view of the whole record.
C. 
Concurrent Retailing of Motor Vehicles Fuel—Conditional Use Permit—Required. The provisions of Section 17.03.060 shall apply to any application for the concurrent retail sales of motor vehicles fuel with off-sale wine and beer. Any decision of the city to approve, conditionally approve, or deny the application shall be based upon written findings supported by substantial evidence in view of the whole record.
D. 
Operational and Performance Standards. Off-sale beer and wine establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining properties. In addition to any conditions imposed by the city, such uses shall be subject to the following operational and performance standards:
1. 
Noise levels measured at the property line shall not exceed the levels prescribed by the city's noise regulations as set forth in Chapter 8.20 of this Code.
2. 
The property shall be maintained in a safe and clean condition and the owner shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way.
3. 
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 section, the usual hours of operation shall be as permitted by the state regulations for the off-sale of alcoholic beverages unless the city imposes shorter hours of operation as a condition to the permit to protect the public health, safety and welfare.
4. 
The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. 
There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot stating that loitering and consumption of alcohol are each prohibited.
6. 
Video or other coin-operated games may only be permitted subject to the provisions of Section 7.90.430 of the county business license ordinance.
7. 
There shall be no outside vending machines other than newspaper racks or public telephones.
8. 
There shall be no adult merchandise, as that term is defined in Section 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. 
The permittee shall maintain all required permits and licenses in good standing.
10. 
There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any conditions imposed thereon.
E. 
Conditional Use Permit - Off-Sale Beer and Wine—Expiration. The regulations set forth in Section 17.03.060 regarding expiration apply to any conditional use permit for off-sale of beer and wine.
1. 
Notwithstanding Section 17.03.060, a permittee may request an extension of any time limit provided in Section 17.03.060 by filing a written request with the city's community development department before the conditional use permit expires.
2. 
A request for an extension of time shall state the reasons why an extension is needed. The planning commission will consider the request at a duly noticed public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or conditionally approve the extension for up to one hundred eighty days.
F. 
Modification or Revocation. A conditional use permit granted pursuant to this section shall be subject to modification and/or revocation. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding properties, the body taking final action on the permit may modify and/or revoke the conditional use permit pursuant to the provisions in the manner provided by Section 17.03.060 of this title.
G. 
Design Standards. The design and appearance of any off-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compatible with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general.
(Ord. 1271, 4/23/2024)

§ 17.11.100 On-sale of beer and wine.

A. 
Purpose and Applicability. The purpose of this section is to protect the public health, safety and welfare by providing reasonable, uniform operational and performance standards for establishments selling or serving beer and wine for on-site consumption ("on-sale beer and wine").
1. 
The provisions of this section shall not apply to establishments lawfully existing on the effective date of these regulations provided the establishment retains the same type of California Alcohol Beverages Control ("ABC") license within a license classification; continues to legally operate without substantial change in mode or character of operation; and does not expand the square footage of area used for sales or services.
2. 
Nothing in this section shall prohibit or limit the transfer of a valid, existing on-sale permit to a new owner at the same location.
B. 
Conditional Use Permit - Required. A conditional use permit shall be required for on-sale beer and wine in addition to any other entitlement required for any use on the subject property. An applicant shall file an application for consideration by the planning commission for approval, conditional approval or denial pursuant to the procedures specified in Section 17.03.060. Any decision of the city to approve, conditionally approve, or deny the application shall be based upon written findings supported by substantial evidence in view of the whole record.
C. 
Conditional Use Permit - Distance Requirements. No conditional use permit for on-sale beer and wine shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious institution, school, park, or area zoned for residential uses. The distance 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 use is proposed to the nearest property line of the existing on-sale use, religious institution, school, park or property zoned for residential uses.
D. 
Operational and Performance Standards. On-sale wine and beer establishments shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining properties. In addition to any conditions imposed by the city, all such uses shall be subject to the following operational and performance standards.
1. 
Noise levels measured at the property line shall not exceed the levels prescribed by the city's noise regulations as set forth in Chapter 8.20 of this Code.
2. 
The property shall be maintained in a safe and clean condition and the owner shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way.
3. 
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 section, the usual hours of operation shall be as permitted by the establishment's ABC license unless the city imposes shorter hours of operation as a condition to the conditional use permit to protect the public health, safety and welfare.
4. 
The owner and operator shall each take all necessary steps to assure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. 
There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot stating that loitering and consumption of alcohol are each prohibited.
6. 
Video or other coin-operated games may only be permitted subject to the provisions of Section 7.90.430 of the county business license ordinance.
7. 
There shall be no outside vending machines other than newspaper racks or public telephones.
8. 
There shall be no adult merchandise, as that term is defined in Section 5.25.020 of this Code, visible anywhere on the property and no such merchandise shall be sold to minors.
9. 
The permittee shall maintain all required permits and licenses in good standing.
10. 
There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any conditions imposed thereon.
E. 
Conditional Use Permit - One Sale Beer and Wine - Expiration. The regulations set forth in Section 17.03.060 regarding expiration apply to any conditional use permit for on-sale of beer and wine.
1. 
Notwithstanding Section 17.03.060, a permittee may request an extension of any time limit provided in Section 17.03.060 by filing a written request with the city's community development department before the conditional use permit expires.
2. 
A request for an extension of time shall state the reasons why an extension is needed. The planning commission will consider the request at a duly noticed public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or conditionally approve the extension for up to one hundred eighty days.
F. 
Modification or Revocation. A conditional use permit for the on-sale of beer and wine shall be subject to modification and/or revocation. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding properties, the body taking final action on the application shall conduct a public hearing pursuant to Section 17.03.060.
G. 
Design Standards. The design and appearance of any on-sale establishments, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compatible with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general.
(Ord. 1271, 4/23/2024)

§ 17.11.110 Public utility facilities.

A. 
Purpose. The purpose of this section is to provide standards of development designed to lessen the negative impacts caused by public utility facilities and to ensure their compatibility with neighboring uses.
B. 
Location Criteria.
1. 
Such uses shall be located on arterial or larger streets unless another location shall be approved by the planning commission.
2. 
Such uses shall not be located on any side of, or across from any residential use, park, school or church unless such use is a water well, pump station, enclosed water storage facility or cellular telephone antenna.
3. 
The site shall be of sufficient size to accommodate all structures and required parking for the site.
C. 
Design Standards. The design and appearance of public utility facilities shall be compatible with surrounding uses and shall not detract from the neighborhood in which the use is located. The design of such facilities shall include, but not be limited to:
Table 17.11.110-A Design, Development, and Site Standards and Requirements for Public Facilities
Standard
Requirements
Height of Structures
Structures located on the site shall not exceed the maximum allowable height within the zone district unless approved by the planning commission.
Materials of Structures
Offices, maintenance buildings and, where possible, the facility itself shall incorporate building materials which are compatible with materials used in surrounding development.
Loading Docks/Doors
Any loading dock or door facing a public or private street shall be located in such a way that all truck maneuvering shall take place on site whenever possible.
Lighting
Control of lighting and light fixtures.
Minimum Site Area
None
Minimum Setbacks - Front
20 ft
Minimum Setbacks - Side/Rear
10 ft
Landscaping
Landscaped areas shall consist of trees, planted groundcover, shrubs, 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 6-inch concrete or 8-inch masonry planter curbing. All landscaped areas shall be maintained by the owner or operator in a reasonably litter-free, weed-free condition and all plant materials shall be kept in a healthy, growing condition.
Refuse Enclosures - Screening
Refuse disposal areas shall be adequately screened from view utilizing a decorative wood or masonry enclosure or a combination thereof, which is compatible with the design of the principal structure on the site.
Refuse Enclosures - Dimensions
5 ft x 7 ft
Fencing and Screening
Except for areas used for driveways, a solid masonry wall or chain link fence containing sight-obscuring slats shall be maintained along all lot lines. The maximum height of the fence cannot exceed 8 ft. The fence constructed along any street side of the site shall be located to the rear of any required setback.
Required Parking
See Chapter 17.16
D. 
Performance Standards. Public utility facilities shall be operated in a manner which does not interfere with the normal use of the adjoining properties. Accordingly, the following performance standards shall be applicable to all such establishments:
1. 
Noise levels measured at 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. 
No undesirable odors shall be generated from the site.
(Ord. 1271, 4/23/2024)

§ 17.11.120 Radio and television antennas and wireless telecommunications antenna facilities.

A. 
Purpose and Intent. The city council finds, determines and declares as follows:
1. 
The purpose of the regulatory provisions set forth in this section is to establish development standards for the installation and maintenance of antennas and wireless telecommunications antenna facilities within specified areas of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to enhance the aesthetic quality and appearance of the city by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.
2. 
In adopting and implementing the regulatory provisions of this section, it is the intent of the city council to further the objectives specified above in subsection A without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of those antennas.
3. 
With regard to the regulatory requirements set forth below in Section 17.11.120(B) that relate to site plan review and to a building permit, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community in order to protect public safety. The city council further finds and determines that these regulatory requirements are applicable to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that, because of legitimate safety-related concerns, do not meet the criteria for exemption from local regulation established by the Federal Communications Commission ("FCC") under the Telecommunications Act of 1996.
4. 
The regulatory provisions set forth in this section are not applicable to any of the following:
a. 
City-owned antennas or antenna facilities, including those used for emergency communications and public safety purposes, that are located or proposed to be located on either publicly-owned or privately-owned property.
b. 
Privately-owned over-the-air reception devices that are located or proposed to be located on city-owned property or within the public rights-of-way; provided that owners of such devices must obtain encroachment permits and comply with all applicable requirements that relate to the use of the public rights-of-way.
B. 
Regulation of Over-the-Air Reception Devices.
1. 
Mandatory Compliance with Code Requirements. In addition to compliance with all safety-related development standards set forth in this section, the installation of over-the-air reception devices must be in compliance with all applicable building codes, fire codes and electrical codes. In particular, electrical service must be properly grounded, and rated fire walls may not be penetrated.
2. 
Permitted Accessory Uses. Over-the-air reception devices described below in this subsection may be installed as permitted accessory uses in zoning districts where residential and nonresidential uses are authorized without site plan review and without obtaining a building permit, provided that they comply with all applicable development standards set forth in subsection C of this section.
Table 17.11.120-A Permitted Accessory Uses—Over-the-Air Reception Devices
Use Type
Approval and Permit Requirements
An antenna located in any zoning district that is designed for the following purposes and that meets the specified dimensions and height limitations:
P
A.
An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, provided that such antenna is 1 meter (39.37") or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast.
B.
An antenna that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is 1 meter (39.37") or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast.
C.
Antennas referenced above in subsections (A) and (B) of this section, whether building-mounted or ground-mounted, may not exceed the height limitation that is applicable to the zoning district involved.
An antenna that is designed to receive video programming services that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is 2 meters (78.74") or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast. In no event may such antenna exceed the height limitation that is applicable to the zoning district involved.
P
An antenna located in any zoning district, which antenna is designed solely to receive television broadcast signals, and such antenna, whether building-mounted or ground-mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality.
P
C. 
Development Standards.
1. 
The following development standards apply in all zoning districts to the siting, construction and operation of over-the-air reception devices consisting of satellite earth station antennas that are referenced above in Table 17.11.120-A, subsections A and B of this section, and to all over-the-air reception devices consisting of satellite earth station antennas that are subject to site plan review and to the issuance of a building permit.
Table 17.11.120-B Design and Development Standards for Over-the-Air Reception Devices
Device/Facility
Requirements
Satellite Earth Stations
• No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.
• Satellite earth station antennas, whether ground-mounted or building-mounted, including any guywires, masts and accessory equipment, must be located and designed to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping, fencing or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified if the antenna's reception is impaired.
• No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure, or between the main building or structure and the side property line on the street side of a corner lot.
• Satellite earth station antennas must be finished in a non-metallic finish or painted in a color that is compatible with the surrounding environment
• All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors. • All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance that is required by the electrical code and by other statutes and regulations.
• No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized as provided for in this Code.
• All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire and electrical codes.
Guywires
Guywires may not be anchored within the front yard of any lot or within the side yard on the street side of a corner lot.
Masts
• Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials.
• Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.
Cables, Wires or Similar Electrical Transmission Devices
To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.
Footings
If footings are required for the installation of a ground-mounted satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer.
Connectors
All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of the magnitude specified in the Building Code.
Additional Standards - Satellite Earth Stations in Nonresidential Zones
• All ground-mounted satellite earth station antennas must be located at least 5 ft from any property line.
• If roof-mounted, a satellite earth station antenna must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development.
D. 
Site Plan Review Required.
1. 
If a proposed satellite earth station antenna will exceed the permissible height limitations referenced above in Table 17.11.120-A subsections A and B of this section, or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the limitations specified in Table 17.11.120-A subsections A and B of this section, then an application for site plan review must be submitted to the director of community development and approved by the architectural board of review. If the application is approved, a building permit must be obtained;
2. 
The city council expressly finds and determines that these regulatory requirements relating to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the Federal Communications Commission ("FCC") under the Telecommunications Act of 1996;
3. 
In addition to any other requirements set forth in this title, the application for site plan review must include the following:
a. 
Construction drawings that show the proposed method of installation and the manufacturer's specifications, including equipment specifications that are mandated by the FCC,
b. 
A plot plan showing the proposed location on the site of the satellite earth station antenna on the site, its distance from other structures on the site, and its distance from the closest structures on adjacent properties,
c. 
Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the Building Code.
E. 
Guidelines for Optimum Placement and Installation.
1. 
The city manager may cause to be prepared and disseminated information concerning the placement and installation of satellite earth station antennas in accordance with voluntary guidelines that will help to achieve the city's safety-related objectives and to promote reasonable aesthetic objectives in order to maintain property values.
2. 
The information referenced above in Section 17.11.120(A) of this section may include, without limitation, the following:
a. 
Installers of satellite earth station antennas who are licensed to conduct business within the city;
b. 
Federal regulations promulgated by the FCC that preempt governmental and nongovernmental restrictions on antenna users who occupy residential units, including residential units subject to homeowner association CC&Rs and residential units within multiple-dwelling complexes, whether owner-occupied or tenant-occupied;
c. 
The availability to existing or prospective antenna users of "no fee" safety-related inspections by the city;
d. 
Guidelines relating to the preferred placement of satellite earth station antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms or landscaping, or the addition of new architectural elements that are compatible with the design of adjacent buildings;
e. 
Guidelines relating to preferred neutral finished colors of satellite earth station antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflective nor metallic.
F. 
Regulation of Wireless Telecommunications Antenna Facilities.
1. 
Facilities within Public Rights-of-Way. Wireless telecommunications antenna facilities that are proposed to be installed in any zoning district where those facilities are authorized, which facilities have above-ground components that will be placed within any public rights-of-way, must comply with all applicable provisions of the city's highway permit ordinance.
2. 
City-Owned Land, Buildings, and Rights-of-Way.
a. 
Except for Section 17.11.120(F)(1) of this section, the regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities on or within city-owned land or buildings. The proposed siting of these facilities on all city-owned property will require a license or lease agreement with the city, which license or lease agreement must be approved by the city council.
b. 
Except for Section 17.11.120(F)(1) of this section, the regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities, or to the siting of radio equipment used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon existing above-ground poles or similar appurtenances located within the public rights-of-way. Applications for the placement of these antenna facilities or radio equipment upon existing above-ground poles or similar structures located within the public rights-of-way will be submitted to the director of community development on a form provided by the city, along with an application fee in an amount established by resolution of the city council. Any authorized use of existing poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the city.
c. 
Except for Section 17.11.120(F)(1) of this section, the regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities, or to the siting of radio equipment used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way. Applications for the placement of these antenna facilities or radio equipment upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way will be submitted to the director of community development on a form provided by the city, along with an application fee in an amount established by resolution of the city council. Authorization for the installation of any new above-ground pole or similar structure for the operation of an antenna facility or radio equipment will be subject to a license, lease or franchise agreement with the city, as may be applicable and authorized by law, which license, lease or franchise agreement must be approved by the city council.
d. 
Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of Section 17.11.120(F)(2) of this section may contain a requirement that the telecommunications service provider, or the property owner, submit documentation that the electromagnetic fields (EMFs) from the proposed antenna facilities or radio equipment will be within the limits approved by the FCC, and that a report be submitted annually evidencing the fact that the EMFs continue to be within approved FCC limits.
3. 
Applicability of Regulations. Subject to the exceptions set forth in Section 17.11.120(F)(1) of this section, the regulatory provisions of this section are applicable to the siting of wireless telecommunications antenna facilities on land and buildings located within the following zoning districts: the commercial zone (C), the commercial-manufacturing zone (C-M), the manufacturing zone (M) and the public-facilities zone (P-F). The siting and construction of wireless telecommunications antenna facilities in these nonresidential zoning districts where those facilities are authorized is subject to site plan review and to a building permit.
4. 
Application for Site Plan Review. The application for site plan review must include the following:
a. 
A site plan, drawn to scale, showing all existing improvements on the site, the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy-wires, above- and below-ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility;
b. 
A description of the maximum potential of the site for the proposed wireless telecommunications antenna to accommodate the installation of additional antennas;
c. 
A location map showing existing wireless telecommunications antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage;
d. 
Documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications facility, both individually and cumulatively, will be within the limits approved by the FCC. As a condition of approval of any site plan or building permit, the reviewing authority may require the annual submission of a report prepared by a qualified person evidencing the fact that EMFs continue to be within approved FCC limits;
e. 
A statement concerning the minimum distance from the proposed wireless telecommunications antenna facility that is required to ensure that no person will be exposed to any harmful effects attributable to EMFs;
f. 
Evidence of any required licenses and approvals to provide wireless telecommunications services in the city;
g. 
The property owner's written consent to the proposed siting of the wireless telecommunications antenna facility and acknowledgment of its obligations under this section.
5. 
Factors Considered in Approving Site Plans. The reviewing authority must consider the following factors in determining whether to approve the site plan for a wireless telecommunications antenna facility:
a. 
Height of the proposed facility;
b. 
The nature and proximity of existing uses on adjacent properties;
c. 
Surrounding topography;
d. 
Surrounding tree coverage and foliage;
e. 
Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure;
f. 
Proposed ingress and egress;
g. 
Availability of suitable existing buildings or support structures, as set forth in subsection F of this section.
Table 17.11.120-C Design and Development Standards for Wireless Telecommunications Antenna Facilities
Device/Facility
Requirements
Antenna arrays
Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.
Telecommunications Support Structures
The siting of new support structures is subject to the following additional requirement: no new support structure in the manufacturing or public facilities zoning districts will be authorized unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing nonresidential building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following:
No existing nonresidential buildings or support structures are located within the geographic area proposed to be served by the applicant's facility;
Existing nonresidential buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements;
The applicant's proposed facility in the zoning district would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array;
Telecommunications Support Structures
The costs, fees or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co-locate a new antenna array on an existing nonresidential building or support structure, or to adapt an existing nonresidential building or support structure for the location of the new antenna array, are unreasonable;
There are other limiting factors that render existing nonresidential buildings and support structures unsuitable for use by the applicant.
If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.
The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.
Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.
Protective Structures Housing
Protective structures housing accessory equipment must comply with all applicable requirements of the Zoning Code that relate to accessory structures.
Fencing
If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials.
Signs
No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached.
G. 
Maintenance and Cessation of Use. The following requirements apply to all authorized wireless telecommunications antenna facilities that are located on existing buildings or support structures and on new support structures:
1. 
The site must be maintained in a condition free of trash, debris and refuse, and all graffiti and posters must be promptly removed.
2. 
If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee or the property owner must give written notice of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure, must be removed within a ninety-day period. If that removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the expense of the permittee or the property owner; provided that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.
H. 
Local Emergency or Disaster Situations—Temporary Installations. The city manager, as the director of the office of emergency services designated in Section 2.60.050, is authorized in the event of a local emergency or disaster to accommodate all providers of wireless telecommunications services whose antenna facilities can be deployed immediately within the city for the purpose of implementing the emergency services plan, coordinating the emergency and disaster functions of the city, and protecting life and property. The temporary deployment of such wireless telecommunications antenna facilities may be authorized at such locations, and for such period of time, as will afford maximum protection for the public health, welfare and safety.
I. 
Variances:
1. 
In accordance with the provisions of Section 17.03.160, application may be made for a variance from the restrictions and limitations imposed by this section upon the siting of satellite earth station antennas and wireless telecommunications antenna facilities.
2. 
A variance may be issued if, in addition to the general variance standards, the following requirements are met:
a. 
The applicant submits evidence satisfactory to the reviewing authority that location of the satellite earth station antenna or the wireless telecommunications antenna facility in the manner required by this section would: (i) obstruct the antenna's reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or (ii) the cost of meeting the requirements of this section is excessive in relation to the cost of the proposed antenna or antenna facility.
b. 
The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the building code, including load distributions upon any proposed mast or other support structure.
3. 
A variance may be revoked if the applicant or property owner fails to comply with any conditions that are imposed upon the issuance of that variance.
J. 
Regulation of Amateur Radio Station Antennas.
1. 
Building Permit Required. Nothing contained in this section may be deemed to exempt from the requirement of a building permit the installation of an amateur radio station antenna that, because of its limited height, is not required to obtain site plan review approval under the provisions of subsection B of this section.
2. 
Site Plan Review Required. The proposed installation in any zoning district of an amateur radio station antenna, whether ground-mounted or building-mounted, which antenna will extend more than fifteen feet above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for site plan review, and, if the application is approved, a building permit must be obtained.
3. 
Application for Site Plan Review. The application for site plan review must include the following:
a. 
Construction drawings that show the proposed method of installation and the manufacturer's specifications,
b. 
A plot plan showing the proposed location and dimensions of the amateur radio station antenna,
c. 
Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code,
d. 
Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.
4. 
Factors Considered in Approving a Site Plan.
a. 
In considering the approval of a site plan for a proposed amateur radio station antenna, the reviewing authority must consider the following factors:
i. 
Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated,
ii. 
Proximity of the proposed amateur radio station antenna to inhabited buildings and structures,
iii. 
The nature of existing uses on adjacent and nearby properties,
iv. 
Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna,
v. 
Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zoning districts.
b. 
In making any determination during the site plan review process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines:
i. 
The imposition of conditions or restrictions relating to the placement, screening or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified in Section 17.11.120(J)(4)(a) of this section, and the reasonable accommodation required under Section 17.11.120(J)(4)(a) of this section.
ii. 
The site plan review process must be conducted to: (A) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (B) impose the minimum practical restrictions, limitations and conditions in order to achieve the city's legitimate regulatory objectives.
K. 
Nonconforming Antennas. Any antenna constructed in violation of this section, or in violation of any prior ordinance or regulation, is subject to immediate abatement.
L. 
Enforcement.
1. 
All satellite earth station antennas, amateur radio station antennas and wireless telecommunications antenna facilities are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this section.
2. 
If any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within the period of time specified in that notice.
3. 
Failure to comply with any applicable provision of this section, or with conditions that may be imposed in connection with site plan review approval or issuance of a building permit, will constitute a public nuisance.
(Ord. 1271, 4/23/2024)

§ 17.11.130 Residential condominiums.

A. 
Intent and Purpose. Residential condominium projects may require that numbers of householders live in close proximity to one another. Condominium projects also require that such owners be bound together in an association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the city. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short- and long-term, it is the express intent of the city to treat residential condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of these regulations are:
1. 
To ensure that the significance of the fragmented pattern of condominium ownership with respect to long-range planning, unforeseen change and maintenance of the city's housing stock is not superficially discounted in favor of short-term and expedient financial consideration;
2. 
To establish reasonable procedures for the dissolution of the condominium and demolition of the structure at the end of their economic, functional or physical life and thus obviate conditions of residential obsolescence and blight and their pernicious effects upon both immediate occupants and the larger community;
3. 
To ensure that the potentially deleterious effects resulting from a lack of continuous and centralized management do not impact upon the public health, safety and welfare and, at the same time, ensure that there is democratic and effective management of the project that does not allow, over time, a majority of the unit owners to effectively contravene the initial commitments made to the project at the time of its inception and thus undercut the good faith of any minority of unit owners;
4. 
To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expectations and changing needs of property owners over long periods of time;
5. 
To ensure that the project developer is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment undesirable and the transfer of unit ownership difficult;
6. 
To ensure that the project developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the creation of the project and to ensure that the project, once completed, maintains its integrity over time not only to preserve the long-term financial commitment of the unit owner, but also to optimize the utilization and aesthetic qualities that make the project a viable home in the future;
7. 
To ensure that, when appropriate, governmental entities have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace.
B. 
Conditional Use Permit - Required.
1. 
No residential condominium shall be permitted in any zone unless such zone permits such usage and unless and until a conditional use permit is obtained thereof.
2. 
Except for strictly interior modifications to individual condominium units, no structural or architectural alterations, except incidental maintenance, shall be made to any existing residential condominium or its common areas within the city, unless and until a conditional use permit is obtained therefor. An applicant seeking a conditional use permit in order to make structural or architectural alterations to an existing condominium shall not arbitrarily or unreasonably be denied a conditional use permit where compliance with the provisions of Chapter 17.05 through 17.09, would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration; provided, that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in subsections F through J of this section and would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration, provided that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in subsection (A)(1).
C. 
Conditional Use Permit - Application. The application for a conditional use permit for a proposed residential project shall include the following information, in the number of copies and degree of detail which the planning department determines to be sufficient for its staff and the planning department to evaluate the project:
1. 
A complete legal description and address of the property and boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six inches in diameter.
2. 
Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal sections showing natural grades and a conceptual landscaping plan for the project as a whole. In instances where the project involves the conversion of an existing structure to condominium usage, complete as built drawings shall be provided.
3. 
A tabular analysis showing how the project compares to the minimum standards for four projects in the zone in which it would be located.
4. 
Typical detailed sections of the types of wall and floor/ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.
5. 
The proposed condominium documents including declaration of covenants, conditions and restrictions, description of project elements and tentative condominium plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project.
6. 
Such other information which the planning commission or planning department determines is necessary to evaluate the proposed project.
D. 
Fees. The fee for the processing of an application for a conditional use permit for condominium usage shall be in an amount set by resolution of the city council.
E. 
Condominium Development - Compliance With Criteria and Standards. The commission shall review all proposals for residential condominium usage in order to determine their degree of compliance with both the development standards and development criteria delineated in subsections I and J of this section. A condominium proposal which does not comply with all of the precise standards in these sections may be approved where the commission finds that there are unusual circumstances regarding the development's location, site or configuration; that the project is in substantial compliance with both the development standards and development criteria and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of this section.
F. 
Condominium Development—Standards. The commission shall require, except as noted in subsection E of this section that all residential condominium projects conform to all ordinances of the city and all of the following condominium development standards:
Table 17.11.130-A Condominium Development Standards
Standard
Requirements
Minimum Lot Area
Net area greater than 1 acre
Density (minimum)
1 du per 2,500 sq ft
Common Open Space2
Must be at least 15% of gross area. Common open space shall be that portion of the total land area developed for recreational purposes and designated for the use and enjoyment of all of the occupants of the condominium project but shall not include streets, highways or utility easements where the ground surface is not available or other areas primarily designed to serve other functions.
Private Open Space 0-1 Bedrooms3
Minimum of 130 sqft1
Private Open Space - 2+ Bedrooms3
Minimum of 150 sqft1
Private Open Space - Dimensions3
Such space shall have a configuration that would allow a horizontal rectangle or square of 100 sq ft and a minimum dimension of 7 ft to be placed in the space.
Private Open Space - Intended Use and Location3
The space shall be designed for the sole enjoyment of the unit owner and guests and shall have at least 1 weather-proofed duplex receptacle electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from either a kitchen, dining room, family room or living room within the unit.
Outdoor Living Space
400+ sq ft per unit
Private Storage Space—Size and Dimensions
Each unit shall have at least 400 cubic ft of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner. Such space shall have a minimum horizontal surface area of 50 sq ft, a minimum interior dimension of 5 ft, and an opening not less than 3.5 ft by 6 ft.
Private Storage Space—Provision4
Storage space may be provided within individual storage lockers, cabinets or closets in any location approved by the planning commission, but shall not be split among 2 or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the day-to-day functioning of the unit, the planning commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.
Private Storage located in Common Areas4
If such private storage space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project.
Off-Street Parking - Spaces Assigned to Units
2+ garage parking spaces assigned to each condominium unit within the project
Off-Street Parking - Spaces Designated for Visitors
1+ visitor parking space for each 2 condominium units within the project. A fractional requirement equal to, or greater than, 1/2 of a visitor parking space shall be interpreted as a requirement for 1 visitor parking space.
Treatment of Utilities - Plumbing Shut-Off Valves
Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impractical, the commission may ap-prove a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water sup-plied appliance not contained within a unit.
Treatment of Utilities - Drip Pans
Hot water heaters and any other appliances which the building official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a 1 1/4 inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of the drain shall be provided with a removable screen to prevent insect entrance to the unit. Drip pans may be omitted where appliances are located in garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit.
Treatment of Utilities - Utility Meters
With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.
Treatment of Utilities - Hot Water
Each unit shall have a separate hot water heater.
Treatment of Utilities - Circuit Breaker
Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
Perimeter Fences
Any development shall be surrounded by a fence or wall or combination thereof not to exceed 6 ft in height. However, nothing herein shall require the construction of the aforementioned fence along any property line abutting a street, alley or at driveway entrances and exits. Ivy or other vining plant material shall be planted adjacent to any wall or fence and trained to grow up the fence or wall to protect the fence or wall shall not be permitted to grow over 3 1/2 ft in height in the front yard. An automatic drip irrigation system shall be provided to adequately water the plant material.
Trash Areas
All trash collection and garbage collection areas shall be surrounded by a 5-foot high fence or block wall and gate, with adequate access to and from these areas for trash and garbage collection vehicles.
Height Limitation
Condominium structures shall be limited to 1 story in height, excluding subterranean levels devoted to automobile parking. There shall be no more than 1 unit in any vertical configuration. In use herein "subterranean level" means a level the ceiling of which shall be no higher than the highest point of the finished grade adjacent to the structure, and which shall be either wholly enclosed or not visible from either adjoining properties or from a public street outside of the project.
1.
Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size in projects which include 5+ units.
2.
The applicant shall submit to the commission and the council, and it shall be made a condition of approval, satisfactory evidence to assure continued retention of open space and for perpetual maintenance of common areas.
3.
The planning commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including condominium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this subsection.
4.
Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
G. 
Isolation of Vibration and Sources of Structure-Borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceiling.
1. 
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, are determined by the building official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the building official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the building official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the building official.
2. 
Location of Plumbing Fixtures. No building fixture, except Pullman mounted lavatories, shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit.
3. 
Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for contiguous units unless there is at least eight and one-half feet of pipe between the closest plumbing fixtures within the separate units. The building official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
4. 
Isolation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the building official. In multistory condominium projects all vertical drainage pipe except piping serving only one condominium unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarter inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length except the sections that pass through wood or metal framing.
H. 
Attenuation of Noise.
1. 
General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public space such as interior corridors, laundry rooms, recreation rooms and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies.
2. 
Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous subparagraph shall be of a type of construction that has a minimum rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in subsection (J)(1) shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and subflooring shall not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and heating, ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the building official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 30 STC. Such perimeter seals shall be maintained in effective operating condition.
3. 
Impact Sound Insulation. All separating floor/ceiling assemblies enumerated or alluded to above shall be of a type of construction that has a minimum rating of 69 IIC (Impact Insulation Class). Floor coverings may be in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.
4. 
Verification of Sound Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM 890-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems.
I. 
Development Criteria. There are important considerations relative to each proposal for residential condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of this section and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the city, and concurrently shall give substance to the policies necessary to achieve the purpose of these sections:
1. 
The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways, and other areas for automobiles.
2. 
Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.
3. 
The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, electricity).
4. 
The project should be designed to maintain as much of the natural topography, large trees and environment as practical.
5. 
The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.
6. 
The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audible and other intrusions.
7. 
The project shall comply with state standards facilitating access for the handicapped.
J. 
Declaration of Covenants, Conditions and Restrictions. To achieve the purposes of Section 17.11.130(A), the declaration of covenants, conditions and restrictions relating to the management of the common area and facilities shall accompany all proposals for residential condominium usage made pursuant to the provisions of Section 17.11.130(A) through 17.11.130(I). In addition to such covenants, conditions, and restrictions that may be required by the Department of Real Estate of the state of California or pursuant to Title 6 of Part 4 of Division 2 of the California Civil Code or other state laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the city, shall be amended, modified or changed without first obtaining the written consent of the city:
1. 
Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including, but not limited to, the private patio, deck, balcony, solarium or atrium required by Section 17.11.130(F), and any integral portion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
2. 
Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including, but not limited to, the private storage space required by Section 17.11.130(F), shall be described and irrevocably assigned by the declaration or condominium plan to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the units, as it would be in a closet opening upon a unit's room or hallway, it shall be conveyed as an integral part of the unit.
3. 
Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum practical extent, the two spaces assigned to each unit shall be contiguous.
4. 
In no case shall the private storage of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit, except that a unit occupant within the project may rent one space to another unit occupant or to the association. All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code.
5. 
Maintenance of Impact Insulation Class. The impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Section 17.11.130(F) shall be described in the declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the declaration should provide that the covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by covering(s) originally installed.
6. 
Right of Public Entry to Common Area. The city, the county of Los Angeles, the state of California, and the government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common area of the project not assigned for the exclusive use of the owner of a particular unit at all times.
7. 
Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner's unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.
8. 
Voting. For the purpose of voting, including, without limitation, voting to set the amount of regular or special assessments and for the purpose of amending the covenants, conditions and restrictions, one vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the property.
9. 
Partition and Sale of the Project. An action may be brought by one or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all the condominiums in such project were tenants-in-common in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon a showing of the existence of one or more of the conditions set forth in Section 1354 of the California Civil Code or that:
a. 
Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction;
b. 
One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than fifty percent interest in the common areas as opposed to repair or restoration of the project;
c. 
The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project.
Table 17.11.130-A Percent of Interest in Common Areas Held by Condominium Owners by Age of Structure
Age of Structure
% of Interest in Common Areas Held by Condominium Owners
30 years
70%
40 years
60%
50 years
50%
60 years
40%
70 years
30%
10. 
For the purpose of this subsection, multiple owners of a single unit shall not be deemed as possessing, in the aggregate, any greater interest in the common areas than that possessed by a single owner of a unit.
11. 
Maintenance. The declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good condition.
12. 
Enforcement. The declaration shall contain a provision ensuring the right of any owner to enforce the terms of the declaration.
13. 
Maintenance of Common Areas and Facilities.
a. 
Obligation. No conditional use permit shall be granted for a residential condominium development unless the obligation for care, upkeep and management of the common element is imposed on a nonprofit corporation (the association).
b. 
Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.
c. 
Veto Right and Authority of the City. In consideration for the city's approval of a condominium project, including, without limitation, any approval of a conversion to condominium usage, the declaration shall provide that the city, at its option, has the right and authority to veto any action of the association which would tend to decrease the amount of the regular assessment upon a finding by the city that such a decrease could or would adversely affect the long-term maintenance of the condominium structures or the common areas. To enable the city to exercise this optional veto the declaration shall provide that the association actions to decrease the annual assessment do not become effective until sixty days after written notice of such action is given to the city to enable the city to exercise this.
14. 
Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements in or adjacent to such private streets, adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.
15. 
Amendment of the Declaration. Any amendment to the declaration which would amend, modify, delete or otherwise affect any provision required by this section shall require the prior written approval of the city. To that end, no such amendment of the declaration shall be effective unless:
a. 
The text thereof shall have been submitted to the city thirty days prior to its adoption by the owners;
b. 
Either the city has approved the amendment or failed to disapprove it within the thirty-day period; and
c. 
The recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.
(Ord. 1271, 4/23/2024)

§ 17.11.140 Retail sales of alcoholic beverages.

A. 
Purpose and Applicability. The purpose of this section is to protect the public health, safety and welfare by providing reasonable, uniform operational and performance standards for establishments selling alcoholic beverages other than, or in addition to, the alcoholic beverages that are the subject of Sections 17.11.090 and 17.11.100. For the purposes of this section, the beverages that are the subject of this section are referred to as "alcoholic beverages."
1. 
The provisions of this section shall not apply to establishments lawfully existing on the effective date of these regulations provided the establishment retains the same type of ABC license within a license classification; continues to legally operate without substantial change in mode or character of operation; and does not expand the square footage of area used for sales or services.
2. 
Nothing in this section shall prohibit or limit the transfer of a valid, existing permit to a new owner at the same location.
B. 
Conditional Use Permit - Required (On-Sale and Off-Sale). A conditional use permit shall be required for any establishments proposing to sell or serve alcoholic beverages for on-site consumption ("on-sale uses") and for retail establishments proposing to sell alcoholic beverages for off-site consumption ("off-sale uses"). This requirement shall be in addition to any other entitlements required. The application for a conditional use permit shall be filed and processed according to the applicable provisions of Section 17.03.060 and 17.03.130.
C. 
Off-Sale Permits - Restrictions. A conditional use permit for off-sale alcoholic beverages shall not be issued if the proposed property is located in any area of undue concentration as defined in Section 23958.4 of the Business and Professions Code, unless it is determined by the planning commission that the public convenience and necessity as defined in Chapter 17.02 would be served by the issuance of the conditional use permit.
D. 
On-Sale Permits - Distance Requirements. No conditional use permit for on-sale alcoholic beverages shall be issued for adult businesses, full service bars, taverns, beverage lounges, nightclubs or any use where the sale or service of alcoholic beverages is the primary use, where the property upon which such use is proposed is located within five hundred feet of any establishment with an ABC license for on-sale of alcoholic beverages of any type, religious institution, school, park, or area zoned for residential uses. The distance 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 use is proposed to the nearest property line of the existing on-sale use, religious institution, school, park or property zoned for residential uses.
E. 
Operational and Performance Standards. Establishments selling or serving alcoholic beverages shall be operated in a manner that does not interfere with the normal use and enjoyment of adjoining properties. In addition to any conditions imposed by the city, all conditional use permits for the sale or service of alcoholic beverages shall be subject to the following operational and performance standards:
1. 
Noise levels measured at the property line shall not exceed the levels prescribed by the city's noise regulations as set forth in Chapter 8.20 of this Code.
2. 
The property shall be maintained in a safe and clean condition and the owner shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way.
3. 
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 section, the usual hours of operation shall be as permitted by the establishment's ABC license unless the city imposes shorter hours of operation as a condition to the permit to protect the public health, safety and welfare.
4. 
The owner and operator shall each take all necessary steps to ensure the orderly conduct of employees, patrons and visitors when they are present on the property.
5. 
There shall be no loitering on the property. Signs shall be posted on the exterior wall of the premises and in the parking lot stating that loitering and consumption of alcohol are each prohibited.
6. 
Video or other coin-operated games may only be permitted subject to the provisions of Section 7.90.430 of the county business license ordinance.
7. 
There shall be no outside vending machines other than newspaper racks or public telephones.
8. 
There shall be no adult merchandise as that term is defined in Section 5.25.020 of this Code visible anywhere on the property and no such merchandise shall be sold to minors.
9. 
The permittee shall maintain all required permits and licenses in good standing.
10. 
There shall be no sale or service of any alcoholic beverages in the event there is any lapse or breach in the good standing of any one of the permits or licenses issued for such use, or noncompliance with any conditions imposed thereon.
F. 
Conditional Use Permit - Expiration. The regulations set forth in Section 17.03.060 of this title regarding expiration apply to any conditional use permit for alcoholic beverages.
1. 
Notwithstanding Section 17.03.060, a permittee may request an extension of any time limit provided in Section 17.03.060 by filing a written request with the city's community development department before the conditional use permit expires.
2. 
A request for an extension of time shall state the reasons why an extension is needed. The planning commission will consider the request at a duly noticed public hearing. Based upon the evidence presented at the public hearing, the planning commission may deny, approve, or conditionally approve the extension for up to one hundred eighty days.
G. 
Modification or Revocation. A conditional use permit granted pursuant to subsection B of this section shall be subject to modification and/or revocation. If, in the opinion of the director of community development, the establishment is operated in a manner as to interfere with the normal use and enjoyment of the surrounding properties, the body taking final action on the permit may modify and/or revoke the conditional use permit pursuant to the provisions in the manner provided by Section 17.03.060 of this title.
H. 
Design Standards. The design and appearance of any establishment, if newly constructed or remodeled on the exterior, shall conform to the city architectural design guidelines and all other applicable development standards. When completed, the establishment shall be compatible with surrounding land uses and zone districts and shall enhance the appearance of the neighborhood in which it is located and the city in general.
(Ord. 1271, 4/23/2024)

§ 17.11.150 Senior housing.

A. 
Purpose and Intent. The purposes of this section are to:
1. 
Facilitate the development of quality affordable and market rate housing for seniors;
2. 
Enhance the appearance and value of property in the city;
3. 
Provide various incentives to developers consistent with the State Density Bonus;
4. 
Ensure that affordable housing is provided to very low, low and moderate income seniors consistent with the State Regional Housing Needs Assessment (RHNA);
5. 
Ensure that senior housing developments are compatible with the surrounding community and complementary to the surrounding land uses.
B. 
Target Population. All residents of senior housing shall be fifty-five years or older except that one member of a married couple or registered domestic partnership may be younger than fifty-five years old.
C. 
Permitted Zones. Subject to the terms of this section, senior housing may be permitted with a conditional use permit in the residential, commercial and commercial industrial zones. In addition, site plan review is required for any property located in the improvement district.
D. 
Site Character. The developer for senior housing shall:
1. 
Preserve and incorporate in the project's design unique existing amenities (e.g., views, mature trees, etc.) if feasible;
2. 
Preserve and incorporate in the project's design historic or distinctive structures of features as determined by the planning commission or the city council due to age, cultural significance, or unique architectural style;
3. 
Provide appropriate connective elements (e.g., walkways) to adjoining residential and commercial uses.
Table 17.11.150-A Development Standards for Senior Housing
Standard
Requirements
Building Setbacks—Property Line Adjacent to the Frontage
20 ft from the property line adjacent to the frontage
Building Setbacks—All Other Property Lines
1/2 the height of the building wall adjacent to that property line
Unit Size (Minimum)
Studio: 475 sq ft
1 Bedroom: 525 sq ft
2 Bedroom: 700 sq ft
Minimum Dwelling Amenities
At a minimum each unit shall have central heating and air conditioning and washer and dryer electrical and gas hook ups for standard washer and dryer appliances. A bachelor/studio unit may provide facilities for stackable washer/dryer appliances.
Laundry Facilities
Laundry facilities shall be provided on each building floor if washer and dryers are not provided in each of the proposed units. One washer and dryer shall be provided for every 20 units.
Trash Enclosure
Trash enclosure should be fully enclosed with a masonry wall with, wood or metal gate and trellis roof. The enclosures shall be finished with colors and materials that are consistent with the rest of the structures. Enclosures should be screened with landscaping on their most visible sides.
Parking Requirements1
Consistent with the most recently adopted percentage of the RHNA for low income persons (40 dua): 0.7 parking space per dwelling unit +1 guest parking for every 10 units.
In compliance with the State Density Bonus project requirements (50 dua): 0.5 parking spaces per dwelling unit +1 guest space for every 10 units.
Landscaping
Landscaping should serve to frame, soften and embellish the quality of the environment; buffer units from noise or undesirable view; visually reduce or break up building mass, break up large expanses of parking and hardscape and provide shading and climate cooling of adjacent units. All areas not covered by structures, drive aisles, parking or hardscape should be landscaped to the satisfaction of the director.
Landscape Planters
Minimum 15 ft in width shall be provided between the parking lot area or building and the public right-of-way. Said planter shall consist of the following:
• Turf, shrubs and mature trees (36 in box or larger) planted 20 ft on center.
• Accent landscaping at the driveway entries.
• Corner lots shall include accent landscaping and focal point such as waterfalls or other hardscape and perennials within the subject landscape area.
Utility and mechanical equipment
• All mechanical equipment (e.g., compressors, air conditioner, heating and ventilating equipment, chillers, standpipes, solar collectors, etc.) shall be concealed from view. Screening devices shall be compatible with the architecture and structure of the adjacent buildings.
• Mechanical equipment shall not be located on the roof unless screened by building elements designed for screening that are an integral part of the building design.
• Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
Recreational Facilities
Recreational facilities shall be provided throughout the facility. The recreational facilities shall consist of open and enclosed areas for residents of the facilities to congregate, for recreation and leisure. The following standards shall be utilized for recreational facilities:
• The design and orientation of these areas should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent street or other incompatible uses.
• Each recreational facility shall have a focal point. The focal point may consist of, but not limited to, water fountains, landscape planters, monuments, waterways, ponds, artwork, trellises or gazebos. Each focal point shall compliment other focal points by maintaining a common theme, consistent furnishing and signage.
• Recreational facilities shall be categorized as either "major recreational facilities" or "minor recreational facilities." Major and minor recreational facilities shall be designed to complement one another and be physically linked to one another by pedestrian walkways and directional signage.
Provision of Major Recreational Facilities
Intended to be a significant recreational node or focal point for resident, and may include recreational buildings, swimming pools, tennis courts, spas, saunas and other amenities requiring significant investment and appropriate to serve residents, as determined by the city. The total minimum area shall be 2,000 sq ft.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 3 Facilities
• Additional Units: 4+1 Facilities for every 100 units
Provision of Minor Recreational Facilities
Intended to augment major recreational facilities, and may include rest areas, picnic and barbecue areas, gazebos and other such amenities requiring a less significant investment than a major facility and appropriate to serve residents. The total minimum area shall be 625 sq ft.
• 80-150 Units: 1 Facility
• 150-200 Units: 2 Facilities
• 200-250 Units: 2 Facilities
• 250+ Units: 2 Facilities
• Additional Units: 3+1 Facilities for every 100 units
Exterior Lighting
Lighting should provide illumination for the security and safety of on-site areas, such as parking, recreational facilities, building entries, and pathways. The following standards shall be utilized:
• The design of light fixtures and their structural support should be architecturally compatible with the main structures on the site. Light fixtures should be architecturally integrated into the design of a structure.
• The location of the light fixtures should correspond to anticipated use. Lighting of pedestrian ways illuminates changes in grade, path intersections, staging areas, and any other uses along the movement path that, if left unlighted would create an unsafe situation.
• All lighting fixtures must be shielded to confine light spread on site.
• Night lighting of building is encouraged, but should be accomplished in a selective manner, avoiding overall building illumination that produces an undesirable look. Night lighting of building features, emphasize repeated or decorative features, and use the juxtaposition light and shadow to articulate the building façade.
1.
Parking requirements: The developer shall comply with the city's standard parking requirements.
E. 
Architectural Design. The developer shall consider a variety of different architectural features to add to the city's overall image, provided the architecture is consistent with surrounding structures and uses. No specific architectural style or design is required. The developer should consider the following design issues:
1. 
Design Consistency.
a. 
Building design should demonstrate a consistent use of colors, materials, and detailing throughout all elevations of the building. Piecemeal embellishment should be avoided.
i. 
Elevations that do not directly face a street should be appropriately landscaped.
2. 
Form and Mass. Designs should be provided a sense of human scale and proportion. Structures should be designed to avoid a "box-like," impersonal appearance by use of the following techniques:
a. 
Façade and Roof Articulation. Separations, changes in plane and height, and the inclusion of elements like balconies, porches, arcades, dormers and cross gables mitigate the barracks-like quality of flat wall and roof of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to flat roofs, or pitched roof segments applied on only some portions of the building.
b. 
Balconies, porches and recess patios for both practical and aesthetic values. The elements should be integrated into the structures to break up large wall masses by offset building setbacks, using awnings/canopies.
c. 
Architectural detail through the use of columns, three-dimensional decorative cornice bands, recess entries and windows and awnings and canopies.
d. 
Full roofs with substantial overhangs.
e. 
Decorative parapets where roof overhangs are not provided.
3. 
Materials. Exterior materials should be very durable and require low maintenance. Piecemeal embellishment and frequent changes in materials should be avoided.
4. 
Building Colors. Exterior wall colors should harmonize with the site and surrounding buildings.
a. 
Façade colors should be neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.
b. 
Building trim and accent areas may feature brighter colors, including primary colors.
c. 
The transition between base and accent colors should relate to changes in building materials or the changes in building surface planes. Colors should not meet or change without some physical change or definition of the surface plane.
d. 
The blending of compatible colors in a single façade or composition is a good way to add character and variety, while reducing, or breaking up lines of a building.
F. 
Security Consideration. The developer shall:
1. 
Provide clear, unobstructed sightlines from entries to the street or parking lots.
2. 
Provide clear sightlines to outdoor open areas from doorways and windows.
3. 
Illuminate exterior spaces and internal common spaces with energy-efficient, vandal-proof lamps and fixtures. Warm light shall be used to provide visibility, a noninstitutional feel and increase the feeling of ownership.
4. 
Locate laundry facilities where they can be observed and where access can be effectively restricted.
5. 
Create privacy for the ground level units by using landscaping and fencing to buffer the units from the street or parking. Do not place landscaping too close to windows.
6. 
Make paths to the entry, parking and the trash deposit area well-defined, well-lit, and free from dense shrubs.
7. 
Eliminate hidden recess in hallways, entryways, and stairways. Ensure that there are not entrapment areas between buildings.
8. 
Design common spaces to encourage a sense of belonging. Design common open space to relate to a discrete number of units so that the spaces become "their" recreational area.
9. 
Define the transition from the public street to the building so that the yard next to the building appears to belong to the building. Landscaped gardens and see-through fences create the sense of ownership and boundaries without compromising visibility.
10. 
Provide peepholes, strike plates and deadbolts in unit doors.
G. 
Maintenance.
1. 
Continued good appearance depends on the extent and quality of maintenance. Materials and finishes shall be selected for their durability and wear, as well as for their beauty. Proper measures shall be taken for protection against weather, neglect, damage and abuse.
2. 
Provision for washing and cleaning buildings and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate leaves, dirt and trash shall be avoided.
H. 
Affordability.
1. 
At least twenty-five percent of the dwelling units developed shall be available at affordable housing cost to persons and families of very-low and low income.
2. 
At least forty percent of the twenty-five percent described above shall be available at affordable housing cost to very low-income households.
3. 
The restriction must remain available for the longer of fifty-five years of the period of land use controls established in the redevelopment plan for the project area. The city or the South El Monte Improvement District shall be identified in the covenants, conditions, and restrictions (CC&Rs) as having the right to enforce affordability restrictions.
4. 
The city reserves the right to require more stringent low-moderate income requirements where the city or the improvement district has participated in financially assisting the development.
(Ord. 1271, 4/23/2024)

§ 17.11.160 Water efficient landscaping.

A. 
Purpose and Intent. The purposes of this section are to:
1. 
Establish landscape standards that will provide for an aesthetically pleasing setting by creating standards of design, installation, and maintenance of water efficient landscaping.
2. 
Create flexible landscape design for residential and nonresidential developments that will promote aesthetic enhancements.
3. 
Promote the values of water efficient landscaping.
B. 
Criteria.
1. 
All residential properties consisting of three or more units must adhere to the regulations listed.
2. 
All nonresidential properties must adhere to the following regulations listed.
C. 
City Right to Waive Requirements.
1. 
The requirements of this chapter may be wholly or partially waived, at the discretion of the city, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regulations.
D. 
Water Efficient Landscaping Criteria. The requirements of this chapter may be wholly or partially waived, at the discretion of the city, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with the city regulations.
E. 
Landscape Documentation Package.
1. 
A copy of the landscape documentation package conforming to this criteria and plan check fee shall be submitted to the city for review and approval prior to the issuance of building or construction permits. No building or construction permit shall be issued until the city reviews and approves the landscape documentation package.
2. 
A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager.
3. 
Each landscape documentation package shall include the following elements:
a. 
Landscape design plan.
b. 
Irrigation design plan.
c. 
Certificate of substantial completion (to be submitted after installation of the project).
d. 
Such other information as deemed necessary by the planning director, including, but not limited to, a grading design plan and/or soil analysis.
F. 
Elements of the Landscape Documentation Package.
1. 
Landscape Design Plan. A landscape design plan, prepared by a licensed landscape architect, meeting the following requirements shall be submitted as part of the landscape documentation package.
a. 
Plant Selection and Grouping.
i. 
Plants having similar water use shall be grouped together in distinct hydrozones (a list of acceptable plant materials has been included in Appendices A through D attached to the ordinance codified in this chapter and incorporated by reference).
ii. 
Plants shall be selected appropriately based upon their adaptability to the climatic, geological and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter.
iii. 
The list of recommended planting materials is contained in Appendices A through D. Alternative materials may be used when the overall landscape plan conforms with the intent of this division as determined by the planning director.
iv. 
Fire prevention needs shall be addressed in areas that are fire prone.
v. 
Overall, the landscape design plan shall provide for a water efficient landscape concept.
b. 
Water Features.
i. 
Recirculating water shall be used for decorative water features.
ii. 
Pool and spa covers are encouraged.
c. 
Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale no less than 1" = 30' - 0" and that accurately and clearly identifies:
i. 
Designation of hydrozones and a description of water usage within said hydrozones (low, moderate and high irrigation water requirements).
ii. 
Landscape materials, trees, shrubs, ground-cover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.
iii. 
Property lines and street names.
iv. 
Streets, driveways, walkways and other paved areas.
v. 
Pools, ponds, water features, fences and retaining walls.
vi. 
Existing and proposed buildings and structures including elevation if applicable.
vii. 
Tree staking, plant installation, soil preparation details and any other applicable planting and installation details.
viii. 
Natural features including, but not limited to, rock outcroppings, existing trees and shrubs that will remain.
ix. 
A calculation of the total landscaped area and percentage of turf area.
x. 
Designation of recreational areas.
2. 
Irrigation Design Plan. An irrigation design plan, prepared by a licensed landscape architect or certified irrigation designer, meeting the following conditions shall be submitted as part of the landscape documentation package.
a. 
Water Efficiency. The irrigation design plan shall provide for a water efficient irrigation system.
b. 
Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid excessive runoff, low head drainage, excessive overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.
G. 
Special attention shall be given to avoid runoff on slopes and, to avoid overspray in planting areas with a width less than ten feet, and in median strips.
1. 
Water Meters. Separate landscape water meter(s) shall be installed for all projects except for single-family homes or any project with a landscaped area of less than five thousand square feet.
2. 
Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.
3. 
Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in the area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
4. 
Sprinkler Head. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability and ease of maintenance.
5. 
Rain Sensing Override Devices. Rain sensing override devices shall be required on all irrigation systems with landscaped areas of two thousand five hundred square feet or more.
6. 
Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.
7. 
Irrigation Design Plan Specifications.
8. 
Irrigation systems shall be designed to be consistent with hydrozones.
H. 
The irrigation design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan.
I. 
The irrigation design plan shall accurately and clearly identify:
1. 
Location and size of separate water meters for the landscape.
2. 
Location, type and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers and backflow prevention devices.
3. 
Static water pressure at the point of connection to the public water supply.
4. 
Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.
5. 
Where available, the irrigation plan shall include reclaimed water.
6. 
Estimated annual water use expressed in inches per square foot of landscape area per year.
7. 
Certificate of Substantial Completion. Prior to the final of building permits, the developer shall submit a certificate of substantial completion to the city completed by the licensed landscape architect or certified irrigation designer that designed the plans, utilizing forms designated for this purpose.
J. 
Landscape and irrigation plans shall be reviewed for compliance with the water efficient landscape criteria. These comprise a point system with points awarded for both landscape and irrigation techniques. A minimum of one hundred points shall be achieved in each technique category in order for the planning department to approve said plans.
Table 17.11.160-A Point Scale
(1) Landscape Techniques
Max. Points
Water conserving plants, and/or plants native to hot dry summers, utilized in 75% of the total plant area of the landscape.
40
Turf limited to 20% of the total landscape in all projects. In no case shall turf make up more than 50% of the total landscape.
30
Use of creative, thoughtful and diverse hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them.
30
Mulch utilized in the landscape (3 inches minimum, 4 inches preferred).
10
Hardscape or non-irrigated surfaces used in at least 10% of the total landscape.
10
Where turf is utilized, the use of a proven water-conserving turf.
10
Soil amendments to improve water holding a capacity of soil incorporated into soil preparation details.
10
Total
140
Min. 100
(2) Irrigation Techniques
Max. Points
The total amount of irrigation applied to all landscape areas does not exceed 42 inches per square foot of landscape area per year.
40
Automatic irrigation system adjusted seasonally and with watering hours between 7:00 p.m. and 10:00 a.m.
30
Irrigation system designated to water different areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.).
30
Sensitive to slope factors.
10
Soil moisture sensors used in conjunction with the automatic irrigation system.
10
Rain sensors used in conjunction with the automatic irrigation system.
10
Wind sensors used in conjunction with the automatic irrigation system.
10
Recommended annual irrigation schedule for information purposes.
5
Use of reclaimed or recycled water in accordance with health and safety codes.
5
Total
160
Min. 110
Additional comparable points (not to exceed 30) may be awarded for the use of any water-conserving method not listed above which the planning director finds to be in accord with the purpose of this chapter.
K. 
Maintenance of Existing Landscapes.
1. 
Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low-head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures is prohibited.
2. 
Landscapes shall be maintained to ensure water efficiency. All landscaped areas, regardless whether installed pursuant to this chapter, shall be maintained in a healthful and sound condition. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design. A regular maintenance schedule shall be followed, including, but not limited to: checking, adjusting and repairing irrigation equipment, resetting the automatic controller, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, and weeding in all landscaped areas.
(Ord. 1271, 4/23/2024)