HomeMy Public PortalAboutCity Council_Ordinance No. 19-1036_Zoning Code Update_12/3/2019_RegularORDINANCE NO, 19-1036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING TITLE 9, CHAPTER 1 (ZONING CODE) OF THE TEMPLE CITY
MUNICIPAL CODE, AND ADOPTING THE OFFICIAL ZONING MAP OF THE
CITY
The City Council of the City of Temple City ordains as follows:
SECTION 1. Findings. The City Council finds as follows:
A. The Temple City Zoning Code was adopted in 1960 but has not had a
comprehensively update since that time.
B. As a result, the City has engaged in public outreach to gather public input
concerning the potential update of the Zoning Code. The City has taken in community input and
now wishes to adopt by ordinance a comprehensive update to the Temple City Zoning Code that
better reflects the current general plan and establishes zoning regulations that better reflect the
values of Temple City's residents. ("Zoning Code Update".) The City will update its Zoning Map
as part of the Zoning Code Update. After this Zoning Code Update, the Downtown Specific Plan
will no longer be needed, and will be repealed by this ordinance.
C. On June 25, 2019 the Planning Commission conducted a duly noticed public
hearing to consider this ordinance, and all interested parties were given full opportunity to be
heard and to present evidence. After this hearing, the Planning Commission voted to recommend
approval of this Zoning Code Update to the City Council,
D. On July 16, 2019 the City Council conducted a duly noticed public hearing to
consider the Zoning Code Update, and all interested parties were given full opportunity to be
heard and to present evidence.
SECTION 2. Environmental Review. On December 5, 2017, the City certified
environment impact report, SCH#2016091047, which addressed the potential environmental
impacts related to the Temple City General Plan Update and the Temple City Crossroads Specific
Plan ("EIR"). The City has reviewed the proposed zoning code update and zoning map
amendment and on the basis of the whole record before it, has determined that there is substantial
evidence to support the determination that the original EIR addresses the environmental impacts
of the proposed changes arising from this ordinance. As indicated in the Addendum, the impacts
of this ordinance will not represent a substantial change to the certified 2017 EIR. Furthermore,
impacts beyond those identified in the certified 2017 EIR would not be expected to occur as a
result of this ordinance, and all the mitigation measures from the certified 2017 EIR would continue
to be applicable. There is no new information of substantial importance that the proposed
ordinance would result in new, more severe impacts, or require new mitigation measures or new
or revised alternatives, from what was identified in the certified 2017 EIR. Therefore, a subsequent
EIR or new Mitigated Negative Declaration is not required, and an Addendum to a certified EIR
has been prepared pursuant to Title 14, Sections 15162 and 15164 of the California Code of
Regulations. As a result of this review, the City adopts the Addendum to the EIR.
SECTION 3. Repeal and Replace Downtown Specific Plan The Downtown Specific Plan,
adopted by Ordinance 93-736, is repealed.
SECTION 4. Adoption of Temple City Zoning Code Update. Temple City Municipal Code,
Title 9, Chapter 1 (Zoning Code) is amended and restated as set forth in Exhibit 1.
Ordinance No. 19-1036
Page 2 of 2
SECTION 5. Adoption of Zoning Map. Pursuant to Section 9-1 D-1 of the current Temple
City Municipal Code (which will be renumbered to Section 9-1 B-1 after the effective date of the .
Zoning Code Update), the official zoning map of the City is adopted as set forth in Exhibit 2.
SECTION 6.
Effect
Publication.
20
on
Pending
Applications.
is directed to certify this ordinance and cause it
to be published in
This ordinance will
apply to projects,
permits, and licenses,
that have been submitted and
accepted for processing
by the City, on or
after the effective date
of this ordinance. Applications
submitted and accepted before the effective
date of this ordinance
must comply with the existing
code provisions in effect
at that time. This
section will not affect
existing code provisions that
authorize conditions of
approval, for any
extension, upon compliance with the applicable code provisions in effect at the time of the
requested extension.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION
8.
Publication.
20
Councilmember—None
The
City Clerk
is directed to certify this ordinance and cause it
to be published in
the manner required
by law.
— None
PASSED, APPROVED, AND ADOPTED
Decemb
r 3,
20
Councilmember—None
ABSENT:
Councilmember
et a Fi ,
M
yor
ATTEST:
eggy <uo, City Clerk
APPROVED AS TO FORM:
4e7 4V�
GreAAhy, Cit Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 19-1036 was introduced at the regular meeting of the City Council of the City of
Temple City held on the November 19, 2019, and was duly passed, approved, and adopted by
said Council at the regular meeting held on December 3, 2019, by the following vote:
AYES:
Councilmember—Man,
NOES:
Councilmember—None
ABSENT:
Councilmember
— None
ABSTAIN:
Councilmember
— None
Peggy Kuo,-City Clerk
Page 2 of 2
Sternquist, Yu, Chavez, Fish
EXHIBIT 1
PROPOSED ZONING CODE
ARTICLE A. INTRODUCTION AND GENERAL PROVISIONS
9-1A 1: TITLE AND AUTHORITY:
The provisions of this chapter will be referred to and cited as the TEMPLE CITY ZONING CODE and referred
to in this chapter as the "zoning code". The zoning code is adopted pursuant to the authority in section
65850 of the California Government Code.
9-1A-2: PURPOSE:
The purpose of this chapter is to implement the city of Temple City general plan and to protect the public
health, safety, and welfare of the community. This chapter is intended to:
• Establish
standards,
regulations, and
incentives that provide
for the highest and best use of
buildings,
structures,
and land.
City unless specifically
exempted by
• Serve the needs of residential, commercial, and industrial developments within the city.
• Regulate and limit the height, number of stories, size, and location of buildings and other
structures, hereafter designed, erected, or altered.
• Regulate and determine the size of yards and open spaces.
• Regulate and limit the density of population.
• Facilitate adequate provisions for community utilities, such as transportation, water, sewage,
schools, parks and other public requirements.
• Promote the public health, safety, welfare and general prosperity with the aim of preserving a
wholesome, serviceable and attractive community.
9-1A-3: APPLICABILITY OF THE ZONING CODE:
This chapter
will
apply
to
all land,
uses, and
structures within the
city of Temple
City unless specifically
exempted by
the
terms
of
specific
sections of
this chapter or unless
applicability is
prohibited by law.
lune 25, 2019
Page 1 of 25
ARTICLE A. Introduction and General Provisions
9-1A-4: Minimum Requirements:
9-1A-4: MINIMUM REQUIREMENTS:
In applying the provisions of this chapter to properties and uses, the provisions of this chapter will be
deemed and construed to be the minimum requirements necessaryfor the promotion of the public health,
safety, and welfare, unless the context of the regulation clearly otherwise provides.
9 -1A -S: CONFLICTING PROVISIONS OR REGULATIONS:
A. Provisions of This Chapter: In the case of conflict between one section of this chapter and any
other section of this chapter, the more specific provision will apply, except that provisions of
specific plan or overlay zone districts will prevail over other provisions of this chapter,
regardless of whether they are more or less specific.
e. Municipal Ordinances or Regulations: In the case of a conflict between any part of this chapter
and any other provision of the Temple City municipal code or ordinance of this city, the more
specific provision will apply.
C. Other Ordinances or Regulations: In the case of a conflict between any section of this chapter
and any other public law, ordinance, or regulation, the sections that are more specific or that
impose higher standards or requirements will govern, unless state or federal law requires a
different interpretation.
9-1A-6: REFERENCE TO OTHER LAWS:
Whenever reference is made herein, to other applicable provisions ofthe Temple City municipal code, state
or federal law, or other regulations, the reference will be construed to be the applicable State law
provisions as they may be amended from time to time.
9-1A-7: EFFECT OF PRIOR PERMITS:
Use permits and approvals, building permits, sign permits, and variances that are valid on the effective date
of this chapter will remain valid until their expiration date. Projects with valid approvals or permits will be
completed pursuant to the development standards in effect at the time of approval. If the approval or
permit (including any extensions of time permitted and approved under the prior zoning ordinance)
expires, future development will comply with the requirements of this chapter.
9-1A-8: VIOLATIONS CONTINUE:
Any violation of the previous zoning ordinance will
continue to
be a violation under
this chapter and will be
subject to the penalties and enforcement set forth
in Article C,
Administration and
Enforcement.
June 25, 2019
Page 2 of 25
ARTICLE A. Introduction and General Provisions
9-1A-9: Pendinz Proceedines:
9 1A 9: PENDING PROCEEDINGS:
f, prior to
the effective date of
this chapter, legislative or administrative action
is being processed, such
action will
be deemed to have
been processed pursuant to the provisions of
this chapter, and will be
processed,
insofar as possible, in
accordance with the provisions hereof.
9-1A-10: INTERPRETATION:
The director will be authorized to interpret the meaning and applicability of all provisions of this chapter,
ncluding but not limited to the location of zoning district boundary lines, unless a different city official is
specifically designated in this chapter to make an interpretation. The decisions of the director are subject
to appeal, pursuant to Title 9, Chapter 1, Article C.
9-1A-11: TIMING:
If completion of a timer period, such as an appeal period, notice period, decision period and the like falls
on a weekend or holiday, the appeal, notice, or decision will become effective after 5:00 pm on the next
available business day.
9-1A-12: DEFINITIONS:
For the purpose of carrying out the purpose of this zoning code the words, phrases and terms included
herein will be deemed to have the meanings ascribed to them as follows:
ABUTTING/ADJOINING. Contiguous to. Having district boundaries or lot lines in common (i.e., not separated
by an alley, public or private right-of-way, or street). See also "Adjacent."
ACCESS. The place, orway, by which pedestrians and/orvehicles will have safe, adequate and usable ingress
and egress to a property.
ACCESSORY DWELLING UNIT. A residential dwelling unit that maybe attached to the main dwelling, located
within the living area of the main dwelling, or detached from the main dwelling, which provides complete
ndependent living facilities for one or more persons. It will include permanent provisions for living,
sleeping, eating, cooking and sanitation, and be located on the same parcel as a single-family dwelling.
ACCESSORY USE. A use customarily incidental, related and clearly subordinate, to a permitted principal use.
ADJACENT. The condition of being near to or close to but not necessarily having a common dividing line.
Two properties that are separated by an alley, public or private right-of-way, street (other than a principal
arterial), public access easement, or creek, river, stream, or other natural or artificial waterway will be
considered as adjoining one another. See also "Abutting/Adjoining."
ADMINISTRATIVE MODIFICATIONS. A process and permit required for certain identified minor deviations
from the provisions of this code.
June 25, 2019
Page 3 of 25
ARTICLE
A. Introduction
and
General Provisions
9-1A-12:
Definitions:
this chapter relating
to density bonuses):
AFFORDABLE HOUSING DEFINITIONS. The following
indented
terms and phrases
are defined for the
purposes of article V of this chapter (sections 9-1V-0 to
9-1V-9 of
this chapter relating
to density bonuses):
CONCESSIONS OR OTHER INCENTIVES. Concessions or other incentives include a reduction in a site
development standard or modification of another Zoning Code requirement or design standard,
but not including Building Code requirements or other health and safety standards, that results in
an identifiable, financially sufficient, and actual cost reduction; or, approval of mixed use zoning in
conjunction with the housing project if commercial, office, industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office, industrial, or other land uses
are compatible with the housing project and the existing or planned development in the area
where the proposed housing project will be located; or other concession or regulatory incentive
that results in an identifiable, financially sufficient, and actual cost reduction, as determined by the
City in its sole discretion. A concession or other incentive does not include additional density
beyond that allowed in sections 9-1V-0 to 9-1V-9 of this chapter relating to density bonuses.
DENSITY BONUS. An increase in density above the otherwise maximum allowable residential
density under this title and the land use element of the general plan as of the date the development
application for the project is deemed complete. The amount of the density bonus to which the
applicant is entitled will vary according to the amount by which the percentage of affordable
dwelling units meets the percentage established in sections 9 -1C -6-L of this chapter. When
calculating the number of density bonus units allowed, any fraction of a residential unit will be
counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus
units. An applicant may not seek a density bonus greater than that provided in sections 9 -1C -6-L of
this chapter relating to density bonuses, or by State law.
DEVELOPER. Any association, corporation, firm, joint venture, partnership, person, or any entity or
combination of entities, which seeks City approval for all or part of a residential development
project.
DEVELOPMENT STANDARD. For sections 9 -1C -6-L of this chapter relating to density bonuses, a
development standard includes a site or construction condition that applies to a residential
development pursuant to any ordinance, General Plan element, specific plan, charter amendment,
or other local condition, law, policy, resolution, or regulation. A development standard subject to
waiver does not include additional density beyond that allowed in sections 9 -1C -6-L of this chapter
relating to density bonuses.
LOW INCOME HOUSEHOLDS. Households whose gross income does not exceed 80 percent of the
median income for Los Angeles County as determined annually by the U.S. Department of Housing
and Urban Development.
MODERATE INCOME HOUSEHOLDS. Households whose gross income does not exceed 120 percent
of the median income for Los Angeles County as determined annually by the U.S. Department of
Housing and Urban Development.
June 25, 2019
Page 4 of 25
ARTICLE A. Introduction and General Provisions
VERY -LOW INCOME HOUSEHOLDS. Households whose gross income is equal to 50 percent or less
of the median income for Los Angeles County as determined annually by the U.S. Department of
Housing and Urban Development,
ALCOHOL SALES, OFF-SITE. Off-site Consumption: Any establishment in which alcoholic beverages are sold,
served, or given away for consumption off the premises and which is applying for or has obtained any State
ABC Licenses for all on-site consumption. References to the establishment will include any immediately
adjacent area that is owned, leased, or rented, or controlled by the licensee.
ALCOHOL SALES, ON-SITE. Any establishment in which alcoholic beverages are sold, served, or given away for
consumption on the premises and which is applying for or has obtained any State ABC Licenses for on-site
consumption. References to the establishment will include any immediately adjacent area that is owned,
leased, or rented, or controlled by the licensee.
ALLEY. A public or private way, other than a street or highway, permanently reserved as a means of
vehicular access to adjoining properties. This does not include flag lots, tiered lots, and easements.
ARCADE (ELECTRONIC GAME CENTER). An establishment that provides more than four amusement devices,
whether or not the devices constitute the primary use or an accessory or incidental use of the premises.
Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used
for amusement, which, when so played or used involves skill and which is activated by coin, key, or token,
or for which the player or user pays money for the privilege of playing or using. This use may also include
nternet/cyber cafes, where three or more computers and/or other electronic devices, for access to that
system commonly referred to as the "internet," e-mail, playing video games over the Internet or other
network system, and/or access to other computer software programs, is provided to the public for
compensation and/or for public access. Internet cafe is also synonymous with PC cafe, cyber cafe, internet
gaming center, computer/internet rental and cyber centers.
APARTMENT. The same as the definition of dwelling, multiple.
APPURTENANCE. A tower, spire, cupola, chimney, penthouse, water tank, flagpole, theater scenery loft, radia
or television antenna, transmission tower, fire equipment, or other similar structure that is attached to a
structure and not intended for human occupancy.
ARTERIAL
STREET. A major thoroughfare or primary roadway,
used primarily
for through traffic rather than
for access
to abutting land, that is characterized by high vehicular
capacity
and continuity of movement.
The street
is either divided or undivided and its main function
is to carry nonfocal
traffic at medium speeds.
ASSESSOR. The Los Angeles County Assessor.
ASSEMBLY/MEETING
FACILITIES,
PUBLIC
OR PRIVATE. A facility for public or private assembly and meetings,
exclusive of Religious
Assembly,
which is
defined separately.
lune 25, 2019
Page 5 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
ASSEMBLY, RELIGIOUS. Any facility specifically designed and used to accommodate the gathering of persons
for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This
definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.)
and residences for clergy. Associated uses (i.e., day care centers or full-time or part-time schools) may be
allowed as incidental uses to the primary use.
ATTIC. The area located between the top plate and the roof or ridge of a building
AUTOMATED TELLER MACHINES (ATM). Apedestrian-oriented machine used by bank and financial service
patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact
with financial institution personnel. The machines may be located at or within a bank, or in other locations.
BAR OR TAVERN. An establishment used primarily for the on premises sale and consumption of alcoholic
beverages including establishments where food is sold and/or entertainment provided as incidental
thereto.
BASEMENT. That portion of a building which is totally or partly below finished grade of the lot upon which
tis located.
BEDROOM. Any space in a dwelling unit or accessory structure which is 70 square feet or greater in size
and which is located along an exterior wall, but not including the following: hall; bathroom; kitchen; living
room (maximum of one per dwelling unit); dining room (in proximity to kitchen, maximum of one per
dwelling unit); family room (maximum of one per dwelling unit), laundry room, closet/dressing room
opening off of a bedroom.
BERM. A raised earthen area.
BIOSWALES. Landscape elements designed to remove silt and pollution from surface runoff water. A
bioswale consists of a depressed drainage course with gently sloped sides and filled with vegetation,
compost, and/or riprap, and designed to let water flow slowly. Bioswales are designed to slow down water
flows after precipitation, let water soak into soil, and allow pollutants to adhere and/or degrade. Bioswales
can include underdrains.
BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter,
housing or enclosure of persons, animals, chattels of property of any kind.
BUILDING, ACCESSORY. Asingle-story detached building located on the same lot as the primary
building or principal use. When an accessory building is attached to a primary building bya common
wall or roof, it is considered a part of the primary building.
BUILDING, PRIMARY. A building in which is conducted a principal use permitted upon the lot upon
which it is situated. In a residential zone a dwelling will be deemed to be a main building.
June 25, 2019
Page 6 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
CARPORT. A permanently roofed structure with not more than two enclosed sides, used or intended to be
used for automobile shelter and storage.
CELLAR. The same as the definition of basement.
CENTERLINE. The centerline of any street, highway or alley.
CHILDREN'S DAY CENTER (EMOTIONALLY DISTURBED). A facility intended solely for the admission of minors
with mental illness or neurological or emotional disorders, who are provided with an organized program of
services. Patients are not permitted to remain overnight.
CITY. The City of Temple City.
CITY COUNCIL. The City Council of the City of Temple City. CLUB, PRIVATE. Any building or premises used
by an association of persons, whether incorporated or unincorporated, organized for some common
purpose, but not including a group organized solely or primarily to render a service customarily carried on
as a commercial enterprise.
COLLECTION FACILITY.
A centerto collect various items (i.e.
clothes, household
goods,
recyclable
materials)
from the public either
as a donation or for a redemption
value.
COMMERCIAL USE.
Any
business that sells goods or services to the
public,
either retail or wholesale, for
emuneration.
COMMERCIAL RECREATION AND ENTERTAINMENT. Establishments providing participant or spectator
recreation or entertainment, either indoors or outdoors, for a fee or admission charge.
COMMISSION. The Planning Commission of the City of Temple City,
COMMUNICATIONS EQUIPMENT BUILDINGS. Buildings housing operating electrical and mechanical
equipment utilized in conducting a public utility communications operation.
COMMUNITY CARE FACILITY/LARGE. Any facility as defined in the Health and Safety Code section 1502(a),
which provides nonmedical care on a 24 hour a day basis to seven or more persons including, but not
imited to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent
persons, and abused or neglected children.
COMMUNITY CARE FACILITY/SMALL. Any facility as defined in the Health and Safety Code section 1502(a),
which provides nonmedical care on a 24 hour a day basis to six or less persons including, but not limited
to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent
persons, and abused or neglected children. Small community care facility will be considered a permitted
use within all residential zoned districts.
June 25, 2019
Page 7 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
CONDITIONAL USE PERMIT. A discretionary permit required for certain uses specified in this Code to
provide for the thorough review of such proposed uses and their associated structures and other
mprovements, with the intent of ensuring that if approved, such use can be operated in a manner
compatible with surrounding uses.
CONVALESCENT HOME. The same as the definition of nursing and convalescent hospital.
COUNCIL. The City Council of the City of Temple City.
COURT. An open, unoccupied space bounded on three or more sides by the walls of a building. An inner
court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.
DAY
CAMP OR CHILDCARE CENTER.
A facility
with an organized
daytime program for the supervision and
care
of children.
regulations
sued by the state of California.
DAY CARE, ADULT. Establishments providing non-medical care for persons on a less than 24-hour basis.
May provide a program of education or training, handicraft, vocational, and recreational activities. Patients
are not permitted to remain overnight.
DAYCARE CENTER. Any childcare facility other than a "Daycare home, Family", and includes infant centers,
preschools, and extended daycare facilities.
DAYCARE HOME, FAMILY. A home which regularly provides care, protection, and supervision of 12 or fewer
children, in the provider's home, for periods of less than 24 hours per day, while the parents or guardians
are away, and includes the following:
A. LARGE FAMILY DAYCARE HOME. A home which provides family daycare for 7-12 children,
nclusive, including children underthe age of 10years who reside at home, as defined in regulations
ssued by the state of California.
B. SMALL FAMILY DAYCARE HOME.
A home which provides
family daycare for
6 or fewer
children, including children under the age
of 10 years who reside at
home, as defined in
regulations
sued by the state of California.
DEMOLITION. The destruction or removal of a building or portion of a building. For purposes of determining
whether a structure has been demolished, it is the intentional destruction and removal of 50 percent or
more of the enclosing exterior walls and 50 percent of the roof of any structure.
DIRECTOR: The Community Development Director of Temple City or his/her designee.
DISABLED VEHICLE. A vehicle which is not operable, by reason of the removal of or damage to, integral
component parts.
DISASSEMBLE. The same as the definition of Dismantle.
June 25, 2019
Page 8 of 25
ARTICLE A. Introduction and General Provisions
DISCRETIONARY APPROVAL. Any approval ore ntitlement granted in compliance with this Zoning Code that
equires the exercise of discretion, including the ability of the review authority to impose conditions of
approval.
DRIVE THROUGH. A business where one can be served without leaving one's car and where the vehicle is
customer is served by way of a window in the business, a kiosk, or similar device. This is does not include
businesses that deliver items from the store to a vehicle parked in a legal parking space.
DWELLINGS, MULTIPLE. The same
as building
designed or used
for
occupancy, as living
quarters, by two or
more families on the same lot and
containing
one dwelling unit
for
each such family.
DWELLING, NEW. Any residential structure which is to be newly constructed orvoluntarily demolished and
econstructed.
DWELLING, SINGLE OR ONE FAMILY.
A building
designed
or used for occupancy, as living
quarters, by one
family.
families and
containing two dwelling
units.
DWELLING, THREE-FAMILY. A building designed or used for occupancy, as living quarters, by three families
and containing three dwelling units.
DWELLING,
TWO-FAMILY (DUPLEX).
A building
designed
or used for occupancy, as living
quarters, by two
families and
containing two dwelling
units.
DWELLING UNIT. One or more rooms in a building or portion thereof, designed for, and intended to be
used, for occupancy by one family, for living quarters. A single dwelling unit will contain a maximum of one
kitchen and can include no more than one wok kitchen and one outdoor kitchen. All habitable rooms will
be internally accessible from within the dwelling unit.
EASEMENT.
A grant of one or more of the property rights
by the
property
owner toand/or for
the use by
the public, a
corporation, or another person or entity.
EATING AND DRINKING ESTABLISHMENTS:
ACCESSORY FOOD SERVICE. An establishment that sells food and/or beverages as an accessory use
n a retail, office, or institutional structure and that does not change the character of the primary
use.
BAR, LOUNGES, NIGHTCLUBS, TAVERNS (INCLUDES INDEPENDENT OR ACCESSORY
ESTABLISHMENTS). Any establishment that sells or serves alcoholic beverages far consumption on
the premises and is holding or applying for a public premise license from ABC and in which persons
under 21 years of age are restricted from the premises. References to the establishment will
nclude any immediately adjacent area that is owned, leased, or rented, or controlled by the
licensee.
June 25, 2019
Page 9 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
FAST FOOD. A restaurant which supplies food and beverages primarily in disposable containers and
which is characterized by high automobile accessibility, self-service and short stays by customers.
OUTDOOR DINING. A dining area with seats and/or tables located outdoors of a sit-down
restaurant, fast food, or other food service establishment. Outdoor dining is located entirely
outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the
structure with or without a solid roof cover.
LIMITED. Outdoor dining area encompassing up to 800 square feet of area, inclusive.
GENERAL. Outdoor dining area encompassing more than 800 square feet of area.
RESTAURANT. An establishment used primarily for the preparation and sale of food and beverages
to be consumed on the premises including the sale of alcoholic beverages where incidental to the
sale of food. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining
area shall be classified as a bar.
RESTAURANT, DRIVE-IN. A restaurant where, in whole or in part, food and beverages are served to
customers, and consumed, in vehicles on the premises.
RESTAURANTS, FAST FOOD. A restaurant that sells prepared food either indoors or outdoors in
disposable containers (e.g., paper or plastic). These uses include retail bakeries that provide on-
site seating. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining
area shall be classified as a bar.
RESTAURANT, SIT-DOWN. An establishment engaged in the business of selling food and beverages,
including alcoholic beverages, prepared on site for primarily on-site consumption. Food and
beverages are served to the customer at a fixed location (Le., booth, counter, or table). Food and
beverages are ordered from individual menus. Customers typically payforfood and beverages after
service and/or consumption. The sale or service of sandwiches, whether prepared in the kitchen
or made elsewhere and heated up on the premises, or snack foods, will not constitute a sit-down
restaurant. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining
area shall be classified as a bar.
TAKE-OUT SERVICE. An establishment that offers a limited variety of food or beverages.
Transactions are sales for off-site consumption. Customers are served either at a counter or service
window. Incidental seating (less than 250 sq. ft. of seating area) may be provided for limited on-
site consumption of food or beverages. Typical uses include bakeries, coffee stores, ice cream and
frozen dessert stores, delivery -only pizza establishments, small delicatessens, and similar
establishments.
EDUCATIONAL INSTITUTION. Any public, private or parochial elementary, junior high, high school,
university, or other school giving general academic instruction in the several branches of learning, having
five or more students.
June 25, 2019
Page 10 of 25
ARTICLE A. Introduction and General Provisions
ELECTRONIC CIGARETTE AND VAPING DEVICE. An electronic and/or battery-operated device, the use of
which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other tobacco
derived product or cannabis product. "Electronic smoking and vaping device" includes any such electronic
smoking or vaping device, whether manufactured, distributed, marketed, or sold as an electronic cigarette
(e -cigarette), an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, personal
product vaporizer (i.e., liquid, dry herb, oils, wax, etc.), electronic nicotine delivery system, e -hookah, or
any other similar system. "Electronic smoking and vaping device" does not include any product specifically
approved by the United States Food and Drug Administration for use in the mitigation, treatment, or
prevention of disease.
EMERGENCY SHELTER. A managed housing facility with minimal supportive services for homeless persons
and in which occupancy by a homeless person is limited to a term of six months or less. No individual or
household may be denied emergency shelter because of an inability to pay. Supportive services may
nclude, but are not limited to, meal preparation, an activities center, daycare for children of homeless
persons, vocational rehabilitation and other similar activities.
ENVIRONMENTAL ANALYSIS. An analysis conducted in compliance with the provisions of the California
Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq.
EXPLOSIVES. Any explosive substance as defined in section 12000 of the Health and Safety Code of the state
of California.
FACADE. The portion of any exterior elevation of a structure from grade to the top of the roofline and the
width of the structure.
FAMILY. Two or more individuals livingtogetheras a single housekeeping unit in an apartment or a dwelling
unit.
FAR. See Floor Area Ratio (FAR)
FARMERS MARKET. An outdoor market certified for direct retail sales by farms to the public by the State or
County Agricultural Commission under California Code of Regulations Title 3, Chapter 3, Article 6.5.
Farmers' Markets can also include limited sales of crafts and goods.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or
screen areas of land. Fences do not include hedges or landscape materials.
FLOOR AREA, GROSS. The total horizontal area of all the floors of a building included within the surrounding
walls, exclusive of vents, shafts, courts and off-street parking facilities.
FLOOR AREA RATIO. The total gross floor area included within the surrounding exterior walls of a building(s)
or portion thereof divided by the lot area, prior to any required dedications. In calculating floor area ratio
(FAR), the exterior walls must be counted as gross square footage. For residential uses (not mixed use or
commercial), the floor area must be counted twice for any portion of the dwelling where the distance
lune 25, 2019
Page 11 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
between the floor and the ceiling directly above exceeds 12 feet and the height of a single -story structure
or single -story portion of a two-story structure exceeds 18 feet.
FRONTAGE, STREET. The width of the front boundary line of a lot which abuts upon a street or roadway.
GAME ARCADE. Any business enterprise or establishment having games of skill or arcade games as a
principal use or more than four games of skill or arcade games as an incidental use.
GARAGE. Any building, with three enclosed sides, having not less than 200 square feet of floor area,
provided with a closable access door or doors, which is used or intended to be used for automobile shelter
orstorage.
GRADE, GROUND LEVEL. The average level of the finished ground surface of a lot, immediately surrounding
a building, measured at the center of all walls of the building.
GRADIENT. The rate of vertical change of a ground surface expressed as a percentage figure and
determined by dividing the vertical distance by the horizontal distance.
GYMNASIUM. A school, place or building used for gymnastics and athletic exercise.
HANDICRAFT INDUSTRY. Establishments engaged in on-site production of goods by hand involving the use
of hand tools and small-scale equipment (i.e., drills and saws, hammers and chisels; paint brushes and
sprayers; pottery wheels and kilns; sewing machines; spinning wheels, etc.) and the incidental direct sale
to consumers of only those goods produced on-site.
HARDSCAPE. Hardscape includes driveways, pathways, and decks made of materials such as asphalt,
concrete, pavers, and decomposed granite.
HEAVY INDUSTRIAL. The manufacture and/or processing of materials and goods utilizing large quantities of
aw materials, and generally requiring high capitalization and production of large quantities of output.
Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy
ndustry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state
environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental
Protection Agency, and requirementfor specialized permits from federal and state occupational health and
safety agencies.
HEDGE. Vegetation, shrubs and/or trees planted to create a physical and/or visual barrier.
HEIGHT, BUILDING OR STRUCTURE. The maximum allowable height will be measured as the vertical
distance from the existing grade of the site to an imaginary plane located the allowed number of feet above
and parallel to the grade not including rooftop appurtenances. See Figure 1 — Building Height
Measurement.
June 25, 2019
Page 12 of 25
ARTICLE A, Introduction and General Provisions
9-1A-12: Definitions:
Figure 1: Building Height Measurement
Parallel Plane
Max.
Height
Existing Grade ...
of the Site
-Proposed Fill
Proposed Cut
HOME
OCCUPATION. An
occupation,
calling or
profession
carried on by
an occupant of a dwelling unit,
within
that dwelling unit,
located in a
residential
zone.
HOSPITAL. A facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured
persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment, as
well as training, research, and administrative services for patients and employees. Excludes sanitariums and
residential care facilities.
HOTEL. Any building or portion of any building with access provided through a common entrance, lobby or
hallwaY to six or more guestrooms, with or without kitchens, and which rooms are designed, intended to
be used or are used, rented or hired out as temporary or overnight accommodations for guests no more
than 28 days at a time.
HOUSEHOLD PET. Shall mean any domesticated animal commonly maintained in residence with man, but
not including any animal which is capable of and inclined to inflict harm or discomfort to or upon any
persons.
LIGHT INDUSTRIAL. The manufacture and/or processing of consumer -oriented goods in a manner that
does
not produce noticeable odors, airemissions, orother environmental effects, and that has limited associated
trucking activity. Light industries generally require limited amounts of raw materials to produce goods. This
includes processing, fabrication, assembly and treatment, but exclude basic industrial processing from raw
materials, food processing, and vehicle/equipment services.
June 25, 2019
Page 13 of 25
ARTICLE A. Introduction and General Provisions
KENNEL. A place where four or more adult dogs or cats or any combination thereof are kept, whether by
owners of the animals or persons providing facilities and care therefor, whether or not for compensation.
An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months.
KITCHEN. Any room or space within a building designed, intended to be used, or used for the cooking or
the preparation of food. A kitchen includes a single refrigerator, stove or range top, and over or microwave.
KITCHEN, WOK. A kitchen that includes a sink, range top, and cabinets, but not an oven refrigerator, or
dishwasher and which is located directly adjacent to the main kitchen and is no larger than 50 percent the
size of the main kitchen. A wok kitchen is not a kitchen for the purposes of determining the existence of an
accessory dwelling unit.
KITCHEN, OUTDOORS. An outdoor cooking area that features almost all or any of the capabilities of an
ndoor kitchen, centered on the grill. A kitchen located outside a structure is not considered a kitchen for
the purposes of determining the existence of an accessory dwelling unit.
LANDSCAPED AREA. An area upon which landscaping is required to be continuously maintained.
LANDSCAPING. The planting and maintenance of some combination of trees, shrubs, vines, ground covers,
flowers or lawns. In addition, the combination or design may include natural features such as rock and
stone; and structural features, including, but not limited to, fountains, reflecting pools, art works, screens,
walls, fences and benches.
LIGHT POLLUTION. Light that is directed to areas where it is not needed, that interferes with some visual
act or is detrimental to an abutting use or zone.
LIVE/WORK UNIT. A unit that combines a work space and incidental residential occupancy occupied and
used by a single household. Live/work units have been constructed for such use or converted from
commercial or industrial use and structurally modified to accommodate residential occupancy and work
activity in compliance with the California Building Code. The working space is reserved for and regularly
used by one or more occupants of the unit. Living space includes, but is not limited to, a sleeping area, a
food preparation area with reasonable work space, and a full bathroom including bathing and sanitary
facilities which satisfy the provisions of applicable codes. Live/work units can include renter -occupant
and/or owner -occupant.
LONG TERM FACILITY. An institution of one patient capacity or more intended primarily for the admission
of chronic mentally ill, or mentally disordered or other incompetent persons who are provided medical
care, nursing services and intensive supervision.
LOT. A portion of real property as shown as a single delineated lot with a number or other designation on
a plat recorded in the office of the County Recorder.
LOTAREA. The total area, measured in a horizontal plane, included within the lot lines of a lot. Flood control
easements and driveway easements providing access to tiered or flag lots are not considered as usable lot
June 25, 2019
Page 14 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
area for purposes
of determining or
calculating
permitted density,
lot coverage, floor area ratio, permeable
area, etc.
LOT COVERAGE. The percentage of a site covered by roofs, soffits or overhangs extending more than
three feet from a wall, and by decks more than four feet in height. Roofs with openings or perforations
50 percent or greater of their surface area, pools, or hot tubs shall not be included in lot coverage
calculations.
LOT DEPTH. The horizontal distance measured between the midpoints of the front and rear lot lines.
LOT LINE. The boundary between a lot and other property or the public right-of-way.
LOT LINE, FRONT. A line separating an interior lot from a street; in the case of a corner lot, the lot
line separating the narrowest street frontage of the lot from the street; in the case of a lot having
no street frontage, the same will mean the narrowest lot line parallel and closest to the nearest
street or highway, as determined by the director.
LOT LINE, REAR. A lot line which is most distant from the front lot line.
LOT LINE, SIDE. Any lot boundary line which is not a front or rear lot line.
June 25, 2019
Page 15 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
Figure 2: Lot Type Diagram
front front front front
INTERIOR LOT s ;
Oy"_"_ : " O o rear
.•a W •a' ... _._._i
W_ _ O I— front
cc z
Z
WW ,
Few
„- pZ rear FLAG LOTv"_"_ "
rear :'�
rear rear ' rear '
. _._. _. ._. _..i _..._.
side rear
_ _
KEY LOT ;
e REVERSE „ INTERIOR LOT m
CORNERLOT
side (street) front front _
LOT TYPES. The following lot types are found in the Temple City:
ont front `
Z
O O
2 ;
O r rear
a;• .. _.. ....
� ream
~ O
J
W Is
A
z
O
U
ont front
ABUTTING LOT.
A lot or parcel of land having a common
property line or separated
by a
public
path
or lane, private
street, or easement to the subject lot.
lot ("flag"
portion) provided by a narrow strip of land that is owned in fee
("pole"
portion).
CORNER LOT. A lot or
parcel
of land bounded on two
or more sides by street lines that have an
angle intersection that
is not
more than 135 degrees.
main body of the
CUL-DE-SAC LOT. A lot or parcel of land located on the curving portion of a cul-de-sac street.
FLAG LOT. An irregularly shaped lot or parcel 41 A
FRONT LOT. A lot or parcel of land with frontage on a public street that is in front of a flag lot or
tiered lot.
INTERIOR LOT. A lot or parcel of land bounded on one side by a street line and on all other sides by
lot lines between adjacent lots or that is bounded by more than one street with an intersection
greater than 135 degrees.
IRREGULAR LOT. A lot or parcel of land of irregular, rather than rectangular, shape.
KEY LOT. The first interior lot to the rear of a reversed corner lot.
June 26, 2019
Page 16 of 25
resembling a flag on a
pole, located to the side
and/or rear of another lot, with street
frontage and access from the street
to the
main body of the
lot ("flag"
portion) provided by a narrow strip of land that is owned in fee
("pole"
portion).
FRONT LOT. A lot or parcel of land with frontage on a public street that is in front of a flag lot or
tiered lot.
INTERIOR LOT. A lot or parcel of land bounded on one side by a street line and on all other sides by
lot lines between adjacent lots or that is bounded by more than one street with an intersection
greater than 135 degrees.
IRREGULAR LOT. A lot or parcel of land of irregular, rather than rectangular, shape.
KEY LOT. The first interior lot to the rear of a reversed corner lot.
June 26, 2019
Page 16 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
REVERSE CORNER LOT. A corner lot, the rear of which abuts the side of another lot, whether across
aIn alley or not.
THROUGH LOT. A lot or parcel of an having frontage on two parallel or approximately parallel
streets, but not a street and an alley.
TIERED LOT. A lot or parcel of land without frontage on a public street that receives vehicular access
by way of a private driveway, access easement, or a public street that does not meet the City's
minimum standards for a street.
LOT WIDTH. The horizontal distance between the side lot lines measured between two points each located
on the side lot lines at a distance midway between the front and rear lot lines.
MANUFACTURED HOUSING UNIT. A dwelling unit which is either wholly or mainly manufactured at an off-
site location and is assembled on site on a permanent foundation with permanent service connections. The
definition does not include a mobile home, mobile accessory structure, or an automobile trailer or
recreational vehicle.
MARIJUANA DISPENSARY. A facility where marijuana, cannabis products, or devices far the use of cannabis
or cannabis products are offered, either individually or in any combination, for retail sale, including an
establishment that delivers cannabis and cannabis products as part of a retail sale.
MATERIAL RECYCLING PLANT. An industrial use which collects and processes recyclable materials and either
packages them for offsite processing in a large-scale operation (such as a transfer station or materials
recovery facility) or processes the materials at the same collection location.
MEDICAL AND/OR DENTAL CLINIC. Any facility providing physical health service, or medical, surgical or
dental care of the sick or injured, but will not include inpatient or overnight accommodations. Medical clinic
includes health center, health clinic, doctors' and dentists' office.
MINI -MALL. A commercial center consisting of two or more commercial units or businesses on a
freestanding (self-contained) development site of less than 65,000 square feet of land area with parking
situated between the building or a portion of the building and the street. For purposes of defining a mini
mall, a freestanding (self-contained) development will consist of any commercial center which does not
have reciprocal parking and/or reciprocal vehicular access with any other abutting or adjoining site.
MINISTERIAL. A government decision involving little or no personal judgment by the public official as to the
wisdom or manner of carrying out the action, including the issuance of a permit.
MIXED USE DEVELOPMENT (MIXED USE PROJECT). An approach to land use development that involves
ntegrating two or more different types of uses on the same property as part of a unified development.
Generally, Mixed Use Development consists of commercial and residential uses integrated either vertically
n the same structure or group of structures, or horizontally on the same development site where parking,
open spaces, and other development features are shared. However, light industrial and commercial
one
25, 2019
Page 17 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
development may also be considered as Mixed Use. In a Mixed -Use Development, both uses are considered
primary uses of the land.
MOBILE FOOD VENDOR. A person or business that operates or assists in the operation of a food vending
vehicle.
MOBILE HOME. See definition of "recreational vehicle"
MORTUARIES AND FUNERAL HOMES. Establishments engaged in the provision of service involvingthe care,
preparation, or disposition of human dead other than in cemeteries. May or may not include crematories.
No internment is provided on site. May include areas for assembly services and living quarters for funeral
home/mortuary manager.
MOTEL. One or more buildings containing guestrooms or dwelling units, with or without kitchen facilities,
with one or more such guestrooms or units each having a separate entrance leading directly from the
outside of the buildings or from an inner court; which facilities are designed, used or intended to be used,
ented or hired out for temporary or overnight accommodations for guests for no more than 28 days at a
time.
NATURAL GRADE. The grade at the time of an application being filed or the grade before being altered by
artificial means such as cut, fill, landscaping, or berming.
NONCONFORMING USE, BUILDING OR STRUCTURE. The utilization of any lot, structure, building or
mprovement lawfully established and in use prior to the time this chapter, becomes effective, or having
had a nonconforming status under the prior zoning regulations of City, but which utilization, due to the
application of this chapter, or any amendment thereto, does not comply with all of the regulations currently
applicable to the zone in which the use, lot, building or structure is located.
NURSERY SCHOOL. The same as the definition of "day camp or childcare center'.
NURSING AND CONVALESCENT HOSPITAL. Any place or institution which provides bed accommodations for
one or more chronic or convalescent patients, who, by reason of illness or physical infirmity, are unable to
properly care for themselves. Alcoholics, drug addicts, persons with mental or communicable diseases,
ncluding contagious tuberculosis, will not be admitted or cared for in nursing and convalescent hospitals.
OATH. Includes affirmation.
OPEN SPACE. Landscape area other than a required front yard area, driveway, swimming pool, or off-street
parking facility with no building or structure located therein. Must have a minimum dimension of 10 feet.
OUTDOOR ADVERTISING STRUCTURES. Signs or other advertising structure, which solicit public support or
directs public attention to the sale, lease, hire, promotion or use of any objects, products, services or
functions, which are not produced, sold orotherwise available on the premises where such sign orstructure
is located.
one
25, 2019
Page 18 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
PARALLEL
PARKING SPACE. A parking space which is
situated parallel to the direction
of traffic in a driveway,
off street
parking facility or street.
adjacent parcels.
For
PARK. The standing
of a motor vehicle,
other than for the purpose of loading or
unloading merchandise or
passengers.
by several related uses occupying the same or
adjacent parcels.
For
PARKING, JOINT
USE.
The use
of a single
parking facility
by several related uses occupying the same or
adjacent parcels.
For
example,
the use of a
single parking
facility by tenants of a
shopping center.
PARKING, SHARED. The use of a single parkingfacility bytwo distinctly different uses with distinctly different
hours of operation such that the shared use of the facility can be accomplished without limiting the ability
of one use to occupy the facility to the detriment of the other. For example, distinctly different uses could
be a place of religious assembly which generally has weekend parking demands and an office development,
which typically uses the parking facility during the week.
PARKING SPACE. A readily accessible area,
not including
driveways,
ramps, loading or work areas,
maintained exclusively for the parking of one
automobile.
private property line. A parkway generally includes
landscape
PARKWAY. That portion
of the public right-of-way
between the curb and sidewalk or, where no
sidewalk is
provided, between the
curb and adjacent
private property line. A parkway generally includes
landscape
mprovements.
PERMEABLE SURFACES. A surface where the surfacing material itself is impermeable to the inflow of
rainwater, but the surface has inlets or holes through it which water enters the soil or construction below.
PLANNED DEVELOPMENT. An area of land, controlled by a landowner, to be developed as a unified project
and single entity for a group of townhouse dwellings and/or detached dwelling units, the plan for which
may not correspond in lot size, bulk or type of dwelling, density, lot coverage, setback or required open
space to the regulations in this code.
PLANNING
COMMISSION. The
Planning
Commission of the City
of Temple
City, also referred to as
commission
or Commission.
PORTE-COCHERE. An accessory structure open on three sides and attached to the side or front of a building
through which cars pass and is established for the convenient loading and unloading of passengers from an
automobile. A porte-cochere is not a carport or garage, nor may it be used to satisfy off-street parking
equirements.
PRIMARY USE. The principal or predominant use of any lot, building, or structure.
PROCESSING. When used in reference to a commercial or industrial use, one or more acts or operations
which have the effect of changing the form of a product or material, to render the same more salable or
usable.
lune 25, 2019
Page 19 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
PUBLIC FACILITY. A site or structure owned and operated by the City of Temple City, or other public
agencies, for the purpose of providing one or more services to residents of the City, and/or to support other
City functions.
QUARRY. Any place on a lot or parcel of land where dirt, soil, sand, gravel, rock or other similar material is
removed by excavation or otherwise, for any purpose. Quarry will not include the excavation and removal
of earth from a lot preparatory to construction of a building or structure, for which a valid building or
grading permit has been issued by City; provided that such excavation will be confined to that necessary
for such construction or otherwise authorized by such permit.
RECHARGING STATION.
A location that supplies
electricity for the
recharging of electric vehicles (including
plug-in hybrids).
RECORDER. The Los Angeles County Registrar-Recorder/County Clerk.
RECREATIONAL VEHICLE (RV). A motor home, travel trailer, truck camper, camping trailer, pop-up campers,
or boat or other water sport vehicle, with or without motive power, designed for recreational purposes.
The definition includes any empty trailer on which an RV may be transported or stored. In no cases will a
RV be classified as a mobile home or dwelling unit.
REPAIR. The work necessary to restore to a usable condition
RESEARCH AND DEVELOPMENT. Establishments engaged in industrial or scientific research, including
product testing. Includes electronic research firms or pharmaceutical research laboratories. Excludes
manufacturing, except of prototypes, or medical testing and analysis.
RESIDENCE, SINGLE-FAMILY. A structure containing one dwelling unit. "Residence, single-family" will also
nclude a modular home manufactured and certified under the National Mobilehome Construction and
Safety Standard Act of 1974 on a permanent foundation system approved by the County Engineer.
REST HOME. The same as the definition of nursing and convalescent hospital.
REVERSE VENDING MACHINE. An automated mechanical device which accepts at least one or more types
of empty beverage containers including aluminum cans, glass, and plastic bottles, and issues a cash refund
or a redeemable credit slip with a value not less than the container's redemption value as determined by
State law. A reverse vending machine may sort and process containers mechanically provided that the
entire process is enclosed within the machine. To accept and temporarily store all container types in a
proportion commensurate with their relative redemption rates, and to meet the requirements of
certification as a recycling facility, multiple grouping of reverse vending machines may be necessary, in
which case the machines are considered a collection facility. A reverse vending machine is considered an
accessory to a primary use. Reverse vending machines are no greater than 50 square feet in size and eight
feet in height. Larger facilities are considered a collection facility.
June 25, 2019
Page 20 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12 Definitions:
RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription or
condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil
or gas pipeline, water line, sanitary storm sewer or other similar use.
SEASONAL SALES. Temporary retail sale of seasonal merchandise. Examples include farm produce stands,
Christmas tree sales lots, and pumpkin patches.
SETBACKS. The distance from which a structure, parking area or other development feature will be
separated from a prescribed property line, easement or other structure or development feature. All setback
distances will be measured at right angles from the property line, easement or other structure or
development feature, and the setback line will be drawn parallel to the designated property line, easement
or other structure or development feature at the requested setback distance.
SETBACK, FRONT. The minimum distance required between a structure and the front property line.
SETBACK, REAR. The minimum distance required between a structure and the rear property line.
SETBACK, SIDE. The minimum distance required between a structure and a side property line.
SHOPPING CENTER. A group of two or more contiguous or adjacent retail commercial business
establishments planned, developed, owned or managed as a single unit. See definition of "mini -mall" for
any freestanding (self-contained) development site of less than 65,000 square feet of land area.
SHORT TERM RENTAL. A use in which a dwelling, or portion thereof, is rented or offered for rent for
compensation for a period of less than 28 consecutive calendar days. This includes any arrangement in
which the rental period is less than 28 consecutive days or can be reduced below 28 consecutive days, or
It which the dwelling is rented multiple times within 28 consecutive days. This definition does not apply to
residential care facilities or dwellings operated as a group home pursuant to the Community Care Facilities
Act that are otherwise exempt from local zoning regulations. This includes the advertising of a short-term
rental.
SIGN. Any device for visual communication, including any announcement, declaration, demonstration,
display, illustration or insignia, which is used to advertise or promote the products or services of any person,
business group or enterprise available on the lot where located.
SINGLE ROOM OCCUPANCY (SRO) BUILDING. Any building containing five or more guestrooms or units
which are used, rented, or hired out to be occupied for sleeping purposes by residents, and which is also
the primary residence of those residents. The individual units may lack either cooking facilities or a full
bathroom, or both. However, for purposes of this definition, a SRO does not include residential care homes,
senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging,
extended care facilities or hospitals.
STATE. The State of California.
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ARTICLE
A. Introduction
and
General
Provisions
9-1A-12:
Definitions:
permanently
eserved as a means
of vehicular
STORAGE — OUTDOOR. The storage of various materials outside of a structure other than fencing, either
as an accessory or primary use.
STORAGE - PERSONAL. A structure containing a separate storage space that is designed to be leased or
ented individually. Indoor storage will mean that access to all storage spaces will be from common interior
corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any
kind. Further, such storage does not involve any manufacturing, office or business services, or human
habitation in any storage space or anywhere on site. Also known as mini -storage.
STORY. That portion of a building including between the upper surface of any floor and the upper surface
oIf the floor next above, except that the topmost story will be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above. "Story" includes a basement.
STREET. A public or
private way,
other
than
a major highway, secondary
highway
or alley,
permanently
eserved as a means
of vehicular
access
to an
adjoining property.
STRUCTURE. Anything constructed or erected, which requires a fixed location on the ground, or is attached
to something having a fixed location on the ground.
STUDIO —ART AND MUSIC. Small-scale instructional facilities or a small practice space for the individual
artist, musician, or any individual practitioner of the activities defined here, typically accommodating one
group of students at a time, in no more than one instructional space. Examples include: individual and
group instruction and training in the arts, production rehearsal, photography and the processing of
photographs produced only by users of the studio facilities. Also includes production studios for individual
filmmakers, musicians, painters, sculptors, photographers, and other artists. These uses may also include
accessory retail sales of products related to the services provided. Does not include dance, yoga,
gymnastics, and martial arts studios
SUBDIVISION. The division of a tract of land, shown on the latest equalized County assessment roll as a if
or as continuous units, into defined lots, either improved or unimproved, which can be separately conveyed
by sale, lease, or financing, and which can be altered or developed. The process often includes setting aside
land for streets, sidewalks, parks, public areas, and other infrastructure needs, including the designation of
the location of utilities.
SUPPORTIVE HOUSING. Housing with no limit on the length of stay and that is occupied by persons from
the target population as defined by Health and Safety Code section 50675.14(b)(2) as the same may be
amended from time to time, and that provides a significant level of on site and off site services that assist
the supportive housing residents in retaining the housing, improving their health status and maximizing
their ability to live, and when possible, to work in the community. Supportive housing may be provided
under all residential housing types. In all cases, supportive housing will be treated as a residential use under
this chapter and will be subject only to those restrictions that apply to other residential uses of the same
residential housing type located in the same zoning district.
June 25, 2019
Page 22 of 25
ARTICLE A. Introduction and General Provisions
TEMPORARY USE. A use of land that is designed, operated, and occupies a site for a limited period.
TOWNHOME
(TOWNHOUSE).
Townhomes
are multi -family dwellings that are attached along common
walls, where
an individual unit
occupies the
space from the ground to the roof
(units cannot be stacked).
TRANSITIONAL HOUSING. Housing operated under program requirements that call for: a) the termination
of assistance to an existing program recipient occupying a transitional housing unit and b) the subsequent
eassignment of the assisting residential unit to another eligible program recipient at some predetermined
future point in time that will be no less than six (6) months into the future. Transitional housing services
may include, but not be limited to, meals, counseling, and other services as well as common areas for
esidents. Transitional housing may be provided under all residential housing types. In all cases, transitional
housing will be treated as a residential use under this chapter and will be subject only to those restrictions
that apply to other residential uses of the same residential housing type located in the same zoning district.
TRANSITIONAL HEIGHT PLANE. A geometric plane that establishes the maximum permitted height of a
building in a district that allows a greater density or height than that of an adjoining lower -density
esidential district.
TRIPLEX. The same as the definition of athree-family dwelling.
UNATTENDED COLLECTION BOXES (UCBS). Unstaffed drop-off boxes, containers, receptacles, or similar
facilities that accept textiles, shoes, books, household goods, recyclable materials, and/or other salvageable
personal property items. This does not include garbage bins, library book drops, postal or parcel boxes for
public and private carriers, or the like.
UNIT, COMMERCIAL AND MANUFACTURING. A space occupied by a business enterprises) located within a
building or portion of a building with direct access from the accessway intended for use by the general
public. A commercial or manufacturing unit will have the following features: a completely enclosed room
or interconnecting rooms with lockable doors to common accessways or the exterior, full walls from the
floor to the ceiling, independent cooling and ventilation controls, independent lighting which is controlled
within the unit itself.
UNIT DEVELOPMENT. The construction, maintenance and operation of any combination of two or more
permitted uses, buildings and structures, based on a comprehensive and complete design or plan treating
the entire complex of land, buildings, structures and uses as a single project.
USE. The utilization of a lot, building, structure, or any other improvement upon a lot, or any combination
thereof.
UTILITY STRUCTURES AND SERVICE FACILITIES. All lines and facilities owned and/or operated by a licensed
provider and related to the provision, distribution, collection, transmission, or disposal of water, storm
drainage, sanitary sewage, oil, gas, electricity, information, telecommunications, telephone cable, and
similar services. Includes facilities for the generation of electricity. Does not include "Communications
Facilities' or "Wireless Telecommunications Facilities."
June 25, 2019
Page 23 of ZS
ARTICLE A. Introduction and General Provisions
9-1A-12: Definitions:
VARIANCE. A modification of the specific regulations of this code granted by the legislative body in
accordance with the terms of this code for the purpose of assuring that no property, because of special
circumstances applicable to it, will be deprived of privileges commonly enjoyed by other properties in the
same vicinity and zone.
VEHICLE. Means and includes motorcycles, motor driven cycle, motor truck, passenger vehicle, station
wagon, truck tractor, trailer, and vehicle, as these phrases are defined in the Vehicle Code of the State of
California, and all similar types of vehicles.
VEHICLE RENTALS. Rental of automobiles, construction equipment, motorcycles, drones, mopeds,
motorized scooters, recreational vehicles, trucks, and similar vehicles and equipment powered by a motor,
ncluding on-site storage and incidental maintenance that does not require pneumatic lifts.
VEHICLE REPAIR. The repair of motor vehicles in an enclosed building, including the repair or replacement
of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products.
VEHICLE SALES. Sale of automobiles, motorcycles, recreational vehicles, trucks, and similar vehicles and
equipment, including display, storage, maintenance, repair, and incidental rental of the vehicles and
equipment. May include the sale, installation, and servicing of related equipment and parts.
VENDING MACHINE. An automated mechanical device which ejects consumer products including but not
limited to snackfood items, non-alcoholic beverages, electronic devices, and movies, and that accepts cash,
debit, and/or credit.
WALL. A physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any
combination thereof and intended to mark a boundary.
WALL, RETAINING. A wall not laterally supported at the top that resists lateral soil load and other imposed
loads.
WAREHOUSE OR WAREHOUSING. An establishment engaged in providing facilities for the storage of
furniture, household goods, products, or other commercial goods of any nature. Includes cold storage.
Does not include personal storage facilities offered for rent or lease to the general public; or warehouse
facilities in which the primary purpose of storage is for wholesaling ("Wholesaling").
WATER -EFFICIENT LANDSCAPE. Landscaping materials that are designed and maintained to function in a
healthful and visually pleasing manner with limited water use, including plants which have minimal water
requirements for subsistence, plants native to hot/dry environments, and xeriscape plants.
WHOLESALING. The sale of commercial goods at or near production cost.
YARD. An area upon a lot or parcel of land, other than a court or open space, required as a front, side or
rear yard, which will be maintained unoccupied and unobstructed from the ground upward; provided that
encroachment will be permitted in yards only as expressly authorized by this article.
June
25, 2019
Page 24 of 25
ARTICLE A. Introduction and General Provisions
9-1A-12 Definitions:
YARD, FRONT. A yard extending across the front of a lot, from the front property line to the dwelling
on the property. The depth of a front yard will be a specified horizontal distance measured between
the front lot line and a line parallel thereto, on the lot.
YARD, INTERIOR SIDE. A yard extending along an interior side of a lot, from the front property line
to the rear lot line. The depth of an interior side yard will be a specified horizontal distance
measured inward from the interior side lot line.
YARD, REAR. A yard extending across the rear of a lot for its full width between side lot lines. The
depth of a rear yard will be a specified horizontal distance measured between there a r lot line and
a line parallel thereto, on the lot.
YARD, STREET SIDE. A yard extending along the street side of a corner lot from the front lot line to
the rear lot line. The depth of a street side yard will be a specified horizontal distance measured
nward from the street side lot line.
YARD SALES. The temporary sale of goods, wares or merchandise from a residential property
principally used as a residence.
ZONE. Any of the residential, commercial, industrial, special purpose, or overlay districts established in the
zoning code, within which certain land uses are allowed or prohibited, and certain site planning and
development standards are established.
lune 25, 2019
Page 25 of 25
ARTICLE B. ZONES ESTABLISHED AND ZONING MAP
9-1B-1: ESTABLISHMENT OF ZONES:
A. General: The
City is divided into
various zones to allow for
orderly, planned
development and
to implement
the General Plan.
Table 9-16-1 identifies all
zones. All zones
will be listed and
appropriately
designated on the
official Zoning Map,
High -Density Residential (RH)
Commercial Zones
B. Base Zone:
Every parcel must have a base zone
that establishes the
primary type and intensity
of land use
permitted along with development
regulations for that
type and intensity of land
use.
Medium -Density Residential
Medium -Density Residential (RM)
R-3
C. Special Use Zone: A special use (or overlay) zone supplements the base zone for the purpose
of establishing special uses or development regulations for an area in addition to the provisions
of the underlying base zone. In the event a conflict arises between the base zone regulations
and the overlay zone regulations, the provisions of the overlay zone will apply.
Table 9413-1
Zones Implementing the General Plan
Zoning Map
Symbol
Zone Description
Corresponding General Plan Land
Use Designation
Residential Zones
R-1
Low -Density Residential
Low -Density Residential (RL)
R-2
Medium -Density Residential
Medium -Density Residential (RM)
R-3
High -Density Residential
High -Density Residential (RH)
Commercial Zones
NC
Neighborhood Commercial
Commercial (C)
DC
Downtown Commercial
Commercial (C)
LTC
Las Tunas Commercial
Commercial (C)
Mixed Use Zones
MU -L
Mixed -Use Low
Mixed -Use (MU)
MU -M
Mixed -Use Medium
Mixed -Use (MU)
Manufacturing Zone
I
Industrial
Industrial (IL)
lune 25, 2019
Page 1 of 3
ARTICLE B. Zones Established and Zoning map
9-1B-2: Zoning Map Adopted bV Reference:
Table 946-1
Zones Implementing the General Plan
Zoning Map
Symbol
Zone Description
Corresponding General Plan Land
Use Designation
Institutional and Open Space Zone
I/OS
Institutional and Open Space
Institutional (1), Parks (P), Open Space
(OS)
Special Use Zones
PD
:�
Planned Development
All Residential designations,
Commercial, Industrial, Institutional,
Mixed -Use, Mixed -Use - Specific Plan
9-1B-2: ZONING MAP ADOPTED BY REFERENCE:
This Zoning Code, together with the zoning Map, is hereby adopted in compliance with current State
planning, zoning, and development laws. Changes in the boundaries of any identified zones will be made
by ordinance. The boundaries, designations, and locations of the zones established by this Zoning Code will
be shown upon the map(s) entitled "Zoning Map for the City of Temple City" and referred to in this Zoning
Code as the zoning map.
9-16-3: RIGHTS-OF-WAY AND VACATED BOUNDARY LINES:
Where a public street or alley is officially vacated, the property areas associated with the vacated street or
alleY will be included within the zone or zones of the adjoining properties. If the adjoining properties are in
different zones, the boundary lines will be the centerline of the former street or alley and the extension of
the side yard lines of the abutting properties. In the event such street, alley, or right-of-way was a boundary
between two or more different zones, the new zone or zone boundary will be the property line that is
created by the vacation.
9-1B-4: UNCERTAINTY OF BOUNDARIES:
A. Determination of Boundaries: If there is uncertainty about the location of a zone boundary
shown on the official Zoning Map, the Director will determine the location of the boundary in
the following manner:
June 25, 2019
Page 2 of 3
ARTICLE B. Zones Established and Zoning map
9-1B-5: Classification of Annexed Lands:
1. Where a zone or area boundary approximately follows a parcel line, street line, or alley
line, the parcel line, street centerline, or alley centerline will be construed as the zone
boundary.
2. Where a zone or area boundary divides a parcel and the boundary line location is not
specified by distances indicated on the subject map, the location of the boundary will be
determined by using the scale appearing on the map.
9-1B-5: CLASSIFICATION OF ANNEXED LANDS:
A. Annexed Land Classification Requirements:
1. Any land annexed to the City of Temple City will be deemed to be zoned under such
classification under this Zoning Code as is most nearly the equivalent zoning classification
or General Plan land use designation of the City of Temple City.
2. Whenever it is deemed that the zoning of annexed lands is inconsistent with adopted
General Plan land use policy or other City policies, the Planning Commission may
recommend and the Council may adopt the zone classifications which will apply to the
annexed lands in the manner prescribed in Article C amending this Zoning Code.
lune 25, 2019
Page 3 of 3
ARTICLE C. ADMINISTRATION AND ENFORCEMENT
9-1C-1: CITY COUNCIL:
The city council is the legislative body of the city of Temple City, with all those powers granted by the state
and the city charter. In the context of this zoning code, the city council has the authority to hear appeals
and make decisions on those types of applications shown as city council responsibilities in Table 9-1C-6-1
Summary of Development Review Procedures.
9-1C-2: PLANNING COMMISSION:
A. Creation;
Pursuant to Article XI of the Charter of the city of Temple City, a planning commission
(commission) for the city of Temple City is hereby created.
13. Membership and Terms:
1. Commission Members: The planning commission of this city must consist of five members
appointed for two-year terms who must be residents and qualified electors of the city at
the time of their appointment to office and during their entire period of service on the
commission. Members must be appointed as set forth in section 1103 of the charter of the
city of Temple City.
2. Chairperson:
The
commission must elect
its chairperson from
among its appointed
members for a
term
of one year.
without cause, the
office of
C. Meetings and Proceedings:
1. Rules and Regulations: The rules and regulations adapted by the commission and
"Rosenbergs Rules of Order", where not inconsistent with said rules and regulations, will
govern all meetings of the commission.
2. Regular and Special Meetings: Regular meetings will be as provided for by resolution of the
commission and approved by the city council. The commission will hold at least ane regular
meeting in each month, as business requires. Special meetings will be called in the manner
specified in the Government Code of the state of California (Government Code) for the
calling of special meetings of commissions and boards. A majority of the regular members
will constitute a quorum. Less than a quorum may adjourn any meeting.
3. Absence from Meetings:
If a member
of the commission
is absent
from
three successive
regular meetings of said
commission,
without cause, the
office of
such
member will be
lune 25, 2019
Page 1 of 53
ARTICLE C. Administration and Enforcement
9-1C-3: Director of Community Development Department:
deemed to be vacant and the term of such member terminated and the commission will
mmediately inform the city council of such vacancy.
4. Absence for Cause: Where a member of the commission is absent due to illness or
unavoidable absence from the city, and gives notice thereof to the secretary of the
commission on or before the day of any regular meeting by said commission the same will
be deemed an absence for cause.
5. Records: The commission must keep a record of all business, minutes, transactions,
findings, determinations, correspondence, and other matters coming before it. Such
records must be maintained as are public records of other bodies and agencies. Minutes
of the commission will be filed with the city clerk.
D. Duties and Authority:
The commission must perform the duties and will have all the rights, powers and privileges
specified and provided for in this zoning code or by state law including the authority to hear
appeals and make decisions on those types of applications shown as planning commission
responsibilities in Table 9-1C-6-1 Summary of Development Review Procedures.
9-1C-3: DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT:
The Director of the Community Development Department (Director) has the overall responsibility for the
decisions of the planning division staff. The Director, or designee, will make recommendations and
decisions as indicated in Table 9-1C-6-1 Summary of Development Review Procedures,
9-1C-4: PLANNING DIVISION STAFF:
Planning division staff is responsible forthe day-to-day administration ofthis zoning code, unless this zoning
code states that another individual, department, or body has a specific responsibility.
9-1C-5: GENERAL PROCEDURES:
This section describes the common procedural steps and other rules that generally apply to development
aVia lications reviewed under this zoning code, unless otherwise expressly exempted or alternative
procedures are specified in Table 9-1C-6-1 Summary of Development Review Procedures,
A. Pre -application Meeting:
Apre-application meeting is an informal discussion between a potential applicant and planning
division staff regarding a possible project subject to this zoning code. The purpose of the pre -
application meeting is to inform a potential applicant of the city requirements as they apply to
the proposed project, inform the potential applicant of the city's review process, and identify
June 25,2019
Page 2 of 53
ARTICLE C. Administration and Enforcement
9-1C-5; General Procedures:
nformation and materials required in the application. The meeting will be conducted between
planning division staff and a project applicant for the following projects:
1. Projects requiring City Council approval;
2. Major site plan reviews approved by the Planning Commission; and
3. Projects requesting a Pre -Application Meetings by an applicant.
B. Application:
1. Application Filing: Unless otherwise expressly stated in this zoning code, all applications
must be filed with the planning division, on forms furnished by the planning division, and
must include a list of all application materials, information, and fees for that type of project,
permit, or approval on the respective application form.
2. Review far Completeness:
a. Initial Review: The planning division will review each application for completeness and
accuracy before it is accepted as being complete and officially filed.
b. Basis for Determination: The planning division's determination of completeness will be
based on the city's list of required application materials and any additional written
instructions provided to the applicant in a pre -application meeting, if such pre -
application meeting has been held.
c. Notification of Applicant: Within 30 calendar days of filing an application, the planning
division will inform the applicant, in writing, whether the application is complete and
has been accepted for processing, or whether the application is incomplete and
additional information is required.
d. Appeal of Determination: The applicant may appeal the planning division's
determinationI that the application is incomplete or that the additional information
requested by the planning division is not required, to the planning commission in
compliance with section 9 -1C -G Appeals.
e. Referral of Application: An application may be referred to those city departments,
contract departments, service providers, and review agencies potentially affected by
the application for review and comment per the Director's discretion.
3. Inactive Application: If an applicant does not respond to a complete letter, incomplete
letter, comment letter, or other correspondence requesting revisions or additional
material within 90 days the City will send a letter to the applicant notifying them that if
materials responsive to the previously mentioned correspondence are not submitted
lune 25, 2019
Page 3 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procedures:
within 30 days,
the application
will
be deemed inactive. The
application will be
administratively
withdrawn on the
31"
day if no responsive materials
are submitted.
4. Withdrawal of Application: Any applicant may withdraw an application or an appeal, prior
to a decision thereon, by filing a written request to do so; refunds may be issued at the
discretion of the Community Development Director based on the amount of work
completed on the application or an appeal at the time the written request is submitted.
5. Environmental Information: After the planning division has accepted an application as
complete, the division may require the applicant to submit additional information for the
environmental review of the project in compliance with the California Environmental
Quality Act (CEQA) to determine if the findings can be made.
6. Environmental Review:
a. CEQA review: After acceptance of a complete application, the planning division will
review the project in compliance with CEQA to determine whether the project is
exempt from CEQA, or the extent of environmental review required for the project.
These determinations and, where required, the preparation of appropriate
environmental documents must comply with CEQA and any adopted CEQA guidelines.
b. Special Studies Required: Special studies, prepared by the City's consultant and paid
for in advance by the applicant, may be required to supplement the city's CEQA review.
7. Successive Applications: No application may be resubmitted for the same or substantially
the same variance, permit, modification, or other application which had previously been
denied by the director, planning commission, or the city council within the previous 12
months.
C. Neighborhood Meeting:
1. Applicability: The following types of applications require at least one neighborhood
meeting, open to the public, at the project site, an alternate location within a mile radius
of the site (i.e. coffee shop, community center, etc.), or at City -owned location for a fee at
a time convenient for interested residents to attend. The applicant must confer with
planning division staff prior to selecting a meeting time and location.
a. Zoning Map Amendment
b. General Plan Amendment
c. Non-residential structures greater than 25,000 square feet in size
d. Residential projects with more than 25 units
lune 25, 2019
Page 4 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procedures:
e. Any project requiring an Environmental Impact Report (EIR)
2. Meeting Content: The applicant must provide general information on the proposed
project including but not limited to the following:
a. A general description, orally, in text, and/or by diagram of the project.
b. A description of the location of the real property on which the project will be located.
c. Any entitlements being sought by the applicant.
d. Any amendments to this zoning code, the general plan, or applicable specific plan
associated with the project.
3. Notice: Notice for a public hearing must occur in compliance with section 9 -1C -5-E Notice.
4. Proof of Meeting: Prior to the scheduling of a public hearing, the applicant must provide
to the Director proof that the meeting occurred, including a sign -in sheet of attendance,
notes from the meeting, and meeting location, date, and time.
D. Public Hearings:
1. Applicability: Public hearings will be held for those types of applications where Table 9-1C-
6-1 Summary of Development Review Procedures requires a public hearing.
2. Proceedings: Public hearings before the planning commission and public hearings before
the city council on matters related to this zoning code will be conducted pursuant to rules
and practices established by each of those bodies and in compliance with state law. Public
hearings before the Director will be conducted at a date, time, and location determined by
the Director, in compliance with state law. All public hearings before the planning
commission, city council, or Director must be open to the public.
3. Notice: Notice of a public hearing must be given pursuant to section 9-1C -S-E Notice.
4. Recommendations: Following a public hearing resulting in a recommendation to another
hearing body, the recommendations will be forwarded to the other hearing body. A copy
of the staff report to the other hearing body with the recommendation will be forwarded
to the applicant.
5. Decision and Notice: Following a final decision, the decision authority will provide notice
of the final action to the applicant and any person who specifically requested notice of final
action. Notice of the final action will contain applicable findings, conditions of approval,
reporting and monitoring requirements, and the procedure for appeal of the decision.
E. Notice:
June 25, 2019
Page 5 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procedures:
1. Content of Notice: Notice of a public hearing must include all the following information:
a. Information pertaining to the hearing, including:
The date, time, and place of the hearing.
ii. The name of the hearing body or Director.
The phone number, email address, and street address of the planning division
where an interested person could call or visit to obtain additional information.
b. Information pertaining to the project, including:
i. The name of the applicant.
The city's file or project number assigned to the project.
A general explanation of the matter to be considered.
v. A general description, in text or by diagram, of the location of the real property, if
any, that is subject of the hearing.
c. Statement on Environmental Document: The hearing notice must state that the
hearing body will consider approval of the CEQA determination or document prepared
for the proposed project.
2. Method of Noticing:
a. Mailing: Notice must be given by United States mail, postage prepaid, at least 14 and
up to 30 days in advance of a scheduled hearing to the following recipients:
I
. The
owners of the
subject property as shown
on the
latest equalized
assessment
roll
or the owner's
authorized agent, and the
project
applicant, if not
the owner.
ii. All local agencies expected to provide water, sewage, streets, roads, schools, or
other essential facilities or services to the project, whose ability to provide those
facilities and services may be significantly affected.
All owners of real property as shown on the latest equalized assessment roll
located within 300 feet from the external boundaries of the real property that is
the subject of the hearing. The list of the names of the property owners who own
property within the notice mailing radius must be provided by the applicant. If the
number of property owners to whom notice would be mailed or delivered to is
greater than 1,000, in lieu of mailed or delivered notice, notice may be given by
newspaper publication.
June 25, 2019
Page 6 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procadurav
v. Any other person who has filed a written request for notice with the planning
division, or whose property, in the judgement of the planning division may be
affected by the proposed project.
b. On -Site Notice: The applicant will post a sign, provided by the planning division, of at
least 30 inches by 24 inches on each street face of the real property that is the subject
of the hearing. The content of the sign must include the project and hearing
information required by section 9 -1C -5-E-1 Content of Notice. The applicant must
provide the Director with a date-stamped photo as proof of on-site notice.
c. Newspaper Publication: If on-site notice is not feasible, notice of public hearing must
be published by placing a display of at least 1/8 of a page in size in at least one
newspaper of general circulation at least 14 days in advance of the hearing.
d. City Website: Notice of a public hearing will be posted on the City's website no less
than 14 days in advance of the hearing.
F. Request for Review:
1. Eligibility: The following city officials may file with the city clerk a request for review (RFR)
of any decision made by the planning commission:
a. Any council person
b. The city manager
c. The city attorney
2. Timing: Such RFR must be filed within 14 days of the decision by the planning commission,
as a no fee filing, together with a statement that such RFR is not indicating support for or
opposition to such decision, but is filed because the filer believes that such decision
involves a matter of such interest, import, precedent or significance that such decision
should as a matter of policy and planning be made by the city council.
3. Effect of RFR: Upon the timely filing
of an RFR, the decision of the planning commission will
be suspended until the RFR is determined by the city council; and the city clerk will
immediately notify the council, planning commission, applicant and all who appeared at
the planning commission meetings with regard thereto and set the matter for hearing
before the city council for final determination.
4. Procedure: The procedures of an RFR will be the same as those for an appeal under section
9 -1C -5-G Appeals.
G. Appeals:
lune 25, 2019
Page 7 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procedures:
1. Review Authority: Unless stated otherwise in this code, appeals of decisions of the Director
must be made to the planning commission and appeals of decisions of the planning
commission must be made to the city council.
2. Eligibility: Appeals may be initiated by the applicant or any person aggrieved by the
decision of the planning commission or the Director.
3. Timing: An appeal must be filed within 15 calendar days following the date the decision
was rendered, unless a longer appeal period is specified as part of the project approval. In
the event the completion of the appeal period falls on a weekend or holiday, the decision
will become effective after 5:00 pm on the first business day following the completion of
the appeal period.
4. Form and Fees: An appeal must be submitted in writing on an official city appeal form
together with all required fees.
5. Effect of Appeal: Once an appeal is
filed,
any action
on the associated
project is suspended
until the appeal is processed and a
final
decision is
rendered by the review authority.
6. Procedure:
a. Report and Scheduling of Hearing: When an appeal has been filed, the Director must
prepare a report on the matter, including all the application materials in question, and
schedule the matterfor a public hearing by the appropriate review authority within 90
days of receiving the appeal.
b. Notice: Notice of the
appeal
hearing
must be provided
and the hearing must be
conducted pursuant to
section
9 -1C -5-D
Public Hearings.
c. Scope of Review and Decision: During the appeal hearing, the review authority may
act on any aspect of the appealed project (de novo reviewl. The review authority will
make its own decision based upon findings of fact applicable to the case. The findings
will identify the reasons for the action on the appeal and verify the compliance of the
subject of the appeal with this zoning code.
d. The review authority's decision may:
i. Affirm, affirm in part, or reverse the action that is the subject of the appeal.
ii. Adopt additional conditions of approval that address the matter appealed.
. Remand the appeal forfurther review, recommendation, or action to the previous
review authority.
June 25, 2019
Page 8 of 53
ARTICLE C. Administration and Enforcement
9-1C-5: General Procedures
v. A matter
being heard on
appeal
may
be continued
for good cause
(e.g. additional
California
Environmental
Quality
Act
(CEQA) review
is required).
first
the hearing
body is unable to reach a decision on
the matter
appealed, the
decision of the
previous review authority will remain in
effect.
this
7. Effective Date of Appeal Decision:
a. City Council's Decision: A decision of the city council on an appeal is final and will be
effective on the date the decision is rendered.
b. Other Decisions: A decision of the planning commission is final and effective after 5:00
p.m. 15 calendar days following the date the decision is rendered, when no appeal to
the decision or RFR has been filed in compliance with this code. In the event the
completion of the appeal period falls on a weekend or holiday, the decision will
become effective after 5:00 pm on the first business day following the completion of
the appeal period.
8. Judicial
Review: No person
may
seek judicial
review of a city decision on a permit or other
matter
in compliance with
this
zoning code
until all appeals
to the planning commission
and city
council have been
first
exhausted in
compliance with
this zoning code.
H. Post Decision Procedures:
1. Effective Date of Decision:
a. City Council: A decision of the city council is final and will be effective on the date the
decision is rendered.
b. Planning Commission and Director: A decision of the planning commission or the
Director is final and will be effective after 5:00 p.m. on the 15'" day following the date
the decision is rendered, when no appeal to the decision has been filed.
2. Issuance of Permits: Permits will not
be issued until the
effective date,
provided that no
appeal of the decision body has been
filed in compliance
with section 9 -1C
-5-G Appeals.
3. Compliance to Approved Plan or Permit: All work performed under an approved plan or
permit must comply with the approved drawings and plans or permit and any conditions
of approval imposed by the decision authority.
4. Performance Guarantees:
June 25, 2019
Page 9 of 53
ARTICLE C. Administration and Enforcement
9 -SC -5: General Procedures:
a. Security Required: The Director may require an applicant to provide adequate security
to guarantee the proper completion of any approved plan or permit and compliance
with any conditions of approval.
b. Form of Security: The security must be in the form of cash, a certified or cashier's
check, or a performance bond executed by the applicant and a corporate surety
authorized to do business in California and approved by the city.
c. Amount of Security: The Director will determine the amount of the security necessary
to ensure proper completion of the approved plan or compliance with any conditions
of approval.
d. Duration of Security: The security must remain in effect until all work has been
completedaccording to the approved plans or permit and conditions fulfilled to the
satisfaction of the Director or until a specified warranty period has elapsed.
e. Release of Security: The security deposit will be released upon completion of work in
compliance with the approved plan or permit and any conditions of approval. The City
may maintain twenty-five percent of the security deposit to ensure work complete was
constructed appropriately and will be returned to the applicant one year following the
partial release of the security deposit.
f. Failure to Comply:
i. Upon failure
to complete
any work
or comply with conditions, the city
may
complete the
work or fulfill
the condition
and may collect from the
applicant
or
surety all costs incurred,
including
administrative, engineering,
legal,
and
inspection costs.
ii. Any unused portion of the security will be refunded to the funding source.
5. Changes to an Approved Project: Changes to an approved project must be established only
as approved by the review or decision authority, except when changes to the project are
approved in compliance with this section.
a. Request for a Change: An applicant must request desired changes in writing and must
submit appropriate supporting materials and an explanation far the request.
b. Notice and Hearing: If the original approval required a noticed public hearing, a noticed
public hearing is required for the requested change pursuant to section 9 -1C -5-D
Public Hearings, section 9 -1C -5-E Notice, except as allowed by section 9 -1C -5 -H -5-c
Minor Changes.
lune 25, 2019
Page 10 of 53
ARTICLE C. Administration and Enforcement
9 -IC -5: General Procedures:
c. Minor Changes: The Director may authorize minor changes to an approved project if
the changes comply with all the following criteria:
The requested changes are consistent with this zoning code.
The requested changes are consistent with the spirit and intent of the original
approval.
iii. The requested changes do not involve a feature of the project that was a basis for
findings in a negative declaration, mitigated negative declaration, or
environmental impact report for the project.
v. The requested changes are in substantial compliance with and are consistent with
the spirit, intent, and directions of the decision-making body.
v. The requested changes do not involve a feature of the project that was a specific
consideration by the review authority in granting the approval.
vi. The requested changes do not involve an expansion, intensification, or increase
greater than ten percent in size of the land use or structure, and are in substantial
compliance with all other conditions of approval, do not affect compliance with
CEQA requirements, and are found by the Director to be in substantial compliance
with the original approval
vii. The requested changes comply with the criteria above and involve a minor change
to the project design that maintains the essential elements of the project as
originally approved.
6. Lapse of Approval and Extension: A permit or approval issued pursuant to this zoning code
will lapse and become no and void two years following the effective date of the permit or
approval if not exercised. The permit shall not be deemed "exercised" until a building
permit for the subject property has been issued, and construction diligently pursued to
completion; a Certificate of Occupancy has been issued by the City; or if no building permit
has been required, the use has commenced. A one-year extension may be granted by the
Director upon written request by the applicant received at least 30 days prior to the permit
or approval expiration date, provided there are no changes to the project.
7. Permits to Run with the Land: Unless otherwise stated for a specific type of permit or
approval under this zoning code, or unless otherwise stated on the permit or approval
document, permits, approvals, or decisions issued under this zoning code run with the land
and are not affected by changes in ownership or the form of ownership of the property.
8. Revocations:
June 25, 2019
Page it of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures:
a. Notice and Hearing: Upon recommendation by the Director, the body which originally
granted the permit or approval will conduct a noticed public hearing to determine
whether a permit or approval, should be revoked. If the revocation relates to a permit
or approval granted by the County of Los Angeles, the commission will conduct a
hearing.
b. Decision and Action:
If the commission
or council finds
any one of the following facts
to be present, it will
revoke the permit
or approval:
as to
i. That the permit or approval was obtained by fraud.
ii. That the permit or approval
granted is being, or has
been, exercised
contrary to
the terms and conditions of
such permit or approval or in violation of
any law.
iii. That the use
for which the permit or approval
was
granted is being exercised to be
detrimental
to the public health or
safety, or
as to
constitute a nuisance.
c. Appeal: If the commission conducts the hearing, the action taken by the commission
will be subject to an appeal in compliant with section 9 -1C -5-G Appeals of this zoning
code.
9-1C-6: SPECIFIC PROCEDURES:
This Section lists the specific types of development applications that may be required for a development or
redevelopment project in the City, and the various procedural steps, decision makers, and findings of facts
applicable to each type of application. The requirements of section 9-1C-5 General Procedures will apply
to any relevant topic not specifically addressed in this section. In case of conflict between the provisions of
this section and those of section 9-1C-5 as they relate to a specific type of application or procedure, the
provisions of this Section will apply.
June 25, 2019
Page 12 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Prnredurac'
Table 9-1C-6-1
$ummary of Development Review Prnradurae
A. Zoning Clearance:
1. Applicability: Zoning clearances are not considered discretionary
for purposes of the California Environmental Quality Act
A zoning clearance is required for a proposed use or structure
prior to the issuance of any building, grading, or construction
permit, or other authorization for the use or structure. The following
projects are subject to a zoning clearance: 41111111111111111
a. Single -story accessory structures permanently attached to
the ground for single family uses.
Zoning Clearance Process
b. All fences and walls.
c. All pools, spas, and their related equipment.
June 25, 2019
Page 13 of 53
Approval
Public
Application/Approval
Authority
Notice
Hearing
Appeal Body
Zoning Clearance
D
N
N
Minor Site Plan Review
D
N'
N
PC/CC
Major Site Plan Review (standalone)
D1/PC4
Y
N/Y4
PC/CC
Minor Variance
D
Y
N
PC/CC
Variance
PC
Y
Y
PC/CC
Temporary Use Permit
D
N
N
Conditional Use Permit
PC
Y
Y
CC
Zoning Amendment
PC/CC3
Y
Y
CC
General Plan Amendment
PC/CC3
Y
Y
Cc
Reasonable Accommodation (standalone)
D
Y
N
PC/CC
Development Agreement
PC/CC3
Y
Y
CC
1. Notice is required for anew two-story single-family residence or addition
above the first story to an existing single-family residence
2. The planning commission is the approval authority for a
major site plan review sought in conjunction with another application that requires planning
commission review (conditional use permit, variance, etc.)
The city council
is the approval authority for a major
site plan
review sought in
conjunction with a bonus or concession associated with the state density bonus law.
3. Recommendation by Planning Commission final approval
by City Council.
4. Major site plan reviews for multi -family projects with 7 or
more units, non-residential
projects greater than
10,000 square feet in size, and mixed-use
projects with a component exceeding either will be reviewed by the Planning
Commission,
Key: D =Director; PC= Planning Commission; CC= City Council; N = Not Required; Y =Required
Flow Chart Key:
®Required
P
Required
A. Zoning Clearance:
1. Applicability: Zoning clearances are not considered discretionary
for purposes of the California Environmental Quality Act
A zoning clearance is required for a proposed use or structure
prior to the issuance of any building, grading, or construction
permit, or other authorization for the use or structure. The following
projects are subject to a zoning clearance: 41111111111111111
a. Single -story accessory structures permanently attached to
the ground for single family uses.
Zoning Clearance Process
b. All fences and walls.
c. All pools, spas, and their related equipment.
June 25, 2019
Page 13 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
d. All residential patio covers.
e. All commercial, industrial, mixed-use, and institutional tenant improvements provided
no exterior changes are proposed.
f. Other projects that require a building permit but not require a minor or major site plan
review (except for permits to re -roof a structure, stucco a structure, or changeout
windows).
g. The establishment of a new land use or change in land use on an existing parcel or
within an existing structure.
h. Accessory dwelling units
i. Water heaters and air conditioning units located outside of the structure.
j. Parking lot re -striping.
Z. Application: An application for a zoning clearance must be filed and reviewed pursuant to
section 9-1C1-5-6 Application,
3. Approval Authority: The Director acts on a zoning clearance.
4. Scope of Review: The Director will issue the zoning clearance after determining that the
request complies with all provisions of this code applicable to the proposed project.
5. Exception: A zoning clearance is not required for projects that have been approved under
another permit process identified in this code.
June 25, 2019
Page 14 of 53
ARTICLE C. Administration and Enforcement
9 -1C -G: Specific Procedures
B. Minor Site Plan Review:
1. Purpose: The minor site plan review process is to:
a. Ensure that development occurs in a manner consistent with I
the overall goals and objectives of the general plan. 4
b. Ensure that all development is consistent with the standards
and regulations contained in the code.
c. Ensure that the proposed architectural design and treatment
of construction is consistent with the design guidelines Fr
contained in the code.
Appeal to PC
d. Ensure that the proposed architectural design and treatment P
of construction is designed to minimize adverse aesthetic and Minor Site Plan Review
environmental impacts on the site and its surroundings and Process
are compatible with its surroundings.
2. Applicability: The following projects are subject to a minor site plan review:
a. All new, single -story, single-family residences.
b. Ground floor additions to single-family residences.
c. Any proposed demolition, where new construction is not proposed.
d. New two-story single-family residences or additions above the ground floor of a single-
family residence.
e. Facade improvements and other exterior changes on commercial, industrial, mixed-
use, and institutional uses provided there is no square footage being added.
f. Accessory structures for
multi -family, commercial, industrial, mixed-use, and
nstitutional uses, including trash enclosures and other non -habitable structures that
are 120 square feet or larger; provided there is no habitable square footage being
added.
g. The addition of outdoor seating areas to existing restaurants provided there is no
interior square footage being added.
3. Application: An application for site plan review must be filed and reviewed pursuant to 9-
1C -5-B Application.
4. Approval Authority: The Director acts on all minor site plan reviews.
mne ZS, 2019
Page 15 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
5. Public Hearing: Minor site plan
reviews do not require a public
hearing.
However, the
Director may, due to the nature
of a proposed project, require that
a public
hearing before
the Director be held for a minor
site plan review.
6. Notice:
a. Notice is not required for a minor site plan review except for the following:
i. Anew two-story single-family residence or addition above the first story to an
existing single-family residence.
ii. When required by the Director.
b. Noticing Requirements:
i. Notice that the Director will be deciding on an application will be mailed to owners
of all properties, as shown on the latest equalized assessment roll, located within
100 feet from the external boundaries of the real property that is the subject of
the hearing, at least 14 days prior to the Director's decision being made. The list
of the names of the property owners, within the notice mailing radius must be
provided by the applicant.
ii. Notices must contain a description of the location, a brief description of the
proposal, the deadline to submit comments, the date the Director is scheduled to
decide, and information about when and how an appeal may be filed.
7. Comment Period: The comment period will
be 10 days
from the date
notice is provided.
Written comments received by the Director
during this
period will be
considered as part
of the staff review.
8. Findings
of Fact:
The Director
may approve a site plan
review only if all
the following
findings
of fact are
made:
a. The proposed development complies with all applicable provisions of this zoning code
and is consistent with the general plan and any applicable specific plan.
b. The proposed structures, signs, site development, grading and/or landscaping are
compatible in design, appearance and scale with existing uses, development, signs,
and structures and landscaping of the surrounding area.
c. The proposed development, as submitted or modified by conditions of approval is
consistent with the applicable design guidelines.
June 25, 2019
Page 16 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
d. The site is adequate in size and shape to accommodate the proposed structures, yards,
walls, fences, parking, landscaping, and other development features.
e. The approval of the site plan review complies with the California Environmental quality
Act (CEQA).
9. Appeals: Procedures and requirements of 9
-1C -5-G Appeals will
apply to
appeals of a site
plan review decision.
as determined by
the Director.
10. Post Decision Procedures: Procedures and requirements of 9 -1C -5-H Post Decision
Procedures will apply to a site plan review decision.
C. Major Site Plan Review:
1. Purpose: The major site plan review process is to:
a. Ensure that development occurs in a manner consistent with
the overall goals and objectives of the city's general plan.
b. Ensure that all development is consistent with the standards
and regulations contained in the code.
c. Ensure that the proposed architectural design and treatment
of construction is consistent with the design guidelines
contained in the code.
d. Ensure that the proposed architectural design and treatment
of construction is designed to minimize adverse aesthetic and
environmental impacts on the site and its surroundings, and
are compatible with its surroundings.
LAppeal to PC
P
or Site Plan Review
Maj
Process
2. Applicability: The following projects are subject to a major site plan review:
a. All new commercial, industrial, mixed-use, multi -family residential, and institutional
constructionP or remodel where new square footage or units is proposed.
b. Any other
construction not
identified as requiring a
minor site plan review or zoning
clearance,
as determined by
the Director.
3. Application: An application for site plan review must be filed and reviewed pursuant to 9-
1C -S -B Application.
4. Approval
Authority: The Director acts
on major site plan reviews,
except, under the
following
conditions:
June 25, 2019
Page 17 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures:
a. When a major site plan review is sought in conjunction with another application that
requires planning commission review (conditional use permit, variance, etc.), the
planning commission will be the approval authority.
b. When a major site plan review for a multi -family project includes 7 or more units, a
non-residential project is greater than 10,000 square feet, or a mixed-use project
includes 7 or more units or 10,000 square feet of non-residential space the Planning
Commission will act on the application.
cI The city
council acts, upon recommendation of
the planning commission,
on site plan
reviews
that also involve concessions under the
state's density bonus law.
that a public hearing before the Director be
5. Public Hearing:
a. Major site plan reviews that are acted upon by
the Director do not
require a public
hearing. However, the Director may, due to
the
nature of a proposed
project, require
that a public hearing before the Director be
held
for a major site plan
review.
b. For major site plan reviews that are acted upon by the planning commission or city
council, the public hearing will be set before the planning commission or city council
pursuant to section 9 -1C -5-D Public Hearings.
6. Notice: Notice for a major site plan review with or without a public hearing will occur in
compliance with section 9 -1C -5-E Notice. For major site plan reviews without a public
hearing, notice will be provided the specified number of days prior to the Director's
decision being made, and the public notice must include the date the Director is scheduled
to decide.
7. Findings of Fact: The
approval
authority (Director,
planning
commission, or
city council)
may approve a major
site plan
review only if all the
following
findings of fact
are made:
a. The proposed development complies with all applicable provisions of this zoning code
and is consistent with the general plan and any applicable specific plan.
b. The proposed structures, signs, site development, grading and/or landscaping are
compatible in design, appearance and scale with existing uses, development, signs,
structures, and landscaping of the surrounding area.
c. The proposed development, as submitted or modified by conditions of approval is
consistent with the applicable design guidelines.
dI
The site is adequate in size and shape to accommodate the proposed structures, yards,
walls, fences, parking, landscaping, and other development features.
lune 25, 2019
Page 18 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
e. I he
approval
of the site plan
review complies with the California
Environmental Qua Iity
Act
(CEQA).
a minor exception.
Minimum
Rear Setback
8. Appeals: Procedures and requirements
of section 9 -1C -5-G Appeals
apply to
appeals of a
major site plan review decision.
standards may
be subject to
a minor exception.
9. Post Decision Procedures: Procedures and requirements of section 9 -1C -5-H Post Decision
Procedures apply to a major site plan review decision.
D. Minor Exception:
1. Purpose: A minor exception is provided to allow an applicant
that demonstrates practical difficulties in complying with all
requirements of this zoning code, minor deviations from certain
development standards of this zoning code.
2. Applicability:
The following
adjustment
from the applicable
development
standards may
be subject to
a minor exception.
-P
Minor Variance Process
Table 9-1C-6-2
Maximum Allowable Deviation by Minor exception
Development Standard
Maximum Allowable Deviation
(cumulative of earlier deviations).
Minimum
Front Setback
15%
Minimum
Side Setback
15%
Minimum
Rear Setback
10%
Maximum
Height, Principal Building
10%
Minimum
Number of Vehicle Parking Spaces
10%
3. Application: An application for a minor exception must be filed and reviewed pursuant to
section 9 -1C -5-B Application.
June 25, 2019
Page 19 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures:
4. Approval
Authority:
The Director acts
on a minor exception. The Director will set a date
and time
on which
the application for
a minor exception will be considered and decision
be made.
5. Notice:
a. Notice that an application for a minor exception has been submitted will be mailed to
the owners of all properties, as shown on the latest equalized assessment roll, located
within 100 feet from the external boundaries of the real property that is the subject of
the hearing, at least 14 days before the decision will be made. The list of the names of
the property owners within the notice mailing radius will be provided by the applicant.
b. Notices will contain a description of the location, a brief description of the proposal,
the date the Director is scheduled to make a decision, the deadline to submit written
comments, and information about when and how an appeal may be filed.
6. Comment Period: The comment period will be 10 days from the date notice is provided.
Written comments received by the Director during this period will be considered as part
of the staff review.
7. Findings
of Fact: The Director may
approve a minor exception only if all the
following
findings
of fact are made:
a. The minor exception will be compatible with adjacent structures and uses and is
consistent with the character of the neighborhood or zone district where it is located.
b. The minor exception will not adversely impact neighboring properties or the
community at large and will not be materially detrimental to the public welfare or
injurious to the adjacent or neighboring properties.
c. The minor exception will be consistent with all other applicable provisions of the city's
general plan and any applicable specific plan.
d. The minor exception will not establish an undesirable precedent.
8. Appeals: Procedures and requirements of section 9 -1C -5-G Appeals will apply to a minor
exceptionI
9. Post Decision Procedures: Procedures and requirements of section 9-105-H Post Decision
Procedures will apply to a minor exception.
June 25, 2019
Page 20 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures,
E. Variance:
1. Purpose: A variance is provided to allow for the deviation from
the terms and standards of this zoning code and is granted only
when, because of special circumstances applicable to the
property, the strict application of this zoning code deprives such
property of privileges enjoyed by other property in the vicinity
under identical zoning classification. tfllTSl1S
2. Applicability:
a. A variance is required for the deviation from any physical
development standard to the subject property. Examples of
physical development standards include height, setbacks, pr. Decision
open space, floor area ratio (FAR), and off-street parking P
requirements. I
b. Minor building alterations consistent with the reasonable 1
accommodations portion of this code (9 -1C -6-J), and/or small '
expansions to existing facilities, which are proposed for the _______________
sole purpose of meeting the requirements of the Americans
Variance Process
with Disabilities Act (ADA), will be waived from a zone
variance requirement. Specific instances may require a public hearing if it is
determined by the Director that the proposed building modifications involve more
substantial work than mere compliance with ADA requirements.
c. A variance will not
be granted to permit a use or
activity which is
not otherwise
expressly permitted
within the zoning district which
the property is in
as specified in
the Use Tables of each zoning district.
9 -1C -6-D Public Hearings.
3. Application: An application for a variance will be filed pursuant to section 9 -1C -5-B
Application.
4. Pre -Application Meeting: An applicant seeking a variance will participate in a pre -
application meeting pursuant to 9 -1C -5-A Pre -Application Meeting.
5. Approval Authority: The planning commission acts on all variances, and may approve,
conditionally approve, or deny a variance by resolution adopted by not less than three
affirmative votes. -
6. Public Hearing: Every
7. Notice: Notice for a public hearing will occur in compliance with section 9 -1C -5-E Notice,
application for
a variance will
be set for a
public hearing before the
planning commission
by the Director,
in compliance
with section
9 -1C -6-D Public Hearings.
June 25, 2019
Page 21 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
8. Findings
of
Fact: The planning commission may approve a
variance only if
all the following
findings
of
fact are made:
will apply to zone variances.
a. There are unique circumstances applicable to the subject property, including size,
shape, topography, location, or surroundings, that do not generally apply to other
properties in the same zone as the subject property.
b. The variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property similarly situated, but which is denied to the
property in question.
c. The variance will not be materially detrimental to the public welfare or injurious to the
adjacent or neighboring properties.
d. The subject property and existing or proposed use located on the subject property
complies with all other applicable provisions of this zoning code and is in conformance
with the general plan and any applicable specific plan.
9. Appeals: Decisions of the planning commission may be appealed to the city council in
compliance with section 9 -1C -5-G Appeals.
10. Post
Decision
Procedures:
Post decision procedures and
requirements in section 9 -1C -5-H
Post
Decision
Procedures
will apply to zone variances.
lune 25, 2019
Page 22 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
F. Temporary Use Permit:
1. Purpose: A temporary use permit is required for certain
temporary uses and structures to ensure that proposed
temporary uses or structures comply with the standards of this
zoningcode and do not negatively impact neighboring properties
or the general public.
2. Applicability: When permitted in a zoning district, all temporary
uses will require a temporary use permit except for the following
exempt temporary uses, subject to applicable occurrence and
Temporary Use Permit
duration standards. A temporary use permit will be required for Process
any exempt temporary use exceeding applicable occurrence and
duration standards.
a. Garage sales for individual residences limited to three, two-day events per calendar
year per individual residence. One block or neighborhood sale per calendar year is
allowed in addition to individual sales.
b. Storage containers delivered to a home, loaded by residents, and delivered to another
location, for a maximum of two weeks on private property. Storage containers on a
residential property for more than two weeks may be approved by the Director with a
temporary use permit.
c. Outdoor fund-raising events located on non-residential zoned properties, when
sponsored by a non-profit, charitable, civic, service, religious, educational or other
similar organization directly engaged in civic or charitable efforts, limited to one
weekend per month per sponsoring organization.
d. Temporary on-site construction yards and office trailers, less than one acre in size, and
established in conjunction with an approved project. The construction yard and trailer
will be immediately removed within 10 days of completion of the construction project
or expiration of the building permit.
e. Temporary
events at any publicly owned facility, including City -owned parks.
f. Seasonal sales events such as Christmas tree farms and pumpkin patches.
gI
Any other temporary use of the public right of way.
3. Application: An application for a temporary
June 25, 2019
Page 23 of 53
use permit will be filed and reviewed in
compliance
with
section 9 -1C -S -B
Application.
June 25, 2019
Page 23 of 53
ARTICLE C. Administration and Enforcement
9-1 [.-6: specific Procedures:
4. Approval Authority: The Director acts on the temporary use permit and may impose
conditions that are deemed reasonable and necessary to ensure that the permit would be
in full compliance with the findings required by Section 9 -1C -6-F-5, Scope of Review.
5. Scope of Review: The Director will issue the temporary use permit after determining that
the request complies with all the provisions of this zoning code applicable to the proposed
temporary use, including any makes the following findings:
a. The proposed temporary use is compatible with the nature, character and use of the
surrounding area;
b. The temporary use will not adversely affect the adjacent uses, buildings or structures;
c. The nature of the proposed use is not detrimental to the health, safety, or welfare of
the community.
d. The applicant has
agreed in writing to
comply with
all conditions imposed on
approval
of the Temporary
Use Permit,
in 3. above.
6. Conditions of Approval: The Director may include conditions of approval consistent with
one or more of the following:
a. Unless on Public Property, the applicant must either be the owner of the property, or
the authorized agent of the owner of the property, where the temporary use will
occur. Fortemporary uses involving cityowned parks and recreation areas, see Section
3-5E-2 Permits of the municipal code.
b. Continuation of a Temporary Use beyond the authorized dates or failure to remove a
structure associated with a Temporary Use within 10 days of the final authorized day
of use will constitute a violation of the municipal code and may be subject to Article U.
Enforcement, Violations and Penalties, of the zoning code.
c. Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed
period of time not to exceed 30 days for a temporary use not occupying a structure,
including promotional activities, or 12 months for all other temporary uses or
structures, or for a shorter period of time as determined appropriate by the Director;
d. Operating hours and days. The
e. Temporary pedestrian and vehicular circulation. Provision for adequate temporary
Director may set hours of
operation for the
temporary
use, and may limit one or more
days of the use within the
time established
in 3. above.
pedestrian and vehicular circulation, parking facilities (including vehicular ingress and
egress), and public transportation;
June 25, 2019
Page 24 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
f. Regulation of nuisance factors. Regulation of nuisance factors including prevention of
glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors,
smoke, trash, and vibration;
g. Regulation of temporary structures. Regulation of temporary structures and facilities,
including placement, height and size, location of equipment and open spaces including
buffer areas and yards, and equipment staging or materials storage areas;
h. Sanitary and medical facilities. Provision for sanitary and medical facilities, as
appropriate;
i. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic
waste collection, recycling, and/or disposal;
j. Police/security and
safety measures.
Provision for police/security and
safety measures,
as appropriate;
k. Signs. Regulation
of signs,
including provisions to ensure
removal of the signs following
the event;
Performance bond or other security. Submission of a performance bond or other
security measures, satisfactory to the Director, to ensure that any temporary facilities
or structures used will be removed from the site within a reasonable time following
the event and that the property will be restored to its former condition, or better, as
determined by the Director;
m. Compliance with applicable provisions. A requirement that the approval of the
requested Temporary Use Permit is contingent upon compliance with applicable
provisions of the Municipal Code and the successful approval of any/all required
permits from any other department or governing agency; and
n. Other conditions. Other conditions that would ensure that the operation of the
proposed temporary use would be conducted in an orderly and efficient manner, and
in full compliance with the purpose of this Chapter.
lune 25, 2019
Page 25 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
G. Conditional Use Permit:
I` 1, Applicability: A CUP is required for certain land uses that are
generally appropriate within a zoning district, but may have
impacts that make them undesirable on a particular parcel, in large
numbers, or within a specified proximity to another use. Land uses
requiring a CUP are displayed in the Use Table in each zoning
district section.
2. Pre -Application Meeting: An applicant seeking a CUP must
participate in apre-application meeting pursuant to 9 -1C -5-A Pre -
Application Meeting, PC Decision
3. Application: An application for a CUP will be filed in compliance _ P
with section 9 -1C -5-B Application, I
4.
Approval Authority: The planning commission acts on all CUPs, and ..
pP Y� P g l ---------------
may approve, conditionally, approve, or deny a CUP by resolution
adopted by not less than three affirmative votes.,
5. Public Hearing: Every application for a CUP will be set for a public Conditional Use Permit
hearing before the planning commission by the Director, in Process
compliance with section 9 -1C -5-D Public Hearings.
6. Notice: Notice for a CUP Hearing will occur in compliance with section 9 -1C -5-E Notice.
7. Additional Standards: The proposed
conditional use must comply with
all provisions of this
zoning code, including any special use
standards
specified in Article T,
Special Uses.
8. Findings of Fact: The planning commission may approve a CUP only if all the following
findings of fact are made:
a. The proposed use complies with all applicable provisions of this zoning code.
b. The proposed use is consistent with the general plan and any applicable specific plan.
c. The location, size, design, and operating characteristics of the proposed use will be
comVatible with existing and future land uses in the vicinity where the proposed use
will be located, in terms of aesthetic values, character, and scale.
d. The site and use provide adequate and appropriate access to and from the site and
within the site for vehicles, bicycles, and pedestrian and is adequately served by public
facilities and services.
June 25, 2019
Page 26 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
e, The proposed use will not be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the city.
9. Appeals: Decisions of the planning commission may be appealed to the city council in
compliance with section 9 -1C -5-G Appeals.
10. Post
Decision
Procedures:
Post decision procedures and requirements in section 9 -1C -5-H
Post
Decision
Procedures
will apply to CUPS.
H. General Plan Amendment:
1. Initiation: Amendments to the general plan may be initiated by any of the following:
a. General plan diagram amendment:
i. By motion of the city council.
ii. By motion of the planning commission.
iii. By the city manager.
iv. By the owner or person in legal possession of any real property located within the
city,
b. General plan text amendment:
i. By motion of the city council.
ii. By motion of the planning commission.
2. Application:
An
application for
a general plan amendment will be filed and reviewed in
compliance
with
section 9 -1C -5-B
Application.
3. Planning Commission Action:
a. Notice and Hearing: The planning commission will hold a public hearing on a proposed
general plan text or diagram amendment pursuant to section 9 -1C -5-D Public Hearing
and section 9 -1C -5-E Notice,
June 25, 2019
Page 27 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: soecific Procedures:
-+rr�rrr
CC Review and
Decision
O
P
App
OGeneral Plan Amendment Process eal to CC
b. Decision: After conducting a hearing on any proposed amendment, the commission
will make a written recommendation to the Council whether to:
i. Recommend the city council approve the requested amendment.
ii. Recommend the city council conditionally approve the proposed amendment.
Recommend the city council deny the requested amendment.
ivI
The commission's action must be by resolution, adopted by not less than three
affirmative votes, which must be based upon the findings specified in section 9-
1C -6-H-6 Findings for General Plan Amendment Approval.
v. The Director will forward the commission's written recommendation to the city
clerk.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
4. City Council Action:
a. Notice and Hearing: upon receiving the planning commission recommendation to
approve, approve with conditions, or deny a general plan amendment, the city council
will hold a public hearing on the proposed amendment pursuant to section 9 -1C -5-D
Public Hearing and section 9 -1C -5-E Notice.
b. Decision: After conducting a hearing on any proposed amendment, the council must
take one of the following courses of action:
i. Approve the requested amendment.
ii. Approve the requested amendment with conditions.
iii. Deny the requested amendment.
c. Referral to Planning Commission:
i. If the decision of the council, after conducting a public hearing, is in any way
contrary to the commission's action, the said matter will be referred to the
commission for a report before any final action is taken by the council.
ii. Failure of the commission to report back to the council within 40 days after such
matter has been referred to it will be deemed a recommendation for approval of
the council's action.
5. Findings for General Plan Amendment Approval: The city council may approve a general
plan text or diagram amendment only if all the following findings of fact are made:
a. The proposed amendment would not create an internal inconsistency in the General
Plan.
b. The proposed amendment would not be detrimental to the public health, safety, or
general welfare of the city.
6. Effective
Date: A general plan
amendment will
become effective immediately upon the
adoption
of a resolution by the
city council.
I. Zoning Amendment:
This section establishes procedures for amending this zoning code, including text and map
amendments. All amendments to this zoning code will be processed as setforth in Government
Code section 65853 et seq. and as specified in this section.
June 25, 2019
Page 29 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures:
1. Purpose:
A zoning amendment is
the process of amending the
content of this zoning code,
including
the text or zoning map.
motion of the
planning commission.
2. Initiation: Amendments to this zoning code and zoning map may be initiated by any of the
following:
a.
By
motion of the
city council.
b.
By
motion of the
planning commission.
c.
By
the owner, or
person in legal possession of any real property located within the city,
or
by any public agency having the power of eminent domain.
d.
By
council action
taken pursuant to section Government Code section 65858.
e. By the City Manager
3. Pre -Application Meeting: A private applicant seeking a zoning code or map amendment
must participate in a pre -application meeting pursuant to 9 -1C -5-A Pre -Application
Meeting,
4. Application:
An
application for
a zoning amendment will be filed and reviewed in
compliance
with
section 9-1C.S.B
Application.
5. Planning Commission Action:
a. Notice and Hearing: The commission will hold a public hearing on a proposed zoning
code amendment or zoning map amendment pursuant to section 9 -1C -5-D Public
Hearing and section 9 -1C -5-E Notice,
June 25, 2019
Page 30 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
Zoning Amendment Process
b. Decision:
After conducting a hearing on any proposed amendment, the commission will
make a written recommendation to the Council whether to: recommend the city
council approve the requested amendment, recommend the city council
conditionally approve the proposed amendment, or recommend the city council
deny the requested amendment.
The commission's action must be by resolution, adopted by not less than three
affirmative votes, which must be based upon the findings specified in section 9-
1C-1-7 Findings for Code Amendment Approval.
The Director must forward the commission's written recommendation to the city
clerk.
6. City Council Action:
June 25, 2019
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ARTICLE C. Administration and Enforcement
9 -IC -6: Specific Procedures:
a. Notice and Hearing: Upon receiving the planning commission recommendation to
approve, approve with conditions, or deny a zoning code or zoning map amendment,
the city council will hold a public hearing on the proposed amendment pursuant to
section 9 -1C.5 -D Public Hearing and section 9 -1C.5 -E Notice.
b. Decision: After conducting a hearing on any proposed amendment, the council must
take one of the following courses of action:
Approve the requested amendment.
Approve the requested amendment with conditions
Deny the requested amendment.
iv. If the decision of the council, after conducting a public hearing, is in any way
contrary to the commission's action, the said matter will be referred to the
commission for a report before any final action is taken by the council. Failure of
the commission to report back to the council within 40 days after such matter has
been referred to it will be deemed a recommendation for approval of the council's
action.
7. Findings far
Code Amendment Approval: The
city council may approve
a zoning code
amendment
or zoning map amendment only if
all the following findings of
fact are made:
a. Findings applicable to all zoning code and zoning map amendments.
i. The proposed amendment is consistent with the general plan and any applicable
specific plan as provided by Government Code section 65860.
ii. The proposed
amendment
will not be detrimental to the public health,
safety, or
welfare of the
city.
b. Additional finding for zoning code text amendments: The proposed amendment is
consistent with other applicable provisions of this zoning code.
8. Effective Date:
A zone amendment becomes
effective 30 days
following the adoption of
the ordinance
by the city council.
J. Reasonable Accommodation:
1. Purpose: A reasonable accommodation request is an adjustment to standards of this
zoning code to accommodate modifications to a dwelling unit in response to the needs of
a disabled resident seeking equal access to housing under the Federal Fair Housing Act and
the California Fair Employment and Housing Act.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
2. Public Notice of Process Availability: Notice of the availability of
the reasonable accommodation process will be publicly displayed
at city hall. Forms for requesting reasonable accommodation will
be available to the public at the community development
department at city hall.
3. Applicability:
a. A request for reasonable accommodation may include a
modification or exception to the rules, standards, and
practices for the siting, development, and use of housing or
housing -related facilities that would eliminate regulatory
barriers and provide a person with a disability equal
opportunity to housing of their choice.
Appeal
bl
to PC
O
A request for reasonable accommodation may be made by Reasonae
any person with a disability, their representative, or any Accommodation Process
entity, when the application of this zoning code or other land
use regulations, policy, or practice acts as a barrier to fair housing opportunities.
c. A requestfor reasonable accommodation may be made by any person with a disability,
their representative, or a developer or provider of housing for individuals with a
disability. A reasonable accommodation may be approved only for the benefit of one
or more individuals with a disability. A reasonable accommodation may be approved
for a "community care facility/large", as defined in section 9-1A-14 [Definitions) of this
zoning code.
4. Application:
a. An application for a reasonable accommodation will be filed and reviewed pursuant to
section 9 -1C -S -B Application.
b. If the project for which the request for reasonable accommodation is being made also
requires some other discretionary approval (e.g., conditional use permit, variance,
etc.), then the applicant will file the reasonable accommodation application materials
together for concurrent review with the application for discretionary approval.
c. A request for reasonable accommodation may be filed at any time that the
accommodation is necessary to ensure equal access to housing. A reasonable
accommodation does not affect an individual's obligation to comply with other
applicable regulations not at issue in the requested accommodation.
rune ZS, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
d. If an individual needs assistance in making the request for reasonable
accommodation, the city will provide assistance to ensure that the process is amenable
to the individual.
5. Required Submittals: In addition to materials required under other applicable provisions
of this code, an application for reasonable accommodation will include the following:
a. Documentation that the applicant is any of the following: an individual with a
disability, applying on behalf of one or more individuals with a disability, or a developer
or provider of housing for one or more individuals with a disability.
b. Documentation of the specific exception or modification to the zoning code provision,
policy, or practices requested by the applicant.
c. Documentation that the specific exception or modification requested by the applicant
is necessary to provide one or more individuals with a disability an equal opportunity
to use and enjoy the residence.
d. Any other information that the Director reasonably concludes is necessary to
determine whether the findings required by in section 9 -1C -6-J-8 Required Findings
can be made so long as any request for information regarding the disability of the
individuals benefited complies with fair housing law protections and the privacy rights
of the individuals affected.
6. Approval Authority: The Director acts on all applications for a reasonable accommodation,
except under the following circumstances:
a. If the reasonable accommodation application is filed for concurrent review with an
application for discretionary review, the planning commission or city council as
applicable will act on the reasonable accommodation application.
b. The Director may refer any reasonable accommodation application to the planning
commission for review and final decision.
7. Notice: Notice that a request for reasonable accommodations has been received will be
mailed to the owners of properties within 100 feet of a proposed project 14 days prior to
the Director approving the project.
8. Comment Period: The comment period will
be 10 days
from the date
notice is provided.
Written comments received by the Director
during this
period will be
considered as part
of the staff review.
9. Procedure:
lune 25, 2019
Page 34 of s3
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
a. Director Review:
The Director will make
a written
decision
within 45 days
based upon the findings
specified in in section 9
-1C -6-J-9
Findings.
To reach a decision on the request for reasonable accommodation, the Director
may request further information from the applicant consistent with fair housing
laws, if necessary. If a request for additional information is made, the 45 -day
period to issue a decision is stayed until the applicant submits the requested
information.
b. Other Review Authority:
i. If the Director refers a reasonable accommodation application to the planning
commission for review and final decision, the planning commission must decide
within 45 days based upon the findings specified in section 9 -1C -6-J-9 Findings.
ii. The decision on a request for reasonable accommodation that is submitted
concurrently with a discretionary permit application will be made by the planning
commission or city council in conjunction with the review procedure for the
discretionary permit application.
10. Findings: The review authority must make a written decision and either approve, approve
with modifications, or deny a request for reasonable accommodation based on
consideration of all the following factors:
a. The requested accommodation is requested by, or on behalf of, one or more
individuals with a disability protected under the fair housing laws.
b. The requested accommodation is necessary to provide one or more individuals with a
disability an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an "undue financial or administrative
burden" on the city, as defined in fair housing laws and interpretive case law.
d. The requested accommodation will not result in a "fundamental alteration" to the
purpose of the zoning code, as defined in fair housing laws and interpretive case law.
e. The requested accommodation will not, under the specific facts of the case, result in a
direct threat to the health or safety of other individuals or substantial physical damage
to the property of others.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
11, Alternative Reasonable Accommodations: In making these findings, the review authority
may approve alternative reasonable accommodations which provide an equivalent level of
benefit to the applicant.
12. Conditions of Approval: In approving a request for reasonable accommodation, the review
authority may impose conditions of approval to ensure that the reasonable
accommodation will comply with the requirements of this zoning code.
13. Appeals: Procedures and requirements of section 9 -1C -5-G Appeals must apply to a
reasonable accommodation request.
14. Post Decision Procedures: Procedures and requirements of section 9 -1C -5-H Post Decision
Procedures will apply to a reasonable accommodations request.
K. Development Agreements:
1. Use: The following provides procedures for the review, approval, and amendment of
development agreements, consistent with Government Code section 65864. A
development agreement is a legislative act that must be approved by ordinance and
subject to referendum.
Z. Initiation: Consideration of a development agreement may be initiated by:
a. Property owners) or other persons having a legal or equitable interest in the property
proposed to be subject to the agreement or an authorized agent of the owner(s).
b. A resolution of intention by the council.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
3. Fully Effectuate: The provisions of any development
agreement executed in compliance with this zoning code
must fully effectuate and be consistent with this section,
Government Code section 65864, and the development
agreement itself.
4. Discrepancies: If a discrepancy between the meanings of
these documents arises, reference must be made to the IN
following documents, and in the following order: "
a. The terms of the development agreement itself.
n' PC Review&
b. The provisions of this zoning code, j
I s _•
nnmend
c. The provisions of state law.
5. Size of Property: The property proposed to be subject to the -
i
agreement must be not less than 1 acre in size.
r-
6. Pre -Application Meeting: An applicant seeking a development P
agreement must participate in a pre -application meeting Development Agreement
pursuant to 9 -1C -5-A Pre -Application Meeting. Process
7. Application: An application for a development agreement must be filed and reviewed in
compliance with section 9 -1C -5-B Application.
8. Approval Authority: The city council acts on development agreements.
9. Content of Development Agreement
a. Mandatory provisions: A development agreement entered into in compliance with this
zoning code must contain the mandatory provisions specified by Government Code
section 65865.2.
b. Permissive provisions: A development agreement entered into in compliance with this
zoning code may contain the permissive provisions specified by Government
Code section 65865.2.
10. Procedure:
a. Director Action:
L
The Director will receive, review, and process an application for a development
agreement. The Director may call upon all other departments of the city to assist
in the review and processing of a development agreement application.
June 25, 2019
Page 37 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
The Director will set the application, together with recommendations, far a public
hearing before the planning commission.
b. Planning Commission Action: The planning commission will serve as the planning
agency on development agreement applications in compliance with state law.
Public Hearing Required: Every application for a development agreement must be
set for a public hearing before the planning commission by the Director, pursuant
to section 9 -1C -5-D Public Hearings.
ii. Notice:
Notice
for a development
agreement
hearing
will occur pursuant to
section
9 -1C -5-E
Notice.
iii. Decision: After conducting a public hearing on any proposed development
agreement, the commission will take one of the following courses of action based
upon the findings specified in section 9 -1C -6-K-11 Findings of Fact: recommend
the city council approve the requested zoning development agreement,
recommend the city council conditionally approve the proposed development
agreement, or recommend the city council deny the requested development
agreement.
c. City Council Action: Upon receipt of the planning commission's recommendation, the
city clerk will set the application for public hearing.
i. Public Hearing Required: Every application for a development agreement must be
set for a public hearing before the city council pursuant to section 9 -1C -5-D Public
Hearings.
ii. Notice:
Notice
for a development
agreement
hearing
must occur pursuant to
section
9 -1C -5-E
Notice.
iii. Decision: After conducting a hearing on any proposed development agreement,
the city council will take one of the following courses of action based upon the
findings specified in subsection 9 -1C -6-K-11 Findings of Fact: approve the
requested development agreement, conditionally approve the proposed
development agreement, or deny the requested development agreement.
11. Findings of Fact: The city council may approve a development agreement only if all the
following findings of fact are made:
a. The development agreement is in conformance with general plan, and any applicable
specific plan, unless in the development agreement is approved in conjunction with
appropriate entitlements.
lune 25, 2019
Page 38 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecif1C Prncedurac
b. The development agreement would not be detrimental to the health, safety, and
general welfare of persons residing in the immediate area, nor be detrimental or
injurious to property or persons in the general neighborhood or to the general welfare
of the residents of Temple City.
c. If the development agreement includes a subdivision, the agreement must provide
that any tentative map prepared far the subdivision will comply with the provisions of
Government Code section 66473.7.
12. Execution and Recordation
a. The city will not execute any development agreement until on or after the date upon
which the ordinance approving the agreement and enacted pursuant to section 9 -1C-
6 -K-10 Procedure becomes effective.
b. An executed development agreement must be recorded in the office of the Recorder
of the County of Los Angeles no later than 14 days after it is executed.
13. Environmental Review: The approval or conditional approval of a development agreement
must be deemed a discretionary act for the purposes of CEQA.
14. Enforceability: Unless amended, canceled, modified, or suspended, as provided by this
section, a development agreement must be enforceable by parties included in the
agreement notwithstanding any change in the general plan, any applicable specific plan,
or other zoning, subdivision, or building regulation adopted by the city, which alters or
amends the rules, regulations, and policies of the development agreement.
15. Periodic Review:
a. Every development agreement approved and executed pursuant to this section will be
periodically reviewed, once every 12 months, during the term of the agreement
following the date of its execution.
b. If, as a result of periodic review pursuant to this section, the city council finds and
determinesI on the basis of substantial evidence, that the applicant or its successor in
interest has not complied in good faith with the terms or conditions of the agreement,
the city council may terminate or modify the agreement following a public hearing
pursuant to section 9 -1C -5-D Public Hearing and section 9 -1C -5-E Notice,
16. Amendment: A development agreement may be amended, or canceled in whole or in part,
by mutual consent of the parties to the agreement or their successors in interest following
a public hearing pursuant to section 9 -1C -5-D Public Hearing and section 9 -1C -5-E Notice.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
17. Modification or Suspension: If state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement will
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
18. Effect of Development Agreement: Unless otherwise provided by the development
agreement, rules, regulations and official policies governing permitted uses of the land,
governing density, and governing design, improvement and construction standards and
specifications, applicable to development of the property subject to a development
agreement, are the rules, regulations and official policies in force at the time of execution
of the agreement. A development agreement does not prevent the city, in subsequent
actions applicable to the property, from applying new rules, regulations and policies which
do not conflict with those rules, regulations and policies applicable to the property under
the development agreement, nor does a development agreement prevent the city from
denying or conditionally approving any subsequent development project application on
the basis of such existing or new rules, regulations and policies.
L. Bonuses and Concessions for Affordable Housing
1. Purpose: This section establishes procedures to implement state law as set forth in
Government Code sections 65915 to 65918 for affordable housing. The incentives in this
section are used by the city as a means of meeting its commitment to encourage the
provision of affordable housing to all economic groups living within the community.
2. Application: An application for any bonus or concession for affordable housing must be
filed with an application for a major site plan review.
3. Applicability: The provisions of this section apply onlyto multi -family residential and mixed-
use development projects consisting of five or more dwelling units not including units
granted as a density bonus.
4. Approval Authority: The city council acts on bonuses and concessions for affordable
housing and may, unless otherwise expressly stated in this section:
a. Approve the bonus or concession described in the application.
b. Deny the bonus or concession described in the application.
c. Approve one or more bonuses or concessions and deny one or more other bonuses
and concessions, if more than one bonus or concession is described in the application.
5. Public Hearing: A public hearing for an affordable housing bonus or concession will be held
pursuant to section 9 -1C -5-D Public Hearings.
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures -
Notice: Notice for an affordable housing bonus or concession public hearing must occur in
compliance with section 9 -1C -5-E Notice.
7. Post Decision Procedures:
Procedures
and requirements
of section 9 -1C -5-H Post Decision
Procedures will apply to an
affordable
housing bonus or
concession
8. Density Bonus for Affordable Housing
a. Eligibility: A density bonus will be granted only if an applicant seeks and agrees to
construct a development with at least one of the following attributes:
i. At least ten percent of the total dwelling units for lower income households, as
defined in section 50079.5 of the Health and Safety Code.
At least five percent of the total dwelling units forvery law -income households, as
defined in section 50105 of the Health and Safety Code.
Senior citizen housing, as defined in sections 51.3 and 51.12 of the Civil Code, or
mobile homes that limits residency based on age requirements for housing for
older persons pursuant to section 798.76 or 799.5 of the Civil Code.
v. At least ten percent of the total dwelling units in a common interest development,
as defined in section 4100 of the Civil Code, for persons and families of moderate
income, as defined in section 50093 of the Health and Safety Code, provided that
all units in the development are offered to the public for purchase.
lune 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
b. Allowance: The number of total dwelling units, not including units granted as a density
bonus, will be used in calculating the number of affordable dwelling units required for
a density bonus.
The density bonus for providing dwelling units affordable to low income
households will be calculated as follows:
Percentage
Low Income Units
Percentage
Density Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
ii. The density bonus for providing dwelling units affordable to very low-income
households will be calculated as follows:
Percentage
Very Low -Income Units
Percentage
Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
iii. The density bonus for providing dwelling units in common interest development
affordable to moderate income households will be calculated as follows:
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-iC-6: Specific Procedures:
Percentage
Moderate -Income Units
Percentage
Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
June 25, 2019
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ARTICLE C. Administration and Enforcement
9 -SC -6: Soecific Procedures:
iv. The density bonus for a senior housing development with 35 or more dwelling
units dedicated for occupancy by persons aged 55 and older and those residing
with them must be 20 percent.
v. Bonuses Not Combined: The density bonuses that are available to a development
under this section must not be combined.
c. Approval Authority: A density bonus is not considered discretionary; however, projects
that include a request fora density bonus will be subject to a major site plan review by
the city council and the hearing, noticing, appeal, and post decision procedure
requirements pursuant to Section 9 -1C -1-6-C [Major Site Plan Review].
9. Density Bonus for Donation of Land:
a. Eligibility: An applicant for a tentative subdivision map, parcel map, or other
residential development approval who donates land to the city or to the city -approved
affordable housing developer which is suitable for the development of dwelling units
affordable to very low-income households will be entitled to a bonus in residential
density for the entire development above the density otherwise allowable under this
zoning code and the land use element of the general plan.
b. Allowance: The density bonus for donation of land for development of dwelling units
affordable to very low-income households will be based on the number of such
affordable dwelling units that can be developed on the donated land as a percentage
of the otherwise maximum residential density allowed forthe development, calculated
as follows:
Percentage
Very Low Income
Percentage
Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
June 25, 2019
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ARTICLE C. Administration and Enforcement
9-1C-6: Specific Prnradurac
Percentage
Very Low Income
Percentage
Density Bonus
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
c. Bonuses May Be Combined: A density bonus for the donation of land may be combined
with a density bonus granted under section 9 -1C -6-L-9 [Density Bonus for Affordable
Housing], of this section up to a maximum combined density bonus of 35 percent.
d. Requirements for Density Bonus: The donation of land must meet all the following
requirements to be eligible for a density bonus:
i. The applicant must donate and transfer the land no later than the date of approval
of the final tract or parcel map, or application for the construction of residential
units.
ii. The developable acreage and zoning classification of the land being transferred
must be sufficient to permit construction of units affordable to very low-income
households in an amount not less than ten percent of the number of residential
units of the proposed development.
The transferred land must be at least one acre in size or of sufficient size to permit
development of at least 40 dwelling units, has the appropriate general plan
designation, is appropriately zoned for development as affordable housing, and is
or will be served by adequate public facilities and infrastructure.
iv. The transferred land must be subject to development standards that would allow
feasible development ofthe affordable units. No later than the date of approval of
the final subdivision map, parcel map, or of the residential development, the
transferred land must have all the permits and approvals, other than building
June 25, 2019
Page 45 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecific Procedures:
permits, necessary for development of the very low-income housing units on the
transferred land.
v. The transferred and and the affordable units must be subject to a deed restriction
approved by the city attorney ensuring continued affordability of the units,
consistent with section 9 -1C -6-L-15 [Enforcement of Affordability and Eligibility],
of this section.
vi. The land must be transferred to the city of Temple City or to a housing developer
approved by the city of Temple City.
vii. The transferred land must be located within the boundary of the proposed
development or, with approval of the City Council, within 1/4 mile of the boundary
of the proposed development.
viii. A bonus must not be granted unless a source of funding for the very low-income
units has been identified not later than the date of approval of the final parcel or
tract map or application for the construction of residential units.
10. Concessions and Other Incentives:
a. Eligibility and Allowance: An applicant who utilizes the density bonus provisions of this
section may request one or more concessions or other incentives as follows:
i. One concession or other incentive for developments that dedicate at least five
percent of the dwelling units for affordable occupancy by very low income
households, 10 percent of the dwelling units for affordable occupancy by low
Income households, or 10 percent of the dwelling units for affordable occupancy
by moderate income households when all of the units in the development are
available for sale to the public, including the affordable units.
ii. Two concessions or other incentives for developments that dedicate at least 10
percent of the dwelling units for affordable occupancy by very low income
households, 20 percent of the dwelling units for affordable occupancy by low
income households, or 20 percent of the dwelling units for affordable occupancy
by moderate income households when all of the units in the development are
available for sale to the public, including the affordable units.
Three concessions or other incentives for
developments that dedicate at least 15
percent of the dwelling units for affordable occupancy by very low income
households, 30 percent of the dwelling units for affordable occupancy by low
income households, or 30 percent of the dwelling units for affordable occupancy
lune 25, 2019
Page 46 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Proredurac
by moderate income households when
all
of the units in the
development are
available for sale
to the public, including
the
affordable units.
b. Types of
Concessions or Other Incentives:
An affordable
housing concession or other
incentive
must include
the following:
A modification in site development standards, zoning code requirements, or
architectural design requirements including, but not limited to, a reduction in
setback and square footage requirements and in the ratio of vehicular parking
spaces that would otherwise be required that results in identifiable, financially
sufficient, and actual cost reductions, provided the modified provisions meet the
minimum building standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section 18901) of Division
13 of the Health and Safety Code.
ii. Approval of mixed-use zoning if commercial, office, industrial, or other land uses
will reduce the cost of the residential development and if the commercial, office,
industrial, orother land uses are compatible with the residential development and
existing and planned development near the proposed mixed-use project.
iii. Other regulatory concessions or other incentives proposed by the city or the
applicant that result in identifiable, financially sufficient, and actual cost
reductions.
c. Decision and Findings of Fact: The city council must grant a concession or other
incentive requested by the applicant unless the city council makes a written finding,
based on substantial evidence, of any of the following:
i. The concession or other incentive is not required to provide foraffordable housing
costs, as defined in section 50052.5 of the Health and Safety Code.
ii. The concession or other incentive would have a specific adverse impact, as defined
n 65589.5 of the California Government Code, upon public health and safety or
the physical environment or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate -income households.
The concession or other incentive would be contrary to state or federal law.
June 25, 2019
Page 47 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Specific Procedures:
11. Waiver of Development Standards
a. Eligibility and Allowance: If compliance with a development standard would physically
preclude construction of a residential or mixed-use project utilizing a density bonus,
and any concession or other incentive pursuant to this section, the applicant may
submit a proposal for waiver or reduction of the development standard.
b. Findings of Fact: A waiver of development standard permit must be approved upon
making all the following findings of fact:
i. The
waiver or reduction in a
development standard is
required for construction of
the
development project at
the density to which the
project is entitled and with
all concessions
or other incentives
approved for the project.
ii. The waiver or reduction in a development standard will not have a specific adverse
impact on public health, public safety, or the physical environment, and will not
have an adverse impact on a property that is listed in the California register of
historical resources. A specific adverse impact is a significant, quantifiable, direct,
and unavoidable impact, based on objective, identified written public health or
safety standards, policies, or conditions as they existed on the date the application
was deemed complete.
iii. The waiver or reduction in a development standard is necessary because
application of the development standards would physically preclude construction
of a project utilizing a density bonus, concession or other incentive.
12. Child Daycare Center Bonus or Concession
a. Eligibility and Allowance: An application for a development project that complies with
the density bonus requirement of this section and includes a child daycare center that
will be located on the premises as part of the project, or at a location adjacent to the
project, may request one additional bonus or concession as follows:
i. Additional
net floor area for dwelling units
that is equal
to or greater than the net
floor area
in the child daycare center.
ii. A concession that contributes significantly to the economic feasibility of the
construction of the child daycare center.
b. Findings of Fact: A child daycare bonus or concession must be approved upon making
all the following findings of fact:
i. The bonus or concession would contribute significantly to the economic feasibility
of the construction of the child daycare center.
June 25, 2019
Page 48 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soecifir Prnradi,rac
The bonus or concession would not have a specific adverse impact on public
health, public safety, or the physical environment, and would not have an adverse
impact on a property that is listed in the California register of historical resources.
A specific adverse impact is a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was deemed
complete.
c. Conditions
of Approval:
The child daycare center
must comply with conditions of
approval as
follows:
Four
and more bedrooms:
i. The child daycare center must remain in operation fora period of time that is equal
to or longer than the period during which the dwelling units in the development
that are dedicated for affordable occupancy are required to remain affordable.
ii. Of the children who attend the child daycare center, the children from households
of very low income, low income, or moderate income must equal a percentage
that is equal to or greater than the percentage of dwelling units in the
development that are dedicated for affordable occupancy by households of very
low, low or moderate income. (Ord. 13-972)
13. Alternative Parking Standards
a. Eligibility and Allowance: An applicant that is entitled to a density bonus may request
the following alternative parking standards for the development:
Zero
to one bedroom: one
onsite parking space per
dwelling unit.
Two
to three bedrooms: two onsite parking spaces per dwelling unit.
Four
and more bedrooms:
two and one-half parking
spaces per dwelling unit
0.5 spaces per bedroom if a development includes at least 20 percent low income
units or 11 percent very low-income units and is located within one-half mile of a
major transit stop, as defined in subdivision (b) of section 21155 of the public
resources code, and there is unobstructed access to the major transit stop from
the development.
b. Affordable Rental Units: If a development consists solely of rental units, exclusive of a
manager's unit or units, with an affordable housing cost to lower income families, as
provided in section 50052.5 of the Health and Safety Code, then, upon the request of
the applicant, the maximum parking standard, inclusive of handicapped and guest
parking must not exceed:
June 25, 2019
Page 49 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Soeciflc Procedures:
i. 0.5 spaces per unit, if the development is located within one-half mile of a major
transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources
Code, and there is unobstructed access to the major transit stop from the
development.
0.5 spaces per unit If the development is a for -rent housing development for
individuals who are 62 years of age or older that complies with Sections 51.2 and
51.3 of the California Civil Code. The development must have either paratransit
service or unobstructed access, within one-half mile, to fixed bus route service that
operates at least eight times per day.
iii. 0.3 spaces per unit if the development is a special needs housing development, as
defined in Section 51312 of the Health and Safety Code. The development must
have either paratransit service or unobstructed access, within one-half mile, to
fixed bus route service that operates at least eight times per day.
c. If the total number of parking spaces required for the development is other than a
whole number, the number will be rounded up to the next whole number.
d. A development may provide onsite parking through tandem parking or uncovered
parking on the development site.
e. This section does not preclude the city from reducing or eliminating a parking
requirement for development projects of any type in any location.
f. If the city or an independent consultant has conducted an area -wide or jurisdiction -
wide parking study in the last seven years, the city may impose a higher standard not
to exceed the standard described in 9 -1C -61.14.a, based upon substantial evidence
found in the parking study that includes, but is not limited to:
I
. An analysis of parking availability
ii. Differing levels of transit access
Walkability access to transit services
iv. The potential for shared parking
v. The effect of parking requirements on the cost of market -rate and subsidized
developments
vi. The lower rates
of
car ownership for low- and
very -law
income individuals,
including seniors
and
special needs individuals.
June 25, 2019
Page 50 of 53
ARTICLE C. Administration and Enforcement
9-1C-6: Snecific PrnrPdurac
vii. The city must pay the costs of any new study and must make findings, based on a
parking study completed in conformity with this section, supporting the need for
the higher parking ratio.
14. Enforcement of Affordability and Eligibility: Before issuance of a building permit for a
development with a density bonus for provision of rental units affordable, as defined in
the Health And Safety Code sections 50053 and 50052.5, to low and/or very low income
households, a covenant or other document approved by the city attorney will be recorded
and must ensure that the dwelling units affordable to low and/or very low income
households are at all times rented or sold at a price affordable to such households with the
applicable income level for at least 55 years, all in a manner consistent with the applicable
provisions of Government Code section 65915(c).
15. Recapture of Financial Interest: A covenant or other document satisfactory to the city
attorney must be recorded before issuance of a building permit, which must ensure that
for -sale very low, low, or moderate income density bonus units are offered and initially
occupied by persons or families at a very low, low, or moderate income level, as defined in
section 50052.5 and 50053 of the state Health and Safety Code. Very low, low, or
moderate -income units may be offered for subsequent sale to an above very low, low, or
moderate -income purchaser; provided that the sale will result in a recapture by the city,
as follows:
a. Upon resale, the seller of the unit must retain the value of any improvements, the
down payment, and the seller's proportionate share of appreciation. The city will
recapture any initial subsidy and its proportionate share of appreciation.
b. The city's initial subsidy must be equal to the fair market value of the home at the time
of initial sale minus the initial sale price to the moderate -income household, plus the
amount of any down payment assistance or mortgage assistance. If upon resale the
market value is lower than the initial market value, then the value at the time of the
resale will be used as the initial market value.
c. The city's proportionate share will be
the ratio of the
city's initial
subsidy to the fair
market value of the home at the time
of initial sale.
d. The city's proportionate share must be used within five years for any purposes that
promote homeownership, as described in subdivision (e) of section 33334.2 of the
state Health and Safety Code,
June 25, 2019
Page 51 of 53
ARTICLE C. Administration and Enforcement
9-1C-7: Enforcement:
16. Ineligibility: An applicant will be ineligible for a density bonus or any other incentives or
concessions under this section if a housing development or condominium project is
proposed on any property that includes a parcel or parcels on which rental dwelling units
are or, if the dwelling units have been vacated or demolished in the five-year period
preceding the application, have been subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of lower orvery low income;
subject to any other form of rent or price control through a public entity's valid exercise of
its police power; or occupied by lower orvery low income households, unless the proposed
housing development replaces those units, consistent with California Government Code
section 65915(c)(3).
17. Forfeiture of Funds: Any individual who rents out a dwelling unit in violation of this section
will be required to forfeit all rents above the applicable affordable rate; and any individual
who sells a unit in violation of this section will be required to forfeit all profits from the sale
exceeding the difference between the sale price and the applicable affordable sales price.
Recovered funds must be deposited in a city fund that is intended to support development
of affordable housing in the community.
18. Implementation: The city manager or the city manager's designee may adopt
administrative procedures for implementation of this section.
9-1C-7: ENFORCEMENT:
A. Violations:
1. Any person violating the provisions or failing to comply with any of the requirements of
this zoning code will be guilty of a misdemeanor, except as specified in section 9-1C-6-1vi-
4 Infractions,
2. Any person convicted of a misdemeanor, under the provisions of this zoning code, will be
punishable by a fine of not more than $500.00, or by imprisonment in the city or county
jail for a period not exceeding six months, or by both such fine and imprisonment.
3. Each such person will be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this zoning code is committed, continued,
or permitted by such person and will be punishable accordingly.
4. In addition to the penalties herein provided, any condition caused or permitted to exist in
violation of any of the provisions of this code will be deemed a public nuisance and may be
abated in the manner provided by law as such. Every day such condition continues will be
regarded as a new and separate offense.
B. Abatement:
June 25, 2019
Page 52 of 50
ARTICLE C. Administration and Enforcement
9-1C-7: Enforcement:
1. Any building or structure erected, built, moved, maintained or used, including the use of
any property, contrary to the provisions of this zoning code following the effective date of
this zoning code is hereby declared to be unlawful and a public nuisance.
2. The city attorney must, upon order
of the city council, commence proceedings for
the
abatement and/or removal thereof,
in the manner provided
by law; the city attorney
will
take such steps as may be necessary
to abate and remove such
building, structure or
use
and restrain and enjoin any person
from erecting, building,
moving, or maintaining
any
such building or structure, or using any property contrary to
any of the provisions of
this
chapter.
C. Cumulative Remedies:
All remedies provided for in this chapter will be cumulative and not exclusive.
p. Infractions:
Pursuant to the provisions of Government Code section 36900, the city manager or other
designated city official may enforce the first and second violations of this code as "infractions",
while any subsequent violations will be deemed and enforced as "misdemeanors".
E. Infraction Assessment:
1. A violation
of any provisions of this
zoning code expressly enforced as
an infraction will
be
punishable
by a fine not to exceed
that allowable by California state
law, as set forth
by
city council
resolution.
2. Failure to pay any penalty assessment imposed pursuant to the provisions of this zoning
code will constitute a separate misdemeanor violation.
June 25, 2019
Page 53 of 53
ARTICLE D, NONCONFORIvIITIES
9-1D-1: GENERAL NONCONFORMING PROVISIONS:
A. Establishment of Legal Nonconforming Status:
1. The provisions of this Article will regulate the continuation, termination, and modification
of lots, structures, and uses which were lawfully established, but which no longer
conform to the provisions of this Zoning Code due to a change in zone boundaries or a
change in the regulations for the zone in which it is located. A mere change in ownership
or tenancy without any change in use, occupancy, or development will not affect any of
the legal nonconforming rights, privileges, and responsibilities provided under this
Article.
2. Lots, structures, and uses not having previously acquired proper permits are illegal and
subject to immediate abatement.
3. Any nonconforming situation that becomes specifically authorized under the terms of
some approval pursuant to this Zoning Code, other than approval of an extension,
expansion, change, or early termination of nonconformity, will henceforth be governed
by the terms of such approval and will no longer be considered to be a nonconformity
unless and until such approval expires or is revoked.
B. Continuation and Maintenance:
1. Continuation: Except as otherwise provided herein, any lot, structure, or use legally in
place on the effective date of any ordinance creating the nonconformity may continue as
a legal nonconforming lot, structure, or use, respectively.
2. Maintenance: Routine maintenance and repairs of lots and structures which do not
increase the nonconformity may be performed.
C. Determination, Extension, and Abatement Procedures:
1. Authority: The Planning Manager will be the designated Review Authority far determining
that a lot, structure, or use is nonconforming, and the Planning Commission will be the
designated Review Authority for action on the abatement procedures and extensions of
the nonconforming lots, structures, or uses.
2. Notice and Hearing: Once the Planning Manager has determined that a lot, structure, or
use is nonconforming, the Planning Manager will provide required notice for hearing and
action by the Planning Commission. The purpose of the hearing is to determine whether
the nonconformity should be abated, given a specific term prior to abatement, or
June -25, 2019
Page 1 of 7
ARTICLE D. Nonconformities
9-1D-2: Nonconforming Lots:
granted a time extension. Notice and hearing will be performed and conducted pursuant
to Sections 9 -1C -5-D (Public Hearings) and 9 -1C -5-E (Hearings).
3. Decision and Findings: The Planning Commission will base its decision as to the length of
the permitted amortization period on any competent evidence presented, included but
not limited to the depreciation schedule attached to the owner's latest federal income
tax return. Findings will be made as to whether or not the balancing of the public interest
and the request by the owner for continuance, alteration, or expansion of the
nonconformity of the subject property requires a deviation from the City's development
standards. Findings will be made in writing and provided to the property owner within 10
days after the decision is rendered.
4. Appeal: Actions taken by the Planning Commission may be appealed to the Council in
accordance with provisions of Section 9 -1C -5-G (Appeals).
5. Extension of Time: The Review Authority, at its discretion, may grant an extension of time
for the abatement of a nonconformity where it finds that an unreasonable hardship
would otherwise be imposed on the property or business owner.
6. Revocation of Nonconforming Use or Structure: The City may revoke the right to
continue a nonconforming use or structure. Revocation procedures, including notice and
hearing, will be in accordance with the provisions of Section 9 -1C -5-H-8 (Permit
Modifications and Revocations section).
7. No Reversion to Nonconformance: When any nonconformity is eliminated or brought
into conformance with the current regulations of this zoning code, the nonconforming
rights and privileges with respect to that nonconformity are terminated and will not be
restored.
9-1D-2: NONCONFORMING LOTS:
A. Continuation of Legal Nonconforming Lots: Any lawfully created lot which becomes
nonconforming with regard to lot area, street frontage, lot width, lot depth, or accessibility
may continue indefinitely with such nonconformity and may be developed and used as if it
were a conforming lot.
B. Modification of Legal Nonconforming Lots: Legal nonconforming lots may not be modified in
any manner that increases the degree of nonconformity. Where feasible, parcel
modifications (through lot merger or lot line adjustment) are encouraged to eliminate or
minimize the degree of nonconformity.
9-1D-3: NONCONFORMING STRUCTURES:
A. Continuation of Legal Nonconforming Structures:
June 25, 2019
Page 2 of 7
ARTICLE D. Nonconformitles
9-1D-3: Nonconforming structures:
1. Continuation of Structure: Any legally established nonconforming structure that does not
conform to the provisions of this Zoning Code with regard to maximum permitted height,
minimum required setback, lot coverage, floor area ratio, and/or maximum permitted
encroachment into required yard areas may be continued indefinitely.
2. Exceptions: The following are the exceptions to the indefinite continuation of a legal
nonconforming structure:
a. Residential Structures:
Any increase
in the number of residential
units for buildings
designed and occupied
for residential
use will be prohibited.
b. Utilities: Any new or replacement utility/mechanical facilities, equipment, or
construction will conform to the maximum extent feasible, as determined by the
Planning Manager.
c. Encroachments in Commercial Zones: Within the commercial zones, any
nonconforming encroachment into required yards may be required to be removed or
reduced upon review by the Review Authority when an expansion in floor area which
is greater than 50 percent of the existing floor area is proposed for any structure
maintaining a nonconforming encroachment; or when an expansion in floor area is
proposed anywhere within an integrated development which is greater than 50
percent of the total floor area of all structures within the integrated development.
d. Trash Facilities, Outdoor Storage, And Display: Trash areas or facilities, outdoor
storage areas, and outdoor display areas will be made fully conforming at the time of
any expansion or intensification of use on the site.
3. Modification or Expansion of Legal Nonconforming Structure:
a. A legal nonconforming structure will not be modified in a manner that expands,
extends, or enlarges the use in any manner beyond its existing scope upon the date
the nonconformity was created, except as follows:
i. The modifications are, in and of themselves, in conformance with the provisions
of this Zoning Code.
The modifications are limited to minor alterations, improvements, or repairs that
do not increase the degree of nonconformity present and do not constitute or
tend to produce an expansion or intensification of a nonconforming use.
The modifications are required by other laws.
v. The modifications are incidental to the public acquisition of a portion of a site, no
greater degree of nonconformity will be created other than that caused as a
result of the public acquisition, and the changed development will conform to
current regulations to the maximum extent feasible.
June 25, 2019
Page 3 of 7
ARTICLE D. Nonconformities
b. No change made to any development or use will be construed as automatically
permitting an extension of any time limit for the termination of a nonconformity.
4. Destruction of Legal Nonconforming Structure: A nonconforming structure(s)
involuntarily damaged or partially destroyed by fire, act of nature, or act of a public
enemy may be repaired or rebuilt and re -occupied only as follows:
a. If the cost of repairing or replacing the damaged portion of the structures) does not
exceed 50 percent of its appraised value, based on an appraisal which was prepared
within the last 12 months by a licensed appraiser, the structure may be restored,
provided the reconstruction meets current Building Code requirements and the
reconstruction begins within 12 months of the date of damage, unless otherwise
allowed by the Planning Manager, and is diligently pursued to completion.
b. If the cost of repairing or replacing the damaged portion of the structures) does
exceed 50 percent of its appraised value as determined by an appraisal which was
prepared within the last 12 months by a licensed appraiser, the structure may not be
restored.
c. Discontinuance of Legal Nonconforming Structure. If any legal nonconforming
structure is abandoned or the use thereof discontinued for a period of 180
consecutive days or more, subsequent development of the land will be in conformity
with the provisions of this Zoning Code. Maintenance of a valid business license will
of itself not be considered a continuation of the use.
d. Off -Site Relocation. When a structure is relocated to another lot, it will be made
conforming in all respects with the provisions of this Zoning Code and all other
applicable laws and regulations.
9-1D-4: NONCONFORMING USES:
A. Continuation of Legal Nonconforming Uses: Except as otherwise listed below, a legal
nonconforming use may continue indefinitely.
1. Nonconforming, single-family uses south of Lower Azusa Road and west of Ellis Lane and
east of Linden Lane which are zoned as Low Mixed Use but are developed with single-
family uses are considered nonconforming uses and may continue on the property until a
development plan for the property consistent with the General Plan designation of the
property is approved. Existing R-1 structures may be repaired and reestablished if
damaged subject to compliance with standards provided in the R-1 Zone.
2. Nonconforming multi -family uses in the R-1 zone may not add additional units to the
property. Additional living area may be expanded far units of non -conforming multi-
family.
June 25, 2019
Page 4 of 7
ARTICLE D. Nonconformities
9-10-5: Other Specific Nonconforming Provisions
3. Nonconforming use eligible for Conditional Use Permit or other approval. Any
nonconforming use that is eligible to be considered for a Conditional Use Permit or other
discretionary approval under this Zoning Code is considered a nonconforming use unless
and until such permit or other such approval is granted.
B. Modifications and Extensions to Legal Nonconforming Uses:
1. A legal nonconforming use will not be modified in any manner that expands, extends, or
enlarges the use beyond its existing scope upon the date the nonconformity was created,
except as specified below.
a. The changes are limited to minor alterations, improvements, or repairs that do not
increase the degree of nonconformity present and do not constitute or tend to
produce an expansion or intensification of a nonconforming use.
b. The changes are required by other laws.
c. The changes are incident to the public acquisition of a portion of a site, no greater
degree of nonconformity will be created other than that caused as a result of the
public acquisition, and the changed development will conform to current regulations
to the maximum extent feasible.
2. No change made to any development or use will be construed as automatically
permitting an extension of any time limit for the termination of a nonconformity.
C. Discontinuance of Legal Nonconforming Use:
1. If any legal nonconforming use is discontinued for a period of 180 consecutive days or
more, subsequent use of the land will be in conformity with the provisions of this Zoning
Code. Maintenance of a valid business license will of itself not be considered a
continuation of the use.
2. This section will
not apply to any use
for which
a
different period of discontinuance or
abandonment is
specified under other
provisions
of
this Zoning Code.
9-1D-5: OTHER SPECIFIC NONCONFORMING PROVISIONS
A. Nonconformities Regarding Parking and Loading:
1. Parking Spaces and Improvements: A use that does not conform with the parking
standards of the zoning district in which it is located will not be deemed a nonconforming
use solely for these reasons.
2. Loading Spaces: Any nonconformity with respect to loading areas may continue
indefinitely, except that with any change, expansion, or intensification of use, the
June 25, 2019
Page 5 of 7
ARTICLE D. Nonconformities
9-1D-5: Other Specific Nonconforming Provisions
additional loading areas required for such change, expansion, or intensification will be
fully conforming.
3. Parking Lot Landscaping: upon a review for any expansion, intensification, or
reconfiguration of an existing parking lot, the designated Review Authority may require
that any nonconformity with respect to interior landscaping and landscaped yards along
streets and alleys for parking lots be made conforming to the fullest extent feasible.
B. Nonconformities Regarding Garages:
1. Any lawfully created use that becomes nonconforming with regard to garages, including
but not limited to the number of parking spaces, may continue indefinitely with such
nonconformity if such use continues as permitted. However, upon any change in land
use, occupancy, or expansion of the use or structure, adequate off-street parking will be
provided in conformance with the requirements set forth in Article E. Off -Street Parking
and Loading.
2. Garages that have illegally converted to habitable rooms are strictly prohibited. This
section does not apply to legal accessory dwelling units.
C. Nonconformities Regarding Landscaping; Any lawfully created use that becomes
nonconforming with regard to landscaping, including, but not limited to, site coverage,
parking lot coverage, distribution, installation, or maintenance, may continue indefinitely
with such nonconformity if such use continues as permitted. However, upon performing any
improvements to the lot exceeding 50 percent of the total appraised value of the existing
property, as determined by a licensed appraiser, landscaping will be provided in conformance
with the requirements set forth in Title 9, Chapter 1 (Zoning Code).
D. Nonconformities Regarding Fencing Materials
1. Legally established nonconforming fencing material will be allowed to continue. Where
the nonconforming fencing material is to be replaced with a new fencing material, it will
be subject to the requirements in the zoning district sections. However, any legal
nonconforming chain-link fencing in residential zones will be subject to abatement within
one year of the date that such materials were rendered nonconforming.
2. Any fences and landscaped buffers that are required along property lines will be provided
at the time of any expansion or intensification of a nonresidential use.
E. Nonconformities
Regarding Signs: Legally established
nonconforming signs
will be allowed to
continue, subject
to the compliance with Section 9-1F-16
(Nonconforming
Signs).
F. Nonconforming Environmental Effects:
lune LS, 2019
Page 6 of 7
ARTICLE D. Nonconformities
9-1D-5: Other Specific NonConforming Provisions
1. Off -Site Impacts: Any nonconformity with respect to environmental effects upon
surrounding property (such as lighting or noise) will be made conforming within three
years after the date of becoming nonconforming.
2. On -Site Impacts: Any nonconformity with respect to an environmental effect upon the
premises where the source of the effect is located may continue indefinitely.
G. Nonconformities Regarding Safety and Access:
1. Corner Cutback Areas: Nonconforming obstructions to the required clear visibility
triangle, including landscaping, fencing, walls, signage, artwork, and similar features but
specifically excluding buildings, will be removed or made conforming within one year
after the date of becoming nonconforming. See Section X (Corner Cutback Areas).
2. Access: Nonconforming driveways or other vehicular access arrangements may continue
indefinitely, except that with any expansion or intensification of use, the access serving
such expansion or intensification will be made fully conforming.
H. Nonconformities Not Requiring Capital Expenditure or Loss to Conform: Notwithstanding any
other provision of this Chapter, any nonconformity which can be made conforming without
requiring that a capital expenditure be made, or a capital loss incurred, will be made
conforming within one year after the date of becoming nonconforming.
lune 25, 2019
Page 7 of 7
ARTICLE E. OFF-STREET PARKING AND LOADING
9 1E-1: PARKING SPACES REQUIRED:
A. Off -Street Parking Space Requirements:
1. Unless off-street parking reductions are allowed in compliance with the zoning code, off-
street parking spaces will be provided in compliance with Table 9-1E-1, Off -Street Parking
Requirements. These standards will be considered the minimum and maximum required
to preserve the public health, safety, and welfare of the community. An increase or
decrease in the parking requirements may be determined circumstances where these
requirements are inadequate for a specific project. These cases will be determined through
a parking study as outlined in this Article.
2. Calculation/rounding of quantities. When the calculation of the required number of off-
street parking spaces results in a fraction greater than or equal to 0.50 of a space, the total
number of spaces will be rounded up to the nearest whole number. If the fraction is less
than 0.50 of a space, the total number of spaces will be rounded down to the nearest
whole number. For multiple uses, the parking number should be added together after
rounding.
B. Uses Not Listed: The number of parking spaces required for uses not specifically listed in Table
9-1E-1 will be determined by the Planning Manager based on common functional, product, or
compatibility characteristics and activities with the uses listed in Table 9-1E-1.
C. Parking Requirement Determined by Parking Study: In the event the proposed land use is for
a multi -tenant development, a mixed use development, a use in the Downtown Core zone
utilizing public parking, or involves a Specific Plan or Planned Development Permit, the
Planning Manager may authorize the preparation of a parking study to determine the required
number of parking spaces as an alternative to the number of off-street parking as outlined in
Table 9-1E-1 and other applicable provisions of this Article, subject to the following conditions:
1. Parking determined by a parking study will be approved, modified and/or denied by the
Commission pursuant to a conditional use permit as authorized and processed under the
provisions of this Article.
2. The City has the right to select a consultant, which will be paid for by the applicant.
3. The study will have been undertaken and completed by a traffic engineer registered by the
State of California and will bear the stamp of that engineer.
lune 2S, 1019
Page 1 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parking Spaces Required:
D. Multiple Tenants - Commercial Sites: Except as otherwise provided in this Article, for each
separate use, a site with multi -tenants, or a combination of principal uses in any one facility,
the development will provide the aggregate number of parking spaces required for each
separate use, unless a parking study has been prepared and approved pursuant to this Article
or except as provided for in Off -Site Shared Parking.
E. Mixed -Use with Residential:
1. The number of parking stalls will be as outlined in Table 9-1E-1.
2. Any required guest parking for
the
residential uses may be
provided through the required
commercial parking, so long as
it is
not time restricted and
allowed overnight.
3. The parking for the residential use which is required to be in a fully enclosed garage
pursuant to Table 9-1E-1 may be provided within an underground or aboveground parking
structure rather than a garage.
4. Except for guest parking,
parking for
the residential uses will
be provided and maintained
separate and secure from
the on-site
commercial parking.
Residential Uses
F. Off -Street Parking Space Requirements: The following minimum and maximum number ofoff-
street parking spaces will be provided as indicated in Table 9-1E-1 for each of the following
uses.
Table 9-1E-1
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
Bicycle
Residential Uses
Dwelling, Artist studio/live work unit
1 per 333 sq.
ft
Group living (6 or less residents)
2 spaces per
unit
Dwelling, Multi -family
2 per unit
2 per 5
& 1 guest
units
space per
5 units for
guests
lune 25, 2019
Page 2 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parkine Snares RPnitirPd
Table 9-1E-1
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
Bicycle
Dwelling, Multi -family within Mixed -Use development
1.5 per unit
2 per unit &
2 per 5
& 1 guest
1 guest
units
space per
space per
10 units
10 units
Dwelling, Single-family
2 spaces per
unit in a
garage
Accessory Dwelling Unit
See Section 9-
1T-13
lune 25, 2019
Page 3 of 25
ARTICLE E: Off -Street Parking and Loading
9-5E-1: Parking Spaces Required:
Table 94E-1
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
BicyCle
Public and Institutional Uses
Business/trade/vocational school
1 per 285
125% of
1 per 1,250
sq. ft. & 2
minimum
sq. ft.
drop off
spaces
Church, temple, and
1 per 5
125% of
1 per 1,250
other places of worship
fixed seats
minimum
sq. ft.
or 1 per 50
sq. ft.
College/university
1 per 3
125% of
1 per 2
students &
minimum
students &
1 per 3
1 per 10
employees
employees
Community center
1 per 400
125% of
1 per 1,250
sq, ft.
minimum
sq. ft
Daycare, adult
1 per 500
125% of
1 per 10
sq. ft.
minimum
employees
Child daycare, large (8 - 14 children)
1 per 500
125% of
1 per 10
sq. ft.
minimum
employees
Government offices
1 per 333
125% of
1 per 1,250
sq. ft.
minimum
sq. ft.
Library or museum
1 per 500
125% of
1 per 1,250
sq. ft.
minimum
sq. ft.
Lodges, social clubs, senior citizen or youth center
1 per 100
125% of
1 per 1,250
sq. ft.
minimum
sq. ft.
Pre-school (private)
Set by CUP
Set by CUP
Set by CUP
Elementary or middle school
1 parking
space for each
employee and
June 25, 2019
Page 4 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parking Spaces Required:
Table 9-1E-1
one
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
Bicycle
each faculty
member.
High school
1 parking
space for each
5 students and
1 parking
space for each
faculty
member and
employee.
Commercial Uses
Auto -Oriented Businesses
Automobile repair and specialty maintenance shops
1 per 250
square feet.
Automobile, RV, trailer and/or boat sales (new or
1 per 1,000
used)
square feet.
Car Wash
2 spaces per
1,000 sq. ft.;
shared parking
is allowed
without a
minor
conditional
use permit.
Fuel/service station
1 per 200 sq.
ft. of office &
1 per service
bay
Office
Professional services (such as accounting, advertising,
1 per 250
125% A�of
1 per 2,500
architecture, artist studio, bookkeeping, business
sq. ft.
minimum
sq. ft.
headquarters, computer programming, consulting,
contracting, engineering, insurance, law, marketing,
photography, professional care providers, psychiatry,
psychology, real estate, tax preparation)
Office, General
1 per 250
of
1 per 2,500
sq. ft.
[12i!%
nimum
sq. ft.
25, 2019
Page 5 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parking Spaces Required:
Table 9-1E4
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
Bicycle
Office, Medical, Chiropractic or acupuncture
1 per 200
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Veterinary clinic, general services, and animal care
1 per 333
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Personal Services
Bank or financial institution
1 per 250
125% of
1 per 2,500
sq. ftr
minimum
sq. ft.
Personal services (barber/beauty shop, diet/nutrition
1 per 333
125% of
1 per 2,500
center, locksmith, mailbox rental, nail/manicure shop,
sq. ft.
minimum
sq. ft.
bicycle sales/repair, tailor, shoe repair, tanning salon,
travel agent)
Health/Wellness club, gym, studio, or indoor
1 per 200 for
125% of
1 per 2,500
recreation
large scale
minimum
sq. ft.
clubs
1per 333 sq.
for small
studios
Laundromat/Dry Cleaners - except
1 per 333
125% of
1 per 2,500
central cleaning facilities
sq. ft.
minimum
sq. ft.
Tattoo parlor
1 per 333
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Art or Music Studio
1 per 100 sq.
125% of
ft. of
minimum
instructional
area
Tutoring Facility
1 per 250
125% of
1 per 2,500
sq. ft,
minimum
sq. ft.
Restaurant & Food Service
June 25, 2019
Page 6 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parkine Soaces Reaulrad
Table 9-1E4
Off -Street Parking Requirements
Use Type
Auto Min.
Auto Max
Bicycle
Banquet facility
1 per 100
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Bar/Lounge
1 per 100
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Restaurant (with or without ancillary alcohol services)
1 per 100
125% of
1 per 2,500
sq, ft.
minimum
sq. ft.
Restaurant, fast food
Up to
125% of
1 per 2,500
1,500 sq. ft:
minimum
sq. ft.
1 per 250
sq. ft.
1,501 to
1,999: 1
per 250 sq.
ft. & 3 per
each 100
sq. ft. in
excess of
1,500. Max
of 20.
2,000 or
more: 1 per
100 sq. ft.
Restaurant with dancing and/or other entertainment
1 per 100
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Restaurant with drive through facility
1 per 100
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Retail
Bridal Shop
1 per 333
125% of
1 per 2,500
sq. ft4
minimum
sq. ft.
Flower or newspaper stand - not accessory to another
1 per 333
125% of
1 per 2,500
use
sq. ft.
minimum
sq. ft.
June 25, 2079
Page 7 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-1: Parking Spaces Required:
Table 94E-1
Off -Street Parking Requirements
Use Type Auto Min. Auto Max Bicycle
Public market / specialty retail food store (with or
1 per 333
125% of
1 per 2,500
without ancillary seating)
sq. ft.
minimum
sq. ft.
Retail sales (under 6,000 sf)
1 per 333
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Retail sales (6,000 - 90,000 sf)
1 per 333
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Retail sales (90,000 - 150,000 sf)
1 per 250
125% of
1 per 2,500
sq. ft.
minimum
sq. ft.
Retail sales (above 150,000 sf)
1 per 250
125% of
1 per 2,500
sq. ft
minimum
sq. ft.
Industrial
Manufacturing and Assembly
1 per 1000 sq.
150% of
ft.
minimum
Warehouse
1 per 1,500 sq.
150% of
ft.
minimum
Wholesale
1 per 1000 sq.
150% of
ft.
minimum
Other
Cinema/multi-plex or stage theater
r 5
125% of
1 per 2,500
:Tfixed
seats
minimum
sq. ft.
Arcade/Internet Cafe/Electronic Gaming
r 2
125% of
machines
minimum
Karaoke
1 per 100 sq.
125% of
ft.
minimum
Hospital/medical facility
3 per bed
125% of
2 per 2,500
minimum
sq. ft.
Hotel/motel
1 per room
125% of
3 per 2,500
minimum
sq. ft.
June 25, 2019
Page 8 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parking Snara Stanri�Mc.
G. Building Regulations: Concessions regarding off street parking requirements or site
development standards will not include building regulations adopted pursuant to this code or
that are otherwise imposed by state or federal law.
H. Authority: The city retains exclusive authority to enter into a parking concession agreement.
The city may choose to enter or reject a parking concession agreement based on an
individualized analysis of the off-site parking facility at issue.
9-1E-2: PARKING SPACE STANDARDS:
A. Minimum dimensions for parking spaces are shown in Table 9-1E-2.
Table 9-1E-2
Off -Street Vehicle Parking Space Dimensions
Size of Parking Stall (min.) Aisle Width
Width Length One-way Two-way
Standard Dimensions
Parallel
9 ft.
24 ft.
13 ft.
20 ft.
30 -Degree
9 ft.
17 ft.
15 ft.
20 ft.
45 -Degree
9 ft.
19 ft.
18 ft.
22 ft,
60 -Degree
9 ft,
20 ft.
25 ft.
26 ft.
90 -Degree
8 ft., 6 in.
18 ft.
-- 1
25 ft.
Compact
8 ft.
15 ft.
See Standard Dimensions
Tandem (1 space)
10 ft.
20 ft.
See Standard Dimensions
Residential Garage
10 ft.
20 ft.
Motorcycle
4 ft.
7 ft.
Bicycle
B. Vertical Obstructions: The width of all parking spaces must comply with the minimum
equirements of this Section and provide a minimum of one foot of additional clearance on
each side of the parking space next to a vertical obstruction exceeding six inches in height.
'One-way aisles are prohibited for 90 -degree parking.
e LJ, LUl
Page 9 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parking Space Standards:
C. Driveway Width: All driveways must meet the minimum and maximum widths shown in Table
9-1E-3. For single family houses, the maximum driveway width is limited to 8 feet when a one
car garage is located at or near the front setback or the garage is located to the rear of the lot
and 20 feet when a two car garage is located at or near the front setback.
Table 9-1E-3
Driveway Widths
Driveway Width (feet)
Min.
Max.
Single Family Residential
8 ft.
10 ft. — 20 ft.
Multi -family Residential
Lots with two units
10 ft.
16 ft. (12 ft. of hardscape)
Lots with 25 or fewer spaces
10 ft.
Lots with 26 or more spaces
One-way
10 ft.
Two-way
20 ft.
Non -Residential
Lots with 14 or fewer spaces
12 ft.
Lots with 15 or more spaces
One-way
12 ft.
Two-way
20 ft.
D. Residential Driveway Requirements:
1. All driveways will be clear and unobstructed far a height of 12 feet above ground.
2. Driveways must lead to an approved off-street parking structure, garage or carport. Where
driveways no longer lead to an off-street parking structure, garage or carport, the driveway
approach, curb and gutter will be replaced to match the adjacent improvements to the
satisfaction of the City Engineer and the paved parking surface will be replaced with
landscaping.
3. Automobiles, recreational vehicles, boats, trailers, or similar vehicles parked in any front
yard area of any R zoned lot must be parked on a paved driveway area leading directly to
a legal parking area or garage.
lune 25, 2019
Page 10 of 25
ARTICLE E: Off -Street Parking and Loading
9-5E-2: Parkine Snares stanaara<
4. Recreational vehicles, boats, trailers, or the like must not be parking in the front yard
setback area for a period of more than 1 week.
5. Recreational vehicles, boats, and the like more than 6.5 feet in height and stored in a
driveway behind the front yard setback must be screened with a six-foot fence or gate.
6. A circular type driveway may be constructed provided:
a. The lot on which the circular driveway is proposed is at least 90 feet in width;
b. On lots with more than one street frontage, the circular driveway is located on the
street frontage which is 90 feet or greater;
c. The lot on which the driveway is proposed is in the R-1 zone;
d. The driveway has, or connects with a driveway which has, direct access to a legal
parking area or structure;
e. The entire width of the driveway, at some point thereon, is located entirely behind the
required setback area;
f. The driveway does exceed the requirements found in Table 9-1E-3;
g. There is a minimum of 30 feet of full height curb between the two driveway
approaches, measured at their nearest points.
7. R-1 zoned properties or properties with single-family uses along Temple City Boulevard,
Rosemead Boulevard, Baldwin Avenue, Santa Anita Avenue, streets where the posted
maximum speed limit is 35 miles per hour or greater, or other locations as determined by
the community development director, where the existing garage and driveway location
makes it infeasible for a vehicle to enter the street in a forward facing direction may
provide a turnaround area nine feet in width, 12 feet in depth, and with four -foot right
triangles adjacent to the turnaround area and the driveway (see diagram below labeled
"Turnaround Area Diagram").
a. The paving in the turnaround area shall be decorative concrete pavers, turf block, or
similarly high-quality options approved by the community development director.
b. This turnaround area shall not be used for vehicular parking.
c. The turnaround area shall not be combined with walkways in such a manner as to allow
for the creation of a parking space sized area in the front yard.
June 25, 2019
Page 11 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parkins: Soace Standards:
d. Properties where new development is proposing a garage in the rear shall provide a
turnaround area in the rear portion of the lotto limit the amount of paving in the front
yard.
Turnaround Area Diagram
lune 25, 2019
Page 12 of 25
I
I
I
I
I
I
I
8. Residential Backup Space: The backup space for single-family uses shall be a function of
the width of the garage door opening. The backup dimension shall comply with the
requirements in Table 9-1E-4, "Minimum Backup Dimension and Garage Door Width", of
this section. For the purposes of this section, "garage door width" shall be defined as the
clear opening between structural elements. The measurement for backup space shall
follow the "Minimum Backup Dimension and Garage Door Diagram", of this section. The
backup space for a single-family use may protrude into the sidewalk and parkway portions
of the public right of way, but not the street.
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parkina Space Standards:
Table 9-1E-4
MINIMUM BACKUP DIMENSION AND GARAGE DOOR WIDTH
2 Spaces
1 Space
Minimum Backup Dimension
20 feet
12 feet
20 feet
19 feet
10 feet
22 feet
18 feet
9 feet
24 feet
16 feet
8 feet
28 feet
Minimum Backup Dimension and Garage Door Diagram
E. Non -Residential Driveway Requirements:
1. Driveway widths will be a minimum of 16 feet and a maximum of 30 feet.
2. Where separate driveways are provided for ingress and egress, the minimum width for
each will be 12 feet and the maximum width for each will be 20 feet, and the direction of
travel will be clearly indicated on the site by permanent identification.
June 25, 2019
Page 13 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parking Space Standards:
3. All driveways will be clear and unobstructed for a height of 12 feet above ground.
4. Driveways must lead to an approved parking lot, off-street parking structure, garage or
carport. Where driveways no longer lead to an off-street parking structure, garage or
carport, the driveway approach, curb and gutter will be replaced to match the adjacent
improvements to the satisfaction of the City Engineer and the paved parking surface will
be replaced with landscaping.
5. The minimum separation distance of any two driveways not on the same property will be
20 feet. For two-way driveways on the same property, the minimum distance will be 50
feet.
6. All driveway access will be from a dedicated street or alley. When alley access available,
the access must be taken from street unless approval is granted by the Director.
7. On sites
with less than 80 feet of frontage, no more than one driveway
will
be permitted.
On sites
with 80 feet or more of frontage, additional driveways may be
approved
through
the Site
Plan and Design Review process. On sites that front arterial streets
with less than
200 feet
of frontage, no more than one driveway will be permitted. On
sites
with 200 feet
or more
of frontage, additional driveways may be approved through
the
Site Plan and
Design Review
process.
F. Parking Lot Location:
1. Except as
otherwise allowed
herein, all required
off-street parking spaces will
always be
accessible
from a street.
2. All required off-street parking spaces will be located on the same lot or within the same
development as the use and/or development requiring such spaces, except where off-site
parking is provided as outlined in Section 9-1E-6 Subsection B, Off-site Shared Parking,
G. Entrance Driveway and Parking Grades:
1. Driveways will not exceed a maximum grade of plus 12 percent or minus 6 percent
measured along the driveway centerline, unless approved by City Engineer. Where there
is a change in the slope of the driveway, it will be demonstrated that vehicles will be able
to pass over the change in slope without interference with the vehicle's undercarriage.
2. Parking spaces and abutting access aisles will have a maximum grade of five percent,
measured in any direction.
H. Compact Parking:
lune 25, 2019
Page 14 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-2: Parking Space Standards:
1. A maximum of 15 percent of non-residential off-street parking spaces may be compact car
parking spaces.
2. Existing parking lots or properties with approved compact parking spaces can remain.
Compact parking spaces may remain if the parking lot is restriped.
3. Compact parking spaces will be distributed throughout the parking lot, with a maximum of
four spaces in any one location. Where compact parking is provided strictly for employee
parking, all such parking may be in a single area of the parking lot.
4. For developments characterized by distinct, segmented parking areas, the maximum
allowed percentage of compact stalls will apply to each area or segment of the parking lot.
Compacts spaces will not be located adjacent to retaining walls or other formidable
barriers which prevent adequate vehicle overhang.
5. Each compact space will be clearly labeled "COMPACT." Signs may be painted on the
pavement or curb and will be a minimum of one -foot high letters when painted on the
pavement or six-inch high letters when painted on the curb.
I. Tandem Parking for Residential:
1. For multi -family development projects, tandem spaces will not constitute more than 30
percent of all required spaces within a development and will be allowed only for studio,
one- and two-bedroom units.
2. Tandem spaces must be assigned to the same residential unit.
3. Each required parking space in a garage must be no less than 10 feet wide and 20 feet long.
Tandem parking can be used for the third and additional parking spaces.
4. The minimum dimensions for a tandems ace
will be as provided in Table 9-1E-2. Adequate
maneuvering room for both vehicles and pedestrians will be provided around the tandem
spaces as necessary
1. Tandem Parking for Non -Residential:
1. For non-residential development projects, no more than 75 percent can be two tandem
spaces and 50 percent can be three tandem spaces. A full-time attendant on duty will be
required.
2. The minimum dimensions for a tandem space will be as provided in Table 9-1E-2. Adequate
maneuvering room for both vehicles and pedestrians will be provided around the tandem
spaces as necessary.
June 25, 2019
Page 15 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-3: Landscape Standards for Parking''
K. Markings of Spaces:
1. All signing and striping installations will be in conformance with the City's current standards
or as otherwise deemed necessary by the City Engineer to ensure safe and efficient traffic
flow in or about any parking facility. Painted curbs (i.e, loading, passenger drop-off), cannot
constitute a required parking space.
2. Vehicular parking spaces will be clearly outlined with four -inch wide lines painted on the
surface of the parking facility. Compact and carpool spaces will be clearly identified for
compact vehicle and carpool usage respectively.
3. Parking spaces forthe disabled will be striped and marked according to the applicable state
standards.
L. Electric Vehicles:
1. The City recognizes the importance of encouraging and accommodating the use of electric
and other alternative fuel vehicles as a means of reducing regional air pollutant emissions.
Therefore, this section establishes guidelines for providing parking facilities that support
the use of such vehicles. As part of the site plan process, special parking facilities will be
provided to accommodate electric or other alternative fuel vehicles.
2. Generally, such facilities should be provided where more than 100 parking spaces are
required per this Chapter, or whenever the redesign of an existing parking lot with 250 or
more spaces is proposed.
3. Where electric vehicle recharging facilities are provided, the following development
standards will apply:
a. At least one separate meter panel for the sole purpose of electric vehicle recharging
must be provided and sized to handle the required electric vehicle recharging spaces.
b. Photovoltaic or similar solar power facilities are encouraged to be integrated into the
facility.
c. Service equipment, new or existing, of enough size and ampere capacity to
accommodate the additional meter panels must be installed.
d. Overhead lighting must be adequate to allow proper and safe utilization of the
recharging equipment.
LANDSCAPE STANDARDS FOR PARKING LOTS:
A. Landscaping Requirements:
June 25, 2019
Page 16 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-3: Landscape Standards for Parking Lots:
1. A minimum of ten percent of the parking lot area must be landscaped.
2. On lots less than or equal to 150 feet in width, the parking lot must have a 10 feet minimum
landscape perimeter. On lots greater than or equal to 150 feet in width, the perimeter
landscape planter shall be 10 feet in width on lots. On lots less than or equal to 60 feet,
the Director may grant a perimeter less than 5 feet.
3. Areas containing plant materials will be bordered by a concrete curb at least six inches high
and six inches wide and provided with an automatic irrigation system. Alternative barrier
designs may be approved by the Planning Manager. End stalls adjacent to parking spaces
or other obstructions will incorporate an additional curbing width of six inches.
4. Parking lot landscaping will be located so that pedestrians are not required to cross
landscaped areas to reach building entrances from parked cars. This should be achieved
through proper orientation of the landscaped fingers and islands.
5. Planting areas will be as evenly distributed as possible throughout the entire area.
6. The perimeter of a parking area must provide a perimeter landscaped strip at least five
feet wide (inside dimension) where the facility is adjacent to the street or adjacent to the
side or rear property line. The perimeter landscaped strip may be located within a required
setback area. Trees will be provided at the rate of one for each 20 lineal feet of landscaped
area.
7. A solid masonry wall and landscaping will be provided, and maintained, along the property
line adjacent to residential uses.
8. Trees will be planted and maintained in all parking lots at a minimum ratio of one tree far
every six parking spaces. Trees will be planted and maintained throughout the parking
facility to ensure that, within 15 years after establishment of the parking facility, at least
40 percent of the parking facility will be shaded.
9. Tree planters must be a minimum dimension of four feet by four feet.
B. Parking Lot Storm Water Management:
1. For new developments with 25 or more parking spaces, at least 50 percent of the required
parking lot landscaping will be provided as a vegetated Swale, vegetated filter strip, rain
gardens, or detention basins with bio -filtration within the parking lot.
2. Parking lot drainage will be designed such that all surface runoff (both piped and overland
flow) is conveyed through a vegetated Swale, vegetated filter strip, rain gardens, or
detention basins with biofiltration. The parking lot will provide appropriate curb cuts to
allow water to freely enter and exit parking lot swales,
lune ts, tiny
Page ll of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-3: Landscape Standards for Parking Lots:
3. All landscaped islands will be situated below the grade of the parking spaces and driving
aisles such that stormwater runoff flow is directed to and trapped by such islands.
C. Maintenance of Parking Facilities: All parking facilities, including curbs, directional markings,
handicapped symbols, landscaping, irrigation, pavement, signs, striping, and wheel stops, will
be permanently maintained in good repair, free of litterand debris, potholes, obstructions, and
stored material.
June 25, 2019
Page 18 of 25
ARTICLE E: Off -Street Parking and loading
9-1E-4: Parking Design Criteria:
9-1E-4: PARKING DESIGN CRITERIA:
A. Surface Parking Lots:
1. Parking lots must be designed to maximize the amount of runoff directed to permeable
areas and/or maximize stormwater storage for reuse or infiltration. Projects must use
natural drainage, detention ponds, infiltration pits, and bioswales to promote infiltration
and reduce or prevent off-site runoff.
2. Grading must be coordinated with the drainage methods of adjacent properties and
minimize differences in pad heights between the subject property and adjacent properties.
3. Decorative paving and/or brickwork, as well as abutting shrubs or vines, are encouraged
on driveways to reduce the visual impact.
4. Concrete areas of driveways should be minimized as much as possible. The use of pervious
surfaces, such as pervious concrete or grasscrete, is encouraged on driveways.
5. Maximize permeable areas to allow percolation of runoff through such means as biofilters,
green strips, and swales.
B. Parking Structures:
1. Parking facilities should be designed in a similar architectural style, using the same
materials and treatments as surrounding buildings and structures, particularly if part of a
larger development project.
2. The fapade of parking structures should include vertical and horizontal articulation to break
Up the fagade and provide a visual separation between each floor.
3. Projecting
elements,
awnings, signs, or other features
should be used to visually delineate
pedestrian
entrances
into parking structures.
well -lit,
C. Parking
Structures:
Bicycle
parking and
storage facilities, including bike racks and storage
lockers,
should be in
well -lit,
highly visible
areas near building entrances.
D. Landscaping:
1. Preserve existing mature trees where feasible.
2. Trees and shrubs should be selected to minimize root problems and be located and spaced
to allow for mature, long-term growth.
3. Hardscape palettes should match the architecture of the structure.
June 25, 2019
Page 19 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-5: Alternative Parking Strategies:
4. Landscaping must be provided along all parking lot perimeter edges.
5. Drought tolerant and native plants should be used for planting. Drought tolerant
landscaping includes native water conserving plants.
9-1E-5: ALTERNATIVE PARKING STRATEGIES:
Alternative parking strategies ensure that the City's off-street parking supply adequately serves the parking
demand and that the supply of off-street parking is representative of the uses in the City. The following
strategies are encouraged where appropriate, throughout the City.
A. Shared and Joint Use of Off -Street Parking:
1. The Planning Manager will review and approve any proposal shared, joint use, or off-site
parking arrangements, unless such parking is included in an application requiring approval
of the Planning Commission.
2. Circumstances and requirements for allowing shared parking arrangements. Where it can
be demonstrated that two or more land uses can effectively share common parking
facilities due to the nature of the uses and distinctly different demand for parking, or where
off-site parking is proposed to meet parking requirements, then an application may be filed
for such parking arrangement.
3. The building or use for which an application is being made for authority to share and utilize
the existing off-street parking facilities provided by another building or use will be located
within 500 feet of such parking facilities.
4. To grant a
request for shared/joint use
or off-site parking,
the Planning Manager will
determine
the following:
the
parking demand of all
a. There are clear and convincing evidence that peak -hour parking demand from all uses
does not coincide and/or the uses are such that the hours of operation are different
for the various businesses or uses.
b. There is adequate parking provided for all participating users.
c. Adjacent or nearby properties will not be adversely affected by the shared/joint use or
off-site parking.
d. The parking arrangement is consistent with the General Plan and all requirements of
this Code.
;. The Planning Manager
June
may require
a parking
study to be
prepared that
identifies
the
parking demand of all
subject land
uses and
that clearly
demonstrates
how and
why
25, 2019
Page 20 of 25
ARTICLE E: Off -Street Parking and Loading
9 -1E -S: Alternative Parking Strategies:
parking facilities can be shared. The will parking study must be prepared by a registered
traffic engineer that specifically analyzes the parking demand for each use proposing to
share the parking, each use's hours of operation, and other related issues of all involved
uses.
6. A legal agreement will be signed by all parties using shared/joint use parking facilities. Such
agreement will be approved by the City Attorney and Community Development Director
and recorded with the Los Angeles County Recorder and will continue to be valid upon
change of ownership.
7. In the event of a change in use, a new application will be filed, or the existing agreement
amended with approval of the Planning Manager,
B. Off -Site Shared Parking: Off-site shared parking for non-residential uses will comply with the
following standards:
1. Distance.
Off-site
parking will be located no more than
1,000 feet from the use it is
intended
to serve.
2. Lease agreement required. Required nonresidential parking may be located off-site from
the use which it serves, subject to the approval of the Planning Manager of a lease
agreement providing that the off-site parking will be available when the use commences
and continuing so long as the use is in effect.
3. Notification of pending termination of lease required. The lease will contain a provision
requiring that the Planning Manager be notified in writing at least 30 days before
termination of the lease.
4. Recorded lease required. A Certificate of Occupancy for the use will not be issued until the
lease has been recorded with the County Recorder and a copy filed with the Planning
Manager,
5. Recorded covenant required. When the off-site parking is provided on a lot that is not
contiguous with the lot where the use is located, and both are owned by the same entity,
a covenant will be recorded that ties the lot providing the parking to the lot where the use
requiring the parking is located.
C. Car Sharing:
1. Multi -family Residential and Commercial Uses: Any multi -family residential guest or
commercial parking space may be voluntarily converted to acar-sharing space for up to a
maximum of 2S percent of the required multi -family residential guest or commercial
parking space of a development.
June 25, 2019
Page 21 of 25
ARTICLE E: Off -Street Parking and Loading
9 -1E -S: Alternative Parking Strategies:
2. The car -share spaces will be made available, at no cost, to a certified car -share organization
for purposes of providing car -share services for its car -share service subscribers.
3. When provided for a
mixed-use
or commercial
development,
the car -sharing service will
be made available to
the general
public.
site parking area to
the use it serves.
4. An applicant may request to provide dedicated ride or car -sharing parking and/or loading
spaces as a means of satisfying off-street parking requirements, subject to the following
requirements:
a. Multi -Family Residential Uses. One dedicated ride or car sharing parking and/or
loading space may replace four guest parking spaces for a stand-alone multi -family
residential or mixed-use development, for up to 50 percent of the required guest
parking spaces for multi -family residential uses or the residential portion of a mixed-
use building that include a minimum of 10 dwelling units.
b. Commercial Uses. One dedicated ride or car sharing parking and/or loading space may
replace two required parking spaces for commercial uses for up to 15 percent of the
required parking spaces for commercial uses that include a minimum of 6,000 square
feet of gross floor area.
c. Distance. Ride or car -sharing parking and/or loading spaces will be located no more
than 500 feet from the use that is intended to serve.
d. Pedestrian Access.
A pedestrian
way that complies
with all applicable ADA
requirements, and
is not more than
500 feet in length, will
be provided from the off-
site parking area to
the use it serves.
D. Tandem and Valet Parking: An off-street parking program utilizing limited valet and tandem
parking may be allowed for all commercial uses listed under the commercial use classification
in Table 9-1E-1, Off -Street Parking Requirements, and the non-residential portions of mixed-
use projects in accordance with the following:
1. Spaces. The development served will provide 15 or more parking spaces;
2. Maximum Amount. No more than ZO percent of the total number of spaces will be
designated as tandem; and
3. Attendant Required. A valet parking attendant must be on duty during hours of operation.
June 25, 2019
Page 22 of 25
ARTICLE E: Off -Street Parking and Loading
9-1E-6: Loadlne:
E. Bicycle Parking: An applicant will provide bicycle parking in excess of the amount required by
9-1E-1, Off -Street Parking Requirements in exchange for a limited reduction in automobile
parking spaces, in accordance with the following:
1. Spaces. The development served will provide 15 or more car parking spaces;
2. Multi -Family Residential Uses. A bicycle parking rack, corral, or other bicycle parking facility
with a capacity to park ten bicycles may replace one guest automobile parking space, for a
maximum of two parking spaces.
3. Commercial Uses. A bicycle parking rack, corral, or other bicycle parking facility with a
capacity to park ten bicycles may replace one automobile parking space, for a maximum
of two parking spaces. A minimum of two showers and two lockers will be provided.
F. Bus Stop Improvements:
1. Bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus benches
and shelters will be required for developments located along arterials where public transit
exists or is anticipated to exist within five years.
2. Bus stop location and improvements will be determined according to a) frequency and
relative impact of blocked traffic due to stopped buses; and b) level of transit ridership at
the project location.
9-1E-6: LOADING:
A. Loading Dock Access:
1. Developments zoned commercial and industrial buildings with truck -height loading docks,
will be designed with the at least one driveway approach capable of accommodating a 48 -
foot wheel track turning radius.
2. Developments will be designed to prevent truck back-up maneuvering within public right-
of-way. At least one on-site maneuvering area which provides a 48 -foot turning radius
wheel track through the parking area or a circulation pattern which does not require a
truck to turn around on site.
3. If an industrially or commercially zoned property is designed with a raised loading dock
and/or truck wells, each dock or well will be provided with at least one back-up area to the
dock or well in accordance with Table 9-1E-5. The dock approach may not be encumbered
by parking stalls or 5physical obstructions and will be measured perpendicular to the dock
or door. The minimum dock and overhead clearance is 12 feet.
lune 25, 2019
Page 23 of 25
ARTICLE E: Off -Street Parking and Loading
4. The
driveway aisle between parking stalls may
be used for the approach,
provided the 48 -
foot
wheel track turning radius is maintained.
120
12
5. Parking aisles and access driveways adjacent to loading doors without dock high
approaches or truck wells will have a minimum width of eight feet plus the aisle width
required in this chapter, except for 90 -degree parking in which the parking aisle will have
a minimum 32 -foot width.
TABLE 9 -1E -S
LOADING DOCK ACCESS
Berth or Aisle Width (Feet)
Dock Approach
(Feet)
dock access requirements if the
10
120
12
117
14
113
6. The Director
may allow an
exception to the
loading
dock access requirements if the
Director finds
the following:
the end of the loading space
nearest
to the street and the curb
a. Dimensions of the lot are not adequate to accommodate on-site turnaround.
b. Access is located to minimize conflicts with intersections, minimum 100 feet from
intersection.
c. Access is onto a minor street with low traffic volume.
d. Street
geometry is adequate to
accommodate truck
back-up maneuvering of the
largest
anticipated vehicle, minimum
40 feet between
the end of the loading space
nearest
to the street and the curb
on the opposite side
of the street.
B. Off -Street Loading Spaces:
1. Off-street loading spaces will be provided at a rate in accordance with Table 9-1E-6. The
loading spaces will be not Tess than 12 feet in width, 40 feet in length, and with 14 feet of
vertical clearance.
2. loading docks located Tess than 100 feet to residential properties will be housed in an
enclosed structure to minimize noise impacts.
lune 25, 2019
Page 24 of 25
ARTICLE
E: Off -Street
Parking
and Loading
9-1E-6:
Loadine:
20,001-50,000
2
TABLE 9-1E-6
MINIMUM LOADING SPACES
Total square feet of building space
(gross floor area)
Loading Spaces
Required
Commercial and industrial buildings
20,000 and under
1
20,001-50,000
2
50,001 and over
3
Hospitals, institutions, hotels, office buildings
50,000 and under
1
50,001-1000000
2
100,001 and over
3
3. The Director may allow an exception to the off-street loading requirements if it is
demonstrated that there is not adequate space on the lot to reasonably accommodate the
minimum number or dimensions of loading spaces.
C. Loading Design Criteria:
1. Loading and service access areas, utilities, and trash and recycling receptacles should be
located on the rear portion of a parcel or development, screened from the public right-of-
way, open space, and adjacent properties. Loading and service areas should not be a
hazard to or conflict with the movement of automobiles, pedestrians, or bicycles. Off-
street loading areas will be located as far as possible from the residential units and will be
completely screened from view from the residential portion of the project. Loading areas
will not be located within required setbacks.
2. Areas for the collection and storage of refuse and recyclable materials will be located on
the site in locations that are convenient for both the residential and nonresidential uses.
There will be separate refuse and recycling trash collection areas for the residential and
non-residential uses. Trash collection areas will be located and screened so that noise and
odors do not affect residential units.
3. If the loading of furniture and household goods for residential units occurs on the street,
it will be limited to the hours of 9;00 a.m. to 2:00 p.m. and 7;00 p.m. to 10;00 p.m. on
weekdays and 9:00 a.m. to 10:00 p.m. on weekends.
lune 25, 2019
Page 25 of 25
ARTICLE F. SIGNS
9-1F-1: PURPOSE:
The City Council finds that, for the purpose of protecting and enhancing the aesthetic qualities that define
anddistinguish Temple City, protecting public safety and general welfare, assisting property and business
owners and business tenants to benefit from their investments, and promoting economic development
and investments through enhanced aesthetic appeal, proper sign regulations are an important
governmental interest. Therefore, the purpose of the standards in this Article is asfollows:
A. To provide each signusertheopportunityforadequatebusinessorotheridentificationand
information while guarding against the potentially excessive and confusing proliferation of
signs by appropriately regulating the time, place, and manner under which signs may be
displayed.
B. To preserve and enhance the community's appearance by regulating the type, number, size,
location, quality, design, character, scale, illumination, and maintenance of signs.
C. To encourage establishment and maintenance of well-designed signs that attract antl invite
rather than demand the public's attention.
D. To encourage the design of signs that are complementary to the structures and uses to which
they relate.
E. To ensure freedom of expression
for sign uses
for both commercial
and noncommercial speech
by maintaining a content -neutral
approach to
sign regulation.
on property owned by public agencies other
F. To enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive
and overpowe ng signs, as well as to protect the life, health, prope ty, and general welfare of
City residents and visitors.
G. To provide a review process for signs to ensure compliance with the requirements of this
Article.
9-1F-2: APPLICABILITY:
A. Regulatory Scope:
This Article
regulates signs,
as defined in this Article, that are placed on
private property,
in the public
right-of-way, or
on property owned by public agencies other
than the City and
over which the
City has zoning
authority.
B. Applicability:
June 25, 2019
Page 1 of 69
ARTICLE F. Signs
1. The regulations in this Article shall apply to all signs in all zones that come within the
regulatory scope as defined in Subsection A, above, unless specifically exempted.
2. Sign Permits shall be required in compliance with Section 9-1F-13 (Procedures for Sign
Permits, Exemptions, and Revocations). In addition, the provisions of Municipal Code Title
7 (Building Regulations) relating to building and electrical codes, fees, penalties, and a
method of enforcement shall also apply.
3. Applications for Sign Permits that comply with all the applicable requirements of this
Article and other applicable laws shall be granted. Signs approved in conjunction with any
other application shall be consistent with this Article, unless otherwise approved by the
City. Where approval of a Conditional Use Permit or Variance has been obtained, any
applicable conditions of that approval shall supersede the requirements of this Article.
C. Sign Permit Required: A Sign Permit shall be required for all signs unless exempt in compliance
with Section 9-1F-5 (Exempt Signs), including change of copy allowed under the requirements
of this Article. Only signs that comply with all the applicable requirements of this Article shall
be approved.
D. Content Consideration: Content of a noncommercial message shall not be considered when
any required Sign Permit application is reviewed. Content of a commercial message shall be
considered only to the extent required to determine whether the sign is an on-site or off-site
sign. See Section 9-1F-15 (Procedures for Sign Permits, Exemptions, and Revocations).
E. Nonconforming Signs: An existing legally allowed sign that does not conform to the
requirements of this Article shall be deemed a nonconforming sign and shall be subject to the
requirements of Section 9-1F-17 (Nonconforming Signs).
F. Specific Plans: Sign regulations contained in a City adopted specific plan document shall not be
ess restrictive than the regulations in this Article. If the adopted specific plan does not provide
regulations for a sign type or situation, the requirements of this Article shall apply.
9-1F-3: DEFINITIONS:
A -FRAME
SIGN: A portable freestanding sign that
is hinged, folded, or
otherwise angled at the tap and
widens at
the bottom to form a side facing shape
like the letter "A."
ABANDONED NONCONFORMING SIGN: A nonconforming sign that is advertising a use that has
ceased, oris located upon a structure that has been abandoned for more than 90 days. See
"Abandoned Sign." For the purposes of this definition, abandonment for the applicable 90 -day
period shall be deemed conclusive evidence of abandonment irrespective of the property, sign, or
business owner's intent.
July 25, 2019
Page 2 of 69
ARTICLE R Signs
9-1F-3: Definitic
ABANDONED SIGN: A sign that is advertising a use that has ceased; is located upon a structure that
has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor,
service, owner, orproduct available upon the site; or that identifies or advertises an event or activity
that has previously occurred. See Section 9-1F-18 (Abandoned Signs) for timelines for determining
abandonment.
ADDRESS SIGN: The numeric reference of a structure or use to a street included as part of a sign
ANIMATED SIGN: A sign that uses movement, lighting, or special materials to depict action or create a
specialeffect or scene. This classification includes wind -actuated and other elements (e.g., balloons,
bunting, pennants, streamers, whirligigs), or other similar devices.
AWNING: A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a
structure to shield a doorway or window from the elements.
AWNING SIGN: A sign painted on, printed on, orattached to the surface of an awning. This does not include
signs attached to architectural projections (such as metal frames projecting from the building which take the place
of a wall sign). See Figure 9 -1F -3-A (Awning Sign).
BACK -LIT AWNING: An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric
reinforced covering designed in an awning form and with graphics or copy applied to the visible surface
of the awning.
BANNER SIGN: A sign made of fabric or anynon-rigid material with no enclosing framework.
BILLBOARD: A permanent structure used for the displayof off-site commercial messages (see "Off -Site
Signs").
July 25, 2019
Page 3 of 69
ARTICLE R Signs
9-1F-3: Definitions:
BLADE/BRACKET SIGN: A small, pedestrian -oriented sign that projects perpendicular from a structure
(blade sign) or is hung beneath an awning or canopy (bracket sign). See also "Projecting Sign."
BUILDING IDENTIFICATION SIGN: Asign which is located on, and parallel to a building wall which announces
the name of the building, such as "The Empire State Building."
BUILDING MARKER: A sign indicating the name of a building and date and incidental information about its
construction which is cut into a masonry surface or made of bronze or other durable material.
CABINET SIGN: A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or
may not be internally illuminated. The sign panels may be either flat or shaped ("pan face") and are
attached to a metal frame (cabinet).
CANOPY: A permanent roof -like structure of rigid or fabric materials extending from the main entrance of
a structure and typically supported by posts at the corners farthest from where the canopy attaches to the
structure. See also "Awning."
CANOPY SIGN: A sign located on a permanent roof -like structure or canopy of rigid or fabric materials
extending from the main entrance of a structure. See Figure 9 -1F -3-B (CanopySign).
Canopy Sign
� Canopy 11-n
Figure 9 -1F -3-B — Canopy Sign
CHANGEABLE COPY SIGN (ELECTRONIC): Asign with changeable copy that is changed by incorporatingvideo
display, flip- disks, incandescent lamps, fluorescent lamps, fiber optics, light -emitting diodes (LED), liquid
crystal displays, plasma -displays, field emission displays, or any other mechanical or light- emitting matrix
to convey changing copy or images.Also considered an animated sign. See Figure 9 -1F -3-C (Changeable
CopySign)
CHANGEABLE COPY SIGN (MANUAL): A sign with changeable copy that is manually changed, regardless of
method of attachment or materials of construction. This classification includes bulletin boards and
changeable copy signs on marquees. Does not include electronic message boards with lighted displays. See
Figure 9 -1F -3-C (Changeable CopySigns)
July LS, LU19
Page 4 of 69
ARTICLE F. Signs
CHANNEL LETTERING: Three-dimensional signface lettering or logos such that the sign is on a different
plane than the sign backing or structure.
COMMERCIAL MASCOT: Animated beings, including those wearing masks or costumes, that hold signs or
are used as moving signs, for the purpose of advertising an establishment within a non-residential zone.
This includes sign twirlers, sign clowns, etc.
COMMERCIAL MESSAGE: A message displayed on a sign that relates primarily to economic interests (e.g.,
the exchange or sale of goods or services). This definition shall automatically incorporate court rulings
defining the term "commercial speech."
CONSTRUCTION SIGN: Atemporary sign erected on a parcel where construction is taking place that lasts the
duration of the permit.
CONTENT NEUTRALITY: See Section 9-1F-4 (General Provisions).
COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic,
symbolic, oralphabeticform.
DEPARTMENT: The Community Development Department of the City of Temple City,
DIRECTIONAL SIGN
ON-SITE DIRECTIONAL SIGN: A sign giving directions for traffic (vehicular and/or pedestrian),
instructions, or facility information of an establishment upon the same property, but with no
advertising copy (e.g., stop signs,parking, or exit and entrance signs).See Figure 9 -1F -3-E (On -Site
Directional Sign). .
OFF-SITE DIRECTIONAL SIGN: A sign giving directions to businesses, sales offices, real estate sales
locations, points of interest, or other uses found to be similar by the Director, that are located on a
different property, but with no advertising copy. See Figure 9 -11F -3-F (Off -Site Directional Sign), See
Section 9-1F-9 (Specific Typesof Permanent Signs),
July 26, 2019
Page 5 of 69
ARTICLE F. Signs
9-1F-3: Definitions:
Back Sign Face
Front Sign Face
Figure9-1F-3-D — Double-faced Sign
Figure 9-1F-3-E—On-site
Directional Sign
Figure 9-1F-3-F—Off-site Directional
Sign
DIRECTOR: The Director of the City's Community Development Department, or the Director's
designee.
July 25, 2019
Page 6 of 69
ARTICLE F. Signs
9-1F-3: Definitions:
DIRECTORY SIGN: A sign listing the tenants oroccupants of a building or building complex.
DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the
advertising message.
DRIVE-THROUGH BOARD: A permanently mounted sign located adjacent to adrive-through lane and
typically located next to or preceding the drive-through window.
DOUBLE-FACED SIGN: A sign designed with the intent ofproviding copy (i.e., message) on both sides.
See Figure 9-1F-3-D(Double-Faced Sign).
ELECTION SIGN: A sign of a non-commercial nature made of corrugated plastic, paper, cardboard, or
other temporary materials present 45 days before an election and 7 days after.
EMBEDDED PLAQUE/SIGN: Commemorative ordecorative plaques, dates of construction, and the like
when carved in stone, concrete, or similar material ormade of bronze, aluminum, or other similar
durable material.
ESTABLISHMENT: A legal, nonresidential use of landto conduct a commercial or noncommercial
activity. Byway of example and not limitation, "establishment" includes stores, offices, places of
assembly, hospitals, manufacturing facilities, etc., but does not include home-based occupations or
hobbies.
FACADE.
The entire building
elevation, including the
parapet.
FACE OF
SIGN: The area of a
sign on which the copy (i.e.,
message) is
placed
FASCIA: Typically, the smooth wall surface between a window and the parapet.
FLAG: A rectangular or square piece of fabric generally with a height to width ratio ranging between 1 to 1 to
1 to 2 that is hung from a vertical or nearly vertical pole.
FLASHING SIGN: A sign that displays an intermittent or sequential flashing light source.
FREESTANDING SIGN: A sign supported permanently upon the ground by a structure and not attached to
a building. This includes monument signs and pylon signs. See "Monument Sign" and "Pylon Sign." See
Figure 9 -1F -3-G (Types of Freestanding Signs).
July 25, 2019
Page 7 of 69
ARTICLE F. Signs
9-1F-3: Definitin
Freestanding Freestanding
Monument Sign Pylon Sign
Figure9-1F-3-G —Types of Freestanding Signs
FRONTAGE
BUILDING FRONTAGE: The building elevationthat fronts on a street, alley, driveway, parking area,
pedestrian plaza, walkway, courtyard, or arcade. See Figure 9 -1F -3-H (Example of Building
Frontages).
BUILDING
FRONTAGE, PRIMARY: A
building
elevation that provides the primary source of
pedestrian
access to the structure.
access to the structure.
BUILDING FRONTAGE, REAR: A building elevation that provides public entrance opposite of the
Primary Building Frontage.
BUILDING
FRONTAGE, SECONDARY:
Abuilding
elevation that provides
the secondary source of
pedestrian
access to the structure.
TENANT FRONTAGE: That portion of amulti-tenant building facade that is devoted to a single
tenantI
July 25, 2019
Page 8 of 69
ARTICLE F. Signs
9-1F-3: Definitio
S �h
P
or
P
STRUT
P = Primary Building Frontage
S = secondary Building Frontage
Figure9-1F-3-H — Example of building frontages
HOLIDAY WINDOW SIGN: Signs and decorations painted on or applied to windows pertaining to holidays
and seasonal events.
LLEGAL SIGN: A sign installed without the prior issuance of a Sign Permit; or that is not in compliance with
this Article; or that is not a legal nonconforming sign.
ILLUMINATED SIGN: A sign lighted with an artificial light source for the purpose of decorating, enhancing,
outlining, accentuating, or brightening the sign area.
EXTERNALLY ILLUMINATED SIGN: A sign illuminated from an exterior light source.
INDIRECTLY ILLUMINATED SIGN: A sign whose illumination is derived entirely from an external artificial
source that is arranged to illuminate the sign area only.
INTERNALLYILLUMINATEDSIGN: Asign illuminated from an interiorlightsource containedwith inthe sign
cabinet or individual letter, such as luminous tube signor LED (light -emitting d lode) sign.
INCIDENTAL RESIDENTIAL SIGN: A sign in a single-family or multi -family zone other than election signs, real
estate signs, or garage or yard sale signs no more than one square feet in size and made of permanent or
durable materials, such as hard plastic designed for outdoor use, corrugate plastic, or metal.
INFLATED DISPLAY SIGN: A three-dimensional object filled or activated by moving or non-moving air or
other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as
a sign orto attract attention. This definition does not include inflated gymnasium -type jumping or sliding
devices usedtemporarily for a non -advertising activity (e.g., children's parties, etc.).
July 25, 2019
Page 9 of 69
ARTICLE F. Signs
LOGO: An established trademark or symbol associated with a business orcorporation.
LUMINOUS TUBE SIGNS: A sign that consists of or is illuminated by exposed electrically charged gas-filled
tubing (e.g., neon and argon signs) or by fiberoptics.
MANSARD ROOF: A four-sided roof characterized by two slopes on each of its sides with the lower slope at
a steeper angle than the upper,
MARQUEE: A permanent roofed structure attached to and supported by the building and customarily
projecting over publicproperty.
MARQUEE/UNDER CANOPY SIGN: An accessory sign attached to a marquee or canopy
MONUMENT SIGN: A freestanding sign, the structure of which is supported from finished grade, giving
the appearance of having a solid base. See "Freestanding Sign."
MOVING SIGN: A sign which has an actual or apparent moving, revolving, or rotating part, activated by
electrical, mechanical or other devices or by wind movement. For the purposes of this Article, time and
temperature displays, and traditional barber poles are not considered moving signs.
MURAL: An artistic image or design painted or affixed to the exterior surface of a wall.
NONCONFORMING SIGNS
LEGAL NONCONFORMING SIGN: A legal sign that lawfully existed (i.e., complied with all the
applicable regulations and had all the required permits) before the effective date of this Article or
amendmentthereto, and that does not comply with the minimum sign regulations of this Article.
This also includes legal signs lawfully located on sites annexed into the City after the adoption of
this Article.
ILLEGAL NONCONFORMING SIGN: See Section 9-1F-19 (Illegal Signs).
NONCOMMERCIAL MESSAGE: A sign message that is not commercial in nature. See "Commercial Message'
above. This definition shall automatically incorporate court rulings defining the term "noncommercial
speech."
OFF-SITE SIGN: A sign erected on a parcel that is not the location of the business or use that the sign is
advertising. See also "Directional Sign."
OFF-SITE MESSAGE: A message on a sign that advertises a business, accommodation, service, or activity not
provided on the premises on which the sign is located. This classification includes billboards. The off-
site/on- site distinction applies only to commercial messages.
Juiy 25, 2019
Page 10 of 69
ARTICLE F. Signs
ON-SITE MESSAGE: A message on a sign that advertises a business, accommodation, service, or activity
provided on the premises on which the sign is located. The off-site/on-site distinction applies only to
commercial messages.
PAINTED WALL SIGN: A sign painted directly onto a building surface without use of a face board (see also
mural).
PARAPET: The extension of a false front or wall above a roofline.
PEDESTRIAN -ORIENTED SIGN: A sign that is designed for and directed toward pedestrians so that the
pedestrians can easily and comfortably read the sign as they approach and stand adjacent to it. A
pedestrian -oriented signis usually read from 15 to 20 feet.
PERMANENT SIGN: A sign designed with durable materials and intended to be used in excess of 60 days per
calendaryear.
POLE SIGN: A sign that is supported by a single pole or similar support structure so that the bottom edge
of the sign is one foot or more above grade.
PORTABLE SIGN: Any sign designed to be moved easily and not permanently affixed to the ground or to a
structure or building.
PROJECTING SIGN: A sign that projects from and is supported by a wall of a building. See Figure 9-1F-3-1
(Projecting Sign). See also "Blade/Bracket Sign."
Figure 9-1 F -3-I
Projecting/Blade/Bracket Sign
PROJECTION: The distance by which a sign extends from the building it is supported by.
PUBLIC SERVICE SIGN: Signs of utilities or other publicly regulated service providers indicating danger or
similar aids to service or safety, including official advisory and signal flags.
i
July 25, 2019
Page 11 of 69
ARTICLE F. Signs
RACEWAY: A channel for protecting and holding electrical wires and cables, typically a rectangular metal
boxfor the electrical components of an illuminated sign consisting of channel letters. Pre -wired channel
letters are mounted to the raceway, which in turn is mounted to a building wall. One set of wiring is then
connected to the main circuit. The rectangular box (raceway) sets behind the attached letters and is not
designed as an architectural feature. See Figure 9 -1F -3T (Electrical Raceway with Channel Letter),
Figure 9 -1F -3-J Electrical Raceway with
Channel letter
REAL ESTATE SIGN: A temporary, on-site sign which is installed at a time corresponding to the sale or lease
oI a unit.
ROOF LINE: The top edge of a roof or building parapet, whichever is higher, excluding any mansards,
cupolas, chimneys, or minor projections.
ROOF SIGN:
A sign that is
wholly erected, constructed, or placed on top of the roof of a structure including
a mansard
roof, and that
is partially or totally supported
by the structure.
SERVICE STATION/REFUELING STATION: For purposes of this Article, a commercial facility that sells gasoline,
diesel, or alternative fuel for the on-site fueling of individual vehicles, with or without service-
related
facilities.
SIGN: Any device, fixture, placard, orstructure
—including its component parts—that draws attention to an
object, product, place, activity, opinion, person, establishment, institution, organization, or place of
business, or that identifies or promotes the interests of any person and that is to be viewed from any public
street, road, highway, right-of-way or parking area.
July 25, 2019
Page 12 of 69
ARTICLE F. Signs
Setond R , �r
j•.--..•- .; •.-.-. •; sKa,d Flom
HENDERSON BUILDING WindO" StXns
11111110CM co. YVaH Mwntod Signs
BlaL16/Htaclaf
Signs
WtMaw Sian Dowtory Cabinet S'hn
Figure9-1F-3-K Examples of Sign Types
The following are not within the definition of "Sign" for regulatory purposes of this Article:
a. ARCHITECTURAL FEATURES: Decorative or architectural features of buildings (notincluding
lettering, logos, trademarks, or moving parts).
b. FIREWORKS AND OTHER LIGHTS:The legal use of fireworks, spotlights,candlesond artificial
lighting nototherwise regulated by this Article.
c. INTERIOR SIGNS: Signs or other visual communicative devices that are located entirely
within a building or other enclosed structure and are not visible from the exterior thereof
or located at least 10 feet inwardfrom the interior face of the window, provided the
building or enclosed structure is otherwise legal.
d. LEGALLY REQUIRED INFORMATION: Public notices, registration, or licensing information,
etc.
e. MANUFACTURERS' MARKS: Marks on tangible products that identify the maker, seller,
provider, or product, and that customarily remain attached to the product even aftersale.
fI
MURALS: located on properties with a General Plan Land Use Designation of Institutional.
g. SYMBOLS
EMBEDDED IN
ARCHITECTURE: Symbols
of noncommercial
organizations or
concepts
including, but
not limited to religious or political symbols,
when they are
July 25, 2019
Page 13 of 69
ARTICLE F. Signs
9-1F-3: Definitions:
permanently integrated into the structure or a permanentbuilding that is otherwise legal;
also includes foundation stones, corner stones, and similardevices.
SIGN AREA: See Section 9 -1F -7-D (Standards for All Types of Sign Types).
SIGN HEIGHT: See Section 9 -1F -7-E (Standards for All Types of Sign Types).
SIGN PROGRAM: See Section 9-1F-14 (Comprehensive Sign Program).
SIGN STRUCTURE: The sign, and the supports, uprights, braces, and framework of the sign.
TEMPORARY SIGN: A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas,
fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be
displayed for a limited period. Typically displayed by an establishment to promote a sale, new product line,
management change, service, liquidation sales, going -out -of -business sales, person running for public
office, and similar special activities or events. See Figures 9 -1F -3-L and 9 -1F -3M (Temporary Signs).
Figure9-1F-3-L Temporary Sign
— I I
All
Figure 9-117-3-M Temporary Window
Sign
TIME/TEMPERATURE SIGN: An electronic or mechanical device that shows time and/or temperature but
contains no business identification or advertising.
TRADEMARK: A word, name or symbol which, with a distinctive type or letter style is associated with a
business or business entity in the conduct of business.
VEHICLE
SIGN: A
sign painted, affixed, or placed
GRAND
only
OPENING
Figure9-1F-3-L Temporary Sign
— I I
All
Figure 9-117-3-M Temporary Window
Sign
TIME/TEMPERATURE SIGN: An electronic or mechanical device that shows time and/or temperature but
contains no business identification or advertising.
TRADEMARK: A word, name or symbol which, with a distinctive type or letter style is associated with a
business or business entity in the conduct of business.
VEHICLE
SIGN: A
sign painted, affixed, or placed
upon a vehicle or trailer and that vehicle or trailer's
only
function
is to act
as an advertising display, not as
a normal business delivery or service vehicle.
July 25, 2019
Page 14 of 69
ARTICLE F. Signs
9-1F-4: General
Figure 9 -1F -3-N Wall Mounted Sign
WALL -MOUNTED SIGN: A sign attached to, erected against, or fastened to a wall of a building or
structure, the face of which is in a single plane parallel to the plane of the building wall to which the sign
s attached or fastened. See Figure 9-117-3-N (Wall -Mounted Sign.)
WINDOW SIGN: Any sign, whether or not temporaryin nature, which is applied or attached to a window,
or located within 10 feet of the inside of a window in a manner that it is visible from the exterior of the
structure.
9-1F-4: GENERAL PROVISIONS:
The rules and regulations stated in this Section apply to all signs subject to compliance with this Article.
A. Compliance Required: No person shall erect, re -erect, construct, maintain, enlarge, alter,
change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or
paint a new wall mural in the City, or cause or permit the same to be done, contrary to, or in
violation of, any provision of this Article.
B. Interpretations by Director: Interpretations of the requirements of this Article shall be
exercised considering the City's content neutrality policy. Where a particular type of sign is
proposed in a permit application, and the type is neither expressly allowed nor prohibited by
this Article, or whenever a sign does not qualify as a "structure" as defined in the California
Building Code, then the Director shall approve, conditionally approve, or deny the application
based on the most similar sign type that is expressly regulated by this Article.
C. Content Neutrality: It is the City's policy to regulate signs in a constitutional manner that is
content neutral with respect to both noncommercial and commercial messages. For the
purposes of this Article, a content -neutral regulation is a so-called "time, place, or manner"
July 25, 2019
Page 15 of 69
ARTICLE F. Signs
9 -1F -S: Exemot:
egulation, which, as
the name suggests, does no more than
place limits
on when, where, and
how a message may
be displayed or conveyed.
D. Message Substitution: Signs authorized by this Article can carry noncommercial messages in
lieu of any other commercial or noncommercial messages. Substitution of messages may be
made without an additional permitting process. This provision prevails over any more specific
provision to the contrary within this Article. The purpose of this provision is to prevent an
inadvertent favoring of commercial speech over noncommercial speech, or favoring of any
noncommercial message over any other noncommercial message. This provision does not
create a right to increase the total amount of signs or allowable sign area on a parcel, nor does
it affect the requirement that a sign structure or mounting device be properly constructed.
E. Rules for Design and Installation Aspects of Signs: Rules and regulations concerning the design
and installation aspects of signs, (e.g., number, type, location, size, height, illumination, spacing
orientation, etc.) stand enforceable.
F. Address Signs: Address signs do not count toward the maximum allowable sign area and are
required to comply with Title 3 (Public Safety).
G. Property Owner's Consent Required: Signs shall not be displayed withoutthe expressed written
consent of the legal owner of the property or authorized representative of the property on
which the sign is mounted or displayed. For purposes of this regulation, "owner" means the
holder of the legal title to the property and all parties and persons holding a present right to
possession, control, or use of the property.
H. Off -Site Commercial Sign Regulation: The City clearly and completely prohibits the
construction, erection, or use of off-site signs displaying off-site commercial messages (i.e.,
billboards), other than those that legally exist in the City, or for which a valid permit has been
issued and has not yet expired, as of the date on which this provision was first adopted. The
City adopts this regulation in compliance with California Government Code Section 65850,
California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January
1, 2003). Permits shall not be issued for off-site signs displaying off-site commercial messages
that violate this regulation, and the City will take immediate abatement action against such
signs constructed or maintained in violation of this regulation. The Council affirmatively
declares that it would have adopted this regulation even if it were the only provision in this
Article. The Council intends for this off-site sign regulation to be severable and separately
enforceable even if other provisions of this Article may be declared, by a court of competent
jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit
agreements to relocate existing, legal off-site signs, as encouraged by California Business and
Professions Code Section 5412,
9-1F-5:
EXEMPT SIGNS:
July 25, 2019
Page 16 of 69
ARTICLE F. Signs
9-117-5: Exempt Signs:
The signs listed in this Section are exempt from the permit requirement and do not count toward the total
allowable sign area limit which is otherwise applicable. However, the signs described in this Section are still
subject to the applicable safety codes and to all other applicable laws.
A. Address Signs: Address signs made up of numbers and/or letters 12 inches high or less.
B. Bulletin Boards: Bulletin boards for any legal, noncommercial establishment, when located on
the premises of the establishment and not over 12 square feet in area.
C. Change of Copy: Changing the copy in approved changeable copy signs whereby such signs
where in existence as of the date of adoption of this Article, or approved through the
Comprehensive Sign Program (Section 9-1F-14).
D. Construction Sign: Subject to the provisions of Section 9 -1F -12-D (Construction Signs).
E. Flags: In residential zones the maximum length of exempted flags is five feet. In non-residential
zones the maximum length of exempted flags is eight feet.
F. Garage Sale Signs: See Municipal Code Article 4-2D (Yard Sales).
G. Holiday Window Painting: Signs and decorations painted on or applied to windows pertaining
to holidays and seasonal events. All signs and decorations shall be removed within 10 days
following the applicable holiday.
H. Incidental Residential Sign: Maximum of two allowed per lot. Maximum size per sign is one
square foot. May be attached to a structure or fence or a stake placed in a required setback.
Not allowed in the public right of way or public property.
Names of Buildings, Commemorative Tables, and the Like (with limitations): Names of
buildings, commemorative tables, and the like when carved into stone, set in concrete or
similar material, or constructed out of bronze, aluminum, or other durable material.
J. Portable Parking Lot and Valet Parking Signs: One freestanding portable sign at each parking
lot entrance limited to 10 square feet (two feet by five feet) in area. A valet parking plan
approved by the Director shall indicate the location of the sign to ensure that the sign does not
interfere with driver visibility or pedestrian movement.
K. Public Notices and Warnings: Signs displayed by a public body or officer in the perf
ormance of
a public duty or by any person in compliance with a governmental requirement or legal duty
or function. This Section applies to and includes signs whose function is to provide legal notice
or functional information such as traffic signs, public transit signs, utility company signs, public
restroom signs, warning signs, and signs placed by a public agency for the purpose of guiding
persons to emergency centers and places of public interest.
July 25, 2019
Page 17 of 69
ARTICLE F. Signs
9-1F-6: Prohibited
L. Public Signs within a Public Right -of -Way:
1. Public signs posted by or for government agencies in order to provide public information,
identify public property, post legal notices, or direct or regulate traffic of any kind.
2. Bus or train stop signs posted by public transit agencies.
3. Public utility signs that convey information about its lines, pipes, poles, or other facilities.
4. Emergency warning signs posted by a governmental agency, public utility, or contractor
doing authorized work in the public right-of-way.
M. Time or Temperature Signs: A time or temperature sign does not count towards the otherwise
applicable limits as to number, area, or size of signs for the property on which it is located,
provided that the sign:
1. Shall have a
maximum
area of 36 square feet and shall
comply with
the height
requirements
established
in 9-1F-8 Table (Signs Allowed Non -Residential
and
Mixed -Use
Zones) for the
type of sign
(building/freestanding) to which it is
attached.
2. Shall be designed in a manner that is architecturally compatible with other signs and with
the structure on which it is placed.
9-1F-6: PROHIBITED SIGNS:
The following signs and
sign types shall
be prohibited throughout all zones
in the City, except any sign as
designated as an Iconic
Sign (Section9-1F-10)
or street banners approved
pursuant to the City's Street
Banner Program,
A. Abandoned Signs: See Section 9-1F-18 (Abandoned Signs).
B. Banners and Pennants: All types of signs and exterior decorations that can be considered
banners and/or pennants, except as otherwise allowed by Section 9-1F-12 (TemporarySigns).
C. Off -Site Commercial Signs (Billboards): Any off-site
commercial sign. Existing off-site commercial
signs are considered nonconforming signs and are regulated by Section 9-1F-17
(Nonconforming Signs).
D. Cabinet Signs, New: Any new
sign with a plastic,
acrylic, or
similar material face (panel) attached
to a metal frame (cabinet).
E. Commercial Mascot Signs: Commercial mascot signs with a commercial message and any
automated sign that moves, flashes, blinks, reflects, revolves, or any other similar sign
(excluding electronic message boards).
July 25, 2019
Page 18 of 69
ARTICLE F. Signs
9-1F-7: Standards for All
F. Hazardous Location: Signs located so that the signs, or a portion of the sign or sign supports,
interfere with the free use of a fire escape, exit, or standpipe; or obstruct a required door,
stairway, ventilator, orwindow; encroach into a public right-of-way without a proper City -
issued encroachment permit; block the view of traffic control devices; or are otherwise
hazardous.
G. Inflated Signs: Any signs or decorations that are inflatable, such as balloons of any size of shape,
and any signs that are air -blown or inflated or animated by the internal flow or air, such as signs
that appear to have a waving body and appendages, except as otherwise allowed by Section 9-
117-12 (Temporary Signs).
H. Pole Signs, New: Any new sign that is supported by a single pole or similar support structure so
that the bottom edge of the sign is one foot or more above grade.
Resembling Traffic Signs: Signs that appear in color, design, location, or illumination to resemble
or conflict with any traffic control devise.
J. Roof Signs, New: Any new signs painted on, wholly mounted on, or attached to a roof, excluding
addresses required by law enforcement or fire regulations. Signs partially mounted on a roof
may bepermitted in circumstances where the construction configuration of the building, as
determined by theDirector, does not allow for any other approach to providing signs.
K. Vehicle Signs.
L. Video or Projected Signs (by means of projected light or similar): Any sign created by projecting
light onto a surface or the sky.
M. Wall Painted Sign: A sign painted directly onto a building. Wall painted signs and murals are
allowed on properties designated as Institutional in the General Plan,
N. Non -Durable Signs: Signs made of foam, vinyl (except when mounted on a window), or other
materials that are not durable.
9-1F-7: STANDARDS FOR ALL TYPES OF SIGN TYPES:
A. Compliance Required: No person shall erect, re -erect, construct, maintain, enlarge, alter,
change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or
paint a new wall- mounted sign, in the City, or cause or permit the same to be done, contrary
to, or in violation of, any provision of this Article.
B. Uncertainty of Article Provisions: The Director shall have the authority to interpret the
provisions of this Article. The Director may instead refer the request for interpretation to the
Planning Commission in compliance with 9-1A-10 (Director Interpretation).
July 25, 2019
Page 19 of 69
ARTICLE F. Signs
9-1F-7: Standards for All
C. Determination of Sign Location:
1. The maximum allowed sign area for a sign is calculated by first determining if the sign is to
beplaced on a "Primary' or "Secondary' Frontage (as defined in this Article) and then
referring to Section 9-1F-9 (Specific Types of Permanent Signs),
2. Incases where a building has more than one street frontage, the building frontage with
the primary business entrance shall be considered the Primary Building Frontage (e.g.,an
entrance facing a courtyard). For multi -tenant buildings, ground-floortenants may have
their Primary Building Frontage determined independently by the Director for the rest
of the building based upon this rule.
D. Measurement of Sign Area:
1. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing,
emblem, logo, representation, letters applied to the building without a distinctive
background (e.g,, channel letters), or other display within a single continuous perimeter
composed of the smallest square, circle, rectangle, triangle or combination thereof with
no more than eight lines. See Figure 9 -1F -5-B (Sign Area Measurement),
2. For an awning or canopy sign, sign copy that is applied to an awning or canopy shall be
computed at 100 percent of the area within a single rectangle enveloping the sign copy.
3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include:
a. A pole or other structural support unless the pole or structural support is illuminated
or otherwise designed to constitute a display device, or a part of a display device. See
Figure 9 -1F -5-A (Calculation of Freestanding Sign Area).
b. Features that are not an integral part of the sign (i.e., landscaping). See Figure 9 -1F -5-
A (Calculation of Freestanding Sign Area),
July 25, 2019
Page 20 of 69
ARTICLE F. Signs
9-1F-7: Standards for All Types of Sign Types:
Figure 9 -1F -5-A Calculation of Freestanding Sign Area
4. Only one face of a double-faced signshall be counted in computing the allowed area of the
sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is
mounted on a single structure, and the distance between each signface does not exceed
two feet at any point. If the sign is multi -faced (e.g., more than two sides), then each face
shall be counted in computingthe allowed area of the sign.
S. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters
of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their
maximum projection upon a vertical plane, as viewed from a position in the public right-
of- way which produces the largest visual projection. See Figure 9 -11F -5-C (Sign Area
Measurement for Three -Dimensional Objects). Signs may not contain three-dimensional
objects that exceed a projection of six inches from the sign face.
July 25, 2019
Page 21 of 69
ARTICLE F. Signs
9-1F-7: Standards for All Types of Sign Types:
CABINETSI6N
F10TB
j DECAICR
!
EMBLEM
k wm0
B
CHANNEL
2 a LETTERS s 6
DOES 2
DRY CLEMERS 15
Slgn Arca=20.9a Ft
J
5 CL[Ar4EM 1.6'
3__.
91gn Nes = 17 9 aq Fl.
Figure 9 -1F -5-B Sign Area Measurement
�pV ED S/0
:V y1
WIDM
JOES41
DRY CLEANERS
B. L
Sign Lusa a 02 eq. FI
E. Measurement of Sign Height: The height of a sign shall be measured from the highest part of
thesign, including any decorative features, to the height of the adjoining grade directly beneath
the sign.
July 25, 2019
Page 22 of 69
ARTICLE F. Signs
9 -SF -7: standards for All Types of Sign Types:
7 V
oko
=
Width
Figure 9 -1F -5-C Sign Area Measurement for
Three Dimensional Objects
F. Maximum Character Height: The maximum height of any letter, text, logo, or symbol shall be
36 inches.
G. Sign Construction Materials: All signs that are not temporary signs shall be constructed of
permanent materials, including but not limited to metal, wood, acrylic, or other comparable
durable weatherproof materials. No material more combustible than treated wood shall be
used in the construction of any permanent sign.
H. Consistent Design: Where multiple signs are proposed, all signs shall be consistentin the type
of construction material, letter sizeand style, and support method. Signs shall be designed to
complement the building to which they are related using a similar scale, color, material
and/or other design element.
Figure 9 -SF -5-D Example of Appropriate
Sign Proportion and Rhythm
July 25, 2019
Page 23 of 69
ARTICLE F. Signs
9-1F-8: Permanent
Signs
by Zone—
Locations and Design
Requirements:
Sign Proportion and Rhythm: Signs shall be in general proportion to the lease space or building
to which they are related, with lettering and logos that occupy no more than 75 percent of the
sign face area. See Figure 9 -1F -5-D (Example ofAppropriate Sign Proportion and Rhythm).
J. Illuminated Signs and Lights: The following standards shall apply to all illuminated signs.
1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties,
create a public nuisance, or create public safety hazards. Exterior light sources shall be
shielded from view and directed to illuminate only the sign face.
2. Signs may be internally or externally illuminated. Internal illumination is allowed only if
the sign background is opaque and the only portion of the sign that appears as
illuminated is the actual lettering and registered trademark orlogo.
3. The light from an illuminated sign shall not be of an intensity orbrightnessordirectedin
a mannerthat will create a negative impact on residential properties in direct line of sight
to the sign.
4. Colored lights shall not be used at a location or in a manner so as to be confused or
construed as traffic control devices.
5. Reflective -type bulbs andincandescent lamps that exceed 15 watts shall not be used on the
exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-
way or adjacent property.
6. Light sources shall utilize energy- efficient fixtures to the greatest extent possible.
K. Sign Removal or Replacement: When a sign is removed, all brackets, poles, and otherstructural
elements that supported the sign shall also be removed. For wall -mounted signs, affected
building surfaces shall be restored to match the finish of the building, with a sign wiring
removed and all holes and other surface blemishes appropriately patched and finished (Le.,
painted), subject to the approval of the Director.
L. Fire Department or Law Enforcement Requirements:Building-mounted addresses required
bythe 9-IF-5(Exe ptSTigheriffshallnotbecountedassignsorsignareaincompliancewith
Section 9-1F-5 (Exempt Signs).
9-1F-8: PERMANENT SIGNS BY ZONE -LOCATIONS AND DESIGN
REQUIREMENTS:
A. Applicability: This Section provides regulations for permanent signs by designated zone
districts. In the case of an inconsistency between regulations provided in the tables and
regulations provided for specific sign types, the regulations for specific sign types shalltake
Page 24 of 69
ARTICLE F. Signs
Wall -Mounted
9-1F-8: Permanent
Signs
by Zone
— Locations and Design
Requirements:
precedence. Figure 9 -1F -3-K (Examples of Sign Types) illustrates the typical mix of signs on a
bLidding,
B. Maximum Allowable Sign Area: The total maximum allowable sign area for all uses and sign
types is 150 square feet for each tenant space, not including exempt signs as defined in Section
9-1 F-5 (Exempt Signs).
Allowed Sign Types (l)
Allowed Locations
Yes
Wall -Mounted
sign: aeloweave
Wall -Mounted
1 per each
of roof orparapet.
Primaryand
eestanding
andfrndfrresidential
Secondary
Freestandingsigns
Frontage of
16 sf each
sign; 4ft
At primary
community
multi -family
entrances
identification)
to
use,
residential
community.
1. Note: (1) New Cabinet Signs are prohibited
July 25, 2019
Page 25 of 69
ARTICLE F. Signs
9-1F-8: Permanent Signs by Zone— Locations and Design Requirements:
Allowed Sign Maximum Number (1) Maximum Sign Area Maximum Sign Allowed Illumination
Types (1) (1) Height (1) Locations Allowed
1 Wall -Mounted
Sign per Primary
Building
Frontage, street or
parking frontage.
Primary Building
Frontage - 1 sf of
sign area per
1 linear ft,
not to exceed 150
sf.
1 Wall -Mounted Secondary Building
Sign per Secondary Frontage - 0.75 sf
a. Wall- Building Frontage. of sign area per 1 May be Signs shall not
Mounted Signs linear ft, not to See Subsection
g 1 Wall -Mounted exceed 75 percent 9-1F-9 Tables D, located on Yes project more
(business Sign for rear fa5ade of primary sign. G, and building face than 12 Inches
identification) where clearly or parapet, from building.
marked Rear Fagade-0.5
customer access sf of sign area per
is provided to the 1 linear ft of rear
building from the fagade, if customer
rear parking area, access is
provided from the
3 wall mounted rear, not to exceed
signs maximum. 7S percent of the
primary sign.
Must be Sign may only
mounted to extend over a
In addition to provide a public right -of -
Blade/ permitted Wall -
minimum of 7 ft On Primary way if
Bracket Signs of clearance Building appropriate
(business Mounted Signs, 1 6 sf Yes
from the public Frontage, first encroachment
identiflcatlon) Blade Bracket sign is right-of-way to floor only. permits have
allowed. the bottom of been
the issued by the
sign. City.
In addition to Wall- N/A
Mounted Sign, 1 sign
on each Primary and Canopy or Signs may only
Secondary Building awning must be extend over a
24 sf. The sign shall public c. Canopy and Frontage, plus 1 sign mounted to
right-of-
Awningfor rear fa ade not cover more way if
S provide a On canopy or
than 50 percent of Yes appropriate
Signs (business where clearly the canopy or minimum of 7 ft awning only. encroachment
identification) marked customer awning,of clearance
access from the public permits have
is provided to the right-of-way to been issued by
building from the the bottom of the City.
rear parking area. the sign.
July 25, 2019
Page 26 of 69
ARTICLE F. Signs
9-117-8: Permanent Signs by Zone— Locations and Design Requirements:
d. Permanent
Window Signs lsign per window
(business
identification)
e. Monument 1 sign per street
Signs (business frontage
Identification)
Up to 25 percent
of the glass area
upon which the
sign is located, per
window.
Permanent 'N/A
window sign area
shall count toward
the overall allowed
sign area for
building frontage.
Lots 40 ft or less
maximum of 4
ft;
40 percent of sign Lots 41 feet to
face 100 feet
maximum of 6
ft;
Lots greater
than 100 ft
Allowed Illumination Notes
Locations Allowed
Window signs
shall
be constructed of
durable material,
Window such as paint
lettering or decals and be
permitted on No (except permanently
Interior or luminous affixed to the
exterior of tube signs) window.
glass window Signs shall be
or door only. placed to allow
clear views into
the business by
emergency
responders.
May
into
encroach
front
setback area
to within 5 ft Yes
of property
line or interior
driveway.
1001inearft
minimum street
frontage
required.
Where Will be reviewed
f. site 20 or as approved by needed to Yes; low by the Director to
Directional the Director 4 sf per sign face 4 ft provide level ensure
Signs direction. compliancewith
(1) Unless an approved Iconic Sign. See Section 9-1F-10 (Iconic Signs)
July 25, 2019
Page 27 of 69
Maximum Sign
Area
aximum Sign
Muniffk+
Maximum
Number
1
111
III
d. Permanent
Window Signs lsign per window
(business
identification)
e. Monument 1 sign per street
Signs (business frontage
Identification)
Up to 25 percent
of the glass area
upon which the
sign is located, per
window.
Permanent 'N/A
window sign area
shall count toward
the overall allowed
sign area for
building frontage.
Lots 40 ft or less
maximum of 4
ft;
40 percent of sign Lots 41 feet to
face 100 feet
maximum of 6
ft;
Lots greater
than 100 ft
Allowed Illumination Notes
Locations Allowed
Window signs
shall
be constructed of
durable material,
Window such as paint
lettering or decals and be
permitted on No (except permanently
Interior or luminous affixed to the
exterior of tube signs) window.
glass window Signs shall be
or door only. placed to allow
clear views into
the business by
emergency
responders.
May
into
encroach
front
setback area
to within 5 ft Yes
of property
line or interior
driveway.
1001inearft
minimum street
frontage
required.
Where Will be reviewed
f. site 20 or as approved by needed to Yes; low by the Director to
Directional the Director 4 sf per sign face 4 ft provide level ensure
Signs direction. compliancewith
(1) Unless an approved Iconic Sign. See Section 9-1F-10 (Iconic Signs)
July 25, 2019
Page 27 of 69
May
into
encroach
front
setback area
to within 5 ft Yes
of property
line or interior
driveway.
1001inearft
minimum street
frontage
required.
Where Will be reviewed
f. site 20 or as approved by needed to Yes; low by the Director to
Directional the Director 4 sf per sign face 4 ft provide level ensure
Signs direction. compliancewith
(1) Unless an approved Iconic Sign. See Section 9-1F-10 (Iconic Signs)
July 25, 2019
Page 27 of 69
Draft Sign Code
Permanent Signs by Zone — Locations and Design Requirements:
Maximum Number
(1)(2)
1 sign per business Primary Building
on Frontage —lsf of 100 linear fit min.
each Primary street frontage
Buildingsign area per
Ilinear ft required.
Frontage.
Secondary Building May be Signs may identify
a. Wall- Forbusinessesalso Frontage— See Subsection located on center and 2 major
Mounted Sign with Secondary tenants, or 3 major
tenant Building Frontage, 1 0.75 sf ofsign 9-1F-9 Tables D, the building Yes
( g g ' area per 1linear G, and 0 face or tenants, if center is
identification) sign for the foot parapet. not Included.
Secondary
Building Frontage. Signs shall not
Total of Primary
and Secondary project more tha n
2 wallmountedsigns must 12 inchesfrom
perbusiness exceed t building.
maximum. exceed 150 sf g'
Lots 40 ft or
less maximum
of 4 ft;
Lots 41 feet to
100 feet May encroach
into front
maximum of 6 1001inearft
sign per street ft; setbackarea minimum street
b. Monument frontage 40 percent of sign to within 5ft yes frontage required.
Sign face Lots greater of property
than 100 ft line or
maximum of 4 interior
percent of lot driveway.
width or 20 ft,
whichever is
less
c. Blade/
Bracket Sign
(business
identification) N/A
Must be
In addition to mounted to Sign may only
permitted Wall- provide a On Prima extend over a
Mounted Signs, 1 minimum of 7 BuildingPrimary public right-of-way
Blade/Bracket Sign 6sf ft of clearance Frontage, first Yes If appropriate
pertenant is from the public floor only, encroachment
allowed right-of-wayto y permits have been
the bottom of issued by the City.
the
sign.
June 25, 2019
Page 28 of 69
Draft Sign Code
Permanent Signs by Zone— Locations and Design Requirements:
Maximum Number
(1)(2)
In addition to Wall- Where such sign Ys N/ACanopy or
Mounted Sign, 1 in addition to awning must be
sign on each another mounted to Sign may only
Primaryand Permittedsign, 24 Providea extend over apublic
d. Canopy ad Secondary Building
minimum of 7 On canopyor right-of-way if
Awning Frontage, plus 1 sf' ft of clearance Yes appropriate
Signs (business sign for rearfagade In no case shallthe from the height awning only. encroachment
identification) where clearly sign cover more of adjacent permits have been
marked customer than 50 percent curb to the issued by the City,
access of the canopy or bottom of the
is provided tothe awning. sign.
buiidi ng from the
Window signs shall
Up to 2S percent be constructed of
of the glass area durable material,
upon which the Window such as paint
sign is located, per lettering or decals and be
e. Permanent window. permittedon No (except permanentiyafHxed
window signsto thewindow.
S sign per window N/A interioror luminous
Permanent
(business window sign area exterior of tube signs) Signs shall be
identification) glass window
shall count toward placed to allow
theoverall allowed or door only. clearviews into the
sign area for business by
buildingfrontage. emergency
responders.
May Include only
the name and
f. Name plate 1 per business; At exterior occupation of the
(occupant Intended for office 2 sf per plate N/A entranceto N/A occupant.
identification) usesonly. building.
No Sign Permit
Where
g. On-site As approved by the As approved by As approved by neededto Yes; low As approved by the
Directional Director the Director the Director provide level Director
Signs direction.
June 25, 2019
Page 29 of 69
Draft Sign Code
Permanent Signs by Zone — Locations and Design Requirements:
(1) unless an approved Iconic Sign. See Section 9-1F-10 (Iconic Sign).
lune t5, tui9
Page 30 of 69
ARTICLE F. Signs
9-1F-9: SPECIFIC TYPES OF PERMANENT SIGNS:
This section provides additional standards for specific types of permanent signs to be used in combination
with the requirements of Section 9-1F-8 (Permanent Signs by Zone- Locations and Design Requirements).
1. slgn �ocauun
occuVancies only.
Awning signs shall not be allowed above the second story.
Signs shall be applied on the outer face of and flat against the awning surface. In
the case of a barrel shaped (curved) awning, signs shall not occupy more than
60 percent of the bottom 12 inches of the awning. In no event shall a sign cover
more than 50 percent of an awning or canopy.
A minimum of seven feet of clearance shall be provided between the lowest part
of an awning and adjoining curb height below. See Figure 9 -1F -9-A (Height of
2. Sign Design a. The design and construction of awning signs shall be compatible with the
predominant architectural and visual elements of the structure to which they
are attached.
b. Awnings shall conform to the size and shape of the window or door they are
above,
c, overly large awnings and canopies with unusual shapes designed to provide
additional sign area are not allowed.
3. Lighting Lighting of awning signs is permitted, if lighting does not point upwards or into
public right-of-way.
4. Temporary Sign only permanent signs that are an integral part of the awning shall be allowed.
Temporary signs shall not be placed on awnings or canopies.
liiiiiiiiiiiiiiiiiii MEMO=
June 25, 2019
Page 31 of 69
ARTICLE F. Signs
9-1F-9; Specific Types of Permanent
Figure 9 -1F -9-A Height of Awning
Awning with valance and sloping plane
Page 32 of 69
fc ?)K'NIF
L-:
ARTICLE F, Signs
9-1F-9: Specific TVpes of Permanent
Awning customized to architectural features
B. Blade Bracket Signs
1. Sign Area Double-faced projecting signs shall be considered a single -face sign for the purpose of
calculating sign area.
2. Sign Location a. Signs may be placed perpendicular to the building facade (projecting) near the building
entrance.
It. For a building on a corner lot, blade signs are encouraged to be located on the corner
or face of the building on the street corner. Corner mounted blade signs should be
mounted at a 45 -degree horizontal angle so that its two sides are equally visible from
both streets.
3. Sign Design a. Supporting arms or frames for projecting signs shall be of a decorative design
compatible with the design of the sign.
It. Blade signs shall project no more than four feet from the face of the building wall upon
which the sign is mounted.
G. Support wires may be used for lateral support when fully within the horizontal plane of
the sign. Any angle iron or secondary support, other than support wires, shall be
enclosed in a form constructed of impermeable material.
Murals may only be
installed and maintained by approval
of the Planning Commission. Murals may only be in on
a parcel designated
by the
General Plan as Institutional.
The Planning Commission shall have the authority to
review and approve
murals
in compliance with this Article.
lune 25, 2019
Page 34 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
Simple Blade Sign under Awning
Architectural Blade Sign
June 25, 2019
Page 35 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
Blade Sign with iron mount Creative Blade Sign
Blade Sign with iron mount
June 25, 2019
Page 36 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
Hanging Blade Sign
1. Where Allowed New Cabinet Signs are not permitted. However, the retrofit and reuse of an existing, legally
established Cabinet Sign for anew use or business is permitted subject to the requirements
of Subsection C.
2. Sign Lighting a. Cabinet Signs may only be internally illuminated. No exposed lighting such as neon
tubing, LED lighting, light bulb arrangement or similar is allowed.
b. The light source of illuminated Cabinet Signs shall not be visible from or cast into the
right-of-way nor cause glare hazards to passersby or adjacent properties.
c. Light sources shall not be mounted to any part of the sign.
3. Sign Design a. Onlytranslucent letterfaces, reverse lit channel letters, or push -through acrylic letters
and images are allowed. The background of the cabinet sign must be opaque, non -
transparent.
b. Where a Cabinet Sign is being retrofitted for reuse and the cabinet border is to be
replaced, such border shall consist of a color other than white that is complementary'
to the sign face and/or a building to which it may be attached.
June 25, 2019
Page 37 of 69
1. Where Allowed
Electronic Changeable Copy Signs are only permitted subject to approval of a Major
Sign Permit, and shall be located on a permitted Monument or Marquee Sign.
7bThe
number of Changeable Copy Signs is limited to one per property.
Changeable copy signs are limited to elementary, middle, junior high, or high schools,
assembly uses, theaters, and city facilities.
2. Sign Display
a.
Sign images shall not change more often than every eight seconds, and transitions
between images shall not exceed one second.
b.
The images shall change instantaneously, with no special effects or video.
C,
All the messages conveyed by the sign shall displaystatic messages with no animation,
or effects simulating animation including but not limited to dissolving, fading,
scrolling, traveling, flashing, spinning, revolving, and shaking.
d.
The maximum square footage of the portion of a Monument or Marquee Sign
dedicated to changeable copy is limited to 50 percent of the sign permitted.
June 25, 2019
Page 37 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
e. The sign shall be equipped with photosensitive equipment that is programmed to
automatically adjust the brightness and contrast of the sign. The maximum brightness
levels for the sign shall not exceed 5000 nits when measured from the sign face during
daytime, and 500 nits when measured from the sign face at night.
3. Sign Design Signs shall have a photometric sensor that will adjust the intensity of the sign for
daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 -foot
candles (over ambient levels) as measured at a height of five feet above the ground
and between 150 and 350 feet from the sign under consideration, depending on the
size of the sign, and aimed at the sign.
b. The City may modify orfurther restrictthe intensity of any Electronic Changeable Copy
Sign should the lighting create a distraction to drivers.
C. Each sign structure must, always, include a facing of proper dimensions to conceal
back bracing and framework of structural members and/or any electrical equipment.
During periods of repair or alteration such facing may be removed for a maximum
period of 48 consecutive hours.
Cabinet Sign with push -through letters
Cabinet Sign with push -through letter
June 25, 2019
Page 38 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
Changeable Copy Sign with electronic reader board
Changeable Copy Sign with electronic reader board
1. Where allowed a. New Manual Changeable Copy Signs are only permitted as an improvement to an
existing, non -conforming Changeable Copy Sign or in conjunction with a new public
assembly use. Such signs shall require approval of a Minor Sign Permit.
b. The number of Changeable Copy Signs is limited to one per property.
2. Sign Display a. Changeable copy displays may be installed on freestanding, marquee, monument, and
wall -mounted signs. The area of the changeable copy display shall be counted toward
the allowable sign area for the type of sign up on which the changeable copy is
installed.
b. Maximum size of changeable copy area is six square feet.
3. Sign Design The design and construction of Manual Changeable Copy Signs shall be compatible with
Compatible the predominant architectural and visual elements of the structure for which the signs are
intended.
June 25, 2019
Page 39 of 69
ARTICLE F, Signs
9-1F-9: Specific Types of Permanent Signs:
4. Lighting Manual Changeable Copy Signsshallnotbeinternallylitunlesstheyuseopaqueinsertswith
translucent copy; blank opaque inserts that are the same color as the opaque portions of
the copy are used over all areas of the sign where copy is not present; and the opaque
portion of the copy is the same color.
1. Sign Design
2. Sign Lighting
2. Sign Location
3. Number ofSii
June 25, 2019
Page 40 of 69
a. Only translucent letter faces, reverse lit channel letters, or push -through acrylic
letters are allowed. Foam and vinyl letters are not allowed.
Exposed raceways are prohibited unless necessitated by structural features and subject
toa determination by the Directorthat unique conditions exist.
a, Channel letter signs may only be internally illuminated. No open face channel
letters are allowed where the method of illumination such as neon tubing, LED
lighting, light bulb arrangement or similar is exposed.
The light source of illuminated channel letter signs shall not be visible from orcast into the
right-of-way nor cause glare hazards to passersby or adjacent properties.
Light sources shall not be mounted to anv Dart of the sign.
Maximum size
of sign
to
be
determined
through
Minor
Site
Plan
Review.
Maximum size
of sign
to
be
determined
through
Minor
Site
Plan
Review.
Maximum size
of sign
to
be
determined
through
Minor
Site
Plan
Review,
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
Changeable Copy Sign with manual reader board
Off -Site Directional Sign
Push -through Channel Letter Sign (Wall -Mounted)
June 25, 2019
Page 41 of 69
MARTIN L%
V1fEET4 A kkkokmi
�NG )R
ST ENTRgNCE
C
ALBERTA KING
HILD
CARE CENTER
DENZEL WASHINGTON � �
PAVILION
HUMAN RESOURCES
PARKING LOTS D & E .�
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
1.
Sign
Area
Maximumsizeofsign tobedeterminedthoughMinorSitePlanReview.
a.
2
Sign
Location
Tubing shall not exceed one- half inch in diameter.
Signs shall be located on private property
c.
z
can
npcian
polished metal, highly glazed tiles, or other similar materials).
I Signs shall be flush and permanently embedded
in the ground.
1. Sign Area
The
the
borders of luminous tubes shall be considered part of a sign for purposes or caicwating
maximum allowable sign area.
2. Sign Design
a.
Luminous tube lighting shall be listed with UL (Underwriters Laboratories).
b.
Tubing shall not exceed one- half inch in diameter.
c.
Luminous tubes shall not be combined with any reflective materials (e.g., mirrors,
polished metal, highly glazed tiles, or other similar materials).
d.
Luminous tube lighting that surrounds a window, door, or similar element or that is
installed along roofs or that outlines buildings shall be prohibited.
3. Sign Lighting
a.
Luminous tube lighting adjacent to residential uses shall not exceed one-half foot-candle
measured at the residential lot line.
b.
Signs shall have 30 milliamps per circuit maximum and a dimmer to reduce brightness.
l' 1. Sign Location a. Far signs placed on mansard style roofs, signs placed on a wall of a structure may not
project above the eave line of a mansard roof a distance greater than 20 percent of the
distance between the ground level and the top of mansard roof.
b. Signs placed on a mansard roof may not projectabove the top of the roof.
building sign /
height
height of
building
Mansard Roof Sign Location
lune 25, 2019
Page 43 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
Tile Embedded Plaque Sign
Exterior Luminous Tube Sign
Metal Embedded Plaque Sign
June C5, Nl`J
Page 44 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
LED Sign
L, Marquee Signs
1, Sign Design
a.
Marquee signs shall only be attached to marquees having a vertical plane angle
less than 20 degrees.
b.
No marquee sign shall extend more than two feet above any marquee to which
it is attached.
c.
Marquee signs shall not extend beyond the ends or extremities of the marquee
to which they are attached except as provided above.
J.
Marquee signs shall be mounted substantially parallel with the face of the
marquee.
2. Sign Lighting
a.
Any lighting of marquee signs shall follow the Electrical Code and shall not cause
disturbing glare onto any adjacent areas due to excessive brightness or method
of Illumination.
b.
Any devices or structures used in conjunction with direct illumination of
marquee signs shall either be concealed from general view, recessed into a
building or structure, or function as decorative element in keeping with the
character of the sign and the building to which it is attached.
c.
The direct illumination of marquee signs shall be subject to approval by the
Director.
3, Where Permitted
a.
Only permitted for theaters in a non-residential zone.
b.
Counted towards allowable sign area.
June 25, 2019
Page 45 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent Signs:
M. Monument Signs
1. Sign Location a. There shall be a minimum of 50 feet between
b. Monument Signs eitheron the same site oron adjoining sites to ensure adequate visibility
for all signs
c. Monument Signs shall be a minimum of 50 feet from a lot line of any residentially zoned
property
d. Monument Signs shall be set back at least five feet from any public right-of-way, building,
on- site driveway, or on-site vehicle circulation area
e. The maximum width of a monument sign shall be as follows:
1. For lots less than 40 feet in width the maximum width is four feet, six inches
2. For lots 41 feet to 100 feet in width the maximum width is 6 feet
3. For lots greater than 100 feet in width the maximum width of the sign shall be
no more than 1.5 time the height of the sign if the sign is less than 5 feet in
height. If the sign is five feet or more in height, the maximum width shall not
exceed .75 times the height of the sign
2. Sign Design a. The minimum letter size shall be nine inches. Sign copy shall not be located closer
than one half -letter height to the sign edge or other line of copy.
b. Where there is a center name or building identification that is separate from the
primary tenant, the center name or building identification shall be provided and
predominantly displayed on the primary monument sign and shall be counted
towards the allowable sign area. This center name or identification sign should be
incorporated as a permanent feature of the monument sign.
c. Monument Signs shall contain an address plate identifying the site address or range
of addresses of the subject property. Numbers shall be a minimum of five inches in
height and shall be clearly visible from the public right-of-way. Address plates shall
not be calculated against the allowed sign area.
d. Individual channel letters on a background, reverse channel letters, or push -through
acrylic letter designs are preferred.
3. Landscaping Landscaping with automatic irrigation shall be provided at the base of the supporting
structure equal to twice the area of ane face of the sign or 75 square feet, whichever is
greater. For example, 40 square feet of sign area equals 80 square feet of landscaped area. The
Director may modify this requirement on a case-by-case basis to consider existing conditions.
June 25, 2019
Page 46 of 69
ARTICLE F, Signs
9-1F-9: Specific Types of Permanent Signs:
Marquee Sign
Monument Sign with channel letters
Pedestrian -scale Monument Sign
June 25, 2019
Page 47 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
,,,:ni(iawna
Monument Sign with push -through letters
Permanent Window Sign
lune 25, 2019
Page 48 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
Permanent luminous tube Window Sign
Permanent Window Sign
Permanent Window Sign
II 1. Sign Letter Dimensions The letter height of a secondary Wall -Mounted Sign shall not exceed 50 percent of
the letter height of a primary Wall -Mounted Sign (e.g. if letters on primary sign are
June 25, 2019
Page 49 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
APPROPRIATE INAPPROPRIATE
Figure 9-1F-9-0-1 Appropriate Wall -mounted Sign Location on Building Frontage
Page 50 of 69
18 inches high, then letters on accessory Wall -Mounted Sign cannot exceed nine
inches in height).
2. Sign Location
a. Signs shall be located only on a designated building frontage and shall not
extend above an eave or parapet, or above or below a fascia on which
they are located. See Figure 9-1F-9-0-1 (Appropriate Wall -Mounted Sign
Location).
b. Signs located on adjacent walls of the same building (e.g., on a Primary
Frontage wall and Secondary Frontage wall) shall be separated by a
minimum distance of 30 feet measured along the exterior walls of the
building
c. Signs on Primary or Secondary Frontages shall be located within the
middle 50 percent of the building or tenant frontage measured from lease
line to lease line. The Director may modify this requirement where it can
be clearly demonstrated that it severely limits proper sign placement. See
Figure 9-1F-9-0-1 (Wall -Mounted Sign Location on Building Frontage).
3. Sign Design
a. Wall -Mounted Signs may not be painted directly on a wall, unless through
an approved Comprehensive Sign Program, or as permitted through
Section 9-1F-10 (Iconic Signs).
b. Electrical raceways shall be prohibited unlessthe Director determines that
unique circumstances prevent an alternative design. Where such
circumstances are found to exist, the electrical raceways shall be
integrated with the overall design of the sign.
C, Signs shall be placed flat against the wall and shall not project from the
wall more than required for normal construction purposes and in no case
more than 12 inches.
4. Lighting
a. Signs may be either internally or externally illuminated.
I I I I
i10NSIGN'-- SIGN 51ONI 1
APPROPRIATE INAPPROPRIATE
Figure 9-1F-9-0-1 Appropriate Wall -mounted Sign Location on Building Frontage
Page 50 of 69
ARTICLE F. Signs
9-1F-9: Specific Types of Permanent
Wall -Mounted Sign with push -through metal letters
Wall -Mounted Sign with push -through acrylic letters
June 25, 2019
Page 51 of 69
ARTICLE F. Signs
9-1F-10: Iconic Signs:
Wall -Mounted Sign with push -through metal letters andapproved painted sign
Wall -Mounted Signs on primary and secondary building frontages
9-1F-10: ICONIC SIGNS:
A. Purpose: The purpose of this Section is to:
1. Preserve the City of Temple City's unique character, history, and identity, as reflected in its
iconic signs;
2. Preserve the historical sign vernacular of Downtown Temple City and other areas of the
City with concentrations of surviving period signage; and
3. Protectthecommunityfrominappropriatereuseofnonconformingand/orillegalsigns.
B. Applicability: This Section applies to legally established existing signs in the City of Temple City
that can be characterized as follows, as determined by the Director.
1. Iconic signs shall conform to all the following technicalfeatures:
a. The sign uses materials and technology representative of its period of construction.
b. The sign is detached, projecting, or roof mounted.
c. The sign is structurally safe or can be made safe without substantially altering its
original appearance.
2. Iconic signs shall conform to two or more of the following cultural or vernacular design
features:
a. The sign exemplifies the cultural, economic, or period heritage of Temple City.
rune L5, LU17
Page 52 of 69
ARTICLE F. Signs
9-1F-10: Iconic S
b. The sign exhibits extraordinary aesthetic quality, creativity, or innovation.
c. The sign is unique; the sign is obsolete sign copy that is originally associated with a
chain orfranchise businessthat it either local or regional chain orfranchise onlyfound
in Temple City orthe southwestern United States; orthere isscholarlydocumentation
to support its preservation; or it is a rare surviving example of a once common type.
d. The sign retains most of its character -defining features. If character-definingfeatures
have been altered or removed, the majority are potentially restorable to their original
function and appearance.
e. The sign is at (east 50 yearsold.
C. Where Allowed:
1. Iconic signs are allowed in commercial and industrial zones when conforming to the
requirements of this Section 9-1F-10 (Iconic Signs).
2. Relocation of an iconic
sign shall be
permitted
through an
approved Major Sign Permit,
provided the following
requirements
are met:
a. Relocation shall be to a location within the original premises or to a location within
the specific neighborhood in which it is located.
b. If relocated to another premise, the sign shall display a conspicuous text or a plaque,
using a template provided by the City of Temple City, that indicates that the sign has
been relocated, the date of relocation, and the original location.
3. Iconic signs are exempt from the provisions of Subsection 9 -1F -18-B (Removal of
Abandoned Signs) and Section 9-1F-17 (Nonconforming Signs). Any alteration,
modification, or relocation of an existing iconic sign shall be subject to the provisions of
Section 9-1F-14 (Comprehensive Sign Program).
D. Maintenance and Modifications: Iconic signs shall be structurally sound and comply with the
requirements of Section 9 -1F -10-B (Iconic Signs, Applicability), or will be brought into
conformance with such requirements within a reasonable and specified time.
E. Change in Sign Copy:
1. Text changes shall not result in changes to character -defining text, as determined by the
Director.
2. Textchanges shall match or be compatible with existing text in material(s), letter size, font/
typographyI and color as determined by the Director.
June 26, 2019
Page 53 of 69
ARTICLE F. Signs
9-1F-11: Signs for Specific Uses:
9 1F 11: SIGNS FOR SPECIFIC USES:
A. Drive -Through Establishments: In addition to the signs allowed in Section 9-1F-8 (Permanent
Signs by Zone — Locations and Allowed Sign Area), drive-through food service establishments
shall beallowed the following signs:
1. One freestanding drive through board with copy on a single face notto exceed 50 square
feet in sign area and seven feet in height, located immediately adjacent to the drive-
through lane, and readable only on site. Copy on a drive through board may be an
electronic changeable copy sign, but must meet the lighting standards for electronic
changeable copy sign in section 9-1F-9, Table E.
2. A second drive through board not to exceed 16 square feet in sign area and five feet in
height, located in the immediate area of the drive-through lane only, and readable only
on site. Copy on a drive through board may be an electronic changeable copy sign, but
must meet the performance standards for electronic changeable copy sign.
3. Directional signs shall be the least numberto provide adequate directional information and
to ensure safe circulation. Signs shall not exceed four square feet and shall be limited in
copy tothe terms "enter," "exit," and directional arrows.
B. Home Occupations: See section 9-1T-16 (Zoning Regulations).
C. Places of Assembly: In addition to signs allowed in Section 9-1F-8 (Permanent Signs by Zone —
Locations and Allowed Sign Area), facilities whose activities and events change on a regular basis
(e.g., places of assembly, skate rinks, theaters, stadiums, etc.) shall be allowed the following
additional signs:
1. Theaters with three or more screens shall be allowed an additional IS square feetofsign
area for each additional screen overthree.
2. Glass encasements for special advertisements shall be allowed to be affixed to the Primary
Building Frontage. Encasements shall not exceed a width of three feet or a height of four
feet, the number of which shall be approved by the Director.
3. Changeable copy electronic signs.
D. Service Stations: In addition to the signs allowed in Section 9-1F-8 (Permanent Signs by Zone —
Locations and Allowed Sign Area), service stations shall be allowed the following signs:
1. Service stations shall be allowed one wall or monument sign for each street frontage. A
combination of wall and monument signs maybe used, but no more than a total of three
signs. For purposes of this section, the canopy over the fuel pumps maybe considered
a building wall.
lune 25, 2019
Page 54 of 69
ARTICLE F. Signs
9 -IF -12: Temooi
2. Wall -Mounted Signs shall not exceed 10 percent of the building face, with a maximum size
of 30 square feet for each sign, and not exceed past the roofline. A total maximum of two
Wall -Mounted Signs are permitted per servicestation.
3. Monument signs shall conform to the sign design standards provided in Section 9-1F-9
(Specific Types of Permanent Signs). A total maximum of two monument signs are
permitted perservice station.
4. Additional special service signs are allowed up to a maximum of two per each service island,
provided that the signs are located at the site of the service provided (e.g., air/water, lube,
brakes, etc.) and that each sign does not exceed three square feet.
5. Instructional and warning signs and signs required or authorized by State or Federal law
shall be exempt from the provisions of this Subsection.
6. No signs are allowed on pumps other than those signs listed in item 5, above.
7. Electronic changeable copy signs no more than one square feet in size are allowed on top
of each pump and must meet the lighting requirements of Section 9 -1F -9-F (Specific Types
of Permanent Signs).
9-1F-12: TEMPORARY SIGNS:
The following types of temporary signs are permitted subject to the standards of this Section. A Temporary
Sign Permit shall be obtained from the Director prior to displaying temporary signage, unless otherwise
specified.
No temporary sign shall be permitted on or extend over any property or public easement of any other domain
owned or controlled by the City of Temple City without approval pursuantto the City's Street Banner Policy, except
as otherwise provided by law.
June 25, 2019
Page 55 of 69
ARTICLE F. Signs
9-1F-12: Temporary Signs:
E. Election Periods Temporary Noncommercial Signs (No Permit
D. Construction Signs (No Permit Required)
1.
NumberofSigns
One per site maximum
2.
Sign Types
Ground or wall mount only
3.
Total Sign Face Area
16 square feet per sign face maximum in commercial and industrial zones, and four-
days of an election.
square feet in residential zones
4.
Sign Height
Six feet maximum
5.
Duration/Frequency
Begins with the issuance of a Building Permit, or its functional equivalent, and ends with
height and the top of the sign may not exceed 10_feet-in height. _
In residential zones no temporary freestanding noncommercial sign may a face exceeding
- _
4. Size
the issuance of the earliest of the following: a Certificate of Completion, a Certificate of
six square feet in total area.'Signs may be double sided.
Occupancy, a final inspection sign -off, or the functional equivalent of any of them.
E. Election Periods Temporary Noncommercial Signs (No Permit
During any election period, the following additional opportunities for temporary noncommercial signs are
permitted, subject to the following regulations.
1. Number of Signs
Each parcel in all zones is permitted eight temporary freestanding noncommercial signs.
_
Such signs are in addition to all other signs allowed in this chapter.
2. Duration
May be placed no more than 45 days before an election and must be removed within 7
days of an election.
3. Height
In residential zones, a temporary freestanding noncommercial sign may not exceed four
feet in height from the adjacent ground level to the top of the sign.
In zones other than residential zones, the bottom of the sign may not exceed four feet in
height and the top of the sign may not exceed 10_feet-in height. _
In residential zones no temporary freestanding noncommercial sign may a face exceeding
- _
4. Size
six square feet in total area.'Signs may be double sided.
In all zones other than residential zones the maximum cumulative sign area may not exceed
32 square feet.
The maximum size is limited to 18 inches by 24 inches, with an overall height of 36 inches
when mounted on a stake.
5. Maintenance
Signs must be maintained in good condition, without fading or severe degradation of
material.
6. Location
Signs may be attached to a structure or placed within a required front or corner side yard
setback, but not in the public right of way.
7. Lighting
Temporary freestanding noncommercial signs may not be illuminated.
June 25, 2019
Page 56 of 69
ARTICLE F. Signs
9-1F-12: Temporary Signs:
H. Real Estate Signs (No Permit Required)
1. Number of Signs In R-1 Zone, one sign maximum per lot.
In all other zones, one sign per street frontage with a maximum of three.
2. Duration May only be installed while the dwelling is for sale or the unit is for rent and must be
removed within seven days after close of escrow or the unit being rented.
3. Size In R-1 Zone, the maximum sign area is limited to two square feet with an additional 1
square feet of sign area for incidental signs. Signs may be hung from devices no taller than
five feet in height.
In all other zones, the maximum sign area is limited to 25 square feet per sign. Signs may
be hung from or attached to devices no taller than five feet in height.
4. Maintenance Signs must be maintained in good condition, without fading or severe degradation of
material.
5. Location In the R-1 Zone, signs may be attached to a structure or placed within a required front or
corner side yard setback, but not in the public right of way.
In all other zones, signs may be attached to a structure or placed within a required front or
corner side yard setback, but not in the public right of way. Signs must comply with the
corner cutback provisions of 9-1N-2. Multiple signs should be located 100 feet apart,
unless site configuration issues make this requirement infeasible.
1. Special Event Signs on P ivate Property (Permit Required
1. Number of Signs One per business maximum.
2. Duration/Frequency
Limited to the duration of the sale or event, but in no case shall a sign be in place in
excess of 30 consecutive days. There shall be a break of at least 60 days between the
end of one 30 -day posting or placement period and the beginning of another 30 -day
posting or placement period. Signs shall be limited to 120 total days per calendar year.
3. Sign Types
Temporary signs for special events (e.g., carnivals, charitable events, grand openings,
holiday sales, parades, promotional sales, etc.). Special event signs may only include
inflated display signs and banners. Balloons, pennants, and streamers may be attached
to approved signs.
4. Design
Banners shall not exceed 15 feet in length or three feet In height, and may be displayed
on wall or fence areas only.
5. Maintenance
Promotional signs and any attachments must always be maintained in good and
attractive condition and shall be secured so as not to cause any safety hazards or
constitute a nuisance.
6. Location
I Must be located on private property.
June 25, 2019
Page 57 of 69
ARTICLE F. Signs
9-1F-13: Procedures for Sign
and Revocations:
9. _Duration I Maybe in place year
No Temporary Sign Permit shall be required.
1. Number On residentially zoned properties one flagpole per property is allowed
On government owned properties there is no limit to the number of flag poles
On non -residentially zoned properties owned by non-governmental persons or businesses
the maximum number of flag poles is one.
2. Flags A maximum of three flags are allowed per flagpole,
Maintenance Flag must be maintained in_good condition
4. Size In residential zones, the maximum length of a flag is 5 feet.
On non -residentially zoned properties owned by non-governmental persons or
businesses the maximum length of a flag is 8 feet.
On government owned properties there is no limit to the size of flags allowed.
9 1F 13: PROCEDURES FOR SIGN PERMITS, EXEMPTIONS, AND REVOCATIONS:
A. Sign Permits, Types: To ensure compliance with the regulations contained in this Article, a Sign
Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any
permanent or temporary sign or sign structure except for signs exempt from permits in
compliance with Subsection D, below. There are four different types of Sign Permits required
based on the proposed sign type. For all Sign Permit types, an application fora Sign Permit shall
be made in writing on forms provided by the City.
1. Temporary Sign Permit: Section 9-1F-12 outlines requirements for TemporarySigns.
2. Minor Sign Permit:
a. Sign Types: The City
L
requires approval of
a Minor Sign
Permit when the Director's
discretionary review is
required. Sign types
that require a
Minor Sign Permitinclude:
Awning/Canopy Signs
i. Changeable Copy Signs (manual)
ii. Embedded Plaque Signs
iv. Permanent Window Signs
v. Blade/Bracket Signs
vi. Wall -Mounted Signs
lune 25, 2019
Page 58 of 69
ARTICLE F. Signs
9-1F-13: Procedures for Sign Permits, Exemptions, and Revocations:
b. Minor Site Plan Review: The application, approval authority, public hearing and
noticing requirements for a Minor Sign Permit are the same as a Minor Site Plan
Review.
c. Findings: The director may approve Minor Sign Permit only if all the followingfindings
are made:
i. The proposed sign complies with all applicable provisions of this zoning code and
is consistent with the general plan and any applicable specific plan.
ii. The proposed sign, as submitted or modified by conditions of approval is
consistent with the applicable design guidelines.
iii. The proposed sign is architecturally and aesthetically compatible with the major
structures on the subject site and adjacent sites and is compatible with the
character of the established neighborhood and general environment.
iv. Granting the application would not be detrimental or injurious to property or
improvements in the vicinity of the subject site, or to the public health, safety, or
general welfare.
v. The approval of the Minor Sign Permit complies with the California Environmental
Quality Act (CEQA).
3. Major Sign Permit:
a. Sign Types: The City requires approval of a Major Sign Permit when the Planning
Commission's discretionary review is required. Sign types that require a Major Sign
Permit include:
i. Monument Signs
ii. Murals
iii. Relocation of Iconic Signs
iv. Signs that require a Comprehensive Sign Program
v. Electronic Changeable Copy Signs
vi. Marquee Signs
b. Minor Site Plan Review: The application, approval authority, public hearing and
noticing requirements for a Minor Sign Permit are the same as a Minor Site Plan
Review.
June 25, 2019
Page 59 of 69
ARTICLE
E. Signs
the following
findings
9-1F-13:
Procedures for Sign
Permits,
Exemptions, and Revocations:
c. Findings:
The director may approve Minor Sign Permit only if all
the following
findings
are made:
signs that
employ standards that may
differ from the other provisions of
The proposed sign complies with all applicable provisions of this zoning code and
is consistent with the general plan and any applicable specific plan.
The proposed sign, as submitted or modified by conditions of approval is
consistent with the applicable design guidelines.
The proposed sign is architecturally and aesthetically compatible with the major
structures on the subject site and adjacent sites and is compatible with the
character of the established neighborhood and general environment.
v. Granting the application would not be detrimental or injurious to property or
improvements in the vicinity of the subject site, or to the public health, safety, or
general welfare.
v. The approval of the Minot -Sign Permit complies with the California Environmental
Quality Act (CEQA).
4. Creative Sign Permit: The City requires approval of a Creative Sign Permit when requesting
use of creative signs as specified in Subsection B, below.
B. Creative Signs:
1. Purpose. This Subsection establishes standards and procedures for the design, processing,
review, and final determination on creative sign proposals. The purposes of the creative
sign program are to:
a. Encourage signs of unique design that exhibit a high degree of creativity, imagination,
nventiveness, spirit, and thoughtfulness, and that add value to their setting; and
b. Provide a process for the application of sign regulations in ways that will allow
creativelY designed signs that make a positive visual contribution to the overall image
of the City,while mitigating the impacts of otherwise large or unusually designed or
placed signs.
2. Applicability: An
applicant
may request approval of a
Sign Permit for a creative sign to
authorize on-site
signs that
employ standards that may
differ from the other provisions of
this Chapter, but
otherwise
comply with the provisions
of this Subsection.
3. Application
Requirements:
A Sign Permit application for a creative sign
shall include all the
information
and materials
specified by this Subsection and as required
by the Director and
thefiling fee
specified by the
Council's Fee Resolution.
4. Applicable Review Authority:
lune 25, 2019
Page 60 of 69
ARTICLE F. Signs
In
approving an
application for a creative
sign, the
9-1F-13: Procedures
for
Sign
Permits,
Exemptions, and Revocations:
a. A Sign Permit application for a creative sign shall be subject to review and final
determination by the:
Director, when the proposed total sign area is 100 square feet or less; and
Commission, when the proposed total sign area is larger than 100 square feet.
b. Notification for a Sign Permit for a creative sign shall be given in the same manner
specified by this Chapter.
c. The applicant may appeal the denial of a creative sign permit application incompliance
with Section 9 -1C -5-G (Appeals).
5. Design Criteria.
In
approving an
application for a creative
sign, the
Applicable Review
Authority shall
first
ensure that a
proposed sign meets all the
following
design criteria:
a. Design Quality: The sign shall:
i. Constitute a substantial aesthetic improvement to the subject site and shall have
a positive visual impact on all the surrounding areas;
ii. Be of unique design and exhibit a high degree of creativity, imagination,
inventiveness, spirit, and thoughtfulness; and
iii. Provide strong graphic character through the imaginative use of color, graphics,
orientation, placement, proportion, quality materials, scale, and texture.
b. Contextual Criteria: The sign shall contain one or more of the following elements:
i. Classic historical design style;
ii. Creative image reflecting current or historic character of the City; or
. Imaginative
and inventive representation
of the logo,
name, and/or use of the
structure or
business it relates to.
c. Architectural Criteria: The sign shall:
i. Utilize or enhance the unique architectural elements of the structure it relates to;
and
ii. Be placed in a logical location in relation to the overall composition of the
structure's facade and not cover any key architectural features and detailsof the
facade.
d. Neighborhood Impacts: The creative sign shall be carefully designed and placed so as
not to cause undue light and glare impacts on surrounding uses, especially residential
uses.
June 25, 2019
Page 61 of 69
ARTICLE
F. Signs
9-1F-13:
Procedures
for
Sign
Permits,
Exemptions, and Revocations:
C. Sign Permits, Approving Authority: The Director shall review all Sign Permit applications for
conformance with the provisions of this Article. For signs that comply with the provisions of
this Article and do not require discretionary review:
1. The
c ors a approveor enyL e permit application within 30days from the receipt
of a complete application and the applicablefees.
2. Failure of the Director to approveordenythepermitapplicationwithinthe90daysshall
result in the permit beingdenied.
3. If the application is denied, the Director shall notify the applicant with the reasons) stated
for denial. Notification shall be sent first class United States mail to the address provided
on theapplication that shall be considered the correct address. Each applicant has the
burden tofurnish any change of address to the Director, by United States certified mail,
return receipt requested.
4. In the event an application is denied, the applicant may appeal the Director's decision in
compliance with 9 -1C -S -G (Appeals).
D. Exemptions to Sign Permit Requirements: Sign Permits shall not be required for the signs
listed as exempt in this Subsection. Exempt signs shall not be included in the determination
of the total allowable number of signs or total allowable sign area for a site or project.
However, exempt signs shall be required to adhere to the regulations established for each
sign type. Signs erected without complying with the applicable regulations are considered
illegal and shall be removed in compliance with Section 9-1F-19 (Illegal Signs). An exempt sign
may still require a Building Permit, subject to Tile 7 of the Municipal Code (Building
Regulations).
E. Routine maintenance: Painting, repainting, or cleaning of a sign shall not be considered
erecting or altering a sign and therefore shall not require a Sign Permit, unless structural
changes are made.
F. Expiration and Extension of Sign Permit:
1. An approved Sign Permit shall expire 12 months from the date of approval unless the sign
hasbeen installed, ora differentexpiration date is stipulated at the time of approval. Before
the expiration of a Sign Permit, the applicant may apply to the Director for an extension
of up to an additional 12 months from the original date of expiration. In response to an
extension request,the Director may make minor modifications, or deny further extensions.
2. The expiration date of the Sign Permit shall be automatically extended to concur with the
expiration date of the companion Building Permit or other applicable permits.
June 25, 2019
Page 62 of 69
ARTICLE
F. Signs
or revoke a Sign Permit if the permit was issued on
the basis of a
9-1F-14:
Comprehensive
Sign
Program:
G. Revisions to Sign Permit: The Director may approve minor changes to an approved Sign Permit
if the intent of the original approval is not affected. Revisions that would substantially deviate
from the original approval shall require the approval of a new/revised Sign Permit by the
Director.
H. Revocation of Sign Permit:
1. The Director
may, in writing, suspend
or revoke a Sign Permit if the permit was issued on
the basis of a
material omission or misstatement
of fact, or
in violation of any ordinance or
any of the provisions of this Article, or
if the permitted sign
violates any applicable law.
Z. Within
15 days
after issuance
of the written notice, any sign authorized by the
revoked Sign
Permit
shall be
removed.
3. Failure to remove the sign display within the 15 -day period shall be a violation of this
zoning code, and the sign shall be deemed a public nuisance.
I. Appeals: The applicant may appeal the denial of a Sign Permit application in compliance with
9 -1C -5-G (Appeals).
9-1F-14: COMPREHENSIVE SIGN PROGRAM:
A. Purpose: The purpose of a Comprehensive Sign Program is to integrate all a project's signs with
the overall site and structure design into a unified architectural statement. A Comprehensive
Sign Program provides a means for the flexible application of sign regulations for projects that
require multiple signs. Such an approach provides latitude in the design and display of multiple
signs and to achieve, not circumvent, the purpose of this Article. A Comprehensive Sign
Program shall not be used to override the prohibition of new off-site commercial signs specified
in Section 9 -1F -4-H (Off -Site Commercial Sign Regulation).
B. When
Required: The approval of a
Comprehensive Sign
Program shall be required whenever
any of
the following circumstances
exist.
1. Whenever three or more separate tenant spaces
are present on the same
parcel or on
multiple parcels that
are part of a unified shopping
center or similar business
center;
2. Whenever a combination of residential and commercial uses are proposed for the same
site or development proposal;
3. Whenever five or more non-exempt signs are proposed for asingle-tenant development;
4. Whenever signs are proposed to be located on or above the second story on amulti-story
structure, or 30 feet in height;
June 25, 2019
Page 63 of 69
ARTICLE F. Signs
9-1F-14: Comprehensive Sign
5. Whenever a projector parcel has more than 300 linear feet of frontage on a public street;
6. Whenever an existing multi -tenant development of three or more tenants is being
remodeled or rehabilitated to the extent that the value of the work will be greater than 20
percent of the replacement cost of the structure(s), as determined by the Director;
7. A Comprehensive Sign Program for a theater or cinema use may authorize signs that
deviate from the standards of this Article. The Comprehensive Sign Program may allow
marquee signs, brighter lights, and design features not otherwise authorized by this Article
if the sign(s) is/are generally consistent with the purposes of this Article. Approval shall not
be based on message content;
8. Alteration, modification, or relocation of an iconic sign;
9. Whenever the Director determines that a Comprehensive Sign Program is needed because
of special project characteristics (e.g., the size of proposed signs, limited site visibility, a
business within another business, the location of the site relative to major transportation
routes, etc.).
C. Review Authority: The Director is the review authority for a Comprehensive Sign Program.
D. Application Requirements: A Sign Permit application for a Comprehensive Sign Program shall
include all the information and materials required by the Director, and the filing fee set by the
City's Planning Division Fee Schedule. The following minimum information shall be included
with the application:
1. Sign details indicating sign area, dimensions, colors, materials, letter style, proposed letter
height, and method of illumination.
2. Site plan indicating the location of all existing and proposed signs.
3. Building elevations) with sign location depicted and dimensioned.
E. Standards: A Comprehensive Sign Program shall comply with the following standards:
1. The proposed sign program shall comply with the purpose and intent of this Article, any
adopted sign design guidelines, and the overall purpose and intent of this Section.
2. The proposed signs shall enhance the overall development, be in harmony with, and relate
visually to other signs included in the Comprehensive Sign Program, to the structures and
developments they identify, and to surrounding development when applicable.
3. The sign program shall include all signs, including permanent, temporary
, and exempt
signs.
June 25, 2019
Page 64 of 69
ARTICLE F. Signs
9-1F-15: Sian Maintenance:
4. The sign program shall accommodate future revisions that may be required because of
changes in use or tenants.
5. The sign program shall comply with the standards of this Article, except that deviations are
allowed with regard to sign area, total number, location, and height of signs to the extent
thatthe Comprehensive Sign Program will enhance the overall development and will more
fullyaccomplish the purposes and intent of this Article.
6. Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as
prohibited by this Article.
7. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
8. The Director may approve a deviation in sign standards in compliance with Article 9-1C.
9-1F-15: SIGN MAINTENANCE:
A. Maintenance Required. All signs shall always be maintained in a safe, presentable, and
structurally sound condition, including the replacement of defective parts, painting, repainting,
cleaning, and other maintenance activities. Failure to comply with these requirements may
cause the sign to be declared a public nuisance, which shall be removed in compliance with
this Section.
B. Administrative Procedures
far Improperly
Maintained Signs:
Improperly maintained signs shall
be subject to the following
administrative
procedures:
1. Notice of violation shall be sent by first class United States mail to the last known address
of the sign owner and property owner, informing the owners) of the time in which removal
of the sign or repair of condition(s) shall be accomplished.
2. If the sign owners) fails) to remove or repairthe improperly maintained sign, the City shall
send final notice by a method that provides proof of delivery, notifying the owners) that
failure to remove or repair the sign within 30 days shall result in the issuance of a citation
as set forth in the Municipal Code.
3. If the sign owner(s)
doles) not remove or repair the improperly maintained sign within the
30 -day period, the City may apply the remedies identified in Municipal Code Chapters 1-4
(Administrative Citations) and 4-2 (Public Nuisances), in addition to any remedies
otherwise available at law or in equity.
C. Hazardous Signs: If a sign is damaged or not properly maintained to a degree that it poses a
physical danger to persons or property, the following provisions shall apply:
June 25, 2019
Page 65 of 69
ARTICLE F. Signs
9-1F-16: Enforcement:
1. Hazardous Signs Identified: A hazardous sign is a sign that poses a danger to the public or
that could create a potential hazard. Hazardous signs are declared to be a public nuisance
incompliance with Municipal Code Chapter 4-2 (Public Nuisances). The determination that
a sign has become hazardous or unsafe shall consider only the physical condition and
characteristics of the sign, and shall not consider the sign'smessage.
2. Removal of Hazardous Signs: Upon discovering a hazardous condition, the City may cause
the immediate removal of a sign(s) that is a danger to the public due to unsafe conditions.
No hearing shall be required before the removal of any hazardous sign. The City is not
required to give notice of intent to remove the sign(s) prior to removal, but shall endeavor
to do so and shall inform the property, business, and sign owner(s) that the hazardous sign
has been removed within three days following removal, by a method that provides proof
of delivery. See Municipal Code Title 4, Chapter 2 (Nuisances).
9-1F-16: ENFORCEMENT:
The City may withhold the issuance of Business Licenses, Building Permits, Grading Permits, Certificates of
Occupancy, other land use entitlements and may issue stop work orders for a development project failing
tocomply with the provisions of this Article. If the property owner and/or tenant is found to be in violation
of therequirements of this Article, the property owner and/or tenant may be subject to enforcement
procedures incompliance with Municipal Code Title 4 (Law Enforcement).
9-1F-17: NONCONFORMING SIGNS:
A. Continuance of Nonconforming Signs: Except as provided in Subsection 9 -1F -17-B (Repair and
Maintenance) and 9 -1F -17-C (Change of Business Type or Ownership), below, a legal
nonconforming sign may be continued and shall be maintained in good condition as required
by Section 9-1F-15 (Sign Maintenance), but it shall notbe:
1. Structurally changed to another
nonconforming
sign, although its
copy and pictorial
content may be changed.
2. Structurally altered to prolong the life of the sign, except to meet safety requirements.
3. Expanded or altered in any manner that increases the degree of nonconformity.
epairand Maintenance: Nonconformingsignsshall only be painted and repaired in plac
B.
shall not be removed from their existing location unless removal of the sign for painting or
repair is part of the sign's customary maintenance and repair, subject to the review and
confirmation bythe Director.
June 26, 2019
Page 66 of 69
ARTICLE F. Signs
9 -IF -18: Abandoned
C. Change of Business Type or Ownership: Upon a change of ownership, the new owner of a
nonconforming sign may change the name(s) on the sign so long as there is no change in the
structure or configuration of the sign.
D. Removal of Nonconforming Signs:
1. The nonconforming sign shall be removed if it is more than 50 percent destroyed, and the
destruction is other than facial copy replacement. A nonconforming sign shall be deemed
tobe more than 50 percent destroyed if the estimated cost of reconstruction and repair
exceeds 50 percent of the replacement value, immediately before the destruction of the
sign, as determined by the Building Official.
2. The nonconforming sign shall be removed if the sign is remodeled, unless the sign is
remodeled to comply with the provisions of this Article.
3. Nonconforming signs shall be removed when a property is further developed in
compliance with this zoning code.
4. Nonconforming signs shall be removed before the installation of new signs advertising the
same business or any new business on the site.
5. Existing legal off-site signs (i.e., billboards) shall be removed when the property on which
the sign is located is further developed.
6. The nonconforming sign shall be removed if the sign is located on a structure that is to be
enlarged or expanded, if the nonconforming sign is affected by the construction,
enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the
portion of the structure upon which the nonconforming sign is located or that is more
than 50percentofthestructure area shall be deemed toaffectthe nonconforming sign.
7. The nonconforming sign shall be removed if the sign istemporary
9-1F-18: ABANDONED SIGNS:
A. Determination of Abandonment: Conforming and nonconforming signs shall be presumed
abandoned under any of the Iollowing circumstances:
1. The sign identifies or advertises a business that has ceased for more than 90 days;
2. The sign is located upon a structure that has been abandoned by its owner for more than
90 days;
3. The sign pertains to a bona fide business, lessor, service, owner, or product that has been
unavailable upon the site for more than 90days;
June 25, 2019
Page 67 of 69
ARTICLE F. Signs
9-1F-19: fllegal Signs:
4. The sign has not been removed after the occurrence of a temporary event or activity with
an approved Temporary Use Permit in compliance with Municipal Code Title 9 (Zoning
Regulations); or
5. The sign is a hazardous sign that has been removed by the City and has not been recovered
by the owner within the time period specified in Section 9-1F-15 (Sign Maintenance).
B. Removal of Abandoned Signs:
1. An abandoned signoranabandonednonconformingsign shanbeimmediately removed
by the owner or lessee of the premises upon which the sign is located or by a person,
organization, or other entity that directly or indirectly receives a benefit from the
information contained on the sign.
2. A sign frame or structure that has been abandoned shall be immediately removed along
withal) mounting hardware and the building face repaired and repainted by the owner or
lessee of the premises upon which the sign frame or structure is located, subject to the
approval of the Director.
C. Abandoned Signs for Closed Businesses:
1. Abandoned signs shall be promptly removed by the property owner or person responsible
for its installation and/or maintenance. The City may declare such signs to be a public
nuisanceand abate it in compliance with the Business and Professions Code Sections 5499.2
et seq., or City law on abatement of nuisances.
2. Abandoned cabinet signs may be temporarily retained due to new ownership of the
property or by a new tenant, only if the property owner or tenant replaces the cabinet sign
face with aclear, plain sign face or covers the sign in a manner acceptable to the Director.
9-1F-19: ILLEGAL SIGNS:
A. Strict Liability: Violations of this Article shall be treated as a strict liability offense regardless of
intent.
B. Illegal Signs Identified: The following signs are illegal, declared to be a public nuisance, and shall
be subject to the enforcement procedures, as well as the procedures and remedies in
Municipal Code Title 4 (Law Enforcement).
1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved
after the effective date of this Article that does not comply with all applicable provisions
of this Article, including the requirements for a Sign Permit.
v, Duly
Page 68 of 69
ARTICLE F. Signs
9-1F-19: Illegal S
2. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved
before the effective date of this Article or before annexation to the City that failed to
comply with all regulations in effect at the time the sign was erected, placed, posted,
constructed, reconstructed, altered, maintained, or moved.
3. A nonconforming sign that is required to be removed or altered by Subsection 9 -1F -17-D
(Removal of nonconforming signs) and that is not removed or altered in compliance with
Subsection 9 -1F -17-D.
4. Signs with flashing elements that are not deactivated in compliance with Section 9-1F-17
(Nonconforming signs).
5. An abandoned nonconforming sign.
6. An abandoned sign.
lune 25, 2019
Page 69 of 69
ARTICLE G, R-1 ZONE DISTRICT
9 1G 10: R-1 ZONE DISTRICT DESIGNATION:
The R-1 district primarily provides for single-family residential at a low density of up to six dwelling units
per acre, representing many of the existing residential neighborhoods in the city. The R-1 district is applied
to parcels to accommodate existing residential units on land with a predominantly conventional suburban
development pattern and traditional single-family detached residential neighborhoods. The district
generally corresponds to the Low -Density Residential land use designation on the 2050 General Plan land
use map.
9 1G 11: R 1 ZONE DISTRICT LAND USE AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table 9-1G-1 lists the permit requirements and code ferences foreach
land use in Table 9-1G-2. re
Table 9-1G-1
Permit
Requirement Labels for Table 9-1G-2
Label
Permit Requirement Code Section
Y
Permitted Use
A
Accessory to Permitted Use Only
C
Conditional Use Permit
N
Not Permitted
[3, Specific Land Uses: Where the last column in Table 9-1G-2 includes an additional code
reference, the requirements of the referenced section also apply to the use.
Table 9-1G-2
Land Uses and Permit Requirements for Residential Zone Districts
Land Uses or Activities
R-1
Notes/Reference
Accessory buildings or structures
A
9-1F-10
Accessory dwelling units
A
9-1T-13
Animal keeping
A
9-1T-17
Assembly uses: religious facilities, lodges, clubs, cultural centers, etc.
C
Child care home
A
Day care center
C
Educational institutions
C
Home occupations
A
9-1F-16
Off street parking for commercial, manufacturing, or institutional uses
N
Public parks and playgrounds
y
Page 1 of 16
ARTICLE G. R-1 Zone District
9-1G-12: R-1 Zone District Residential Development Standards:
Table 94G-2
Land Uses and Permit Requirements for Residential Zone Districts
Land Uses or Activities
R-1
Notes/Reference
Recreational vehicle parking (open/outdoor parking)
A
Schools (public and private)
C
Notes
Short Term Rentals
N
7,200
Single-family dwellings
Y
Lot Width (feet)
Supportive housing
Y
Lots 120'
Temporary uses
A
or more in
Transitional housing
Y
Transfer stations
C
Wireless communications facilities
C
9-1T-11
Yard Sales
A
4-2D-0
9-1G-12: R-1 ZONE DISTRICT RESIDENTIAL DEVELOPMENT STANDARDS:
Development standards for the R-1 District are shown in Table 9-1G-3 and described below.
Table 9-1G-3
Temple City R-1 Development Standards
Interior
Corner
Lot
Lot
Notes
Lot Area (square feet)
Lot
7,200
7,200
Newly created lot.
Lot Width (feet)
Lot
Lots 120'
Lots 120'
Does not apply to the pole of a flag
or more in
or more in
lot parcel.
width: 60-
width: 60 -
foot
foot
minimum
minimum
Lotsless
Lotsless
than 120'
than 120'
in width:
in width:
50 -foot
50 -foot
minimum
minimum
Cul-de-sac(min.street/at setback)
35/50
50 feet at front yard setback.
Flag lot
80
Access drive/pole width of 20 feet.
November 19, 2019
Page 2 of 16
ARTICLE G. R-1 Zone District
9-1G-12: R-1 Zone District Residential Development Standards:
Table 9-1G-3
Temple City R-1 Development Standards
Interior
Lot
Corner
Lot
Notes
Setbacks
Front (feet)
1st Floor (min.)
20
20
Front setback must be consistent
with the average setback of the
two adjacent houses.
2nd Floor (min.)
20
20
Front setback must be consistent
with the average setback of the
two adjacent houses.
Side (feet)
1st Floor (min. / % lot width)
5/10%
10/10%
10 feet or 10% of the lot width on
corner lots adjacent to a street
(not corner interior side).
2nd Floor (min. / total)
5/15
10/20
10 feet on corner lots adjacent to a
street or 20 feet total (not corner
interior side).
Rear (feet)
1st Floor (min.)
15
15
2nd Floor (min,)
20
20
Maximum Building Height (feet)
< 75 -foot lot width (principal
structure)
28
28
The maximum top plate height for
a two-story, single-family house is
23 feet.
> 75 -foot lot width (principal
structure)
32
32
Flag Lots, Front Lots, Tiered Lots,
and Lots with less than 35' of
frontage on a public street. (ft.)
18
-
Single story only,
Accessory Building
15
15
Floor Area Ratio
< 18 -ft. Building Height
> 18 -ft. Building He
0.35
0.35
Maximum FloorArea2
Dwelling, first floor (sq. ft.)
3,300
31300
Additional 700 square feet can be
granted if incentives are met.
Dwelling, second floor (percent)
0.75
-
Of first floor and garages.
2 -car garage (sq. ft.)
400
400
3 -car garage (sq. ft.)
600
600
Plus FAR incentives
-
See 9-1G-14.
November 19, 2019
Page 3 of 16
ARTICLE G. R-1 Zone District
9-1G-12: R-1 Zone District Residential Development Standards:
Table 9-1G-3
'See Municipal Code Section 9-11 -1U for Accessory uwemng Unii neyuu ellml IL�
2Floor area regulations only apply to two-story houses (see Section 9 -1G -12-E.1). Front -of -the -Lot
Temple City R-1 Development Standards
Interior Corner
Lot Lot Notes
Front -of -the -Lot Floor Area Ratio
Lots 80' or
Lots 80' or
Does not apply to flag lots or tiered
less in
less in
lots.
depth = .4
depth = .4
Lots more
Lots more
than 80' in
than 80' in
depth =
depth =
.25
.25
Maximum Lot Coverage
All lots
Maximum lot coverage for all lots
is set by (.275 x lot area) +1,125
Minimum Permeable Surface
< 7,200 sq. ft. Parcel
0.25
0.25
7,200-9,999 sq. ft. Parcel
0.35
0.35
> 10,000 sq. ft. Parcel
0.40
0.40
Minimum Dwelling Width (feet)
25
25
Minimum Main Dwelling Size (square feet)
One Bedroom
800
800
Two Bedrooms
10000
11000
Three Bedrooms
1,200
1,200
More Than Three Bedrooms
+150 each additional bedroom
Distance Between Buildings (feet)
Distance between all 10 10
buildings/structures
Accessory Building Maximum Size (square feet)'
< 1280 sq. ft. main building
640
640
> 1280 sq, ft, main building
50%/1,400
50%/1,400Fbuilldinrgoafrea;
e50% of floor main
max. of 1,400 sq. ft.
FAR
equirements apply to single story structure.
A. Lot Requirements. All newly created lots must have a minimum area of 7,200 square feet.
1. Lot Splits:
a. When the original lot proposed for subdivision is less than 120 feet in width, the
resulting lots must have a minimum dimension of 50 feet.
November 19, 2019
Page 4 of 16
ARTICLE G. R-1 Zone District
9-1G-12: R-1 Zone District Residential Development Standards:
b. When the original lot proposed for subdivision is 120 feet or more in width, the
resulting lots must have a minimum dimension of 60 feet.
2. Flag u
a. Each such subdivision must be limited to the creation of no more than one flag lot.
b. The original existing lotto be subdivided must have a street frontage of at least 80 feet
and a minimum depth of 210 feet.
c. The front lot must have a minimum width of 60 feet.
d. The pole portion of the flag lot must have a mum width of 20 feet and the flag
portion must have a minimum width of 80 feet. No more than 15 feet of the pole may
consist of hardscape. The abutting landscape strip or strips must be irrigated and
landscaped. The driveway must contain decorative brickwork, stamped concrete
and/or landscaped pavers, subject to review and approval of the granting body. No
parking or storage is permitted in the 20 -foot wide pole.
3. Cul -de -Sac: Lots proposed along a private or public cul-de-sac must have a minimum front
property line of 35 feet and must be a minimum of 50 feet wide at the front yard setback.
4. Proposed irregularly shaped parcels must demonstrate adequate building area meeting all
setback and coverage requirements.
B. Yard Setbacks:
1. Front Yard Setbacks: The front yard setback must be the average of the two adjacent
houses. The front yard setback may never be less than 20 feet and at no time will the
required setback be more than 30 feet. The Planning Manager may determine if the entire
block face should be used to determine the required front yard setback when there are
irregularities, such as reverse corner lots, or houses with unusually large setbacks.
2. Side Yard Setbacks:
a. Interior lots must maintain a side yard adjacent to each side lot line of not less than
five feet for the first -story portion of a building or ten percent of the lot width,
whichever is greater. The second -story setback on either side must never be less than
five feet and must not equal less than 15 feet when combined.
b. On a corner lot, the side yard setback next to another lot must be five feet for the first -
story portion of a building or ten percent of the lot width, whichever is greater. The
second -story setback must not be less than five feet on each side and must not equal
less than 20 feet when combined.
ernoer ty, LUl`J
Page 5 of 16
ARTICLE
G. R-1
Zone District
of ten feet away from each other, with no obstructions
from the ground
9-1G-12:
R-1
Zone District Residential
Development
Standards:
c. On the street side, the required side yard of a corner lot must be a minimum of ten
feet.
3. Rear Yard Setbacks: The ground floor of the main structure must maintain a 15 -foot rear
yard setback. The second floor of the main structure must maintain a 20 -foot rear yard
setback.
C. Placement of Buildings:
1. Structures must
be
a minimum
of ten feet away from each other, with no obstructions
from the ground
to
the sky.
2. No portion of any
principal dwelling may be
located in any required
yard area, except as
allowed in Section
9-1N-6 (Encroachments).
D. Minimum Building Width:
1. The main residential dwelling unit must have a width of 25 feet. Attached garages are not
counted in this measurement.
2. An accessory dwelling unit converted from a garage may be less than 25 feet.
E. Maximum Floor Area Ratio:
1. Any two-story, single-family dwelling or single -story dwelling with a height of more than
18 feet must not exceed a floor area ratio (FAR) of 0.35, to a maximum allowable floor area
of 3,300 square feet plus up to 400 net square feet for an attached two -car garage or up
to 600 net square feet for an attached three -car garage. However, the maximum square
footage may be increased by incentive bonuses, as referenced in Table 9-1G-5.
2. The second story of any two-story, single-family dwelling must not exceed 75 percent of
the total floor area of the first floor, including attached garages. The total floor area must
not exceed the calculations in 9 -1G -12-E.1.
3. Front -of -the -Lot FAR:
a. For lots 80 feet or less in depth, the maximum FAR in the front 40 feet must not exceed
4.
b. For lots greater than 80 feet in depth, the maximum FAR in the front 40 feet must not
exceed.25.
cI
Flag lots and tiered lots are exempt from front -of -the -lot FAR requirements.
November 19, 2019
Page 6 of 16
ARTICLE
G.
R-1 Zone District
9-1G-12:
R-1
Zone District Residential
Development
Standards:
d. For purposes of calculating front -of -the -lot FAR, the following areas are included in
FAR:
Areas where the second floor cantilevers out over the first floor and
Porches where the ceiling height is greater than 12 feet are included as FAR.
F. Accessory Structures:
1. Accessory structures are limited to one per lot, including accessory dwelling units, pool
houses, workshops, sheds, and the like, but not including required garages.
2. On lots improved with a main dwelling that is greaterthan 1,280 square feet, the maximum
area for accessory structures on a lot (excluding required parking) must not exceed 1,400
square feet or 50 percent of the living area of the main dwelling, whichever is smaller.
3. On lots improved with a main dwelling that is less than 1,280 square feet, the maximum
area for all accessory structures on a lot (excluding required parking) must not exceed 640
square feet.
4. If either an alley or a utility easement exists along the rear of the lot, not less than 10 feet
of the rear lot line must be maintained free and clear of buildings or structures, except for
a fence with a gate to provide access to the alley or utility easement.
5. If a utility pole is located on the easement, the required opening in the fence or wall must
be located to provide immediate access to the pole.
6. Accessary structures are not permitted in the front yard.
7. An accessory structure of 120 square feet or less, and less than nine feet in height, maybe
V laced within a required side or rear setback, provided there is a minimum of five feet of
setback between the accessory structure and the property line.
8. On a reversed corner lot, an accessory
structure must provide a minimum five-foot setback
to the side and rear property line. A minimum setback of 10 feet must be provided on the
street side yard.
9. On a corner lot, garages must provide a minimum 20 -foot street side and
setback. Except
for accessory dwelling units, all other detached accessory structures on corner lot must
provide a minimum 10 -foot street side yard setback and a minimum fire -foot rear setback.
10. Portable shade structures are prohibited in the front yard and in the corner side yard.
G. Vehicle Parking and Driveways:
inner ly, tiny
Page 7 of 16
ARTICLE G. R-1 Zone District
9-1G-12: R-1 Zone District Residential Development Standards:
1. Each lot or parcel of land in zone R-1 must have—on the same lot or parcel of land—a
minimum of two off-street parking spaces per main dwelling unit. When a garage door is
parallel to the street and at the front of the property, the garage door must be 10 feet
behind the face of the building (not including porches).
2. Each required parking space in a garage must be no less than ten feet wide and 20 feet
long. Tandem parking can be used for the third and additional parking spaces.
3. Vehicles must not park in the front or side yard areas, except on paved driveways.
4. Driveways are limited to a maximum paved width of 16 feet for houses with garage doors
parallel to the street, with two feet clear of obstructions on either side.
5. Driveways are limited to a maximum paved width of 12 feet for houses with garage doors
perpendicular to the street.
H. Landscape and Hardscape Requirements:
1. Hardscape must not exceed ten percent of the front yard. The required driveway area will
not be calculated as hardscape. Turnaround areas as allowed by Section 9 -1E -2-D.7 are
not included in this calculation.
2. A combination of trees, shrubs, and ground cover must be incorporated into landscaping
plans for new houses.
a. One, 36 -inch box tree per 2,500 square feet of lot area must be provided. Fractions
are rounded up from .5 to the nearest whole number. Existing trees onsite that are of
equivalent size may be counted towards this requirement. All other trees should be
24 -inch boxes.
b. Shrubs must be 5 -gallons.
c. Landscape plans must be prepared by a licensed landscaped architect.
3. All landscaped areas and materials must be regularly and properly maintained.
4. Mulch or stone -type materials should be placed between plants as ground cover or
backdrop, not as a replacement for live vegetation. Plants should be spaced so that at
maturity, the plants eventually cover most, if not all, of the mulch or stone material.
5. Artificial turf is limited to no more than 30 percent coverage of the front yard. The front
yard landscaped area must include a minimum of 70 percent of live vegetation.
6. Artificial turf is limited to no more than 30 percent coverage of the rear yard, which must
include a minimum of 70 percent of live vegetation.
November 19, 2019
Page 8 of 16
ARTICLE
G.
R-1
Zone District
door should be no more than four feet wide, and all other
9-1G-12:
R-1
no
Zone District Residential
Development Standards:
7. The use of mounding grasses such as Festuca californica, Festuca rubra, and Carex pansa
are preferred.
8.
are dirt is not permitted within the front yard or visible street side yard. All bare dirt areas
must be finished with a minimum three -inch -thick layer of mulch, organic bark, or earth -
tone -colored rubber bark.
9. Rocks, stones, and pebbles are not to be used near public sidewalks or streets because
they are a slipping hazard.
10. Dry stream beds and areas of decomposed granite must not account for more than 20
percent of the front or rear yard, unless needed to meet low impact development (LID)
requirements.
11. Paved pathways
to
the
front
door should be no more than four feet wide, and all other
pathways should
be
no
more
than three feet wide.
12. No more than 12 feet of the vehicular access to the garage may consist of hardscape; the
remaining four feet on either side must consist of landscaping.
I. Walls and Fences: Design requirements for walls and fences are found in Article N, Site Planning
and General Design Standards.
J. Special Requirements: New dwellings constructed within 500 feet of an arterial street or a
railway must provide a mechanical ventilation system designed to attain enhanced airfiltration
with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency
reporting value (MERV) of 11 or higher as determined by testing methods established by the
American Society Of Heating, Refrigerating And Air -Conditioning Engineers (ASHRAE) standard
52.2, as periodically amended. All such ventilation system equipment and air filters must be
installed, operated, maintained and replaced in a manner consistent with applicable building
code requirements and with the manufacturer's specifications and recommendations.
Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be
utilized where feasible if they can be shown to have a mitigating effect that is equal to or
greater than the enhanced air filtration measures specified herein.
K. Grading and Drainage for New Construction:
1. Where existing drainage flows from adjacent sites, the subject site must continue to accept
cross lot drainage and must not be designed in such a way as to drain toward adjacent
sites. Where existing drainage flows to adjacent sites, the subject site must modified so
that drainage no longer continues to flow to adjacent sites. The subject site must not
create any barriers that prohibit existing drainage flows from adjacent sites. In cases
where compliance with this requirement is deemed not feasible by the City, the Director
November 19, 2019
Page 9 of 16
ARTICLE G. R-1 Zone District
9-1G-13: R-1 Zone District Residential Building Design and Architectural Standards:
may approve modifications to encourage as much onsite infiltration and detention as
feasible.
2. if the proposed finished grade will not alter existing cross lot drainage patterns, the
difference between the grade of the subject site and adjacent sites must be within eight
inches. If the proposed finished grade will alter existing cross lot drainage patterns, the
applicant must demonstrate how the subject property will address existing cross lot
drainage patterns.
9-1G-13: R-1 ZONE DISTRICT RESIDENTIAL BUILDING DESIGN AND
ARCHITECTURAL STANDARDS:
The site design and architectural standards set forth in this chapter apply to all new residential structures,
additions to residential structures, and accessory structures (Including garages) in the R-1 District,
A. Building Facades:
1. For any new residential structure or addition, all sides of the buildings) visible from the
street or other public areas and where the space between two houses or structures is
greaterthan 20 feet should be fully articulated and have elements that contribute to visual
interest and neighborhood character. This includes variation in massing, wall planes, and
roof forms as well as surface articulation such as window and door treatments and
windows.
2. The front entrance of a residential structure must be recessed a minimum of five feet from
the front wall of the house. The front recessed entry or porch area must be covered.
3. No linear wall of a second story may extend more than 24 feet without architectural
articulation or an offset of at least two feet for not less than eight feet.
4. Balconies are only allowed along the front elevation or corner side elevation of a dwelling
facing a public street.
5. Single-family dwellings must have exterior walls of brick, wood, stucco, metal, concrete, or
other similar material. Polished or unfinished metal siding is prohibited.
6. Garages and garage doors must be designed to minimize their appearance. This may
include articulating with panels and/or windows on large planes, using two single -car
garage doors instead of one double -car garage door, and using articulation of the fapade
and roof.
7. All vents, gutters, downspouts, flashing, and electrical panels must be painted to match
the surface to which they are attached, unless concealed or used as a major design
November 19, 2019
Page 10 of 16
ARTICLE G. R-1 Zone District
9-113-13: R-1 Zone District Residential Building Design and Architectural Standards:
element, in which case the color is to be consistent with the overall color scheme of the
building.
B. Windows:
1. Window type, material, shape, and proportion must complement the architectural style of
the building and enhance the articulation and detailing of the fapade.
2. Consistent window and trim styles across elevations should be used.
3. Upper and lower windows should align vertically whenever possible.
4. Windows on the second floor should not be larger than those on the ground level.
5. Any faux shutters should be proportionate to the adjacent window so as to create the
appearance of a real and functional shutter.
C. Roof Design and Materials:
1. Roofs should be designed as part of the overall massing and architectural design. Roof
slopes, massing, materials, and overhangs should be designed and scaled appropriately for
the desired architectural style.
2. Roof materials and calors are important aspects of the overall home design and should be
consistent with the desired architecture.
3. Roof design should enhance the visual interest of the building and break up the massing of
the building.
4. Every single family dwelling must have a full roof that meets Temple City building code
en S. The following types of roof material are not allowed:
a. Glossy or polished surfacing on roofs
b. Corrugated roofs
c. Plastic, PVC, or other types of formed or molded material roofing (does not include
clay or cement the or fiberglass or composition shingles)
d. Painted shingles
5. Chimneys should be exposed as architectural features rather than hidden within a wall
surface.
6. Chimney caps should be decorative and conceal fireplace spark arrestors.
uvCfnner 1`J, LUl`J
Page 11 of 16
ARTICLE
G. R-1
Zone District
9-1G-14:
R-1
Zone district Residential
Design Criteria:
D. Utilities and Mechanical Equipment:
1. Electrical meters, cable boxes, junction boxes, and irrigation controllers should be designed
as an integral part of the building on a rear or side elevation or otherwise screened from
public view.
2. Building forms, fences, trellises, and landscaping should be used to screen aboveground
utility transformers, pull boxes, and termination cabinets, where allowed by utility
providers.
3. Utilities and mechanical equipment should be screened from the public right-of-way and,
to the extent feasible, either painted to match the wall color, enclosed in a cabinet that is
painted to match the wall color, or provided with some other type of decorative screen.
New roof mounted equipment is prohibited unless it is replacing an existing piece of
equipment.
4. New generators, air conditioning units, and condensers are must be located at least ten
feetfrom neighboring bedroom windows. This requirement does not applyto replacement
units.
5. Roof -mounted equipment, including dish antennae, must be screened from view from
public rights-of-way and adjacent properties by materials that are architecturally
compatible with the structure upon which they are mounted. See Chapter7-8 of this code
for small residential rooftop solar energy systems.
9-1G-14: R-1 ZONE DISTRICT RESIDENTIAL DESIGN CRITERIA:
Table 9-1G-4 establishes the criteria for compatibility, intensity, facade treatments, and other design
elements for the R-1 District.
Table 94G-4
Design Criteria for the Single4amily Residential Zone District
Additional Development
Design Criterion R-1 Requirement
Compatibility of Architectural Styles and Character
Proposed construction should have exterior colors, forms, and A
materials that are consistent throughout, visually compatible
with adjacent structures and the surrounding neighborhood,
and applied to all facades.
Design of residential structures must be consistent with local A
and regional architectural styles.
November 19, 2019
Page 12 of 16
ARTICLE
G.
R-1 Zone District
A
9-1G-14:
R-1
Zone district Residential
Design Criteria:
Table 9-1G-4
Design Criteria for the Single -Family Residential Zone District
Additions to residential structures and new accessory
A
of
structures must be designed and constructed to be similar to
the architectural style and building form of the structure to
which they are added, including similar or complementary
color, roof design, and other key architectural features.
Rooflines and roofing materials must be compatible with the
A
architectural style of the residential structure. Use of varying,
uncoordinated rooflines and roofing materials should be
avoided.
Building Facades
The main entrance to a home must be articulated with a roof
A
or porch form. Entrances of residential structures should face
:::
the primary street, except on flag lots.
Window and door design and placement must be consistent
A
with the overall architectural style of the structure and
consistent with all windows/doors visible from the public right-
of-way.
Entrances and windows, not garages, should be the dominant
A
elements of the front fagade.
Scale and Massing
The size, mass, and scale of new dwellings must be visually
compatible with adjacent structures and the surrounding
neighborhood.
Balance the massing and design of the structure(s) so that the
T�q
A
ground level is designed at the human scale, and upper levels
are visually less massive than the ground level.
Building massing should include variations in wall planes
A
(projections and recesses), wall height (vertical relief), and roof
forms and heights to reduce the perceived scale of the
structure.
Site Design and Residential Structure Orientation
Site and building design must maximize the amount of runoff
A
directed to permeable areas and/or maximize stormwater
storage for reuse or infiltration. Projects must use natural
drainage, detention ponds, infiltration pits, and bioswales to
promote infiltration and reduce or prevent off-site runoff.
Grading must be coordinated with the drainage methods of
A
adjacent properties and minimize differences in pad heights
between the subject property and adjacent properties.
v J
Page
13
of
16
ARTICLE
G.
R-1 Zone District
9-1G-14:
R-1
Zone district Residential
Design
Criteria:
Table 94GA
Design Criteria for the Single -Family Residential Zone District
Development should incorporate existing natural features into
A
the overall site design, including significant trees and
vegetation and drainage areas.
Building placement and orientation must be carefully designed
A
to enhance the streetscape, minimize the visibility of garage
doors, retain natural site features, and complement the
existing character of the neighborhood.
Development should incorporate existing natural features into
A
the overall site design, including significant trees and
vegetation and drainage areas.
Decorative paving and/or brickwork, as well as abutting shrubs
A
or vines, are encouraged on all driveways to reduce the visual
impact.
Concrete areas of driveways should be minimized as much as
A
possible. The use of pervious surfaces, such as pervious
concrete or grasscrete, is encouraged on driveways.
Site grading should divert flows to permeable areas and
A
minimize the amount of stormwater leaving the property.
Maximize permeable areas to allow percolation of runoff
A
through such means as biofilters, green strips, and swales.
Landscaping
A
Preserve existing mature trees where feasible on the property.
A
Trees and shrubs should be selected to minimize root problems
A
and be located and spaced to allow for mature, long-term
growth.
The landscape and hardscape palettes should match the
A
architecture of the structure.
Landscaping must be provided along all building elevations and
A
along perimeter walls.
Drought tolerant and native plants should be used for planting
A
of residential areas. Drought tolerant landscaping must include
native water conserving plants.
Succulents should be minimized as a landscaped material and
A
should be used only as an accent with appropriate architectural
styles.
A = Applicable
N/A = Not Applicable
November 19, 2019
Page 14 of 16
ARTICLE G. R-1 Zone District
9-1G-15: R-1 Zone District Incentives for FAR Bonus:
9-16-15: R-1 ZONE DISTRICT INCENTIVES FOR FAR BONUS:
By meeting or exceeding development incentives as described in Table 9-1G-5 below, it may be possible to
obtain architectural/design bonus credits to exceed the maximum permitted square footage. Incentive
bonuses must be considered and awarded as a part of the site plan review process as described in Article
C of this code. Incentives are only provided to new, two-story, single-family houses.
Table 9-1G-5
Incentives for FAR Bonus
Minimum
Elements
Definition
Requirements
Bonus Incentive'
Preservation of mature
Mature trees are
An applicant must
100 square feet for each
trees on residential
defined as trees with a
record a covenant
preserved tree,
property
diameter -at -breast-
demonstrating the
height (DBH) of 19
location of the mature
inches or greater,
tree, that all
reasonable precautions
have been made to
preserve the tree,
trimming of the tree
must be overseen by a
licensed arborist, the
tree must not be
topped, and that the
City must approve of
any removal of the
tree.
Defined Architectural
Defined architectural
Meets professionally
200 square feet.
Style
styles include
recognized aspects of
Craftsman, Spanish
the chosen
Revival, Tudor, Minimal
architectural style as
Traditional with
demonstrated in A_
Colonial Revival, Ranch,
Field Guide to
Split -Level, Storybook,
American House and
Prairie, and Mid-
The Abrams Guide to
American House Styles,
Century Modern.
vUVCm oer ly, LVl`J
Page 15 of 16
ARTICLE G. R-1 Zone District
9-1G-15: R-1 Zone District Incentives for FAR Bonus:
Table 94G-5
Incentives for FAR Bonus
Minimum
Elements
Definition
Requirements
Bonus Incentive'
Attached or detached
An attached or
400 square foot FAR
300 square feet.
garage situated behind
detached garage
exemption for attached
the house and not
means any accessory
two -car garage and 600
readily visible from a
building that is used as
square foot FAR
street'
automobile shelter or
exemption for attached
storage, with a closable
three -car garage; all
access door or doors,
garage parking is to be
on the same lot as the
located behind the
main building and
home and not readily
located behind the
visible from a street to
main building, situated
receive FAR reward.
as to not be visible
from the street.
Note:
1. In no case may the cumulative bonus exceed 700 square feet.
2. For corner lots, the garage must be located in the rear of the property. The garage and the garage door may face the corner side street.
November 19, 2019
Page 16 of 16
ARTICLE G. R-2 ZONE DISTRICT
9 1G 20: R 2 ZONE DISTRICT DESIGNATION:
The R-2 district primarily provides for medium -density, multi -family residential development up to 12
dwelling units per acre. The R-2 district is intended for a mix of single-family houses, duplexes, and small
multi -unit buildings (two stories or less). The district generally corresponds to the Medium -Density
Residential land use designation on the 2050 General Plan land use map.
9-1G-21: R-2 ZONE DISTRICT LAND USE AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table 9-1G-6 lists the permit requirements and code references for
each land use in Table 9-1G-7.
Table 9-1G-6
Permit Requirement Labels for Table 94G-7
Label
Permit Requirement
Code Section
Y
Permitted Use
reference, the
A
Accessory to Permitted Use Only
section also
C
Conditional Use Permit
9-1T-17
N
Not Permitted
B. Specific Land
Uses: Where
the last column
in Table 9-1G-7
Accessory buildings or structures
includes an additional code
reference, the
requirements
of the referenced
section also
apply
to the use.
Table 9-iG-7
Land Uses and Permit Requirements for Residential
Zone Districts
Land Uses or Activities
R -Z
Notes/Reference
Accessory buildings or structures
A
9-1F-10
Accessory dwelling units
A
9-1T-13
Animal keeping
A
9-1T-17
Assembly uses: religious facilities, lodges, clubs, cultural centers, etc.
C
Childcare home
A
Condominiums, two units
N
Condominiums, three or more units
Y
Day care center
C
Educational institutions
C
Home occupations
A
9-1F-13
Multi -Family Housing
Y
June 25, 2019
Page 1 of 18
ARTICLE G.R-2 Zone District
9-1G-22: R-2 Zone District Residential Development Standards:
Table 94G4
Land Uses and Permit Requirements for Residential
Zone Districts
11-2
Notes/Reference
Land Uses or Activities
Public parks and playgrounds
Y
Schools (public and private)
C
Adjacent to
Short Term Rentals
N
Single-family dwellings
Y
Residential
Supportive housing
Y
Temporary uses
A
Transitional housing
Y
71200
Wireless communications facilities
C
Al4-2D-0
9-1T-11
Yard Sales
9-1G-22: R-2 ZONE DISTRICT RESIDENTIAL DEVELOPMENT STANDARDS:
Development standards for the R-2 District are shown in Table 9-1G-8 and described below. Where a
single, detached house is proposed on a lot, the development must comply with the standards of zone R-
1.
Table 94G-8
Temple City R-2 Development
Standards
Not
Adjacent to
Adjacent to
Adjacent to
R-1
R -2/R-3
Residential
Notes
Lot Area (square feet)
Lot size
71200
71200
71200
For a newly created
lot.
Minimum Lot Area Per
3,630
31630
3,630
Dwelling
Maximum density allowed
12
12
12
(du/ac)
Lot Width (feet)
Lot
50
60
60
For newly created
lots
Cul-de-sac (min. street/at
35/50
50 feet at front yard
setback)
setback.
Lot Depth (feet)
June 25, 2019
Page 2 of 18
ARTICLE G.R-2 Zone District
9-1G-22: R-2 Zone District Residential Development Standards:
Table 94G-8
Temple City R-2 Development Standards
Not
E
Adjacent to
Adjacent to
Adjacent to
R-1
R -2/R-3
Residential
Lot (min.)
80
80
80
For newly created
lots.
Cul-de-sac (min.)
80
Setbacks
Front (feet)
1st Floor (min.)
20
20
20
2nd Floor (min.)
20
20
20
Interior Side (feet)
1st Floor (min.)
5
5
5
5 feet for the first
story adjacent to R-1
zone. 5 feet adjacent
to R-2/11-3 zone.
2nd Floor (min.)
5/10
5/10
5/10
An average second
story setback of 10
feet must be
provided, but not less
than five feet.
Corner Side (feet)
1st Floor (min.)
10
10
10
2nd Floor (min.) 10 10 10
An average second
story setback of 10
feet must be
provided.
Rear (feet)
1st Floor (min.)
15
5
5
2nd Floor (min.)
20
10
10
Additional 5 -foot
setback from ground
floor required
setback.
Maximum Building Height (feet)
Building
2 stories or
2 stories or
2 stories or
Whichever is less.
30 feet in
30 feet in
30 feet in
Does not include fully
height
height
height
subterranean
parking.
Accessory Building
15
15
15
Maximum Floor Area Ratio
Dwelling & Attached Garages
0.50
0.50
0.50
Of lot size including
attached garage.
lune 25, 2019
Page 3 of 18
ARTICLE G.R-2 Zone District
9-1G-22: R-2 Zone District Residential Development Standards:
Table 9-1G-8
Temple City 11-2 Development Standards
Adjacent to
R-1
Adjacent to
R -2/R-3
Not
Adjacent to
Residential
Notes
Second Floor Size Compared to
First Floor Size
75%
75%
75%
Maximum Lot Coverage
Dwellings and structures
50%
50%
50%
Minimum Permeable Surface
Dwellings or structures
0.40
0.40
0.40
Does not apply to
projects where all the
parking is
subterranean.
Minimum Gross Floor Area Per Dwelling Unit (square feet)
One Bedroom
750
750
750
Two Bedrooms
900
900
900
Three Bedrooms
1,100
1,000
1,300
More Than Three Bedrooms
+150 each additional bedroom
Distance Between Buildings (feet)
Distance between all
buildings/structures
5
5
5
Minimum Parking Spaces
Resident Parking (per unit)
2
2
2
Ground level must be
in enclosed garage.
Guest Parking (per unit)
0.2
0.2
0.2
Fractions of 0.5 or
more must be
rounded up.
A. Lot Size and Width Requirements:
1. Lot size -For newly created lots, the lot size must be a minimum of 7,200 square feet.
2. Lot width —Each newly created lot must be no less than 50 -feet wide adjacent to an R-1
zoneI and 60 feet wide adjacent to R-2, R-3, and non-residential zones. If the parcel is
located on a cul-de-sac street, there must be a minimum required lot width of 35 feet at
the street and 50 feet at the front yard setback.
3. Lot Depth —Each newly created parcel must have a minimum lot depth of 80 feet.
4. Cul -De -Sac, Flag Lots, and Tiered Lots — Multi -family uses are not allowed on cul-de-sacs,
flag lots, and tiered lots.
June 25, 2019
Page 4 of 18
ARTICLE
G.R-2
Zone District
yard adjacent to the street of not
less than
9-1G-22:
R-2
Zone District Residential
Development
Standards:
B. Yard Setbacks:
1. Front Yard Setbacks:
a. Each lot must maintain a minimum front yard setback of 20 feet in depth.
b. No portion of the building or structure must encroach through a plane projected
from an angle of 60 degrees measured at a height of 12 feet at the required front
setback line.
2. Side Yard Setbacks:
a. Interior lots must maintain a side yard adjacent to each side lot line of not less than
five feet for the first -story portion of the building. For the side yard of an interior side
lot, an average second story setback of 10 feet must be provided, but never less than
five feet.
a. On a
corner lot,
properties must maintain a side
yard adjacent to the street of not
less than
10 feet
for the first -story portion when
adjacent to any zone. The second -
story
setback must
be an average of ten feet.
3. Rear Yard Setbacks: When the property to the rear is zoned R-1, the rear yard setback
must not be less than 15 feet. When the property to the rear is not zoned R-1, the rear
yard setback must not be less than 5 feet. When the property to the rear is zoned R-1,
the second story rear setback must be no less than 20 feet. When the property to the
rear is not zoned R-1, second story rear setback must be no less than 10 feet.
C. Placement of Buildings:
1. Buildings and structures must be a minimum of five feet away from each other, except as
allowed in Section 941N-6 (Encroachments).
2. No portion of any principal dwelling may be located in any required yard area, except as
allowed in Section 9-1N-6 (Encroachments).
D. Maximum Floor Area Ratio:
1. No multiple -family residential project may exceed a total floor area ratio (FAR) of 0.50.
2. The floor area of the second story must not exceed 75 percent of the floor area of the
first story. In calculating the floor area of the ground floor, the definition of floor area
ratio is used.
E. Accessory Structures:
June 25, 2019
Page 5 of 18
ARTICLE
G.R-2
Zone District
9-1G-22:
R-2
Zone District Residential
Development
Standards:
1. Accessory structures are limited to one per site, including pool houses, workshops, sheds,
and the like, but not including required garages or centralized trash enclosures.
2. An accessory structure of 120 square feet or less may be placed within a required side or
rear setback, provided there is a minimum of five feet of setback between the accessory
structure and the property line. The exception is centralized trash enclosures which must
be setback a minimum of two feet from all property lines and a minimum of 15 feet from
any window
3. If either an alley or a utility easement exists along the rear of the lot, not less than 10 feet
of the rear lot line must be maintained free and clear of buildings or structures, except
for a fence with a gate to provide access to the alley or utility easement.
4. Portable shade structures are prohibited in the front yard and in the corner side yard.
F. Vehicle Parking and Driveways:
1. Each lot or parcel of land in zone R-2 must have—on the same lot or parcel of land—a
minimum of two off-street parking spaces per main dwelling unit outside of any required
setback.
2. Garages must be setback 10 feet from the main building elevation.
3. Each required parking space in a garage must be no less than 10 feet wide and 20 feet
long.
4. Tandem parking may only be used for developments with two or more units.
5. Guest parking may not be in the front yard, street side yard, in a required driveway, or a
fire lane. Vehicle parking at grade may not be in the front or side yard areas, except on
paved driveways. "No Parking' signs must be placed conspicuously at the entrance to and
at intervals of not less than 50 feet along every required driveway.
6. For lots with two units, driveways are limited to a maximum paved width of 16 feet. No
more than 12 feet of the vehicular access to the garage may consist of hardscape; the
remaining four feet on either side must consist of landscaping. For lots less than 80 feet
in width only one driveway is allowed. The minimum driveway width will be 10 feet for
sites with 25 or fewer spaces. For sites with more than 25 spaces, the minimum
driveway width is 10 feet wide for each one-way driveway or 20 feet for two-way
driveways. If two driveways are required, the driveways must be placed on opposite
sides of the site. Where a lot abuts an alley, parking access must be from the alleyway
and not from the primary street. If a parcel already has a driveway and a unit is added to
the rear of the parcel, parking access for any new units must be from the alleyway and
not from the primary street or existing driveway.
June 25, 2019
Page 6 of 1S
ARTICLE G.R-2 Zone District
9-1G-22: R-2 Zone District Residential Development Standards:
7. Walkways must not be placed directly adjacent and parallel to driveways, so as to expand
the maximum size of driveways. Walkways parallel to driveways must be placed a
minimum of three feet from the driveway.
8. There must be no more than one driveway per site, unless waived by the Community
Development Director for the project to comply with the Fire or Building Code or in cases
such as through lots, or large developments.
9. Entrances to units should be from open space areas, not from driveways.
G. Landscape and Hardscape Requirements:
1. At a minimum, 25 percent of a parcel must be landscaped. The landscaped area must
include a minimum of 70 percent of live vegetation. Live vegetation includes lawn areas,
shrubs, and flowerbeds and does not include permeable pavers, turf block, or grasscrete.
Z. A minimum of 40 percent of a parcel area must be permeable.
3. Hardscape in the front yard must not exceed the following:
a. On parcels less than 50 feet in width, no more than 40 percent of the front yard may
be hardscape.
b. On parcels 50 to 80 feet in width, no more than 35 percent of the front yard may be
hardscape.
c. On parcels greater than 80 feet in width, no more than 30 percent of the front yard
may be hardscape.
4. Artificial turf is limited to no more than 30 percent coverage of the front yard or the rear
yard.
5. A combination of trees, shrubs, and ground cover must be incorporated into landscaping
plans.
a. Three trees must be at least 36 -inch box trees. All other trees should be 24 -inch
boxes.
b. Shrubs must be 5 -gallons.
c. Landscape plans must be prepared by a licensed landscaped architect.
6. All landscaped areas and materials must be regularly and properly maintained.
lune 25, 2019
Page 7 of 18
ARTICLE G.R-2 Zone District
9-1G-22: R-2 Zone District Residential Development Standards:
7. Mulch or stone -type materials should be placed between plants as ground cover or
backdrop, not as a replacement for live vegetation. Plants should be spaced so that at
maturity, the plants eventually cover most, if not all, of the mulch or stone material.
8. The use of mounding grasses such as Festuca californica, Festuca rubra, and Carex pansa
are preferred.
9. Bare dirt is not permitted within the front yard or visible street side yard. All bare dirt
areas must be finished with a minimum three -inch -thick layer of mulch, organic bark, or
earth -tone -colored rubber bark.
10. Rocks, stones, and pebbles are not to be used near public sidewalks or streets because
they are a slipping hazard.
11. Dry stream beds and areas of decomposed granite must not account for more than 20
percent of the front or rear yard.
12. Paved pathways to the front door should be no more than five feet wide, and all other
pathways should be no more than three feet wide.
13. Landscaping on Projects with Subterranean Parking.
a. Grass, groundcovers, and artificial turf must be at grade. Taller shrubs, grasses, and
other ornamental plants must be at grade or in planters no less than 18 inches in
height. Raised planters should be minimized to the extent feasible. b. For main
courtyards 30 feet or more in width, at least one medium tree with a 24 -foot canopy
or more at maturity must be planted in the main courtyard. For main courtyards less
than 30 feet in width, at least two small trees with a 12 -foot canopy, or more at
maturity, must be provided. Trees must be planted in a minimum three-foot deep
planter (not exceeding 18 inches above finished grade in main courtyards).
b. Medium canopy trees must be planted in an area that is a minimum 18 feet in width
and length or diameter. Small canopy trees must be planted in an area that is a
minimum 10 feet in width and length or diameter.
c. A minimum of three feet in depth is required for tree plantings in courtyards, above
the top plate of subterranean parking.
N. Common Open Space Requirements:
1. Common open space is required for developments with more than two units.
2. A minimum of 20 percent of the lot size must be provided for common open space.
June 25, 2019
Page 8 of 18
ARTICLE
G.R-2 Zone District
9-1G-22:
R-2 Zane District Residential
Development
Standards:
3. Common open space must have a minimum dimension of 30 feet for lots more than 60
feet in width and 20 feet for lots less than 60 feet in width.
4. Common open space includes recreational -leisure areas, private areas (no more than 125
square feet in size), or a combination of both.
5. Common recreational areas must be located on the same property as the residential use
it serves and must be available exclusively for the use of all residents of the development.
6. Private useable open space will be contiguous to the residential units served. Private
open space may be delineated by a wall, fence, hedge no taller than 42 inches in height.
7. All common areas will be developed and professionally maintained in accordance with
approved landscape and irrigation plans,
I. Main Courtyard Requirements:
1. For sites with more than two units and having a width of 50 feet or mare, a main
courtyard must be provided on the lot.
2. The main courtyard must be no less than ten percent of the total lot area and in no case
less than 600 square feet with a minimum width and length of:
a. 15 feet measured parallel to the front and side parcel lines, for lots less than 80 feet
in width; and,
b. 20 feet measured parallel to the front and side parcel lines, for lots greater than or
equal to 80 feet in width.
3. All courtyards must be open to the sky, but may include the following permitted
projections:
a. Eaves may project up to three feet into courtyards.
b. Exterior, unenclosed building elements such as stoops, balconies and open stairs may
encroach three feet into courtyards.
4. If mechanical or utility equipment is placed in courtyards, it must be screened visually
and acoustically and must not encroach into the required courtyard areas. Mechanical or
utility equipment can be in private open space.
5. On lots greater than or equal to 80 feet in width, a minimum of 50 percent of any
courtyard's perimeter must be surrounded by a building. On lots less than 80 feet in
width, any courtyard's perimeter should be surrounded by buildings as much as feasible.
rune v, 2u1y
Page 9 of iS
ARTICLE
G.R-2
Zone District
9-1G-22:
R-2
Zone District Residential
Development
Standards:
6. The main courtyards must be visible and accessible from the sidewalk. Each ground floor
unit must have access to a courtyard. The main courtyard must be visible from the street
with a minimum ten -foot wide opening that is open to the sky. For openings less than 18
feet in width into the main courtyard, the depth of the opening must not exceed twice
the width of the opening.
7. All primary entrances to ground floor units must be accessed from the street frontage or
a courtyard.
8. All courtyards must meet the planting and tree requirements in 9 -1G -22-G.
9. Private open space within a courtyard is limited to a maximum of 125 square feet or 25
percent of the courtyard, whichever is less.
1. Walls and Fences:
1. No fences or walls will be allowed in the front yard, and all walls and fences must be view obstructing.
obstructing.
2. Design requirements for walls and fences are found in Article N, Site Planning and
General Design Standards.
K. Grading and Drainage for Sites with At -Grade Parking:
1. Where existing drainage flows from adjacent sites, the subject site must continue to
accept cross lot drainage and must not be designed in such a way as to drain toward
adjacent sites. The subject site must not create any barriers that prohibit existing
drainage flows from adjacent sites. In cases where compliance with this requirement is
deemed not feasible by the City, the Director may approve modifications to encourage as
much onsite infiltration and detention as feasible.
3. If the proposed finished grade will not alter existing cross lot drainage patterns, the
difference between the grade of the subject site and adjacent sites must be within eight
inches. If the proposed finished grade will alter existing cross lot drainage patterns, the
applicant must demonstrate how the subject property will address existing cross lot
drainage patterns.
L. Additional Requirements: New dwellings constructed within five hundred feet (500') of an
arterial street or a railway must be provided with a mechanical ventilation system designed
to attain enhanced air filtration with the use of air filters that have a filtration efficiency
equivalent to a minimum efficiency reporting value (MERV) of 11 or higher as determined by
testing methods established by the American Society Of Heating, Refrigerating And Air -
Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation
system equipment and air filters must be installed, operated, maintained and replaced in a
lune 25, 2019
Page 10 of 18
ARTICLE
G.R-2
Zone District
(without windows
or entrances)
will not
exceed 50
percent of the first story wall.
9 -SG -23:
R-2
Zone District Residential
Building
Design
and
Architectural
Standards:
manner consistent with applicable building code requirements and with the manufacturer's
specifications and recommendations. Alternative air pollution mitigation measures (e.g.,
setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to
have a mitigating effect that is equal to or greater than the enhanced air filtration measures
specified herein.
M. Trash areas: Trash containers must provide not less than 50 gallons of capacity per dwelling
unit. All containers must be regularly cleaned and maintained and provided with tight fitting
lids. Refuse storage areas will be so located as to be easily accessible for trash pick-up. All
outdoor trash, garbage and refuse containers will be screened on all sides from public view
by a minimum six -foot -high concrete or masonry decorative block wall, and the opening
provided with a gate of a durable wood or comparable material.
N. Accessory storage: A minimum of 60 cubic feet of enclosed accessory storage space must be
provided per dwelling unit
9-1G-23: R-2 ZONE DISTRICT RESIDENTIAL BUILDING DESIGN AND
ARCHITECTURAL STANDARDS:
The site design and architectural standards set forth in this chapter apply to all new residential structures,
additions to residential structures, and accessory structures (including garages) in the R-2 District. Where
a single detached home is proposed on a lot, the development must comply with the residential building
design and architectural standards of the R-1 District,
A. Building Facades:
1. Facade
Treatment:
The maximum total blank wall area
(without windows
or entrances)
will not
exceed 50
percent of the first story wall.
2. For any new residential structure or addition, all sides of the buildings) ble from the
street or other public areas and where the space between two houses or structures is
greater than 20 feet should be fully articulated and have elements that contribute to
visual interest and neighborhood character. This includes variation in massing, wall
planes, and roof forms as well as surface articulation such as window and door
treatments and windows.
3. The front entrance of residential structures must be recessed a minimum of five feet
from the front wall of the unit. The front recessed entry or parch area must be covered.
4. No linear wall of a second story
on a side or corner side yard may extend more than 24
feet without architectural articulation or an offset of at least two feet for not less than
eight feet.
June 25, 2019
Page 11 of 1S
ARTICLE
G.R-2 Zone District
9-1G-23:
R-2 Zone District Residential
Building
Design
and
Architectural
Standards
S. Balconies are only allowed along the front elevation or corner side elevation of a dwelling
facing a public street.
6. Dwellings must have exterior walls of brick, wood, stucco, metal, concrete, or other
similar material. Polished or unfinished metal siding is prohibited.
7. Garages and garage doors must be designed to minimize their appearance. This may
include articulating with panels and/or windows on large planes, using two single -car
garage doors instead of one double -car garage door, and using articulation of the facade
and roof.
8. All vents, gutters, downspouts, flashing, and electrical panels must be painted to match
the surface to which they are attached, unless concealed or used as a major design
element, in which case the color is to be consistent with the overall color scheme of the
building.
9. Cantilevering of an upper floor over a lower floor must be limited to projections of 18
inches and for a width of 8 feet.
B. Windows:
1. Window type, material, shape, and proportion must complement the architectural style
of the building and enhance the articulation and detailing of the fapade.
2. Consistent window and trim styles across elevations should be used.
3. Upper and lower windows should align vertically whenever possible.
4. Any faux shutters should be proportionate to the adjacent window to create the
appearance of a real and functional shutter.
5. Security bars and shutters must be limited to the interior side and rear yard elevations.
C. Roof Design and Materials:
1. Roofs should be designed as part of the overall massing and architectural design. Roof
slopes, massing, materials, and overhangs should be designed and scaled appropriately
for the desired architectural style.
2. Roof materials and colors are important aspects of the overall home design and should
be consistent with the desired architecture.
3. Roof design should enhance the visual interest of the building and break up the massing
of the building.
June 25, 2019
Page 12 of 18
ARTICLE
G.R-2
Zone District
9-1G-24:
R-2
Zone District Residential
Design
Criteria:
4. Each dwelling must have a full roof that meets Temple City building code requirements.
The following types of roof material are not allowed:
a. Glossy or polished surfacing on roofs
b. Corrugated roofs
c. Plastic, PVC, or other types of formed or molded material roofing (does not include
clay or cement tile or fiberglass or composition shingles)
d. Painted shingles
5. Chimneys should be exposed as architectural features rather than hidden within a wall
surface.
6. Chimney caps should be decorative and conceal fireplace spark arrestors.
D. Utilities and Mechanical Equipment:
1. Electrical meters, cable boxes, junction boxes, and irrigation controllers should be
designed as an integral part of the building on a rear or side elevation or otherwise
screened from public view.
2. Building forms, fences, trellises, and landscaping should be used to screen aboveground
utility transformers, pull boxes, and termination cabinets, where allowed by utility
providers.
3. Utilities and mechanical equipment should be screened from the public right-of-way and,
to the extent feasible, either painted to match the wall color, enclosed in a cabinet that is
painted to match the wall color, or provided with some other type of decorative screen.
New roof mounted equipment is prohibited unless it is replacing an existing piece of
equipment.
4. Roof -mounted equipment, including dish antennae, must be screened from view from
public rights-of-way and adjacent properties by materials that are architecturally
compatible with the structure upon which they are mounted. See Chapter 7-8 of this
code for small residential rooftop solar energy systems.
5. All utilities must be placed underground.
9-1G-24: R-2 ZONE DISTRICT RESIDENTIAL DESIGN CRITERIA:
Table 9-1G-9 establishes the criteria for compatibility, intensity, facade treatments, and other design
elements for the R-2 District.
lune 25, 2019
Page 13 of 18
ARTICLE
G.R-2
Zone District
11-2
Additional Development Requirement
9-1G-24:
R-2
Zone District Residential
Design
Criteria:
Table 9-1&9
Design Criteria for the R-2 District
Design Criterion I
11-2
Additional Development Requirement
Compatibility of Architectural Styles and Character
New construction and additions to
A
residential structures should have exterior
colors, forms, and materials that are
consistent throughout, visually compatible
with adjacent structures and the
surrounding neighborhood, and applied to
all facades.
Design of residential structures should be
A
consistent with local and regional
architectural styles.
In areas with identified historic buildings,
A
structures, and sites, the proposed new
development should blend in with and
complement the area's historic character.
Rooflines and roofing materials must be
A
compatible with the architectural style of
the residential structure. Use of varying,
uncoordinated rooflines and roofing
materials should be avoided.
Building Fayades
Multi -building developments will utilize a
A
consistent and stylistically compatible (but
not necessarily identical) palette of scale,
forms, colors, materials, and textures.
The main entrance to a unit must be
A
articulated with a roof or porch form.
Entrances of residential structures should
face the primary street.
Window and door design and placement
A
must be consistent with the overall
architectural style of the structure and
consistent with all windows/doors visible
from the public right-of-way.
Windows or similar openings will be
A
oriented to minimize any direct line -of -
sight into adjacent units.
Entrances and windows, not garages,
A
should be the dominant elements of the
front fagade of each unit
June 25, 2019
Page 14 of 18
ARTICLE
G.R-2
Zone District
R-2
Additional Development Requirement
9-1G-24:
R-2
Zone District Residential
Design
Criteria:
Table 94G-9
Design Criteria for the R-2 District
Design Criterion
R-2
Additional Development Requirement
Scale and Massing
The size, mass, and scale of new dwellings
A
must be visually compatible with adjacent
structures and the surrounding
neighborhood.
Balance the massing and design of the
A
structure(s) so that the ground level is
designed at the human scale, and upper
levels are visually less massive than the
ground level.
Building massing should include variations
A
in wall planes (projections and recesses),
wall height (vertical relief), and roof forms
and heights to reduce the perceived scale
of the structure.
Site Design and Residential Structure Orientation
Common open space must be located at
A
ground level on the same property as the
residential use it serves, will be safely
accessible and available exclusively for the
use of all residents of the development,
and not be located adjacent to driveways.
Building placement and orientation must
A
be carefully designed to enhance the
streetscape, minimize the visibility of
garage doors, retain natural site features,
and complement the existing character of
the neighborhood.
Building orientation must be to the public
A
right of way or to a common shared space
with pedestrian access.
Easily identifiable pedestrian connections
A
should be provided from the
street/sidewalk to key areas within or
adjacent to the site.
Development should incorporate existing
A
natural features into the overall site
design, including significant trees and
vegetation and drainage areas.
June 25, 2019
Page 15 of 18
ARTICLE
G.R-2
Zone District
R-2
Additional Development Requirement
9-1G-24:
R-2
Zone District Residential
Design
Criteria:
Table 9-1G-9
Design Criteria for the R-2 District
Design Criterion
R-2
Additional Development Requirement
Decorative paving and/or brickwork, as
A
well as abutting shrubs or vines, are
encouraged on all driveways to reduce the
visual impact.
Concrete areas of driveways should be
A
minimized as much as possible. The use of
pervious surfaces, such as pervious
concrete or grasscrete, is encouraged on
driveways.
Site and building design must maximize
A
the amount of runoff directed to
permeable areas and/or maximize
stormwater storage for reuse or
infiltration. Projects must use natural
drainage, detention ponds, infiltration pits,
and bioswales to promote infiltration and
reduce or prevent off-site runoff.
Grading must be coordinated with the
A
drainage methods of adjacent properties
and minimize differences in pad heights
between the subject property and
adjacent properties.
Maximize permeable areas to allow
A
percolation of runoff through such means
as biofilters, green strips, and swales.
Landscaping
Preserve existing mature trees where
A
feasible on the property.
Trees and shrubs should be selected to
A
minimize root problems and be located
and spaced to allow for mature, long-term
growth.
The landscape and hardscape palettes
A
should match the architecture of the
structure.
Landscaping must be provided along all
A
building elevations and along perimeter
walls.
Drought tolerant and native plants should
A
be used for planting of residential areas.
June 25, 2019
Page 16 of 18
ARTICLE
G.R-2
Zone District
11-2
Additional Development Requirement
9-1G24:
R-2
Zone District Residential
Design
Criteria:
Table 9-1G-9
Design Criteria for the 11-2 District
Design Criterion
11-2
Additional Development Requirement
Fences and Walls
Fences and walls will be of the same or
A
No fence allowed in the front yard and all
compatible material, in terms of texture
fences must be non -view obstructing.
and quality, as the material and color of
the principal building.
Loading and Storage
Trash enclosures will be constructed of
A
sturdy, durable, opaque materials (with
trash receptacles screened from view.)
lune 2s, 2019
Page 17 of 18
ARTICLE
G.R-2 Zone District
9-1G-24:
R-2 Zone District Residential
Design
Criteria:
Table 94G-9
Design Criteria for the R-2 District
Design Criterion
R-2
Additional Development Requirement
Utility and Mechanical Equipment
All mechanical equipment, meters, and
A
utility transformers will be placed in
locations that are not exposed to view
from the street or will be screened from
view with appropriate landscaping or
architecturally integrated low walls.
Building forms, fences, trellises, and
A
landscaping should be used to screen
aboveground utility transformers, pull
boxes, and termination cabinets, where
allowed by utility providers.
Utility meters should be clustered in
A
readily accessible locations when possible.
Meters should not be placed in areas
designated for landscaping.
Satellite dishes will be located away from
A
public view.
Screening elements will bean integral part
A
of the building's design.
A = Applicable
N/A = Not Applicable
June 25, 2019
Page 18 of 18
ARTICLE G. R-3 ZONE DISTRICT
9 1G 30: R 3 ZONE DISTRICT DESIGNATION:
The R-3 district primarily provides for high-density, multi -family residential development up to 36
dwelling units per acre. The R-3 district is intended for apartment and condominium/townhouse
esidential structures that house multiple dwelling units and may consist of two to three-story buildings.
The district generally corresponds to the High -Density Residential land use designation on the 2050
General Plan land use map.
These areas are multi -family in character, yet retain some of the characteristics of suburban
neighborhoods such as landscaped yards, off-street parking, common open space, shared amenities, and
low building heights (three stories or less). Other compatible uses, such as schools, childcare centers,
parks, and assembly uses, may also locate in areas with this designation.
9-1G-31: R-3 ZONE DISTRICT LAND USE AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table 9-1-G-10 lists the permit requirements and code references for
each land use in Table 9-1G-11.
Table 9 -1G -SO
Permit Requirement Labels for Table 9-1G-11
Label
Permit Requirement
Code Section
y
Permitted Use
9-1F-10
A
Accessory to Permitted Use Only
9-1T-13
C
Conditional Use Permit
9-1T-17
N
Not Permitted
B. Specific Land Uses: Where the last column in Table 9-1G-11 includes an additional code
reference, the requirements of the referenced section also apply to the use.
Table 9-1G-11
Land Uses and Permit Requirements for Residential Zone Districts
Land Uses or Activities
R-3
Notes/Reference
Accessory buildings or structures
A
9-1F-10
Accessory dwelling units
A
9-1T-13
Animal keeping
A
9-1T-17
Assembly uses: religious facilities, lodges, clubs, cultural centers, etc.
C
Childcare home
A
Community care facility, small
A
June 25, 2019
Page i of 18
ARTICLE
G. R-3 Zone District
R-3
Notes/Reference
9-1G-32:
R-3 Zone District Residential
Development
Standards:
Table 9-1G-11
Land Uses and Permit Requirements for Residential Zone Districts
Land Uses or Activities
R-3
Notes/Reference
Condominiums
Y
Where
Daycare homes (Large Family)
C
9-1T-9
Government Offices, Facilities and Parks
Y
comply
Home occupations
A
9-1T-16
Multi -family housing
y
Lot size
Off street parking for R-3 uses
A
101000
Public parks and playgrounds
Y
Schools (public and private)
C
lot.
Short Term Rentals
N
11210
Single-family dwellings
Y
Maximum dwelling units (du per
Supportive housing
y
36
Temporary uses
A
Transitional housing
Y
Wireless communications facilities
C
9-1T-11
9-1G-32: R-3 ZONE DISTRICT RESIDENTIAL DEVELOPMENT STANDARDS:
Development standards
far the R-3
District are shown in Table 9-1G-12
and described below.
Where
a
single detached home is
proposed
on
a lot, the development must
comply
with the standards of
zone R-1.
Residential
Table 9-1G-12
Temple City R-3 Development Standards
Not
Adjacent
Adjacent to
Adjacent to
to R-1
R-2/11-3
Residential
Notes
Lot Area (square feet)
Lot size
10,000
10,000
101000
For a newly created
lot.
Minimum lot area per dwelling
11210
11210
1,210
Maximum dwelling units (du per
36
36
36
acre)
Lot Width (feet)
Existing lot (min.)
50
50
50
Minimum width
needed for multi-
family use.
New interior lot (min.)
80
80
8o
New corner lot (min.)
100
100
100
June 25, 2019
Page 2 of 18
ARTICLE
G. R-3 Zone District
Adjacent
to R-1
Adjacent to
R -2/R-3
9-1G-32:
R-3 Zone District Residential
Development
Standards:
Table 9-1G42
Temple City R-3 Development Standards
Adjacent
to R-1
Adjacent to
R -2/R-3
Not
Adjacent to
Residential
Notes
Lot Depth (feet)
Lot (min.)
80
80
80
Setbacks
Front (feet)
1st Floor (min.)
20
20
20
2nd Floor (min.)
30
20
20
3rd Floor (min.)
40
40
40
Interior Side (feet)
1st Floor (min.)
5
5
5
2nd Floor (min.)
10
Average 10,
no less than
5
Average 10,
no less than
5
3rd Floor (min.) 10 10 10
Corner Side (feet)
1st Floor (min.)
10
10
5
2nd Floor (min.)
10
10
10
3rd Floor (min.)
15
15
10
Rear (feet)
1st Floor (min.)
15
5
5
R-1 to the rear.
2nd Floor (min.)
20
10
5
3rd Floor (min.)
30
20
10
Maximum Building Height (feet)
Building (max.)
3 stories or
40 feet in
height
3 stories or
40 feet in
height
3 stories or
40 feet in
height
Whichever is less.
Does not include
fully subterranean
parking. Height
measured from top
plate of
subterranean
parking to top plate
of residence.
Accessory Building
15
15
15
Dwelling, second and third floors
0.75
0.75
0.75
Of first floor square
feet.
Maximum Lot Coverage
All buildings 0.50
0.50
0.50
Minimum Permeable Surface
June 25, 2019
Page 3 of 18
ARTICLE
G. R-3 Zone District
allowed on
lots
9-1G-32:
R-3 Zone District Residential
Development
Standards:
Table 9-1G42
Temple City R-3 Development Standards
allowed on
lots
greater than 50
Not
New
interior lots must be no less
Adjacent
Adjacent to
Adjacent to
new corner lots
a minimum of
to R-1
11-2/11-3
Residential
Notes
Dwellings or structures
0.20
0.20
0.20
Only applies to
projects
constructed at
grade.
Minimum Gross Floor Area Per Dwelling Unit (square feet)
Bachelor Units
600
600
600
One Bedroom
750
750
750
Two Bedrooms
900
900
900
Three Bedrooms
1,100
1,000
11000
More Than Three Bedrooms
+150 each additional bedroom
Distance Between Buildings (feet)
Distance between all
5
5
5
buildings/structures
Minimum Parking Spaces
Resident Parking (per unit)
2
2
2
Ground level must
be in enclosed
garage.
Guest Parking (per unit)
0.2
0.2
0.2
Fractions of 0.5 or
more must be
rounded up.
A. Lot Size and Width Requirements:
1. Lot size: For newly created lots, the lot size must be a minimum of 10,000 square feet.
For lots in existence at the time of adoption 0f this ordinance, the minimum area per
dwelling unit applies. When the number of units is calculated, fractional units are
rounded down to the nearest whole number.
2. Lot width: Multi -family uses
are only
allowed on
lots
greater than 50
feet in width.
New
interior lots must be no less
than 80
feet wide
antl
new corner lots
a minimum of
100
feet wide.
B. Yard Setbacks:
1. Front Yard Setbacks: Each lot must maintain a minimum front yard setback of 20 feet in
depth for the first story, 30 feet in depth for the second story, and 40 feet in depth for
the third story.
2. Side Yard Setbacks:
June 25, 2019
Page 4 of 18
ARTICLE
G. R-3 Zone District
across the street from a R-1, R-2, or
R-3 zoned property, the first
9-1G-32:
R-3 Zone District Residential
Development
Standards:
a. Interior lots must maintain a side yard adjacent to each side lot line of not less than
five feet for the first story of the building. The second -story setback must be no less
than 10 feet when sharing an interior lot line with a R-1property or an average of 10
feet, but never less than 5 feet when adjacent to any other zone. The third story
setback must be no less than 10 feet for the third -story portion of the building.
bI On a
corner lot,
across the street from a R-1, R-2, or
R-3 zoned property, the first
floor
and second
floor street side yard setback must be
no less than 10 feet and the
third
-floor street
side yard setback must be no less than
15 feet.
c. On corner lots across the street from non-residential zones, the first story street side
setback must be no less than five feet and the second and third story street side
setback must be no less than 10 feet.
3. Rear Yard Setbacks:
a. When the property to the rear is zoned R-1, the first story rear yard setback must be
no less than 15 feet, the second story rear yard setback must be no less than 20 feet,
and the third story rear yard setback must be no less than 30 feet.
b. When the property to the rear is zoned R-2 or R-3, the first story must be no less
than 5 feet, the second story rear yard setback must be no less than 10 feet, and the
third story rear yard setback must be no less than 20 feet.
c. When the property to the rear is non -residentially zoned, the first and second story
rear yard setback must be no less than 5 feet, and the second story rear yard setback
must be no less than 10 feet.
C. Placement of Buildings:
1. Buildings and structures
2. No portion of any principal dwelling may be located in any required and
must be a minimum
of 5 feet away from each other,
except as
allowed in Section 9-1N-6
(Encroachments).
garages
or centralized trash enclosures.
D. Ratio of Ground Floor to Upper Stories: The floor area of upper stories must not exceed 75
percent of the floor area of the ground floor. In calculating the floor area of the ground floor,
the definition of floor area ratio is used.
E. Accessory Structures:
1. Accessory structures
are limited to one
per site,
area, except as
allowed in Section
9-1N-6 (Encroachments).
garages
or centralized trash enclosures.
D. Ratio of Ground Floor to Upper Stories: The floor area of upper stories must not exceed 75
percent of the floor area of the ground floor. In calculating the floor area of the ground floor,
the definition of floor area ratio is used.
E. Accessory Structures:
1. Accessory structures
are limited to one
per site,
including pool houses, workshops, sheds,
and the like, but not
including required
garages
or centralized trash enclosures.
lune 25, 2019
Page 5 of 18
ARTICLE
G. R-3 Zone District
10 feet
of the rear
9-1G-32:
R-3 Zone District Residential
Development
Standards:
2. Accessory structures may not be placed in the required open space area.
3. An accessory structure of 120 square feet or less may be placed within a required side or
rear setback, provided there is a minimum of five feet of setback between the accessory
structure and the property line. The exception is centralized trash enclosures which must
be setback a minimum of two feet from all property lines and a minimum of 10 feet from
any window.
4. If either an
alley or a utility easement exists along the rear of the lot, not less than
10 feet
of the rear
lot line must be maintained
free and clear
of buildings or structures,
except
for a fence
with a gate to provide access
to the alley or
utility easement.
5. On a reversed corner lot, an accessory building may be built to the interior side lot line
when located to the rear of the required side yard, provided that no portion of such
building must be erected closer than five feet to the property line of any abutting lot to
the rear of such reversed corner lot.
6. Portable shade structures are prohibited in the front yard and in the corner side yard.
F. Vehicle Parking and Driveways:
1. Off-street parking standards: Each lot or parcel of land in zone R-3 must have—on the
same lot or parcel of land—a minimum of two off-street parking spaces per dwelling unit
and one unenclosed guest parking space for every 5 units, rounded up at .5 spaces.
Residence parking at grade must be in a garage. Underground parking may be
unenclosed, not in a garage.
2. Subterranean parking is not considered as a story of the building.
3. The top plate of underground parking shall be at natural grade.
4. Off-street parking reduction: For R-3 zoned lots that do not adjoin R-1 zoned lots the off-
street parking standard may be reduced subject to approval by the director. A study that
adequately demonstrates reduced parking demand resulting for transit accessibility or
other factors must be submitted.
5. Each required parking space in a garage must be no less than 10 feet wide and 20 feet
long. Open parking areas may use non-residential parking size standards (8.5 feet by 18
feet) plus 1.5 feet when next to a vertical obstruction.
6. Tandem parking must not be used for guest parking.
7. Guest parking may not be in
the front yard,
street side yard, in a required driveway, or a
fire lane. Vehicle parking at
grade may not
be in the front or
side yard areas, except on
June 25, 2019
Page 6 of 18
ARTICLE
G, R-3 Zone District
parking access must be
from the alleyway and not from the
9-1G-32:
R-3 Zone District Residential
Development
Standards:
paved driveways. No Parkingsigns must be placed conspicuously at the entrance to and
at intervals of not less than 50 feet along every required driveway.
8. For lots with two units, driveways are limited to a maximum paved width of 16 feet. No
more than 12 feet of the vehicular access to the garage may consist of hardscape; the
remaining four feet on either side must consist of landscaping. For lots less than 80 feet
in width only one driveway is allowed. The minimum driveway width will be 10 feet for
sites with 25 or fewer spaces. For sites with more than 25 spaces, the minimum driveway
width is 10 feet wide for each one-way driveway or 20 feet for two-way driveways. If two
driveways are required, the driveways must be placed on opposite sides of the site.
9. When units face a driveway located within a required side yard, a landscaped area of at
least five feet wide must be maintained between any dwelling and the driveway.
Walkways may not encroach more than two feet into this landscaped area.
10. Where a lot abuts an
alley,
parking access must be
from the alleyway and not from the
primary street.
On parcels 50
to 80 feet in width,
no more than 35 percent of the
11. Walkways must not be placed directly adjacent and parallel to driveways, so as to expand
the maximum size of driveways. Walkways parallel to driveways should be placed at
minimum three feet from the driveway.
12. Entrances to residential units should be from a courtyard and not from a driveway.
13. There must be no more than one driveway per site, unless waived by the Community
Development Director for the project to comply with the Fire or Building Code or in cases
such as through lots, or large developments.
G. Landscape AU A
pe Requirements:
1. At minimum, 25 percent of the lot area must be landscaped. The landscaped area must
nclude a minimum of 70 percent of live vegetation. Live vegetation includes lawn areas,
shrubs, and flowerbeds and does not include permeable pavers, turf block, or grasscrete.
Artificial turf is limited to no more than 30 percent coverage of the front yard or the rear
yard.
2. Hardscape in the front yard must not exceed the following:
a. On parcels less than 50 feet in width, no more than 40 per
b. On parcels greater than 80 feet in width, no more than 30 percent of the front yard
may be hardscape.
June Z5, 2019
Page 7 of 18
of the front yard may
be hardscape.
On parcels 50
to 80 feet in width,
no more than 35 percent of the
front yard may
be hardscape.
b. On parcels greater than 80 feet in width, no more than 30 percent of the front yard
may be hardscape.
June Z5, 2019
Page 7 of 18
ARTICLE
G. R-3 Zone District
cover must be incorporated
into landscaping
9-1G-32:
R-3 Zone District Residential
Development
Standards:
3. A combination
of trees, shrubs, and ground
cover must be incorporated
into landscaping
plans.
trees should
be at
least 24 -inch boxes. For projects
a. For projects
built
at grade, three trees must be at
as 36 -inch box
trees. All other
trees should
be at
least 24 -inch boxes. For projects
with below grade
parking, all tree
should be at
least
24 -inch box trees.
b. Shrubs must be a minimum of 5 -gallon.
c. Landscape plans must be prepared by a licensed landscaped architect.
4. All landscaped areas will be developed and professionally maintained in accordance with
approved landscape and irrigation plans.
5. Mulch or stone -type materials should be placed between plants as ground cover or
backdrop, not as a replacement for live vegetation. Plants should be spaced so that at
maturity, the plants eventually cover most, if not all, of the mulch or stone material.
6. The use of mounding grasses such as Festuca californica, Festuca rubra, and Carex pansa
are preferred.
7. Bare
dirt is
not permitted within the front yard or
visible street
side yard. All bare dirt
areas
must
be finished with a minimum three -inch -thick
layer of
mulch, organic bark, or
earth
-tone -colored
rubber bark.
8. Rocks, stones, and pebbles are not to be used near public sidewalks or streets because
they are a slipping hazard.
9. Dry stream beds and areas of decomposed granite must not account for mare than 20
percent of the front or rear yard.
10. Paved pathways
to
the
front
door should be no more
than five feet wide, and all other
pathways should
be
no
more
than three feet wide.
11. Plantings must be at
grade
or in
finished planters not exceeding 18 inches above finished
grade in courtyards or top
plate
of subterranean parking.
12. For courtyards 30 feet or more in width, at least one medium tree with a 24 -foot canopy
or more at maturity must be planted in the courtyard. For courtyards less than 30 feet in
width, at least two small trees with a 12 -foot canopy, or more at maturity, must be
provided. Trees must be planted in a minimum three-foot deep planter (not exceeding 18
inches above finished grade in courtyards).
lune 25, 2019
Page 8 of 18
ARTICLE
G. R-3 Zone District
in depth
is required far tree
9-1G-32:
R-3 Zone District Residential
Development
Standards:
13. Medium canopy trees must be planted in an area that is a minimum 18 feet in width and
length or diameter. Small canopy trees must be planted in an area that is a minimum 12
feet in width and length or diameter.
14. A minimum
of three feet
in depth
is required far tree
plantings
in courtyards, above the
top plate of
subterranean
parking.
development.
H. Common Open Space Requirements:
1. Common open space is required for developments with more than two units.
2. A minimum of 20 percent of the lot size must be provided for common open space.
3. Common open space must have a minimum dimension of 30 feet for lots more than 60
feet in width and 20 feet for lots less than 60 feet in width.
4. Common open space includes recreational -leisure areas, private areas, or a combination
of both.
5. Common recreational
areas must be located
on the same
property as the
residential use
it serves and must be
available exclusively for
the use of all
residents of the
development.
6. Private useable
open space will be contiguous to the
residential
units served.
Private
open space may
be delineated by a wall, fence, hedge no
taller than
42 inches in
height.
7. All common areas will be developed and professionally maintained in accordance with
approved landscape and irrigation plans.
I. Main Courtyard Requirements:
1. Parcels having a width greater than 50 feet in the R-3 district must provide a main
courtyard on the lot.
2. Main courtyards must be no less than ten percent of the total lot area and in no case less
than 1,000 square feet with a minimum width and length of 20 feet measured parallel to
the front and side parcel lines.
3. The main courtyards must be
open to the sky,
but may include the following
permitted
projections:
a. Eaves may project up to three feet into the main courtyard.
bI
Exterior, unenclosed building elements such as stoops, balconies and open stairs may
encroach three feet into the main garden.
June 25, 2019
Page 9 of 1S
ARTICLE G. R-3 Zone District
9-1G-32: R-3 Zone District Residential Development Standards:
4. If mechanical or utility equipment is placed in the main courtyard area, it must be
screened visually and acoustically and must not encroach into the required main
courtyard area. Mechanical or utility equipment can be in private open space.
5. A minimum of 50 percent of the courtyard's perimeter must be enclosed by a building.
6. Courtyards must be visible and accessible from the sidewalk and each ground floor unit.
The view corridor must not be provided from the driveway. Courtyards must be visible
from the street with a minimum ten -foot wide opening that is open to the sky. For
openings less than 18 feet in width into courtyards, the depth of the opening must not
exceed twice the width of the opening.
7. All primary entrances to ground floor units must be accessed from the street frontage or
courtyard.
8. Courtyard areas must meet the planting and tree requirements in 9-1G-32, Section G.
9. Private open space within a courtyard is limited to a maximum of 125 square feet or 25
percent of the courtyard, whichever is less.
1. Walls and Fences:
1. No fences or walls will be allowed in the front yard, and all walls and fences must be view obstructing,
obstructing.
2. Design requirements for walls and fences are found in Article N, Site Planning and
General Design Standards.
K. Grading and Drainage for Sites with At -Grade Parking:
1. Where existing drainage flows from adjacent sites, the subject site must continue to
accept cross lot drainage and must not be designed in such a way as to drain toward
adjacent sites. The subject site must not create any barriers that prohibit existing
drainage flows from adjacent sites. In cases where compliance with this requirement is
deemed not feasible by the City, the Director may approve modifications to encourage as
much onsite infiltration and detention as feasible.
2. If the proposed finished grade will not alter existing cross lot drainage patterns, the
difference between the grade of the subject site and adjacent sites must be within eight
inches. If the proposed finished grade will alter existing cross lot drainage patterns, the
applicant must demonstrate how the subject property will address existing cross lot
drainage patterns. If the proposed finished grade will not alter existing cross lot drainage
patterns, the difference between the grade of the subject site and adjacent sites must be
within eight inches. If the proposed finished grade will alter existing cross lot drainage
June 25, 2019
Page 10 of 18
ARTICLE G. R-3 Zone District
9-1G-33: R-3 Zone district Incentives:
patterns, the applicant must demonstrate how the subject property will address existing
cross lot drainage patterns.
L. Additional Requirements:
1. New dwellings constructed within five hundred feet (500') of an arterial street or a
railway must be provided with a mechanical ventilation system designed to attain
enhanced air filtration with the use of air filters that have a filtration efficiency equivalent
to a minimum efficiency reporting value (MERV) of 11 or higher as determined by testing
methods established by the American Society Of Heating, Refrigerating And Air -
Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such
ventilation system equipment and air filters must be installed, operated, maintained and
replaced in a manner consistent with applicable building code requirements and with the
manufacturer's specifications and recommendations. Alternative air pollution mitigation
measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they
can be shown to have a mitigating effect that is equal to or greater than the enhanced air
filtration measures specified herein.
2. Trash areas: Trash containers must provide not less than 50 gallons of capacity per
dwelling unit. All containers must be regularly cleaned and maintained and provided with
tight fitting lids. All trash storage areas must be located for convenient vehicular access
for pickup. All outdoor trash, garbage and refuse containers will be screened on all sides
from public view by a minimum six -foot -high concrete or masonry decorative block wall,
and the opening provided with a gate of a durable wood or comparable material.
3. Accessory storage: A minimum of 60 cubic feet of enclosed accessory storage space must
be provided per dwelling unit.
9-1G-33: R-3 ZONE DISTRICT INCENTIVES:
Incentives: Table 9-1G-13 incentives are intended to encourage the consolidation of smaller R-3 zoned
ots into larger development sites to achieve the scale and quality of development envisioned for the
area.
Table 9-1G-13
Lot Consolidation Incentives
Number of Lots Consolidated
Incentive
4 to 6 lots
7 or more lots
15%
increase in number of allowable units
10% reduction in guest parking
20% increase in number of allowable units
100l reduction in guest parking
Through the development agreement process, the city may consider other lot consolidation incentive
bonuses such as increased building height, vacation of alleys, reductions in processing fees, in -lieu fees, or
lune ZS, 2019
Page 11 of 18
ARTICLE
G. R-3 Zone District
bonuses may vary on a case by case
basis subject to agreement
between a project applicant and the
city.
9-1G-34:
R-3 Zone District Residential
Building
Design
and
Architectural
Standards:
utility connection fees. The extent of
such
bonuses may vary on a case by case
basis subject to agreement
between a project applicant and the
city.
9 1G 34: R-3 ZONE DISTRICT RESIDENTIAL BUILDING DESIGN AND
ARCHITECTURALSTANDARDS:
es e design and architectural standards set forth in this chapter apply to all new residential structures,
additions to residential structures, and accessory structures (including garages) in the R-3 District. Where
a single detached home is proposed on a lot, the development must comply with the residential building
design and architectural standards of the R-1 District,
A. Building Facades
1. Buildings should be oriented toward the street and common open space. The dwelling
unit(s) nearest the front property line must have a "front elevation" as viewed from the
street and must have a front door situated along the building wall nearest the street. The
front entrance of each residential unit must be recessed a minimum of five feet from the
front wall of the house. The front recessed entry or porch area must be covered.
2. No fapade along a primary street may be longer than 60 feet.
3. For any new residential structure or addition, all sides of the buildings) visible from the
street or other public areas and where the space between two houses or structures is
greater than 20 feet should be fully articulated and have elements that contribute to
visual interest and neighborhood character. This includes variation in massing, wall
planes, and roof forms as well as surface articulation such as window and door
treatments and windows.
4. Balconies are only allowed along the front elevation or corner side elevation of a dwelling
facing a public street.
5. Dwellings must have exterior walls of brick, wood, stucco, metal, concrete, or other
similar material. Polished or unfinished metal siding is prohibited.
6. Garages and garage doors must be designed to minimize their appearance. This may
include articulating with panels and/or windows on large planes, using two single -car
garage doors instead of one double -car garage door, and using articulation of the fagade
and roof.
7. All vents, gutters, downspouts, flashing, and electrical panels must be painted to match
the surface to which they are attached, unless concealed or used as a major design
element, in which case the color is to be consistent with the overall color scheme of the
building.
June 25, 2019
Page 12 of 18
ARTICLE G. R-3 Zone District
9-1G-34: R-3 Zone District Residential Building Design and Architectural Standards:
8. Balconies are not allowed on side or rear elevations facing single-family homes.
9. No exterior stairways are allowed.
10. Cantilevering of an upper floor over a lower floor must be limited to projections of 18
inches and for a width of 8 feet.
B. Windows
1. Window type, material, shape, and proportion must complement the architectural style
of the building and enhance the articulation and detailing of the fagade. Where
appropriate to the architectural style, windows should be inset a minimum of two inches
from the building walls to create shade and shadow detail.
2. Consistent window and trim styles across elevations should be used.
3. Upper and lower windows should align vertically whenever possible.
4. Any faux shutters should be proportionate to the adjacent window to create the
appearance of a real and functional shutter.
C. Roof Design and Materials
1. Roofs should be designed as part of the overall massing and architectural design. Roof
slopes, massing, materials, and overhangs should be designed and scaled appropriately
for the desired architectural style.
2. Portions of
a new building or roof
modification that
are within 30 feet of
an existing
home must
not exceed the height of
the existing home
by more than 6 feet.
material
3. Roof materials and colors are important aspects of the overall home design and should
be consistent with the desired architecture.
4. Roof design should enhance the visual interest of the building and break up the massing
of the building.
5. Each dwelling
a. Glossy or polished surf
must
have a
full roof
that meets Temple
City building code requirements.
The following
types
of roof
material
are not allowed:
acing on roofs
b. Corrugated roofs
c. Plastic, PVC, or other types of formed or molded material roofing (does not include
clay or cement the or fiberglass or composition shingles)
June 25, 2019
Page 13 of 18
ARTICLE G. R-3 Zone District
9-1G-35: Residential Design Criteria:
d. Painted shingles
6. Chimneys should be exposed as architectural features rather than hidden within a wall
surface.
7. Chimney caps should be decorative and conceal fireplace spark arrestors.
D. Utilities and Mechanical Equipment
1. Roof -mounted equipment, including dish antennae, must be screened from view from
public rights-of-way and adjacent properties by materials that are architecturally
compatible with the structure upon which they are mounted. See Chapter 7-8 of this
code for small residential rooftop solar energy systems.
2. New roof mounted equipment is prohibited unless it is replacing an existing piece of
equipment.
3. All utility wires must be placed underground.
9-1G-35: RESIDENTIAL DESIGN CRITERIA:
Table 9-1M-30.5 establishes the criteria for compatibility, intensity, fagade treatments, and other design
elements for the R-3 District,
Table 9-1M-30.5
Design Criteria for the R-3 District
Additional Development
Design Criterion
R-3
Requirement
Compatibility of Architectural Styles and Character
Design of residential structures should be
A
consistent with local and regional architectural
styles.
The size, mass, and scale of new dwellings must be
A
visually compatible with adjacent structures and
the surrounding neighborhood.
In areas with identified historic buildings,
A
structures, and sites, the proposed new
development should blend in with and
complement the area's historic character.
June 25, 2019
Page 14 of 18
ARTICLE G. R-3 Zone District
9-1G-35: Residential Design Criteria:
Table 9410-30.5
Design Criteria for the R-3 District
Additional Development
Design Criterion
R-3
Requirement
Additions to residential structures must be
A
designed and constructed to be similar to the
architectural style and building form of the
structure to which they are added, including similar
or complementary color, roof design, and other key
architectural features.
Rooflines and roofing materials must be
A
compatible with the architectural style of the
residential structure. Use of varying, uncoordinated
rooflines and roofing materials should be avoided.
Window and door design and placement must be
A
consistent with the overall architectural style of the
structure and consistent with all windows/doors
visible from the public right-of-way.
Multi -building developments will utilize a
A
consistent and stylistically compatible (but not
necessarily identical) palette of scale, forms, colors,
materials, and textures.
Building Form and Design
Building placement and orientation must be
A
carefully designed to enhance the streetscape,
retain natural site features and complement the
existing character of the neighborhood.
Balance the massing and design of the structure(s),
A
so that the ground level is designed at the human
scale, and upper levels are visually less massive
than the ground level.
Building massing should include variations in wall
A
planes (projections and recesses), wall height
(vertical relief), and roof forms and heights to
reduce the perceived scale of the structure.
Entrances should serve no more than two units.
A
Building design should focus on individual unit
identity and provide architectural styling to
distinguish from other units.
June 25, 2019
Page 15 of 18
ARTICLE G. R-3 Zone District
9-1G-35: Residential Design Criteria:
Table 94M-30.5
Design Criteria for the 11-3 District
Additional Development
Design Criterion
R-3
Requirement
Building accents such as trellises, arched gates or
A
arbors should be used to provide visual interest
and demarcation to entrances.
Windows or similar openings will be oriented to
A
minimize any direct line -of -sight into adjacent units
or onto private patios or backyards adjoining the
property line.
Site Design and Open Space
Building placement and orientation must be
A
carefully designed to enhance the streetscape,
retain natural site features, and complement the
existing character of the neighborhood.
Building orientation must be to the public right of
way or to a common shared space with pedestrian
A
access.
Common open space will be located at ground
A
level on the same property as the residential use it
serves, will be safely accessible and available
exclusively for the use of all residents of the
development, and not be located adjacent to
driveways.
Easily identifiable pedestrian connections should
A
be provided from the street/sidewalk to key areas
within or adjacent to the site.
Development should incorporate existing natural
A
features into the overall site design, including
significant trees and vegetation and drainage areas.
Concrete areas of driveways should be minimized
A
as much as possible. The use of pervious surfaces,
such as pervious concrete or grasscrete, is
encouraged on driveways.
Site and building design must maximize the
A
amount of runoff directed to permeable areas
and/or maximize stormwater storage for reuse or
infiltration. Projects must use natural drainage,
detention ponds, infiltration pits, and bioswales to
promote infiltration and reduce or prevent off-site
runoff.
lune 25, 2019
Page 16 of 18
ARTICLE G. R-3 Zone District
9-1G-35: Residential Design Criteria:
Table 9-1M-30.5
Design Criteria for the R-3 District
Additional Development
Design Criterion
R-3
Requirement
Grading must be coordinated with the drainage
A
methods of adjacent properties and minimize
differences in pad heights between the subject
property and adjacent properties.
Maximize permeable areas to allow percolation of
A
runoff through such means as biofilters, green
strips, and swales.
Landscaping
Preserve existing mature trees where feasible on
A
the property.
Trees and shrubs should be selected to minimize
A
root problems and be located and spaced to allow
for mature, long-term growth.
Drought tolerant and native plants should be used
A
for planting of residential areas. Drought tolerant
landscaping must include native water conserving
plants.
Landscape and hardscape palettes should match
A
the architecture of the structure.
Landscaping must be provided along all building
A
elevations and along perimeter walls.
Circulation and Parking
New development provides for adequate access
A
and off-street parking arrangements.
Parking structures will be architecturally integrated
A
with the project design and will be screened from
view at street level by architectural detailing,
facade treatment, artwork, landscaping, or similar
visual features to enhance the street facade.
Shared vehicle and pedestrian circulation areas
A
should utilize decorative paving and/or brickwork
for pedestrian ways traversing parking areas or
alongside of vehicular circulation.
Guest parking should occur at the rear of the site
A
when possible and may encroach into the rear
setback.
June 25, 2019
Page 17 of 18
ARTICLE G. R-3 Zone District
9-1G-35: Residential Design Criteria:
Table 94M-30.5
Design Criteria for the R-3 District
Additional Development
Design Criterion
R-3
Requirement
Driveways and walkways must be separated with
A
landscaping or other appropriate treatment.
Fences, Walls, and Enclosures
Fences and walls will be of the same or compatible
A
No fences or walls will be allowed in
material, in terms of texture and quality, as the
the front yard, and all fences and
material and color of the principal building.
walls must be non -view obstructing.
Trash enclosures will be constructed of sturdy,
A
durable, opaque materials (with trash receptacles
screened from view).
Utility and Mechanical Equipment
All mechanical equipment, meters, and utility
A
transformers will be placed in locations that are
not exposed to view from the street or will be
screened from view with appropriate landscaping
or architecturally integrated low walls.
Building forms, fences, trellises, and landscaping
A
should be used to screen aboveground utility
transformers, pull boxes, and termination cabinets,
where allowed by utility providers.
Utility meters should be clustered in readily
A
accessible locations when possible. Meters should
not be placed in areas designated for landscaping.
Satellite dishes should be located away from public
A
view.
A = Applicable
N/A = Not Applicable
lune 25, 2019
Page 18 of 1S
ARTICLE H. MIXED-USE ZONE DISTRICTS
MIXED USE DESIGNATION:
A. Mixed -Use Low;
The Mixed -Use Low (MU -L) District promotes development of mixed-use residential and
etail development with an emphasis on neighborhood serving uses. MU -L is intended to
provide an opportunity for existing, predominantly residentially zoned areas to transition to a
mixed-use area. While the MU -L zone will allow for small scale vertical mixed-use, it is more
likely that future development would have more horizontal mixed-use (street facing
commercial with residential behind), and the potential conversion of homes to non-
esidential uses.
The MU -L Zone provides for a range of smaller to medium scale retail, horizontal mixed-use
developments, and multi -family residential uses up to 20 dwelling units per acre.
Development designed primarily to accommodate vehicular access and parking, and
development that is insensitive or incompatible with the scale and character of the
surrounding residential areas, would be discouraged in this district.
B. Mixed -Use Medium:
The Mixed -Use Medium (MU -M) District is intended to be developed with mix of retail, office,
estaurant uses and residential development in a compact, walkable setting. This designation
encourages multiple family residential of up to 40 dwelling units per acre. Anticipated
commercial and professional land use, as well as residential uses, would be configured in a
vertical or horizontal design. The expectation is that the residential units would be above or
behind the commercial and office land uses and would not gain direct access from Las Tunas
Drive.
Development requirements and design standards of the MU -M district are intended to
promote compatibility with commercial uses while allowing select residential activity, by
addressing vital private/public open space components and provide pedestrian connections
to the downtown district.
9-1H-2: LAND USES AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table 9-11-1
-1 provides the name of the permit, and location of
procedure for the permit, for each land use in Table 9-1H-2.
lune v, tiny
Page 1 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-2: Land Uses and Permit Requh
Table 9-1H-1
Permit Requirement Labels for Table 9-1H-2
Label
Permit Requirement
y
Permitted Use
U
Permitted on Upper Floors Only
A
Accessory to Permitted Use Only
C
Conditional Use Permit
C/U
Conditional Use Upper Floors Only
T
Temporary Use Permit
N
Not Permitted
B. Standards for all
mixed-use zoning district land uses: A conditional use
permit
consistent with
Article C applies
to any land uses in any mixed-use zoning district that
include
one or more of
the following:
use in addition to
all other applicable
provisions of this zoning code.
1. Any land use with a drive through.
2. Any land use with hours of operation after 10:00 PM or before 6:00 AM.
3. Any land use that includes live entertainment.
C. Specific land uses in
mixed-use zoning
districts: Where the last column in Table 9-1H-2
includes an
Additional
Use Requirement Code Reference, the
requirements of the referenced
section will
apply to the
use in addition to
all other applicable
provisions of this zoning code.
Table 9-1H-2
Land Uses and Permit Requirements for Mixed -Use Zone Districts
Land Uses
MU -L
MU -M
Additional
Use
Requirement
Adult Day Health Care Centers
C
C
Adult Oriented Businesses
N
N
See 9-1T-6
Alcohol sales, offsite consumption
N
C
Antique shop (collectibles and items intended for decorating only).
C
C
Any public utility facility
N
C
Assembly uses - religions facilities, lodges, clubs, cultural centers, etc.
N
C
Auto Title Loans
N
N
Bail and surety bond businesses (CUP required).
N
N
Banks, Finance Services and Institutions
C
y
Banquet facility
N
C
Bars
N
C
June 25, 2019
Page 2 of 13
ARTICLE
H. Mixed -Use
MU -L
N
Zone Districts
9-1H-2:
Land Uses
and
Permit Requii
Table 9-11-1-2
Land Uses and Permit Requirements for Mixed -Use Zone Districts
Land Uses
Check Cashing Services
MU -L
N
MU -M
C
Additional
Use
Requirement
Chiropractic or acupuncture office or studio
Y
Y
Government Offices, Facilities and Parks
C
C
Collection facility
N
C
Commercial recreation, indoor - Billiards, bowling alley, skating rink,
children's play spaces, etc.
N
C
Commercial recreation, outdoor -Tennis clubs, batting cage, driving
range, etc.
N
C
Community care facility/large
Y
C
Community garden
T
N
Condominiums, non-residential
N
N
FE
Consignment Store
C
C
Convenience Stores
C
y
Day spas (facials, waxing, skin treatments, and similar services not
including massage).
Y
Y
9-1T-12
Education - Business, trade, vocational school
C
C
Education -Tutoring, fitness, dance, art, martial arts or music classes
>500 square feet
C
C
Education -Tutoring, fitness, dance, art, martial arts, or music classes
<500 square feet
C
C
Education- Day Care, Pre -School, Elementary, Middle, Junior High,
High school, or College/University
C
C
Emergency shelter
N
N
See 9-1T-5
Farmers Market
T
C
Fortune Teller
C
C
Fuel/service station
N
N
Furniture repair and upholstery, fabrics and supplies.
C
Y
Game Arcades (including Internet gaming)
N
C
Gun Shops
N
C
Gymnasiums & health clubs
N
C
Home Occupation
A
A
9-1T-16
Hookah/smoke lounge
N
N
Hospital/medical facility
N
C
Hotel/motel
N
C
Housing for special needs
Y
U
9-1T-3
Karaoke
N
A
Karaoke, primary use
N
N
June 25, 2019
Page 3 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-2: Land Uses and Permit Requirements:
Table 9-1H-2
Land Uses and Permit Requirements for Mixed -Use Zone Districts
Land Uses
MU -L
MU -M
Additional
Use
Requirement
Kennel, indoor
C
C
Kennel, outdoor
C
N
Laundromats
N
C
Library or museum
N
C
Massage business or establishment
C
C
See 9-1T-12
Mixed-use'
Y
Y
Mortuaries and funeral homes.
C
N
Multiple Family Dwelling (standalone)
N'
See R-3 for
development
standards
Multiple Tenant Merchant Mart or Restaurant Use
Office, General
FN
C
Y
Office, Medical
Y
Outdoor sales
C
C
Outpatient Clinics
Parks
C
C
C
C
Parking Lots/Garages (Public and Commercial)
Pawn Shop
C
N
C
N
Personal services (barber/beauty shop, diet/nutrition center,
locksmith, mailbox rental, nail/manicure shop, bicycle sales/repair,
tailor, shoe repair, tanning salon, travel agent)
Y
Y
Pest control and exterminators, retail sales and office, but no storage
of pest control or exterminating contractor vehicles, equipment, or
storage of bulk chemicals or pesticides.
C
Y
Recording Studios
C
C
Restaurant utilizing public parking
N
C
Restaurant with onsite parking
C
Y
Restaurants serving alcohol
N
C
Restaurants, fast food utilizing public parking. Including bakeries, ice
cream shops, delis, coffee and tea stores, and donut shops, that have
seating
N
C
Restaurants, fast food with onsite parking. Including bakeries, ice
cream shops, delis, coffee and tea stores, and donut shops, that have
seating
N
Y
Retail sales, 10,000 square feet or greater
N
C
Retail sales, under 10,000 square feet
Y
Y
Reverse vending machine
A
A
Short term rentals
N
N
June 25, 2019
Page 4 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-3: Mixed -Use Development Standards:
Table 9-1H-2
Land Uses and Permit Requirements for Mixed -Use Zone Districts
'Multi -family
Land Uses
Sidewalk dining cafe
MU -L
A
MU -M
A
Additional
Use
Requirement
9-1T-18
Single Family Residential
y
N
See R-1 for
development
standards
Single room occupancy (SRO) building
N
N
9-1T-4
Storage or shipping container over one hundred twenty (120) square
feet in size or six feet (6) in height.
N
T
Tattoo parlor
N
C
10 du/ac
Thrift stores
C
C
Unattended collection box
N
y
Vehicle - Body Shop
N
N
Vehicle - Full Service or Self -Service Car Wash
N
N
Vehicle - Rental
N
C
Vehicle - Repair
N
C
Vehicle - Sales
N
N
Veterinary Clinic, indoor kennel only
y
y
Veterinary Clinic, outdoor and indoor kennel
C
C
uses are permitted in the MU -M zone only on properties with frontage on Camellia Avenue
and Kauffman Avenue,
9-1H-3: MIXED-USE DEVELOPMENT STANDARDS:
A. Commercial & Residential Development Standards for MU -L and MU -M Districts.:
Development standards for all Mixed -Use Zone Districts are shown in Table 9-1H-3.
Development standards for Single Family Residential Districts are found in the R-1 and R-2
Districts of the City's zoning code. Development standards for Multi -Family Residential
Districts are found in the R-3 District of the City's zoning code.
Table 9-1H-3
Development Standardsfor Mixed -Use Zone Districts
M U -L
M U -M
Development Standards
Min,
Max.
Min,
Max.
Building Intensity
Density
Residential
Floor Area Ratio (FAR)
10 du/ac
20 du/ac
20 du/ac
40 du/ac
June 25, 2019
Page 5 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-3: Mixed -Use Development Standards:
Table 9-11-1-3
Development Standards for Mixed -Use Zone Districts
MU -L MU -M
Development Standards
Min.
Max.
Min,
Max.
Mixed -Use building
None
1.5
1.5
2.0
Multi -Family only
See R-3 Zone
District
Commercial only
0.5
N/A
N/A
Lot Size and Coverage
Lot Size, sq. ft.
P7�5OO
None
10,000
None
Lot Coverage, All buildings
80%
60%
90%
Building Placement
Front setback
25 ft. 1
5 ft.
10 ft,,
Side setback
5 ft.
None
5 ft.
None
Side setback, adjacent to residential
10 ft.
None
10 ft.
None
Rear setback, adjacent to non-residential
5 ft.
None
5 ft.
None
Rear setback, adjacent to a residential zone
15 ft.
None
15 ft.
None
Building Height
Floors
None
3 stories
None
4 stories
Building Height None 45 ft. None 60 ft.
Accessory Structure None 18 ft. None 30 ft.
No parking allowed in setback.
Cafe, public plazas, and similar open-air uses as permitted, are allowed in setback.
On Las Tunas Drive and Temple City Boulevard, 50 percent of a building's street frontage must contain
non-residential uses. Residential uses on the ground floor are permitted if designed with a "walk-up'
entrance.
B. Property Development Standards:
1. Depth of Non -Residential Tenant Spaces: New, non-residential tenant spaces must have
a minimum useable depth of 40 feet along 60 percent of the length of the building
frontage and in no case be less than 20 feet in depth. On a corner lot where storefronts
and commercial uses are required, storefronts and commercial spaces shall turn and
wrap around the corner for a minimum length of 20 feet. Where storefronts and useable
commercial space are not required, storefronts and commercial uses at the ground floor
shall have a minimum depth of 20 feet.
2. Minimum Non -Residential Unit Size: The minimum size of a new non-residential tenant
space is 800 square feet. This requirement applies to units previously subdivided.
3. Ground Floor Height: The minimum height of the ground floor of all non-residential
buildings (including mixed use projects) must be 15 ft. This height will be measured from
June 25, 2019
Page 6 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-3: Mixed -Use Development Standards:
the floor of the first story to the floor of the second story. If there is no second story, the
height shall be measured to the top of the roof.
4. Building Articulation:
a. Facade Treatment: The maximum total blank wall area (without windows or
entrances) will not exceed 30 percent of the first story wall for non-residential and 50
percent for residential.
b. Building Stepbacks: The third floor and higher must be stepped back by a minimum
of 10 feet on all sides of buildings.
5. Screening of Equipment, Refuse Storage and Loading Areas:
a. Exterior Storage Areas, Loading Docks, Loading Areas: All exterior storage areas,
loading docks, and loading areas must be screened from view by a solid fence, wall or
mature landscaped materials whenever possible. When screening of loading docks
and loading areas is not possible, the facilities will be integrated into the overall
design of the building.
b. Mechanical Equipment and Duct Work: All ground, utility and rooftop mechanical
equipment, including dish antennas, must be placed behind a permanent parapet
wall and must be completely screened from all ground-level/public view. Mechanical
equipment must not be exposed on the wall surface of a building. Gutters and
downspouts are not to project from the vertical surface of the building. Vents,
louvres, exposed flashing, tanks, stacks, overhead doors, rolling and "man" service
doors are to be treated in a manner consistent with the color scheme of the building.
Screening elements will be an integral part of the building's design and must be as
high as the highest portion of the equipment or ducting and must be permanently
maintained.
c. Refuse Storage: Within parking district areas, businesses will utilize the common
trash enclosure areas unless specifically permitted to do otherwise by the planning
commission. All outdoor trash, garbage and refuse containers will be screened on all
sides from public view by a minimum six -foot -high concrete or masonry decorative
block wall, and the opening provided with a gate of a durable wood or comparable
material. Refuse storage areas will be located as to be easily accessible for trash pick-
up.
6. Landscaping, Open Space and Lighting:
a. Landscaping: All areas not utilized for building area and/or parking/circulation will be
improved with landscaping and improved pedestrian surfaces. Landscaping consists
of a combination of trees, shrubs, and ground cover with careful consideration given
June 25, 2019
Page 7 of 13
ARTICLE H. Mixed -Use Zone Districts
9-11-1-4: Mixed -Use Design Review:
to the eventual size and spread, susceptibility to disease and pests, durability, and
adaptability to existing soil and climatic conditions. A landscaping and irrigation plan
must be submitted for the review and approval of the Community Development
Director. All planted areas must be surrounded by a concrete curb six inches (6")
above final grade or above asphalt level of the parking lot. However, when such
planted areas are adjacent to a concrete sidewalk, masonry wall or a building, a
raised concrete curb need not be provided in the adjacent area.
b. Open Space, Public: 500 square feet of open space required for projects less than 2
acres, and 1,500 SF of open space requirement for projects greater than 2 acres.
Open space requirement may be satisfied by outdoor dining areas, plazas, or other
useable outdoor use as approved by the Director.
c. Open Space, Private: 100 square feet per dwelling unit will be provided for common
recreational -leisure areas, private areas, or a combination of both. Common
recreational space will be located on the same property as the residential use it
serves and must be available exclusively for the use of all residents of the
development. Private useable open space will be contiguous to the residential units
served and screened for privacy. All common areas will be developed and
professionally maintained in accordance with approved landscape and irrigation
plans.
d. Lighting: All lighting of the building, landscaping, parking lot, or similar facilities, must
be so shielded and directed as to reflect away from adjoining properties, particularly
adjacent R zoned properties. Security lighting fixtures are not to be substituted for
parking lot or walkway lighting fixtures and are restricted to lighting loading, storage
areas, and similar service locations.
9-1H-4: MIXED-USE DESIGN REVIEW:
Exterior Design Review for New Construction, Additions or Expansions to Mixed -Use Sites: Required
Design Criteria: Buildings, additions, or expansions which result in the addition of 100 square feet or mare
of floor area to a mixed-use site will be subject to major site plan pursuant to Section 9 -1C -6-C of the
zoning code.
9-11-1
-5: MIXED-USE DESIGN STANDARDS:
Table
9-1H-4
establishes the criteria
for intensity, building
height,
open space, and other design elements
for all
Mixed -Use
Zone Districts.
Table 9-1H-4
Design Criteria for Mixed -Use Zone Districts
June 25, 2019
Page 8 of 13
ARTICLE H. Mixed -Use Zone Districts
9 -1H -S: Mixed -Use Design Standards:
lune ZS, 2019
Page 9 of 13
Additional
Development
Design Criterion
MU -L
MU -M
Requirement
Compatibility with Adjacent Development
New development and improvements to existing
A
A
properties will be compatible with the existing character,
including the sensitive treatment of perimeter property
lines to mitigate impacts on abutting properties.
In areas with identified historic buildings, structures, and
A
A
sites, the proposed new development or land activity
blends with or complements the historic character.
Windows or similar openings will be oriented to minimize
A
A
any direct line -of -sight into adjacent units or onto private
patios or backyards adjoining the property line.
Balconies are not allowed on side or rear elevations facing
A
A
single-family homes.
Building Fagades
Multi -unit developments or sites with more than one
A
A
building will utilize a consistent or at least stylistically
compatible (but not necessarily identical) palette of scale,
forms, colors, materials, and textures.
Street wall facades will be architecturally enhanced. This
A
A
may be accomplished using arcades, colonnades,
recessed entrances, window details, bays, and variation in
building materials, color, and other details.
The fagade detailing of mixed-use buildings will visually
A
A
differentiate ground -floor uses from upper -story uses.
The base will visibly anchor the building to the ground
with a treatment of higher quality materials. The fagade
detailing of commercial or retail entries will be
differentiated from residential entries.
Design Features
lune ZS, 2019
Page 9 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-5: Mixed -Use Design Standards:
Table 9-11-1-4
Design Criteria for Mixed -Use Zone Districts
Additional
Development
Design Criterion
MU -L
MU -M
Requirement
Private balconies will be screened by translucent or
A
A
opaque materials that shield visibility of personal items
from public view. Storage of items other than chairs,
tables, pots, and plants is not allowed.
All primary ground -floor common entries for individual
A
A
dwelling unit or commercial entries fronting on streets
will be oriented to the street, not to the interior or to a
parking lot.
All glass windows or glass entrances on the first and
A
A
second stories will be either clear or lightly tinted to
maximize pedestrian visibility of building interiors from
the sidewalk area. Mirrored, highly reflective, or densely
tinted glass will be prohibited for use in windows and
entrances.
Projecting features, such as balconies, porches, bays, and
N/A
A
dormer windows will be used to create distinction
between units and provide "eyes" on the street.
Buildings having 100 feet or more of street frontage will
N/A
A
be designed to provide facade articulation and roofs of
varying heights.
Open Space
Open space areas will have no parking, driveway, or right-
A
A
of -way encroachments.
All common areas will be improved as either active or
A
A
passive facilities, with landscaping or hardscape elements
designed to serve the residents of the project.
June 25, 2019
Page 10 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-5: Mixed -Use Design Standards:
Page 11 of 13
Table 9-1H-4
Design Criteria for Mixed -Use Zone Districts
Additional
Design Criterion
Development
MU -L
MU -M
Requirement
Common recreational space will be located on the same
A
A
property as the residential use it serves and will be
available exclusively for the use of all residents of the
development.
Where a rooftop is used for common recreational space,
N/A
A
the rooftop will incorporate landscaping, decorative
paving and materials, and amenities. Rooftop recreational
areas are only allowed on the first or second story.
Mechanical equipment storage areas will not be counted
toward meeting the requirement.
Private useable open space will be contiguous to the
A
A
residential units served and screened for privacy.
Public plazas, pocket parks, outdoor dining, promenades,
N/A
A
public art, and other outdoor public amenities will be
designed to activate ground -floor uses of mixed-use
buildings to engage residents and visitors.
Open spaces will be appropriately landscaped and provide
A
A
adequate shade through the placement of trees or other
shade devices, including umbrellas, awnings, trellises, and
canopies that are integrated into the building or over the
open space.
Circulation and Parking
New development provides for adequate access and off-
A
A
street parking arrangements.
Parking structures will be architecturally integrated with
N/A
A
the project design and will be screened from view at
street level by architectural detailing, facade treatment,
artwork, landscaping, or similar visual features to enhance
the streetfagade.
Page 11 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-5: Mixed -Use Design Standards:
Table 9-11-14
Design Criteria for Mixed -Use Zone Districts
Additional
Development
Design Criterion
MU -L
MU -M
Requirement
Active Transportation
New development will accommodate and facilitate
A
A
alternatives to transportation by automobile, including
bicycle and pedestrian facilities.
All likely pedestrian routes will be identified in the design
A
A
phase and provided for in the development. These include
linkages to individual buildings, neighboring properties
(when compatible), and existing or planned sidewalks
along public roads, as appropriate.
Bicycle and pedestrian circulation facilities will provide
A
A
connections to surrounding uses and to existing/planned
pedestrian and bicycle networks.
Fences and Walls
Fences and walls will be of the same or compatible
A
A
material, in terms of texture and quality, as the material
and color of the principal building.
Loading and Storage
All loading areas and facilities are located at the side or
A
A
rear of a principal building.
Equipment and materials must be stored within
A
A
completely enclosed buildings, unless otherwise
permitted.
Trash enclosures will be constructed of sturdy, durable,
A
A
opaque materials (with trash receptacles screened from
view.)
Utility and Mechanical Equipment
June 25, 2019
Page 12 of 13
ARTICLE H. Mixed -Use Zone Districts
9-1H-5; Mixed -Use Design Standards:
Table 9-1H-4
Design Criteria for Mixed -Use Zone Districts
Additional
Design Criterion
Development
MU -L
MU -M
Requirement
All utility and mechanical equipment will be placed in
A
A
locations that are not exposed to view from the street or
will be screened from view,
Satellite dishes will be located away from public view.
A
A
Screening elements will be an integral part of the
A
A
building's design.
A = Applicable
N/A = Not Applicable
rune ��, tuty
Page 13 of 13
ARTICLE I. COMMERCIAL ZONE DISTRICTS
9-11-1: COMMERCIAL DISTRICT DESIGNATIONS:
A. Neighborhood Commercial: The intent of the Neighborhood Commercial (NC) District is to
provide small-scale retail and service uses for nearby residential areas. Dimensional
requirements and design standards of the NC district are intended to promote compatibility
with surrounding residential areas and accommodate pedestrian use and access. Strip
commercial development, designed primarily to accommodate vehicular access and parking,
and development that is insensitive or incompatible with the scale and character of the
surrounding residential areas, is discouraged in this district.
B. Downtown Core: The intent of the Downtown Core (DC) District is to establish a thriving
pedestrian -oriented commercial and mixed-use district, which concentrates comparative
shopping and service opportunities in a centrally located area along Las Tunas Drive. Buildings
will be located close to the street with vehicle access and driveways discouraged on Las
Tunas Drive.
C. Las Tunas Commercial: The intent of the Las Tunas (LTC) District is to promote a mix of uses
supportive to Temple City residents and to support the Downtown Core. The district would
include medical and professional offices, personal services, and retail. The form and use of
development is compatible with the Downtown Core (DC) District but allows for buildings to
be set back from the street to provide landscaping and public space.
9-11-2: COMMERCIAL LAND USES AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table
9-11-1
provides the
name of the
permit, and location of
procedure for the permit, for
each
an use in Table
Accessory to Permitted Use Only
C
Table 9-1I-1
Permit Requirement Labels for Table 9-11-2
Label
Permit Requirement
Y
Permitted Use
U
Permitted on Upper Floors Only
A
Accessory to Permitted Use Only
C
Conditional Use Permit
C/U
Conditional Use Upper Floors Only
June 25, 2019
Page 1 of 11
ARTICLE I, Commercial Zone Districts
9-11-2: Commercial Land Uses and Permit
Table 9-11-1
Permit Requirement Labels for Table 9-11-2
Label
Permit Requirement
T
Temporary Use Permit
N
Not Permitted
B. Standards for all commercial zoning district land uses
A conditional use permit consistent with Article C of the Zoning Code shall apply to any land
uses in any commercial zoning district that include one or more of the following:
1. Any land use with a drive through.
2. Any land use with hours of operation past 10:00 PM or before 6:00 AM.
3. Any land use that includes live entertainment.
C. Standards for specific land uses in commercial zoning districts
Where the last column in Table 9-11-2 includes an Additional Use Requirement Code
Reference, the requirements of the referenced section shall apply to the use in addition to all
other applicable provisions of this Zoning Code,
Table 9-11-2
Land Uses and Permit Requirements for Commercial Zone Districts
Additional Use
Commercial Land Uses
NC
LTC
DC
Requirement
Adult day health care centers
C
C
N
Adult oriented businesses
N
N
N
9-1T-6
Aerobic, gymnasiums, health clubs, reducing and tanning
salons
C
C
N
Alcohol sales, offsite consumption
C
C
C
Ambulance service
N
N
N
Antique shop (collectibles and items intended for decorating
only),
y
N
N
Any public utility facility for which a building permit is not
required pursuant to the City's building regulations
C
N
N
Assembly uses - religions facilities, lodges, clubs, cultural
centers, etc.
C
C
C/U
June 25, 2019
Page 2 of 11
ARTICLE I. Commercial Zone Districts
9-11-2: Commercial Land Uses and Permit Requirements:
Table 9-11-2
Land Uses and Permit Requirements for Commercial Zone Districts
Commercial Land Uses
NC
LTC
DC
Additional Use
Requirement
Auto title loans
N
N
N
Automobile repair garages (all operations to be conducted
within an enclosed building)
C
C
N
Bail and surety bond businesses
C
C
N
Banks, Finance Services and Institutions
Y
Y
Y
Banquet facility
Cry
C
Bars
C
C
Bowling alley, billiard parlor, and similar indoor recreational
uses.
C
C
Business and professional offices
Y
U
Check cashing services
C
C
N
Chiropractic or acupuncture office or studio
Y
Y
U
Government offices, facilities and parks
C
C
C
Collection facility
C
C
N
Commercial recreation, indoor - Billiards, bowling alley,
skating rink, children's play spaces, etc.
C
C
C
Commercial recreation, outdoor -Tennis clubs, batting cage,
driving range, etc.
N
C
N
Community care facility/large
C
N
N
Community garden
T
N
N
Condominiums, non-residential
N
N
N
Consignment store
Y
Y
C
Convenience stores
C
C
Y
Day spas (facials, waxing, skin treatments, and similar services
not including massage)
C
C
C
Education - Business, trade, vocational school
C
::C=
C/U
Education -Tutoring, fitness, dance, art, martial arts or music
classes where the ratio of students to teachers exceeds 2 to 1
C
C
C
Education -Tutoring, fitness, dance, art, martial arts, or music
classes where the ratio of students to teachers does not
exceed 2 to 1
Y
Y
C
Education- day care, pre-school, elementary, middle, juniorC
high, high school, or college/university
C
N
June 25, 2019
Page 3 of 11
ARTICLE I. Commercial Zone Districts
9-11-2: Commercial land Uses and Permit Requirements:
Table 9-11-2
Land Uses and Permit Requirements for Commercial Zone Districts
June
Commercial Land Uses
Emergency shelter
NC
N
LTC
N
DC
N
Additional Use
Requirement
9-1T-5
Expansion of uses utilizing off-street public parking
N
N
C
Farmers market
T
C
C
Fortune teller
C
C
N
Fuel/service station
C
N
N
Furniture repair and upholstery, fabrics and supplies.
Y
Y
N
Game arcades (including Internet gaming)
C
C
C
Gun shops
C
C
N
Gymnasiums & health clubs
C
C
C
Hookah/smoke lounge
N
N
N
Hospital/medical facility
C
C
N
Hotel/motel
C
C
C
Housing for special needs
N
N
N
9-1T-3
Karaoke
A
A
A
Karaoke, primary use
N
N
N
Kennel, indoor
C
C
C
Kennel, outdoor
N
N
N
Laundromats (coin operated)
C
C
N
Library or museum
C
C
C
Markets, wholesale
N
C
Y
Marijuana facilities and activities
N
N
N
9-1T-10
Massage business or establishment
C
C
N
9-1T-12
Mortuaries and funeral homes
N
N
N
Multiple tenant merchant mart
N
C
C
Office, general
y
y
U
Office, medical
Y
Y
U
25, 2019
Page 4 of 11
ARTICLE I. Commercial Zone Districts
9-1I-2: Commercial Land Uses and Permit Requirements:
Table 9-11-2
Land Uses and Permit Requirements for Commercial Zone Districts
June 25, 2019
0
Commercial Land Uses
INC
LTC
DC
Additional Use
Requirement
Outdoor sales
C
C
C
Outpatient clinics
C
C
N
Parking Lots/garages (public and commercial)
C
C
C
Pawn shop
N
N
N
Personal services (barber/beauty shop, diet/nutrition center,
locksmith, mail box rental, nail/manicure shop, bicycle
sales/repair, tailor, shoe repair, tanning salon, travel agent)
Y
Y
Y
Pest control and exterminators, retail sales and office, but no
storage of pest control or exterminating contractor vehicles,
equipment, or storage of bulk chemicals or pesticides.
Y
Y
U
Recording studios
C
C
C/U
Restaurant utilizing public parking
N
C
C
Restaurant with onsite alcohol consumption
C
C
Y
Restaurant with onsite parking
Y
Y
Y
Restaurants, fast-food utilizing public parking. Including
bakeries, ice cream shops, delis, coffee and tea stores, and
donut shops, that have seating
N
C
C
Restaurants, fast-food with onsite parking. Including bakeries,
ice cream shops, delis, coffee and tea stores, and donut shops,
that have seating
Y
Y
Y
Retail sales, 10,000 square feet or greater
C
C
C
Retail sales, under 10,000 square feet
Y
Y
Y
Reverse vending machine
A
A
A
Sidewalk dining
A
A
A
See standards
in Article 9-1T-
18.
Short Term Rentals
N
N
N
Single room occupancy (SRO) building
N
C
N
Storage or shipping container over one hundred twenty (120)
square feet in size or six feet (G) in height.
T
T
T
Tattoo parlor
C
C
N
Taxidermists.
Y
N
N
Thrift stores
C
C
N
age 5 of 11
ARTICLE I. Commercial Zone Districts
9-11-3: Commercial Develooment Standards:
Table 9-11-2
Land Uses and Permit Requirements for Commercial Zone Districts
Commercial Land Uses
NC
LTC
DC
Additional Use
Requirement
Unattended collection box
Y
Y
N
Vehicle - Body Shop
N
N
N
Vehicle - Full Service or Self -Service Car Wash
C
C
N
Vehicle - Rental
C
C
N
5/15'
Vehicle - Repair
C
C
N
Oz
Vehicle - sales
C
C
N
o3
Veterinary clinic, animal hospitals, and commercial kennels
(indoors only)
Y
Y
N
40'
Veterinary clinic, animal hospitals, and commercial kennels
(outdoors and indoors)
C
C
N
0.755
Wireless Communication Facilities
Maximum front yard setbacks.
5 -foot setback required if the side of the commercial property shares a property line with a residential -zoned property.
15 -foot rear setback required if rear of the commercial property shares a property line with a reside mia l -zoned property.
9-1T-11
9-11-3: COMMERCIAL DEVELOPMENT STAN DARDS:
A. Commercial Development Standards:
Table 9-11-3
Allowed Uses and Permit Requirements for Commercial Zone Districts
Development Standard
NC
LTC
DC
Additional
Development
Requirement
Minimum lot area (square feet)
5,000
5,000
5,000
Lot width, minimum (feet)
50
50
50
Lot depth, minimum (feet)
100
100
100
Building Setbacks
Front, minimum/maximum (feet)
5/10'
5/15'
0/10'
Side, minimum (feet)'
02
Oz
Oz
Rear, minimum (feet)3
03
o3
03
Height, maximum (feet)'
40'
40'
4S'
Site dev. plan
Floor Area Ratios
0.505
0.755
1.05
Maximum front yard setbacks.
5 -foot setback required if the side of the commercial property shares a property line with a residential -zoned property.
15 -foot rear setback required if rear of the commercial property shares a property line with a reside mia l -zoned property.
June 25, 2019
Page 6 of 11
ARTICLE I. Commercial Zone Districts
q -f 1-1- Commercial Development Standards:
Table 9-11-3
Allowed Uses and Permit Requirements for Commercial Zone Districts
7Developmentt
onal
Development Standard NC LTC DC Requiremen
^ No portion of a building may exceed two stories and 30 feet within 20 feet of an R -zone.
s Commercial Unit: No commercial unit shall contain less than eight hundred (800) square feet of floor area.
B. Commercial Property Development Standards
1. Street Frontage Requirements
a. Minimum Street Frontage:
The
minimum street frontage
for any building or tenant in
the DC and LTC Zone is 25
feet.
b. Storefront Appearance: New buildings in the LTC or OC that are more than 50 feet in
width shall be developed in such a way as to appear as individual storefronts not
exceeding 50 feet in width. The differentiation will be achieved through means
including, but not limited to (a) incorporating different architectural styles, (b) using a
variety of design elements (for example windows, doors, pop -outs, recesses, wing
walls, awnings, canopies, and parapets) (c) using different building materials and
colors, and (d) using different sign designs, materials, colors, and illumination.
2. Depth of Non -Residential Tenant Spaces: New, non-residential tenant spaces must have
a minimum useable depth of 40 feet along 60 percent of the length of the building
frontage and in no case be less than 20 feet in depth. On a corner lot where storefronts
and commercial uses are required, storefronts and commercial spaces shall turn and
wrap around the corner for a minimum length of 20 feet. Where storefronts and useable
commercial space are not required, storefronts and commercial uses at the ground floor
shall have a minimum depth of 20 feet.
3. Minimum Ki Residential
Unit Size: The minimum size of a new non-residential tenant
space is 800 square feet. This requirement applies to units previously subdivided.
4. Screening of Equipment, Refuse Storage and Loading Areas:
a. Exterior Storage Areas, Loading Docks, Loading Areas: All exterior storage areas,
loading docks, and loading areas shall be screened from view by a solid fence, wall or
mature landscaped materials whenever possible. When screening of loading docks
and loading areas is not possible, the facilities shall be integrated into the overall
design of the building.
June 25, 2019
Page 7 of 11
ARTICLE I. Commercial Zone Districts
9-11-3: Commercial Development Standards:
b. Mechanical Equipment And Duct Work: All ground and rooftop mechanical
equipment, including dish antennas, shall be placed behind a permanent parapet wall
and shall be completely screened from all ground level view. No mechanical
equipment shall be exposed on the wall surface of a building. Gutters and
downspouts are not to project from the vertical surface of the building. Vents,
louvres, exposed flashing, tanks, stacks, overhead doors, rolling and "man" service
doors are to be treated in a manner consistent with the color scheme of the building.
Screening shall be as high as the highest portion of the equipment or ducting and
shall be permanently maintained.
c. All mechanical heating, air conditioning, refrigeration or similar devices, will be
screened and shall be operated and maintained in such a manner as to meet the
General Sound Level Standards of Section 9-1P-3 of this zoning code, and prevent
smoke, dust, etc., from crossing the property line shared with the R zoned properties.
d. Refuse Storage: Within parking district areas, businesses shall utilize the common
trash enclosure areas unless specifically permitted to do otherwise by the planning
commission. All outdoor trash, garbage and refuse containers shall be screened on all
sides from public view by a minimum six foot (6') high concrete, or masonry
decorative block wall, and the opening provided with a gate of a durable wood or
comparable material. Refuse storage areas shall be so located as to be easily
accessible for trash pick-up.
5. Landscaping, Lighting and Pedestrian Areas:
a. Landscaping: All areas not utilized for building area and/or parking/circulation will be
mproved with landscaping and improved pedestrian surfaces. A minimum of five
percent of the site shall be landscaped.
i. Landscaping shall consist of a combination of trees, shrubs, and ground cover
with careful consideration given to the eventual size and spread, susceptibility to
disease and pests, durability, and adaptability to existing soil and climatic
conditions.
ii. A landscaping and irrigation plan shall be submitted for the review and approval
of the planning manager. All planted areas shall be surrounded by a concrete
curb six inches (6") above final grade or above asphalt level of the parking lot.
However, when such planted areas are adjacent to a concrete sidewalk, masonry
wall or a building, a raised concrete curb need not be provided in the adjacent
area.
b. Lighting: Lighting shall be provided in all parking areas, including loading and storage
areas. Lighting shall be energy-efficient and shielded or recessed so that direct glare
rune 1S, 2019
Page 8 of 11
ARTICLE I. Commercial Zone Districts
9-11-4: Commercial Design Review:
and reflections are confined with the boundaries of the site and shall be directed
downward and away from adjoining properties, particularly adjacent R zoned
properties.
When lighting for new or rehabilitated parking facilities are proposed, a lighting
plan shall be prepared and submitted to the Director for approval. The lighting
pIan shall provide sufficient information to examine the degree to which exterior
night lighting affects an adjacent street, property owner or community. Such plan
shall consider the light source, level of illumination, hours of illumination and
need for illumination in relation to the effects of the lighting on adjacent streets,
and property owners. For uniformity in lighting and prevention of shadows, an
average horizontal luminance level of two (2) foot-candles with a 4:1 uniformity
atio over the surface parking area shall be used.
ii. A photometric plan shall depict the anticipated light levels generated by all
exterior lights across the site and ten feet (10') beyond the property lines. The
standard for which the measurement is taken will be from the property line as
measured at six feet in height or above any boundary wall, whichever is higher. In
no case shall the lighting measurement exceed 0.5 foot-candles.
9-11-4: COMMERCIAL DESIGN REVIEW:
Exterior Design Review for New Buildings, Additions or Expansions: Required Design Criteria: Buildings,
additions, or expansions which result in the addition of one hundred square feet or more of floor area will
be subject to review and approval by the Director consistent with the requirements shown in Table 9-1N-
4, The Director will review plans to ensure they are in accordance with the design guidelines as adopted
by the planning commission and city council.
9-11-5: COMMERCIAL DESIGN STANDARDS:
A. Exterior Design Review For New Building, Additions Or Expansions: Required Design Criteria:
Buildings, additions, or expansions which result in the addition of one hundred (100) square
feet or more of floor area shall be subject to review and approval by the planning commission
consistent with the requirements shown in Table 9-11-4. The planning commission shall
review plans to ensure they are in accordance with the design guidelines as adopted by the
planning commission and city council.
Table 9-114
Design Criteria for Commercial Zoning Districts
Additional
Development
Design Criterion NC LTC DC Requirement
June 25, 2019
Page 9 of 11
ARTICLE I. Commercial Zone Districts
9-11-5: Commercial Design Standards:
June 25, 2019
Page 10 of 11
Table 9-11-4
Design Criteria for Commercial Zoning Districts
Additional
Design Criterion
Development
NC
LTC
DC
Requirement
Compatibility. New development and improvements to
existing properties shall be compatible with the existing
character, including the sensitive treatment of perimeter
A
A
A
property lines to mitigate impacts on abutting properties.
Multiple Buildings—Compatibility. Multi -unit developments
or sites with more than one building will utilize a consistent
or at least stylistically compatible (but not necessarily
A
A
A
identical) palette of scale, forms, colors, materials, and
textures.
Historic Character. In areas with identified historic
buildings, structures, and sites, the proposed new
development or land activity blends with or complements
A
A
A
the historic character.
Alternative Transportation. New development will
accommodate and facilitate alternatives to transportation
A
A
A
by automobile, including bicycle and pedestrian facilities.
Pedestrian Access. All likely pedestrian routes will be
identified in the design phase and provided for in the
development. These include linkages to individual buildings,
A
A
A
neighboring properties (when compatible), and existing or
planned sidewalks along public roads, as appropriate.
Open Spaces. Small public open spaces (e.g., plazas, pocket
parks, and squares) are integrated into projects of sufficient
N/A
A
A
size (i.e., two acres or more).
Access. The development provides for adequate access and
off-street parking arrangements.
A
A
N/A
Driveways. New driveways will not be allowed onto Las
Tunas Drive,
A
A
A
Parking. At grade tuck under parking must not be visible
from the street,
A
A
A
June 25, 2019
Page 10 of 11
ARTICLE I. Commercial Zone Districts
9-11-5: Commercial Design Standards:
Table 9-11-4
Design Criteria for Commercial Zoning Districts
Additional
Development
Design Criterion
NC
LTC
DC
Requirement
Parking in Setbacks. No parking is allowed in the front, side,
A
A
A
or street corner side setback.
Appearance/Parking. The development layout avoids the
appearance of strip commercial development, including the
specific provision that no more than half of any required
A
A
A
parking is located between the public street and the
principal building line.
Parking Screen. Where parking areas are located between a
public street and the principal building, vegetation, walls,
fences, berms, or some combination is used to screen the
A
A
N/A
view from the street to parking areas, except for approved
drives and lot entrances.
Storage. Equipment and materials must be stored within
A
A
A
completely enclosed buildings, unless otherwise permitted.
Fences and Walls. Fences and walls shall be of the same or
compatible material, in terms of texture and quality, as the
A
A
N/A
material and color of the principal building.
Loading. All loading areas and facilities are located at the
A
A
A
side or rear of a principal building.
Waste Containers. Trash enclosures shall be constructed of
sturdy, durable, opaque materials (with trash receptacles
A
A
A
screened from view.)
A = Applicable
N/A =Not Applicable
lune 25, 2019
Page li of 11
ARTICLE J. INDUSTRIAL ZONE DISTRICT
9-1J-1: INDUSTRIAL DESIGNATION:
The intent of the Industrial (IN) Zone District is to permit the manufacture of goods, conduct of research,
analytical businesses, professional services, technology, telecommunications, and distribution of
products.
9 1J 2: INDUSTRIAL USES AND PERMIT REQUIREMENTS:
A. Permit Requirements: Table 9-1J-1 provides the name of the permit, and location of
procedure for the permit, for each land use shown in Table 9-1J-2.
Table 9-1J-1
Permit Requirement Labels for Table 9-1J-2
Label
Permit Requirement
y
Permitted Use
C
Conditional Use Permit
S
Site Plan Review, Minor
N
Not Permitted
B. Standards for Industrial Zone Land Uses: A Conditional Use Permit consistent with Article C
of this Zoning Code will apply to any land uses in industrial zoning districts that include one or
more of the following:
1. Any land use with a drive through.
2. Any land use with hours of operation past 10:00 PM or before 6:00 AM.
3. Any land use that includes live entertainment, except as otherwise provided for in the
municipal code.
4. Any land use that will require outside storage or operation.
C. Standards for Specific Land Uses in Industrial Zones: Where the last column in Table 9-11-2
ncludes an Additional Use Requirement Code Reference, the requirements of the referenced
section will apply to the use in addition to all other applicable provisions of this Zoning Code.
lune 25, 2019
Page 1 of 9
ARTICLE J. Industrial Zone District
9 -IJ -2: Industrial Uses and Permit Requirements:
D. Site Plan: A site plan will be required prior to the issuance of a building permit, or a certificate
of occupancy, if no building permit is required, for the development of any I zone property
which is required to comply with the special development standards as hereinabove set
forth.
Table 9-1J-2
Land Uses and Permit Requirements for industrial Zone District
Permit
Additional Use
Land Uses
Requirement
Requirement
Accessory buildings and structures
y
Adult Oriented Businesses
y
9-1T-6
Automobile assembly, body and fender works, dismantling and
used parts storage when operated and maintained wholly
y
within an entirely enclosed building
Automobile forwarding
y
Automobile painting, providing all painting, sanding and baking
y
will be conducted wholly within an enclosed building
Automobile steam cleaning conducted as a primary use, within
y
an enclosed building
Collection Facility (CUP required in all commercial and Industrial
C
districts and prohibited in all other zones)
Commercial unit or Industrial unit which is shared by more than
C
one independently owned business enterprise
Commercial unit or Industrial unit which is subdivided or split
C
into two (2) or more units
Condominiums, industrial/Industrial
N
Contractors' storage yards
y
Emergency Shelters
y
Laundries, commercial (building less than 5,000 sq. ft.)
y
Lumberyards.
C
Machine shops.
y
Machinery storage yards
y
Industrial uses (building less than 10,000 sq. ft.) that does not
y
use significant amounts of hazardous materials.
Industrial uses of any size that use significant amounts of
C
hazardous materials.
Material recycling plant
C
Off street parking for commercial, Industrial or institutional
C
uses on any R zoned property
Outdoor Storage
T
Packaging businesses, Retail and Personal Services
y
Parcel delivery terminals
C
Public utility service center
y
Short Term Rentals
N
June 25, 2019
Page 2 of 9
ARTICLE J. Industrial Zone District
9-11-3: Industrial Development Standards:
Table 9-1J-2
Land Uses and Permit Requirements for Industrial Zone District
Land Uses
Permit
Additional Use
Additional
Requirement
Requirement
Storage, commercial. Commercial storage (including more than
Development
Development Standard
72 hours parking) of recreational vehicles, transit and
N
Requirement
transportation
I
I/REST
Testing laboratories
y
10,000
Tobacco/e-cigarette store
C
Minimum Lot Width (feet)
Towing service, provided all storage, including any overnight
storage of vehicles, will be behind a six foot (6') high solid wall
y
75
or within a completely enclosed building
Minimum Lot Depth (feet) 100 100
Setbacks'
Transfer, moving and storage of furniture and household goods.
y
10
Truck and trailer rental concerns
y
0
Truck repairing,
overhauling and service
y
(feet)
Truck transportation
yard (except truck terminals)
y
Corner, minimum (feet) 5 10
Truck washing and cleaning
y
0.75 0.5
Unattended Collection Boxes
y
Warehouse, wholesale and storage
y
Welding shops.
y
Wireless Communications Facilities
See Section 9-1T-11
9-1J-3: INDUSTRIAL DEVELOPMENT STANDARDS:
A. Industrial Development Standards:
Table 9-1J-3
Development Standards for Industrial Zone District
Additional
Development
Development Standard
Requirement
I
I/REST
Minimum Lot Area (square feet)
10,000
100000
Minimum Lot Width (feet)
75
75
Minimum Lot Depth (feet) 100 100
Setbacks'
Front, minimum (feet)
5
10
Side, minimum (feet)
0
10
Rear. minimum
(feet)
0
20
Corner, minimum (feet) 5 10
Height, maximum (feet) 50 35
Floor Area Ratio'
0.75 0.5
' Development standards for portions of buildings adjacent to residentially zoned properties. see section B.2 for more standards.
'
Industrial Unit: No Industrial unit will contain la« than <>„an hiindred rift., r,c............... .<<,_
June 25, 2019
Page 3 of 9
ARTICLE J. Industrial Zone District
9-11-3: Industrial Development Standards:
Q. Industrial Property Development Standards: When any lot in the I zone fronts on a street, the
opposite side of which is zoned for R purposes, or abuts any R zoned property, the following
standards will be observed in the construction and maintenance of buildings, structures and
uses to be located thereon:
1. Minimum Non -Residential Unit Size: The minimum size of a new non-residential tenant
space is 800 square feet. This requirement applies to units previously subdivided.
2. Screening of Equipment, Refuse Storage and Loading Areas:
a. Exterior storage areas, loading docks, loading areas: All exterior storage areas,
loading docks, and loading areas will be screened from view by a solid fence, wall or
mature landscaped materials.
b. Mechanical equipment and duct work: All ground and rooftop mechanical
equipment, including dish antennas, will be placed behind a permanent parapet wall
and will be completely screened from all ground level view. No mechanical
equipment will be exposed on the wall surface of a building. Gutters and downspouts
are not to project from the vertical surface of the building. Vents, louvres, exposed
flashing, tanks, stacks, overhead doors, rolling and "man" service doors are to be
integrated into the architecture of the building. Screening will be as high as the
highest portion of the equipment or ducting and will be permanently maintained.
c. All mechanical heating, air conditioning, refrigeration or similar devices, maintained
and operated on the exterior of buildings located in the I Zone, will be screened and
will be operated and maintained in such a manner as to meet the General Sound
Level Standards of Section 9-1P-3 of this zoning code, and prevent smoke, dust, etc.,
from crossing the property line shared with the R zoned properties.
d. Refuse Storage: All outdoor trash, garbage and refuse containers will be screened on
all sides from public view by a minimum six -foot -high concrete, or masonry
decorative block wall, and the opening provided with a metal gate. Refuse storage
areas will be so located as to be easily accessible for trash pick-up.
3. Development Standards for Industrial Adjacent to Residential: When any lot in the I zone
fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R
zoned property, the following standards will be observed in the construction and
maintenance of buildings, structures and uses to be located thereon:
a. Vacant Land: All vacant land on the lot or parcel of land and the parkway area or land
used in conjunction with permitted uses on such properties, will be surfaced,
landscaped or otherwise maintained in a clean, dust free and orderly manner. For the
June 25, 2019
Page 4 of 9
ARTICLE J. Industrial Zone District
9-11-3: Industrial Development Standards:
purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed
on soil treated for weed control or appropriate landscaping will be deemed to
comply with this provision.
b. Change in Grade: Where it is contemplated to change the grade or elevation of such I
zoned properties, in excess of three feet vertically, those portions of the property
abutting R zoned properties, a grading plan therefor will be submitted to the city
engineer, in order to obtain a grading permit, and will show fencing, landscaping,
barricades, retaining walls, and other protective devices, designed to protect
abutting R zoned properties.
c. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface yards, outdoor
storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles
or containers, which are located in a direct line of vision from any portion of adjacent
R zoned properties, will be enclosed or screened or be separated from such R zoned
properties by a view obscuring fence or wall, not less than six feet in height,
measured from the finished grade of I zoned lot. No outdoor storage will be
permitted to extend above the height of such fence or wall.
d. Sign: All signs, advertising structures and the like, located upon such properties, and
all driveways to and from such properties, will be located remote from such R zoned
properties, when such R zoned properties are located on the same side of the street
as said I zoned properties.
e. Lighting: Lighting will be provided in all parking areas, including loading and storage
areas. Lighting will be energy-efficient and shielded or recessed so that direct glare
and reflections are confined with the boundaries of the site and will be directed
downward and away from adjoining properties, particularly adjacent R zoned
properties.
i. When lighting for new or rehabilitated parking facilities are proposed, a lighting
plan will be prepared and submitted to the Director for approval. The lighting
plan will provide enough information to examine the degree to which exterior
night lighting affects an adjacent street, property owner or community. Such plan
will consider the light source, level of illumination, hours of illumination and need
for illumination in relation to the effects of the lighting on adjacent streets, and
property owners. For uniformity in lighting and prevention of shadows, an
average horizontal luminance level of two footcandles with a 4:1 uniformity ratio
over the surface parking area will be used.
ii. A photometric plan will depict the anticipated light levels generated by all
exterior lights across the site and ten feet beyond the property lines. The
standard for which the measurement is taken will be from the property line as
June 25, 2019
Page 5 of 9
ARTICLE J. Industrial Zone District
9-1J-4: Industrial Design Review:
measured at six feet in height or above any boundary wall, whichever is higher. In
no case will the lighting measurement exceed 0.5 footcandles.
Landscaping: All areas not utilized for building area and/or parking/circulation will be
mproved with landscaping and improved pedestrian surfaces. Landscaping will
consist of a combination of trees, shrubs, and ground cover with careful
consideration given to the eventual size and spread, susceptibility to disease and
pests, durability, and adaptability to existing soil and climatic conditions. A
landscaping and irrigation plan will be submitted for the review and approval of the
Director. All planted areas will be surrounded by a concrete curb six inches above
final grade or above asphalt level of the parking lot. However, when such planted
areas are adjacent to a concrete sidewalk, masonry wall or a building, a raised
concrete curb need not be provided in the adjacent area.
9-1J-4: INDUSTRIAL DESIGN REVIEW:
Exterior Design Review for New Buildings, Additions or Expansions: Required Design Criteria: Buildings,
additions, or expansions which result in the addition of one hundred square feet or more of floor area will
be subject to review and approval by the Director consistent with the requirements shown in Table 9-11-
4. The Director will review plans to ensure they are in accordance with the design guidelines as adopted
by the planning commission and city council.
9-1J-5: INDUSTRIAL DESIGN STANDARDS:
Table 9-11-4
establishes the criteria for
building
orientation, building
articulation, and other design
elements for
the Industrial Zone District,
June 25, 2019
Page 6 of 9
ARTICLE J. Industrial Zone District
9-11-5: Industrial Design Standards:
Table 94J-4
Design Criteria for Industrial Zone District
A"=Applicable N/A =Not Applicable
Additional Development
Design Criterion1
Zone
Requirement
Site Design
Buildings are oriented on the site to maximize daylighting
A
opportunities and harvest natural light within interior
workspaces. Buildings will utilize opportunities to provide
operable clerestory windows to allow for ventilation and
indirect lighting.
Promote pedestrian activity by placing entrances at grade
A
level or slightly above, and unobstructed from view from the
public right-of-way. Avoid sunken entryways below street
level.
Compatibility with Adjacent Development
New development and improvements to existing properties
A
will be compatible with the existing character, including the
sensitive treatment of perimeter property lines to mitigate
impacts on abutting properties.
In areas with identified historic buildings, structures, and
A
sites, the proposed new development or land activity blends
with or complements the historic character.
Large industrial buildings with multiple tenants will provide
A
multiple entries at street frontages to improve site design
flexibility and options for building locations.
Ensure that new buildings are compatible in scale, massing,
A
style, and/or architectural materials with existing structures in
the surrounding neighborhood. In older neighborhoods, new
developments will likewise respect the character of existing
buildings with regards to height, scale, style, and architectural
materials.
Create height and visual transitions between industrial
A
districts and adjacent commercial and residential
neighborhoods. Stepping back upper floors of industrial
structures will match those of adjacent commercial or
residential structures.
June 25, 2019
Page 7 of 9
ARTICLE J. Industrial Zone District
9-11-5: Industrial Design Standards:
Table 9-1J4
Design Criteria for Industrial Zone District
A = Applicable N/A = Not Applicable'
Additional Development
Design Criterion
I Zone
Requirement
Design Features
All glass windows or glass entrances on the first and second
N/A
stories will be either clear or lightly tinted to maximize
pedestrian visibility of building interiors from the sidewalk
area. Mirrored, highly reflective, or densely tinted glass will be
prohibited for use in windows and entrances.
Buildings having 100 feet or more of street frontage will be
N/A
designed to provide fagade articulation and roofs of varying
heights.
Open Space
Open spaces will be appropriately landscaped and provide
A
adequate shade through the placement of trees or other
shade devices, including umbrellas, awnings, trellises, and
canopies that are integrated into the building or over the
open space.
All common areas will be improved as either active or passive
N/A
facilities, with landscaping or hardscape elements designed.
Public plazas, pocket parks, outdoor dining, promenades,
N/A
public art, and other outdoor public amenities will be
designed to activate ground -floor uses to engage residents
and visitors.
Circulation and Parking
New industrial development provides for adequate access and
A
off-street parking arrangements.
Bicycle and pedestrian circulation facilities will provide
A
connections to surrounding uses and to existing/planned
pedestrian and bicycle networks.
June 25, 2019
Page 8 of 9
ARTICLE 1. Industrial Zone District
9-11-5: Industrial Design Standards:
Table 94J-4
Design Criteria for Industrial Zone District
A'=Applicable N/A =Not Applicable
Additional Development
Design Criterion
I Zone
Requirement
Landscaping
Utilize landscaping to add texture and visual interest at the
A
street level. Landscaping will not create a barrier between
pedestrians and the building frontage or views into buildings
at the ground floor.
Utilize landscaping between the street and front property line
A
walls to provide a buffer and planted with shade trees,
climbing vines, hedges, or similar living plant material. Avoid
uninterrupted walls and/or fences by providing a landscape
buffer.
Loading and Storage
Screen outdoor storage with building materials consistent
A
with the architectural character of the main building.
Materials such as sheet metal and chain link or barbed wire
fences are not allowed.
All loading areas and facilities will be located at the side or
A
rear of a principal building.
Equipment and materials must be stored within completely
A
enclosed buildings, unless otherwise permitted.
Trash enclosures will be constructed of sturdy, durable,
A
opaque materials (with trash receptacles screened from
view).
June 25, 2019
Page 9 of 9
ARTICLE K. INSTITUTIONAL AND OPEN SPACE ZONE
9-1K-1: INSTITUTIONAL AND OPEN SPACE ZONE:
The Institutional one and Open Space Zone is intended to accommodate public, semi-public, and
nstitutional uses, including but not limited to offices and facilities used by federal, state, and local
government; special districts; public schools; hospitals; and other public agencies and public utilities. This
zone implements the General Plan Institutional designations.
It also is intended to be used to accommodate active and passive recreational activities, such as parks and
trails, as well as areas used for detention basins, conservation, sensitive habitat areas, and groundwater
recharge basins. This zone implements the General Plan Open Space designation.
9-1K-2: INSTITUTIONAL AND OPEN SPACE ZONE PERMIT REQUIREMENTS:
A. Permit Requirements: Table
9-1K-2-1
Permit Requirement
provides the
name
of
the
permit, and location of
procedure for the permit, for
each
land
use shown in
Table 9-1K-2-2.
Table 9-1K-2-1
Permit Requirement Labels for Table 9-11(-2-2
Label
Permit Requirement
y
Permitted Use
C
Conditional Use Permit
S
Site Plan Review, Minor
N
Not Permitted
B. Standards for All Land Uses in
the Institutional and
Open Space
Zone: A conditional use
permit consistent with Article C
of the Temple City zoning
code will
apply to any land uses in
the institutional and open space
zone that include one
or more of the
following:
1. Any land use with a drive through.
2. Any land use with hours of operation past 10:00 PM or before 6:00 AM.
3. Any land use that includes live entertainment.
C. Standards for Specific Land Uses in the Institutional and Open Space Zone: Where the last
column in Table 9-1K-2-2 includes an Additional Use Requirement Code Reference, the
requirements of the referenced section will apply to the use in addition to all other applicable
provisions of this zoning code.
June 25, 2019
Page 1 of 3
ARTICLE K. INSTITUTIONAL AND OPEN SPACE ZONE
9-1K-3: Institutional and Open Space Standards:
Table 9-11K-2-2
Land Uses and Permit Requirements for the Institutional and Open Space Zone District
Land Uses
Permit
Requirement
Additional Use
Requirement
OSIS District
use permit.
Antennas and Wireless Communication Facilities (Co -location
and panel)
C
Assembly/Meeting Facilities, Public
y
Commercial Uses
N
40
Cultural Institution
C
Golf Courses, Public
y
Government Facilities
y
Manufacturing
N
Parks and Recreation Facilities, Private
C
Parks and Recreation Facilities, Public
y
Recharging Stations
y
Residential Uses
N
Schools, Private
C
Short Term Rentals
N
Utility Structures and Service Facilities
C
9-1K-3: INSTITUTIONAL AND OPEN SPACE STANDARDS:
A. Institutional and Open Space Zone Standards:
1. For uses requiring
a conditional
use permit, development standards will
be as specified
by the conditional
use permit.
review.
Development
2. For uses
not requiring
a conditional
use permit, development standards will be as
sV ecified
by the site plan
review.
Development
Table 9-1K3-1
Development Standards for Institutional and Open Space Zone District
Additional
Development
I/OS Zone
Requirement
Development Standards
Building Height (maximum feet)
40
June 25, 2019
Page 2 of 3
ARTICLE K, Institutional and Open space Zone
9-1K-3: Institutional and Open Space Standards:
Table 9-1K-3-1
Development Standards for Institutional and
Open Space Zone District
Additional
Development
I/OS Zone
Requirement
Setbacks to be
determined
Building Setbacks
through a CUP or
site plan review,
lune 25, 2019
Page 3 of 3
ARTICLE L. PLANNED DEVELOPMENT ZONE DISTRICT
9 1L 1: PURPOSE AND INTENT:
The purpose of the Planned Development Zone District is to provide an opportunity for more efficient use of land, a
better living environment, a superior site plan, and greater excellence of design than is otherwise possible through
strict application of the Zoning Code. The Planned Development Zone is intended to ensure development that meets
high standards of environmental quality; promotes public health and safety; provides for efficient use of the City's
resources; and furthers the purpose, intent, goals, and policies of the General Plan. The Planned Development Zone
is further intended to facilitate development that incorporates a program of amenities that exceeds what would
otherwise be required by the Zoning Code, including but not limited to enhanced landscaping, sustainable
development, additional and enhanced open space, and improvements to public facilities.
9-1L-2: APPLICABILITY:
A. Initiation. An application to reclassify property to a Planned Development Zone District or to
amend an existing Planned Development Zone is processed as a Zoning Amendment in
compliance with section 9 -1C -6-I.
B. Application. A property owner may submit an application for a Zoning Amendment to change
the zone designation of their property to Planned Development Zone for the purpose of
developing a project that would not otherwise be possible through strict application of the
Zoning Code, consistent with the requirements of this Article.
C. General Plan consistency. A development project proposed under a Planned Development
Zone must be consistent with the underlying General Plan land use designation and with all
goals and policies of the General Plan, unless the Zoning Amendment application is
accompanied by a General Plan Amendment application.
D. Minimum site area. A Planned Development Zone may only be requested for a property or
contiguous properties with a gross land area of one acre or greater.
E. Planned Development Plan required. The rezoning of a site to the Planned Development Zone
requires the simultaneous approval of a Planned Development Plan in compliance with section
9-1L-3.
F. Major Site Plan Review required. A Major Site Plan Review must be approved prior to the
issuance of grading or building permits for a project approved under a Planned Development
Zone. Depending upon the nature and phasing of the project, the Major Site Plan Review
application may be processed and approved in conjunction with the Zoning Amendment
application or may be processed separately at a later time. For phased projects, the Planned
June 25, 2019
Page 1 of 4
ARTICLE L. Planned Development Zone District
9-1L-3• Adoption of a Planned Development zoning district and accompanying Planned Development plan:
Development Plan may specify the triggers and timing for subsequent Major Site Plan Review
applications.
9-1L-3: ADOPTION OF A PLANNED DEVELOPMENT ZONING DISTRICT AND
ACCOMPANYING PLANNED DEVELOPMENT PLAN:
A. Plan adopted with ordinance. The ordinance adopting the Planned Development Zone must
incorporate a Planned Development Plan, which constitutes the zoning regulations for the
property. The Council may at its discretion impose conditions of approval on the development,
which are included in the ordinance and become part of the Planned Development Plan.
B. Land use regulations. The Planned Development Plan must specify all land use regulations for
the Planned Development Zone including all permitted and conditionally permitted uses. No
use is allowed in a Planned Development Zone that is inconsistent with the underlying General
Plan land use designation. The Planned Development Plan may specify by -right uses as well as
uses requiring subsequent approval of a Conditional Use Permit or Temporary Use Permit.
C. Development standards.
1. The Planned Development Plan must specify all development standards for the Planned
Development Zone including but not limited to floor area ratio and residential density.
2. The floor area ratio of a Planned Development may not exceed the maximum floor area
ratio allowed by the underlying General Plan land use designation, unless the applicant is
seeking approval of a Density Bonus,
3. The residential density of a Planned Development Zone may not exceed the maximum
density allowed by the underlying General Plan land use designation, unless the applicant
is seeking approval of a Density Bonus.
D. Other regulations and procedures. A Planned Development Plan, including conditions of
approval imposed by the Council, may specify other regulations and procedures related to the
implementation of the Planned Development Zone. This may include but is not limited to
allowing or requiring phasing of construction, and triggers or thresholds for subsequent
entitlements.
E. Commission and Council action.
1. The Commission will consider an application for reclassification to aPlanned Development
Zone in in the same manner as a Zoning Amendment and must, at the same time, consider
the proposed Planned Development Plan,
2. The recommendation of the Commission regarding the Planned Development Zone must
be accompanied by a recommendation on the Planned Development Plan.
June 25, 2019
Page 2 of 4
3. The Council will consider the application and the Commission's recommendation in the
same manner as a Zoning Amendment, The Council's decision regarding the Planned
Development Zone must be accompanied by the decision on the Planned Development
Plan.
F. Zoning map designation. An approved Planned Development Zone will be indicated on the
zoning map by the designation "PD" followed by an assigned identifying number.
G. Effective date of Plan. A Planned Development Plan is effective on the same date as the
effective date of the ordinance enacting the Planned Development Zone for which it was
approved.
H. Interim use of property. The Planned Development Zone is not intended to prevent the
continued use of the property in a manner consistent with the prior zoning designation until
the project approved under the Planned Development Zone is constructed. Until such time
that permits for construction are issued and work commences on the project authorized by
the Planned Development Zone, the property may continue to be used pursuant to the use
and development standards of the property's prior zone designation, as such standards existed
on the effective date of the ordinance approving the Planned Development Zone. Provided,
however, that no uses or structures on the property may be established, expanded, or modified
in a manner that would require approval of a discretionary planning entitlement including but
not limited to a Major or Minor Site Plan Review, Conditional Use Permit, or Variance, except
as specified in the Planned Development Plan,
I. Expiration, extensions, and revision.
1. Expiration. Approval of a Planned Development Plan expires on the latest of the following
dates, unless permits for construction have been issued and work has commenced on the
project:
a. Two years from the effective date of the ordinance approving the Planned
Development Zone, or
b. If the project includes a tentative parcel map or tentative tract map, the expiration
date of the tentative map, or
c. An expiration date specified in the Planned Development Plan.
2. Rezoning. Upon expiration of a Planned Development Plan, the City Manager may initiate
a Zoning Amendment to rezone the property to the zoning designation that existed prior
to the approval of the Planned Development Zone.
3. Extension. A request to extend the expiration date of a Planned Development Plan must
be filed in writing with the Department not less than 60 days and not more than 90 days
June 25, 2019
Page 3 of 4
ARTICLE L. Planned Development Zone District
9-11-4: Findings for a Planned Development Zone:
before expiration of the Planned Development Plan. The Council may at its discretion
extend the expiration date of a Planned Development Plan if it determines that the
applicant has diligently pursued construction of the project since the Planned
Development Plan was approved, or that extenuating circumstances exist that warrant
extension of the expiration date.
4. Revision to approved an. An application to revise an approved Planned Development Plan
will be processed and considered in the same manner as a new application.
9-1L-4: FINDINGS FOR A PLANNED DEVELOPMENT ZONE:
A Planned Development Zone may be approved if the Council finds that it meets all of the following findings:
A. The proposed project will produce a comprehensive development of superior quality and
excellence of design that would not be possible under otherwise applicable zoning standards.
This includes but may not be limited to appropriate variety of structure placement and
orientation, appropriate mix of structure sizes, high quality architectural design and materials,
significantly increased amounts of landscaping and improved open space, improved solutions
for mobility and to the design and placement of parking and loading facilities, incorporation of
enhanced amenities and/or facilities beneficial to the public, and appropriate project phasing.
e. The property
is adequate
in terms of size,
shape,
topography, and circumstances to
accommodate
the proposed
development.
C. Adequate public services and facilities exist, or will be provided, in compliance with the
approved Planned Development Plan and conditions of approval, to serve the proposed
development. The approval of the proposed development will not result in a reduction of
public services to properties in the vicinity to be a detriment to public health, safety, and
general welfare.
D. If the development proposes to mix residential and commercial uses whether done in a vertical
or horizontal manner, the residential use is designed in a manner that it is appropriately
buffered from the commercial use and is provided sufficiently enhanced amenities to create a
comfortable and healthy residential environment and to provide a positive quality of life for
the residents. The enhanced amenities may include but are not limited to additional
landscaping, additional common and/or private open space and amenities, and private or
separated entrances.
L. The design, location, operating characteristics, and size of the proposed development will be
compatible with the existing and future land uses in the vicinity, in terms of aesthetic values,
character, scale, and view protection.
June 25, 2019
Page 4 of 4
ARTICLE M. SPECIFIC PLANS
91M-1: APPLICATION:
A Specific Plan may be established to implement Sections 65450 through 65457 of the California
Government Code. As provided for in the Government Code, a Specific Plan is designed to provide for
flexibility, innovative use of land resources and development, a variety of housing and other development
types, and an effective and safe method of pedestrian and vehicular circulation. A Specific Plan may be
adopted for any property or group of properties meeting the criteria set forth in Article C. The Specific
Plan zone will apply to all properties lying within the bounds of a specific plan that has been adopted by
resolution or ordinance of the City Council. Once adopted, a specific plan will govern all use and
development of properties within the bounds of that specific plan.
9-1M-2: REQUIRED CONTENTS OF A SPECIFIC PLAN:
The required contents of a specific plan will be as set forth in Government Code Section 65450 et seq
9-11VI-3: LAND USE AND DEVELOPMENT STANDARDS:
Each adopted specific plan establishes the land use regulations and development standards applicable to
the properties within the specific plan. To the extent that any development standard is not provided by
an individual specific plan, such standard will be in accordance with the provisions of the zone that most
closely resembles the zone in the specific plan. Director will have the authority to determine which
development standard of this Zoning Code will apply where a specific plan is silent.
9-1M-4: ADOPTED SPECIFIC PLANS:
Adopted specific plans in Temple City are listed below. These specific plans contain the development
standards and guidelines for each corresponding specific plan zone.
A. Specific Plans in City Limits
1. Crossroads Specific Plan (CSP). The Crossroads Specific Plan regulates the development
and design of the Crossroads area and is designated CSP on the Zoning V. Regulations
and design elements for the CSP zone, with related implementing actions, are set forth in
the Crossroads Specific Plan.
lune 2S, 2019
Page 1 of i
ARTICLE N. SITE PLANNING AND GENERAL DEVELOMEN I STANDARDS
9-1N-1: APPLICABILITY:
The standards of this Article apply to all zones. These standards will be considered in addition with the
standards for each zone established in Article B and development standards found in each zoning district.
Where there may be a conflict, the standards specific to the zone or specific land use will override these
general standards. All structures, additions to structures, and uses will conform to the standards of this
Article, as determined applicable by the Planning Manager.
9-1N-2: CORNER CUTBACKS:
A. Visibility Required: To safeguard against vehicular, bicycle, and pedestrian collisions caused
by visual obstructions at street and alley intersections, and at any point where a driveway
intersects a street or alley, there will be no visual obstruction within the corner cutback area.
Such space will be kept free of buildings, structures, and landscaping that constitutes a visual
obstruction. In hillside areas, corner cutback treatment will include such grading as may be
necessary to provide for reasonable intersection visibility.
B. Corner Cutback Area Description:
1. The triangular-shaped area on a corner lot, or at a point where a driveway intersects a
street, formed by measuring the prescribed distance from the intersection of the front
(or rear) and street side property lines at an intersecting street or alley, and connecting
the lines diagonally across the property making a 90 -degree triangle; and
2. The triangular-shaped area on each side of any driveway intersecting a street or alley.
C. Corner Cutback Required Dimensions:
1. 15 feet from the intersection of a street right-of-way and an alley
2. 15 feet from the intersection of two alleys or streets
3. 10 feet from the corner of an intersecting street right-of-way and a driveway
June 25, 2019
Page 1 of 25
ARTICLE
N. Site Planning and
General Develoment
Standards
9-1N-3:
Walls and Fences:
required dimensions will be increased to
17 feet.
D. Irregular Lots: Where, due to
an irregular lot
shape, the corner cutback area does not
provide
for intersection visibility, the
corner cutback
required dimensions will be increased to
17 feet.
E. Limit on
corner
cutback obstructions: The
following will not
be erected,
placed,
planted, or
allowed
to grow
within the corner cutback
area:
and open work fences up to
42 inches in
height.
1. Solid fences, walls,
signs, structures, mounds of
ea th, solid
post mail
boxes, or other
visual obstructions
over 36 inches in height
or over 24
inches in
height in the
Manufacturing zone,
and open work fences up to
42 inches in
height.
2. Hedges, shrubbery, and vegetation over or with a growth characteristic over 36 inches in
height.
3. The lower edge of tree canopies of a single trunk tree will be maintained at a minimum
height of seven feet above ground level, as measured from adjacent street curb
elevation.
9-1N-3: WALLS AND FENCES:
A. Walls and Fences:
All proposed
walls, fences or hedges,
must comply with the requirements
of this Section.
grade to the
top of the wall, provided the grade
difference
B. Wall, Fence or Hedge Height Measurement:
1. The maximum height for walls, fences
or hedges in
the front and street side yard must be
measured
from the lowest adjacent
grade to the
top of the wall, provided the grade
difference
from the public right-of-way is 12 inches
or less.
lune 25, 2019
Page 2 of 25
ARTICLE N. Site Planning and General Develoment Standards
0_1 ni_z- Wnflq and Fanres�
Front Yard Wall, Fence or Hedge Height Measurement Diagram
2. The following provisions apply to grade differences of more than 12 inches abutting a
public right-of-way:
a. For the purposes of this section, a retaining wall is when there is mare than 12 inches
of difference from the public right-of-way.
b. Retaining walls located in the front and street side yard are allowed up to three feet
in height.
c. Properties with retaining walls in the front yard can install an additional fence if a
three-foot setback is provided from the retaining wall. The fence must be non -view
obscuring and comply with the height requirements of Section 9 -1N -3-C (Height
Limits for Walls and Fences in Residential Zones).
d. Properties with retaining walls on the street side yard can install an additional fence
if a three-foot setback is provided. The fence must comply with the requirements of
Section 9 -11N -3-C (Height Limits for Walls and Fences in Residential Zones).
lune 25, 2019
Page 3 of 25
ARTICLE
N. Site Planning and
General
Develoment Standards
9-1N-3:
Walls and Fences:
Front and Street Side Yard Retaining Wall Diagram
Non -View Ob
Allowed Subic Non View Obscuring Fence
9 -SK -6(B) Allowed in the Font Yard Only
Subject to Section 9 -1K -6(B)
3. The maximum height for walls and fences on an interior side and rear yard must be
measured from the highest adjacent grade. Retaining walls up to three feet in height will
not be counted towards the maximum height on the side and rear yard.
Interior Side and Rear Yard Wall Height Measurement Diagram
lune 25, 2019
Page 4 of 25
ARTICLE
N. Site Planning and General
Develoment
Standards
9-1N-3:
Walls and Fences:
Fences or walls
required by the
4. The maximum
height will
be measured in a continuum at each point
along the wall or
fence.
use onsite.
Fences or walls
required by the
C. Height Limits for Walls and Fences in Residential Zones:
1. A wall or fence must not be located
in the front yard
of a property in amulti-family
zone
that has a multi -family
use onsite.
Fences or walls
required by the
building code are
exempt from this
requirement.
side yard, the driveway
visibility area.
2. A wall, fence,
or security gate not more
than six feet
in height may be located
and
maintained on
any part of an R zoned lot
except those
areas comprising the front
yard
and, along a corner
side yard, the driveway
visibility area.
3. In front yards the maximum height of a wall, fence or hedge is limited to a maximum of
36 inches when view obscuring or a maximum of 42 inches when non -view obscuring.
4. In the driveway visibility area, which only applies to driveways in a corner side yard, the
maximum height of a wall, fence or hedge will be 36 inches. The driveway visibility area is
the triangular area extending at an angle of 45 degrees from the street property line to a
point on the edge of the driveway 10 feet from the street property line (see the
"Driveway Visibility Area Diagram", of this section). The driveway visibility area sh will
not apply to garages taking access from an alley.
Driveway Visibility Area Diagram
Driveway Visibility
Area; The MiVeway
maximum height \ asa 1Wshall be 36 inches / _
—.—Iope,ty line
Sidewalk
parkway
June 2S, 2019
Page 5 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-3: Walls and Fences:
5. In cases where a garage is located in the front of the property and the garage door is
perpendicular to the street any fence crossing the driveway is limited to a maximum of
36 inches when view obscuring or a maximum of 42 inches when non -view obscuring
(see the "Fences Perpendicular To Driveways Diagram", of this section).
Fences Perpendicular To Driveways Diagram
.. oft I height
ofh ry h when
view obscuring or forty
two inches when non -
view obstructing
6. A fence or wall up to six feet in height is allowed in the front yard on parcels where the
adjacent house or garage is setback further than the house or garage on the parcel as
shown in the diagram below. The fence or wall may not be closer to the front lot line
than the adjacent house or garage.
Different Front Yard Setback Diagram
June 25, 2019
Page 6 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-3: Walls and fences:
i
House
t �
ii
Fence height allowed
up to six feet
t
D. Nonresidential Zoning Districts. The maximum height of a wall or fence within the
commercial and industrial zoning districts, including the Crossroads Specific Plan, must be as
follows.
1. Front and corner side setbacks.
a. The
maximum
height of a
wall or fence
along a
street frontage is four feet when the
wall
or fence is
in front of
a structure.
b. Walls and fences abutting a public sidewalk must have athree-foot setback that is
continuously maintained with landscaping and irrigation.
2. Interior side and rear setbacks.
a. The maximum height of a wall or fence may be eight feet.
b. The
height
of the
wall or fence must step down to four feet when located within five
feet
of the
street
property line(s).
3. When abutting a residential zoning district. The minimum height of a wall located within
five feet of a street property lines) should be equivalent to the maximum height for a
solid wall or fence in the development standards of the abutting residential zoning
district.
4. Design standards for walls and fences.
lune 25, 2019
Page 7 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-4: Height Measurements and Exceptions
a. All walls and fences must be a minimum 50 percent open, except in the following
situations:
Walls
and
fences abutting a residential zoning district will be
constructed only
from
brick,
concrete, or masonry that complement the building.
must
A solid masonry wall is required to screen outdoor storage areas.
b. All walls and fences within five feet of the front property line must have a stucco
appearance or split face to complement the building.
c. Walls
and
fences
along
the front property line used to screen
adjacent
parking lots
must
have
a three-foot
setback that is landscaped and irrigated.
d. Chain-link
fences are not
allowed in
the front or street side yards, but may be
allowed in
rear and interior
side yards.
E. Barb Wire, Concertina Wire, Wrought Iron with Spikes: No fence or wall is allowed to contain
barb wire, concertina (razor) wire, wrought iron with spikes, or any similar sharp projections
attached to a fence deemed hazardous by the Community Development Director. Electrical
fences are prohibited. Security fencing for facilities owned by a public utility or government
agency may include items listed above provided the hazardous items are at least seven feet
above the natural grade of a public right-of-way.
9-1N-4: HEIGHT MEASUREMENTS AND EXCEPTIONS:
A. Height of Structures and Measurement:
1. Structures will not exceed the maximum allowable height for the zone in which the
structure is located in compliance with the development standards of each zoning
district, except as provided in Exceptions to Height Limits in all Zones below.
2. The max allowable height will be measured as the vertical distance from the existing
grade of the site to an imaginary plane located the allowed number of feet above and
parallel to the grade not including rooftop appurtenances.
June 25, 2019
Page 8 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-4: Height Measurements and Exceptions:
Existing Grade
of the Site
Max.
Height
Proposed Gut
Proposed Fill
B. Exceptions to Height Limits in Residential Zones: The following exceptions to height limits are
allowed for residential buildings, provided compliance is achieved with all other applicable
permit requirements and development standards of this Code.
1. Chimneys and Vents: Chimneys and roof -mounted vents will be allowed to exceed height
limits to the minimum extent required by Title 16 (Buildings and Construction). Chimneys
will be allowed an additional 24 inches in height to provide a spark arrestor or a
decorative architectural screen that does not exceed two feet in width by four feet in
length.
2. Skylights and Roof Windows: When mounted on a minimally pitched roof, skylights or
roof windows will be allowed to exceed the maximum height limit by up to six inches.
3. Mechanical Equipment: In the R-3 and all non-residential zones, uninhabited penthouses
or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building will be allowed to exceed the
maximum building height limit by a maximum of 10 percent, except as allowed below. No
such structures or any space above the height limit will be allowed for the purpose of
providing additional living or floor space.
C. Exceptions to Height Limits in All Zones:
1,
Architectural Elements. Except as specifically provided in subsection B above,
architectural elements that are approved through the Site Plan and Design Review per
Article C (Permit Processing Procedures) may exceed the maximum height limit provided
that no such structures will be for the purpose of providing additional living or floor
lune 25, 2019
Page 9 of 25
ARTICLE
N. Site
Planning and General Develoment
Standards
9-1N-4:
Height
Measurements and Exceptions
space. Roof mounted mechanical that is entirely screened and incorporated into the
design of approved architectural elements may exceed height limitations provided in
subsection above.
2. Flagpoles:
a. Ground -mounted flagpoles will be allowed in residential zones to a maximum height
of 28 feet and in nonresidential zones to a maximum height of 35 feet.
b. Flagpoles mounted on tops of buildings located in nonresidential zones will be
allowed to exceed the maximum height limit by more than 20 feet, but in no case will
be more than 20 feet taller than the final building height. Roof -mounted flagpoles
will not be allowed in residential zones.
3. Antennas: Height exceptions for antennas and other wireless communications facilities
are set forth in Article 9-1T-11 (Wireless Communications Facilities).
4. Fences, Hedges and Walls: Refer to each zoning district for exceptions to height limits for
these features.
5. Places of Religious Assembly: Structures housing Places of Religious Assembly may be
allowed to exceed the maximum height limit subject to the approval of a Site Plan and
Design Review application in compliance with Article C. Where more than one structure
exists or is proposed for the site, only the primary structure will be eligible for approval to
exceed the maximum height limit.
Page 10 of 25
ARTICLE
N. Site
Planning and General Develoment
Standards
o_, ni_c
V�Mc-
nnaaa rPments and Reauirements:
9-1N-5: YARDS - MEASUREMENTS AND REQUIREMENTS:
A. General: This section establishes standards for setback measurement and required yard
areas. These provisions, in conjunction with other applicable provisions, are intended to
provide for open areas around structures; access to natural light and ventilation, separation
of incompatible land uses; space for privacy, landscaping, and recreation; and access to
structures for function and safety.
B. Setback areas to remain unobstructed, except for flagpoles, mailboxes, fences, vegetation, or
utilities.
C. Setback applies to one property only. No setback area provided around any structure for the
purposes of complying with the provisions of this Code will be considered as providing a
setback area for any other structure, and no setback area on any adjoining property will be
considered as providing a setback area on a site upon which a structure is to be erected,
except as may be specifically addressed through a Planned Development Permit or a Specific
Plan.
D. Modification of side setback requirement on combined lots. When the common property line
separating two or more contiguous lots is covered by a structure or permitted group of
structures, or when the placement of a structure or structures with respect to such common
property line or lines does not fully conform to the required setback area on each side yard
common property line or lines, such lots will constitute a single site for the purposes of the
requirements of this Code, and the required side setback area will not apply to such common
property line.
E. Special setbacks may be established. The Council may, by resolution, adopt a formula or
establish standard practices by which to determine an appropriate and practical modification
of required front or rear setback areas in any residential zone where geometric shape and
dimensions and topography make the literal application of required setback impractical.
F. Setback requirements for property abutting future street right-of-way. No structure will be
erected or maintained on any lot which abuts a street or private roadway having only a
portion of its required width dedicated unless the setbacks provided and maintained in
connection with that structure have a width or depth sufficient to accommodate completion
of the public road width, plus the width or depth required to satisfy the setback requirements
for the zone in which the property is located. However, this requirement does not require a
setback of such width or depth as to reduce the buildable width of a corner lot to less than 40
feet.
G. Side setback requirements when a dwelling unit fronts the side yard will be determined by
the Planning Manager. The final determination will be based on surrounding development
patterns, lot configurations, the front door location, and setbacks on adjacent properties.
June 25, 2019
Page 11 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-6: Encroachments:
H. Measurement of Setbacks:
1. All setback distances will be measured at right angles from the designated property line,
and the setback line will be drawn parallel to the designated property line at the required
setback distance.
2. Setbacks from private streets will be measured from the curb line from the private street,
even if the property line extends to the centerline of a private street, or as may otherwise
be established in a Planned Development Permit or Specific Plan.
3. For irregularly shaped lots, the setback will be measured from each portion of the lot that
comprises the front, side or rear lot line.
4. For sloped lots, the measurement will be made as a straight, horizontal line from the
property line to edge of the structure, not up or down the hill slope.
5. For flag lots, the pole portion of the lot will not be used for defining setback lines.
9-1N-6: ENCROACHMENTS:
A. Existing air conditioning units, water heaters, pool equipment, and similar such devices
encroaching into a required rear or side yard setback may be replaced, if the size of the
encroachment is not increased.
B. New air conditioning units, water heaters, pool equipment, and similar such devices that are
not replacing a prior unit and are not a part of a new construction project must provide for a
minimum two -foot setback from the side or rear property line.
C. When air conditioning units and water heaters are proposed as part of a new construction
project, the units may not encroach into a required setback.
D. Permitted Encroachments into Yard Areas:
1. Cornices, eaves, belt course sills, or other similar architectural features are not to be
more than 30 inches into required yard setbacks.
2. Fireplace structures not wider than 8 feet are not to be more than 30 inches into
required yard setbacks.
3. Stairway, balconies, and fire escapes are not to be more than 30 inches into required
yard setbacks.
4. Uncovered porches and platforms (which do not extend above the finished floor level)
may extend into a required yard no more than five feet.
June 25, 2019
Page 12 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-7: Street Improvements:
S. Planting boxes or masonry planters are not to be more than 30 inches into required yard
setbacks.
6. Guard railings for safety protection around ramps are not to be more than 30 inches into
required yard setbacks.
7. Pools and spas may extend into the required side or rear yard, but must maintain a
minimum 3 -foot setback.
8. Permanent clotheslines may extend into the required side or rear yard, but must
maintain a 2 -foot setback.
9. Buttresses and archways are permitted in the required side yard. The height of these
features must not extend vertically beyond the top plate of the first floor. They may
extend horizontally to the side property line, where they may connect with a perimeter
wall or fence. Buttresses or archways are only permitted on the front elevation, where
the side yard meets the front yard. These can be designed in conjunction with a side
gate. They must be designed consistent with the chosen architectural style (such as
Spanish colonial revival).
10. A porte cochere is permitted in the side yard where a driveway leads to a rear garage.
The structure must be attached to the building and semi -open, without enclosing walls or
gates, and must be consistent with the architectural style of the building. It must be one-
story, with a maximum ceiling height of 12 feet. The maximum -allowed area is 10 feet
(width) by 20 feet (length). The porte cochere must not be located within the front yard
and the post or column of the porte cochere must be setback a minimum of four feet
from the first floor's front wall. A minimum two -foot setback shall be provided for posts
and eaves along the side property -line. Second floors must not extend over the top of a
porte cochere.
9-1N-7: STREET IMPROVEMENTS:
A. Improvements required. When deemed necessary due to substantial changes in local traffic
by reason of increased vehicular traffic, including truck traffic, increased pedestrian traffic,
increased noise, and other activities associated with the proposed development, street
improvements may be required by the Director to prevent congestion and the other hazards
that are related to the intensified use of the land.
B. Types of improvements. The improvements will be to City standards and will include curb,
gutter, sidewalk, street and alley paving, street trees, street signs, street lights, fire hydrants,
and all required utilities.
9-1N-8: TREE REPLACEMENT REQUIREMENTS:
June 25, 2019
Page 13 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-8: Tree Replacement requirements:
A. Trees protected by covenant between the City and the property owner:
1. Must not be removed without permission of the city;
2. Must be trimmed under the guidance of a licensed arborist;
3. Must be maintained in good health (every reasonable effort must be made to maintain
the tree); and
4. Must not be topped (topping of a tree may constitute a removal if the structure is
significantly affected).
B. If a property owner removes a tree protected by covenant, a replacement tree or trees must
be provided per Table 9-1N-1. If the replacement tree or trees cannot be provided onsite due
to insufficient space, then alternative requirements, such as donation of the tree or trees to
the City for planting in the parkway along with reasonable costs for staff time to purchase,
plant and maintain the tree for three years may be provided.
mne LS, L019
Page 14 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-9: Security Bars and Shutters:
Table 9-1N-1
term contained in this
Tree Canopy Replacement Requirements
conflicts with the definition of the same
Canopy of the
(Los Angeles
Removed Tree
MS4 Permit), then the definition
(Average distance Replacement Trees
Alternative Tree
across the removed
canopy*)
4�-q� Two 24" Box Size (min.)
One 36" Box Size
10'-27'
Three 24" Box Size
Two 36" Box Size
28'-40'
Four 24" Box Size
Two 48" Box Size
Two 48" Box & Two 36"
40'-56'
Six 24" Box Size
Box Size
Two 24" Box & Two 36"
S6'-60'
Box + Two 48" Box Size
60'+
**
**
*Add half of the difference between the two to the
narrowest measurement
for the average canopy.
**Replace the tree with a combination of both Tree Canopy and Tree Value
Standards. The appropriate standard should be set
by the City Arborist,
Note: Basis of this table is determined by the growth
of one 24" box size tree,
growing at a rate equivalent to 9 feet of canopy over the course of ten years.
9-1N-9: SECURITY BARS AND SHUTTERS:
A. On residentially zoned or residentially used structures, metal security bars mounted on the
exterior of the structure, roll down security shades, and the like must not be located on the
front and corner side elevations. This does not include decorative metal wrought iron that
enhances and is in keeping with the building's architecture. In such cases, the decorative
wrought iron should be limited to a portion of the window or only to small clerestory
windows.
non -residentially used structures or tenant spaces, all metal security bars, roll down
shutters, and the like installed on the front or corner side elevation must be located on the
interior of the tenant space.
9-1N-10: LOW IMPACT DEVELOPMENT (LID) STANDARDS AND GREEN STREETS:
A. Definitions
If the definition of any
term contained in this
chapter
conflicts with the definition of the same
term in order no. R4-2012-0175
(Los Angeles
County
MS4 Permit), then the definition
contained in order no.
R4-2012-0175 shall govern.
June 25, 2019
Page 15 of 25
ARTICLE N. Site Planning and General Develoment Standards
-IN-10: Low Impact Development (LID) Standards and Green Streets:
AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in anyone of the following
standard industrial classification (SIC) and North American industry classification system
(NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes
5013, 5014, 5511, 5541, 7532-7534, and 7536-7539 provided that these facilities have no
outside activities or materials that may be exposed to stormwater (order no. R4-2012-0175).
BASIN PLAN: The water quality control plan, Los Angeles region, "Basin Plan For The Coastal
Watersheds Of Los Angeles And Ventura Counties", adopted by the regional water board on
June 13, 1994, and subsequent amendments (order no. R4-2012-0175).
BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to
prevent or reduce pollutant loading from stormwater or non-stormwater discharges to
receiving waters, or designed to reduce the volume of stormwater or non-stormwater
discharged to the receiving water (order no. 34-2012-0175).
BIOFILTRATION: An LID BMP that reduces stormwater pollutant discharges by intercepting
rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration,
and filtration. Incidental infiltration is an important factor in achieving the required pollutant
load reduction. Therefore, the term "biofiltration" as used in this part is defined to include
only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant
reduction as biofiltration BMPs with an underdrain (subject to approval by the regional
board's executive officer). Biofiltration BMPs include bioretention systems with an
underdrain and bioswales (order no. R4-2012-0175).
BIORETENTION: An LID BMP that reduces stormwater runoff by intercepting rainfall on
vegetative canopy, and through evapotranspiration and infiltration. The bioretention system
typically includes a minimum two foot (2') top layer of a specified soil and compost mixture
underlain by a gravel filled temporary storage pit dug into the in situ soil. As defined in this
part, a bioretention BMP may be designed with an overflow drain, but may not include an
underdrain. When a bioretention BMP is designed or constructed with an underdrain it is
egulated by order no. R4-2012-0175 as biofiltration (order no. R4-2012-0175).
BIOSWALE: A LID BMP consisting of a shallow channel lined with grass or other dense, low
growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a
uniform sheet flow through the dense vegetation for a period of several minutes (order no.
R4-2012-0175).
CLEAN WATER ACT (CWA): The federal water pollution control act enacted in 1972, by public
law 92-500, and amended by the water quality act of 1987. The clean water act prohibits the
discharge of pollutants to waters of the United States unless the discharge is in accordance
wELI an NPDES permit.
COMMERCIAL DEVELOPMENT: Any development on private land that is not heavy industrial
or residential. The category includes, but is not limited to: hospitals, laboratories and other
medical facilities, educational institutions, recreational facilities, plant nurseries, car wash
facilities; mini -malls and other business complexes, shopping malls, hotels, office buildings,
public warehouses and other light industrial complexes (order no. R4-2012-0175).
June 25, 2019
Page 16 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
COMMERCIAL MALLS: Any development on private land comprised of one or more buildings
forming a complex of stores which sells various merchandise, with interconnecting walkways
enabling visitors to easily walk from store to store, along with parking area(s). A commercial
mall includes, but is not limited to: mini -malls, strip malls, other retail complexes, and
enclosed shopping malls or shopping centers (order no. R4-2012-0175).
CONSTRUCTION ACTIVITY: Any construction or demolition activity, clearing, grading,
grubbing, or excavation or any other activity that results in land disturbance. Construction
does not include emergency construction activities required to immediately protect public
health and safety or routine maintenance activities required to maintain the integrity of
structures by performing minor repair and restoration work, maintain the original line and
grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance"
definition for further explanation. Where clearing, grading or excavating of underlying soil
takes place during a repaving operation, state general construction permit coverage by the
state of California general permit for storm water discharges associated with industrial
activities or for stormwater discharges associated with construction activities is required if
more than one acre is disturbed or the activities are part of a larger plan (order no. R4-2012-
175).
CONTROL: To minimize, reduce or eliminate by technological, legal, contractual, or other
means, the discharge of pollutants from an activity or activities (order no. R4-2012-0175).
DEVELOPMENT: Construction, rehabilitation, redevelopment or reconstruction of any public
or private residential project (whether single-family, multi -unit or planned unit development);
ndustrial, commercial, retail, and other nonresidential projects, including public agency
projects; or mass grading for future construction. It does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it
nclude emergency construction activities required to immediately protect public health and
safety (order no. R4-2012-0175).
DIRECTLY ADJACENT: Situated within two hundred feet (200') of the contiguous zone
required for the continued maintenance, function, and structural stability of the
environmentally sensitive area (order no. R4-2012-0175).
DISCHARGE: Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid,
semisolid, or solid substance.
DISTURBED AREA: An area that is altered as a result of clearing, grading, and/or excavation
(order no. R4-2012-0175).
FLOW THROUGH TREATMENT BMPs: A modular, vault type "high flow biotreatment" devices
contained within an impervious vault with an underdrain or designed with an impervious liner
and an underdrain (order no. R4-2012-0175).
FULL CAPTURE SYSTEM: Any single device or series of devices, certified by the executive
officer, that traps all particles retained by a five millimeter (5 mm) mesh screen and has a
design treatment capacity of not less than the peak flow rate Q resulting from a 1 -year, 1 -
hour storm in the subdrainage area (order no. R4-2012-0175).
June 25, 2019
Page 17 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
GENERAL CONSTRUCTION ACTIVITIES STORM WATER PERMIT (GCASP): The general NPDES
permit adopted by the state board which authorizes the discharge of stormwater from
construction activities under certain conditions (order no. R4-2012-0175).
GENERAL INDUSTRIAL ACTIVITIES STORM WATER PERMIT (GIASP): The general NPDES permit
adopted by the state board which authorizes the discharge of stormwater from certain
industrial activities under certain conditions (order no. R4-2012-0175).
GREEN ROOF: An LID BMP using planter boxes and vegetation to intercept rainfall on the roof
surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green
roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive
credit as a bioretention BMP, the green roof system planting medium shall be of sufficient
depth to provide capacity within the pore space volume to contain the design storm depth
and may not be designed or constructed with an underdrain (order no. R4-2012-0175).
HILLSIDE: A property located in an area with known erosive soil conditions, where the
development contemplates grading on any natural slope that is twenty five percent (25%) or
greater and where grading contemplates cut or fill slopes (order no. R4-2012-0175).
INDUSTRIAL/COMMERCIAL FACILITY: Any facility involved and/or used in the production,
manufacture, storage, transportation, distribution, exchange or sale of goods and/or
commodities, and any facility involved and/or used in providing professional and
nonprofessional services. This category of facilities includes, but is not limited to, any facility
defined by either the standard industrial classifications (SIC) or the North American industry
classification system (NAICS). Facility ownership (federal, state, municipal, private) and profit
motive of the facility are not factors in this definition (order no. R4-2012-0175).
NDUSTRIAL PARK: Land development that is set aside for industrial development. Industrial
parks are usually located close to transport facilities, especially where more than one
transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes
office parks, which have offices and light industry (order no. R4-2012-0175).
NFILTRATION BMP: An LID BMP that reduces stormwater runoff by capturing and infiltrating
the runoff into in situ soils or amended on site soils. Examples of infiltration BMPs include
nfiltration basins, dry wells, and pervious pavement (order no. R4-2012-0175).
LOW IMPACT DEVELOPMENT (LID): Consists of building and landscape features designed to
etain or filter stormwater runoff (order no. R4-2012-0175).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to state law) having jurisdiction over
June 25, 2019
Page 1S of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under state law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA that
discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which
is not
part of
a publicly owned treatment
works (POTW) as defined at 40 CFR
section
122.2
(40 CFR
section 122.26(b)(8)) (order no.
R4-2012-0175).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for
ssuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under CWA section 307, 402, 318,
and 405. The term includes an "approved program" (order no. R4-2012-0175).
NATURAL DRAINAGE SYSTEM: A drainage system that has not been improved (e.g.,
channelized or armored). The clearing or dredging of a natural drainage system does not
cause the system to be classified as an improved drainage system (order no. R4-2012-0175).
NEW DEVELOPMENT: Land disturbing activities; structural development, including
construction or installation of a building or structure, creation of impervious surfaces; and
land subdivision (order no. R4-2012-0175).
NONSTORMWATER DISCHARGE: Any discharge to a municipal storm drain system that is not
composed entirely of stormwater (order no. R4-2012-0175).
OUTFALL: A point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open
conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels or other
conveyances with connect segments of the same stream or other waters of the United States
and are used to convey waters of the United States (40 CFR section 122.26(b)(9)) (order no.
R4-2012-0175).
PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for
businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000)
square feet or more of surface area, or with twenty five (25) or more parking spaces (order
o. R4-2012-0175).
POLLUTANT:
Any "pollutant" defined in
section 502(6) of the federal
clean water actor
incorporated
into the California Water
Code section 13373 (order no.
R4-2012-0175).
PROJECT: All development, redevelopment, and land disturbing activities. The term is not
limited to "project" as defined under CEQA3 (order no. R4-2012-0175).
June 25, 2019
Page 19 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-11N-10: Low Impact Development (LID) Standards and Green Streets:
RAINFALL HARVEST AND USE: An LID BMP system designed to capture runoff, typically from a
oof but can also include runoff capture from elsewhere within the site, and to provide for
temporary storage until the harvested water can be used for irrigation or non -potable uses.
The harvested water may also be used for potable water uses if the system includes
disinfection treatment and is approved for such use by the local building department (order
no. R4-2012-0175).
RECEIVING WATER:
"Water of
the United States"
into which waste and/or
pollutants are or
may be discharged
(order no.
R4-2012-0175).
REDEVELOPMENT: Land disturbing activity that results in the creation, addition, or
replacement of five thousand (5,000) square feet or more of impervious surface area on an
already developed site. Redevelopment includes, but is not limited to: the expansion of a
building footprint; addition or replacement of a structure; replacement of impervious surface
area that is not part of routine maintenance activity; and land disturbing activity related to
structural or impervious surfaces. It does not include routine maintenance to maintain
original line and grade, hydraulic capacity, or original purpose of facility, nor does it include
emergency construction activities required to immediately protect public health and safety
(order no. R4-2012-0175).
REGIONAL BOARD: The California regional water quality control board, Los Angeles region.
RESTAURANT: A facility that sells prepared foods and drinks for consumption, including
stationary lunch counters and refreshment stands selling prepared foods and drinks for
mmediate consumption (SIC code S812) (order no. R4-2012-0175).
RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils (order
no. R4-2012-0175).
ROUTINE MAINTENANCE: Includes, but is not limited to, projects conducted to
5. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
6. Perform as needed restoration work to preserve
the original
design
grade, integrity and
hY draulic capacity of flood control facilities.
7. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and
performing ditch cleanouts.
8. Update existing lines and facilities to comply with applicable codes, standards, and
regulations regardless if such projects result in increased capacity. Updating existing lines
includes replacing existing lines with new materials or pipes.
9. Repair leaks.
Routine maintenance does not include construction of new lines or facilities resulting
June 25, 2019
Page 20 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
from compliance with applicable codes, standards and regulations. New lines are those
that are not associated with existing facilities and are not part of a project to update or
replace existing lines (order no. R4-2012-0175).
SIGNIFICANT ECOLOGICAL AREAS (SEAS): An area that is determined to possess an example of
biotic resources that cumulatively represent biological diversity, for the purposes of
protecting biotic diversity, as part of the Los Angeles County general plan. Areas are
designated as SEAS, if they possess one or more of the following criteria:
10. The habitat of rare, endangered, and threatened plant and animal species.
11. Biotic communities, vegetative associations, and habitat of plant and animal species that
are either one of a kind, or are restricted in distribution on a regional basis.
12. Biotic communities, vegetative associations, and habitat of plant and animal species that
are either one of a kind or are restricted In distribution in Los Angeles County,
13. Habitat that at some point in the life cycle of a species or group of species, serves as a
concentrated breeding, feeding, resting, migrating grounds and is limited in availability
either regionally or within Los Angeles County.
14. Biotic resources that are of scientific interest because they are either an extreme in
physical/geographical limitations, or represent an unusual variation in a population or
community.
15. Areas important as game species habitat or as fisheries.
16. Areas that would provide for the preservation of relatively undisturbed examples of
natural biotic communities in Los Angeles County.
17. Special areas (order no. R4-2012-0175)
SITE: Land or water area where any "facility or activity" is physically located or conducted,
including adjacent land used in connection with the facility or activity (order no. R4-2012-
0175).
STORM DRAIN SYSTEM: Any facility or any parts of the facility, including streets, gutters,
conduits, natural or artificial drains, channels and watercourses that are used for the purpose
of collecting, storing, transporting or disposing of stormwater and are located within the city.
STORM WATER OR STORMWATER: Runoff and drainage related to precipitation events
(pursuant to 40 CFR section 122.26(b)(13); 55 fed. reg. 47990, 47995 (November 16, 1990)).
URBAN RUNOFF: Surface water flow produced by storm and non -storm events. Non -storm
events include flow from residential, commercial or industrial activities involving the use of
potable and non -potable water. (Ord. 13-979)
June 25, 2019
Page 21 of 25
ARTICLE N, Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
B. Low Impact Development and Green Streets Policy
1. Objective: The provisions of this section establish requirements for construction activities
and facility operations of development and redevelopment projects to comply with the
current "order no. R4-2012-0175", lessen the water quality impacts of development by
using smart growth practices, and integrate LID practices and standards for stormwater
pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and
rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment
requirements.
2. Scope: This section contains requirements for stormwater pollution control measures in
development and redevelopment projects and authorizes the city to further define and
adopt stormwater pollution control measures, and to develop LID principles and
requirements, including, but not limited to, the objectives and specifications for
integration of LID strategies, grant waivers from the LID requirements, and collect funds
for projects that are granted waivers. Except as otherwise provided herein, the city shall
administer, implement and enforce the provisions of this section.
3. Applicability: Development projects subject to permittee conditioning and approval for
the design and implementation of post -construction controls to mitigate stormwater
pollution, prior to completion of the project(s), are:
a. All development projects equal to one acre or greater of disturbed area that adds
more than ten thousand (10,000) square feet of impervious surface area.
b. Industrial parks ten thousand (10,000) square feet or more of surface area.
c. Commercial malls ten thousand (10,000) square feet or more of surface area.
d. Retail gasoline outlets with five thousand (5,000) square feet or more of surface area.
e. Restaurants (standard industrial classification (SIC) of 5812) with five thousand
(5,000) square feet or more of surface area.
f. Parking lots with five thousand (5,000) square feet or more of impervious surface
area, or with twenty five (25) or more parking spaces.
g. Streets and roads construction of ten thousand (10,000) square feet or more of
mpervious surface area. Street and road construction applies to stand alone streets,
roads, highways, and freeway projects, and also applies to streets within larger
projects.
June 25, 2019
Page 22 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-1N-10: Low Impact Development (LID) Standards and Green Streets:
h. Automotive service facilities (standard industrial classification (SIC) of 5013, 5014,
5511, 5541, 7532-7534 and 7536-7539) five thousand (5,000) square feet or more of
surface area.
Projects located in or directly adjacent to, or discharging directly to an
environmentally sensitive area (ESA), where the development will:
Discharge stormwater runoff that is likely to impact a sensitive biological species
or habitat; and
ii. Create two thousand five hundred (2,500) square feet or more of impervious
surface area.
j. Single-family hillside homes.
k. Redevelopment projects.
Land disturbing activity that results in the creation or addition or replacement of
five thousand (5,000) square feet or more of impervious surface area on an
already developed site on planning priority project categories.
ii. Where redevelopment results in an alteration to more than fifty percent (50%) of
impervious surfaces of a previously existing development, and the existing
development was not subject to post -construction stormwater quality control
requirements, the entire project must be mitigated.
iii. Where redevelopment results in an alteration of less than fifty percent (50%) of
impervious surfaces of a previously existing development, and the existing
development was not subject to post -construction stormwater quality control
requirements, only the alteration must be mitigated, and not the entire
development.
iv. Redevelopment does not include routine maintenance activities that are
conducted to maintain original line and grade, hydraulic capacity, original
purpose of facility or emergency redevelopment activity required to protect
public health and safety. Impervious surface replacement, such as the
reconstruction of parking lots and roadways which does not disturb additional
area and maintains the original grade and alignment, is considered a routine
maintenance activity. Redevelopment does not include the repaving of existing
roads to maintain original line and grade.
v. Existing single-family dwelling and accessory structures are exempt from the
redevelopment requirements unless such projects create, add, or replace ten
thousand (10,000) square feet of impervious surface area.
lune 25, 2019
Page 23 of 25
ARTICLE N. Site Planning and General Develoment Standards
9-11N-10: Low Impact Development (LID) Standards and Green Streets:
4. Specific Requirements: The site for every planning priority project shall be designed to
control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by
minimizing impervious surface area and controlling runoff from impervious surfaces
through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
a. Anew single-family hillside home development shall include mitigation measures to:
i. Conserve natural areas;
Protect slopes and channels;
Provide storm drain system stenciling and signage;
v. Divert roof runoff to vegetated areas before discharge unless the diversion would
result in slope instability; and
v. Direct surface flow to vegetated areas before discharge, unless the diversion
would result in slope instability.
b. Street and road construction of ten thousand (10,000) square feet or more of
impervious surface shall follow USEPA guidance regarding managing wet weather
with green infrastructure: green streets (December 2008 EPA -833-F-08-009) to the
maximum extent practicable.
c. The remainder of planning priority projects shall prepare an LID plan to comply with
the following:
i. Retain stormwater runoff on site for the stormwater quality design volume
(SWQDv) defined as the runoff from: (1) The eighty fifth percentile 24-hour
runoff event as determined from the Los Angeles County eighty fifth percentile
precipitation isohyetal map; or the volume of runoff produced from a 0.75 inch,
24-hour rain event, whichever is greater.
ii. Minimize hydromodification impacts to natural drainage systems as defined in
order no.R4-2012-0175.
To demonstrate technical infeasibility, the project applicant must demonstrate
that the project cannot reliably retain one hundred percent (100%) of the
SWQDv on site, even with the maximum application of green roofs and rainwater
harvest and use, and that compliance with the applicable post -construction
requirements would be technically infeasible by submitting a site specific
hydrologic and/or design analysis conducted and endorsed by a registered
professional engineer, geologist, architect, and/or landscape architect. Technical
infeasibility may result from conditions including the following:
lune 2S, 1019
Page 24 of 25
ARTICLE N. Site Planning and General Develoment Standards
9 -SN -10: Low Impact Development (LID) Standards and Green Streets:
• The infiltration rate of saturated in situ soils is less than 0.3 inch per
hour and it is not technically feasible to amend the in situ soils to attain
an infiltration rate necessary to achieve reliable performance of
infiltration or bioretention BMPs in retaining the SWQDv on site.
• Locations where seasonal
high
groundwater is
within five (5) to ten feet
(10') of surface grade;
• Locations within one hundred feet (100') of a groundwater well used for
drinking water;
• Brownfield development sites or other locations where pollutant
mobilization is a documented concern;
• Locations with potential geotechnical hazards;
• Smart growth and infill or redevelopment locations where the density
and/or nature of the project would create significant difficulty for
compliance with the on-site volume retention requirement.
iv. If partial or complete on site retention is technically infeasible, the project site
may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably
retained on site. Biofiltration BMPs must adhere to the design specifications
provided in order no. R4-2012-0175. Additional alternative compliance options
such as off site infiltration and groundwater replenishment projects may be
available to the project site. The project site should contact the city of Temple
City to determine eligibility.
v. The remaining SWQDv that cannot be retained or biofiltered on site must be
treated on site to reduce pollutant loading. BMPs must be selected and designed
to meet pollutant specific benchmarks as required per order no. R4-2012-0175.
Flow through BMPs may be used to treat the remaining SWQDv and must be
sized based on a rainfall intensity of: 0.2 inch per hour, or
the 1 -year, 1 -hour rainfall intensity as determined from the most recent Los
Angeles County isohyetal map, whichever is greater.
5. Additional Requirements: The site for projects not classified with general applicability
listed in subsection C of this section, but resulting in the creation or addition or
replacement of five hundred (500) square feet or more of impervious surface area shall
be designed to control pollutants, pollutant loads, and runoff volume per the Temple City
"Low Impact Development Manual". (Ord. 13-979)
June 25, 2019
Page 25 of 25
ARTICLE 0. WATER EFFICIENT LANDSCAPE
9101: APPLICABILITY:
A. New landscape projects with an
aggregate
landscape area equal to or
greater than 500
square feet, requiring a building or
landscape
permit, plan
check or design
review;
B. Rehabilitated
landscape projects with an
aggregate
landscaped
area equal to or
greater than
2,500 square
feet, requiring a building or
landscape
permit, plan
check or design
review;
C. New or rehabilitated landscape
projects with
an aggregate landscape area
of 2,500 square
feet or less may comply with the
performance
requirements of this article or
conform to the
prescriptive measures contained
in appendix A
of the guidelines on file in the
city;
D. New or rehabilitated projects using treated or untreated graywater or rainwater capture on
site, any lot or parcels within the project that has less than 2,500 square feet of landscape
area and meets the lot or parcel's landscape water requirement (estimated total water use)
entirely with the treated or untreated graywater or through stored rainwater capture on site
is subject only to appendix A of the guidelines on file in the city.
E. This article does not apply to:
1. Registered local, state, or federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation system;
3. Mined land reclamation projects that do not require a permanent irrigation system; or
4. Plant collections, as part of botanical gardens and arboretums open to the public.
9-10-2: LANDSCAPE WATER USE STANDARDS:
A. For applicable landscape installation or rehabilitation projects subject to section 9-10-1, the
estimated total water use allowed for the landscaped area must not exceed the MAWA
calculated using an ET adjustment factor of 0.55 for residential areas and 0.45 for
nonresidential areas, except for special landscaped areas where the MAWA is calculated
using an ET adjustment factor of 1.0; or the design of the landscaped area must otherwise be
shown to be equivalently water efficient in a manner acceptable to the city; as provided in
the guidelines.
B. Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and
requirements, and will be subject to penalties and incentives for water conservation and
lune 25, 2019
Page 1 of 5
ARTICLE O. WATER EFFICIENT LANDSCAPE
9-10-3: IMPLEMENTATION:
water waste prevention as determined and implemented by the local water purveyor or as
mutually agreed by local water purveyor and the local agency.
9-10-3: IMPLEMENTATION:
A. Prior to installation, a landscape documentation package must be submitted to the city for
review and approval of all landscape projects subject to the provisions of this article. Any
landscape documentation package submitted to the city must comply with the specifications
of the guidelines.
e. The landscape documentation package must include a certification by a professional
appropriately licensed in the state of California stating that the landscape design and water
use calculations have been prepared by or under the supervision of the licensed professional
and are certified to be in compliance with the provisions of this article and the guidelines. The
following are the minimum requirements:
1. Landscape and irrigation plans must be submitted to the city for review and approval
with appropriate water use calculations.
2. Verification of compliance of the landscape installation with the approved plans must be
obtained through a certification of completion in conjunction with a certificate of use and
occupancy or permit final process, as provided in the guidelines.
9-10-4: GUIDELINES:
The city's water efficient landscape guidelines are created to guide the implementation of this article. It
provides specific technical and procedural guidance for the applicant to comply with this article. It has the
same power of this article and compliance with the guidelines is required for all applicable projects. The
guidelines are also intended for use and reference by city staff in reviewing and approving the designs
and verifying compliance.
DELEGATION:
The city may delegate to, or enter into a contract with, a local agency to implement, administer, and/or
enforce any of the provisions of this article including the guidelines.
9-10-6: DEFINITIONS:
The following definitions are applicable to this article:
AGGREGATE LANDSCAPE AREAS: The areas undergoing development as one project or for production
home neighborhoods or other situations where multiple parcels are undergoing development as one
project, but will eventually be individually owned.
June 25, 2019
Page 2 of 5
ARTICLE O. WATER EFFICIENT LANDSCAPE
9-10-6: DEFINITIONS:
APPLIED WATER: The portion of water supplied by the irrigation system to the landscape.
BUDGET BASED TIERED RATE STRUCTURE: Tiered or block rates for irrigation accounts charged by the
retail water agency in which the block definition for each customer is derived from lot size or irrigated
area and the evapotranspiration requirements of landscaping.
ET ADJUSTMENT FACTOR OR ETAF: A factor that, when applied to reference evapotranspiration, adjusts
for plant factors and irrigation efficiency, the two major influences upon the amount of water that needs
to be applied to the landscape.
ECOLOGICAL RESTORATION PROJECT: A project where the site is intentionally altered to establish a
defined, indigenous, historic ecosystem.
ESTIMATED TOTAL WATER USE: The average annual total amount of water estimated to be necessary to
keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference
evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation
efficiency of the irrigation system.
GUIDELINES: Refers to the "Guidelines for Implementation of The Water Efficient Landscape Ordinance"
as adopted by the city, which describes procedures, calculations, and requirements for landscape projects
subject to this article.
HARDSCAPES: Any durable material or feature (pervious and non pervious) installed in or around a
landscaped area, such as pavements or walls. Pools and other water features are considered part of the
landscaped area and not considered hardscapes for purposes of this article.
IRRIGATION EFFICIENCY: The measurement of the amount of water beneficially used divided by the
amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation
system characteristics and management practices. The irrigation efficiency for purposes of this article is
0.75 for overhead spray devices and 0.81 for drip systems.
LANDSCAPE CONTRACTOR: A person licensed by the state of California to construct, maintain, repair,
nstall, or subcontract the development of landscape systems.
LANDSCAPE DOCUMENTATION PACKAGE: The documents required to be provided to the city for review
and approval of landscape design projects, as described in the guidelines.
LANDSCAPE PROJECT: Total area of landscape in a project, as provided in the definition of "landscaped
area", meeting the requirements under section 1.1 of the guidelines.
LANDSCAPED AREA: All the planting areas, turf areas, and water features in a landscape design plan
subject to the maximum applied water allowance and estimated applied water use calculations. The
landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots,
June 25, 2019
Page 3 of 5
ARTICLE O. WATER EFFICIENT LANDSCAPE
9-10-6: DEFINITIONS:
decks, patios, gravel or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated
areas designated for nondevelopment (e.g., open spaces and existing native vegetation).
LOCAL AGENCY: A city or county, including a charter city or charter county, that is authorized to
mplement, administer, and/or enforce any of the provisions of this article. The local agency may be
esponsible for the enforcement or delegation of enforcement of this article including, but not limited to,
design review, plan check, issuance of permits, and inspection of a landscape project.
LOCAL WATER PURVEYOR: Any entity, including a public agency, city, county, or private water company
that provides retail water service.
MAXIMUM APPLIED WATER ALLOWANCE OR MAWA: The upper limit of annual applied water for the
established landscaped area as specified in section 2.2 of the guidelines. It is based upon the area's
reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The
estimated applied water use must not exceed the maximum applied water allowance. MAWA = (ETo)
(0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]
MINED LAND RECLAMATION PROJECTS: Any surface mining operation with a reclamation plan approved
n accordance with the surface mining and reclamation act of 1975.
NEW CONSTRUCTION: For the purposes of this article, a new building with a landscape or other new
andscape such as a park, playground, or greenbelt without an associated building.
NONPERVIOUS: Any surface or natural material that does not allow for the passage of water through the
material and into the underlying soil.
PERMIT: An authorizing document issued by local agencies for new construction or rehabilitated
landscape.
PERVIOUS: Any surface or material that allows the passage of water through the material and into the
underlying soil.
PLANT FACTOR OR PLANT WATER USE FACTOR: A factor, when multiplied by ETo, that estimates the
amount of water needed by plants. For purposes of this article, the plant factor range for very low water
use plants is zero to 0.1; the plant factor range for low water use plants is 0.2 to 0.3; the plant factor
range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is
0.7 to 1.0. Plant factors cited in this article are derived from the publication "Water Use Classification of
Landscape Species". Plant factors may also be obtained from horticultural researchers from academic
nstitutions or professional associations as approved by the California department of water resources
(DWR).
RECYCLED WATER OR RECLAIMED WATER: Treated or recycled wastewater of a quality suitable for non -
potable uses such as landscape irrigation and water features. This water is not intended for human
consumption.
June 25, 2019
Page 4 of S
ARTICLE O. WATER EFFICIENT LANDSCAPE
9-10-6: DEFINITIONS:
REFERENCE EVAPOTRANSPIRATION OR ETo: A standard measurement of environmental parameters
which affect the water use of plants. ETo is given expressed in inches per day, month, or year as
epresented in appendix A of the guidelines, and is an estimate of the evapotranspiration of a large field
of four (4) to seven inch (7") tall, cool season grass that is well watered. Reference evapotranspiration is
used as the basis of determining the maximum applied water allowances.
REHABILITATED LANDSCAPE: Any re -landscaping project that meets the applicability criteria Of this article,
where the modified landscape area is greater than 2,500 square feet.
SMART IRRIGATION CONTROLLER: An automatic irrigation controller utilizing either evapotranspiration or
soil moisture sensor data with nonvolatile memory must be required for irrigation scheduling in all
rrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
SPECIAL LANDSCAPE AREA: An area of the landscape dedicated solely to edible plants such as orchards
and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and
ecreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf
provides a playing surface.
TURF: A ground
cover surface of mowed
grass. Annual bluegrass, Kentucky
bluegrass, perennial ryegrass,
red fescue, and
tall fescue are cool season grasses. Bermuda grass, kikuyu
grass, seashore paspalum, St.
Augustine grass,
zoysia grass, and buffalo
grass are warm season grasses.
VALVE: A device used to control the flow of water in an irrigation system.
WATER FEATURE: A design element where open water performs an aesthetic or recreational function.
Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools
(where water is artificially supplied). The surface area of water features is included in the high-water use
hydrozone of the landscaped area. Constructed wetlands used for onsite wastewater treatment, habitat
protection or stormwater best management practices that are not irrigated and used solely for water
treatment or stormwater retention are not water features and, therefore, are not subject to the water
budget calculation.
June 25, 2019
Page 5 of 5
ARTICLE P. REGULATION OF EXCESSIVE NOISE
9-1P-1: EXEMPTIONS:
Sound emanating from the following sources is exempt from the provisions of this article:
A. Facilities owned or operated by or for a governmental agency.
B. Capital improvement projects of a governmental agency.
C. The maintenance or repair of public properties.
D. Construction operation, maintenance, and repairs of equipment, apparatus, or facilities of the
parks and recreation department, public works projects, or essential public services and
facilities, including those of public utilities subject to the regulatory jurisdiction of the California
public utilities commission.
E. Public safety personnel in the course of executing theirofficial duties, including, but not limited
to, sworn peace officers, emergency personnel and public utility personnel. This exemption
includes, without limitation, sound emanating from all equipment used by such personnel,
whether stationary or mobile.
F. Public or private schools and school sponsored activities.
G. Construction projects requiring a building permit are exempt from noise regulations, provided
that such construction activities occur on weekdays between 7:00 A.M. and 7:00 P.M., and
Saturdays between 8:00 A.M. to 4:00 P.M. No construction work is allowed on Sundays or
federal holidays.
H. Property maintenance, including, but not limited to, the operation of lawn mowers, leaf
blowers, etc., provided such maintenance occurs between the hours of 7:00 A.M. and 7:00 P.M.
Motor vehicles, other than off highway vehicles. This exemption does not include sound
emanating from motor vehicle sound systems.
J. Heating and air conditioning equipment.
K. Safety, warning and alarm
devices, including, but
not
limited to, house and car alarms, and
other warning devices that
are designed to protect
the
public health, safety, and
welfare.
L. The discharge of firearms consistent with all state and federal laws.
lune 25, 2019
Page 1 of 6
ARTICLE L: Regulation of Excessive Noise
M. Any activity as to which the city councilor planning commission has issued an exception based
on hardship, or to execute phase-in requirements.
N. Involuntary noise.
O. Isolated singular noises no exceeding 2 seconds) not repeated within 60 minutes.
P. Matters preempted by state or federal law.
Q. Matters involving the reasonable exercise of constitutional
guarantees
unless outweighed
by
compelling governmental interests or appropriate exercise
of the police
power.
similar device.
R. Emergency work as defined under section 9-11-2 of this article.
S. Noise as to which there is specific consent from all affected persons.
9-1P-2: DEFINITIONS:
As used in this article, the following terms will have the following meanings:
AUDIO EQUIPMENT: A television, stereo, radio, tape player, compact disc player, MP3 player, iPod or
another similar device.
DECIBEL (dB): A unit for measuring the relative amplitude of a sound equal approximately to the smallest
difference normally detectable by the human ear, the range of which includes approximately 130 decibels
on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a
sound level meter using different methodologies as defined below:
A -Weighting (dBA): The standard A -weighted frequency response of a sound level meter, which de-
emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.
Maximum Sound Level (Lmax): The maximum sound level measured on a sound level meter.
EMERGENCY WORK: Work made necessary to restore property to a safe condition following a public
calamity, or work required to protect persons or property from an imminent exposure to danger or work
by public or private utility to restore utility service.
GOVERNMENTAL AGENCY: The United States, the state of California, the county of Los Angeles, the city of
Temple City or any combination of these agencies.
MOTOR VEHICLE: A vehicle that is self-propelled.
MOTOR
VEHICLE SOUND SYSTEM:
A stereo, radio,
tape player,
compact disc player, MP3
player, iPod or
another
similar device.
June 25, 2019
Page 2 of 6
ARTICLE L: Regulation of Excessive Noise
9-1P-3: General Sound Level Standards:
NOISE: Any loud, discordant or disagreeable sound.
OCCUPIED PROPERTY: Property upon which is located a residence, business or industrial or manufacturing
use.
OEF HIGHWAY VEHICLE: A motor vehicle designed to travel over any terrain.
PUBLIC OR PRIVATE SCHOOL: An institution conducting academic instruction at the preschool, elementary
school, junior high school, high school, or college level.
PUBLIC PROPERTY: Property owned by a governmental agency or held open to the public, including, but
not limited to, parks, streets, sidewalks, and alleys.
SENSITIVE RECEPTOR: A land use that is identified as sensitive to noise, including, but not limited to,
esidences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
SOUND AMPLIFYING EQUIPMENT: A loudspeaker, microphone, megaphone or another similar device.
SOUND LEVEL METER: An instrument meeting the standards of the American National Standards Institute
for type 1 or type 2 sound level meters or an instrument that provides equivalent data.
9-1P-3: GENERAL SOUND LEVEL STANDARDS:
A person must not create any sound, or allow the creation of any sound, on any property that causes the
exterior sound level on any other occupied property to exceed the sound level standards set forth by the
following standards:
At the boundary line between two of the above zones, the noise level of the quieter zone will be used.
9-11P
-4: SOUND LEVEL MEASUREMENT METHODOLOGY:
Sound level measurements may be made anywhere within the boundaries of an occupied property. The
actual location of a sound level measurement will be at the discretion of the enforcement officials identified
n section 9-11-6 of this article. Sound level measurements will be made with a sound level meter,
mmediately before a measurement is made, the sound level meter will be calibrated utilizing an acoustical
June 25, 2019
Page 3 of 6
ARTICLE L: Regulation of Excessive Noise
9-1P-5: Special Sound Source Standards:
calibrator meeting the standards of the American National Standards Institute. Following a sound level
measurement, the calibration of the sound level meter must be reverified. Sound level meters and
calibration equipment must be certified annually.
9 -1P -S: SPECIAL SOUND SOURCE STANDARDS:
The general sound level standards set forth in section 9-1P-3 of this article apply to sound emanating from
all sources, including the following special sound sources, and the person creating, or allowing the creation
of, the sound is subject to the requirements of that section. The following special sound sources are also
subject to the following additional standards, the failure to comply with which constitute separate
violations of this article.
A. Motor Vehicles:
1. Off Highway Vehicles:
a. A person must not operate an off-highway vehicle unless it is equipped with a USDA
qualified spark arrester and a constantly operating and properly maintained muffler. A
muffler is not considered constantly operating and properly maintained if it is
equipped with a cutout, bypass or similar device.
b. A person must not operate an off-highway vehicle unless the noise emitted by the
vehicle is not more than 96 dBA if the vehicle was manufactured on or after-lanuary 1,
1986, or is not more than 101 dBA if the vehicle was manufactured before January 1,
1986. For purposes of this subsection, emitted noise will be measured 20 inches from
the vehicle tailpipe using test procedures established by the Society of Automotive
Engineers under standard J-1287.
2. Sound Systems: A person must not operate a motorvehicle sound system, whether affixed
to the vehicle or not, between the hours of 10:00 P.M. and 7:00 A.M., such that the sound
system is audible to the human ear inside any inhabited dwelling. A person must not
operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other
time such that the sound system is audible to the human ear at a distance greater than
100 feet from the vehicle.
8. Power Tools and Equipment: A person must not operate any power tools or equipment
between the hours of 10:00 P.M. and 7:00 A.M. such that the power tools or equipment are
audible to the human ear inside an inhabited dwelling other than a dwelling in which the power
tools or equipment may be located. A person must not operate any power tools or equipment
at any other time such that the power tools or equipment are audible to the human ear at a
distance greater than 100 feet from the power tools or equipment.
C. Audio Equipment: A person must not operate any audio equipment, whether portable or not,
between the hours of 10:00 P.M. and 7:00 A.M. such that the equipment is audible to the
June 25, 2019
Page 4 of 6
ARTICLE L: Regulation of Excessive Noise
9-113-6: Enforcement:
human ear inside an inhabited dwelling other than a dwelling in which the equipment maybe
located. A person must not operate any audio equipment, whether portable or not, at any
other time such that the equipment is audible to the human carat a distance greater than 100
feet from the equipment.
D. Sound Amplifying Equipment and Live Music: A person must not install, use or operate sound
amplifying equipment, or perform, or allow to be performed, live music unless such activities
comply with the following requirements. To the extent that these requirements conflict with
any conditions of approval attached to an underlying land use permit, these requirements will
control.
1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 P.M.
and 7:00 A.M. and sound emanating from sound amplifying equipment or live music at any
other time must not be audible to the human ear at a distance greater than 200 feet from
the equipment or music.
2. The use of sound amplifying equipment or live music in a condominium complex which
exceeds the noise limits as set forth in section 9-1P-3 of this article, measured at any
property line, or, measured in another condominium unit within the complex, is in violation
of this article.
9-1P-6: ENFORCEMENT:
City of Temple City code enforcement personnel and the Los Angeles County sheriff have the primary
responsibility for enforcing this article; provided, however, code enforcement personnel and the sheriff
may be assisted by the public health department. Violations will be prosecuted as described in section 9-
1P-8 of this article, but nothing in this article prevent the sheriff, code enforcement or the department of
public health from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or
educational programs.
9-1P-7: DUTY TO COOPERATE:
A person must not refuse to cooperate with, or obstruct, the enforcement officials identified in section 9-
1P-6 of this article when they are engaged in the process of enforcing the provisions of this article. This
duty to cooperate may require a person to extinguish a sound source so that it can be determined whether
sound emanating from the source violates the provisions of this article.
9-1P-8: VIOLATIONS AND PENALTIES:
Any person who violates any provision of this article once or twice within a 180 -day period is guilty of an
n Any person who violates any provision of this article more than twice within a 180 -day period is
guilty of a misdemeanor. Each day a violation is committed or permitted to continue constitutes a separate
offense and shall be punishable as such. Penalties shall not exceed the following amounts:
June 25, 2019
Page 5 of 6
ARTICLE L: Regulation of Excessive Noise
9-1P-8: Violations and Penalries-
A. For the first violation within a 180 -day period the minimum mandatory fine is 500 dollars.
B. For the second violation within a 180 -day period the minimum mandatory fine is 750 dollars.
C. For any further violations within a 180 -day period the minimum mandatory fine is 1,000 dollars
or, imprisonment in the county jail for a period not exceeding six months, or both.
Page 6 ofL61�
ARTICLES. DEDICATION OF MAPPED STREETS
9-15-1: PURPOSE:
As a result of studies conducted by the city council, planning commission and city staff, it is apparent and
so found, that certain streets within the city are of insufficient width to properly accommodate the flow
of vehicular traffic generated by uses along that street. It is essential, to fix such deficiencies, that a
requirement of dedication for public street purposes be imposed upon the use of property or issuance of
building permits thereon, as required in the following section.
9-15-2: APPLICATION:
For lots that have amulti-family or nonresidential zoning designation and abut any street declared in this
chapter as being deficient in width, a building permit with an estimated cost of 1,000 dollars must not be
ssued and any new use must not be established. The above does not apply if the owner of the lot makes
a formal offer of dedication to the city, for public street purposes, of any area along all street frontage of
such lots, which area is needed to provide one-half of the total required ultimate street right of way.
June 25, 2019
Page 1 of 1
ARTICLE T. SPECIAL USES
9-1T-1: TOBACCO/E-CIGARETTE STORE:
A. Definitions:
E-CIGARETTE/VAPORIZER RETAILER: An establishment for which more than 50 percent of the
floor area is dedicated to the display and retail sale of nicotine enriched solutions and/or
vaporizers.
PARAPHERNALIA: Any apparatus, equipment, or instruments used far smoking tobacco,
cannabis, or controlled substances, and/or inhaling mist of nicotine enriched solutions, for
the purpose of personal or recreational satisfactions.
TOBACCO RETAILER: An establishment for which more than 50 percent of the floor area is
dedicated for the display and retail sale of tobacco, cigarettes, and related products. This
provision does not include the sales of tobacco and tobacco products from a permitted
grocery store and similar permitted retail stores, the primary purpose of which are not the
sale of tobacco and tobacco products.
8. Locational Criteria And Minimum Proximity Requirements: A tobacco or e-cigarette/vaporizer
retailer will be permitted under the business class of "tobacco shop" in the Downtown
Commercial Zone, Las Tunas Commercial Zone, Neighborhood Commercial Zone, and the
Industrial Zone, subject to the locational criteria as set forth in the following:
1. No such business will be permitted within 1,000 feet of a public or private school
established for academic education of children or minors under the age of 18 years old.
2. No such business will be permitted within 1,000 feet of a public park.
3. No such business will be permitted within 1,000 feet of an existing tobacco or e-
cigarette/vaporizer business.
4. No such business will be permitted within 1,000 feet of a large childcare center located
within the city's limits.
C. Conditional Use Permit Requirement: No such businesses will be permitted without first
obtaining a conditional use permit.
D. Visibility Requirements:
1. As a retail store,
a tobacco or
e-cigarette/vaporizer
retailer is required to provide
necessary visibility
for the in-store
business activities. A
common way of providing such
lune 25, 2019
Page 1 of 57
ARTICLE T. Special Uses
9-1T-2: Hookah/Smoke
visibility includes, but is not limited to, creating larger window area for the storefront
facing pedestrian and vehicular traffic; maintaining the storefront windows unobstructed
at all times during business hours, and using clear glass instead of tinted glass for the
storefront windows.
2. Window signs for such businesses must be limited to identifying the name of the business
and must not exceed 10 percent of each window area.
E. Limitation on Sales of Paraphernalia: Any commercial retail establishment including a tobacco
or e-cigarette/vaporizer retailer selling paraphernalia as accessory products must limit the
sale, storage, and display of paraphernalia to no more than 20 percent of the total floor area.
Further, all sale, storage, and display of paraphernalia must be conducted within a separate
enclosed room.
9-1T-2: H001<AH/SMOKE LOUNGE
A. Definition:
HOOKAH/SMOKE LOUNGE: An establishment for which the configuration of the floor area is
to facilitate on site consumption of tobacco, cigarette, and nicotine enriched solutions. For
clarification purpose, a hookah/smoke lounge, and/or any other similar uses will be
considered an individual business class separated from a tobacco/e-cigarette store.
B. Hookah/Smoke Lounge Prohibited: No hookah/smoke lounge business or similar operations
will be allowed within the city's limits.
9-1T-3: HOUSING FOR PERSONS WITH SPECIAL NEEDS:
Section 9-1T-4 accommodates development of housing for individuals with special needs.
9-1T-4: SINGLE ROOM OCCUPANCY (SRO) BUILDING:
The provisions of
this section
are intended to accommodate
the development of permanent, affordable
housing for small
households
or persons with special needs.
density standard
A. Location: An SRO building will be permitted to locate in the Las Tunas Commercial Zone
subject to the approval of a conditional use permit pursuant to section 9-11-2 of this code.
B. Standards of Development:
1. Las Tunas Corridor
Zone
Standards: An SRO building will be subject to
the standards of
development that
apply
to the Las Tunas Corridor Zone. There is no
density standard
applicable in that zone.
June 25, 2019
Page 2 of 57
ARTICLE T. Special Uses
9-1T-4: Single Room Occupancy (SRO) Building:
2. Unit Size: An SRO unit must contain a floor area of not less than 150 square feet and not
more than 400 square feet.
3. Occupancy: An SRO unit must accommodate a maximum of two persons.
4. Kitchen: An SRO unit may have no kitchen, a partial kitchen or full kitchen facilities. A full
kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is
missing at least one of these appliances. If a full kitchen is not provided, common kitchen
facilities must be provided with at least one full kitchen per floor.
5. Bathroom: An SRO unit is required to have a partial bathroom or may contain full
bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full
facility must have a toilet, sink, bathtub, shower or bathtub/shower combination. If a full
bathroom is not provided, common bathroom facilities must be provided in accordance
with the California building code for congregate residences with at least one full
bathroom per floor that is accessible from a common area or hallway.
6. Closet: Each SRO unit must have a separate closet.
7. Common Area: An SRO building must provide a minimum of 200 square feet of interior
common space plus four additional square feet per SRO unit.
8. Maintenance Facilities: An SRO building must provide a common cleaning supply room or
utility closet with a wash sink having hot and cold running water on every floor.
9. Trash Enclosure:
An
SRO
building
must provide a trash enclosure to the minimum
requirements of 9-11-3
this
code.
10. Existing Structures: An existing
structure may
be converted to an SRO building
subject to
compliance with the provisions
of this section.
C. Parking:
1. Vehicular Parking: One off street parking space must be provided per four SRO units plus
an additional one space for the on-site manager, all in a manner consistent with 9-1E of
this code.
2. Bicycle Parking: A minimum of one bicycle parking space must be provided for every four
SRO units, or an alternate number may be approved by the director.
D. Management:
June 25, 2019
Page 3 of 57
ARTICLE T. Special Uses
9-1T-5: Emer¢encv Shelters:
1. Facility Management: An SRO building with nine units or less must provide a
management office on the premises. An SRO building with 10 units or more must provide
for a resident manager on the premises.
2. Management Plan: A management plan must be submitted with the application to
develop or operate an SRO building. The management plan must address planned
management and operation of the facility, rental procedures, safety and security of
residents and building maintenance. The management plan must be approved by the
director prior to occupancy or operation of the SRO building.
E. Business License: The agency or organization operating the SRO building must obtain a city
business license before commencing operation. The application submittal requirements must
include, but not be limited to, a completed city business license application subject to the
provisions of Title 5 of this code, a written management plan, and letter -sized copies of the
site plan and floor plan.
9-1T-5: EMERGENCY SHELTERS:
The provisions
of this section
are intended to provide opportunities for the
development of temporary
shelters for the
homeless and
specific populations of the homeless.
plan review
A. Location: An emergency shelter will be
permitted to locate in the CSP -MU -B and CSP -CC
zones only along
Rosemead
Boulevard between Las
Tunas Drive and Broadway, subject to
approval of a site
plan review
pursuant to
9-1C of this
code before commencing operation.
B. Concentration of
Emergency Shelters: No
more than one emergency shelter will
be permitted
to locate within a
radius of 300 feet from
another emergency shelter.
same time.
C. Standards of Development:
1. Maximum Capacity:
An
emergency shelter will
contain a maximum of 30 beds and must
serve no more than
30
homeless persons at the
same time.
2. Interior Intake Space:
An emergency
shelter must provide
an interior waiting and intake
area which contains
a minimum of
200 square feet. No
exterior waiting area will be
allowed on or off the
premises.
3. Common Facilities: An emergency shelter must provide common areas with common
facilities including, but not limited to, a central kitchen, dining room, laundry room, and a
common gathering area.
4. Open Space:
An
emergency shelter must provide
adequate outdoor open space area with
landscaping.
All
open spaces must be fenced and
not visible from Rosemead Boulevard.
June 25, 2019
Page 4 of 57
ARTICLE T. Special Uses
9-1T-6: Adult Oriented Business:
5. Lighting: An emergency shelter must provide adequate external lighting for security
purposes. The lighting must be stationary, directed away from adjacent properties and
public rights-of-way, and with brightness or glare controlled to be compatible with the
neighborhood.
6. Maintenance Facilities: An emergency shelter must provide a utility closet for storage of
cleaning supplies and equipment, and with a wash sink having hot and cold running water.
7. Trash Enclosure: An emergency shelter must provide a trash enclosure to the minimum
requirements of the R-3 zone.
D. Parking: An emergency shelter must provide one off street parking space for every 10 beds
plus one-off street parking space per each employee and agency vehicle, all in a manner
consistent with 9-1E of this code.
E. Management: The agency or organization operating the shelter must comply with the
following requirements:
1. Duration of stay by residents must be limited to a maximum of six months.
2. Supportive services must be provided to
assist residents to obtain
permanent shelter and
income. Such
services must be provided
at no cost to tenants.
3. The agency or organization operating the emergency shelter must have a written
management plan including, as applicable, provisions for staff training, neighborhood
outreach, admittance hours, security, screening of residents to ensure compatibility with
services provided at the facility, and for training, counseling, and treatment programs for
tenants.
4. Emergency shelters must provide for an onsite resident manager, an onsite management
office and security during all hours of operation.
F. Business License: The agency or organization operating the emergency shelter must obtain a
City business license before commencing operation. The application submittal requirements
must include, but not be limited to, a completed City business license application subject to
the provisions of Title 5 of this code, a written management plan, and letter -sized copies of
the site plan and floor plan. (Ord. 13-972)
9-1T-6: ADULT ORIENTED BUSINESS:
A. Definitions: As used in this section, the following words or terms have such meanings herein
ascribed to them:
ADULT ORIENTED BUSINESSES: Any one of the following:
June 25, 2019
Page 5 of 57
ARTICLE T. Special Uses
9-1T-6: Adult Oriented Business:
ADULT ARCADE: An establishment where, for any form of consideration, one or more still or
motion picture projectors, or similar machines, for viewing by five or fewer persons each, are
used to show films, computer generated images, motion pictures, videocassettes, slides or
other photographic reproductions 30 percent or more of the number of which are
distinguished or characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT BOOKSTORE: An establishment that has 30 percent or more of its stock in books,
magazines, periodicals or other printed matter, or of photographs, films, motion pictures,
videocassettes, slides, tapes, records or other form of visual or audio representations which
are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities and/or specified anatomical areas.
ADULT CABARET: A nightclub, restaurant, or similar business establishment which: 1)
regularly features live performances which are distinguished or characterized by an emphasis
upon the display of specified anatomical areas or specified sexual activities; and/or 2) which
regularly features persons who appear seminude; and/or 3) shows films, computer generated
mages, motion pictures, videocassettes, slides, or other photographic reproductions 30
percent or more of the number of which are distinguished or characterized by an emphasis
upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT HOTEL/MOTEL: A hotel or motel or similar business establishment offering public
accommodations for any form of consideration which: 1) provides patrons with closed circuit
television transmissions, films, computer generated images, motion pictures, videocassettes,
slides, or other photographic reproductions 30 percent or more of the number of which are
distinguished or characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas; and 2) rents, leases, or lets any room for less
than a six hour period, or rents, leases, or lets any single room more than twice in a 24 hour
period.
ADULT MOTION PICTURE THEATER: A business establishment where, for any form of
consideration, films, computer generated images, motion pictures, videocassettes, slides or
similar photographic reproductions are shown, and 30 percent or more of the number of
which are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium, or similar establishment which, for any
form of consideration regularly features live performances which are distinguished or
characterized by an emphasis on the display of specified anatomical areas or specified sexual
activities.
MODELING STUDIO: A business which provides, for pecuniary compensation, monetary or
other consideration, hire or reward, figure models who, for the purposes of sexual
June 25, 2019
Page 6 of 57
ARTICLE T. Special Uses
9-1T-6: Adult Oriented Business:
stimulation of patrons, display "specified anatomical areas" to be observed, sketched,
photographed, painted, sculpted or otherwise depicted by persons paying such consideration.
"Modeling studio" does not include schools maintained pursuant to standards set by the
State Board of Education. "Modeling studio" further does not include a studio or similar
facility owned, operated, or maintained by an individual artist or group of artists, and which
does not provide, permit, or make available "specified sexual activities".
CHURCH:
A structure which is used primarily
for religious
worship
and related religious
activities.
business as a new
business;
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or essential
theme of the object described by such phrase. For instance, when the phrase refers to films
"which are distinguished or characterized by an emphasis upon" the depiction or description
of specified sexual activities or specified anatomical areas, the films so described are those
whose dominant or predominant character and theme are the depiction of the enumerated
sexual activities or anatomical areas. See Pringle v. City of Covina, 11S Cal.App.3 151 (1981).
ESTABLISHMENT
OF AN ADULT ORIENTED BUSINESS: Any
of the following:
1. The opening
or commencement of any adult oriented
business as a new
business;
2. The conversion of an existing business, whether or not an adult oriented business, to any
adult oriented business defined herein;
3. The addition of any of the adult oriented businesses defined herein to any other existing
adult-oriented business; or
4. The relocation of any such adult oriented business
JUICE BAR (And Other Places Dispensing Food Or Drink): Any food or beverage establishment
where the persons owning or employed in the preparation or dispensation of such food or
beverage appears before (or is discernable by) the patrons of such establishment as being
nude, seminude or exhibiting the specified anatomical features, as described herein.
REGULARLY FEATURES: With respect to an adult theater or adult cabaret means a regular and
substantial course of conduct. The fact that live performances which are distinguished or
characterized by an emphasis upon the display of specified anatomical areas or specified
sexual activities occurs on two or more occasions within a 30 day period; three or more
occasions within a 60 day period; or four or more occasions within a 180 day period, must to
the extent permitted by law be deemed to be a regular and substantial course of conduct.
SCHOOL: Any child or day care facility, or an institution of learning for minors, whether public
or private, offering instruction in those courses of study required by the California Education
Code and maintained pursuant to standards set by the State Board of Education. This
June 25, 2019
Page 7 of 57
ARTICLE T. Special Uses
9 -IT -6: Adult Oriented Business:
definition includes a nursery school, kindergarten, elementary school, middle or junior high
school, senior high school, or any special institution of education, but it does not include a
vocational or professional institution of higher education, including a community or junior
college, college, or university.
SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region,
buttocks, areola of the female breast, as well as portions of the body covered by supporting
straps or devices.
SPECIAL HEARING OFFICER: The City Manager of this City or his designee.
SPECIFIED ANATOMICAL AREAS: Any of the following:
1. Less than completely and opaquely covered human: a) genitals or pubic region; b)
buttocks, and c) female breast below a point immediately above the top of the areola;
(SHOULD THIS BE A SUBSECTION?)
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered;
3. Any device,
costume or covering that simulates any of the
body
parts included in
subsection 1
or 2 of this definition.
zone subject to certain
distances of
SPECIFIED SEXUAL ACTIVITIES: Any of the following, whether performed directly or indirectly
through clothing or other covering:
1. The fondling or other
erotic touching
of human genitals,
pubic region, buttocks, anus, or
female breast;
Low zone of Industrial
zone subject to certain
distances of
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of or in connection with any of the other activities described
n subsections 1 through 3 of this definition.
B. Locational Criteria and Minimum Proximity
Requirements: An adult
oriented business may be
established
or located in the Mixed -Use
Low zone of Industrial
zone subject to certain
distances of
certain specified land uses or zones
as set forth below:
1. No such business will be permitted within 600
feet
of a public
or private school for the
academic education of children or minors under
the
age of 18 or
a church.
2. No such
business
will be permitted within
300 feet of residentially zoned property or
property
used for
residential purposes.
June 25, 2019
Page 8 of 57
ARTICLE T. Special Uses
9-1T-6: Adult Oriented Business:
3. No such business will be permitted within 300 feet of premises selling alcoholic
beverages.
4. NO such business will be permitted within 1,000 feet of another such adult oriented
business.
5. The distances set forth above will be measured from the external property boundaries of
the property upon which the adult oriented business is located to the nearest property
line or lines of the property so zoned or used without regard to intervening structures or
parcels or rights-of-way.
6. The above
locational criteria apply
in all applicable
zones, except Industrial zoned
properties,
south of Lower Azusa Road
and east of Miller
Drive.
7. The City Council recognizes the constitutional limitation of completely barring such
businesses from the entire City. In the event, a court of final resort finds that these
regulations improperly limit the siting of such activities, then the Council declares that if a
court orders more siting locations, properties abutting the streets known as Las Tunas
Drive and Temple City Boulevard must be the last areas to be opened for such activities.
C. Amortization Of Nonconforming Adult Oriented Business Uses: Any use of real property
existing on the date of the acceptance of this section, which does not conform to the
provisions of subsection D of this section, but which was constructed, operated, and
maintained in compliance with all previous regulations, will be regarded as a nonconforming
use which may be continued for three years after the effective date hereof. On or before
such date, all such nonconforming uses must be terminated unless an extension of time has
been approved by the Special Hearing Officer in accordance with the provisions of subsection
F of this section.
1. Abandonment: Notwithstanding the above, any discontinuance or abandonment of the
use of any lot or structure as an adult oriented business will result in a loss of legal
nonconforming status of such use.
2. Amortization; Annexed Property: Any adult oriented business which was a legal use at
the time of annexation of the property and which is located in the City, but which does
not conform to the provisions of subsection D of this section will be terminated within
one year of the date of annexation unless an extension of time has been approved by the
Special Hearing Officer in accordance with the provisions of subsection F of this section.
D. Extension of Time for Termination of Nonconforming Use: The owner or operator of a
nonconforming use as described in subsection E of this section may apply under the
provisions of this subsection F to the Special Hearing Officer for an extension of time within
which to terminate the nonconforming use.
June 25, 2019
Page 9 of 57
ARTICLE T. Special Uses
9-1T-7: Mini -Malls:
1. Time And Manner Of Application: An application for an extension of time within which to
terminate a use made nonconforming by the provisions of subsection E of this section,
may be filed by the owner of the real property upon which such use is operated, or by
the operator of the use. Such an application must be filed with the Special Hearing
Officer at least 90 days but no more than 180 days prior to the time established in
subsection E of this section for termination of such use.
2. Content of Application; Fees: The application must state the grounds for requesting an
extension of time. The filing fee for such application must be the same as that for a
variance as is set forth in the schedule of fees established by resolution from time to time
by the City Council.
3. Special Hearing Procedure: The City Manager will appoint a Special Hearing Officer to
hear such applications. The Hearing Officer will set the matter for hearing within 15 days
of receipt of the application. All parties involved will have the right to offer testimonial,
documentary and tangible evidence bearing on the issues; may be represented by
counsel; and will have the right to confront and cross examine witnesses. Any relevant
evidence may be admitted that is the sort of evidence upon which reasonable persons
are accustomed to relying in the conduct of serious affairs. Any hearing under this
subsection D may be continued for a reasonable time for the convenience of a party or a
witness. The decision of the Hearing Officer will be final and subject to judicial review
pursuant to Code of Civil Procedure section 1094.5 or 1094.6.
4. Approval of Extension; Findings: An extension under the provisions of this subsection F
will be for a reasonable period of time commensurate with the investment involved, and
will be approved only if the Special Hearing Officer makes all of the following findings or
such other findings as are required by law.
a. The applicant has made a substantial investment (including, but not limited to, lease
obligations) in the property or structure on or in which the nonconforming use is
conducted; such property or structure cannot be readily converted to another use;
and such investment was made prior to adoption of this chapter.
b. The applicant will be unable to recoup said investment as of the date established for
termination of the use; and
c. The
applicant has made good faith efforts to recoup
the
investment and to relocate
the
use to a location in conformance with subsection
D of
this section.
MINI -MALLS:
A. Definition:
June 25, 2019
Page 10 of 57
ARTICLE T. Special Uses
9-1T-7: Mini -Malls:
MINI -MALL: A commercial center consisting of two or more commercial units or business on
a freestanding (self-contained) development site of less than 65,000 square feet of land area
with parking situated between the building or a portion of the building and the street. For
purposes of defining a mini mall, a freestanding (self-contained) development consists of any
commercial center which does not have reciprocal parking and/or reciprocal vehicular access
with any other abutting or adjoining site.
B. Development Standards for Mini -Malls:
1. Any development site with 18,000 square feet of land area or less must be limited to no
more than two commercial units or businesses.
2. The minimum size of a commercial unit in any mini -mall development project must be
1,000 square feet of gross floor area.
3. Parking will be required based upon use, occupancy, gross floor area and number of
individual units; provided, however, that no less than seven parking spaces shall be
provided per commercial unit or business on the street (ground) level. Parking
requirements for a second story and subsequent stories shall be regulated by provisions
of this section of the zoning code based upon the proposed use, occupancy, gross floor
area and number of individual units.
4. Any mini -mall development project shall be subject to a conditional use permit.
5. A traffic report by a registered traffic engineer shall be conducted and shall be submitted
in conjunction with any proposed mini -mall use.
6. Any proposed mini -mall development shall be consistent with and complementary to the
surrounding neighborhood to assure preservation of neighborhood character and
ambiance.
a. Landscaping:
i. Ten percent of all parking
areas shall
be
devoted to landscaped open space.
Landscape plans shall be
prepared
by
a licensed architect or landscape
contractor.
ii. To buffer surface parking areas from adjacent sidewalks and/or parkways, afive-
foot-wide landscaped area shall be provided. Said landscaping may consist of a
landscaped berm, hedge or similar planting material. Hardscape or decorative
block materials shall not constitute landscaping.
June 25, 2019
Page 11 of 57
ARTICLE T. Special Uses
9-1T-8: Firework Stands:
iii. All landscaped areas shall be improved with an irrigation system. Said irrigation
system shall consist of an automatic drip system or similar water conservation
apparatus.
v. Shade producing
trees shall be
planted
in all parking areas at a ratio of one 24 -
inch box size tree
for every four
parking
spaces.
b. Maintenance:
i. The exterior condition of all properties, including, but limited to, parking areas,
exterior walls or landscaped areas shall always be maintained in the state of good
repair.
ii. Maintenance of landscaped areas shall include the continuous operations of
watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding,
plant replacement, fertilization, spraying, control of pests, insects and rodents, or
other operations necessary to ensure normal plant growth.
iii. When a new commercial development is
approved, a covenant and agreement
shall be
signed by
the owner ensuring
the continuous maintenance of the
premises
regardless
of future ownership.
designated on the adopted
c. Signage: No roof signs shall be permitted. All other signage shall be governed by the
zoning code.
d. Security: Adequate security measures shall be incorporated into the design for a
commercial center to ensure a reasonable level of safety.
e. Public Notices:
Public notices
for any public
hearing shall be mailed to all property
owners within
500 feet of the
subject site.
on a
9-1T-8: FIREWORK STANDS:
A. Fireworks stands
shall
be permitted on
any non -residentially zoned
site or
any public -school
site with frontage
on a
primary street as
designated on the adopted
general
plan.
B. Fireworks stand staging areas/distribution points shall be prohibited in any zone.
9-1T-9: LARGE FAMILY DAYCARE HOMES:
A. A large family daycare home shall mean a home which provides family daycare to seven to 12
children, inclusive, including children under the age of 10 years who reside at the home, as
defined in regulations issued by the State of California.
lune 25, 2019
Page 12 of 57
ARTICLE T. Special Uses
9-1T-9: Large Family Daycare Homes:
B. At least 10 days prior to the date on which the Community Development Director will make a
decision on an application to operate a large family daycare home, a notice of the proposed
use shall be mailed to all owners shown on the last equalized assessment roll as owning real
property within a 100 foot radius of the exterior boundaries of the proposed large family
daycare home.
hearing shall
be held before a
decision
is made on
the application
unless a hearing is
requested by the
applicant or other
affected
person.
submitting a
letter of
D. The Community Development Director shall grant a permit for a large family daycare home as
an accessory residential use if the provider of the family daycare home complies with the
following standards:
1. The facility shall be the principal residence of the provider and the use is clearly
incidental and secondary to the use of the property for single-family residential purposes.
2. No structural changes or alterations are proposed which will alter the character or
appearance of the single-family residence.
3. No more than one large family daycare home shall be permitted within 300 feet of an
existing large family daycare home.
4. One off street parking space for each employee shall be provided, excluding the Code
required parking for the dwelling. The residential driveway is acceptable, if the parking
space will not conflict with any required child drop off/pick up area and does not block
the public sidewalk or right-of-way.
5. Large family daycare homes
located
on a major arterial
street shall provide drop off/pick
up area designed to prevent
vehicles
from backing onto
the major arterial roadway.
6. The use shall comply with the noise ordinance requirements as contained in this chapter.
n order to gate noise impacts on adjoining residential properties, no play area shall
be permitted in the front yard area or within 15 feet of an adjoining or adjacent
residence.
7. A license shall be obtained for such use from the State of California.
8. The use shall comply with all State Fire Marshal requirements for building and safety
which apply to large family daycare homes and with all local Building and Fire Codes
which apply to single-family residences.
E. The applicant
or other
affected
person may appeal the decision rendered by
the Community
Development
Director
on the
proposed use to the Planning Commission
by applying or
submitting a
letter of
appeal within 10 days of the decision. The decision
of the Planning
June 25, 2019
Page 13 of 57
ARTICLE T. Special Uses
9-1T-10: Marijuana Facilities and Activities:
Commission shall be final and conclusive if not appealed to the City Council within 10 days of
the commission's decision. The appellant shall pay all applicable costs of an appeal.
F. Upon appeal the Planning Commission or the City Council may approve, approve with
conditions, or deny a permit for a large family daycare home based upon reasonable
considerations and findings relative to spacing and concentration, traffic control, parking,
noise or failure to comply with applicable State Fire Marshal standards as referenced in the
State of California Health and Safety Code. (Ord. 94-762)
9-1T-10: MARIJUANA FACILITIES AND ACTIVITIES:
A. Definitions: The words, phrases, and terms used in this section shall have the following
meanings for the purposes of this section only:
ACCESSORY STRUCTURE: A detached non -habitable structure that is fully enclosed with walls
for all perimeters of the building, including, without limitation, a storage shed located on the
same legal parcel as a private residence.
COMMERCIAL MARIJUANA ACTIVITY: The cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation, or sale of marijuana and
marijuana products for commercial purposes, whether or not conducted with a license issued
n accordance with division 10 of the Business and Professions Code.
CULTIVATE OR CULTIVATION: Any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
ESTABLISH OR OPERATE: Means and includes any of the following involving marijuana: the
opening, commencement, conversion of an existing business, facility, use, establishment, or
ocation, or the addition to any other existing business, facility, use, establishment or location,
for marijuana purposes as set forth in this section.
LEGAL PARCEL: Any parcel of real property that may be separately sold in compliance with
the Subdivision Map Act.
MANUFACTURE: The commercial production, preparation, propagation, or compounding of
marijuana or marijuana products either directly or indirectly or by extractions and chemical
synthesis at a fixed location that packages or repackages marijuana or marijuana products or
labels or re -labels its container.
MARIJUANA: All parts of the plant cannabis, whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in
foodstuff. it does not include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
June 25, 2019
Page 14 of 57
ARTICLE T. Special Uses
9 -IT -10: Marijuana Facilities and Activities:
derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom),
her, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.
Marijuana does not include:
1. Industrial hemp, as defined in Health and Safety Code section 11018.5; or
2. The weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other product.
The terms marijuana and cannabis shall be synonymous and have the same meaning.
MARIJUANA CULTIVATION FACILITY: Any business, facility, use, establishment, or location
where the cultivation of marijuana occurs.
MARIJUANA PRODUCTS: Marijuana that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing marijuana or concentrated cannabis and
otheringredients,
MEDICAL MARIJUANA: Marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined that
the person's health would benefit from the use of marijuana in the treatment of acquired
mmune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma,
mIgraine, spasticity, or any other serious medical condition for which marijuana is deemed to
provide relief as defined in subsection (h) of Health and Safety Code section 11362.7.
MEDICAL MARIJUANA DISPENSARY: Any business, facility, use, establishment or location,
whether fixed or mobile, where medical marijuana is made available to, delivered to and/or
distributed by or to three or more of the following: a "primary caregiver", "a qualified
patient", or a person with an "identification card", as these terms are defined in California
Health and Safety Code section 11362.5 and following. A "medical marijuana dispensary"
does not include the following uses, as long as the location of such uses are otherwise
egulated by this code or applicable law: a clinic licensed pursuant to chapter 1 of division 2
of the Health and Safety Code, a healthcare facility licensed pursuant to chapter 2 of division
2 of the Health and Safety Code, a residential care facility for persons with chronic life
threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety
Code, a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of
the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant
to chapter 8 of division 2 of the Health and Safety Code, as long as any such use complies
strictly with applicable law including, but not limited to, Health and Safety Code section
11362.5 and following.
NON-MEDICAL MARIJUANA FACILITY: Any building, facility, use, establishment, property, or
ocation where any person or entity establishes, commences, engages in, conducts, or carries
lune ts, tiny
Page 15 of 57
ARTICLE T. Special Uses
9-1T-10: Marijuana Facilities and Activities:
on, or permits another person or entity to establish, commence, engage in, conduct, or carry
on, any activity that requires a State license or nonprofit license under Business and
Professions Code sections 26000 and following, including, but not limited to, marijuana
cultivation, marijuana distribution, marijuana transportation, marijuana storage,
manufacturing of marijuana products, marijuana processing, the sale of any marijuana or
marijuana products, and the operation of a marijuana microbusiness.
OUTDOOR: Any location within the City of Temple City that is not within a fully enclosed
structure. Open patio covers or partially enclosed patio covers shall be considered 'outdoor"
for the purposes of this section.
PREMISES: A single, legal parcel of property. Where contiguous legal parcels are under
common ownership or control, such contiguous legal parcels shall constitute a single
"premise" for purposes of this section.
PRIVATE RESIDENCE: A legally existing house, apartment unit, mobile home, or other similar
dwelling. A legally existing accessory structure located on the same legal parcel as a private
residence shall be considered a part of that private residence.
RESIDENTIAL STRUCTURE: Any building or portion thereof legally existing which contains
living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises
or legal parcel located within a zoning district authorizing such use and which may be legally
occupied by persons.
B. Prohibited Activities:
1. Medical marijuana dispensaries and non-medical marijuana facilities are prohibited in all
zones in the City and shall not be established or operated anywhere in the City.
2. Except for personal marijuana cultivation in
a private
residence per subsections
E through
G of this section, marijuana cultivation and
marijuana
cultivation facilities are
prohibited
in all zones in the City and shall not be established or
operated anywhere in the
City.
3. Commercial
marijuana
activities are
prohibited
in all zones in the City and shall not be
established
or operated
anywhere in
the City.
4. No person may own, establish, open, operate, conduct, or manage any marijuana
dispensary, non-medical marijuana facility, or marijuana cultivation facility in the City, or
be the lessor of property where a marijuana dispensary, non-medical marijuana facility,
or marijuana cultivation facility is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any marijuana dispensary,
non-medical marijuana facility, or marijuana cultivation facility in the City.
June 2s, 2019
Page 16 of 57
ARTICLE T. Special Uses
9-1T-10: Mariivana Facilities and Activities:
5. No use permit, site development permit, tentative map, parcel map, variance, grading
permit, building permit, building plans, zone change, business license, certificate of
occupancy or other applicable approval will be accepted, approved or issued for the
establishment or operation of a marijuana dispensary, non-medical marijuana facility, or
marijuana cultivation facility.
6. No person or entity may deliver or transport marijuana from any fixed or mobile location,
either inside or outside the City, to any person or location in the City, except that a
person may deliver or transport medical marijuana to a qualified patient or person with
an identification card, as those terms are defined in Health and Safety Code section
11362.7, for whom he or she is the primary caregiver within the meaning of Health and
Safety Code sections 11362.5 and 11362.7(d).
7. Nothing contained in this
section shall
be
deemed
to permit or authorize any use or
activity which is otherwise
prohibited by
any
State or
Federal law.
C. Enforcement: The City may enforce this section in any manner permitted by law. The
violation of this section shall be and is hereby declared to be a public nuisance and contrary
to the public interest and shall, at the discretion of the City, create a cause of action for
injunctive relief.
D. Personal Marijuana Cultivation: Personal marijuana cultivation may only be conducted within
private residences, and in compliance with subsections e through g of this section, and state
law.
1. It shall be unlawful and a public nuisance for any person 21 years of age or older who
owns, leases, occupies, or has charge or possession of any private residence within any
zoning district in the City of Temple City to cultivate marijuana for personal use except as
provided for in subsections E through G of this section.
2. It shall be unlawful and a public nuisance for any person under 21 years of age to
cultivate marijuana.
E. Indoor Marijuana
Cultivation in a
Private
Residence:
the following is required before
marijuana may be
cultivated within a
private
residence.
1. Plant Limitation: Not more than a total of six living marijuana plants may be planted,
cultivated, harvested, dried, or processed inside a single private residence or inside an
accessory structure located on the grounds where the private residence is located, at any
one time.
2. Residency Requirement: Any person who cultivates marijuana for personal use shall
reside full-time on the premises where the marijuana cultivation occurs.
lune 25, 2019
Page 17 of 57
ARTICLE T. Special Uses
9-1T-10: Marijuana Facilities and Activities:
3. Location and Use:
a. Primary residential structures used for marijuana cultivation shall always remain a
residence, with legal and functioning cooking, sleeping, and sanitation facilities, with
proper ingress and egress.
b. Cultivation shall not be permitted in roams when it impedes the room's primary use,
such as cooking of meals, sleeping, and bathing.
c. Any room or area being converted for the purposes of cultivating marijuana shall
receive planning and building approval, and shall comply with all applicable Building,
Mechanical, Electrical, Plumbing, and Fire Codes.
d. Cultivation shall not occur in carpeted areas or other areas deemed hazardous by the
City's building official.
e. Cultivation shall be limited to a cumulative area totaling up to 50 square feet.
f. Marijuana cultivation shall not occur in a garage that is required by this title. All
required garage parking spaces must remain free and clear of marijuana cultivation
equipment or living marijuana plants.
g. Any person who cultivates marijuana for personal use shall reside full-time on the
premises where the marijuana cultivation occurs.
h. The private residence shall not be used primarily for marijuana cultivation.
A renter seeking to cultivate marijuana shall have written consent from the property
owner.
j. Personal marijuana cultivation shall not be allowed in a residence if any of the
following activities also occur on the premises - childcare center, community care
facility, daycare center, youth center, group home, or any other facility caring for
children that do not allow the cultivation of marijuana by law or policy.
k. Marijuana cultivation lighting shall not exceed a total of 1,200 watts for the
cultivation area within the private residence.
I. The indoor use of generators and/or the indoor use of gas products, including,
without limitation, carbon dioxide, butane, propane, and natural gas shall be
prohibited for the cultivation of marijuana.
m. Marijuana cultivation shall not be conducted in such a manner as to emit detrimental
odor outside of the private residence.
June 25, 2019
Page 1S of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
n. Marijuana cultivation shall require proper ventilation to prevent mold damage and to
prevent marijuana odors or particles from being a public nuisance.
o. Marijuana cultivation shall not be hazardous due to use or storage of materials,
processes, and products or wastes.
p. Marijuana cultivation shall not create dust, glare, heat, noise, smoke, traffic, vibration,
or other impacts deemed a public nuisance.
q. Not more than a total of six living marijuana plants may be planted, cultivated,
harvested, dried, or processed inside a single private residence and/or inside an
accessory structure located on the grounds where the private residence is located, at
any one time.
r. Marijuana cultivation activities, including marijuana plants and equipment, shall not
be allowed on balconies, patios, porches, and the like.
s. Marijuana cultivation activities, including marijuana plants and equipment, shall not
be visible from the public right-of-way, private driveway, or fire lane.
4. Access and Security:
a. Marijuana cultivation areas shall have an adequate mechanical locking or electronic
security system installed prior to marijuana cultivation.
b. Marijuana cultivation areas shall always remain secure and shall not be accessible to
persons under 21 years of age.
c. The living marijuana plants and any marijuana produced by the plants in excess of
28.5 grams shall be kept within the private residence or accessory structure located
upon the premises, in a locked space, and not visible by normal unaided vision from a
public view.
F. Outdoor Marijuana Cultivation: It shall be unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any legal parcel or premises
within any zoning district in the City of Temple City to cause, or allow such parcel or premises
to be used for, the outdoor cultivation of marijuana or marijuana products.
9-1T-11: WIRELESS COMMUNICATION FACILITIES:
A. Applicability: The design and installation provision set forth herein are applicable to all new
wireless communication facilities (WCF) within the City of Temple City, not located within or
over a public right-of-way.
June ��, tiny
Page 19 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
B. Definitions:
ANTENNA: One or more rods, poles, panels, disks, or similar devices used for the transmission
or reception of radio frequency signals. This definition includes omnidirectional antennas
(whips), directional antennas (panels), and parabolic antennas (disks).
ANTENNA, BUILDING FACADE MOUNTED: A flat panel installed by flush mounting the
antenna to the building's facade and painting it to match the wall's color and texture. In some
cases, the antenna is incorporated into or hidden by one of the structure's design elements.
ANTENNA, FLAGPOLE: A slim line monopole with a flag attached. It has a thicker diameter
than a typical flagpole.
ANTENNA, LATTICE POWER LINE TOWER: This design takes advantage of the existing lattice
power transmission towers used by utility companies.
ANTENNA, LIGHT STANDARD FLUSH MOUNTED: Usually found at sports fields with ballpark
lighting. The antenna panels are mounted near the pole and under the lights. However,
antennas can also be placed within a stealth cylinder on top of a light standard.
ANTENNA, LOLLYPOP: Consists of a thin pole that holds a panel antenna. Employed in open
space or below the ridgeline in canyons or areas of hilly terrain. Sometimes the antenna is
blended with faux or natural vegetation.
ANTENNA, MONOBROADLEAF: Mimics a broadleaf tree to hide antennas, using the same
monopole structure.
ANTENNA, MONOPALM: Covers a monopole design with palm fronds and a growth pod to
hide the cell site's antennas.
ANTENNA, MONOPINE: Similar to a monopole design pole with simulated bark covering, in
addition to simulated branches and pine needles.
ANTENNA, MONOPOLE: A tall pole topped with a triangular structure to mount the antenna
array. This is one of the earlier design types used for wireless communications facilities.
ANTENNA, SATELLITE EARTH STATION: A parabolic or dish shaped antenna or other apparatus
or device that is designed for the purpose of receiving or transmitting signals for voice, video,
or data.
ANTENNA, SLIM LINE MONOPOLE: A slender pole mounted with a four to six -foot -high
radome that has an 18 to 24 inches diameter to conceal the antennas.
June 25, 2019
Page 20 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
ANTENNA, STEALTH INSTALLATION: In addition to monopine, monopalm, and monobroadleaf,
can include faux chimneys, rooftop screen walls, steeples, clock towers, and faux water tanks.
ANTENNA, WATER TANK: Uses a preexisting, aboveground structure to attach facade
mounted antennas.
ANTENNA, WHIP: A thin metal/fiberglass pole that serves as a receiving and transmitting
device. Typically measures 18 inches to 10 feet in length and 0.5 inch to four inches in
diameter. Typically installed on fire department buildings, police department buildings, and
city maintenance facilities.
COLLOCATION:
The sharing of a
wireless communication facility
by two or more wireless
communication
service providers.
INSTITUTIONAL: Includes churches, temples and other places of religious worship;
educational institutions; government facilities; lodges, meeting halls and social clubs; and
parks and playgrounds. This does not include residential uses, community care facilities (large
and small), modular homes, supportive housing, transitional housing, commercial off-street
parking spaces, homes for the aged, hospitals, nursery schools, daycare centers, and
psychiatric hospitals.
RADOME: An enclosure made of
radio frequency
-transparent materials
used to screen and/or
protect wireless communication
antennas.
WIRELESS COMMUNICATION FACILITY: For purposes of this article, a wireless
communications facility is any unstaffed facility for the transmission and/or reception of
wireless telecommunication services, usually consisting of an antenna array, connection
cables, an equipment enclosure or facility, and a tower structure or other building or
structure used to achieve the necessary elevation.
C. Types Of Wireless Communication Facilities Permitted In Designated Zone Districts: No
person may place, affix, attach, mount, construct, erect, install, develop, use, operate and
maintain, or modify a wireless facility, wireless transmission device, support structure and/or
accessory equipment within the city without meeting the permitting requirements in the
table below. Notwithstanding the foregoing, administrative collocation may be allowed as
approved in subsection 1 of this section.
June 25, 2019
Page 21 of 57
ARTICLE T. Special Uses
n 1T 1 r. W ll. Ie« r..mmllnir�tinn farilitipc
June 25, 2019
Page 22 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
Stealth
installation
C1
S
C 5 S S S S S
antenna
Water tank
Whip (s18
in. in
P
P
P
P
P
P
P
P
P
length)
Whip
(>18 in.
C
P
C
P
P
P
P
P
P
and <60 in.
in length)
Whip
(>60 in. in
C
length)
Legend: C =Conditional Use Permit; P =Permitted, no review; S =Site plan review, minor; ZC =Zoning
Clearance; Blank= Prohibited
Note:
1. Ihe applicable type of wireless communication facility is allowed, with the appropriate entitlement,
only on sites where the primary use is institutional.
D. Design Standards: The city shall apply the following design standards to all
proposed wireless
communications facilities:
1. Building Facade Mounted Antenna:
a. An antenna less than 1.5 square feet in surface area that is mounted to a building
facade shall be treated to match or complement the existing facade's color and
texture. Such antenna shall be mounted flush to the building or with low profile
brackets, as well as skirted. The antenna's profile shall not extend more than 12
inches outward from the building facade, and shall not extend above the height of
the facade.
b. An antenna with a surface area greater than 1.5 square feet that is mounted on any
commercial building's facade shall be fully screened using materials that match the
existing facade's color and texture.
lune 25, 2019
Page 23 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
c. Antenna screening systems shall be architecturally integrated with the building to the
greatest possible extent.
d. Antenna screens shall be fully enclosed to prevent birds from nesting in the screen
structuresP
e. The facade mounted antennas and screening shall not extend above the parapet and
must be designed to the minimum feasible depth.
f. The structure's walls, conduits, chases, or concealment type devices that are
integrated into the building's architecture shall hide all coaxial cables to the greatest
possible extent. All exposed cable shall be painted to match the underlying surface.
g. Antennas shall not extend above the height of the parapet. Installations proposing
antennas greater than the height of the parapet shall be designed as a stealth
installation.
2. Flagpole Antenna:
a. Flagpoles, not exceeding 55 feet in height with the antenna concealed inside the pole,
are allowable in conjunction with commercial or industrial uses.
b. The radome must not exceed an 18 -inch diameter.
c. The poles must be able to fly flags. U.S. flags that are not removed every day at
sunset must be appropriately lit.
d. The pole diameters shall be the minimum necessary to meet engineering
requirements to accompany and conceal the inner coaxial cabling.
e. Different carriers' antennas should be distributed on multiple flagpoles to minimize
the poles' overall diameter.
3. Lattice Power Line Tower Antenna:
a. No new lattice towers shall be allowed.
b. Collocation on existing power line towers may be allowed subject to city approval.
c. Antennas should be mounted to the vertical portion of the structure, using low
profile mounting brackets.
d. All pipe mounts must be concealed behind the antenna. The accompanying coaxial
cables shall be run inside the tower structure.
June 25, 2019
Page 24 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
e. Accompanying
communications
equipment shall
be
located under or close
to the
tower structure.
The equipment
shall be enclosed
by
an appropriate screening
wall.
4. Light Standard Flush Mounted Antenna:
a. An allowable light standard antenna shall be a low profile/flush mounted antenna
with a maximum height of 35 feet measured from the existing grade to the top of the
antenna.
b, The antenna shall be painted to match the light standard, and all cables shall be
concealed within the light standard.
c. The radome shall not exceed 18 inches in diameter and 6.5 feet in height above the
light pole.
5. Lollypop Antenna:
a. A lollypop antenna shall be approved only when other stealth installation types are
more intrusive, such as on steep slopes or hillsides. Lollypop antennas are not
permitted on buildings.
b. Such antennas shall be installed below ridgelines wherever possible to avoid the
antennas' profile appearing above a slope top.
c. Cross braces between individual antenna poles add additional bulk to the installation
and shall be discouraged.
d. Antennas and their support poles must be painted the appropriate colors that blend
with the surrounding environment.
e. In cases where irrigation is available, natural shrubs shall be planted behind lollypop
antennas.
f. In cases where irrigation is unavailable or impractical, faux shrubs (subject to
planning department review] may be installed to conceal antenna arrays.
g. All coaxial cables that connect the antennas to their accompanying communications
equipment cabinet shall be underground.
h. The height from the base of the antenna shall not exceed 15 feet.
6. Monotree Antenna:
a, Monobroadleaf Antenna:
June 25, 2019
Page 25 of 57
ARTICLE T. Special Uses
o_1T_1I WirPiP« rnmmunication Facilities:
A monobroadleaf antenna shall be designed for a minimum of two carriers if
feasible.
The monobroadleaf structure shall exhibit enough branches to conceal all
antennas.
Branch dispersal shall be random, with intermingled long and short branches, to
appear natural.
vP The height of branches shall exceed all antennas by at least 12 inches.
vL Branches shall begin a minimum of 15 feet above the ground.
vi. The top of the faux tree shall be a minimum of five feet above the highest
antenna.
vii. Branch foliage shall reflect varying colored "leaves" to mimic a real broadleaf tree.
The foliage shall be extruded in these colors instead of painted. A sample branch
with foliage must be submitted for city approval prior to fabrication.
viii. A custom colored sample of bark cladding must be submitted for city approval
prior to fabrication.
x. Leafed antenna socks that match the approved foliage color must cover all
antennas.
x. Antennas shall be mounted using standoff mounts (frame type mounts are
unacceptable). Antenna support pipe mounts must be painted a darker shade of
green or black with a flat paint finish that reduces reflection and mounting
visibility.
xi. The tower (trunk) shall conceal all coaxial cables, with access to the antenna
through the structure base.
xii. The maximum monobroadleaf structure height is 40 feet.
b. Monopalm Antenna:
i. The structure shall be designed for a minimum of two carriers if feasible.
ii. The monopalm structure shall exhibit enough palm fronds to simulate a natural
palm tree.
June 26,2019
Page 26 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
The antenna shall be concealed within the growth pod and/or the monopalm
trunk. The top of the faux tree's palm fronds shall extend a minimum of five feet
above the top of the antenna.
v. Frond foliage color shall vary in olive green shades to simulate palm tree colors. A
sample palm frond shall be submitted for city approval prior to fabrication.
v. A custom colored sample of bark cladding shall be submitted for city approval
prior to fabrication.
vi. The tower (trunk) shall conceal all coaxial cables, with access to the antenna
through the base of the structure.
vii. The maximum monopalm structure height (tower portion) shall be 40 feet.
c. Monopine Antenna:
Monopine antennas shall be designed for a minimum of two carriers.
ii. Monopine antennas shall have a minimum of 3.1 branches per foot for full
density coverage, limiting spacing between the branches. Seventy percent of the
branches shall be eight feet or longer.
iii. Branch dispersal shall be random, with intermingled long and short branches, to
appear natural.
iv. Branches shall extend beyond all antennas by at least 12 inches.
v. Branches shall begin a minimum of 15 feet above the ground.
viI
The top of the faux tree shall be a minimum of five feet above the highest
antenna.
vii. Branch foliage must be multicolored with greens and browns, matching those of
a natural pine tree. The foliage must be extruded (made from plastic) in these
colors instead of painted. A sample shall be submitted for city approval prior to
fabrication.
i. A bark cladding sample with custom color shall be submitted for city approval
prior to fabrication.
ix. Pine needle antenna socks that match the approved foliage colors shall cover all
antennas,
Page 27 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
x. Antennas shall be mounted using standoff mounts (frame type mounts are
unacceptable). Antenna support pipe mounts shall be painted a darker shade of
green or black with a flat paint finish that reduces reflection and mounting
visibility.
xiI Coaxial cables shall access the structure through the base.
xii. The maximum monopine height is 40 feet.
7. Monopole Antenna:
a. Not allowed, except as slim line monopoles.
b. New antenna
collocation
on existing monopoles
requires the approval of a new
conditional use
permit.
8. Satellite Earth Station Antenna:
a. The following satellite earth station antennas of one meter or less in diameter are
permitted as an accessory use in all zone districts and may be installed without a
zone clearance or building permit.
An antenna that satisfies all the following criteria: is used to receive direct
broadcast satellite service, including direct to home satellite service, or to receive
or transmit fixed wireless signals via satellite; is 1 meter or less in diameter; and
does not exceed 12 feet in height as measured from the surface on which it is
mounted and does not exceed 12 feet above the height limit of the applicable
zone district.
ii. An antenna that satisfies all the following criteria: is used to receive video
programming services via multipoint distribution services, including multichannel
multipoint distribution services, instructional television fixed services, and local
multipoint distribution services, or to receive or transmit fixed wireless signals
other than via satellite; is 1 meter or less in diameter or diagonal measurement;
and does not exceed 12 feet in height as measured from the surface on which it
is mounted and does not exceed 12 feet above the height limit of the applicable
zone district.
iii. An antenna that satisfies all of the following criteria: is used to receive television
broadcast signals; is 1 meter or less in diameter; and
does not exceed 12 feet in height as measured from the surface on which it is
mounted and does not exceed 12 feet above the applicable height limit of the
applicable zone district.
lune 25, 2019
Page 28 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
v. For purposes of this section, the term "fixed wireless signals" means any
commercial non -broadcast communications signals transmitted via wireless
technology to and/or from a fixed customer location. This term does not include,
among other things, A.M. radio, F.M. radio, amateur (ham) radio, or citizens band
(CB) radio.
b. A satellite earth station antenna between one and two meters in diameter that
satisfies the criteria set forth below is permitted as an accessory use, subject to
approval of a conditional use permit, in any zone district where commercial or
industrial uses are generally permitted.
i. The diameter of the antenna is more than one meter one meter and less than or
equal to two meters.
ii. The antenna does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the applicable height
limit of the zone district.
c. The
following safety
standards shall apply to
all satellite earth station antennas that
are
greater than one
meter in diameter in all
zone districts.
i. No antenna shall be installed in a manner that impedes normal vehicular or
pedestrian circulation.
ii. Any mast used to elevate an antenna shall be constructed of noncombustible and
corrosive resistant materials.
iii. Antennas must be installed with adequate ground wire to protect against a direct
lightning strike.
iv. Antennas shall be separated from adjacent power lines in accordance with
electrical code requirements and other applicable laws.
vP Any mast used to elevate an antenna shall be secured by a separate safety wire
in a direction away from adjacent power lines and other potential hazards.
vi. To the extent feasible, all cables, wires, and similar electrical transmission devices
associated with the antenna shall be placed underground.
vii. No antenna or any supporting parts shall encroach into the public right of way.
viii. Antennas shall be maintained in good repair and condition and in compliance
with the building code, electrical code, fire code, and other applicable laws.
lune t5, tiny
Page 29 of 57
ARTICLE
T. Special
Uses
building facade's color and
9-1T-11:
Wireless
Communication
Facilities:
9. Slim Line Monopole Antenna:
a. Antennas and cables shall be mounted inside the structures. Radomes exceeding 18
inches in diameter shall not be allowed. Overall monopole height shall not exceed 55
feet.
b. The structure's coloring shall be light gray, olive green, light blue, or another
appropriate color to blend with the antenna's predominant background, as
determined through the conditional use permit process.
10. Stealth Installation Antenna:
a. Faux Chimney Antenna:
i. Faux chimney antennas may be allowed, depending on the extent of the site
application's integration with the existing building's architecture.
ii. The number, height, width, and depth of the antennas must balance with the
existing structure's bulk and scale.
iii. The antenna must not exceed 10 feet above the maximum roof height for all
level roofed buildings and must not exceed the maximum roof height of a peak
roofed building.
b. Rooftop Screen Wall Antenna:
i. Antennas must not exceed 10 feet above the maximum roof height for level
roofed buildings.
ii. Walls must be set back at least three feet from the roof's edge.
iii. Walls are
required
to match or complement the
building facade's color and
texture.
overall structural
design.
c. Steeple Antenna:
L
Antennas mounted inside existing steeples can utilize the full space.
ii. Antennas must match the existing structure's color and texture and be fully
screened.
Any
modification to
the steeple's outward
appearance must be integrated with
the
overall structural
design.
lune 25, 2019
Page 30 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
v. New steeple construction on an existing structure must be consistent with the
current architectural design and be no more than 45 feet in height as measured
from the existing grade to the top of the steeple.
d. Clock Tower:
A clack tower installation must be appropriate for the location and must be
designed for a minimum of two carriers.
The installation is allowed, up to 45 feet in height, depending on the surrounding
environment.
iii. The design must be consistent with the environmental and built setting in which
it is located.
iv. In most cases, use of a clock tower stealth antenna shall be limited to
institutional sites and commercial projects greater than two acres in size where
the clock tower is architecturally consistent with the design of the development
and the location on site appears to have been considered with the original
development's site plan.
11. Water Tank Antenna:
a. Facade mounted antennas on a water tank structure shall not extend above the top
of the tank.
b. Antennas and coaxial cables shall be painted to match the color of the structure.
12. Whip Antenna:
a. Whip antennas 18 inches or less in length are allowable on any structure in any zone.
b. Antennas greater than 18 inches but less than 60 inches in length are allowable on
any commercial or industrial building provided that the antenna does not exceed the
roofline by more than 10 feet.
c. A whip antenna's base must be set back from the roof's edge by a distance equal to
its height.
E. Equipment Location and Screening Systems: All equipment installation types require all
coaxial, telephone, and electric cables/wires to be concealed.
1. Equipment Vault: Belowground equipment vaults are encouraged for all wireless
installations at park facilities, parking lots, and wireless facilities in the public right of way.
lune ts, zuly
Page 31 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
2. Tenant Improvement: Tenant improvement is encouraged for all wireless installations on
existing buildings, where enough space is available within the building's interior. If
enough space is not available within the existing building structure, equipment room
additions are allowed subject to standard building/zoning codes. Equipment room
addition design is required to be consistent with the existing building's architecture and
must be effectively mitigated with the required landscape setbacks.
3. Prefabricated Equipment Shelter:
a. These shelters are discouraged for most wireless installation applications.
b. Prefabricated equipment shelters can be utilized in commercial areas where the
shelter is not visible to any public view.
4. Site Constructed Equipment Shelter: These shelters are encouraged, provided they are
architecturally integrated into the surrounding environment. The height of the
equipment shelter must not exceed that which is consistent with the adjacent building.
Air conditioning condensing units (A/C units) must be located on the ground adjacent to
the structure or mounted on the roof. A/C units must be fully screened and must not
exceed any applicable noise ordinances. Landscape standards also apply.
5. Outdoor Communications Equipment Cabinet: These cabinets must be located within
equipment enclosures (except communications equipment in the public right of way),
with sufficiently high walls that completely conceal the equipment cabinets from public
view. Equipment enclosures must have lattice type covering to prevent unauthorized
access. All city screening and mitigation requirements also apply.
6. Rooftop Equipment Platform:
a. These platforms must be fully screened and, if possible, integrated with a rooftop
antenna installation. Equipment screening height must not exceed 10 feet above the
maximum roof height of level roofed buildings; others are subject to staff review.
b. In evaluating the appropriate design for a particular property, existing uses of the
property, landscaping and optimal location of the facility must be considered.
F. Regulation of Facilities:
1. Wireless communication facilities allowable without
review and
approval
of the planning
division or issuance of a zoning clearance include the
following:
a. In residential zones, a whip antenna of 18 inches or less in height.
bI
In nonresidential zones, a whip antenna of 60 inches or less in height.
June 25, 2019
Page 32 of 57
ARTICLE T. Special Uses
9-1T-11: Wireless Communication Facilities:
c. In all zones, a satellite earth station antenna of one meter or less in diameter.
2. Wireless communication facilities requiring planning division approval of a minor site plan
review include the following:
a. Building facade antennas in the I, CSP, INC, LTC, DC, MU -L, and MU -M zones.
b. Slim line monopoles in the I, NC, LTC, and MU -M zones.
c. Stealth installations in the I, CSP, NC, LTC, DC, MU -L, and MU -M zones.
3. Except where prohibited, all other wireless communication antennas require city
planning commission approval of a conditional use permit prior to installation.
4. All permitted antennas must comply with the city building code, electrical code, fire code,
and other applicable laws.
G. City Use of Consultants: The director may require the applicant to provide an authorization to
permit the city to hire an independent, qualified consultant to evaluate any technical aspect
of the proposed use, including issues involving radio frequency emissions, alternative designs,
and alternative sites. Any authorization for this purpose must include an agreement by the
applicant to reimburse the city for all reasonable costs associated with the consultation. Any
proprietary information disclosed to the city or the consultant is deemed not to be a public
record and must remain confidential and not to be disclosed to any third party without the
express consent of the applicant, unless otherwise required by law.
H. Enforcement: The city may withhold the issuance of business licenses, building permits,
grading permits, certificates of occupancy, and other land use entitlements and may issue
stop work orders for a WCF project failing to comply with the provisions of this article. If any
improvements authorized by this article are either rendered unusable or discontinued, the
property owner and tenant may be subject to enforcement procedures in compliance
with Title 4, "Law Enforcement", of this code.
Radio Frequency Emissions Compliance: Upon installation of the facility, the applicant must
demonstrate that the project will not result in levels of radio frequency emissions that exceed
federal communications commission standards, including FCC office of engineering
technology (OET) bulletin 65, "Evaluating Compliance With FCC Guidelines For Human
Exposure To Radiofrequency Electromagnetic Fields", as amended. Additionally, if the
director determines the wireless telecommunications facility, as constructed, may emit radio
frequency emissions that are likely to exceed federal communications commission
uncontrolled/general population standards in the FCC office of engineering technology (OET)
bulletin 65, "Evaluating Compliance With FCC Guidelines For Human Exposure To
Radiofrequency Electromagnetic Fields", as amended, in areas accessible by the general
population, the director may require post -installation testing to determine whether to
June Z5, 2019
Page 33 of 57
ARTICLE
T. Special
Uses
9-1T-11:
Wireless
Communication
Facilities:
equire further mitigation of radio frequency emissions. The cost of any such testing and
mitigation must be borne by the applicant. Applications for amateur radio antennas or
antennas installed for home entertainment purposes are exempt from this requirement.
J. Collocation: The collocation of antennas on a single support structure is encouraged. This
includes collocation with other wireless telecommunications antenna facilities including
those of public and quasi -public agencies using similar technology unless specific technical
constraints preclude collocation.
1. Wireless Facilities And Wireless Transmission Devices: No person may place, affix, attach,
mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless
facility, wireless transmission device, support structure and/or accessory equipment
within the city without a conditional use permit approved by the planning commission, or
the city council in the course of an appeal, following a noticed public hearing on the
matter. Notwithstanding the foregoing, administrative collocation may be allowed as
approved in subsection J.3 of this section.
2. Collocation -General: No person may collocate a wireless facility or wireless transmission
device, including related accessory equipment, without meeting the requirements of
subsection C of this section. Notwithstanding the foregoing, administrative collocation is
allowed as approved in the following manner.
3. Administrative Collocation: If, following the submission of a completed application form
and all required materials, the community development director determines that a
proposed collocation qualifies as an "administrative collocation" as defined herein, such
proposal does not require a conditional use permit but must be approved by the
community development director through the issuance of a zoning clearance permit. The
foregoing notwithstanding, an administrative collocation approval must be subordinate
and subject to the conditions of approval associated with the wireless
telecommunications collocation facility to which it relates and administrative collocation
must not defeat the existing concealment elements of the facility to which it relates or
otherwise violate or be inconsistent with the conditions associated with the prior
approval of the facility to which it relates (unless the inconsistency does not exceed the
"substantial change" thresholds identified in federal communications commission
regulations or orders). Also, the life of a zoning clearance approval may not exceed the
life of the underlying conditional use permit or other underlying discretionary
authorization corresponding to the wireless telecommunications collocation facility upon
which the proposed wireless transmission device and corresponding accessory
equipment will be placed or installed.
K. Justification Study: The applicant must submit a justification study indicating the rationale for
June 25, 2019
Page 34 of 57
selecting the proposed
use, a detailed
explanation of the coverage
gap that the proposed
use
June 25, 2019
Page 34 of 57
ARTICLE T. Special Uses
9-1T-12: Massage Establishments:
on serve, and now the proposed use is the least intrusive means for the applicant to
provide wireless service.
L. Public Rights of Way and Publicly Owned Property: See Title 6, Chapter 4, Article A of this
code for regulations on telecommunications facilities and wireless telecommunications
facilities in public rights of way.
M. Update of Wireless Communications Facility Regulations: As the wireless industry and its
services evolve, its equipment will change as well. The WCF regulations will need periodic
updates to incorporate the wireless industry's changing environment and the progress made
toward "stealthing" antennas and equipment.
9-1T-12: MASSAGE ESTABLISHMENTS:
A. Applicability: This section applies to massage establishments as defined in Title 5, Chapter 2,
Article F of this code. This section does not apply to massage therapy provided as an
incidental use.
B. Location: Massage establishments are permitted in the following zones, subject to approval
of a conditional use permit: LTC, NC, MU -L, MU -M zones. The Land Use table in the
Crossroads Specific Plan provides for the regulation and location of massage uses in that area.
Massage uses are prohibited in the residential, DC, OS, and M zones.
C. Separation: No massage establishment may be located within 500 feet of another massage
establishment, as measured from the property lines of the properties on which the massage
establishments are located.
D. Buffering From R-1 Zane: No massage establishment may be located within 100 feet of a
property that is zoned R-1, as measured from the property line of the property on which the
massage business is located to the property line of the nearest R-1 property. This
requirement does not apply to massage establishments located on lots with street frontage
on Last Tunas Drive between Kauffman Avenue and Baldwin Avenue,
E. Incidental
Use: Massage therapy as
defined
in Title 5, Chapter 2, Article E of this code is
permitted
as an incidental use in the
CSP, DC,
LTC, and NC zones subject to either item 1 or 2
below:
1. The massage therapy is incidental to a medical office, state licensed hospital, nursing
home, or state licensed physical or mental health facility where the massage therapy is
provided exclusively by physicians, surgeons, chiropractors, osteopaths, naturopaths,
podiatrists, acupuncturists, physical therapists, registered nurses or vocational nurses
duly licensed to practice their respective profession in the state.
.lune 1S, 2a19
Page 35 of 57
ARTICLE T. Special Uses
9-1T-13: Accessory Dwelling Units:
2. The massage therapy is incidental to a barbershop, beauty parlor, beauty salon, hair
salon, day spa, or nail salon where the massage therapy is provided exclusively by barbers,
cosmetologists, estheticians, or manicurists licensed to practice their respective
profession under the laws of the state while performing activities within the scope of
their license, provided that such massage is limited solely to the neck, face, scalp, feet,
hands, arms, and lower limbs up to the knees of their patrons.
9-1T-13: ACCESSORY DWELLING UNITS:
A. Applicability: Accessory dwelling units will be permitted in all residential zones subject to the
requirements of this section.
B. Development Standards:
1. Any accessory dwelling unit, whether attached, detached, or located within an existing
dwelling is calculated toward the maximum permitted floor area ratio and lot coverage.
Construction must be in full compliance with all applicable zoning criteria found in Article
G of this chapter, except as modified by this section.
2. The lot on which the accessory dwelling unit is located must be improved with one single-
family dwelling. An accessory dwelling unit is not allowed on lots with more than one
single-family dwelling, multifamily dwellings, an existing accessory dwelling unit, or any
nonconforming uses.
3. Either the single-family dwelling or the accessory dwelling unit will be owner occupied.
4. The accessory dwelling unit may not be sold separately from the single-family dwelling,
but may be rented for periods of not less than 30 days.
5. An accessory dwelling unit may be detached, attached, or located within the living area
of the main dwelling or another accessory structure.
a. If the accessory dwelling unit is detached, it must comply with the size limitations for
accessory structures in 9 -1G -12-F 0f this code and must not exceed 800 square feet
and must be single -story. The maximum height of the structure must not exceed 18
feet, measured from the natural grade to the highest roof ridge or parapet. The
height of the top plate must not exceed nine feet.
b. If the accessory dwelling unit is attached or located within the main dwelling, it must
not exceed a size equal to 50 percent of the main dwelling, with a maximum floor
area of 800 square feet.
June 25, 2019
Page 36 of 57
ARTICLE T. Special Uses
9-1T-13: Accessory Dwelling Units:
6. The maximum size of an accessory dwelling unit is 800 square feet. The maximum
number of bedrooms for an accessory dwelling unit will be determined by the gross floor
area:
a. There will be no minimum gross floor area for studios or bachelor units. Studios and
bachelor units cannot exceed 800 square feet of gross floor area. For the purposes of
this section, a studio or bachelor unit cannot contain enclosed rooms except for a
bathroom and kitchen.
b. One -bedroom units must provide a minimum of 600 square feet of gross floor area
and cannot exceed 800 square feet of gross floor area. For the purposes of this
section, a den, library, study or similar enclosed room will be considered a bedroom.
c. Two-bedroom units must provide a minimum of 700 square feet of grass floor area
and cannot exceed 800 square feet of gross floor area. For the purposes of this
section, a den, library, study or similar enclosed room will be considered a bedroom.
7. All accessory dwelling units must be located on the rear 50 percent of the lot.
8. The minimum side yard setback for a newly constructed detached accessory dwelling unit
is five feet.
9. The minimum rear yard setback for a newly constructed detached accessory dwelling
unit is 10 feet.
10. The existing side and rear yard setback may be maintained for an existing garage or other
permitted existing accessory structure built prior to January 1, 2017 that is converted to
an accessory dwelling unit. Accessory structures and additions constructed without
building permits are required to comply with the current development standards.
11. An addition to a legally non -conforming accessory structure for the purpose of creating
an accessory dwelling unit must comply with the provisions found in 9-1D of this Code.
12. The accessory dwelling unit may share utility connections and meters with the main
dwelling, or may be separately connected and metered. Utilities must be upgraded as
deemed necessary by the building official to comply with the applicable codes, including
but not limited to sewer laterals, electrical service panels, and water service.
13. Accessory dwelling units are subject to park construction fees per Title 9, Chapter 5,
Section 2 of this code.
14. The minimum lot size for a new accessory dwelling unit is 6,000 square feet.
lune 25, 2019
Page 37 of 57
ARTICLE T. Special Uses
9-1T-13: Accessory Dwelling Units:
S. Prior to approving the Zoning Clearance, the owner of the property must record a
covenant on the property demonstrating that either the main unit or the ADU must be
owner occupied and stating that the owner agrees to pay an annual inspection fee (set by
the City's fee resolution) to ensure compliance with this requirement.
Q. If a structure proposed for
conversion to an ADU
is legally existing prior to January
1,
2017, modifications to meet
the building separation
requirement is not necessary.
the adoption of this section
C. Parking Requirements:
1. Detached
accessory dwelling
units will provide one
parking space per bedroom. The
following
standards will apply:
to
the adoption of this section
a. The required parking may be located in the side and rear setback areas when afive-
foot landscaped buffer is provided between the nearest property line and the parking
area.
b. The required parking far a detached accessory dwelling unit must be independent
from required parking for the existing main dwelling and must not block access to the
required parking for the main dwelling.
2. Accessory dwelling units attached
to,
or located within the main
dwelling, or an
accessory
structure legally constructed prior
to
the adoption of this section
do not require
parking.
3. When a garage or carport, constructed prior to January 1, 2017, is converted or
demolished in conjunction with the construction of an accessory dwelling unit, the
replacement spaces may be located in any configuration on the same lot, including, but
not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts.
parking is required for a detached or attached accessory dwelling unit in any of the
following circumstances:
a. The accessory dwelling unit is located within one-half mile of a park and ride facility
or a bus stop, which operates regularly with headways of 15 minutes or less.
b. The accessory dwelling unit is located within a designated historic district.
c. When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
d. When there is a car share vehicle hub or pick-up location located within one block of
the accessory dwelling unit.
June 25, 2019
Page 38 of 57
ARTICLE T. Special Uses
9 -ST -14: Unattended Collection Boxes:
D. Design Standards: The following design standards will apply to all accessory dwelling units:
1. The doors to all accessory dwelling units must not be visible from the public right-of-way.
If the accessory dwelling unit is located on the second floor of the main dwelling, the
stairs leading to the unit must be located on the interior of the structure.
2. All attached and detached accessory dwelling units must have 15 -gallon hedges planted
five feet on center along the side and rear property lines nearest the structure. This is not
required for the conversion of an existing structure to an ADU if the setbacks are less
than five feet.
3. All attached and detached accessory dwelling units must have a view obscuring
high wall wall or fence in good repair along the side and rear property lines nearest the
accessory dwelling units.
4. There must be a minimum of 400 square feet of open space for the accessory dwelling
unit with dimensions of no less than 10 feet. The open space will be accessible to the
accessory dwelling unit. Features such as landscape and hardscape materials, swales,
mounds, and garden walls will be used to create open space that is distinct from other
areas and uses on the lot.
5. There must be a minimum building separation of 10 feet (measured eave to eave) from
any other buildings on the lot and a five-foot distance from pools, spas, or the like.
6. All accessory dwelling units must be consistent with the architectural style of the main
dwelling including but not limited to the roof pitch, articulation, window size, proportion
of window units to wall size, direction of opening, muntin pattern, exterior building
materials, lighting fixtures, garage door design, and paint colors.
7. No more than one exterior door, not including a vehicle garage door, may be provided
for the accessory dwelling unit.
8. An accessory dwelling unit must have no more than one common gathering area. A
common gathering area includes living rooms, family rooms, dens, and the like.
9-1T-14: UNATTENDED COLLECTION BOXES:
A. General Provisions:
1. Violations: Failure to comply with any of the provisions of this section is declared to be
prima facie evidence of an existing violation and a declared public nuisance, and may be
abated by the Director in accordance with the provisions of Title 4, Chapter 2, Article C of
this code (public nuisances). Any person in violation may be subject to administrative
penalties, citations, civil action, or other legal remedies.
June 25, 2019
Page 39 of 57
ARTICLE T. special Uses
9-1T-14: Unattended Collection Boxes:
2. Responsibility: The property owner and the UCB operator (operator) have joint and
several liability for public nuisance conditions and compliance with this section, including
fees, administrative citations, civil actions, and/or legal remedies relating to a UCB. The
property owner remains liable for any violation of duties imposed by this section even if
the property owner has, by agreement, imposed on the operator the duty of complying
with the provisions of this section.
3. Definitions: The following definitions apply only to this section.
AGENT: A person who is authorized by the property owner or UCB operator to act on
their behalf to be the applicant for a UCB permit. To be considered an agent, a person
must be given express written authorization on a form provided by the City to apply
specifically for a UCB permit. For this section, a person who is only given general
authorization to act for various activities and transactions regarding a property is not
considered an agent.
DIRECTOR: The Director of the Community Development Department or their designee.
NUISANCE OR PUBLIC NUISANCE: The conditions as set forth in Title 4, Chapter 2, Article
C, "Prohibited Public Nuisance Conditions", of this code.
OPERATOR: A person or entity who operates or maintains any UCB.
PROPERTY OWNER: The owner of real property on which any UCB is or is proposed to be
placed.
UCB PERMIT: Temple City's annually renewable permit required to place, operate,
maintain, or allow a UCB within the City.
UNATTENDED COLLECTION BOXES (UCBs): As defined in 9-1A-14 of this code.
UNPERMITTED UCB: A UCB established without a valid UCB permit or established prior to
the effective date of ordinance 17-1026.
B. Permit Requirement and Process:
1, Permit Required For UCBs: Except for UCBs described in subsection B.1.b., "Enclosed Or
Accessory To The Principal Activity", of this section, it is unlawful to place, operate,
maintain, or allow a UCB on any property unless the parcel owner, agent, or operator
first obtains a UCB permit from the City.
a. Second UCBs: A separate UCB permit is required for each UCB unless a second UCB is
required for overflow items per subsection C.1.k., "One UCB Per Parcel", of this
section, in which case the permit for the first UCB can include the second UCB on a
parcel.
lune 25, 2019
Page 40 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended collection Boxes:
b. Enclosed or Accessory to The Principal Activity: UCBs that are either enclosed within
a main building or are accessory to a principal activity on a property owned or leased
by the operator would not require a UCB permit. However, UCBs that are accessory
to a principal activity on a property owned or leased by the operator must meet all
other requirements of this section, except the requirements contained in subsections
C.1.a. through C.1.c. of this section (location requirements).
c. Applicant and Transferring Applications: The UCB permit applicant must include the
UCB operator and the permit may not be transferred to another person or entity.
J. Decisionmaker: Decisions regarding UCB permit applications will be made by the
Director.
2. Application Requirements: The UCB permit application must be made on a form provided
by the Community Development Department. All applications must be filed with the
Community Development Department and include:
a. A signed agreement stating that the property owner and operator must abide by all
the processes and requirements described in this section;
b. A non-refundable application fee in an amount set by City Council resolution;
C. A signed affidavit, under penalty of perjury, stating whether the UCB existed at the
proposed location prior to the effective date of ordinance number 17-1026;
J, Signed authorization from the property owner allowing placement of the UCB;
e. Signed acknowledgement of responsibility from the property owner and the operator
for joint and several liability for violations of conditions or regulations, and public
nuisances relating to the UCB;
f. Proof of general liability insurance of at least 1,000,000 dollars covering the
applicant's UCB and naming the City of Temple City as an additional insured;
g. Proof of an active business license with the City of Temple City, unless the property
owner or operator is exempt from business licensing requirements;
h. Name, address, email, website, and telephone number of the UCB operator and
property owner, including 24-hour contact information;
Vicinity map showing:
i. The proposed location;
lune LS, GUlY
Page 41 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
The distance between the site and all existing UCBs within 1,000 feet of the
proposed UCB location;
. Photographs of the location and adjacent properties;
j. Site plan containing the following:
Location and dimensions of all parcel boundaries;
ii. Location of all buildings;
iii. Proposed UCB location;
iv. Distance between the proposed UCB and parcel lines buildings; and
v. Location and dimension of all existing and proposed driveways, garages, carports,
parking spaces, maneuvering aisles, pavement, and striping/marking;
k. Description and diagram of the proposed locking mechanism;
I. Maintenance plan (including graffiti removal, pick-up schedule, and litter and trash
removal on and around the UCB) that is enough to prevent public nuisance
conditions from remaining nearby the UCB; and
m. Any other reasonable information regarding time, place, and manner of operation,
placement, or maintenance that the Director requires to evaluate the proposal
consistent with the requirements of this section.
3. UCB Permit Expiration and Renewal: Unless renewed as described below, each UCB
permit will expire annually on the anniversary of its date of issuance.
a. Renewal Permit Application Timing: A UCB operator may apply for permit renewal by
submitting to the Community Development Department at least 30 days prior to the
expiration of the active UCB permit. Late submittals may be processed as new
applications.
b. Contents of Renewal Permit Application: The UCB permit renewal application must
be made on a form provided by the Community Development Department. All
applications must be filed with the Community Development Department and
include the items listed in subsections 132a, through 3.2.m. of this section.
c. Timing of Review: The Director will either approve or deny the renewal of a UCB
permit within 30 days of receipt of the complete renewal application and payment of
the renewal fee. The failure of the Community Development Department to act
within this timeframe will constitute approval of the UCB permit renewal.
June 25, 2019
Page 42 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
d. Findings for Review: The Director will approve the renewal of a JCB permit if the
Director finds that no circumstances existed during the term of the UCB permit, or
existed at any time during the review of the application for renewal, that are
inconsistent with any criteria required for approval of a new UCB permit as specified
in subsection B.4., "Findings For Approval And Renewal", of this section or that would
justify the revocation of the UCB permit as specified in subsection D, "Revocation Of
Permit", of this section.
e. Removal If Permit Expires or Is Not Renewed: If the permit expires and is not
renewed, the collection box must be removed from the real property within 15 days
after expiration of the permit.
4. Findings for Approval and Renewal: The Director may not issue a UCB permit or renewal
unless each of the following is true:
a. The applicant has submitted a complete and accurate application accompanied by
the applicable fee;
b. There are no open citations, unpaid fines or unresolved violations or complaints
related to any JCB managed by the proposed operator;
c. All existing unpermitted UCBs that are managed by the proposed operator have been
removed or the Director at his discretion may allow an unpermitted UCB to remain
during the permit process if it otherwise complies with the requirements of this
section;
d. Any verified public nuisance on the subject property has been abated and any case of
a complaint to the City regarding nuisance conditions on the subject property has
been closed; and
e. The proposal is consistent with all the requirements of this section.
For renewals, the site does not have a history of being an attractive nuisance even if
ncidents of nuisances were abated. For this subsection, "history of attractive
nuisance" means three verified nuisance complaints in the previous 12 months.
5. Time Limit for final Decision: The Director will provide a written decision regarding the
placement of a UCB within 60 days of the submission of a complete application for a UCB
permit.
C. Standards and Requirements:
1. Location Requirements:
lune 25, 2019
Page 43 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
a. Allowed Zones:
UCBs are
only
allowed in the following zones,
subject to the
requirements of
this section:
i. LTC;
NC;
I. CSP;
v. I;
v. MU -L; and
vI, MU -M.
b. Buffering from Residences: No UCB may be located within 50 feet of a residential
dwelling unit, as measured from nearest point of the dwelling unit to the UCB.
c. Separation: No UCB may be located within 500 feet of another UCB, as measured
from the property lines of the properties on which the UCBs are located, except for
those UCBs exempted by subsection B.1.a., "Second UCBs", of this section.
d. Dwelling Units: No UCB may be allowed on a lot with a residential dwelling unit.
e. Vacant Lots: No UCB may be allowed on a lot without a main building.
f. Occupied Structure: A UCB is only permitted on a lot that also contains a main
building that contains at least one legal operating business or other ongoing activity,
not including a commercial parking lot.
g. Prohibited Locations: UCBs are prohibited:
i. In the public right-of-way and within 20 feet of the public right-of-way;
ii. Five feet from any property line; and
. In a landscaped area.
h. No Blocking: UCBs cannot block or impede access to:
L
Required parking or driveways;
ii. Pedestrian routes;
. Emergency vehicle routes;
June 25, 2019
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ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
v. Building entries or exits;
v. Required handicapped accessibility routes;
Easements;
I Trash enclosure areas or access to trash bins/trash enclosures; and
viii. Fire lanes.
mpeding Functions: UCBs cannot impede the functioning of exhaust, ventilation, or
fire extinguishing systems.
j. View Obstructions: UCBs cannot interfere with an access drive, off street parking lot
maneuvering lane, or required off-street parking space to an extent which would
cause safety hazards or unnecessary inconvenience to vehicular or pedestrian traffic.
k. One UCB Per Parcel: No more than one UCB is permitted per parcel unless
documented evidence is submitted to the Director that a second UCB is required due
to the volume of items delivered to the site. A UCB must be operating at a site for at
least 90 days to establish that a second UCB is required. Both UCBs must have the
same operator. No fee is required to apply for this second UCB.
I. Visibility: The collection area must be visible from an entrance, exit, or window of the
main building.
m. Lighting: The collection area must be no more than 10 feet from a continually
operating light source of at least one foot-candle.
2. Physical Attributes: UCBs must:
a. Be fabricated of durable waterproof and rustproof material;
b. Be locked so that the contents cannot be accessed by anyone other than those
esponsible far the retrieval of the contents;
c. Be equipped with a safety chute to limit the public's access to the box;
d. Be placed on ground that is paved with durable paving;
e. Not be more than seven feet high, six feet wide and six feet deep;
f. Not be electrically or hydraulically powered or otherwise mechanized;
g. Not be a fixture of the site or considered an improvement to real property; and
lune 25, 2019
Page 45 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
h. Have the following information
conspicuously
displayed
on at least two-inch type
visible from the front on the UCB:
owner,
operator
of the UCB, and agent;
The
name,
address,
24-hour telephone number, website, and email address of
the
owner,
operator
of the UCB, and agent;
ii. Address of the site;
iii. Instructions on the process to register a complaint regarding the UCB to the City;
iv. The type of material that may be deposited;
v. A notice stating that no material may be left outside the UCB;
vi. The pickup schedule for the UCB; and
vii. ACity-approved identification system that identifies the box as being properly
permitted by the City.
3. Maintenance:
a. Nuisances:
No public nuisance may
be within
20 feet of the UCB
including, but not
limited to
collection overflow, litter,
debris, and
dumped material.
at each
b. Maintenance Requirements: UCBs must be maintained and in good working order.
Items to be repaired, removed, and/or abated include, but are not limited to graffiti,
removed, or damaged signs and notifications, peeling paint, rust, and broken
collection operating mechanisms.
c. Servicing Schedule: UCBs must be serviced not less than weekly between 7:00 A.M.
and 7:00 P.M. on weekdays and 10:00 A.M. and 6:00 P.M. on weekends. This
servicing includes the removal of collected material and abatement of the public
nuisance described in this section. The Director may require additional servicing, if
evidence is provided that items to be collected exceed the UCBs capacity or if items
to be collected are being left outside the UCB.
d. E -Mail and Telephone Contact: The operator must maintain an active email address
and a 24-hour telephone service with recording capability for the public to register
complaints.
e. No Solid or Hazardous Waste: UCes cannot be used for the collection of solid waste
and/or any hazardous materials.
4. liability:
Applicants
and/or owner/owner's agent must
maintain a minimum
general
liability
insurance of
1,000,000 dollars for the duration of
the operation of a UCB
at each
June 25, 2019
Page 46 of 57
ARTICLE T. Special Uses
9-1T-14: Unattended Collection Boxes:
site, to
cover any claims or
losses due
to the
placement, operation, or maintenance of
the UCB
and naming the City
of Temple
City as
additional insured.
D. Revocation of Permit:
1. Revocation: The Director may revoke a UCB permit under any of the grounds specified in
failure to comply with the provisions of this section, the provisions of this code, or any
other law.
2. Notice of Revocation: The Director will provide a written notification to the permittee
and property owner stating the specific grounds for a revocation and a demand for
correction and abatement. The notice will allow the permittee up to 15 days from mailing
of the notice to correct or abate the violation. Upon failure to make the correction or
abatement, the Director will revoke the permit. Afterwards, the permittee will not be
eligible for a permit at any location for one calendar year.
3. Removal of Revoked UCB: Upon revocation, or if appealed, after any appeal as set forth
in subsection F, "Appeal to The Planning Commission", of this section, the collection box
will be removed from the real property within 15 days by the permittee. If the UCB is not
removed within 15 days, the City may remove, store or dispose of the UCB at the
expense of the permittee or property owner. The property owner will be responsible for
all costs associated with the removal of the UCB incurred by the City. Costs may be
pursued by the City pursuant to Title 4, Chapter 2, Article C of this code.
4. Violation
of Other Laws: A permit
for a UCB may be revoked
if any governmental
authority
or agency
determines that
the UCB has violated the
California Consumer
Protection
Act and/or
the Charitable
Organizations and Solicitations
Act.
E. Procedure for Removal:
1. Content of Removal Sign: Any UCB scheduled to be removed by either order of the City
or the operator must clearly display a notice on the UCB with at least four -inch type
visible from the front on the UCB that states the following text in capital letters: "THIS
BOX WILL BE REMOVED BY" followed by the date the UCB is scheduled for removal. The
operator and property owners are jointly and severally responsible for the placement of
the notice.
2. Public Right -Of -Way: Unpermitted UCBs in the public right-of-way may be removed
without prior notice to the owner. The City must notify the owner within one business
day after removing the UCB and must store the item for 14 calendar days after notice is
given. If no communication is received by the owner of the UCB within 14 calendar days
of receiving notice the City may dispose of the UCB. The owner of the UCB must be given
14 days to retrieve the UCB.
June 25, 2019
Page 47 of 57
ARTICLE T. Special Uses
9-1T-15: Reverse Vending Machines and Collection Facilities:
F. Appeal to The Planning Commission: Any person aggrieved by the decision rendered by the
Director in granting, denying, or revoking any application for a permit under this section may
appeal the decision to the Planning Commission according to the requirements of Article C of
this Chapter. (Ord. 17-1026)
9-1T-15: REVERSE VENDING MACHINES AND COLLECTION FACILITIES:
A. Development and Operating Standards: All reverse vending machines and collection facilities
must comply with the following specific standards:
1. Reverse Vending Machines: Reverse vending machines located on a commercial site do
not require additional parking spaces for customers, and are permitted in all commercial
and manufacturing districts, subject to zoning clearance, pursuant to 9-1C of this, and
compliance with the following standards.
a. Accessory Use Only: The reverse vending machines may only be installed as an
accessory use.
b. Indoor Locations: If located inside a structure, the reverse vending machines must be
within 30 feet of the entrance and may not obstruct pedestrian circulation.
c. Maximum Size: The reverse vending machines may not occupy more than 50 square
feet, including any protective enclosure, and may not be more than eight feet in
height. A reverse vending machine or collection of reverse vending machines greater
than 50 square feet is considered a collection facility.
d. Signs: The reverse vending machines may only have a maximum sign area of four-
square feet per machine, exclusive of operating instructions.
e. Lighting: The reverse vending machines must be illuminated to ensure comfortable
and safe operation for any operating hours between dusk and dawn.
f. Materials: if located outside a structure, the reverse vending machines must be
constructed of durable waterproof and rustproof material.
g. Hours of Operation: The reverse vending machines may only have operating hours
within the operating hours of the main use.
h. Prohibited Locations: Reverse vending machines are prohibited within any of the
following locations:
L Public right-of-way and within 20 feet of the public right-of-way;
ii. Five feet from any property line; and
lune 25, 2019
Page 48 of 57
ARTICLE
T. Special Uses
any public
right-of-way, and not obstruct
9-1T-15:
Reverse Vending
Machines
and Collection Facilities:
Landscaping.
2. Collection Facilities: Collection facilities are permitted within all commercial and
manufacturing zones, subject to conditional use permit approval and compliance with
the following standards.
a. Location Requirements: Collection facilities:
Must be set back at least 45 feet
from
any public
right-of-way, and not obstruct
pedestrian or vehicular circulation
and
materials; and
Must permanently locate any containers provided for after-hours collection of
recyclable materials at least 30 feet from any property zoned or occupied for
residential use.
b. Maximum Size: Collection facilities may not be larger than 500 square feet and may
not occupy more than three parking spaces, except for spaces that will be
periodically needed for removal of materials or exchange of containers.
c. Appearance of Facility: Collection facilities, site fencing, and signs must be of a color
and design compatible with the surrounding uses and neighborhood.
d. Landscaping and Screening: The collection facility:
i. May not reduce or eliminate any required landscaping;
ii. Must be screened
from view from adjacent
public
rights-of-way using fences,
landscape, or other
approved
materials; and
Must be subject to additional landscaping and screening as determined through
conditional use permit.
e. Parking Requirements:
i. No additional parking space is required for customers of a collection facility
located in the established parking lot of the main use.
ii. Mobile or portable collection facilities must have an area clearly marked to
prohibit other vehicular parking during hours when the mobile collection facility
is scheduled to be present.
Use of parking spaces by the facility and by the employee may not reduce
available parking spaces below the minimum number required for the main use
unless a parking study shows that existing capacity is not fully utilized during the
time the collection facility will be on the site,
mne t5, tiny
Page 49 of 57
ARTICLE T. special Uses
9-1T-15: Reverse Vending Machines and Collection Facilities:
f. Signs: Signs may be provided as follows:
Collection facilities may have identification signs with a maximum area of 15
percent or 12 square feet per side of the structure whichever is greater. In the
case of a wheeled facility, the side will be measured from the ground to the top
of the container;
The sign must contain the hours of
operation,
redemption
values, and the name
of the operator or property owner;
and
other products
that
g. Operating Standards: Collection facilities:
i. May
not
accept
household
hazardous waste,
electronic waste, or
other products
that
may
cause
a risk to the
health and safety
of the community;
ii. May not use any power -driven processing equipment except for reverse vending
machines;
iii. Must use containers that are constructed with durable waterproof and rustproof
material, that are covered when the site is not attended, secured from
unauthorized removal of material, and of a capacity enough to accommodate
materials collected and the collection schedule;
iv. Must
store all materials in containers or in
the mobile
unit
vehicle,
and may not
leave
materials outside of containers when
attendant is
not
present;
and
v. Mobile facilities, at
which trucks or
containers
are removed at the end of each
collection day, must
be swept at the
end of each
collection day.
h. Hours of Operation: Attended facilities located within 100 feet of a property zoned or
occupied by a residential use may only operate between the hours of 9:00 A.M. and
7:00 P.M.
i. Trash Enclosure: The collection facility must either use the trash dumpster for the
primary use or construct an adjacent fully enclosed trash enclosure, with asix-foot
concrete block wall and a metal gate, surrounded with a minimum of three feet of
automatically irrigated landscaping.
3. General Standards: All reverse vending machines and collection facilities must comply
with the following standards:
a. Signs: Recycling and collection facilities may be provided identification and
informational signs, as follows, provided that all signs meet the standards of the
applicable zoning district.
June 25, 2019
Page 50 of 57
ARTICLE
T. Special Uses
or collection facility may be in
equired
parking spaces or a
driveway.
9-1T-15:
Reverse Vending
Machines
and
Collection
Facilities:
All collection facilities and reverse vending machines must be clearly marked to
identify the type of material which may be deposited, and display a notice stating
that no material can be left outside the enclosure or machine; and
The recycling and collection facility must be clearly marked to identify the name
and telephone number of the operator and the hours of operation.
Directional signs bearing no advertising message, may be installed with prior
approval of the Director if found necessary to facilitate traffic circulation or if the
collection facility is not visible from the public right-of-way.
b. Refuse Disposal: Sites with reverse vending machines and collection facilities must
maintain adequate on-site refuse containers for the disposal of non -recyclable, non-
hazardous waste. Trash cans must be placed adjacent to facilities and be emptied
periodically so as not to create litter in the adjacent area.
c. Maintenance and Cleanliness: The site must be maintained clean, sanitary, and free
of litter, waste materials, and loose debris. Temporarily stored materials must be
moved to an approved processing site as soon as practical.
d. Locations:
i. Dwelling Units: No reverse vending machine or collection facility may be allowed
on a lot with a residential dwelling unit.
ii. Vacant Lots: No reverse vending machine or collection facility may be allowed on
a lot without a main building.
iii. Occupied Structure: A reverse vending machine or collection facility is only
permitted on a lot that also contains a main building that contains at least one
operating business or other ongoing activity, not including a commercial parking
lot.
iv. Required
Parking: No reverse vending machine
or collection facility may be in
equired
parking spaces or a
driveway.
v. No Blocking: Reverse vending machines and collection facilities, including patrons
of the facilities, cannot block or impede access to: required parking or driveways;
pedestrian routes; emergency vehicle routes; building entries or exits; required
handicapped accessibility routes; easements; trash enclosure areas or access to
trash bins/trash enclosures; and fire lanes.
vi. Near Residences: No reverse vending machine or collection facility may be within
50 feet of a residential structure.
June 25, 2019
Page 51 of 57
ARTICLE T. Special Uses
9-1T-16: Home Occupat
9-1T-16: HOME OCCUPATIONS:
A. Development and Operating Standards: A home occupation license may be issued to an
occupant of a dwelling unit, located in any R Zone, provided the home occupation meets the
following:
1. There is o
display or outdoor storage
of goods,
wares, merchandise, or stock in trade
maintained
on the premises; and
conjunction with the home occupation.
Evidence of
2. There shall be no items sold on-site, and
e. There is not more than one person regularly employed in such occupation; and only a
resident of the dwelling unit shall be employed in the operation of a home occupation use.
No volunteers, interns or independent contractors shall be part of a home occupation permit.
C. There is no equipment used in conjunction with such occupation, which emits dust, fumes,
noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of
adjacent properties; and
D. There is not more than 200 square feet of the floor space of the dwelling devoted to such
use; and
E. There is no appreciable increase of traffic, pedestrian and vehicular, by reason of such
occupation, calling or profession; and
F. There is no alteration of the structure or loss of any required parking; and
G. There is no
use of any sign not otherwise
permitted
in the zone in which the occupation is
located; no
signage whatsoever shall be permitted in
conjunction with the home occupation.
Evidence of
a violation of this prohibition
against home
occupation related signage shall be
grounds for
revocation or suspension of all
applicable
permits.
H. Violation: Any code violation or any failure to comply with the above regulations will be
grounds for revocation of the home occupation license in accordance with section 5-18-16 of
this code.
9-1T-17: ANIMAL KEEPING:
A. Development and Operating Standards. Animals may be kept in any residential unit provided
the keeping of animals complies with the development and operating standards of this
section and Title 3, Chapter 6 of this code.
1. Household Pets. The maximum number of household pets over four months of age shall
not exceed the limitations set forth below:
June 25, 2019
Page 52 of 57
ARTICLE T. Special Uses
9-1T-17: Animal Keeping:
a. If there is only one residential dwelling unit on said lot, then the limitation shall be
three such household pets; and
there are two residential units on said lot, then the limitation shall be two
household pets per unit; and
c. If there are three or more such units on said lot, then the limitation shall be one
household pet per unit.
2. Not more than two rabbits or hens or ducks over four months of age per 2,000 square
feet of lot area; and,
a. No turkeys or other livestock or fowl.
b. Animals may not be sold commercially.
c. Noon -site slaughtering of animals.
d. Hen enclosures must be:
i. At least five feet from a property line.
ii. Any walls or fences within ten feet of a property line must be solid.
e. Aviaries for pigeons,
song or decorative birds,
provided
the following conditions are
met:
and
not for commercial exploitation;
and
i. Not more than twelve adult birds are so maintained; and
ii. The
purpose of the maintenance of
such
aviary is primarily for
hobby purposes
and
not for commercial exploitation;
and
inspections in the amount set by
the City
The structures housing such aviaries shall not be located within ten feet of any
side or rear lot line upon the lot where located, unless separated from adjoining
property by a solid wall or fence at least one inch thick; nor shall the same be
located in front of any residential structure; nor within thirty five feet of any
main building; nor shall the same be higher than any yard wall located within ten
feet thereof; and
iv. Any person may apply to the City
Council
for a special permit for aviaries
containing more than twelve birds,
provided
that such applicant pays a fee
for
inspections in the amount set by
the City
Council by separate motion,
and
provided further that the applicant
may show to the satisfaction of the
City
Council that such aviary will be maintained
without damage or nuisance to
neighboring properties; and
June 25, 2019
Page 53 of 57
ARTICLE T. Special Uses
9-1T-18: Sidewalk Dinin
v. All existing
nonconforming
structures erected
for the
housing
of birds shall
comply with
new regulations
and standards on or
before
January 1,
1971.
3. Nothing contained in this section shall prevent the keeping of animals or fowl by a tax
supported eleemosynary or public educational institution, which are utilized as a part of
such institution's curriculum; and
4. No person
shall allow or permit animals to
run at large
upon any public street or
place, or
to trespass
upon the property of another.
obnoxious,
filthy
or unsanitary
5. No person
shall keep
upon
any premises,
any animals,
poultry or household pets in a foul,
offensive,
obnoxious,
filthy
or unsanitary
condition.
6. No person, firm or corporation shall keep bees within the corporate limits.
7. No person may keep more than one pygmy pig or hog, commonly referred to as a
Vietnamese pot-bellied pig, pygmy pig, or mini -pig, that stands no higher than 20 inches
at the shoulder and is no longer than 40 inches from the tip of the head to the end of the
buttocks, and weighs no more than 120 pounds.
a. The owner or custodian of a
pygmy pig must provide written
confirmation to the
City
from a licensed veterinarian
that the pig has been neutered or spayed; and
and then only if
b. The breeding of pygmy pigs is prohibited.
8. Violation. Violation of this
section
is a public
nuisance and subject to enforcement in
accordance with applicable
law.
and then only if
the
9-1T-18: SIDEWALK DINING:
A. Definition:
SIDEWALK CAFE: Any group of tables and chairs, and its authorized decorative an accessory
devices, situated and maintained upon the public sidewalk o along the existing "malls' at the
rear of the building for us in connection with consumption of food and beverage sold to the
public from or in an adjoining indoor restaurant.
B. Sidewalk Cafe Permitted: A sidewalk cafe is a permitted accessory
use and will be
administratively reviewed in accordance with the criteria set forth herein. The Director may
impose any other additional conditions as deemed necessary and appropriate; any action of
the Direction is subject to appeal to the Planning Commission.
C. Limitation and Requirements:
A sidewalk cafe
may
be permitted
only in zoning districts
which allow indoor restaurants
and then only if
the
sidewalk cafe
is situated adjacent, as
lune 25, 2019
Page 54 of 57
ARTICLE T. Special Uses
9-1T-18: Sidewalk Dinin
specified
below, to an
indoor
restaurant and the sidewalk
cafe's operation is incidental to and
a part of
the operation
of the
adjacent indoor restaurant.
the sidewalk.
1. Existing indoor restaurants must conform to all section of the Code to be eligible for
approval of sidewalk services.
2. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and
abutting the indoor restaurant which operate the cafe, provided the area in which the
sidewalk cafe is located extend no further along the sidewalk's length than the actual
sidewalk frontage of the operating indoor restaurant and all other applicable provisions
of the this section are fulfilled.
3. A sidewalk cafe may be located on an area of the public sidewalk which is not
immediately adjacent to and abutting the indoor restaurant which operates the cafe,
provided all applicable provisions of this section are fulfilled and provided that the
majority of the area in which the sidewalk cafe will be located is situated on the public
sidewalk directly in front of the indoor restaurant which operates the cafe. That area of
the public sidewalk which would be enclosed by a perpendicular projection of the indoor
restaurant's sidewalk frontage over the sidewalk, will be considered as being "directly in
front of the indoor restaurant" for the purpose of this subsection.
4. An indoor restaurant
may be
permitted
to operate
only ane sidewalk cafe and each
sidewalk cafe must be
confined
to a single
location on
the sidewalk.
5. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately
accommodate both the usual pedestrian traffic in the area and the operation of the
proposed cafe. There must be a minimum 48" clear distance free of all obstructions, in
order to allow adequate pedestrian movement. Any sidewalk cafe must be established
and operated to be consistent with ADA standards and criteria.
6. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, must be
movable. Umbrellas must be secured with a minimum base of not less than 60 pounds.
Outdoor heaters, amplified music, or speakers must be reviewed at the time of
application.
7. No signs are be allowed at any outdoor cafe.
8. A sidewalk cafe may serve only food and beverages prepared or stocked for sale at the
adjoining indoor restaurant; provided that the service of beer or wine, or both, solely for
on -premises consumption by customers within the area of the sidewalk cafe has been
authorized as part of the application review. Each of the following requirements must
also be met:
June 25, 2019
Page 55 of 57
ARTICLE T. Special Uses
9-1T-18: Sidewalk Dining:
a. The area in which the sidewalk cafe is authorized is identified in a manner which will
clearly separate and delineate it from the areas of the sidewalk, which will remain
open to pedestrian traffic.
9. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine at
the cafe, will be duly licensed, by State authorities to sell beer or wine, or both, for
consumption within the area of the sidewalk cafe.
10. The outdoor preparation of food and busing facilities are prohibited at sidewalk cafes.
11. All exterior
surfaces within the
cafe must be easily cleanable and
must always
be kept
clean by the
permittee.
nuisances. The Director may impose
additional conditions as deemed
necessary to address
12. Restrooms for the cafe must be provided in the adjoining indoor restaurant and the cafe
seating must be counted in determining the restroom requirements of the indoor
restaurant.
13. Trash and refuse storage for the sidewalk cafe must not be permitted within the outdoor
dining area or on adjacent sidewalk areas and the permittee must remove all trash and
litter as it accumulates. The permittee is be responsible for maintaining the outdoor
dining area, including the sidewalk surface and furniture and adjacent areas in a clean
and safe condition.
14. Hours of operation must be identical to those of the indoor restaurant. All furniture used
in the operation of an outdoor cafe must be removed from the sidewalk and stored
indoors whenever the indoor restaurant is closed.
15. The City has the right to prohibit the operation of a sidewalk cafe at any time because of
anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems
and conflicts may arise from, but are not limited to, scheduled festivals and similar events,
parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the
extent possible, the permittee will be given prior written notice of any time period during
which the operation of the sidewalk cafe will be prohibited by the City.
16. The sidewalk cafe will not require the provision of additional off-street parking.
D. Findings and Conditions: In connection with approval, the Community Development Director
may impose such conditions as deemed necessary to assure the appropriate operation of the
business and assure that the public safety and welfare are protected.
E. Terms and Renewal: Any approved
sidewalk cafe may be
subject to review based upon
neighborhood complaints, unlawful
assembly, excessive
noise, or
other similar public
nuisances. The Director may impose
additional conditions as deemed
necessary to address
identified problems associated with
the use. Any action
taken by
the Director may be
June 25, 2019
Page 56 of 57
ARTICLE T. Special Uses
9-1T-18: Sidewalk Dinin
appealed to the Planning Commission. The Planning Commission has the authority to revoke
authorization for any sidewalk cafe. Any action of the Planning Commission may be appealed
to the City Council,
F. Revocation: Approval for the sidewalk cafe and/or the business license for the restaurant use
may be revoked following notice to the permittee and a public hearing, upon a finding that
one or more conditions of the permit or of this section have been violated or that the
sidewalk cafe is being operated in a manner which constitutes a nuisance, or that the
operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past
the sidewalk cafe.
lune 25, 2019
Page 57 of 57
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