Article 4 — Site Planning and General Development Standards

Chapter 17.40 - General Property Development and Use Standards

Chapter 17.42 - Inclusionary Housing Requirements

Chapter 17.43 - Density Bonus, Waivers and Incentives

Chapter 17.44 - Landscaping

Chapter 17.46 - Parking and Loading

Chapter 17.48 - Signs

Chapter 17.40 - General Property Development and Use Standards

Sections:

17.40.010 - Purpose of Chapter

This Chapter expands upon the requirements of Article 2 by addressing additional details of site planning, project design, and the operation of land uses, to ensure that proposed development produces an environment of stable and desirable character, is compatible with existing and future development in the vicinity, and protects the use and enjoyment of neighboring properties consistent with the General Plan and any applicable specific plan.

17.40.020 - Applicability

1. All proposed development and new land uses. The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.71 (Nonconforming Uses, Structures, and Lots), and shall be considered in combination with the standards for the applicable zoning district in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Specific Plan Standards), and 5 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 5 shall control.
2. Remodeling projects. Whenever more than 50 percent of the exterior walls of a structure are removed, the replacement construction would constitute a new structure that would have to comply with all current development standards of the subject zoning district.

17.40.030 - Development on an Undeveloped Lot

No land use permit shall be approved for a proposed project on an undeveloped lot that was created before March 4, 1972, by means other than a Parcel or Tract Map, unless a Certificate of Compliance is first obtained and recorded with the Los Angeles County Recorder.

17.40.040 - Development on a Substandard Lot

1. Use of a substandard lot. A legally created substandard lot may be granted the land use permit required by Article 2 for a use allowed by the applicable zoning district without needing a Variance for lot width or area. The development of an illegally created lot is prohibited.
2. Limitation on Variances for lots of less than 5,000 square feet. If new construction, or an addition to a structure on a lot less than 5,000 square feet, cannot meet the development standards of the applicable zoning district and requires a Variance, the size of the lot may not be used as the sole basis for granting a Variance.

17.40.050 - Flag Lot Development Standards

The following regulations apply to a subdivision where one or more flag lots are proposed, or where an existing flag lot is to be developed with an addition or a new residence.

1. When allowed. A flag lot shall only be allowed:
   1. On property zoned RS, and only within the Hillside Development (HD) Overlay District (a flag lot shall not be allowed in the HD-1 Overlay District or any other zoning district);
   2. Only if there is no reasonable alternative due to extreme topographic conditions or other physical conditions as determined by the Advisory Agency; and
   3. Only when extreme physical constraints and circumstances are inherent.
   In considering a new flag lot, a conventional subdivision would first have to be possible.
2. Required procedure.
   1. Subdivision process. A flag lot may be created only through Parcel Map or Tract Map approval; a Lot Line Adjustment shall not be used to create a flag lot.
   2. Conditional Use Permit. The creation of a flag lot shall also require Conditional Use Permit approval by the Advisory Agency, in compliance with Section 17.61.050.
   3. Geotechnical report. A geotechnical report shall be filed for review and approval by the Building and Safety Division attesting to the stability of the site, before consideration of the subdivision map or Conditional Use Permit by the Advisory Agency.
   4. Standards. All lots proposed in flag lot subdivision shall comply with all applicable standards of this Zoning Code, the requirements of the Department, and the requirements of other City departments or divisions including the Department of Public Works, Transportation Department, Fire Department, and the Building Division.
3. Design standards.
   1. Pole configuration, street frontage. Each flag lot shall be designed to provide a "pole" that functions primarily as an accessway from the street to the main body ("flag" portion) of the lot. Private access easements shall not be allowed. See Figure 4-1.
      1. A minimum 20 feet, and a maximum 25 feet of frontage and width shall be maintained throughout the length of the pole.
      2. Driveways shall meet the minimum requirement of Section 17.29.050.F.1.
      3. The pole portion shall be deemed to end, and the flag portion of the lot shall be deemed to commence, at the extension of the front property line.

         Figure 4-1 — Flat lot components

         

         Figure 4-2 — Flag lot width/depth

         
   2. Designation of property lines. The following requirements determine the location of the front, side, and rear property lines of a flag lot.
      1. Front property line. The front property line shall be the lot boundary that most nearly parallels the public or private street providing access to the lot, and which abuts the end of the pole, but does not include the pole. If the pole is not at a 90‑degree angle to the front property line, the front property line shall be calculated as if the front property line continued by drawing an imaginary line to the pole.
      2. Side and rear property lines.

         (1) The side property line shall be any lot boundary that does not abut a public or private right-of-way, and which is not a front or rear property line, exclusive of the pole portion of the lot.

         (2) The rear property line shall be the lot boundary opposite the front property line.

   3. Measurement of lot depth. Lot depth shall be measured at the midpoints of the front property line, as defined in Subsection B.3, and the rear property line of the flag portion of the lot. When measuring the depth of a flag lot, the pole shall not be included. See Figure 4-2.
   4. Lot width. The width of the flag portion of a lot shall comply with the minimum standards of the applicable residential base zoning district. See Figure 4-2.
      1. Lot width shall be measured by a line connecting two points on opposite side property lines, that will result in a line parallel to the front property line, as defined in Subsection B.2.
      2. For purposes of measuring the width of a flag lot, the calculation shall not include the pole of the flag lot.
   5. Minimum lot area. The flag portion of a flag lot shall comply with the minimum area and dimensions required by the applicable residential base zoning district.
      1. For purposes of measuring the lot area, only the flag portion shall be considered.
      2. The flag portion of a flag lot shall not include the pole, or any other portion of the lot where lot width is less than the minimum required by the applicable residential base zoning district. Where the pole is not at a 90-degree angle to the front property line abutting the pole, the front property line shall be calculated as if the front property line continued by drawing an imaginary line, which will also illustrate the boundary of the main body of the lot.
   6. Maximum number of lots. The total number of lots in a flag lot subdivision shall comply with the following requirements.
      1. Where the average slope of a site is 15 percent or less, the total maximum allowable number of lots shall be determined by the applicable residential base zoning district.
      2. Where the average slope of a site exceeds 15 percent, the total maximum allowable number of lots shall be determined in compliance with Section 17.29.040 (Hillside Subdivision Design Standards).
4. Multiple flag lots. Where a subdivision proposes more than one flag lot, the following standards shall apply:
   1. Not more than two flag lot poles shall be contiguous to each other.
   2. The poles of two flag lots that are contiguous shall have a maximum width of 40 feet.
   3. No wall, fence, hedge, or other obstruction, as determined by the Fire Department, shall be constructed or planted within the width of the pole area of the flag lots.
   4. Private access easements shall not be allowed.
   5. Where a total of three or more lots are created, and two are flag lots with poles that are contiguous to each other, the driveway to the nonflag lots shall be separated from the contiguous poles by a minimum five-foot wide landscaped planter.
5. Development standards for flag lots. Where an addition to a residence on a flag lot is proposed, or where a new residence is proposed on a flag lot, the following standards shall apply:
   1. Construction and development of a single-family residence and related accessory structures on a flag lot shall only occur in the flag portion of the lot.
   2. The maximum gross Floor Area Ratio (FAR) shall be based upon the area of the flag portion of the lot.
   3. Each structure on a flag lot shall be oriented to provide the maximum privacy to surrounding existing and future residential structures.
      1. Large windows and decks on the second floor of a residence on a flag lot shall orient to on-site setback areas and not to surrounding properties.
      2. Other methods for protecting privacy may include using translucent material in (upper floor) windows, eliminating windows, reducing and/or relocating balconies, or eliminating balconies.
   4. The street address of the flag lot shall be placed in a conspicuous location within the pole of the lot that is easily visible from the street.
6. Required findings for flag lots. The approval of a Conditional Use Permit for flag lots shall require that the Advisory Agency first make all of the following findings, in addition to the findings required for Conditional Use Permit approval in Section 17.61.050.G (Findings and decision):
   1. The proposed flag lot subdivision is the only reasonable subdivision design due to extreme topographic conditions, or other physical and natural constraints of the subject property (e.g., natural drainage course or streams, protected trees, etc);
   2. The design of the proposed flag lot subdivision complies with the flag lot development standards identified in this Section; and
   3. The lots created from the proposed flag lot subdivision do not adversely impact the established neighborhood character nor deviate from the established neighborhood character, which shall consider the scale of the existing lot sizes and lot configurations in the surrounding area. For purposes of this finding, the surrounding area shall mean all properties within a 1,000-foot radius of the subject property's boundary (before subdivision).

17.40.055 – Development on Lots Divided by District Boundaries. 

 A.    Application of Standards.

1. On a lot or site divided by a zoning district boundary by virtue of Ordinance No. 6096, the owner may elect to apply to the entire lot or site the regulations of the less restrictive district provided the more restrictive portion does not exceed 30 feet measured perpendicular to the district boundary. Otherwise, the regulations applicable to each district shall be applied to the area within each district. For the purposes of this subsection, the Zoning Administrator shall determine which district is less restrictive
2. On a lot or site that is divided by a zoning district boundary by virtue of a zoning map amendments subsequent to Ordinance No. 6096, the regulations applicable to each district shall be applied to the area within the district.

2. Parking. Notwithstanding the above provisions, on a lot or site divided by a zoning boundary by virtue of Ordinance No. 6996, a parking lot serving the principal use may be located within the district where such use is not permitted upon approval of a minor conditional use permit.  Pedestrian or vehicular access shall not traverse an adjacent lot that is not in a district in which the use is a permitted or conditionally permitted use.  

17.40.060 - Height Requirements and Exceptions

1. Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits.
2. Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Zoning Districts and Allowable Land Uses), other provisions of this Article, Article 5 (Standards for Specific Land Uses), or by any height limit (HL) overlay zone (Section 17.28.040), except as otherwise provided by this Section.
3. Height measurement.
   1. The maximum allowable height of a structure shall be measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure, except as otherwise specified by this Zoning Code. See Figure 4-3.

      Figure 4-3 — Height Measurement

      

   2. The highest point of the structure shall be considered its highest ridge or parapet.
   3. Where the height limits of the applicable zoning district require measurement to the top plate, the height shall be measured from the lowest elevation of the existing grade at the exterior wall of the structure to the top plate elevation
   4. If a single structure crosses a zoning or height district boundary (e.g., where one structure is located in two or more different zoning or height districts), the maximum height shall be measured separately for each portion of the structure in order to ensure compliance with the zoning or height district in which it is located. See Figure 4-4. (See Interpretation)

      Figure 4-4 — Height with Site Divided by Zoning

      
4. Height limit exceptions.
   1. Chimney exceptions. A chimney may exceed the height limit established by the applicable zoning district by a maximum of two feet.
   2. Roof mounted exceptions. (See Interpretation)
      1. Commercial and industrial structures. For commercial and industrial structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 15 feet. (See Interpretation)

         (1) The Design Commission may allow the appurtenance height to go to a maximum of 20 feet if the DC finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).

         (2) If the project is not subject to Design Review, the Director may allow the height to go to a maximum of 20 feet if the Director finds that the additional height provides an improved architectural design (e.g., towers or other architectural features). (See Interpretation)

      2. Multi-family structures. For multi-family structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 10 feet. For projects subject to the City of Gardens provisions (17.22.060) enclosed or trellised roof decks may exceed the height limit upon approval of a minor conditional use permit.
      3. Roof-top garden railings. An open railing around a roof-top garden may be allowed to exceed the height limit established by the applicable zoning district; provided the railing is the minimum height required under the Building Code (for safety purposes) and the railing is stepped back so as not to be visible from the street. See Figure 4-5.

         Figure 4-5 — Roof-top Garden Railings

         

17.40.070 - Limited Hours of Operation

1. Applicability.
   1. The limited hours of operation regulations shall apply as contained on the Land Use Tables in Article 2 - Zoning Districts, Allowable Land Uses, and Zone-Specific Standards and Article 3 - Specific Plan Standards.  
   2. The regulations only apply when one or more of the identified uses are located on a site that is located within 150 feet of a residential zoning district.
   3. If located as specified in Subsection A.2., above, the identified uses may only operate between the hours of 7:00 a.m. and 10:00 p.m. by right; and between the hours of 10:00 p.m. and 7:00 a.m. subject to the issuance of a Conditional Use Permit.
   4. This Section does not apply to the CD zoning district, except for the provisions of Subsection C. (Special hours for loading, unloading, and trash pick-up), below.
2. Exempt activities. The following land use activities are exempt from these restrictions:
   1. Accessory antenna arrays.
   2. Public, Semi-public uses.
   3. Adult day-care B limited.
   4. Automated teller machines (ATMs).
   5. Banks (with walk-up services only).
   6. Child day-care B large care home.
   7. Child day-care B small care home.
   8. Emergency shelters.
   9. Life/care facilities.
   10. Lodging (operation of check-in/check-out and room services only), including bed and breakfast inns, and hotels and motels.
   11. Mixed-use projects (see 17.50.160).
   12. Mortuaries.
   13. Offices with fewer than 15 employees working on-site at one time.
   14. Offices, government.
   15. Single-room occupancy facilities.
   16. Temporary uses.

   17. Wireless communications facilities B major and minor.
   18. Work/live units.
3. Special hours for truck loading, unloading, and trash pick-up. In the CD, CG, CL, CO, and IG zoning districts and within the commercial districts of specific plan areas, truck loading, unloading, and trash pick-up for any use that is located within 300 feet of a residential zoning district is allowed only between the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. No truck loading, unloading, or trash pick-up is allowed on Sundays.

17.40.080 - Outdoor Lighting

Exterior lighting on private property shall comply with the following requirements. Parking lot lighting shall comply with Section 17.46.220 (Outdoor Parking Area Lighting).

1. Lighting shall be energy-efficient, and shielded. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting on private property shall produce an illumination level greater than one footcandle on any property within a residential zoning district except on the site of the light source. (See Interpretation)
2. No lights shall blink, flash, or be of high intensity or brightness. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Zoning Administrator.
3. Lighting shall be appropriate in scale, intensity, and height. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.
4. Outdoor sports court lighting. Lighting for an outdoor sports court or field within 300 feet of a residential zoning district shall require Minor Conditional Use Permit approval.

17.40.090 - Performance Standards

The following performance standards shall apply to all land uses in all zoning districts. The Zoning Administrator or the Code Enforcement Administrator shall require evidence of the ability to comply with these requirements as they deem reasonably necessary before issuance of a Code Compliance Certificate, a Building Permit, or an Occupancy Permit.

1. Electromagnetic interference. No use, activity, or process shall cause electromagnetic interference with normal radio or television reception on another site or with the function of other electronic equipment on another site.
2. Heat and humidity. No use, activity, or process shall produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity at the property line of the site that cause material distress, discomfort, or injury to the average person.
3. Odor. No use, process, or activity shall produce odor that causes discomfort or annoyance to a reasonable person of normal sensitivity or which endangers the comfort, repose, health, or peace of residents whose property abuts the site.
4. Solar access. No structure shall be established or enlarged unless it has been reviewed by the Zoning Administrator for its effect on solar access to existing and future solar applications on adjacent properties subject to the following findings:
   1. There are no conditions, covenants, and restrictions existing or proposed that are adverse to solar energy systems;
   2. Solar access has been addressed within the context of any required Environmental Impact Report; and
   3. The proposed structure will not prohibit or unreasonably restrict the use of solar energy systems on adjacent properties.
5. Vibration. No use, activity, or process shall produce vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health, or peace of residents whose property abuts the site.

17.40.100 - Public Art Requirements and Design Standards

1. Purpose. This Section implements the policies of the Cultural and Recreational Element of the Pasadena Comprehensive General Plan that call for provisions for the arts and other cultural resources in new commercial development. This Section will further this program goal by establishing a requirement that the design of certain projects incorporate a public art component.
2. Applicability.
   1. Projects over 25,000 square feet. Each commercial, industrial, mixed-use project and parking structure over 25,000 square feet of gross floor area shall incorporate in its design a public art component. For the purpose of this section, the gross floor area calculation shall include parking garages (including below grade and at or above grade garages).
   2. All City projects. All City construction projects shall also incorporate in their design a public art component.
   3. Public art defined. For the purposes of this Section, "public art" shall mean the creation of an original work or service of an artist for a publicly accessible space which could be, but is not limited to, earthworks, mosaics, murals, and sculpture.
   4. One percent of Building Permit. The minimum standard of performance used to measure compliance with this Section shall be that the public art component shall have a value of not less than one percent of the Building Permit valuation.
3. Exceptions. This Section shall not apply to a project:
   1. Having a fully executed owner participation agreement ("OPA"), disposition and development agreement ("DDA") or development agreement, or a Vesting Tentative Map approved before the effective date of the ordinance enacting this Section;
   2. Within the Enterprise Zone Business Development Area (EZBDA) as that zone may be amended from time to time;
   3. Within the boundaries of a master plan or planned development zone change area approved before the effective date of the ordinance enacting this Section;
   4. For which a Building Permit was issued before the effective date of the ordinance enacting this Section. A Building Permit for additions to the same project which is issued after the effective date of the ordinance enacting this Section shall be subject to this Section; and
   5. Within the boundaries of any redevelopment project area. As to redevelopment project areas, the applicant shall comply with the design for development adopted in compliance with to the applicable redevelopment plan.
4. Guidelines for compliance.
   1. The Arts and Culture Commission shall recommend and the Council, by resolution, shall adopt guidelines to be used in determining whether there has been compliance with this Section.
   2. The Arts and Culture Commission shall be responsible for determining compliance with this Section.
5. Verification of compliance. No Certificate of Occupancy shall be issued for a project subject to the requirements of this Section until the Arts and Culture Commission has made a written determination of compliance with this Section.

17.40.110 - Reflective Surfaces

1. Reflective glass. For new structures, mirror or highly reflective glass shall not cover more than 20 percent of a structure's surface visible from a street.
2. Metallic finishes. In the RS and RM-12 zoning districts, the exterior walls and/or roof of a main structure may have a metallic finish (e.g., exposed metal cladding) only with the approval of a Minor Conditional Use Permit, in compliance with Section 17.61.050.

17.40.120 - Refuse Storage Facilities

1. Applicability.
   1. A refuse storage area for the collection of trash and recycled goods shall be provided at the time any structure is constructed.
   2. Refuse storage areas for additional dwelling units or for enlargements to existing nonresidential uses shall meet the minimum size required by this Section.
   3. The number of dwelling units or amount of floor area used in determining the size of the refuse storage area shall be the total number of units or amount of floor area when the project is completed.
2. Design standards. Each proposed development and new land use shall provide a refuse storage area in compliance with the following requirements, provided that the Zoning Administrator may approve deviations to these standards.
   1. Location. Each required refuse storage area shall be located within 150 feet of the users and shall not be located in a required garden, yard, court, or landscape area.
   2. Minimum storage area required. Each required refuse storage area shall provide space for the storage of trash and recyclable materials as follows.
      1. Trash area. An area for the storage of trash shall be provided with minimum clear dimensions of five feet by seven feet for all multi-family residential uses of four to 19 dwelling units, and for all nonresidential uses with a gross floor area of less than 25,000 square feet. Multi-family residential uses with 20 or more dwelling units, and nonresidential uses with 25,000 square feet of gross floor area or more, shall provide trash storage areas with the minimum size determined by the Director of Public Works based on the type of use, the size of the refuse area proposed, and the frequency of refuse collection.
      2. Recycling area. In each required refuse storage area, space shall be provided for recyclable materials. A separate bin for each type of recyclable material collected in the area in which the site is located shall be provided. The bins shall be clearly marked as to the types of recyclable materials which are to be placed in the bins, and a list of materials for which the bin is provided shall be attached to the bin.
   3. Enclosure required. A refuse storage area shall be enclosed in concrete block or other materials acceptable to the Zoning Administrator.
      1. Minimum height and clearance. The minimum height of the enclosure shall be six feet with a minimum vertical clearance of seven feet.
      2. Doors required. Solid wood or metal doors shall be provided at the entrance of the enclosure; the doors shall not be visible from a street.
      3. Maneuvering space. Space within the enclosure shall be provided for accessing and maneuvering the bins.
   4. Pavement. The surface of a refuse storage area shall be paved with Portland cement and shall be constructed to provide proper drainage.
   5. Accessibility. Accessibility to a refuse storage area shall be approved by the Director of Public Works.
   6. Use of alley. An alley shall not be used as a refuse storage area unless a permit is obtained from the Department of Public Works.
3. Refuse and storage areas in the CD-1 zoning district. In the CD-1 zoning district, the above requirement shall be met when there is a change in use or tenant improvements are proposed. In lieu of providing an on-site refuse storage area, applicants for nonresidential uses may provide a waste management plan that meets the following requirements.
   1. Review and approval. The waste management plan shall be reviewed by the Zoning Administrator and Department of Public Works to ensure that all refuse, trash, and recyclable materials generated by the use shall be collected and stored in an approved refuse storage area.
   2. Plan content. The plan shall specify the location of the waste disposal and include the items as a refuse storage area or trash compactor.
   3. Shared facilities. Under a waste management plan a refuse storage area or trash compactor may be shared with an adjacent use or be located off-site.
      1. Location requirements. Shared facilities shall be located within 200 feet of the structure to be served.
      2. Lease agreement. A lease agreement for off-site refuse storage or compactor shall be submitted to the Zoning Administrator detailing the location of the shared trash facilities. The lease agreement shall be effective as long as the structure is being used and shall contain a provision requiring the Zoning Administrator to be notified in writing at least 30 days before the termination of the lease. The lease shall be recorded with the County Recorder and a copy filed with the Zoning Administrator.

17.40.130 - Relocated Structures

A structure may be relocated from one lot to another in compliance with the following requirements.

1. Permit requirement. Minor Conditional Use Permit approval is required for relocation of a structure to a lot within the RS or RM-12 zoning districts. In the RM-16, RM-32, and RM-48 zoning districts a Minor Conditional Use Permit is required for a structure relocation for structures subject to the RS or RM-12 development standards.
2. Guarantee of performance.
   1. Before the structure's relocation to the lot, the applicant shall submit to the Zoning Administrator a certificate of deposit, for the benefit of the City, the amount of which shall be approved by the Zoning Administrator, to cover the cost of completion of the relocation project.
   2. The deposit shall be returned to the applicant upon completion of the project as determined by the Zoning Administrator, less any amount drawn upon by the Zoning Administrator to complete the project if the applicant fails to do so.
   3. The Zoning Administrator may modify this requirement for projects that are City-assisted or if the applicant can demonstrate other guarantees to the satisfaction of the Zoning Administrator.
3. Time for placement on foundation. The structure shall be secured immediately upon relocation and shall be placed on its foundation within 30 days of its relocation.
4. Time for completion of work. All exterior work on the structure and any required landscaping shall be substantially completed within 365 days or less, in compliance with a schedule approved by the Zoning Administrator before issuance of a Building Permit.

17.40.140 - Remodeling of Single-Family Residences

Whenever more than 50 percent of the exterior wall(s) of a structure is removed, the replacement construction shall constitute a new structure that would have to comply with all current development standards of the subject zoning district.

17.40.150 - Screening

1. General requirement. Except as otherwise specified herein, all new exterior mechanical equipment, except solar collectors, shall be screened or located out of view from public rights-of-way (not including freeways). Equipment to be screened includes air conditioning and refrigeration equipment, duct work, heating, plumbing lines, and satellite receiving antennas. (See Interpretation)
2. Utility meters. Aboveground utility meters shall not be located between the front property line and the front foot of building occupancy or the corner side property line and the front foot of building occupancy.
3. Screening specification. At a minimum, screening materials shall have evenly distributed openings or perforations not exceeding 50 percent of surface area and shall effectively screen mechanical equipment. (See Interpretation)
4. Exceptions. The following are exceptions to the above screening requirements:
   1. Screening requirements are not applicable to an antenna array consisting of a whip antenna that does not exceed a height of 15 feet or to satellite earth station antennas that are preempted by Part 25 of Title 47 of the Code of Federal Regulations.
   2. The Zoning Administrator may allow utility meters to be located between the front property line and the front foot of building occupancy or the corner side property line and the front foot of building occupancy when no other location is feasible. Aboveground utility meters located in front or corner yards shall be screened from view from the public right-of-way.
   3. Exceptions to the screening of mechanical equipment may be approved for projects subject to Design Review in Chapter 17.61 when the equipment is designed as an integral part of the architecture or where the screening enclosure substantially increases the visual mass on the roof line of a structure and alternative treatment may be preferable.

17.40.160 - Setback and Encroachment Plane Requirements and Exceptions

1. Purpose.

1. This Section provides standards for the use and minimum size of required setbacks, and for the application of encroachment planes.
2. These standards are intended to provide open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.
3. The encroachment plane standards of this Section are intended to moderate the mass and scale of proposed structures within certain residential and commercial zoning districts to maintain the desired neighborhood character.

2. Setback requirements.
    
   1. All structures.

1. All structures shall comply with the setback requirements of the applicable zoning districts established by Article 2 (Zoning Districts and Allowable Land Uses), with the requirements of this Section, and other setback requirements established by this Article and/or Article 5 (Standards for Specific Land Uses).

2. Each required setback shall be maintained open and unobstructed from the ground upward, except for trees, other plant materials, and the storage of City-provided refuse containers in single-family side or rear setbacks, and except as provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below.

2. Commercial and industrial abutting residential zoning district. In the commercial and industrial zoning districts, except for the CD district, a 15-foot side and/or rear setback shall be provided adjacent to any abutting residential zoning district. This setback requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking.  Single-family residential projects shall meet the rear setback requirements of the RS-6 district, two units on a lot shall meet the requirements of the RM-12 district and three or more units shall meet the setback requirements for multi-family districts (City of Gardens requirements - 17.22.060).

3. Measurement of setbacks. The following setbacks shall be measured from each exterior wall of a structure, to define a setback line parallel to the adjacent property line. Figure 4-6 shows the location of each type of setback, and the points from which they are measured.

1. Front setbacks. The front setback shall be measured at a right angle from the front property line of the lot to the point on the structure nearest to the front property line excluding the front porch.

1. Corner lots. The measurement shall be taken from the nearest point on the structure, excluding any porches, to the nearest point of the property line adjoining the street that is opposite the rear yard.
2. Flag lots. See Section 17.40.050 (Flag Lot Development Standards).

2. Side setbacks. Side setbacks shall be measured at right angles from the nearest point on the side property line of the lot to the nearest portion of the structure, excluding any porches; establishing a setback line parallel to the side property line that extends between the front and rear yards.
3. Rear setbacks. The rear setback shall be measured at right angles from the nearest point on the rear property line of the lot to the nearest portion of the structure, establishing a setback line parallel to the rear property line.

Figure 4-6 — Location and Measurement of Setbacks

Figure 4-7 — Flag Lot Setbacks

4. Encroachment plane requirements. Proposed structures shall comply with the following encroachment plane requirements in addition to the minimum setback requirements of this Section except as otherwise provided by Subsection E. (Setback and encroachment plane exceptions, allowed projections) below. In addition to the minimum setback requirements of the applicable zoning district and as defined in Subsection C., above, a main structure within:

1. RS and RM-12 zoning districts. Principal structures within the RS and RM-12 zoning districts shall not be located within a side setback encroachment plane sloping upward and inward to the site at a 30-degree angle measured from the vertical, commencing six feet above the existing grade along the interior side property line. See Figure 4-8.

Figure 4-8 — Encroachment plane requirements for the RS and RM-12 districts

 

2. Nonresidential structures abutting RS or RM-12 districts.  Principal and accessory structures shall not be located within an encroachment plane sloping upward and inward to the site at a 45-degree angle, commencing six feet above the existing grade at the property line of the abutting residential zoning district. This encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-8.1.

     Figure 4.8.1 – Encroachment Plane Requirements for Projects Abutting RS and RM-12 Zoning District

3. Nonresidential structures abutting RM-16, RM-32, and RM-48 zoning districts.  Principal and accessory structures shall not be located within an encroachment plane sloping upward and inward to the site at a 45-degree angle, commencing 20 feet above the existing grade at the property line of the abutting residential zoning district.  This encroachment plane requirement shall not apply along a property line that abuts a parking overlay property (PK) that is used for parking. See Figure 4-9.

Figure 4-9 - Encroachment plane requirements for projects abutting an RM-16, RM-32 and RM-48 districts

 

4. Multi-family projects adjacent to single-family districts.  Principal and accessory structures using the City of Gardens Standards (Section 17.22.070) that adjoin an RS district along a side lot line shall provide a five-foot side yard setback and shall not be located within a side encroachment plane sloping upward and inward to the site at a 30-degree angle measured from the vertical, commencing six feet above the existing grade along the side lot line. See Figure 4-9.1.  Also see encroachment exceptions in Table 4-2.1.

 Figure 4-9.1 - Side Yard Encroachment Plane

5. Setback and encroachment plane exceptions, allowed projections. An attached architectural feature may extend beyond the wall of the structure and into a front, side, or rear setback, and into the encroachment plane required by Subsection D. (Encroachment plane requirements), above, in compliance with Tables 4-1 and 4-2.  

Table 4-1 — Allowed Projections into Setbacks

Figure 4-10 — Examples of allowed projections into setbacks

 

Table 4-2 — Allowed Projections into Encroachment Plane
Using RS and RM-12 Standards

TABLE 4-2.1 —  ALLOWED PROJECTIONS INTO ENCROACHMENT PLANE FOR PROJECTS USING CITY OF GARDENS STANDARDS (17.22.070)

6. Limitations on the use of setbacks.  A required setback shall only be used in compliance with the following requirements.

1. Storage. No required setback shall be used for the storage of:

   1. Junk, inoperable vehicles, scrap, or similar material; or

   2. Building materials, except during on-site construction, in compliance with a valid Building Permit.

2. Parking. Parking is allowable within a required setback only in compliance with Section 17.46.080 (Parking Design Standards).

3. Front and corner side setback pavement in residential zones. Within a residential zoning district, no portion of any front or corner side setback area between the street property line and the building line shall be paved unless paving has been approved by the Zoning Administrator and the paving and site comply with the following requirements:

   1. Not more than 30 percent of the front or corner side setback area shall be paved;
   2. All unpaved areas shall be improved and maintained with landscaping;
   3. A driveway shall lead to covered parking elsewhere on the lot; and
   4. Driveway widths shall not exceed the maximum allowed under Section 17.46.150 (Driveway Design, Widths, and Clearances). (See Interpretation)

17.40.170 - Truck Trip Limitations

1. Applicability.
   1. The following standards shall apply to commercial and industrial uses in commercial and industrial zoning districts including specific plan areas.
   2. This Section does not apply to the CD zoning district.
2. Hours of operation.
   1. The operation of large trucks on sites that are more than 500 feet from a freeway and are less than 300 feet from a residential district that is not within 500 feet of a freeway shall be permitted between the hours of 6 a.m. to 7 p.m. This shall apply to new uses and uses that expand by more than 30 percent of the gross floor area.
   2. In the CG-1 district, on any site that is within 300 feet of an R district, large trucks shall be permitted between the hours of 6 a.m. to 7 p.m. This requirement applies to all uses, existing as well as proposed.
   3. These hours of operation maybe modified through the approval of a conditional use permit. The base ambient noise level found in the vicinity (without the operation of the trucks) shall not be exceeded during the time the truck activity is proposed.
3. Number of truck trips.
   1. A commercial or use within 300 feet of an R district shall be limited to ten one-way truck trips by large trucks per day, per six-day work week. This shall apply to new uses and uses that expand by more than 30 percent of the gross floor area. This requirement shall not apply to uses that are within 500 feet of a freeway.
   2. A commercial or industrial use within 300 feet of an R district and within the CG-1 district shall be limited to ten one-way truck trips by large trucks per day, per six-day work week. This shall apply to all sites and uses.

17.40.180 - Walls and Fences

All proposed walls and fences, including those located within a specific plan area, shall comply with the requirements of this Section. Requirements for walls for screening purposes are in Section 17.40.140 (Screening).

1. Wall and fence height measurement. (See Interpretation)
   1. Measured from existing grade. The height of all walls and fences shall be measured from the existing grade as it existed on March 2, 2009. The height of all walls and fences shall be measured from the existing grade to the top of the wall or fence in order to prevent the artificial raising of the grade in order to allow for a higher wall or fence. Where the existing grade changes (i.e., for a driveway) the fence height shall change with the grade. (See Interpretation)
   2. Measured in a continuum. The height shall be measured in a continuum at each point along the wall or fence.
2. Height limits for walls and fences.
   1. Walls and fences adjacent to intersections. All walls and fences adjacent to a street intersection shall comply with the requirements of Municipal Code Chapter 12.12.
   2. RS and RM-12 zoning districts. The maximum height of a wall or fence within the RS or RM-12 zoning districts shall be as follows and as illustrated by Figure 4-11 (Fence Height Limits in the RS and RM-12 Zoning Districts) below.
      1. Abutting OS or PS zoning district — six feet. In interior side or rear setbacks abutting property in a OS or PS zoning district or abutting property with a residential use, the maximum wall or fence height shall be six feet.
      2. Abutting commercial or industrial zoning district — eight feet. In interior side or rear setbacks abutting property in a commercial or industrial zoning district with a nonresidential use, the maximum wall or fence height shall be eight feet along the property line separating the residential district from the commercial or industrial district.
      3. Front setback — four feet. Between the front property line and the occupancy frontage, the maximum wall or fence height shall be four feet. Walls and fences in the front setback shall be at least 50 percent open and any concrete block materials shall have a finished stucco appearance. Fences shall be set back a minimum of 18 inches from the front property line. (See Interpretation)
      4. Corner and rear yard areas. Walls and fences in corner and rear yard setback areas shall be allowed as follows and as illustrated by Figure 4-11 (Corner Wall and Fence Height Limits in RS and RM-12 Zoning Districts) below:
         (1) Rear setback. The maximum height shall be six feet between the rear building line and the rear property line, provided the wall or fence is located a minimum distance of five feet from the street property line.

         (a) Where there are multiple rear building lines:

         i. The "rear building line" shall be the corner of the dwelling that is closest to the street property line; and

         ii. The corner of the dwelling that is closest to the street property line shall have a rear building line that is a minimum of 15 feet in length.

         (b) If there is an offset of less than 15 feet in length, the rear building line shall be the corner of the dwelling closest to the rear property line.

         (2) Within five feet of street property line. The maximum height within five feet of a street property line or between the occupancy frontage and the rear building line shall not exceed four feet.

         (3) Visibility at edge of driveway. The maximum height shall be 30 inches within a 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.

         Notwithstanding these provisions, the maximum height of a wall or fence in a corner setback shall be six feet and may be located at the street property line, provided the wall or fence is located beyond the front building line of the main structure and a commercial or industrial zoning district is located on the opposite side of the street adjacent to the corner setback.

         Figure 4-11 – Fence Height Limits in the RS and RM-12 Zoning Districts

         
          
      5. Double frontage lots. On double frontage lots, the Zoning Administrator shall determine the rear setback for the purposes of wall or fence height, and the maximum height of the rear wall or fence shall be six feet; provided, the wall or fence is located a minimum distance of 25 feet measured perpendicular to the rear street property line. The maximum height of a wall or fence in the rear setback within 25 feet of a street property line shall not exceed four feet.
      6. Flag lots. On flag lots, the maximum front yard wall or fence height may be six feet, provided the front yard of the flag lot is abutting interior side or rear yards on all sides. (See Interpretation)
      7. Spikes on walls and fences. Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.
      8. Private street for easements. Fences, gates or walls shall not be constructed within or across private or public streets or easements that serve more than one property.
      9. Prohibited materials. Barbed wire, concertina wire, and razor wire shall not be allowed.
   3. Multi-family (City of Gardens standards). Walls and fences may be located along property lines or in setbacks in compliance with the following.
       
      1. The height of a wall of fence along the rear property line or rear yard shall not exceed 10 feet excluding any corner side yard setback.
      2. The height of a wall of fence along the side property lines shall not exceed 10 feet for the rear 50 percent of the site and shall not exceed six feet for the remainder of the site, excluding the the front or corner side yard setback.
      3. Between the front property line and the occupancy frontage, the height of a wall or fence in a front yard or corner yard shall not exceed four feet if it is 50 percent open and two feet if the wall or fence is solid. The wall or fence height shall be measured from existing grade and shall be setback 18 inches from the front property line.
      4. The height of a wall or fence separating the main garden from other garden space on the same or an adjacent lot shall meet the requirements as a wall or fence in the front yard. See Subparagraph 3 above.
      5. The height of a wall or fence separating the main garden from a residential building on an adjoining lot with entrances close to the common property line shall meet the same requirements as a wall or fence in the front yard. See Subparagraph 3 above.
      6. The height of an interior wall or fence bordering an individual patio area shall not exceed six feet. It is encouraged to be less and to allow at least 50 percent visibility.
      7. The height of a wall or fence screening a driveway shall not exceed six feet.
      8. The height of a wall or fence screening a parking area shall be at least six feet but shall not exceed 10 feet.
   4. Nonresidential zoning districts. The maximum height of a wall or fence within the commercial and industrial zoning districts, including the CD, shall be as follows.
      1. Nonresidential projects.

         (1) Front and corner side setbacks.

         (a) The maximum height of a wall or fence along a street frontage shall be four feet when the wall or fence is located in front of a structure.

         (b) A wall or fence not located in front of a structure, but along a street frontage (e.g., located in front of a parking lot), shall not exceed a maximum height of six feet.

         (2) Interior side and rear setbacks.

         (a) The maximum height of a wall or fence shall be eight feet.

         (b) The height of the wall or fence shall 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 line(s) shall 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.

         (a) Walls and fences abutting a residential zoning district shall be constructed only from brick, concrete, or masonry.

         (b) Barbed wire, concertina wire, and razor wire shall not be allowed.

         (c) The wall or fence shall be a minimum of 50 percent open, except when a solid masonry wall is required to screen outdoor storage areas in compliance with Section 17.50.180.

         (d) Chain-link fences shall not be allowed along street frontages, but may be allowed in rear and interior side yards.

         (e) Spikes on walls and fences are not allowed when the walls or fences are less than six feet in height.

      2. Residential projects.

         (1) RS or RM-12 zoning district standards. Projects subject to the development standards of the RS or RM-12 zoning districts shall meet the wall and fence requirements of those zoning districts.

         (2) RM-16, RM-32, or RM-48 zoning district standards. Projects subject to the development standards of the RM-16, RM-32, or RM-48 zoning districts shall meet the wall and fence requirements of those zoning districts.

      3. All new projects abutting a residential zoning district. Required setbacks abutting residential zoning districts shall be enclosed by a solid concrete or masonry wall at least seven feet in height.

17.40.190 - Underground Utilities

Proposed development shall provide for the undergrounding of utility facilities (e.g., cable television, data network, electrical, telephone, and similar distribution lines providing direct service to the site) in compliance with the following requirements.

1. Nonresidential development. All utility facilities shall be installed underground within the site.
2. Residential development. All utility facilities on a site being developed with a new dwelling unit, or new construction adding more than 100 square feet to an existing dwelling unit, shall be installed underground within the property lines of the site.
   1. Risers on poles and structures are allowed and shall be provided by the developer or owner from the pole that provides services to the property.
   2. Where no developed underground system exists, utility service poles may be placed on the rear of the property to be developed only to terminate underground facilities.
   3. The developer or owner is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility providers for the installation of the facilities.
   4. The requirements of this Subsection shall not apply when the cost of placing the services underground exceeds the cost of construction of the new dwelling unit or the new construction.
3. Exemptions. Unless otherwise required by any provision of the Municipal Code, a development site shall not be subject to the requirements of this Section if, as of the date of filing of a Building Permit application:
   1. The utility lines serving the site are located aboveground, and there are no underground facilities within 100 feet of the site, and no plan to install the facilities within ten years of that date are either in the current budget or other authorized plan of the Pasadena Water and Power Department; or
   2. The site is not within an underground utility district approved by the Council.

Chapter 17.42 - Inclusionary Housing Requirements

Sections:

17.42.010 - Purpose of Chapter

This Chapter establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Chapter is to encourage the development and availability of affordable housing by ensuring that the addition of affordable housing units to the City's housing stock is in proportion with the overall increase in new housing units.

17.42.020 - Applicability and Exempt Projects

The requirements of this Chapter shall apply to all new residential projects, all subdivisions maps approved after the date of this Ordinance, and all single room occupancy projects, except as noted in Subsection B. The requirements of this Chapter shall apply to all developers and their agents, successors-in-interest, and assigns proposing a residential project. All inclusionary units required by this Chapter shall be sold or rented in compliance with this Chapter and the City's regulations for the implementation of this Chapter (see Subsection A).

1. Additional regulations. The Council shall by resolution establish regulations for the implementation of this Chapter. (These regulations were first adopted by the Council on September 10, 2001 and are entitled "City of Pasadena Inclusionary Housing Regulations.") All references to "Director" in said regulations shall mean the City Manager or the Assistant City Manager.
2. Exempt projects. The following are exempt from the requirements of this Chapter.
   1. Project with discretionary approvals. A residential project that has obtained:
      1. Discretionary approval (e.g., a Conditional Use Permit, Variance, or Design Review approval) in compliance with this Zoning Code before the effective date of this Chapter; and
      2. A Building Permit in compliance with the discretionary approval within 12 months of the effective date of this Chapter; and
      3. A Certificate of Occupancy in compliance with the same discretionary approval.
   2. Exempt by State law. A residential project that is exempt from this Chapter by State law, including a project for which the City enters into a development agreement.
   3. Project with Redevelopment Agreement. A residential project for which the Community Development Commission has executed a Redevelopment Agreement, provided that the Redevelopment Agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this Chapter, and there is no uncured breach of the Redevelopment Agreement before issuance of a Certificate of Occupancy for the project.

17.42.030 - Definitions

All of the terms used in this Chapter are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under the term "Affordable Housing Definitions."

17.42.040 - Inclusionary Unit Requirements

1. Minimum number of units required. A minimum of 15 percent of the total number of dwelling units in a residential project shall be developed, offered to, and sold or rented to households of low and moderate-income, at an affordable housing cost, as follows.
   1. Units for sale. If the project consists of units for sale, a minimum of 15 percent of the total number of units in the project shall be sold to low or moderate-income households.
   2. Rental units. If the residential project consists of rental units, a minimum of 10 percent of the units shall be rented to low-income households and five percent of the units shall be rented to low or moderate-income households.
2. Exception to minimum number required. For a period of 12 months from the effective date of this Chapter, a residential project that obtains discretionary approval, or if no discretionary approval is required, obtains a Building Permit within that period, shall develop, offer to, and sell the following number of units to low and moderate-income households at an affordable housing cost, instead of the 15 percent required by Subsection A.
   1. Units for sale. If the project consists of units for sale, a minimum of six percent of the total number of units shall be sold to low or moderate-income households.
   2. Rental units. If the project consists of rental units, a minimum of four percent of the total number of units shall be rented to low-income households and two percent of the total number of units shall be rented to low or moderate-income households.
3. Allowable credits. The inclusionary unit requirements of Subsections A. and B. may be reduced as follows.
   1. Very low-income units in lieu of low-income units. If very low-income units are provided in lieu of the required low-income units, the project shall receive a credit of 1.5 affordable units for each unit actually provided.
   2. Very low-income units in lieu of moderate-income units. If very low-income units are provided in lieu of required moderate-income units, the project shall receive a credit of two units for each unit actually provided.
   3. Low-income units in lieu of moderate-income units. If low-income units are provided in lieu of required moderate-income units, the project shall receive a credit of 1.5 units for each unit actually provided.
4. Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units of 0.75 or above shall be rounded-up to a whole unit if the residential project consists of 10 to 20 units; and fractional units of 0.50 or above shall be rounded-up to a whole unit if the project consists of 21 or more units.

17.42.050 - Alternatives to Units within Project

As an alternative to developing required inclusionary units within an affected residential project in compliance with Section 17.42.040 (Inclusionary Unit Requirement), the requirements of this Chapter may be satisfied through one or more of the following alternatives, in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A).

1. In lieu fee. The developer may choose to pay a fee in lieu of providing all or some of the inclusionary units, as follows.
   1. Amount of fee. The amount of the fee shall be as required by the Council's Fee Resolution.
   2. Special adjustment for first 12 months. For 12 months from the effective date of this Chapter, the fee shall be 40 percent of that required by the Council's Fee Resolution.
   3. Timing of payment. One-half of the in-lieu fee required by this Subsection shall be paid (or a letter of credit posted) before issuance of a Building Permit for any part of the residential project. The remainder of the fee shall be paid before a Certificate of Occupancy is issued for any unit in the project.
   4. Housing Trust Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Trust Fund.
2. Off-site units. Upon application by the developer and at the discretion of the City Manager or the Assistant City Manager, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part, by constructing or substantially rehabilitating the required number of units on a site other than that of the affected residential project.

3. Land donation. Upon application by the developer and at the discretion of the City Manager or the Assistant City Manager, the developer may satisfy the project inclusionary unit requirements, in whole or in part, by dedicating land to the City for the construction of the inclusionary units.

4. On-site inclusionary units required when very low, low, and/or moderate income households are displaced.  Any other provision of this chapter, notwithstanding, any project subject to this chapter which results in the displacement of very low, low, and/or moderate income household(s) shall be required to provide on-site inclusionary units as required by this chapter.

17.42.060 - Housing Plan and Housing Agreement Required

1. Submittal and execution. The developer shall comply with the following requirements at the times and in compliance with the standards and procedures in the City's regulations for the implementation of this Chapter (see Section 17.42.020.A).
   1. Housing Plan. The developer shall submit an Inclusionary Housing Plan for approval by the City Manager or the Assistant City Manager detailing how the provisions of this Chapter will be implemented for the proposed project.
   2. Housing Agreement. The developer shall execute and cause to be recorded an Inclusionary Housing Agreement, unless the developer is complying with this Chapter as provided in Sections 17.42.050.A. (In lieu fee) or C. (Land donation).
2. Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this Chapter until the developer has submitted an Inclusionary Housing Plan.
3. Issuance of Building Permit. No Building Permit shall be issued for a residential project subject to this Chapter unless the City Manager or the Assistant City Manager has approved the Inclusionary Housing Plan, and any required Inclusionary Housing Agreement has been recorded.
4. Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a residential project subject to this Chapter unless the approved Inclusionary Housing Plan has been fully implemented.

17.42.070 - Standards

1. Location within project, relationship to non-inclusionary units. All inclusionary units shall be:
   1. Reasonably dispersed throughout the residential project;
   2. Proportional, in number, bedroom size, and location, to the market rate units; and
   3. Comparable with the market rate units in terms of the appearance, base design, materials, and finished quality.
2. Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, the required inclusionary units shall be provided within each phase of the residential project.
3. Time limit for reserving units. All required inclusionary units shall be reserved for low and moderate-income households at the applicable affordable housing cost for the following minimum time periods.
   1. Units for sale - 45 years. A unit for sale shall be reserved for the target income level group at the applicable affordable housing cost for a minimum of 45 years.
   2. Rental units - Reserved in perpetuity. A rental unit shall remain reserved for the target income level group at the applicable affordable housing cost in perpetuity.
4. Recapture of financial interest. Notwithstanding Subsection C. 1., above, inclusionary units for sale may be sold to an above-moderate-income purchaser in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A); provided that the sale shall result in a recapture by the City, or its designee, of a financial interest in the unit equal to:
   1. Difference between price and value. The difference between the initial affordable sales price and the appraised value at the time of the initial sale; and
   2. Proportionate share of appreciation. A proportionate share of any appreciation.

5. Preference and priority system. The preference and priority system set forth in the City’s Inclusionary Housing Regulations shall be used for determining eligibility among prospective beneficiaries for inclusionary units created through this Chapter. 
    

17.42.080 - Enforcement

1. Forfeiture of funds. Any individual who sells or rents an inclusionary unit in violation of this Chapter shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund.
2. Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Chapter, including actions:
   1. To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and
   2. For injunctive relief or damages.
3. Recovery of costs. In any action to enforce this Chapter, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs.

17.42.090 - Takings Determination

1. Determination of a taking of property without just compensation.
   1. Initiated by request from developer. Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the City Manager or the Assistant City Manager, in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A), and within 15 days thereafter, a developer may request a determination that the requirements of this Chapter, taken together with the inclusionary incentives as applied to the residential project, would legally constitute a taking of property of the residential project without just compensation under the California or Federal Constitutions.
   2. Burden on developer. The developer has the burden of providing economic information and other evidence necessary to establish that application of the provisions of this Chapter to the project would constitute a taking of the property of the proposed project without just compensation.

   3. City Manager or the Assistant City Manager's determination subject to appeal. City Manager or the Assistant City Manager shall make the determination, which may be appealed in compliance with Chapter 17.72 (Appeals) except that the Council shall serve as the applicable review authority.

2. Presumption of facts. In making the taking recommendation or determination, the review authority shall presume each of the following facts:
   1. Application of requirements. Application of the inclusionary housing requirement to the residential project;
   2. Incentives. Application of the inclusionary incentives;
   3. Product type. Utilization of the most cost-efficient product type for the inclusionary units; and
   4. External funding. External funding where reasonably likely to occur.
3. Modifications to reduce obligations. If it is determined that the application of the provisions of this Chapter would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined no taking would occur though application of this Chapter to the residential project, the requirements of this Chapter remain applicable.

17.42.100 - Inclusionary Housing Trust Fund

There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Trust Fund. All monies collected in compliance with Subsections 17.42.050.A (In lieu fee), 17.42.080.D (Recapture of financial interest), or 17.42.090 (Enforcement), above, shall be deposited in the Inclusionary Housing Trust Fund.

17.42.110 - Administrative Fees

The Council may by resolution establish reasonable fees and deposits for the administration of this Chapter.

17.42.120 - Appeal

Within 15 calendar days after the date of the City Manager or the Assistant City Manager's decision, an appeal may be filed in compliance with Chapter 17.72 (Appeals and Calls for Review).

Chapter 17.43 - Density Bonus, Waivers and Incentives

Sections:

17.43.010 - Purpose of Chapter

This Chapter establishes procedures to implement the State’s Density Bonus law as set forth in Government Code Section 65915.  The incentives in this Section are used by the City as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

17.43.020 - Applicability

The provisions of this Section apply only to multi-family residential and mixed-use development projects consisting of five or more dwelling units not including units granted as a density bonus.

17.43.030 - Definitions

All of the terms used in this Chapter are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under the term "Affordable Housing Definitions."

17.43.040 - Density Bonus Allowance

1. Density bonus requirement.  A request for a density bonus shall not require any discretionary approval by the City. A request for a density bonus pursuant to this Chapter shall only be granted if an applicant seeks and agrees to construct one of the following: 

    

   1. At least 5 percent of the units are dedicated to very low-income households;
   2. At least 10 percent of the units are dedicated to low-income and very low-income households;

   3. At least 10 percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

   4. At least 35 dwelling units are available exclusively to persons aged 55 and older and to those residing with them.

2. Density bonus of up to 35 percent.  In calculating the number of units required for very low, low, and moderate-income households, the density bonus units shall not be included.

    

   1. The density bonus for very low-income units shall be calculated as follows (See Interpretation)

Table 4-3 - Increase in Allowable Density for Very Low-Income Units

2. The density bonus for low-income units shall be calculated as follows.

Table 4-3.1 - Increase in Allowable Density for Low-Income Units

3. The density bonus for moderate-income ownership units shall be calculated as follows.

Table 4-3.2 - Increase in Allowable Density for Moderate-Income Ownership Units

4. The density bonus for a project for persons aged 55 and older, and those residing with them, shall be 20 percent.

3. Density bonus of up to 50 percent in Central District. Projects in Central District subdistricts CD-1,  CD-2, CD-3, and CD-4 may be granted a density bonus of up to 50 percent above the maximum density, according to the following formula: for each additional percentage point of very low income units above 11 percent, a bonus of 2.5 percent may be granted, for each additional percentage point of low-income units above 20 percent, a bonus of 1.5 percent may be granted, and for each percentage point of moderate-income units above 40 percent, a bonus of one percent may be granted. A Conditional Use Permit (Section 17.61.050) shall be required for any density bonus exceeding 35 percent. 

4. Bonuses not combined.  The bonuses that are available under this section shall not be combined.

  17.43.050 - Concessions and Other Incentives

1. Concessions and other incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows. (See Interpretation)

1. One concession or other incentive for projects that include at least 5 percent of the units for very low-income households, 10 percent of the units for low-income households, or 10 percent of the units for moderate-income households when the units are available for sale to the public.

2. Two concessions or other incentives for projects that include at least 10 percent of the units for very low-income households, 20 percent of the units for low-income households, or 20 percent of the units for moderate-income households when the units are available for sale to the public.

3. Three concessions or other incentives for projects that include at least 15 percent of the units for very low-income households, 30 percent of the units for low-income households, or 30 percent of the units for moderate-income households when the units are available for sale to the public.

4. Affordable Housing Concession Permit.  An applicant may submit an application for an Affordable Housing Concession Permit, for approval of a request for the concessions and other incentives.

2. Application requirements.  An applicant for an Affordable Housing Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing).  The application shall be accompanied by the information identified in the Department handout for the Affordable Housing Concession application, including the specific economic information described in the handout.
3. Procedure.  The procedure for an Affordable Housing Concession Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3) Affordable Housing Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

1. Approve the concession and/or other incentive described in application for the Affordable Housing Concession Permit.

2. Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.
3. Approve one or more concession and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentives is described in the application for the Affordable Housing Concession Permit.

4. Findings.  A concession or other incentive shall be approved upon making the following findings.

1. The concession or incentive is required in order for the designated units to be affordable.

2.  The concession or incentive 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, and for which there is no feasible method to satisfactorily mitigated or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.  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.

17.43.060 – Waiver of Development Standards

1. Waiver of Development Standards. If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and concession or incentive, in compliance with this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard.
2. Application requirements.  An application for a Waiver of a Development Standards Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Waiver of Development Standards Permit application, including the specific economic information described in the handout. 
3. Procedure.   The procedure for a Waiver of Development Standards Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3).  A Waiver of Development Standards Permit may be granted with approval by the Hearing Officer.  The Hearing Officer may:

1. Approve the waiver and/or reduction of development standard; or

2. Deny the waiver and/or reduction in development standard; or

3. Approve one or more waivers and/or reductions and deny one or more other waivers and/or reductions, if more than one waiver or reduction is described in the application.

4. Findings.  A Waiver of Development Standards Permit shall be approved upon making the following findings.

1. 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;

2. 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, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households; and
3. 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 incentive.

17.43.070 – Floor Area Bonus and Concessions for Child Day-Care Center

1. Floor area bonus or concession for inclusion of child day-care facility. An application for a development project that complies with the density bonus requirement of this section and that also includes a child day-care center that will be located on the premises of, as part of, or adjacent to, the project may request one additional bonus or concession as follows.

    

   1. Additional net floor area for housing units that is equal to or greater than the net floor area in the child day-care center.

   2. A concession that contributes significantly to the economic feasibility of the construction of the child day-care center, in addition to a concession granted for designated dwelling unit.

2. Application requirements.   An application for a Child Day-Care Bonus or Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for a Child Day-Care Bonus or Concession Permit application, including the specific economic information described in the handout.

3. Procedure.  The procedure for a Child Day-Care Bonus or Concession Permit shall same as for a Minor Variance (Section 17.61.080.C.3) Child Day-Care Bonus or Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

    

   1. Approve the bonus or concession described in the application for the Child Day-Care Bonus or Concession Permit, if the findings below are made.

   2. Deny the bonus or incentive described in the application for the Child Day-Care Bonus or Concession Permit, if the necessary findings cannot be made.

4. Findings. A child day-care bonus or concession shall be approved upon making the following findings.

    

   1. The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center.

   2. 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, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. 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.

5. Conditions of Approval. The child day-care center shall comply with conditions of approval as follows.

    

   1. The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable.

   2. Of the children who attend the child day-care center, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or low-income households or families of moderate income.

 17.43.080 - Bonus for Donation of Land

1. Bonus for Donation of Land.  An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the City shall be entitled to a bonus in residential density for the entire development above the density allowable under this Title and the Land use Element of the General Plan.

2. Requirements for Bonus.  A bonus for the donation of land shall meet the following requirements. 

1. The applicant shall 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.

2. The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 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.  The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.  No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low income housing units on the transferred land.

4. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 17.43.100 (Enforcement of Affordability).

5. The land shall be transferred to the City of Pasadena or to a housing developer approved by the City of Pasadena.

6. The transferred land shall be within the boundary of the proposed development or, with approval of the Director, within one-quarter mile of the boundary of the proposed development.

7. A bonus shall 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.

3. Density bonus of up to 35 percent.  The density bonus for donation of land for very low-income units shall be calculated as follows.

Table 4-3.3 - Increase in Allowable Density for Donation

of Land For Very-Low Units

4. Bonuses may be combined.  A bonus for the donation of land may be combined with a bonus granted under Section 17.43.040.

17.43.090 - Alternative Parking Standards

1. An applicant may request the following alternative parking requirements.

2. If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number.  A development may provide on-site parking through tandem parking or uncovered parking on the project site.

17.43.100 – Enforcement of Affordability

1. Low and very low income: covenant for 30 years.  A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the low and very low income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least 30 years.  If a density bonus unit is also being used to satisfy the requirements of Chapter 17.42, the longer term of affordability shall apply. 

2. Moderate income: recapture of financial interest.  A covenant or other document satisfactory to the City Attorney shall be recorded before issuance of a building permit, which shall ensure that the moderate income density bonus units are initially occupied by persons or families at a moderate income level.  Moderate income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the City, or its designee, of a financial interest in the unit equal to:

1. Difference between price and value.  The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

2. Proportionate share of appreciation.  A proportionate share of any appreciation.

3. Forfeiture of funds.  Any individual who rents a unit in violation of this Chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this Chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price.  Recovered funds shall be deposited in to the Inclusionary Housing Trust Fund.

17.43.110 – Administrative Procedures

The City Manager or her/his designee may adopt administrative procedures for implementation of this Chapter.

Chapter 17.44 - Landscaping

Sections:

17.44.010 - Purpose of Chapter

In addition to the general purposes identified in Chapter 17.10 (Enactment and Applicability of Zoning Code), the specific purposes of this Chapter are to:

1. Provide general landscape requirements common to various zoning districts;
2. Encourage quality landscape designs;
3. Enhance the appearance of all development by requiring the design, installation, and proper maintenance of landscaping and by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;
4. Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., large specimen plants) are retained;
5. Protect public health, safety, and welfare by minimizing the impact of various forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety;
6. Encourage the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and
7. Ensure the protection of landmark, native, and specimen trees to the extent specified in Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

17.44.020 - Applicability

1. Landscaping required. All projects shall provide and maintain landscaping in compliance with the provisions of this Chapter.
2. Landscaping plans subject to review.
   1. Submittal of plans required. Final landscape and irrigation plan, and plans for the ornamental use of water, including fountains and ponds, shall be submitted to the Zoning Administrator for review for compliance with the requirements of this Chapter.
   2. Approval by Zoning Administrator required. The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the Zoning Administrator and any applicable permits have been issued.
   3. Changes to final plans. Changes to the approved final landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.
3. No construction resulting in injury or removal of trees. No construction shall be allowed that results in the injury or removal of a landmark, native, or specimen tree, as those terms are defined in Chapter 8.52, unless the appropriate findings are made in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

17.44.030 - Preliminary Landscape Plan

1. Plan required.
   1. A preliminary landscape plan shall be submitted as part of an application for a land use entitlement.
   2. Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code before issuance of a Building Permit.
2. Intent of preliminary landscape plan.
   1. The preliminary landscape plan shall meet the purpose of this Chapter by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, theme, and similar attributes
   2. The preliminary landscape plan shall provide the Zoning Administrator with a clear understanding of the landscaping program before preparation of the detailed final landscape and irrigation plan.
   3. The preliminary landscape plan shall meet the intent of Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.
3. Landscape architect required. Preliminary landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.
4. Waiver of requirements. The Zoning Administrator may waive the requirement for a preliminary landscape plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.

17.44.040 - Final Landscape and Irrigation Plan

This Section provides standards for preparation and submittal of the final landscape and irrigation plan.

1. Submittal of plan.
   1. A final landscape and irrigation plan (e.g., construction documents) for on-site landscaping shall be submitted following approval of the land use entitlement application by the Zoning Administrator.
   2. Where no entitlement is required, the final landscape and irrigation plan shall be submitted to the Zoning Administrator in order to fulfill any landscape requirement identified by this Zoning Code, before issuance of a Building Permit.
2. Waiver of plan requirements. The Zoning Administrator may waive the requirement for the preparation and submittal of a final landscape and irrigation plan for building additions and remodelings where no, or only minor, alterations to the existing landscape or topography are proposed.
3. Landscape architect required. Final landscape and irrigation plans shall be prepared by a California-registered landscape architect, or the architect that designed the on-site structures and improvements.
4. Landscape plan contents. The landscape plan shall be drawn on project base sheets, be fully dimensioned, and include all of the information identified in Subsection 17.44.050.B (Landscape design plan) below.
5. Irrigation plan contents. A fully dimensioned irrigation plan shall be drawn on project base sheets separate from the landscape design plan. The scale and format shall be the same as the landscape design plan. The irrigation design plan shall include all of the information identified in Subsection 17.44.050.C (Irrigation design plan) below.

17.44.050 - Landscape Documentation Package

1. Applicability. A landscape documentation package conforming to the requirements of this Section shall be submitted for review and approval by the Zoning Administrator for all projects subject to the requirements of this Chapter.
2. Landscape design plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.
   1. Plant selection and grouping. Any plants may be used in the landscape, providing the plants meet the requirements below.
      1. Plants having similar water use shall be grouped together in distinct hydrozones.
      2. Plants shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site.
      3. Existing trees shall be preserved in compliance with Section 17.44.090 (Tree Retention).
   2. Content of plans. Landscape plans shall include all of the necessary information as determined by the Zoning Administrator. At a minimum, the plans shall include the following:
      1. Plant name;
      2. Plant quantity;
      3. Plant size;
      4. Irrigation system; and
      5. Plans for tree retention and removal.
   3. Water features. Only recirculating water shall be used for decorative water features.
3. Irrigation design plan. An irrigation design plan meeting the following requirements shall be submitted as part of the landscape documentation package.
   1. Irrigation design criteria.
      1. Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules shall be used to closely match application rates to infiltration rates in order to minimize runoff.
      2. Special attention required. Special attention shall be given to avoid runoff on slopes and to avoid overspray in landscaped areas with a width of less than 10 feet.
      3. Irrigation efficiency. For the purpose of determining the maximum water allowance, irrigation efficiency is presumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency.
   2. Equipment.
      1. Water meters. Separate landscape water meters shall be installed for any project with a landscaped area greater than 5,000 square feet.
      2. Automatic controllers. Automatic control systems shall be required for all irrigation systems and shall be able to accommodate all aspects of the design.
      3. Drip irrigation. The use of drip irrigation shall be considered whenever appropriate.
      4. Plant groupings. Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed at strategic points to prevent low-head drainage.
      5. Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.
      6. Rain-sensing devices. Rain sensing override devices shall be required for any project with a landscaped area greater than 10,000 square feet.
      7. Moisture-sensing devices. Soil moisture sensing devices shall be required for any project with a landscaped area greater than 10,000 square feet.
4. Precise grading plan. When required by the Director, a precise grading plan satisfying the following conditions shall be submitted as part of the landscape documentation package.
   1. A precise grading plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan; and
   2. The precise grading plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finished grade.

17.44.060 - Landscape Location Requirements

Landscaping shall be provided as specified in this Section.

1. Residential projects. Each residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.  
   1. New single-family projects.
      1. A final landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.
      2. The landscape plan shall contain the specimen or common names of plants, sizes, locations on the site, and the number of each variety being used.
      3. The landscape plan shall include the front and any corner side setback areas.
      4. All landscape planting areas shall be provided with a permanent underground irrigation system.
   2. Multi-family projects.
      1. For City of Gardens and Urban Housing projects, a preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.
      2. For City of Gardens projects, the landscape plan shall comply with the applicable requirements identified in Section 17.22.060 (RM District General Development Standards).
2. Nonresidential projects. The total area of each nonresidential project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this Chapter.
   1. A preliminary landscape plan shall be submitted for review and approval by the Zoning Administrator before a Building Permit is issued.
   2. The landscape plan shall include all uncovered areas.
   3. All landscape planting areas shall be provided with a permanent underground irrigation system.
3. All setback areas shall be landscaped.
   1. Landscaping of setbacks. All setback and open space areas required by this Zoning Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Section.
   2. Modification by Design Commission. The Design Commission may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Design Commission finds that the project provides:
      1. For outdoor dining activities, special paving, or other examples of exceptional architectural quality in the project's design;
      2. A higher overall quality of landscape design than would normally be expected for a similar development project; and
      3. A superior landscape maintenance plan.
4. All unused areas shall be landscaped.
   1. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Zoning Administrator that landscaping is not necessary to fulfill the purposes of this Chapter. This requirement does not apply to the side or rear yard of a single-family residence.
   2. The Zoning Administrator shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan.
5. Parking areas. Parking areas shall be landscaped in compliance with Chapter 17.46 (Parking and Loading).

17.44.070 - Landscape Standards

Landscape areas and materials for commercial, industrial, hillside, and multi-family projects shall be designed, installed, and properly maintained in compliance with the following. This Section shall not apply to the RS and RM-12 zoning districts.

1. General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.
   1. Integral part of project design. Landscaping shall be planned as an integral part of the overall project design and not simply be located in excess space after parking areas and structures have been planned.
   2. Consideration for access. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.
   3. Minimum width. Landscaped areas shall not be less than five feet in width.
   4. Concrete curb. For nonresidential projects, landscaping adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch high and six-inch wide concrete curb or other suitable type of barrier as approved by the Zoning Administrator.
2. Plant materials. Plant materials shall be selected and installed to comply with the following requirements:
   1. Mix of materials. An appropriate mix of plant sizes and materials shall be provided.
   2. Drought tolerant species. Plant materials shall emphasize drought-tolerant and/or native species.
   3. Tree requirements. Trees shall be planted in areas of public view. The clustering of trees is encouraged.
      1. Size at planting. Mature specimen trees (e.g., 24-, 36-, and 48-inch box) shall be provided to ensure variety and emphasis at main focal areas.
      2. Staking. All trees shall be staked or guyed (on a case-by-case basis) subject to the approval of the Zoning Administrator.
   4. Performance standards. The trees and shrubs shall be carefully selected and properly planted and maintained so that they:
      1. Do not interfere with service lines and traffic safety sight areas;
      2. Protect the basic rights of adjacent property owners, particularly the right to solar access; and
      3. Prevent physical damage to the adjoining public improvements.
   5. Ground cover. Ground cover shall be of live plant material. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover.
   6. Accommodating existing trees. The Zoning Administrator may modify the requirements within this Subsection in order to accommodate existing trees located on-site or within the public rights-of-way.
3. Standards for the City of Gardens. For projects utilizing multi-family residential development standards in compliance with Section 17.22.060 (RM District General Development Standards).
   1. Preferred ground covers. Preferred ground covers in the main garden and the front setback areas are ones that can be walked on and that utilize water-conserving plant materials.
   2. Design of landscaped areas.
      1. Landscaped areas and plant replacement shall be ordered and formal rather than random and scattered.
      2. Trees and shrubs shall be massed in groups creating containment of the garden space.
   3. Turf standards.
      1. Turf shall be limited to a maximum of 20 percent of the total landscaped area.
      2. Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five feet in width, sidewalk strips, slopes, etc.)
      3. The main garden is the appropriate location for turf.
      4. Low-water usage turf or warm‑season turf is recommended.
      5. Flowering ornamentals that are not drought tolerant shall be included in the calculations for the turf area limitations.
   4. Water elements. The incorporation of fountains, pools, and other water elements into the main garden is encouraged as are other decorative elements (e.g., tile and iron work). Water elements shall be designed to conserve water.
   5. Planting of trees in front setback.
      1. Substantial trees (24-inch box or larger) are strongly encouraged in front setback areas of 2,000 square feet or more.
      2. In cases where the front setback is located over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided.
      3. The minimum tree size at planting shall be 15 gallons.
4. Standards for Urban Housing. For projects using the Urban Housing standards of in compliance with Section 17.50.350 (Urban Housing).
   1. Landscaping shall be a combination of trees, shrubs, groundcover and turf.
   2. All areas not devoted to building coverage, walkways, or driveways shall be landscaped.
5. Commercial and industrial zoning districts.
   1. Landscaping of setback areas. At least 50 percent of each front and/or corner side setback area shall be landscaped in compliance with this Chapter.
   2. Preliminary landscape plan required. A preliminary landscape plan, prepared in compliance with Section 17.44.030, above, for all required setback areas shall be submitted to the Zoning Administrator for approval before the issuance of the required Building Permit.
   3. Requirements may be modified. The landscaping requirements of this Subparagraph may be modified by the Design Commission in compliance with Subparagraph 17.44.060.C.2 (Modification by Design Commission), above.
6. Additional standards for development projects within the HD overlay district.
   1. Landscape plan required. Each project that requires a Building Permit or land use permit shall also require the approval of a landscape plan by the Zoning Administrator and the Fire Chief.
      1. Plan content. The plan shall include all information required by the Department, shall be designed to ensure slope stability, fire safety and design quality, and shall also include a tree removal and retention plan with the following information.

         (1) Identification of the extent of vegetation removal required for site preparation and development; and

         (2) The location and species of individual trees of four‑inch caliper or more. Maximum effort should be exercised to retain existing trees in place. All trees identified on the City's Protected Tree Inventory shall be shown.

      2. Tree removal and replacement. For each native tree or shrub larger than four‑inch caliper that is removed, a 15‑gallon replacement tree shall be planted on the site. For trees in excess of eight‑inch caliper, the replacement tree shall be 24‑inch box or larger, or a combination of sizes to be approved by the Zoning Administrator. The use of native oaks is encouraged. In addition to these requirements, all requirements of the City's Tree Protection Ordinance and Chapter 17.44 (Landscaping) shall be met.
      3. Waiver of plan. The Zoning Administrator may waive the landscape plan requirement for additions and remodeling where no or only minor alterations to the existing landscape or topography are proposed.
      4. Effect of approved plan. All landscaping shall be planted and maintained in compliance with the approved plan and Chapter 17.44 (Landscaping).
   2. Plant materials and location. Landscaping shall emphasize the use and management of native plants. Care should be taken in plant selection and maintenance to avoid plants of high flammability either due to their intrinsic quality or the cumulative effect of dense planting near structures.
      1. All landscaping shall be of low-fuel volume plant material. The plant selection shall also emphasize the use of drought-tolerant species consistent with the safety requirement and approved by the Fire Chief.
      2. All native groundcover and shrub materials to be planted within 30 feet of all structures shall be low-profile evergreen plants.
      3. Trees and nonnative evergreen shrubs shall not be located within 10 feet of chimneys and should not otherwise present unusual fire hazards. The use of invasive plant species shall be discouraged.

         The plant palette for landscaping the perimeter of a site shall blend as much as possible with the natural plant palette consistent with safety requirements. A list of suggested plant materials shall be kept on file by the Zoning Administrator and shall be available for inspection by the public.

      4. Landscaping shall be designed to screen the view of downslope building elevations. The landscape plan for the residential dwelling shall specifically consider the downslope elevation and demonstrate that portions of elevations below the bottommost floor are screened from view. Downslope elevations visible from any adjacent property or public right‑of‑way shall be landscaped with a selection of shrubs and trees that screen the downslope portion from view to the satisfaction of the Zoning Administrator and in compliance with Chapter 17.44 (Landscaping).
      5. Trees shall be planted so that existing views from surrounding properties are preserved.
7. Statement of surety. When required by the Zoning Administrator for the issuance of a temporary Certificate of Occupancy, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City.

17.44.080 - Maintenance of Landscaping

1. Maintenance required.
   1. Where a landscape plan is required, all installed landscaping shall be permanently maintained in compliance with this Section.
   2. Once installed, no landscaping shall be removed unless it is replaced with landscaping of a similar design, character, and coverage at maturity.
   3. Once installed, no landscaping shall be allowed to die; replacement shall occur in a timely manner.
2. Maintenance defined. Maintenance shall consist of regular fertilizing, clearing of debris and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf.

17.44.090 - Tree Retention

1. Maximum effort to retain trees. Where healthy trees exist on a site, maximum effort shall be given for their retention.
2. Compliance with Chapter 8.52. All existing trees shall be protected during construction in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.
3. Minimum retention requirements. To ensure that the tree retention is successful, the following requirements shall be met:
   1. All grading around existing trees shall be done by hand.
   2. Cutting through woody roots shall not be allowed.
   3. All foundations shall step over major roots.
   4. No difference in grade shall be allowed at the base of the trees.

17.44.100 - Street Trees

1. Street tree requirement. Street trees are required whenever new structures are constructed on vacant lots within the City. The selected street trees shall be of the species required by the City's Street Tree Plan.
2. Location requirements. Street trees shall be located in compliance with the requirements of the Department of Public Works.
3. Street tree retention or removal.
   1. Removal of street trees. Street trees shall not be removed without first obtaining permission from the Department of Public Works.
   2. Reshaping of driveway preferable. The reshaping of driveways to avoid or accommodate street trees is preferable.
   3. Modification of driveway location. The Director may allow modification of the driveway location in order to preserve an existing street tree.
   4. Consistent with prevailing street pattern. When removal is absolutely necessary, trees shall be replaced in a manner consistent with the prevailing pattern on the street, as determined by the Department of Public Works.
4. Requirements for new developments.
   1. One 24-inch box tree required. Any new development shall be required to provide a minimum of one 24‑inch box tree planted in the parkway, or in the sidewalk area where there is no parkway, at the same spacing as existing trees or at 20‑foot intervals if there are no existing trees, unless the City's Street Tree Plan specifies a different spacing requirement. The actual number of trees shall be determined by the Director of Public Works.
   2. Tree species. The tree species shall be the same as the most prevalent tree type on the block unless the City's Street Tree Plan specifies a different species.
   3. Removal of healthy mature trees prohibited. Mature healthy street trees shall not be removed unless the removal is ordered by the Director of Public Works in compliance with Chapter 8.52 (City Trees and Tree Protection Ordinance) of the Municipal Code.

Chapter 17.46 - Parking and Loading

Sections:

17.46.010 - Purpose of Chapter

In addition to the general purposes listed in Chapter 17.10 (Enactment and Applicability of Zoning Code), the purpose of the off‑street parking and loading regulations are to:

1. Progressively alleviate or prevent traffic congestion and shortages of curbside parking spaces;
2. Ensure that adequate off‑street parking and loading facilities are provided for new land uses in proportion to the need for the facilities created by each use and in compliance with any applicable design guidelines;
3. Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites;
4. Ensure that off‑street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts; and
5. In multi-family projects subject to Section 17.22.080 (RM District Garden Requirements) to:
   1. Minimize the visibility of parking from streets and dwellings and give prominence to main gardens within projects;
   2. Minimize and conceal negative aspects (e.g., large areas of paving, long unembellished walls, and visibility of ventilation grilles and garage doors); and
   3. Encourage easy access from the parking lot, through the main garden, to the individual dwelling units.

17.46.020 - Basic Requirements for Off‑Street Parking and Loading

1. Applicability. Every use, including a change or expansion of a use or structure, shall have appropriately maintained off-street parking and loading spaces or areas in compliance with the regulations identified in this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed.
2. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked, and properly maintained for parking or loading purposes for the use they are intended to serve.
3. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be maintained free of dust, graffiti, and litter; and striping, paving, walls, light standards, and all other facilities shall be maintained in good condition.
4. Vehicles for sale. Vehicles or trailers shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle or trailer for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location, and the vendor has obtained all of the appropriate land use approvals.
5. When required. At the time of initial occupancy of a site, construction of a new structure, enlargement of a site or structure, a change to a use classification that requires a greater parking requirement, off‑street parking facilities shall be provided in compliance with this Chapter.
6. Nonconforming parking or loading. An existing use of land shall not be deemed to be a nonconforming use simply because of the lack of off-street parking or loading facilities required by this Chapter. However, a structure with nonconforming parking that increases the number of parking or loading spaces shall not thereafter reduce that number of spaces unless the number of spaces after the reduction complies with the minimum requirements of this Chapter.
7. Spaces required for enlargement.
   1. The number of off-street parking or loading spaces required for an enlargement of an existing use or structure shall be in addition to the number of spaces existing before the enlargement unless the preexisting number is greater than or equal to the number required by this Chapter, in which case the number of spaces in excess of the identified minimum shall be counted in determining the required number of spaces.
   2. The required number of parking spaces for that portion of a structure existing before the enlargement shall not be increased as a result of the enlargement unless a new use with a greater parking ratio than the previous use is proposed.
8. Spaces required for multiple uses. If more than one use is located on a site, including multiple uses under single ownership, the number of off‑street parking and loading spaces to be provided shall be equal to the sum of the requirements identified for each individual use, unless shared parking arrangements are approved by the Zoning Administrator in compliance with Section 17.46.050 (Shared Parking), below.
9. Location and ownership.
   1. Parking location for residential uses within residential zoning districts. Except as otherwise provided in this Chapter, all off-street parking in residential zoning districts required to serve a residential use shall be located on the same site as the use served but shall not be located within a required front or corner side setback, except as allowed by this Chapter (e.g., subterranean parking).
   2. Parking location for residential uses within commercial and CD zoning districts.
      1. New residential or mixed-use development projects.

         (1) At least one space for each unit shall be located on-site so that tenants can park near their unit.

         (2) All other required parking spaces may be located off-site if the location is in compliance with the distance requirements identified in Table 4-4 (Maximum Distances for Off‑Site Parking) below for customer/visitor spaces, and there is a long-term parking lease agreement in compliance with Subparagraphs 4., 5., and 6.,below.

      2. Converted residential or mixed-use development projects. All required parking spaces may be located off-site if the location is in compliance with the distance requirements identified in Table 4-4 (Maximum Distances for Off‑Site Parking), below, for customer/visitor spaces, and there is a long-term parking lease agreement in compliance with Subparagraphs 4., 5., and 6.,below.
   3. Parking for nonresidential uses. In any zoning district, parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served, provided the parking shall be within the maximum distances identified in Table 4-4 (Maximum Distances for Off‑Site Parking) of the use served measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route.
   4. Lease agreement required. Required nonresidential parking may be located off‑site from the use which it serves, subject to the approval of the Zoning Administrator of a lease agreement providing that the off‑site parking shall be available when the use commences and continuing so long as the use is in effect.
   5. Notification of pending termination of lease required. The lease shall contain a provision requiring that the Zoning Administrator be notified in writing at least 30 days before termination of the lease.
   6. Recorded lease required. A Certificate of Occupancy for the use shall not be issued until the lease has been recorded with the County Recorder and a copy filed with the Zoning Administrator.
   7. 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 shall be recorded that ties the lot providing the parking to the lot where the use requiring the parking is located.

      Table 4-4 — Maximum Distances for Off-Site Parking

      Zoning District	Customer/Visitor Spaces	Employee Spaces
      CD zoning districts	1,000 feet	1,500 feet
      All other zoning districts	500 feet	1,000 feet

   8. Customer/visitor parking. Customer/visitor parking as a percentage of total parking spaces shall be in compliance with Table 4-5.

      Table 4-5 — Customer/Visitor Parking as a Percentage of Total Spaces

      Type of Use	Percentage of Customer Parking
      Hotel, motel, and bed and breakfast accommodations.	90
      Manufacturing, distribution and wholesaling (nonretail).	10
      Offices other than public, medical, banks and savings and loans, other financial services.	15
      All other nonresidential.	80

10. Small residential additions exempt from two-car covered parking requirement. Small additions (with a maximum aggregate total of 150 square feet) may be made to existing residences without requiring the two-car covered parking requirement of Section 17.46.040 (Number of Off-Street Parking and Loading Spaces Required) below. However, any addition to an existing residence, including the construction of an accessory structure (e.g., a pool house or workshop) of over 150 square feet shall require the construction of a two-car covered parking structure. (See Interpretation)
11. Location requirements for multi-family projects. A project that is subject to the multi-family development standards of Section 17.22.060 (RM District General Development Standards) or 17.50.350 (Urban Housing) shall comply with the following parking location standards.
    1. Parking at grade. Parking at grade shall be located in the rear 40 percent of the site.
       1. Through the Design Review process, at grade parking may be located beyond the rear 40 percent of the site but shall not be located within the front yard setback.
       2. If the project contains affordable housing in conjunction with a density bonus in compliance with Chapter 17.43 (Density Bonus), then approval shall be through the Concessions and other Incentives process (17.43.050).
       3. On double frontage lots, no parking shall be located in the front 30 percent of the site along each street frontage.
       4. On corner lots, the narrowest street frontage shall be used in determining the rear 40 percent of the site. In no case shall surface parking or parking with dwelling unit over be located in any required front or side setback.
       5. The parking area shall not be visible from the main garden, and it shall be screened from the street or at grade from an adjacent lot by building walls, or freestanding walls, or landscaped elements at least six feet in height.
       6. The parking area shall be screened from these areas by building volume or by a wall at least six feet in height.
    2. Tuck under parking. Tuck under parking is unenclosed parking located below the unit where parking is accessed from an open parking drive, at grade or below.  Tuck under parking shall be restricted to the rear 40 percent of the site and openings to the parking spaces shall not be visible from the street or from an adjacent property.
    3. Detached dwelling units. A detached single‑family dwelling unit located in the front 60 percent of the site may incorporate parking; provided, the:
       1. Parking is provided within the building envelope and not in a separate structure.
       2. Parking is limited to two spaces and is for the exclusive use of the residents of the dwelling and not for residents of other portions of the project.
       3. Parking is fully enclosed and screened by opaque garage doors.
       4. Garage doors do not face the street.
       5. Widening or branching of the main drive to accommodate maneuvering shall be screened from the street by building volume.
    4. Podium parking. Podium parking shall be located in the rear 40 percent of the site. Ventilation openings and grilles shall be concealed and shall not be visible from the main garden, from the street, or from the entrances to the units in compliance with Section 17.46.190 (Garage Door and Grille Standards for Projects Utilizing Multi-Family Development Standards), below.
    5. Partial subterranean parking.
       1. Partially subterranean parking shall be located within the site boundary and shall provide a minimum setback of five feet in the side and rear property lines, and may extend up to the front property line.
       2. At the front, side, and rear yard setbacks, the parking structure may extend an additional five feet, provided it is configured so that the additional portions meet the same criteria as for fully subterranean parking.
       3. Planting and tree wells shall be provided as specified by the planting and paving standards in Chapter 17.44 (Landscaping).
       4. Ventilation openings and grilles shall be concealed and shall not be visible from the street.
    6. Subterranean parking.
       1. Fully subterranean parking shall be located within the site boundary and may extend to all property lines.
       2. A fully subterranean structure not covered by building volume shall be covered by soil with a minimum depth of two feet, recreating the natural grade before construction.
       3. Planting and tree wells shall be provided as specified by the planting and paving standards in Chapter 17.44 (Landscaping).
       4. Ventilation openings and grilles shall be concealed and shall not be visible from the street.
12. Shopping cart storage. Parking facilities for commercial uses shall contain shopping cart storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number, dimensions, and locations of storage areas shall be determined by the Zoning Administrator.
13. Valet parking. A Minor Conditional Use Permit, granted in compliance with Section 17.61.050, shall be required to allow valet parking.

17.46.030 - Alternate Means for Providing Required Parking

1. Areas of applicability. This Section shall be effective only for development in areas of the City for which the Council has, by resolution, established a sub-account of the "Parking Development Fund."
2. Written contract required. Notwithstanding any other provision of this Chapter or Chapter 17.30 (Central District Specific Plan) to the contrary, off‑street parking facilities may be provided by means of one or more valid written contracts with the City, the Pasadena Community Development Commission, or the Parking Authority in compliance with this Section.
3. Contract requirements. The contract shall meet the following requirements:
   1. Zoning credit parking spaces. The contract shall state that parking spaces are available for zoning credit purposes, which spaces shall be available for public parking. The designation may be accomplished by indicating that the contract applies to a certain number of zoning credit parking spaces.
   2. Future parking facilities. In the case of parking spaces that are to be developed, owned, or operated by the City, the Pasadena Community Development Commission, or the Parking Authority created by the Council, the designation may be accomplished by indicating that the contract applies to a certain number of spaces which the City, Commission, Parking Authority or other authority, as applicable, intends to locate in a parking facility to be built in the future and for which financing has been obtained (e.g., bonds sold or bank documents prepared and executed by all parties.)
   3. Spaces in planned public parking facilities. Zoning credit parking spaces may be sold or leased in planned public parking facilities to be owned or operated by the City, Commission, or Parking Authority for which financing has not been obtained, provided the contractor demonstrates an alternative means for meeting the parking requirements identified in this Chapter if financing is not obtained.
   4. Maximum number of zoning parking credit spaces.
      1. In no case shall the total number of zoning credit parking spaces designated in the facility exceed the total number of spaces to be constructed, but any zoning credit parking space may be used to satisfy the off‑street parking requirements in any manner allowed by this Chapter.
      2. In the CD-1 Old Pasadena Historic Core Precinct, a parking structure(s) used for the parking credit program and which has a capacity of 100 spaces or more, may oversubscribe parking credits by not more than 50 percent of the total provided in the structure(s). The Zoning Administrator and the Traffic Engineer may institute mitigating measures to accommodate parking within the structure(s) during any part of the day or night as necessary to accommodate the parking demand. The measures may include tandem and valet parking.
   5. Limitation on use of zoning credit spaces. The contract shall prohibit the owner of the parking spaces from making use of the zoning credit parking spaces so as to satisfy off‑street parking requirements of this Chapter for any other use than that provided for in the contract.
   6. Revenue from parking fees. The contract may provide that the owner of the actual parking space is free to utilize the designated number of zoning credit parking spaces in order to obtain revenue from parking fees, or for other purposes.
   7. Conferred on a specified property. As part of the contract, the City, the Commission, or the Parking Authority, as applicable, shall provide that the entitlement to use the zoning credit parking spaces in order to satisfy off‑street parking requirements of this Chapter be conferred on a specified property in order to satisfy the off‑street parking requirements for a specified use. The entitlements (whether reverted in compliance with Subparagraph 8., below, or not) are referred to in this Section as "zoning credits" and do not include any other rights to use the zoning credit parking space than as a zoning credit.
   8. Zoning credit nontransferable. That portion of the contract allocating the zoning credit also shall provide that the zoning credit shall continue to apply to the property to which the zoning credit relates and shall not be transferable to another property by the holder of the zoning credit under the contract.
   9. Reversion of spaces. The contract shall require that any and all entitlements to use the zoning credit parking spaces which are not used within three years of the date of the contract shall, unless the period is extended by the City, Pasadena Community Development Commission, or Parking Authority, as appropriate, no longer be conferred on the specified property and shall, unless otherwise provided in the contract, automatically revert to the City, Commission, or Parking Authority, as appropriate.
   10. Contribution, method of payment, and allowable refunds. The contract shall specify the contribution to the parking development fund to be made by any recipients of entitlement(s) to use the zoning credit parking spaces and shall specify the method of payment of the contribution. The contract may allow refunds to be paid upon the occurrence of conditions to be specified to the contract.
   11. Other terms and/or conditions. The contract may provide for any other terms and/or conditions deemed appropriate by the City, the Commission, or the Parking Authority, as applicable.
4. Effect of contract. For purposes of meeting the off‑street parking requirements of this Chapter and Chapter 17.30 (Central District Specific Plan), a contract meeting the above identified requirements shall be deemed to be the equivalent to ownership or lease of an actual parking space.

17.46.040 - Number of Off‑Street Parking Spaces Required

1. Table 4-6. Off‑street parking spaces shall be provided in compliance with Table 4-6 (Off‑Street Parking Space Requirements), below.
2. Minimum standards. The parking requirements of Table 4-6 are expressed as minimum standards. The required numbers shall be met and not exceeded, unless otherwise allowed in full compliance with this Chapter. Projects located within 1/4 mile of a light-rail station or within the Central District Transit-Oriented Area (Figure 3-5) shall comply with the parking requirements and maximums of Section 17.50.340 (Transit-Oriented Development)
3. Residential uses - no limit on additional parking. For residential uses, there is no limit on the maximum additional parking provided. Projects located within 1/4 mile of a light-rail station or within the Central District Transit-Oriented Area (Figure 3-5) shall comply with the provisions of Section 17.50.340 (Transit-Oriented Development).
4. Nonresidential uses — additional parking allowed. Additional parking spaces above the minimum requirement are allowed for nonresidential uses or the nonresidential portions of mixed-use projects only in the following manner:
   1. The project is not located within 1/4 of a light-rail station or within the Central District Transit-Oriented Area (Figure 3-5).
   2. Additional spaces up to a maximum of 50 percent above the required minimum/maximum are allowed as a matter of right, without any discretionary review by the City.
   3. Additional spaces above 50 percent of the required minimum/maximum are allowed only upon the approval of a Variance in compliance with Section 17.61.080.
5. Gross floor area. References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, circulation area, and storage areas.
6. Uses not listed.
   1. Land uses not specifically listed in Table 4-6 (Off‑Street Parking Space Requirements), below, shall provide parking as required by the Zoning Administrator.
   2. The Zoning Administrator shall use the requirements of Table 4-6 as a guide in determining the minimum number of off-street parking spaces to be provided.
7. Rounding in calculations. If a fractional number is obtained in calculations performed in compliance with this Section, one parking space shall be required for a fractional unit of 0.50 or above, and no space shall be required for a fractional unit of less than 0.50.  (See Interpretation)

   Table 4-6 — Off-Street Parking Space Requirements

   Use Classification	Minimum Parking
   Residential Uses
   Boarding Houses	1 covered space for each 3 habitable rooms provided in the facility.
   Caretaker Quarters	1 space.
   Dormitories	1 covered space for each 3 habitable rooms provided in the facility.
   Fraternity Sorority Housing	1 covered space for each 3 habitable rooms provided in the facility.
   Mixed-Use Developments	Combination of individual residential and commercial parking requirements.
   Multi-Family Residential
   CD (Central District)	Parking shall be provided in compliance with Section 17.50.340 (Transit-Oriented Development) for those areas within the Central District Transit-Oriented Area (Figure 3-5). Outside the transit district, parking shall be 1 space for units less than 650 sq. ft. and 1.5 spaces for units 650 sq. ft. or greater. Developments with 10 units or more shall also provide 1 guest parking space for each 10 units. The guest spaces shall be clearly marked for "Guest Parking Only."
   Multi-family Dwelling Units	2 covered spaces per unit 650 sq. ft. or larger; 1 covered space per unit less than 650 sq. ft. of net floor area. Developments with 10 units or more shall also provide 1 guest parking space for each 10 units. The guest spaces shall be clearly marked for "Guest Parking Only."
   Senior Citizen Housing	Subject to approval of a Conditional Use Permit and making findings required in Section 17.46.070 (Reduced Parking in Senior Citizens' Housing Developments); no less than .50 spaces per unit. For density bonus projects, further reductions shall be through the concessions and other incentives process. Projects with 10 units or more shall also provide 1 guest parking space for each 10 units. The guest spaces shall be clearly marked for "Guest Parking Only."
   Residential Care Facilities, General	As specified by Conditional Use Permit.
   Residential Care Facilities, Limited	2 covered parking spaces per unit within a garage or carport.
   Single‑Room OccupancyBAffordable	1 space per 4 units; plus 2 spaces for the resident manager.
   Single‑Room Occupancy Market Rate (or not guaranteed affordable)	1 space per unit; plus 2 spaces for the resident manager.
   Single-Family Dwelling Units	2 covered spaces per unit within a garage or carport.
   Transition Housing	2 covered spaces per unit within a garage or carport.
   Use Classification	Minimum Parking
   Recreation, Education & Public Assembly Uses
   Adult Businesses	3 spaces per 1,000 sq. ft.
   Clubs, Lodges, Private Meeting Halls	10 spaces per 1,000 sq. ft. used for assembly purposes.
   Colleges - Nontraditional Campus Setting	3 spaces per 1,000 sq. ft.
   Colleges - Traditional Campus Setting	1 per 3 nonresident students; plus 1 per 3 employees and members of the faculty.
   In CD-3 - Ford Place/Fuller Seminary Precinct	1 space for every 3 daytime nonresident students living outside of CD-3 - Ford Place/Fuller Seminary Precinct; 1 per campus unit; 1 per two dormitory residents; 1 per 2 employees and members of the faculty.
   Commercial Entertainment
   Nightclubs or Comedy Clubs	1 space per 3 fixed seats, or 28 spaces per 1,000 sq. ft. of seating area if there are no fixed seats; plus 28 spaces per 1,000 sq. ft. of dance floor area.
   Live Performance Facilities	1 space per 5 fixed seats, or 28 spaces per 1,000 sq. ft. of seating area if there are no fixed seats.
   Cinemas B Single-Screen	1 space per 3 fixed seats.
   Cinemas B Multi-Screen	1 space per 5 fixed seats.
   Other Commercial Entertainment Uses	As specified by Conditional Use Permit.
   Commercial Recreation - Indoor
   Bowling Alleys	4 spaces per alley; plus required spaces for accessory uses.
   Skating Rinks	1 space per 5 fixed seats, or 28 spaces per 1,000 sq. ft. of seating area if there are no fixed seats; plus 4 spaces per 1,000 sq. ft. floor area not used for seating.
   Other Indoor Commercial Recreation Uses	As specified by Conditional Use Permit.
   Commercial Recreation - Outdoor
   Swimming Pools	1 space per 500 sq. ft. of pool area.
   Tennis and Racquetball Clubs	4 spaces per court.
   Other Outdoor Commercial Recreation Uses	As specified by Conditional Use Permit.
   Conference Centers	As specified by Conditional Use Permit.
   Cultural Institutions	3 spaces per 1,000 sq. ft.
   Electronic Game Centers	6 spaces per 1,000 sq. ft.
   Internet Access Studios	6 spaces per 1,000 sq. ft.
   Park and Recreation facilities	2.5 spaces per 1,000 sq. ft.
   Religious Facilities
   In a Residential or PS Zoning District	1 space per 4 fixed seats, or 20 spaces per 1,000 sq. ft. of seating area if there are no fixed seats.
   In a Commercial Zoning District	1 space per 8 fixed seats, or 14 spaces per 1,000 sq. ft. of seating area if there are no fixed seats.
   Schools
   Grammar School	1.5 spaces per classroom, plus 1 space for every 2 employees and members of the faculty.
   High School	1 space for every 5 students; plus 1 space for every 2 employees and members of the faculty.
   Schools - Specialized Education and Training	3.5 spaces per 1,000 sq. ft.; plus 2 drop-off spaces.
   Use Classification	Minimum Parking
   Office, Professional, & Business Support Uses
   Banks and Financial Services	3 spaces per 1,000 sq. ft.
   Business Support Services	3 spaces per 1,000 sq. ft.
   Offices - Accessory to Primary Use	Parking requirement shall be the same as the primary use.
   Offices - Administrative business professional	3 spaces per 1,000 sq. ft.
   Offices - Governmental	3 spaces per 1,000 sq. ft.
   Offices - Medical	4 spaces per 1,000 sq. ft.
   Research and Development - Offices	3 spaces per 1,000 sq. ft.
   Work/Live Units	3 spaces per 1,000 sq. ft.
   Retail Sales
   Animal Sales and Services	2.5 spaces per 1,000 sq. ft.
   Bars or Taverns	10 spaces per 1,000 sq. ft.
   Building Materials and Supplies Sales	1 space per 1,000 sq. ft. of site area.
   Commercial Nurseries	2.5 spaces per 1,000 sq. ft.
   Convenience Stores	4 spaces per 1,000 sq. ft.
   Firearms Sales	3 spaces per 1,000 sq. ft.
   Food Sales	4 spaces per 1,000 sq. ft.
   Internet Vehicle Sales	3 spaces per 1,000 sq. ft.
   Liquor Store	4 spaces per 1,000 sq. ft.
   Pawnshops	3 spaces per 1,000 sq. ft.
   Restaurants	10 spaces per 1,000 sq. ft. of gross floor area, including any outdoor dining area not located in the public right-of-way (e.g., sidewalk).
   Restaurants, Fast Food
   With up to and including 1,500 sq. ft. of gross floor area	4 spaces per 1,000 sq. ft. of gross floor area, including any outdoor dining area not located in the public right-of-way (e.g., sidewalk).
   With 1,501 to 1,999 sq. ft. of gross floor area	4 spaces per 1,000 sq. ft. of gross floor area plus 3 spaces for each 100 sq. ft. of gross floor area in excess of 1,500 sq. ft., up to a maximum of 20 spaces, including any outdoor dining area not located in the public right-of-way (e.g., sidewalk).
   With 2,000 sq. ft. or more of gross floor area	10 spaces per 1,000 sq. ft. of gross floor area, including any outdoor dining area not located in the public right-of-way (e.g., sidewalk).
   Restaurants, With Drive-Throughs	10 spaces per 1,000 sq. ft. gross floor area; plus queue lanes for at least 5 cars for drive‑up service. However, all restaurants proposing drive-through facilities shall submit a study to determine if longer queuing lanes shall be required by the Zoning Administrator.
   Retail Sales	3 spaces per 1,000 sq. ft.
   Significant Tobacco Retailers	3 spaces per 1,000 sq. ft.
   Swap Meets
   Indoor	3 spaces per 1,000 sq. ft.
   Outdoor	3 spaces per 1,000 sq. ft. of sales area.
   Vehicle Services - Automobile Rental	2.5 spaces per 1,000 sq. ft.
   Vehicle Services - Sales and Leasing	1 space per 1,000 sq. ft.
   Vehicle Services - Sales and Leasing - Limited	1 space per 1,000 sq. ft.
   Vehicle Services - Service Stations
   Full Service Stations	1 space per 1,000 sq. ft. of lot area; less the footprint of any convenience store area; plus 3.3 spaces per 1,000 sq. ft. of convenience store area; plus 1 space per tow truck which operates from the station; plus 5 queue lane spaces for any self‑service auto wash. Fueling positions may count as parking spaces; provided, that not more than 8 fueling positions shall count as