Article 4 — Site Planning and General Development Standards
Chapter 17.42 - Inclusionary Housing Requirements
Chapter 17.43 - Density Bonus, Waivers and Incentives
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
- 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.
- 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
- 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.
- 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.
- When allowed. A flag lot shall only be allowed:
- 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);
- Only if there is no reasonable alternative
due to extreme topographic conditions or other physical conditions as
determined by the Advisory Agency; and
- Only when extreme physical constraints and circumstances are inherent.
In considering a new flag lot, a conventional
subdivision would first have to be possible.
- Required procedure.
- 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.
- 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.
- 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.
- 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.
- Design
standards.
- 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.
- A minimum 20 feet, and a
maximum 25 feet of frontage and width shall be maintained throughout the length
of the pole.
- Driveways shall meet the minimum requirement of Section
17.29.050.F.1.
- 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.
- Designation of property lines. The following requirements determine the location of
the front, side, and rear property lines of a flag lot.
- 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.
- 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.
- 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.
- 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.
- 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.
- For purposes of measuring the
width of a flag lot, the calculation shall not include the pole of the flag
lot.
- 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.
- For purposes of measuring the
lot area, only the flag portion shall be considered.
- 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.
- Maximum
number of lots. The total number of
lots in a flag lot subdivision shall comply with the following requirements.
- 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.
- 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).
- Multiple flag lots. Where a subdivision proposes more than one flag lot,
the following standards shall apply:
- Not more than two flag lot poles shall be
contiguous to each other.
- The poles of two flag lots that are
contiguous shall have a maximum width of 40 feet.
- 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.
- Private access easements shall not be allowed.
- 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.
- 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:
- 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.
- The maximum gross Floor Area Ratio (FAR)
shall be based upon the area of the flag portion of the lot.
- Each structure
on a flag lot shall be oriented to provide the maximum privacy to surrounding
existing and future residential structures.
- 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.
- Other methods for protecting
privacy may include using translucent material in (upper floor) windows,
eliminating windows, reducing and/or relocating balconies, or eliminating
balconies.
- 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.
- 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):
- 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);
- The design of the proposed flag lot
subdivision complies with the flag lot development standards identified in this
Section; and
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- Height measurement.
- 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.
- The highest point of the
structure shall be considered its highest ridge or parapet.
- 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
- 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)
- Height limit exceptions.
- Chimney exceptions. A chimney may exceed the height limit established by
the applicable zoning district by a maximum of two feet.
- Roof mounted exceptions.
(See
Interpretation)
- 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)
- 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.
- 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.
17.40.070 - Limited Hours of Operation
- Applicability.
- 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.
- 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.
- 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.
- 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.
- Exempt activities. The
following land use activities are exempt from these restrictions:
- Accessory antenna arrays.
- Public, Semi-public uses.
- Adult day-care B limited.
- Automated teller machines (ATMs).
- Banks (with walk-up services only).
- Child day-care B large care home.
- Child day-care B small care home.
- Emergency shelters.
- Life/care facilities.
- Lodging (operation of check-in/check-out and
room services only), including bed and breakfast inns, and hotels and motels.
- Mixed-use projects (see 17.50.160).
- Mortuaries.
- Offices with fewer than 15 employees working
on-site at one time.
- Offices, government.
- Single-room occupancy facilities.
- Temporary uses.
- Wireless communications facilities B major and minor.
- Work/live units.
- 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).
- 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)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- There are no conditions, covenants, and
restrictions existing or proposed that are adverse to solar energy systems;
- Solar access has been addressed within the
context of any required Environmental Impact Report; and
- The proposed structure will not prohibit or
unreasonably restrict the use of solar energy systems on adjacent properties.
- 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
- 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.
- Applicability.
- 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).
- All City projects. All City construction projects shall also
incorporate in their design a public art component.
- 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.
- 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.
- Exceptions. This Section shall not apply to a project:
- 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;
- Within the Enterprise Zone Business Development Area (EZBDA) as that
zone may be amended from time to time;
- Within the boundaries of a master plan or
planned development zone change area approved before the effective date of the
ordinance enacting this Section;
- 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
- 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.
- Guidelines for compliance.
- 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.
- The Arts and Culture
Commission shall be responsible for
determining compliance with this Section.
- 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
- 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.
- 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
- Applicability.
- A refuse storage area for the collection of
trash and recycled goods shall be provided at the time any structure is
constructed.
- Refuse storage areas for additional dwelling
units or for enlargements to existing nonresidential uses shall meet the
minimum size required by this Section.
- 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.
- 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.
- 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.
- Minimum storage area required. Each required refuse storage area shall provide
space for the storage of trash and recyclable materials as follows.
- 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.
- 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.
- Enclosure required. A refuse storage area shall be enclosed in concrete
block or other materials acceptable to the Zoning Administrator.
- Minimum height and
clearance. The minimum height of the
enclosure shall be six feet with a minimum vertical clearance of seven feet.
- 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.
- Maneuvering space. Space within the enclosure shall be provided for
accessing and maneuvering the bins.
- Pavement. The surface of a refuse storage area shall be paved with Portland
cement and shall be constructed to provide proper drainage.
- Accessibility. Accessibility to a refuse storage area shall be
approved by the Director of Public Works.
- 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.
- 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.
- 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.
- Plan content. The plan shall specify the location of the waste
disposal and include the items as a refuse storage area or trash compactor.
- 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.
- Location requirements. Shared facilities shall be located within 200 feet
of the structure to be served.
- 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.
- 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.
- Guarantee of performance.
- 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.
- 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.
- 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.
- 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.
- 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
- 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)
- 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.
- 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)
- Exceptions. The following are exceptions to the above screening
requirements:
- 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.
- 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.
- 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
- Purpose.
- This
Section provides standards for the
use
and minimum size of required
setbacks, and for the application of
encroachment
planes.
- 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.
- 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.
-
Setback requirements.
- All
structures.
- 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).
-
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.
- 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).
- 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.
- 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.
-
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.
- Flag
lots. See
Section
17.40.050 (Flag
Lot
Development
Standards).
- 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.
- 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.
-
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:
- 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.
-
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
-
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.
-
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

-
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
|
Additions to multi-family
buildings with 3 or more units built before February 14, 1989
|
May
project into a required
side yard which is nonconforming as long as addition
maintains existing
setback and is no closer than 4 feet to a
property line.
|
|
Balconies (1) |
Maximum
depth of 10 feet into the
front yard.
|
|
Bay Window
Bay Window (1) |
24
inches into a required front, rear or
corner side yard
setback for a linear
distance not to exceed 10 ft for any one bay, nor a total of 15 ft for all
bays into each
setback.
No
greater than 3 feet deep and 10 feet long and shall be a minimum of 3 feet from
finished grade, and no higher than one story may
project into the
front yard.
A bay window must be a minimum of 3 feet above finished grade. The maximum frequency of such bays is one bay
per 15 feet of
lot width measured at the front
property line.
|
|
Eave/roof overhang
|
36
inches
|
|
Fireplace or chimney (2)
Fireplace or chimney (1) |
24
in. for a maximum length of 10 ft along the wall from which it
projects.
3
feet into a required
yard.
|
|
First
story addition to
main
structure (2) |
May
project into a required side
setback that is nonconforming as to side
setback
requirements; provided, that:
- The addition maintains the
existing setback of the
structure to which it relates
- The existing distance between
the main structure and the side
property line is a minimum of four ft;
- The addition does not
project
into a required side
setback
encroachment plane;
and
- The maximum length of the addition does not exceed 20 linear
feet.
|
|
Freestanding trellis (2) |
May
be located in a front or
corner side yard
setback; provided, that the
trellis:
- Does not occupy more than 5% of the required
setback area;
- Is nine ft or less in
height;
- Is at least 50% open on top and all sides;
- Complies with
Municipal Code
Chapter 12.12 relating to the obstruction of views at intersections; and
- Is not located over a driveway.
|
|
Uncovered
steps, or landings, not more than 36 in. in
height (3) may project into a side yard as long as more
than 35 in. in height and there is no guard railing. |
36 inches in width, for a maximum length of 10 ft.
|
|
Unenclosed front porch (3)
Unenclosed
front porch (1)
|
May
project into a required front
setback as follows:
- The maximum projection into
the front setback shall be 10 ft, but shall be no closer than 15 ft to the
front property line;
- The width of the porch shall
not exceed the width of the
main structure;
- The porch shall not exceed one
story and a maximum plate
height of 12 feet; and
- The porch shall not be enclosed.
May
project into a required front
setback as follows:
- The maximum projection into
the front setback shall be 10 ft;
- The porch shall not exceed one
story
- The porch shall not be enclosed.
|
|
Concrete walkway or deck (2) |
May project into a rear or side yard as long as not
more than 6 inches in height. |
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)
|
Projecting Feature |
Allowed Projection into
Encroachment Plane |
|
Eave/roof
overhang
|
36 inches
|
|
Fireplace or
chimney
|
24 in. for a
maximum length of 10 ft along the wall from which it projects.
|
|
Dormer, gable,
and/or gable end of roof structure on main structure
|
36 inches
|
|
Second story of
main structure |
May be within
encroachment plane so long as:
1. The structure
setback of the second story continues the structure setback of the
first story;
2. The side
setback adjacent to the main structure complies with the minimum
setback required by the applicable zoning district; and
3. The structure
was constructed under a Building Permit issued after June 3, 2006. |
- Limitations on the use of
setbacks.
A required
setback
shall only be used in compliance with the following requirements.
-
Storage. No required
setback shall be
used for the storage of:
-
Junk,
inoperable vehicles, scrap, or similar material; or
-
Building materials, except
during on-site construction, in compliance with a valid
Building Permit.
-
Parking. Parking is allowable within a required
setback only in compliance
with Section
17.46.080 (Parking Design Standards).
-
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:
- Not more than 30 percent of
the front or corner side
setback area shall be paved;
- All unpaved areas shall be
improved and maintained with
landscaping;
- A driveway shall lead to
covered parking elsewhere on the
lot; and
- 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
- Applicability.
- The following standards shall apply to
commercial and industrial uses in commercial and industrial zoning districts
including specific plan areas.
- This Section does not apply to the CD zoning
district.
- Hours of operation.
- 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.
- 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.
- 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.
- Number of truck trips.
- 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.
- 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).
- Wall and fence height
measurement.
(See
Interpretation)
- 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)
- Measured in a continuum. The height shall be measured in a continuum at each
point along the wall or fence.
- Height limits for walls and
fences.
- 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.
- 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.
-
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.
-
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.
- 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)
- 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:
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
-
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.
- 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)
- 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.
- 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.
- Prohibited materials. Barbed wire, concertina wire, and
razor wire shall not be allowed.
- Multi-family (City of Gardens standards). Walls and fences may be
located along property lines or in setbacks in compliance with the following.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The height of a wall or fence screening a driveway shall not exceed six
feet.
- The height of a wall or fence screening a parking area shall be at least six
feet but shall not exceed 10 feet.
- 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.
- 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.
-
Residential projects.
- 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.
- Nonresidential development. All utility facilities shall be installed underground
within the site.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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
- 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).
- 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.
- Exempt projects. The following are exempt from the requirements of
this Chapter.
- Project with discretionary approvals. A residential project that has obtained:
- 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
- A Building Permit in compliance
with the discretionary approval within 12 months of the effective date of this
Chapter; and
- A Certificate of Occupancy in
compliance with the same discretionary approval.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Allowable
credits. The inclusionary unit
requirements of Subsections A. and B. may be reduced as follows.
- 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.
- 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.
- 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.
- 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).
- In
lieu fee. The developer may choose
to pay a fee in lieu of providing all or some of the inclusionary units, as
follows.
- Amount of fee. The amount of the fee shall be as required by the
Council's Fee Resolution.
- 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.
- 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.
- Housing Trust Fund. Fees collected in compliance with this Section shall
be deposited in the Inclusionary Housing Trust Fund.
- 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.
-
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.
-
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
- 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).
- 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.
- 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).
- 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.
- 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.
- 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
- Location within project,
relationship to non-inclusionary units.
All inclusionary units shall be:
- Reasonably dispersed throughout the
residential project;
- Proportional, in number, bedroom size, and
location, to the market rate units; and
- Comparable with the market rate units in
terms of the appearance, base design, materials, and finished quality.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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
- Proportionate share of appreciation. A proportionate share of any appreciation.
-
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
- 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.
- Legal actions. The City may institute any appropriate legal actions
or proceedings necessary to ensure compliance with this Chapter, including
actions:
- To disapprove, revoke, or suspend any
permit, including a Building Permit, Certificate of Occupancy, or discretionary
approval; and
- For injunctive relief or damages.
- 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
- Determination of a taking of
property without just compensation.
- 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.
- 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.
-
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.
- Presumption of facts. In making the taking recommendation or
determination, the review authority shall presume each of the following facts:
- Application of requirements. Application of the inclusionary housing requirement
to the residential project;
- Incentives. Application of the inclusionary incentives;
- Product type. Utilization of the most cost-efficient product type
for the inclusionary units; and
- External funding. External funding where reasonably likely to occur.
- 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
-
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:
- At least 5 percent of
the units are dedicated to very low-income households;
- At least 10 percent of
the units are dedicated to low-income and very low-income households;
-
At least
10 percent of the units
are dedicated to moderate-income households and are available to the general
public for sale; or
-
At
least 35 dwelling units are available exclusively to persons aged 55 and older
and to those residing
with them.
-
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.
- 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
|
Percentage of Very Low-Income Units |
Percentage Density Bonus |
|
5 |
20 |
|
6 |
22.5 |
|
7 |
25 |
|
8 |
27.5 |
|
9 |
30 |
|
10 |
32.5 |
|
11 |
35 |
-
The
density bonus for
low-income units shall be calculated as follows.
Table 4-3.1 - Increase in
Allowable Density for Low-Income Units
|
Percentage of Low-Income
Units |
Percentage Density Bonus |
|
10 |
20 |
|
11 |
21.5 |
|
12 |
23 |
|
13 |
24.5 |
|
14 |
26 |
|
15 |
27.5 |
|
16 |
29 |
|
17 |
30.5 |
|
18 |
32 |
|
19 |
33.5 |
|
20 |
35 |
-
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
|
Percentage of Moderate-Income Units |
Percentage Density Bonus |
|
10 |
5
|
|
11 |
6
|
|
12 |
7
|
|
13 |
8 |
|
14 |
9 |
|
15 |
10 |
|
16 |
11 |
|
17 |
12 |
|
18 |
13 |
|
19 |
14 |
|
20 |
15 |
|
21 |
16 |
|
22 |
17 |
|
23 |
18 |
|
24 |
19 |
|
25 |
20 |
|
26 |
21 |
|
27 |
22 |
|
28 |
23 |
|
29 |
24 |
|
30 |
25 |
|
31 |
26 |
|
32 |
27 |
|
33 |
28 |
|
34 |
29 |
|
35 |
30 |
|
36 |
31 |
|
37 |
32 |
|
38 |
33 |
|
39 |
34 |
|
40 |
35 |
- The density
bonus for a project for persons aged 55 and older, and those residing
with them, shall be 20 percent.
- 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.
-
Bonuses not combined.
The bonuses that are available under this section shall not
be combined.
17.43.050 -
Concessions and Other Incentives
-
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)
-
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.
-
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.
-
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.
-
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.
- 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.
- 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:
-
Approve
the concession and/or other incentive described in application for
the Affordable Housing Concession Permit.
- Deny the
concession and/or other incentive described in the application for
the Affordable Housing Concession Permit.
- 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.
-
Findings.
A concession
or other incentive shall be approved upon making the following findings.
-
The
concession or incentive is required in order for the designated
units to be affordable.
-
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
- 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.
- 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.
- 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:
-
Approve
the waiver and/or reduction of development standard; or
- Deny the waiver
and/or
reduction in development standard; or
-
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.
-
Findings.
A Waiver of
Development Standards Permit shall be approved upon making the following
findings.
-
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;
- 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
- 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
-
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.
-
Additional net floor area for
housing units that is equal to or greater than the net floor area in the
child day-care center.
-
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.
-
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.
-
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:
-
Approve the bonus or
concession described in the application for the Child Day-Care Bonus or
Concession Permit, if the findings below are made.
-
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.
-
Findings.
A child day-care
bonus or concession shall be approved upon making the following findings.
-
The bonus or concession would
contribute significantly to the economic feasibility of the construction
of the child day-care center.
-
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.
-
Conditions of Approval. The
child day-care center shall comply with conditions of approval as follows.
-
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.
-
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
-
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.
-
Requirements for Bonus.
A bonus for the donation of land shall meet the following requirements.
-
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.
-
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.
-
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.
-
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).
-
The land
shall be transferred to the City of Pasadena or to a housing
developer approved by the City of Pasadena.
-
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.
-
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.
-
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
|
Percent of Very Low-Income Units |
Percentage Density Bonus |
|
10 |
15 |
|
11 |
16 |
|
12 |
17 |
|
13 |
18 |
|
14 |
19 |
|
15 |
20 |
|
16 |
21 |
|
17 |
22 |
|
18 |
23 |
|
19 |
24 |
|
20 |
25 |
|
21 |
26 |
|
22 |
27 |
|
23 |
28 |
|
24 |
29 |
|
25 |
30 |
|
26 |
31 |
|
27 |
32 |
|
28 |
33 |
|
29 |
34 |
|
30 |
35 |
-
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
-
An applicant may request the following alternative parking requirements.
|
Number of Bedrooms |
On-Site Parking Spaces |
|
0 - 1 |
1 |
|
2 - 3 |
2 |
|
4 or more |
2.5 |
-
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
-
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.
-
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:
-
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
-
Proportionate
share of appreciation. A proportionate share of any appreciation.
-
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.
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:
- Provide general landscape
requirements common to various zoning districts;
- Encourage quality landscape
designs;
- 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;
- Ensure that new landscaping
would be consistent with any applicable design guidelines and that important
resources (e.g., large specimen plants) are retained;
- 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;
- Encourage the efficient use of
irrigation, appropriate plant materials, and regular maintenance of landscaped
areas; and
- 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
- Landscaping required. All projects shall provide and maintain landscaping
in compliance with the provisions of this Chapter.
- Landscaping plans subject to
review.
- 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.
- 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.
- 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.
- 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
- Plan required.
- A preliminary landscape plan shall be
submitted as part of an application for a land use entitlement.
- 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.
- Intent of preliminary
landscape plan.
- 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
- 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.
- The preliminary landscape plan shall meet
the intent of Chapter 8.52 (City Trees and Tree Protection Ordinance) of the
Municipal Code.
- 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.
- 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.
- Submittal
of plan.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- Landscape
design plan. A landscape design plan
meeting the following requirements shall be submitted as part of the landscape
documentation package.
- Plant
selection and grouping. Any plants
may be used in the landscape, providing the plants meet the requirements below.
- Plants having similar water
use shall be grouped together in distinct hydrozones.
- Plants shall be selected based
upon their adaptability to the climatic, geologic, and topographical conditions
of the site.
- Existing trees shall be
preserved in compliance with Section 17.44.090 (Tree Retention).
- 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:
- Plant name;
- Plant quantity;
- Plant size;
- Irrigation system; and
- Plans for tree retention and
removal.
- Water features. Only recirculating water shall be used for
decorative water features.
- Irrigation design plan. An irrigation design plan meeting the following
requirements shall be submitted as part of the landscape documentation package.
- Irrigation design criteria.
- 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.
- 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.
- 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.
- Equipment.
- Water meters. Separate landscape water meters shall be installed
for any project with a landscaped area greater than 5,000 square feet.
- Automatic controllers. Automatic control systems shall be required for all
irrigation systems and shall be able to accommodate all aspects of the design.
- Drip irrigation. The use of drip irrigation shall be considered
whenever appropriate.
- 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.
- 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.
- Rain-sensing devices. Rain sensing override devices shall be required for
any project with a landscaped area greater than 10,000 square feet.
- Moisture-sensing devices. Soil moisture sensing devices shall be required for
any project with a landscaped area greater than 10,000 square feet.
- 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.
- 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
- 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.
- Residential projects. Each residential project shall be landscaped,
irrigated, and maintained in compliance with the requirements of this Chapter.
- New single-family projects.
- A final landscape plan shall
be submitted for review and approval by the Zoning Administrator before a
Building Permit is issued.
- 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.
- The landscape plan shall
include the front and any corner side setback areas.
- All landscape planting areas
shall be provided with a permanent underground irrigation system.
- Multi-family projects.
- 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.
- 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).
- 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.
- A preliminary landscape plan shall be
submitted for review and approval by the Zoning Administrator before a Building
Permit is issued.
- The landscape plan shall include all
uncovered areas.
- All landscape planting areas shall be
provided with a permanent underground irrigation system.
- All setback areas shall be
landscaped.
- 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.
- 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:
- For outdoor dining activities,
special paving, or other examples of exceptional architectural quality in the
project's design;
- A higher overall quality of
landscape design than would normally be expected for a similar development
project; and
- A superior landscape
maintenance plan.
- All unused areas shall be
landscaped.
- 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.
- The Zoning Administrator shall determine the
level or intensity of landscaping to be provided for vacant pad sites based on
an approved phasing plan.
- 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.
- General design standards. The following features shall be incorporated into
the design of the proposed landscape and shown on the required landscape plans.
- 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.
- Consideration for access. Pedestrian access to sidewalks and structures shall
be considered in the design of all landscaped areas.
- Minimum width. Landscaped areas shall not be less than five feet in
width.
- 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.
- Plant materials. Plant materials shall be selected and installed to
comply with the following requirements:
- Mix of materials. An appropriate mix of plant sizes and materials
shall be provided.
- Drought tolerant species. Plant materials shall emphasize drought-tolerant
and/or native species.
- Tree
requirements. Trees shall be planted
in areas of public view. The clustering of trees is encouraged.
- 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.
- Staking. All trees shall be staked or guyed (on a
case-by-case basis) subject to the approval of the Zoning Administrator.
- Performance standards. The trees and shrubs shall be carefully selected and
properly planted and maintained so that they:
- Do not interfere with service
lines and traffic safety sight areas;
- Protect the basic rights of
adjacent property owners, particularly the right to solar access; and
- Prevent physical damage to the
adjoining public improvements.
- 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.
- 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.
- 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).
- 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.
- Design of landscaped areas.
- Landscaped areas and plant
replacement shall be ordered and formal rather than random and scattered.
- Trees and shrubs shall be
massed in groups creating containment of the garden space.
- Turf standards.
- Turf shall be limited to a
maximum of 20 percent of the total landscaped area.
- Turf shall be excluded from
areas difficult to irrigate (e.g., narrow pathways, parkways less than five
feet in width, sidewalk strips, slopes, etc.)
- The main garden is the
appropriate location for turf.
- Low-water usage turf or warm‑season
turf is recommended.
- Flowering ornamentals that are
not drought tolerant shall be included in the calculations for the turf area
limitations.
- 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.
- Planting of trees in front setback.
- Substantial trees (24-inch box
or larger) are strongly encouraged in front setback areas of 2,000 square feet
or more.
- 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.
- The minimum tree size at
planting shall be 15 gallons.
- Standards for Urban Housing. For projects using the Urban Housing standards of in
compliance with Section 17.50.350 (Urban Housing).
- Landscaping shall be a combination of trees,
shrubs, groundcover and turf.
- All areas not devoted to building coverage,
walkways, or driveways shall be landscaped.
- Commercial and industrial
zoning districts.
- 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.
- 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.
- 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.
-
Additional standards for development projects within the HD overlay district.
- 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.
- 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.
- 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.
- 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.
- Effect of approved plan. All landscaping
shall be planted and maintained in compliance with the approved plan and Chapter 17.44 (Landscaping).
- 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.
- 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.
- All native groundcover and
shrub materials to be planted within 30 feet of all structures shall be
low-profile evergreen plants.
- 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.
- 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).
- Trees shall be planted so that
existing views from surrounding properties are preserved.
- 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
- Maintenance
required.
- Where a landscape plan is required, all
installed landscaping shall be permanently maintained in compliance with this
Section.
- Once installed, no landscaping shall be
removed unless it is replaced with landscaping of a similar design, character,
and coverage at maturity.
- Once installed, no landscaping shall be
allowed to die; replacement shall occur in a timely manner.
- 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
- Maximum effort to retain
trees. Where healthy trees exist on
a site, maximum effort shall be given for their retention.
- 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.
- Minimum retention
requirements. To ensure that the
tree retention is successful, the following requirements shall be met:
- All grading around existing trees shall be
done by hand.
- Cutting through woody roots shall not be
allowed.
- All foundations shall step over major roots.
- No difference in grade shall be allowed at
the base of the trees.
17.44.100 - Street Trees
- 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.
- Location requirements. Street trees shall be located in compliance with
the requirements of the Department of Public Works.
- Street tree retention or
removal.
- Removal of street trees. Street trees shall not be removed without first
obtaining permission from the Department of Public Works.
- Reshaping of driveway preferable. The reshaping of driveways to avoid or accommodate
street trees is preferable.
- Modification of driveway location. The Director may allow modification of the driveway
location in order to preserve an existing street tree.
- 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.
- Requirements for new
developments.
- 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.
- 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.
- 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:
- Progressively alleviate or
prevent traffic congestion and shortages of curbside parking spaces;
- 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;
- Establish parking standards for
commercial uses consistent with need and with the feasibility of providing
parking on specific commercial sites;
- 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
- In multi-family projects
subject to Section 17.22.080 (RM District Garden Requirements) to:
- Minimize the visibility of parking from
streets and dwellings and give prominence to main gardens within projects;
- Minimize and conceal negative aspects (e.g.,
large areas of paving, long unembellished walls, and visibility of ventilation
grilles and garage doors); and
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Spaces required for
enlargement.
- 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.
- 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.
- 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.
- Location and ownership.
- 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).
- Parking location for residential uses within
commercial and CD zoning districts.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
|
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
|
- 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)
- 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.
-
Parking at grade.
Parking at grade shall be located in the rear 40 percent of the site.
- 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.
- 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).
- On double frontage lots, no
parking shall be located in the front 30 percent of the site along each street
frontage.
- 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.
- 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.
- The parking area shall be
screened from these areas by building volume or by a wall at least six feet in
height.
- 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.
- Detached dwelling units. A detached single‑family dwelling unit located
in the front 60 percent of the site may incorporate parking; provided, the:
- Parking is provided within the
building envelope and not in a separate structure.
- 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.
- Parking is fully enclosed and
screened by opaque garage doors.
- Garage doors do not face the
street.
- Widening or branching of the
main drive to accommodate maneuvering shall be screened from the street by
building volume.
- 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.
- Partial subterranean parking.
- 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.
- 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.
- Planting and tree wells shall be provided as specified by the planting and
paving standards in Chapter 17.44
(Landscaping).
- Ventilation openings and
grilles shall be concealed and shall not be visible from the street.
- Subterranean parking.
- Fully subterranean parking
shall be located within the site boundary and may extend to all property lines.
- 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.
- Planting and tree wells shall be provided as specified by the planting and
paving standards in Chapter 17.44
(Landscaping).
- Ventilation openings and
grilles shall be concealed and shall not be visible from the street.
- 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.
- 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
- 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."
- 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.
- Contract requirements. The contract shall meet the following requirements:
- 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.
- 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.)
- 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.
- Maximum number of zoning parking credit
spaces.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Table 4-6. Off‑street parking spaces shall be provided in
compliance with Table 4-6 (Off‑Street Parking Space Requirements), below.
- 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)
- 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).
- 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:
- The project is not located within 1/4 of a
light-rail station or within the Central District Transit-Oriented Area (Figure
3-5).
- 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.
- 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.
- 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.
- Uses not listed.
- Land uses not specifically listed in Table 4-6 (Off‑Street Parking Space Requirements), below, shall provide parking
as required by the Zoning Administrator.
- 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.
- 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)
|
Boarding
Houses
|
1
covered space for each 3 habitable rooms provided in the facility.
|
|
Caretaker
Quarters
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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.
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|
Mixed-Use
Developments
|
Combination
of individual residential and commercial parking requirements.
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|
Multi-Family Residential
|
|
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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."
|
|
|
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."
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|
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."
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|
Residential
Care Facilities, General
|
As
specified by Conditional Use Permit.
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|
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.
|
|
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
|
|
|
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.
|
|
|
As
specified by Conditional Use Permit.
|
|
Commercial Recreation - Indoor
|
|
|
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
|
|
|
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
|
|
|
1
space per 4 fixed seats, or 20 spaces per 1,000 sq. ft. of seating area if
there are no fixed seats.
|
|
|
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.
|
|
|
3.5
spaces per 1,000 sq. ft.; plus 2 drop-off spaces.
|
|
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.
|
|
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).
|
|
|
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).
|
|
|
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).
|
|
|
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.
|
|
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.
|
|
|
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 |