Article 5 — Standards for Specific Land Uses

Chapter 17.50 - Standards for Specific Land Uses

Sections:

17.50.010 - Purpose of Chapter

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

17.50.020 - Applicability

The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

1. Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Article 2 (Zoning Districts and Allowable Land Uses).
2. Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Chapter for a specific use.
3. Development standards. The standards for specific uses in this Chapter supplement, and are required in addition to, those in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Specific Plans), and 4 (Site Planning and General Development Standards). In the event of any conflict between the requirements of this Chapter and those of Articles 2, 3, or 4, the requirements of this Chapter shall control.

17.50.040 - Alcohol Sales

1. Standards for all sales operations. Proposed on- and off-site alcoholic beverage sales operations shall be designed, constructed, and operated to:
   1. Avoid contributing to an undue proliferation of alcoholic beverage sales businesses in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
   2. Avoid any adverse impact on adjacent or nearby parks (e.g., public parks or recreation centers), playgrounds (e.g., public or parochial), religious facilities, or schools (e.g., public, parochial, or private elementary, junior high, or high schools); and
2. Additional standards for off-site sales. Off-site alcoholic beverage sales businesses shall comply with the following requirements in addition to those in Subsection A. above. Locations with off-site alcoholic beverage sales shall be designed, constructed, and operated to:  
   1. Not interfere with the movement of people along any street; and
   2. Supply adequate, appropriately located litter and recycling receptacles as determined by the Director.

17.50.050 - Animal Hospitals

1. Improvements required. All animal hospitals shall be entirely enclosed, soundproofed, and air conditioned.
2. Incidental uses allowed. Grooming and temporary boarding of animals for a maximum of 30 days is allowed if incidental to the animal hospital use.

17.50.060 - Automated Teller Machines (ATMs) and Walk-Up Bank Services

1. Where allowed. ATM facilities may be located:
   1. On public streets; and
   2. At alley entries, but within 50 feet of the nearest public street.
2. Development standards for ATM facilities. ATM facilities shall be installed and maintained in compliance with the following standards:
   1. Privacy area required.
      1. In order to provide an appropriate level of privacy and to reduce the potential for blocking the sidewalk for those users waiting in line, a five-foot deep privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to the public sidewalk;
      2. The Director, while conducting Design Review, or the Zoning Administrator, if no Design Review is required, may reduce the privacy area down to three feet, while still meeting the intent identified in Subparagraph a., above.
   2. Review for impact on pedestrian and traffic circulation required. The Department of Public Works shall review and approve each proposed location to determine if on-street parking can be accommodated at the proposed site and if the ATM, or walk-up bank service window would likely have a major impact on pedestrian and traffic circulation in the immediate area;
   3. Lighting plan required. A lighting plan will be required with the intent to ensure that adequate lighting is provided;  
   4. ATM to be handicap accessible. The ATM shall be handicap accessible;
   5. Trash receptacle required. A trash receptacle shall be immediately accessible to the ATM; and
   6. Appearance following removal. At the time that the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Zoning Administrator.

17.50.065 - Boarding Houses

1. 500-foot separation required. A boarding house shall be a minimum of 500 feet from another boarding house.
2. How to measure separation. The distance between any structure used as a boarding house and another structure used as a boarding house shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a boarding house to the closest property line of another structure used as a boarding house.

17.50.070 - Conversion of a Residential Structure to a Commercial Use

1. Applicability. The conversion of a residential structure to an allowed commercial use shall be in compliance with this Section and the applicable provisions of this Zoning Code.
2. Location of off-street parking. Off-street parking shall only be located behind the structure.
3. Maintenance of existing driveway. The existing driveway width shall not be widened to accommodate the new commercial use.

17.50.080 - Day-Care Facilities

1. Large family day-care home. The establishment of a large family day-care home shall require that an application be filed with and approved by the Zoning Administrator. The application shall be approved if the Zoning Administrator determines that the application complies with the following regulations.
   1. Minimum separation between day-care homes. Within a residential district, there shall be no more than one large family day-care home allowed within 300 feet of another large family day-care home or child day-care center. If a large family day-care home is within 300 feet of another large family day-care home or child day-care center, then a Minor Conditional Use Permit shall be required.
   2. Plan for loading. The applicant shall submit a plan showing the location of a loading and unloading area for children.
   3. Noise standards. A large family day-care home shall comply with the noise regulations of Municipal Code Chapter 9.36.
   4. Parking. Off-street parking shall be provided at a ratio of one parking space for each employee other than the resident. Parking may be tandem and located on a driveway that leads to covered parking.
   5. Play equipment. Play equipment shall not be located within the front yard.
   6. Signs. Signs shall comply with the requirements of Chapter 17.48 (Signs).
2. Child day-care centers. Each child day-care center shall comply with the following requirements.
   1. Outdoor play space. A child day-care center shall provide an outdoor play space as follows.
      1. Minimum size. The total area of the outdoor play space shall be a minimum of 75 square feet per child.
      2. Location on site. No outdoor play space shall be within 25 feet of a residential structure on an abutting lot in an RS or RM zoning district.
      3. Screening fence. A wall or fence shall surround the outdoor play area. The minimum height of the wall or fence shall be equivalent to the maximum height of a wall or fence in the zoning district in which the site is located or six feet, whichever is less. If a fence with perforations through more than 50 percent of the surface area is provided, vertical landscaping shall be provided to screen the outdoor play area from adjacent properties.
   2. Side and rear landscape buffers. Landscaping shall be used to buffer noise in side and rear setback areas adjacent to RS zoning districts. The following minimum density of plant materials shall be maintained in these areas: For each 100 square feet of yard area or fraction thereof, 0.10 canopy trees (24 inch box or larger), 0.20 under-story trees (15 gallon or larger), and 2.0 shrubs (five gallons or larger). Where an existing mature landscape element is retained on the site, it may be counted as double in meeting these minimum requirements (e.g., where two canopy trees are required, one existing canopy tree may be used to meet the guideline).
   3. Parking. See Chapter 17.46. Parking shall not be located in an existing front or corner side setback unless located on a driveway leading to a covered parking space.
   4. Loading area. The location and design of passenger loading and unloading areas shall be reviewed and approved by the Department of Public Works.
   5. Refuse storage. A refuse storage area shall be provided in compliance with Section 17.40.120 (Refuse Storage Facilities).
   6. Outdoor lighting. Outdoor lighting shall comply with Section 17.40.080 (Outdoor Lighting).
   7. Hours of operation.

      1. The allowable hours of operation in residential zoning districts shall be established by the Conditional Use Permit required for the use.

      2. Outdoor activities may only be conducted between the hours of 7:00 a.m. and 7:00 p.m. in residential zoning districts and 6:00 a.m. and 7:00 p.m. in non-residential zoning districts.

17.50.085 - Donation Collection Facilities

1. Applicability. A Zoning Permit shall be required for existing and proposed donation collection facilities. The Zoning Administrator shall review and approve an application if it is in compliance with these standards.

2. Location. Only one facility per site is allowed. The facility shall be located:

    

   1. Only in a commercial, industrial, or PS district;

   2. Only as an accessory use to a commercial, industrial or public, semi-public use; and

   3. A minimum of 500 feet from a recycling facility or another donation collection facility. The separation between such facilities shall be measured in a straight line, without regard to intervening structures, from the closest part of one facility to the closest part of the other facility.

3. Setbacks. The facility shall be setback a minimum of 150 feet from a residential district boundary and shall be located at least 25 feet from a street property line.

4. Maintenance.  The site shall be kept clean, maintained in a litter-free condition and checked daily.  The property owner shall ensure that any graffiti or materials that are left outside of the facility are removed within 24 hours.

5. Violations.  A facility that does not comply with the ongoing requirements of this section shall be given notice of the violation, and ordered to comply with these standards within 10 days of the notice.  If the facility does not come into compliance with these standards within the 10 day period, the Zoning Permit shall be revoked.

17.50.090 - Drive-Through Businesses

1. Location requirements for restaurants with drive-through service. A fast food or formula fast food restaurant with drive-through service shall not be closer than 500 feet from the following uses: a park and recreation facility; a public or private school; or another fast food or formula fast food restaurant with drive-through service. The distance requirement shall be measured from site-to-site.

2. Additional application materials. In addition to the standard application requirements for a Conditional Use Permit, an applicant for a restaurant with a drive-through business shall submit a litter clean-up plan, a parking and circulation plan, and a site plan that includes: driveway locations, placement of audible equipment (if this type of equipment will be used), landscaping, light standards, sign locations, and trash enclosures. A litter clean-up plan shall address litter clean-up on-site and off-site and shall include, but not be limited to, a litter pick-up schedule and a map of the clean-up area.
3. Findings required for approval. The approval of a drive-through business shall require that the review authority first make all of the following findings, in addition to those required for a Conditional Use Permit by Section 17.61.050:
   1. The proposed parking and circulation plan will provide adequate area for safe queuing and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses; and
   2. The proposed location of the drive-through business will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan.
4. Disposable containers. A fast food or formula fast food restaurant with drive-through service shall have the name of the business establishment printed on all disposable containers and napkins.
5. Driveway cuts. The design and construction of the drive-through facilities shall minimize the number of driveway cuts.

17.50.100 - Electronic Game Arcades and Internet Access Studios

1. Separation required.
   1. Measurable requirements. Each exterior wall of an electronic game arcade and/or Internet access studio shall be at least:
      1. 500 feet from all boundaries of a site occupied by a day-care facility, park, public or private school, recreation facility, or religious facility that existed before the establishment of the electronic game arcade and/or Internet access studio; and
      2. 1,000 feet from the exterior walls of another electronic game arcade and/or Internet access studio.
   2. How to measure separation. The distance between any structure used as an electronic game arcade and/or Internet access studio and another structure used as a day-care facility, park, public or private school, recreation facility, religious facility, or an electronic game arcade and/or Internet access studio shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as an electronic game arcade and/or Internet access studio to the closest property line of another structure used as a day-care facility, park, public or private school, recreation facility, religious facility, or an electronic game arcade and/or Internet access studio.
2. Waiting areas.
   1. An interior waiting area for a minimum of eight persons shall be provided.
   2. Outdoor waiting areas are not allowed.
   3. Private rooms with doors or alcove areas are not allowed.
3. No alcohol allowed. No alcohol shall be served.
4. Transparent windows. The front windows shall be transparent.
5. Bathroom for patrons use. The facility shall be equipped with a bathroom that shall be available to patrons during normal hours the facility is open to the public.
6. Public telephone. Any public telephone shall be located within the structure.
7. No violation of gambling/gaming laws. There shall be no activity that would violate City or State gambling/gaming laws.

8. Monitoring of Internet sites.
   1. The computer screens shall be located so that anyone walking around the room(s) can clearly see the computer screens.
   2. The full time on-site manager shall monitor the use of Internet sites.
9. No loitering signs. No loitering signs shall be posted on the premises.
10. No live or amplified music. No live or amplified music is allowed; excluding music coming from the computers.
11. Hours of operation. The hours of operation shall be established through the Conditional Use Permit, in compliance with Section 17.61.050.

17.50.110 - Home Occupations

1. Purpose.
   1. The purpose of this Section is to allow for a home occupation business from a residential use while ensuring that the home occupation does not detract from nor is incompatible with the surrounding residential uses.
   2. The uses are intended to be clearly incidental to a residential use.
2. Permit requirement. A Home Occupation Permit shall be required before the establishment of a home occupation use. After receiving an application, a permit shall be issued by the Director upon the determination that the proposed home occupation use complies with this Section.
3. Permit is nontransferable. A Home Occupation Permit shall not be transferable.
4. Property owner's authorization required. For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a Home Occupation Permit.
5. Business License required.
   1. Upon approval of the Home Occupation Permit, a Business License shall be obtained.
   2. If a Business License is not renewed, the Home Occupation Permit shall become void.
6. Location and size. A home occupation use shall be conducted entirely within a structure and shall occupy no more than 500 square feet of floor area. The maximum floor area shall include on-site storage areas, and any portion of the home occupation that is located within an accessory structure.
7. Limitation on activities.
   1. There shall be no items other than products crafted on the premises. Items manufactured off-site may be sold through mail order or through the internet as long as the home occupation use (including storage area) does not exceed 500 square feet of floor area. The floor area maximum can be exceeded if the storage area is located off-site.
   2. Guns and ammunition shall not be sold as part of a Home Occupation Permit except that a home occupation for a gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith or firearm collector is allowed.
8. Employees, volunteers or independent contractors. Only a resident of the dwelling unit shall be employed in the operation of home occupation use. No volunteers, interns or independent contractors shall be part of a home occupation permit.
9. Commercial vehicles.

   1. Not more than one truck, equivalent in size to a truck marketed by the major vehicle manufacturer's as a 350 or 3500 series, incidental to a home occupation use shall be kept on the site.

   2. The truck shall not exceed a height of seven feet nor larger than that able to easily fit within the universal stall dimension of eight and one-half feet wide by 18 feet long.

   3. The number of off-street parking spaces accessory to a dwelling unit housing a home occupation shall not be reduced to less than that required in compliance with Chapter 17.46 (Parking and Loading).

10. Client/customer visits. A home occupation use shall not allow any clients or customers without prior appointments. Client/customer appointments are limited to the hours of 7 A.M. to 10 P.M., Monday through Friday.
11. Changes to dwelling or premises prohibited.
    1. There shall be no alteration to the residential character of the premises as a result of the home occupation use.
    2. The existence of a home occupation use shall not be apparent beyond the boundaries of the subject site.

12. Outdoor uses. No outdoor storage or display of equipment, appliances, materials, or supplies shall be allowed.

13. Signs and advertising. On-site signs advertising a home occupation use shall not be allowed. Paper and electronic advertisements are allowed (including business cards) as long as they do not include the address of the home occupation permit.

14. Additional standards. A home occupation use shall be in compliance with Section 17.40.090 (Performance Standards), Chapter 9.36 (Noise Restrictions) and Chapter 8.80 (Handling and Disclosure of Hazardous Materials).

15. Revocation. The Zoning Administrator may revoke a Home Occupation Permit that is not in compliance with these regulations as provided by Section 17.78.090 (Permit Revocation or Modification) after 15 days' written notice, unless the home occupation is altered to comply with these standards.

17.50.120 - Life/Care Facilities

1. Purpose. This Section establishes standards for the location, development, and operation of life/care facilities. These requirements are in addition to any applicable State and/or Federal requirements (for example, the Americans with Disabilities Act [ADA]).
2. Definitions. Definitions of the technical terms used in this Section are in Article 8 (Glossary of Specialized Terms and Land Use Types) under "Life/Care Facilities (land use)."
3. Maximum density. The number of residential dwelling units in a life/care facility shall not exceed the maximum density allowed by the applicable zoning district unless a density bonus is granted in compliance with Chapter 17.43 (Density Bonus, Waivers and Incentives). The allowable density of a life/care facility shall be determined by the review authority through the Conditional Use Permit process.
4. Minimum number of residential dwelling units required. The minimum number of residential dwelling units required to be provided within a life/care facility shall be equal to at least 10 percent of the total number of living units provided in the facility, or the total square footage of all residential dwelling units shall equal a minimum of 10 percent of the gross square footage of the structure, whichever option would result in the greatest number of residential dwelling units.
5. Not allowed in Northwest Plan area. Life/care facilities are not allowed in the Northwest Plan area in compliance with the impaction policies of the General Plan (See Policies 14.5 and 14.6).
6. Site layout and building standards.
   1. Setbacks.
      1. Except in the PS zoning district, each proposed structure shall comply with the multi-family development standards for the applicable zoning district (e.g., City of Gardens or Urban Housing.)
      2. If the proposed location is within the PS zoning district, the development standards shall be established through the Conditional Use Permit, in compliance with Section 17.61.050.
   2. Site coverage.
      1. Structures. The total ground floor area of all structures other than open carports shall comply with the site coverage limitations of the applicable zoning district.
      2. Landscaping and open space. A minimum of 30 percent of the total site shall be maintained as landscaping and open space.
   3. General design principles.
      1. Each structure shall be compatible in style, color, materials, height, and scale with the general character of the neighborhood.
      2. The building design and site layout shall define semi-public, semi-private, and private spaces; ensure a sense of protection and community identity; and minimize barriers to handicapped or elderly persons.
7. Accessory retail and service uses. A life/care facility may include accessory and retail service uses (e.g., barber and/or beauty shop, pharmacy, etc.) as determined to be appropriate by the review authority, as long as the use is limited to the residents of that facility.
8. Common facilities. The life/care facility shall be designed to provide common facilities (e.g., meeting rooms, recreation rooms and facilities, etc.) as required by applicable State and Federal regulations and licensing requirements, and as determined to be appropriate by the review authority.
9. Security lighting plan required. A security lighting plan shall be submitted by the applicant and approved by the City.
10. Safety equipment required. Indoor common areas and individual living units shall provide necessary safety equipment (e.g., safety bars) as well as emergency signal and intercom systems, subject to approval by the City.
11. Transit. The following transit facilities and services shall be provided for the residents as determined to be appropriate by the review authority.
    1. A bus turnout and shelter along the street frontage; and/or
    2. A private dial‑a‑ride transportation shuttle.

17.50.130 - Live Entertainment

1. Applicability. The following regulations apply to live entertainment when associated with a commercial entertainment, commercial recreation-indoor, or a bar or tavern.
2. Limitation on type of entertainment.
   1. The type of live entertainment provided shall only be that type approved under the Conditional Use Permit or Expressive Use Permit.
   2. If another type of entertainment is proposed, a new Conditional Use Permit or Expressive Use Permit shall first be obtained.
3. Location of entrances and exits. No entrance or exit shall face a residential use.
4. Litter control. Each disposable item provided by the establishment shall be printed with the name of the establishment. The applicable review authority may impose a condition requiring a litter cleanup program if it is determined that the proposed use may create a litter problem.

17.50.140 - Lodging - Bed and Breakfast Inns

1. Purpose. The purpose of this Section is to ensure compatibility between the bed and breakfast inn and nearby residential uses and provide an incentive for designation as a landmark.
2. Permit requirements. Minor Conditional Use Permit approval, in compliance with Section 17.61.050, shall be required to authorize the use of a structure in compliance with this Section.
3. Eligibility criteria. In order for a structure to be eligible for a Minor Conditional Use Permit for use as a bed and breakfast inn, the following conditions shall be met:
   1. The structure shall be located in a RM-16, RM-16-1, RM-32, or RM-48 multi-family residential or a CO, CL or CD zoning district; and
   2. The structure shall be designated as a landmark.
4. Exterior appearance. The exterior appearance of the structure housing the bed and breakfast inn in a residential zoning district shall not be altered from its original residential character except for allowed signs, and any structural modifications necessary to comply with Title 24 of the California Code of Regulations.
5. Limitation on guest rooms. The bed and breakfast inn shall be limited to a maximum of five guest rooms.
6. Limitation on services provided.
   1. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only.
   2. Separate/additional kitchens for guests are not allowed.
   3. A bed and breakfast inn within a residential zoning district shall not be used for private parties, receptions, or similar activities, unless the activities are specifically authorized by the Conditional Use Permit approval for the bed and breakfast inn, in compliance with Section 17.61.050.
7. Off-street parking.
   1. Off-street parking shall be provided at a ratio of one space for each guest room, plus two covered spaces for the on-site owner/manager of the bed and breakfast inn.
   2. Parking shall not be located in a front and/or corner side yard setback, including yard areas that may exceed the minimum setback requirements.
   3. Any night lighting for the parking area shall be limited to the minimum number of fixtures and illumination levels determined to be necessary for safety, and shall comply with Section 17.40.080 (Outdoor Lighting).
8. On-site management. A manager shall be present on the site at all times.
9. Signs. See Chapter 17.48.

17.50.150 - Lodging - Hotels and Motels

1. Minimum lot size outside the CD zoning district. The minimum lot size for hotels or motels located in the CG zoning district, the East Pasadena Specific Plan and the East Colorado Specific Plan, shall be 25,000 square feet.
2. Parking in the CD zoning district. Parking for hotels or motels located in the CD zoning district shall only be within an underground facility or parking structure.
3. Maximum number of kitchens allowed.
   1. A maximum of 60 percent of the guest rooms in a hotel or motel may contain a kitchen, as that term is defined in Article 8 (Glossary of Specialized Terms and Land Use Types).
   2. A Minor Conditional Use Permit may be approved to modify this provision in compliance with Section 17.61.050.
4. Minimum stay required. Hotel and motel guest rooms shall not be provided on less than a daily basis. (See definition of "Lodging (land use)" in Article 8 [Glossary of Specialized Terms and Land Use Types]).

17.50.155 - Massage Establishments

1. 500-foot separation required. A massage establishment shall be a minimum of 500 feet from another massage establishment, personal services restricted use, pawnshop or sexually oriented business.
2. 250-foot separation required. A massage establishment shall be a minimum of 250 feet from a residential district. This requirement shall not apply to Planned Development zoning districts.
3.  How to measure separation. The distance separation between the above identified uses shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a massage establishments to the closest property line of another structure used as another massage establishments, personal services restricted use, pawnshop, sexually oriented business or residential district.
4. Other permit requirements. A massage establishment shall comply with the permit requirements of Chapter 5.48 (Massage Establishments).

17.50.160 - Mixed-Use Projects

1. Purpose. The purpose of this Section is to ensure compatibility between the different land uses (e.g., residential and commercial) operating within a mixed-use project.
2. Zoning district standards. The density, floor area ratio (FAR), height, and street setbacks for a mixed-use development project shall be determined by the underlying zoning district.
3. Commercial structure required. When the residential units are located above the commercial uses, the structure shall be treated as a commercial type of structure for front and corner setbacks and no interior side setbacks shall be required. No rear yard setback is required unless specified for commercial uses.
4. Hours of operation. Outside the Central District the commercial portion of projects shall comply with the Limited Hours of Operation requirements (Section 17.40.070), if applicable.
5. Commercial uses along street frontages.
   1. Commercial uses shall be located along street frontages and have a minimum depth of 50 feet. The Zoning Administrator may reduce the commercial uses for a secondary street.
   2. On corner lots, the commercial space shall turn (wrap around) the corner for a minimum depth of 50 feet.
   3. The Zoning Administrator shall determine the primary frontage for purposes of compliance with this Subsection.
   4. On double-frontage lots, commercial uses shall be located along both street frontages.
   5. Projects within the Central District shall comply with Figure 3-4 (Ground Floor Concept).
6. Ground floor residential units allowed. Ground floor residential dwelling units located along secondary streets are allowed only if the structure is located on a corner lot.
7. Ground floor height. Projects located in the Central District shall comply with the minimum ground floor height requirements of Table 3-2.
8. Community space requirements.
   1. Community space defined.
      1. Community space shall include both indoor/interior space and outdoor open space.
      2. Community space can be in the form of private open space (e.g., balconies) or common open space (e.g., pool or side or rear setback areas.)
      3. An indoor recreational room of up to 600 square feet may be credited toward fulfilling this community space requirement.
      4. A utility easement may be credited toward fulfilling this community space requirement if it is properly landscaped in compliance with Chapter 17.44 (Landscaping).
   2. Minimum space per unit. Each development project shall provide a minimum of 150 square feet of community space for each dwelling unit.
   3. Front and/or corner side setbacks do not count. Required front and/or corner side setbacks shall not be credited toward fulfilling this community space requirement.
   4. Private open space.
      1. The private open space shall not exceed 30 percent of the total requirement for community space.
      2. Each private open space shall have a minimum six-foot dimension.
      3. This maximum 30 percent requirement may be modified by not more than five percent if determined to be necessary during Design Review.
   5. Community open space. Each community open space shall have at least one minimum dimension of 15 feet and the other dimensions shall be at least six feet, except for private open space (e.g., balconies or patios).
9. Balconies.

   1. Balconies may project no closer than six feet to an interior or rear property line and four feet into a front or corner side setback.

   2. Balconies shall have a minimum dimension of six feet in order to count as required open space.

   3. Balconies that are designed to project over the public right-of-way shall have prior approval from the Department of Public Works.

10. Inclusionary housing requirements. Mixed-use projects shall be subject to the inclusionary housing requirements of Section 17.42.040 (Inclusionary Unit Requirements).
11. Parking.
    1. Location. The mixed-use project may have parking located at grade level behind the ground floor commercial/residential uses on the street frontage.
    2. Number of parking spaces required. For new development projects, parking shall be provided in compliance with Table 4-6 for both the residential component and the commercial component. A minimum of one off-street parking space shall be located on-site for each residential unit in a new project.
    3. Guest parking required. Guest parking shall be provided for the residential units in compliance with Table 4-6 (Off-Street Parking Space Requirements B multi-family dwelling units).
    4. Off-site spaces. All other parking spaces designed to serve the residential units may be located off-site with a long-term parking lease agreement in compliance with Subparagraph 17.46.020 I. (Location and ownership).
    5. Distance requirements. Off-site parking for residential units shall meet the distance requirements for commercial customer/visitor spaces.
    6. Conversion of existing structures. Conversions of existing structures (including additions) may provide parking for the residential units off-site as long as they meet the distance requirements and there is a long term parking lease agreement all in compliance with Subparagraph 17.46.020 I. (Location and ownership).
    7. Overnight parking permits not allowed.
       1. City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with these regulations.
       2. Residential tenants shall be advised of the unavailability of on-street overnight parking permits.
12. Lighting. Lighting for commercial uses shall be appropriately shielded to not negatively impact the residential units.
13. Noise notification.
    1. Residents of a mixed-use development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area.
    2. The signature of the residents shall confirm receipt and understanding of this information.
14. Loading.
    1. Off-street loading. Off-street loading areas shall be located as far as possible from the residential units and shall be completely screened from view from the residential portion of the project.
    2. Loading and unloading of household goods. If the loading of furniture and household goods for the residential units is to occur on the street, it shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.
15. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

17.50.170 - Office Uses in Designated Historic Resources

1. Purpose. The provisions of this Section allow structures of historical significance that are located in specified residential zoning districts to be used for business and professional offices.
2. Limitation on use. The reuse of structures in compliance with this Section shall be limited to those uses included under the definition of "Office, Administrative Business Professional (land use)" in Article 8 (Glossary of Specialized Terms and Land Use Types).
3. Permit requirements. Minor Conditional Use Permit approval, in compliance with Section 17.61.050, shall be required to authorize the reuse of a structure in compliance with this Section.
4. Eligibility criteria. In order for a structure to be eligible for a Minor Conditional Use Permit for the reuse of a designated historic resource, the following conditions shall be met:
   1. The structure shall be located in an FGSP-RM-12, RM-16, RM-16-1, RM-32, RM-48, WGSP-1 or WGSP-2 zoning district; and
   2. The structure shall be designated as a landmark or listed individually on the National Register of Historic Places.
5. Conditions of approval. In granting a Minor Conditional Use Permit, the review authority shall, at a minimum, adopt the following conditions of approval.
   1. Any modifications to the exterior of the structure shall be subject to review and approval by the Historic Preservation Commission for consistency with the Secretary of the Interior's standards.
   2. The hours of operation of any business shall be limited to 7:00 a.m. through 8:00 p.m.
   3. Each structure may have one sign, not to exceed eight square feet in size. The sign may be freestanding or located on a building wall, and shall not exceed a height of four feet measured from existing grade. Any freestanding sign shall be located within five feet of the structure. The design and materials of any sign shall be compatible with the structure.
   4. Exterior lighting shall be designed to confine emitted light to the property, and the light source shall be visually screened from surrounding properties and streets in compliance with Section 17.40.080 (Outdoor Lighting).
   5. If a proposed use displaces residential households or tenants, the applicant or successor shall comply with Municipal Code Sections 16.46.050 and 16.46.060 relating to relocation financial assistance and counseling.
   6. Any structure with over 3,000 square feet of gross floor area shall provide at least one residential unit on the premises. Any bungalow court shall retain at least one bungalow as a residential unit.
6. Parking. Parking shall be provided as required by Chapter 17.36 (Parking and Loading) except as follows.
   1. A minimum of 2.5 parking spaces shall be provided for each 1,000 square feet of gross floor area.
   2. Parking shall not be allowed in the front or corner side setback areas of a corner lot.
   3. No loading space shall be required.
7. Expansion. The expansion of a use approved in compliance with this Section shall comply with the development standards of the CO (Commercial Office) zoning district.
   

17.50.180 - Outdoor Display, Storage, and Seasonal Sales

1. Outdoor display and storage.
   1. Where allowed. Outdoor display and storage of equipment, materials, merchandise, and storage bins may be authorized through Conditional Use Permit approval in the OS and PS zoning districts and are allowed by right in the CD, CG, and CL zoning districts.
   2. Standards. Where allowed, outdoor display and storage of equipment, materials, merchandise, or storage bins shall be in compliance with the following standards:
      1. Screening. Except for the land uses listed in Subparagraph d. (Exceptions to screening requirements), below, outdoor display and storage (including bins) areas shall be screened from view of public rights-of-way (not including freeways) and from adjacent residentially zoned property by a solid masonry wall or concrete fence. The height of the wall or fence shall be the maximum allowed by the applicable zoning district.
      2. Limitation on display and storage areas.

         (1) An outdoor storage area shall not exceed 50 percent of the total area of the site except where landscaping is provided in addition to the required setbacks in compliance with Subparagraph (2) below.

         (2) The additional landscaping shall be equal to at least 10 percent of the area of storage that is over the 50 percent of total site area, and shall be located on the outside of the required solid masonry screening wall(s).

         (3) The Zoning Administrator shall determine the location and distribution of the additional landscaping in order to ensure that the landscaping reduces the impact of the solid masonry wall(s).

         (4) No outdoor display or storage of equipment, materials, merchandise, or storage bins shall be located within a parking space or parking lot.

      3. Height of stored materials. If visible from the public right-of-way, the height of equipment, materials, merchandise, or storage bins stored or displayed shall not exceed the height of the screening wall or fence.
      4. Exceptions to screening requirements. Notwithstanding the provisions of this Subsection, outdoor display and storage shall be allowed only in conjunction with the following land uses in zoning districts where these land uses are allowed.

         (1) Nurseries and commercial growing grounds; provided the outdoor display and storage is limited to plants only;

         (2) Vehicle services - sales and leasing; provided the outdoor display and storage is limited to passenger vehicles offered for sale or rent; and

         (3) Farmers' markets.

   3. Special standards for the outdoor display of merchandise. The outdoor display of merchandise shall be allowed in the CD, CG, CL, and IG zoning districts in compliance with the following additional standards:
      1. The merchandise shall:

         (1) Not be located on the public right-of-way (including sidewalks); and

         (2) Be brought in only during hours that the business is not open.

      2. The sale of the merchandise shall be associated with a specific business located on the subject site.
      3. The outdoor display shall not:

         (1) Be located in the parking lot or in a landscaped area; and

         (2) Cover more than 50 percent of the structure's frontage.

      4. No temporary signs (except price signs) shall be displayed.
   4. Special standards for the outdoor storage of materials. The outdoor storage of materials shall be allowed in the CD, CG, and IG zoning districts in compliance with the following additional standards:
      1. The storage area shall be located to the rear of the lot and shall be screened by a solid masonry wall with a stucco finish if it faces a street;
      2. The wall shall not exceed six feet in height and shall be located outside of any required setback areas; and
      3. The outdoor storage area shall not exceed 50 percent of the total area of the site unless additional landscaping is provided in compliance with Subparagraph 2. b., above.
2. Storage of junk materials, goods, wares, or merchandise.
   1. Junk materials prohibited. No junk materials, goods, merchandise, or wares shall be stored or collected in any residential zoning district.
   2. Building materials allowed. Building materials to be used in the construction of any structure in any zoning district may be temporarily stored on the premises where the structure is to be built or renovated for not to exceed 60 days in advance of the commencement date of construction. In the event of any failure to proceed promptly with construction, the City shall serve written notice upon the owner requiring the removal of the building materials. A site may temporarily store construction equipment intended for off-site construction for a 60-day period only. A site may be used more than once or the 60-day limit may be extended upon approval of a Conditional Use Permit granted in compliance with Section 17.61.050. Before issuance of a Certificate of Occupancy, or a temporary Certificate of Occupancy, all building materials shall be removed from the subject lot.
3. Seasonal merchandise sales. Seasonal merchandise sales shall be conducted in compliance with the following standards.
   1. Duration. The maximum duration of seasonal merchandise sales shall be 45 days at one location.
   2. Hours of operation. Seasonal merchandise sales shall be allowed on a daily basis and may operate only between the hours of 7:00 a.m. and 10:00 p.m.
   3. Parking. Parking at a ratio of one space for each 2,000 square feet of lot area used for seasonal merchandise sales shall be provided.
   4. Temporary structures and signs. Temporary structures and signs shall be subject to the review and approval of the Zoning Administrator.
   5. Site cleanup. After the seasonal merchandise sales event is completed or after 45 days from the initial occupancy of the site, whichever first occurs, all associated structures and trash shall be removed from the site within 24 hours.
   6. Temporary Use Permit required. A Temporary Use Permit, issued in compliance with Section 17.61.040, shall be required if any of the above standards are not met.

17.50.190 - Personal Property Sales in Residential Zones

1. Personal Property Sales Permit required.
   1. No person may sell or dispose of personal property at a charity bazaar, garage sale, religious assembly use, yard sale, or similar event in an RS or RM zoning districts without first obtaining a Personal Property Sales Permit.
      1. The permit shall be obtained at least 24 hours before the proposed sale.
      2. Mailed applications shall be postmarked at least 72 hours before the proposed sale.
   2. The permit process is administered by the City's Code Enforcement Staff.
2. Application requirements. An application for a Personal Property Sales Permit shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for Personal Property Sales Permit or as may be required by the Director.
3. Standards. Personal property sales shall comply with the following standards:
   1. Personal property only. Items offered for sale for profit shall be limited to personal property not acquired for resale, owned by the applicant who shall be the resident of the dwelling where the sale is to be conducted.
   2. If nonprofit organization joins in application. Personal property from several donors may be sold only if a nonprofit organization joins in the application and states that it will receive the entire net proceeds from the sale.
   3. Signs. One temporary on-site sign advertising the sale, not exceeding four square feet in area, is allowed during a sale.
   4. Limitation on number and duration of sales. A Personal Property Sales Permit shall be issued for a maximum of two sales, each not exceeding three consecutive days, for each site within any 12-month period.
   5. Display of merchandise. Merchandise shall not be displayed on fences, walls or the public right-of-way.

17.50.200 - Personal Services - Restricted and Pawnshops

1. 500-foot separation required. A personal services restricted use or pawnshop shall be a minimum of 500 feet from another personal services restricted use, pawnshop or massage establishment.
2. How to measure separation. The distance between any structure used as a personal services restricted use or pawnshop and another structure used as a personal services restricted use or pawnshop shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a personal services restricted use or pawnshop to the closest property line of another structure used as a personal services restricted use or pawnshop.

17.50.210 - Private Residential Recreational Facilities

1. Allowed outdoor lighting. Golf facilities, sport courts, and other recreational facilities in conjunction with a single-family dwelling or residential project may have outdoor lighting only with a Minor Conditional Use Permit approved by the Hearing Officer in compliance with Section 17.61.050.
2. Compliance with Section 17.40.080. Any approved lighting shall comply with the requirements of Section 17.40.080 (Outdoor Lighting).
3. Allowed fences. Fences allowed in conjunction with the recreational facilities (e.g., tennis court), shall be reviewed through the Minor Conditional Use Permit required for the recreational facility, in compliance with Section 17.61.050. The Minor Conditional Use Permit shall determine the height, location, and materials of the fence.
   

17.50.220 - Recycling Facilities

1. Small collection facilities.
   1. Applicable facilities. The facility shall only be established in conjunction with a commercial, community, or public facility.
   2. Permit requirements. The location and type of the facility on the site shall be subject to the approval of a Minor Conditional Use Permit issued in compliance with Section 17.61.050.
   3. Location. The facility shall be located on a site that is a minimum of two acres.
      1. As close as possible to the main structure they are intended to serve; and
      2. At least 150 feet from the nearest residential use.
   4. Limitation on number. There shall be no more than one facility for each site.
   5. Size of facility. The maximum height of the bins, boxes, and/or containers shall be reviewed through the Minor Conditional Use Permit process.
   6. Materials of construction. The facility shall be constructed and maintained with durable waterproof and rustproof material, and the bins, boxes, or containers shall be covered and contained in such a manner that they do not present a danger to the public health, safety or welfare.
   7. Site maintenance. The site shall be kept clean and maintained in a litter-free condition at all times.
   8. Identification of allowed materials. The facility shall be clearly marked to identify the type of materials to be deposited.
   9. Signs. Signs shall be reviewed during the Minor Conditional Use Permit process and shall comply with Chapter 17.48 (signs).
2. Large collection facilities.
   1. Permit requirements. The location and type of the facility on the site shall be subject to the approval of a Conditional Use Permit issued in compliance with Section 17.61.050.
   2. Location. The facility shall be located:
      1. Within an enclosed structure; and
      2. At least 100 feet from the nearest residential use.
   3. Storage requirements.
      1. All storage of material shall be in sturdy containers or enclosures with tightfitting covers, which are secured and maintained in good condition, or shall be baled or pelletized.
      2. The depositing of materials on the ground is prohibited.
      3. Storage containers for flammable material shall be constructed of nonflammable material.
      4. Oil storage shall be in containers approved by the Fire and Health Departments.
   4. Performance standards. The facility shall comply with the environmental performance standards of Section 17.40.090.
   5. Identification and signs. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and information signs shall meet the sign standards for the zoning district in which the facility is located.
   6. Allowable materials. Recyclable materials shall be presorted and shall include no hazardous materials.
   7. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.
   8. Maintenance. The site shall be maintained free of litter and any other unsanitary materials and shall be cleaned of debris on a daily basis. The facility shall be maintained free from rodents at all times.

17.50.230 - Religious Facilities

1. Development standards.
   1. In residential zoning districts.
      1. The development standards for religious assembly uses located in residential zoning districts shall be as specified in the Conditional Use Permit, issued in compliance with Section 17.61.050, except that the interior side setback shall be a minimum of 15 feet and the rear setback shall be a minimum of 25 feet.
      2. The front and corner side setbacks shall be the same as that required for an allowed use.
   2. In commercial zoning districts. The development standards for religious assembly uses located in commercial zoning districts shall be in compliance with the subject zoning district.
2. Storefront windows and doors. If the use is proposed to be located in an existing structure, any storefront windows and doors shall remain. All windows shall be transparent.
3. Hours of operation for accessory uses. Uses accessory to a religious assembly use in an R district other than temporary homeless shelters may only operate between 9:00 a.m. and 9:00 p.m. by right; and between 9:00 p.m. and 9:00 a.m. subject to a Conditional Use Permit issued in compliance with Section 17.61.050.
4. Columbariums. A columbarium in conjunction with a religious facility shall comply with the following requirements.
   1. Location on site. The columbarium shall not project beyond the front foot of the building occupancy of the religious facility.
   2. Enclosure required within residential zoning districts. A columbarium within a residential zoning district shall be located only within in a structure enclosed on all sides.
   3. Standards for outdoor facilities. A columbarium located outside of a structure shall comply with the following requirements.
      1. The columbarium shall be set back a minimum of 20 feet from each property line, but shall be set back 100 feet from any property line abutting a residential use or a residential zoning district.
      2. The height of the columbarium shall not exceed eight feet.
      3. A masonry wall with a minimum height of six feet shall screen the columbarium from streets and adjacent lots.
      4. Landscaping shall be provided at a ratio of two square feet of landscaping for each square foot of columbarium area.
   4. Parking requirements. The religious facility shall provide the minimum number of parking spaces required in Chapter 17.46 (Parking and Loading).
   5. Contact information. The name, address, and telephone number of the individual, owner, board of trustees, or designated caretaker responsible for the maintenance of the columbarium shall be kept on record in the office of the religious assembly use.
   6. Relocation after closure of religious facility. Upon discontinuance of the religious assembly use, the columbarium shall be relocated in compliance with all applicable State laws.
5. Temporary homeless shelters. Where allowed by the applicable zoning district, a religious assembly use may use the site for a temporary homeless shelter without having to obtain a Conditional Use Permit if the following requirements are met:
   1. Within the residential zoning districts and the CO and PS zoning districts, the religious facility was authorized through Conditional Use Permit approval;
   2. No rent or fees of any kind are charged for the service offered to homeless persons;
   3. Except within commercial zoning districts, the facility that is used to house homeless persons accommodates a maximum of 10 persons at any one time. Within commercial zoning districts, there is no limitation on the number of homeless persons that can be accommodated;
   4. Homeless persons reside at the facility a maximum of 60 days;
   5. Occupancy by homeless persons at the facility commences upon the religious facility receiving a Certificate of Occupancy; and
   6. The fee for a Certificate of Occupancy required by Municipal Code Chapters 14.37 and 17.61 shall not be required of a religious facility that seeks a Certificate of Occupancy for a temporary homeless shelter.

17.50.240 - Research and Development Facilities

1. Applicability. Research and development facilities, as this land use type may be defined in Article 8 (Glossary of Specialized Terms and Land Use Types) may exceed the height limit and appurtenance roof coverage provisions identified in this Zoning Code.
2. Height and appurtenance roof coverage provisions.
   1. Height limits. The height limit may be exceeded by a maximum of 10 feet (excluding the appurtenance height) in order to accommodate additional mechanical equipment between floors. However, no additional floor area shall be allowed by this provision.
   2. Appurtenance roof coverage encroachments. Section 17.40.060.D.2.a. specifies that 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. However, the allowable appurtenance roof coverage for research and development facilities may exceed the height limit for up to 50 percent of the roof area.
3. Allowed by Minor Conditional Use Permit. The height and/or appurtenance roof coverage provisions may be exceeded to the maximum limits identified in Subsection B., above through the approval of a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.

17.50.250 - Residential Uses - Accessory Uses and Structures (See Interpretation)

1. Limitation on use. Accessory structures shall be limited to uses which are accessory to the main use, including but not limited to, cabana, garage or carport, gazebo, greenhouse, pergola, pool, or hot tub and related equipment, or workshop. An accessory structure shall not be used for sleeping quarters.
    
2. Restricted items and facilities.

   1. Prohibited facilities. Bathtubs, fireplaces, and kitchens (full or partial) are prohibited within accessory structures. (See Interpretation)

   2. Allowed, but restricted facilities. Air conditioning, heating, shower, toilet, washtub, and/or washer and dryer facilities are allowed within accessory structures; however:

      1. When an accessory structure contains air conditioning, heating, shower, and/or toilet facilities, a covenant shall be required.

      2. The covenant shall state that the structure is an accessory structure and shall be maintained as an accessory structure and not be used for sleeping quarters or be converted to a residential use.

      3. The purpose of this covenant is to ensure that subsequent owners of the property are aware of the restrictions on the property.

   3. Attic area and stairs. The area above the ceiling joists may only be used as a storage area. This storage area shall be accessed only by a pull down stairs.

   4. Other related items. Other related items not listed above may only be allowed if first approved by the Zoning Administrator. (See Interpretation)

3. Timing of construction. An accessory structure shall not be constructed before the main structure.
4. Limitation on location.
   1. An accessory structure shall not occupy a required front or corner side setback.
   2. An accessory structure may be located in a required side or rear setback; provided it is more than 100 feet from the front property line or in the rear 25 feet of the site.
   3. A lot abutting on the front 100 feet of a key lot shall maintain a minimum four-foot rear setback.
5. Size, height, and setback requirements.
   1. Height limits.
      1. Nine-foot limit with two-foot setback. An accessory structure shall not exceed a height of nine feet, but only if located two feet from a property line.
      2. Nine-foot top plate. The height of the top plate of an accessory structure shall not exceed nine feet.
      3. Encroachment plane and setback. The overall height of an accessory structure (excluding the top plate height) may rise above the nine-foot height limit as it steps or slopes away from the two-foot initial setback, but shall not intercept an encroachment plane sloping inward from a point nine feet in height (beginning at the two-foot setback) and rising a maximum of one and one-half feet for each one foot of distance starting at the two-foot setback.  See Figure 5-1.
      4. 15-foot limit. An accessory structure may raise to, but shall not exceed, an overall height of 15 feet, but only in compliance with Subparagraph c., immediately above.
      5. Modification by Minor Conditional Use Permit. In order to achieve a design that is architecturally compatible with the main structure, the maximum height (including the top plate height) may be modified by a Minor Conditional Use Permit, granted in compliance with Section 17.61.050.

      6. Modification by Historic Preservation Commission. For designated landmarks or structures in a designated historic district, the maximum height (including the top plate height) of an accessory structure may be exceeded without a Minor Conditional Use Permit, but only if approved by the Historic Preservation Commission, and only upon finding that the greater height is necessary in order to achieve a design that is architecturally compatible with the main structure.

   Figure 5-1 – Encroachment Plane and Setbacks for Accessory Structures

    

    

   2. Length of structure walls.

       

      1. In order to prevent an excessive amount of structure located along a property line, the maximum horizontal length of an accessory structure that can be located less than five feet from the property line shall be limited to 22 feet.
      2. Any portion of the structure that exceeds 22 feet in length and is less than five feet from the property line, shall be required to be set back a minimum of five feet from the property line.
6. Separations between structures.
   1. Utility pole. When a utility pole is located on the same site as a proposed accessory structure, a minimum separation of at least four feet shall be maintained between the pole and the accessory structure.
   2. Other structures. An accessory structure, other than mechanical equipment, a hot tub, or a swimming pool, shall maintain a minimum separation of six feet from any other structure (excluding walls and fences) on the site. The separation shall be clear and unobstructed by any encroachments.
   3. Pools and hot tubs. Pools, hot tubs, and related equipment, and all mechanical equipment shall not be closer than five feet from a property line. The Zoning Administrator may modify this requirement for pool equipment when adjacent to an alley.
7. Maximum floor area of accessory structures.
    
   1. Maximum size.
       
      1. Projects using the RS standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.
      2. Projects using the RM-12 standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater. However, an additional 200 square feet is permitted if used for covered parking.
      3. Projects using other multi-family standards. The maximum size of all accessory structures on a site shall not exceed an aggregate of 600 square feet or six percent of the lot size, whichever is greater.
   2. An accessory structure (or portion of an accessory structure) with a roof that is at least 50 percent open shall not be included in the calculation of the maximum allowable size. All other accessory structures shall be counted in the calculation of the maximum allowable size including carports, gazebos, or covered patio or porches. A basement below an accessory structure or a stand alone subterranean structure shall be included in the calculation of the maximum allowable size.

8. Garages and carports. (See Interpretation)
   1. Attached garages. On a lot 50 feet in width or wider, an attached garage that is visible from the street shall not occupy more than 50 percent of the structure frontage of the main structure.
   2. Carports. A carport shall only be located behind the main structure and not visible from a public right-of-way, and shall not be allowed on a corner lot.

17.50.260 - Restaurants and Fast Food Restaurants

1. Bars and outdoor dining areas.

    

   1. Bar areas. Bar areas shall be defined by a barrier approved by the Zoning Administrator.

   2. Outdoor dining areas. Outdoor dining areas shall be defined by landscaping or other barriers approved by the Zoning Administrator.

2. Disposable containers and napkins. Fast food restaurants with exterior take-out windows shall have the business name printed on all disposable containers and napkins.

3. Fast food and formula fast food restaurants and drive-through. See Section 17.50.090 (Drive-Through Businesses).

17.50.270 - Schools, Private

1. Indoor classroom area. Indoor classroom area (exclusive of bathrooms, hallways, kitchens, offices, and other nonclassroom space) shall be 24 square feet for each child enrolled.
2. Outdoor play area.
   1. In residential zoning districts, a minimum of 125 square feet shall be provided for each child enrolled.
   2. In nonresidential zoning districts, a minimum of 75 square feet shall be provided for each child enrolled.
   3. No outdoor play area shall be located within a required front or corner side setback or within 25 feet of a residential use.
3. Traffic control plan. The applicant shall submit a traffic control plan showing how loading and unloading of school children will occur with minimum disruption to traffic.
4. Noise. Each school shall be designed and operated to comply with the noise regulations of Municipal Code Chapter 9.36.

17.50.275 - Second Dwelling Units

1. Applicability. The following standards apply to the construction of second dwelling units.
2. Location and operational standards.
   1. A second dwelling unit may be constructed on any legal parcel of 15,000 square feet or more in any RS zoning district.
   2. Second dwelling units are prohibited on properties located within the Hillside and Landmark Overlay Districts.
   3. Second dwelling units shall only be built when there is an existing single-family residence (e.g., primary residence) on the site. If a site is vacant, a second dwelling unit may be constructed at the same time as the primary residence.
   4. There shall be a minimum distance of 500 feet between properties with second dwelling units constructed under these provisions. This distance shall be measured from the nearest property line of the parcel on which the second dwelling unit is proposed to the nearest property line of the parcel containing a second dwelling unit.
   5. The property owner shall occupy one of the two units on the site as a primary residence. If thereafter the owner occupies neither unit, the second dwelling unit shall automatically become a nonhabitable space, shall not be used as a dwelling, and shall not be rented.
   6. A second dwelling unit is only allowed on a lot that is connected to a public sewer system.
   7. Existing single-family structures shall not be demolished to allow the construction of a second dwelling unit.
   8. Trailers or prefabricated housing shall not be allowed to be used as a second dwelling unit.
   9. No more than 20 new second dwelling units shall be allowed per calendar year within the City boundaries, with no more than 200 allowed within a ten-year period.
   10. Some flexibility from the standards of this ordinance is allowed for the relocation of a historic resource onto the front of a property with an existing single-family residence. Flexibility could include using the rear house as a second dwelling unit even though it may exceed the maximum size for a second dwelling unit. Waivers from these standards to accommodate the relocation of a historic resource shall be subject to the review and approval of the Director.
3. Development standards.
   1. Except as identified in this Subsection, second dwelling units shall comply with all of the development standards (e.g., encroachment plane, floor area, height, lot coverage, setbacks, etc.) that apply to the primary residence.
   2. A second dwelling unit shall not be more than 800 square feet in gross floor area.
   3. A second dwelling unit shall be limited to a height of one story, not to exceed 12 feet to the top plate and 17 feet to the highest ridgeline, and shall not exceed the height of the primary residence.
   4. A second dwelling unit shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size.
   5. A minimum building separation of six feet shall be maintained (eave to eave) between the primary residence and a detached second dwelling unit. A minimum building separation of 10 feet shall be maintained (eave to eave) from the entrance of a second dwelling unit if it is facing the wall of another structure on the property.
   6. No entry to a second dwelling unit shall be visible from the public right-of-way.
4. Parking and circulation standards.
   1. The primary residence shall provide the required two covered parking spaces on site before allowing a second dwelling unit on the subject property. An additional two covered parking spaces shall be provided on-site for the second dwelling unit.
   2. No overnight parking permits shall be issued for a property with a second dwelling unit approved under these provisions.
   3. A second dwelling unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site.

17.50.280 - Senior Affordable Housing Regulations

1. Density. Density shall be a maximum of 48 units per acre. A maximum of 50 percent density bonus is allowed. Projects shall meet all other density bonus provisions under 17.43 (Density Bonus, Waivers and Incentive) and are eligible for incentives.
2. Development standards. Development standards including the number of parking spaces shall be prescribed and reviewed as part of the Conditional Use Permit, except that the front setback shall be a minimum of 20 feet, and the rear, side, and corner side yard setbacks shall be a minimum of 10 feet. Parking may be uncovered and located within the rear yard setback.
3. Location. A Senior Affordable Housing project shall be located within 500 feet of a Medical Office or Medical Services - Hospital use. The Medical Office use or Medical Services - Hospital use shall be located within the PS district.
4. Occupancy. Each unit shall be occupied by at least one senior citizen.

17.50.290 - Service Stations, Vehicle Washing, and Detailing

1. Applicability. The following standards apply to the new construction, remodeling, or expansion of service stations and vehicle washing and detailing businesses.
2. Application requirements. A lighting plan shall be submitted with the Conditional Use Permit application. Lighting requirements shall comply with the outdoor lighting requirements of Section 17.40.080.
3. Minimum site area. A service station, vehicle washing and detailing business, or combination thereof shall be located on a site of at least 15,000 square feet, with a minimum of 125 feet of frontage on a public street. This requirement shall not apply to the remodeling or expansion of a preexisting service station or vehicle washing and detailing business.
4. Site layout.
   1. Mobile recycling trucks, and temporary, nonpermanent structures may not be located on a service station or vehicle washing and detailing site without Conditional Use Permit approval.
   2. Ancillary services (e.g., air, water, telephone, and vending machines) shall be located in an area that does not impede vehicular traffic.
   3. A cashier kiosk shall be constructed to provide safe access for patrons. A minimum of three pedestrian queue spaces for each service station site shall be provided.
   4. The site plan/site layout shall be designed to ensure maximum security for employees and patrons.
5. Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter 17.46 (Parking and Loading), except where a structure adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas. The landscape plan shall comply with Chapter 17.44 (Landscaping) and all applicable design guidelines.
6. Storage of materials and equipment.
   1. The provisions of Section 17.50.180 (Outdoor Display, Storage, and Seasonal Sales) shall apply, except that a display rack for motor vehicle products may be maintained at each pump island of a service station.
   2. If display racks are not located on pump islands, they shall be placed within three feet of the main structure, and shall be limited to one for each street frontage.
   3. Storage of inoperative vehicles is prohibited.
   4. The location of display racks and vending machines shall be specified by the Conditional Use Permit.
7. Restrooms. All restroom entrances shall be screened from view from adjacent properties or street rights-of-way. Screening material may be partially open or perforated provided the openings or perforations do not constitute greater than 50 percent of the total screening surface area and are uniformly distributed throughout the screening material.
8. Dispensing machines. The location of food, cigarette, and/or soft-drink vending machines and Automated Teller Machines (ATM's) shall be shown on the plans submitted and shall be reviewed as part of the Conditional Use Permit process. No game machines shall be allowed on a service station site.
9. Equipment rental. Outdoor storage of, and sale, lease, or rental of trailers, trucks, or similar equipment shall be reviewed as part of the Conditional Use Permit process.
10. Vehicle washing and detailing - Drainage. Each vehicle washing and detailing business (both large and small scale) shall provide evidence of compliance with the regulations of the Sanitation District of Los Angeles County related to drainage. Discharge into the storm drain system is not allowed without approval from the Los Angeles County Regional Water Quality Control Board.
11. Vehicle washing and detailing - small-scale businesses. A small-scale vehicle washing and detailing business shall be located within a parking structure having a minimum of 500 vehicle parking spaces.
12. Service stations - minimum number of fueling positions. A full-service station in the CL zoning district shall have a minimum of eight fueling positions.
13. Site maintenance. All paved areas shall be maintained grease-free.

17.50.295 – Sexually Oriented Businesses

1. Definitions. The technical terms and phrases used in this Section are defined in Article 8 (Glossary of Specialized Terms and Land Use Types) under "Sexually oriented business (land use).”

2. Purpose.  It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City.  The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials.  Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.  Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.  Findings and rationale supporting this purpose are set forth in the uncodified provisions of the ordinance adopted to implement this Section.

3. Location requirements.  Sexually oriented businesses shall be permitted in only the CG zoning district and shall be subject to the following conditions:

1. No sexually oriented business is allowed in the Lincoln Corridor (CG-1).

2. No sexually oriented business is allowed within 500 feet of any child day-care center (excluding large and small family day-care homes), park and recreation facility, public or private school, or religious facility (excluding temporary uses), that existed before the establishment of the sexually oriented business.
3. No sexually oriented business is allowed within 250 feet of a RS or RM district.   Measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest point on a lot line of the sexually oriented business premises to the closest point on a lot line of any child day-care center, park and recreation facility, public or private school, religious facility, or parcel in a RS or RM district.
4. No more than two sexually oriented businesses are allowed within a 250 foot radius, drawn around the proposed use.  Measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest point on the lot line of the proposed sexually oriented business premises to the closest point on the lot line of any other sexually oriented business.
5. No location in the City shall be disqualified by virtue of its proximity to a land use located outside the jurisdictional boundaries of the City.

4. Nonconforming sexually oriented businesses.  Notwithstanding anything to the contrary in the Pasadena Code, any sexually oriented business located within the City of Pasadena on the date the foregoing restrictions become effective, which is made a nonconforming use by this provision, shall be terminated within 12 months of the date this provision becomes effective.  A nonconforming sexually oriented business may obtain an extension, based upon a showing of financial hardship, of its amortization period upon the approval of a written application filed with the Department no later than 60 days prior to the end of such 12 month amortization period.

    

   1. Procedure for seeking hardship extension.  An application for a hardship extension shall be filed in writing with the Department, and shall include payment of an application fee, evidence of purchase and/or lease and improvement costs, income earned and lost, depreciation, and costs of relocation.  The Department shall determine whether the application is complete within ten days.  Within thirty days after determining that the application is complete, the Department shall schedule a hearing on the application before the Hearing Officer, which hearing shall be conducted within 30 days after the Department’s receipt of the complete application. 

   2. Standards for obtaining hardship extension.  The Hearing Officer shall issue a written decision within ten days after the hearing on the application for a hardship extension, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction.  A reasonable hardship extension shall be granted upon a showing that the nonconforming sexually oriented business is unable to recoup its investments, made prior to the effective date of this Ordinance, in its current location unless the hardship extension is granted.  An extension under this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Hearing Officer makes all of the following findings or such other findings as are required by law:

       

      1. The applicant has made, prior to the effective date of this ordinance, a substantial investment, including but not limited to lease obligations incurred in an arms-length transaction, in the property or structure on or in which the nonconforming use is conducted;
      2. The applicant will be unable to recoup said investment as of the date established for termination of the use;
      3. The applicant has made good faith efforts to recoup its investment, including an attempt to assign the lease, sell or use the property in a manner, and for a use, permitted in the location and has been unsuccessful in his efforts.

17.50.300 - Single Room Occupancy (SRO) Facilities

1. Limited Commercial (CL) district. Notwithstanding the provisions of Section 17.71.080, existing nonconforming single-room occupancy residential in the Limited Commercial (CL) zoning district may be altered to comply with the following single-room occupancy residential development standards without obtaining a Conditional Use Permit.
2. Site area per unit. Site area per unit standards shall not apply to single-room occupancy facilities.
3. Unit size and occupancy. The minimum size of a unit shall be 150 square feet and the maximum size shall be 220 square feet which may include bathroom and/or kitchen facilities.
4. Common area. A minimum of 10 square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Zoning Administrator may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.
5. Management. A single-room occupancy management plan shall be submitted to, reviewed, approved and enforced by the Housing Administrator of the Housing and Development Department. The management plan shall be approved before issuance of a Certificate of Occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures and staffing needs including job descriptions. The approved management plan shall be in recordable form as approved by the City Attorney and recorded before issuance of a Certificate of Occupancy. A 24-hour resident manager shall be provided for any single-room occupancy use with 12 or more units.
6. Development regulations. Each single-room occupancy facility shall comply with all applicable commercial development standards for the applicable zoning district.
7. Parking. See Chapter 17.46 (Parking and Loading).
8. Kitchen facilities. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.
9. Bathroom facilities. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

17.50.310 - Telecommunications Facilities

1. Applicability. Wireless telecommunications antenna facilities shall comply with the following requirements. The provisions of this Section do not apply to satellite earth station antennas due to preemption by Part 25 of Title 47 of the Code of Federal Regulations. The provisions of this Section also do not apply to wireless telecommunications antenna facilities in the public right-of-way, which are governed by Chapter 12.22 of the Municipal Code.
2. Definitions. The Specialized terms and phrases used in this Section are defined under "Telecommunications Facility Definitions" in Article 8 (Glossary).

3. Special notice. All notices required by this Subsection shall be provided in compliance with Chapter 17.76 (Public Hearings).

    

   1. Notices of public hearings for Wireless Telecommunications Antenna Facilities, Major, shall also be mailed to occupants of buildings and registered neighborhood associations within 1,000 feet of the primary use site boundary.
   2. Notices of public hearings for Wireless Telecommunications Antenna Facilities, Minor, shall also be mailed to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary.

   3. Notices of application submittal and comment periods for Wireless Telecommunications Antenna Facilities, SCL, shall be mailed as follows:

       

      1. In residential districts, to occupants of buildings and registered neighborhood associations within 300 feet of the primary use site boundary. The comment period is 30 days.
      2. In all other zoning districts, to abutting property owners, and posted as set forth in Section 17.76.020.B(2). The comment period is 30 days.

4. Requirements for all facilities.

    

   1. Prohibited fencing materials. The use of chain-link fencing or razor wire in the design of a facility or related support facilities is prohibited.

   2. Screening required. Support facilities housed outside of structures shall be screened from public view by fences, landscaping, trellises, walls, and similar treatments.
   3. Design Guidelines. Facilities subject to this section shall comply with any design guidelines adopted by resolution of the Council.
   4. Illumination. Building-mounted facilities and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.
   5. Signs. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a facility is attached. Each facility shall be located a minimum of 25 feet from an existing off-premises sign or an on-premises freestanding sign.
   6. Site maintenance. The site of the facilities shall be maintained in a condition free of debris, refuse, and trash. All graffiti shall be removed within 48 hours.
   7. Radio Frequency Emissions Compliance. Upon installation of the facility, the applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed Federal Communications Commission standards, including FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director determines the wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in the FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended, in areas accessible by the general population, the Director may require post-installation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant. Applications for amateur radio antennas or antennas installed for home entertainment purposes are exempt from this requirement.
   8. Posting of removal bond or security. Before the issuance of any permit under this section, the applicant shall post with the City a performance bond or other security in an amount rationally related to the cost of removal.
   9. City’s use of consultant. The Director may require the applicant to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use, including issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law.

   10. Inoperable or unused facilities.

        

       1. If a support structure, or an antenna array affixed to a building or support structure, becomes inoperable or ceases to be used for a period of 180 consecutive days:

           

          1. The permittee shall give written notice of inoperability or nonuse to the Zoning Administrator; and

          2. The antenna array and, if applicable, the support structure shall be removed within 90 days.

       2. If removal does not occur, the City may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.

   11. Length of permit and extension.

        

       1. A permit issued under this section shall be valid for an initial period of not less than 10 years.

       2. Upon expiration of the initial period, the permit may be extended by a decision by the Director for a period no longer than the initial period upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in this Code which are in effect at the time of the permit renewal request.

       3. The Director shall provide notice of the extension only to the applicant, all persons who have filed a written request for notice of the extension, the Planning Commission, and the City Council.

   12. Existing agreements. This section does not apply to the terms and conditions of any agreement or permit (including an extension) pertaining to telecommunications facilities (issued by the City or of which the City is a party) that is already in existence at the effective date of this ordinance, provided that the agreement or permit does not result in a material change (including changes in size, shape, color, or exterior material) of the telecommunications facilities covered by such existing agreement.

        

   13. City-owned real property. Any wireless telecommunications antenna facility permitted to be located on City-owned real property shall comply with any of the conditions in Section 12.22.180 of the Municipal Code as determined applicable by the Director, in addition to the other requirements of this section. For purposes of this Subsection, all references in Section 12. 22.180 to “Director” shall mean the Director of Planning and Development.

    

5. Requirements for new support structures. (Wireless Telecommunications Antenna Facilities, Major).

    

   1. Projection from roof prohibited. No new support structure may project from the roof of a building.
      The antenna array on a multiple-use facility may be approved to extend up to 15 feet above the height of the primary use (e.g., 15 feet above the required height of athletic field lights).
   2. Separation from buildings. A new support structure shall be a minimum of 10 feet from a building on the same site unless that building houses equipment accessory to the support structure.
   3. Setback from residential. Where permitted, a new, support structure, including any accessory structure, shall be located at a minimum distance equal to but not less than 100 feet from the site of any residential use or any residentially zoned land.

   4. Co-location. The co-location of antennas on a single support structure is encouraged. This includes co-location with other wireless telecommunications antenna facilities including those of public and quasi-public agencies using similar technology unless specific technical constraints preclude co-location.

   5. Camouflage. A new support structure that is designed to look like a faux tree or flag pole shall comply with the following requirements:

       

      1. Flag Poles. A flag shall be flown and properly maintained at all times, and the base of the pole shall be appropriately tapered to maintain the appearance of an actual flag pole.

      2. Faux Trees. If a faux tree is proposed, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

   6. Height limit. Where allowed, support structures shall not exceed a maximum height of 50 feet above existing grade in any zoning district.

   7. Justification Study. The applicant shall submit a justification study indicating the rationale for selecting the proposed use, a detailed explanation of the coverage gap that the proposed use would serve, and how the proposed use is the least intrusive means for the applicant to provide wireless service.

   8. Location.

       

      1. A support structure and any related ground-mounted equipment cabinet shall not be located within an area devoted to a vehicle/pedestrian circulation area in such a manner that it interferes with or impairs the utility of intended function of such area.

      2. Where feasible, unutilized space should be made available for co-location with other wireless telecommunications antenna facilities, including space for entities providing competing services. Co-location of wireless telecommunications antenna facilities is not required in cases where the addition of new service of facilities would cause service impairment to an existing facility, or if it became necessary for the host facility to go off-line for a significant period of time.

      3. A support structure shall not be located within any designated historic district or landmark district.

      4. A support structure shall not be located within any City-owned library property.

   9. Distance Requirement. There shall be a 500-foot distance requirement between each site containing an individual support structure, measured from site to site.

   10. Finding required for approval.

        

       1. Required finding. No new support structure will be allowed unless the review authority, in addition to the findings required by Section 17.61.050.H, first finds that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility.

       2. Evidence to support finding. Evidence supporting the required finding will be reviewed by the Zoning Administrator and may consist of any of the following:

           

          1. No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility;

          2. Existing buildings or support structures are not of sufficient height to meet the applicant's operational or engineering requirements; or

          3. The applicant's proposed facility would create radio frequency interference with an existing structure, or the existing structure would create radio frequency interference with the applicant's proposed facility.

   11. Security. The support structure and support facilities shall be constructed so as to prevent unauthorized entry into the support facilities or onto the support structure.

6. Requirements for co-located facilities (Wireless Telecommunications Antenna Facilities, Minor). Unless shielded from public view, the antenna array may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni-directional antennas may extend up to 10 feet above the roof line or parapet of an existing structure. To the extent feasible, the antenna array shall be integrated into the design of the structure it is mounted to and be fully screened from public view. (See Interpretation)

1. Screening. All screening shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted.

2. Concealed from public view. All sides of the project shall be concealed from public view. There shall be no visible transition between existing and new surfaces, no exposed cables, mounting apparatus or pipes permitted, and no interruption of horizontal or vertical reveals.

3. Private light poles. If co-locating on a privately-owned light pole, the replacement pole shall match the color, height, and design of existing light poles on the site.

7. Requirements for building-mounted facilities. Unless shielded from public view, the antenna array of a building-mounted facility may not extend above the highest ridge line of the roof line or parapet of an existing structure. However, whip antennas and omni-directional antennas may extend up to 10 feet above the roof line or parapet of an existing structure.

8. Requirements for Wireless Telecommunications Antenna Facilities, Specific Co-Located.

    

   1. Ministerial permit. The City shall not require a discretionary permit for a Wireless Telecommunications Antenna Facility. SCL, if it satisfies the requirements of California Government Code Section 65850.6(a), as amended.

   2. Application requirements. An application for a Wireless Telecommunications Antenna Facility, SCL, 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 Wireless Telecommunications Antenna Facility, SCL, applications and shall include payment of any application fee.

   3. Review authority. An application for a Wireless Telecommunications Antenna Facility, SCL, shall be reviewed by the Director.

   4. Required findings for approval.

       

      The Director shall approve an application only after finding that:

       

      1. The proposed use is allowed within the zoning district and complies with all applicable provisions of this Code.

      2. The location of the proposed use complies with the special purposes of this Code and the applicable zoning district, and is in conformance with the goals, policies, and objectives of the General Plan.

      3. The proposed use does not increase the height of the existing wireless telecommunications antenna facility.

      4. The proposed use complies with all requirements for major wireless telecommunications antenna facilities within this section.

      5. The proposed use will not be detrimental to the health or general welfare of persons residing or working in the neighborhood of the proposed use.

      6. The proposed use will be compatible with the existing uses on the site and uses in the vicinity in terms of aesthetic values, character, scale, and view protection and will not interfere with the existing activities at the site.

   5. Decision. The Director shall prepare a written decision to approve, approve with conditions, or disapprove the application. The Director shall provide notice of the decision to the applicant, all persons who have filed a written request for notice of the decision, the Planning Commission, and the City Council.

17.50.320 - Tents

1. Exemption from Temporary Use Permit. The use of a tent for a temporary event or other purpose shall require a Temporary Use Permit, unless all of the following provisions are met:
   1. Commercial, industrial, public, or semi-public land uses. The site is developed with commercial, industrial, public, or semi-public land uses, and:
      1. Not over 800 square feet. The area covered by tents does not exceed 800 square feet;
      2. Not in street setback. No tent is located in any setback (e.g., front or corner side) adjacent to a street; and
      3. Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time, and on the site for more than five times within any 30-day period.
   2. Residential uses. The site is developed with residential uses, and:
      1. Not over 800 square feet. The area covered by tents does not exceed 800 square feet;
      2. Not in street setback. No tent is located in any setback (e.g., front or corner side) adjacent to a street; and
      3. Not longer than 36 hours. No tent is located on the site for more than 36 hours at a time and on the site more than twice in one calendar year.
2. Compliance with Section 17.61.040. If required, the Temporary Use Permit shall be granted in compliance with Section 17.61.040.

17.50.330 - Tobacco Retail Sales

1. 1,000-foot separation required. No significant tobacco retailer shall be located within 1,000 feet of a sensitive land use (e.g., game arcade, Internet access studio, library, licensed child day-care facility [excluding a small or large family day-care use], park and recreation facility, public or private school, or theater, as any of those land use types may be defined in Article 8 (Glossary)).
2. How to measure separation. The distance between any structure used as a significant tobacco retailer and another structure used as a sensitive land use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a significant tobacco retailer to the closest property line of another structure used as a sensitive land use.
3. Operation standards.
   1. The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.
   2. Only store employees shall have immediate access to the tobacco products and/or tobacco paraphernalia.
   3. No person under 18 years of age may distribute, exchange, or sell tobacco products.
   4. Sampling of tobacco products by individuals less than 18 years of age shall be prohibited.

17.50.340 - Transit-Oriented Development (TOD)

1. Applicability.
   1. The standards of this Section provide for a mixture of commercial, high-density residential, mixed-use, public, and semi-public uses in close proximity to light rail stations, encouraging transit usage in conjunction with a safe and pleasant pedestrian-oriented environment.
   2. These standards emphasize intensification of development and reduced reliance on motor vehicles.
   3. These standards shall apply to new development projects located within 1,320 feet (1/4 mile) of a light-rail station platform. Within the Central District, these standards shall apply to the area identified on Figure 3-5 - Central District Transit-Oriented Area.
2. Prohibited land uses. The following nontransit-oriented land uses, as these land uses are defined in Article 8 (Glossary of Technical Terms and Land Use Types), are prohibited:
   1. Drive-through businesses;
   2. Large recycling facilities;
   3. Vehicle services - sales and leasing; (except for sales and leasing - limited);
   4. Vehicle services - service stations;
   5. Vehicle services - washing and detailing; (except washing and detailing, small-scale);
   6. Vehicle storage; and
   7. Wholesaling, distribution, and storage (including commercial and small-scale).
3. Permit requirements. A Minor Conditional Use Permit shall be required for any proposed commercial and industrial development projects with over 15,000 square feet of gross floor area.
   1. Issues for review. Minor Conditional Use Permit review shall consider the site plan of the proposed project to ensure that findings can be made that the use is compatible with transit.
   2. Required findings. Minor Conditional Use Permit approval shall require that the review authority first make the following findings in addition to the findings required by Section 17.61.050:
      1. The project consists of a use, or mix of uses, that encourage transit use and is oriented toward the transit user.
      2. The project is designed to enhance pedestrian access and/or other non-motor vehicle modes of transportation to public transit.
      3. The project encourages pedestrian activity and/or other non-motor vehicle modes of transportation and reduces dependency on motor vehicles.
4. Parking requirements. (See Interpretation)
   1. Parking reductions for nonresidential development projects.
      1. Office uses. For the uses offices - administrative business professional and offices - governmental, the minimum amount of required off-street parking shall be reduced by 25 percent, and this reduction shall be the maximum allowed number of parking spaces.
      2. All other nonresidential uses. For all other nonresidential uses the minimum amount of required off-street parking shall be reduced by 10 percent, and this reduction shall be the maximum allowed number of parking spaces.
      3. Further reduction with study. The parking requirements may be further reduced through a parking demand study and approval of a Minor Conditional Use Permit.
   2. Exceeding allowable parking requirements. A project site may exceed the maximum allowable parking requirements in compliance with the following conditions.
      1. Commercial off-street parking. If the parking is intended to serve as commercial off-street parking. Approval of this parking shall require the granting of a Minor Conditional Use Permit in compliance with Section 17.61.050.
      2. Shared parking. A site may exceed the maximum allowable number of parking spaces if the parking is approved to serve as shared parking in compliance with Section 17.46.050.
      3. Joint parking. A site may exceed the maximum allowed number of parking spaces if the parking is approved to serve as joint parking.

         (1) Joint parking is a type of parking that is designed to serve uses on at least two different sites.

         (2) The joint parking provided shall not exceed the maximum required parking for the combined total parking requirements of the different individual sites.

   3. Residential development projects. The following requirements apply to multi-family residential and mixed-use development projects proposing at least 48 dwelling units per acre.
      1. Residential parking shall be a minimum of:

         (1) 1 space for each unit for units less than 650 square feet to a maximum of 1.25 spaces per unit; and

         (2) 1.5 spaces for each unit for units 650 square feet or more to a maximum of 1.75 spaces per unit.

      2. The parking requirements may be further reduced through a parking demand study and approval of a Minor Conditional Use Permit in compliance with Section 17.61.050.
      3. The cap includes the minimum parking requirement as well as the requirement for guest parking.
      4. City Permits for overnight parking shall not be allowed.

         (1) City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with these regulations.

         (2) Residential tenants shall be advised of the unavailability of on-street overnight parking permits.

      5. Guest parking shall be provided as required by Table 4-6 (Off-Street Parking Space Requirements). The number of guest parking shall not exceed the minimum required.

   4. Modification.  The Zoning Administrator may modify the required parking in a parking garage (including below grade and at or above grade garages) by allowing the total parking requirement to exceed or be reduced by five percent but not more than 10 spaces.

5. Development projects within the CG zoning district.
   1. 1/4 mile of the Allen Street Station. For development projects located within 1/4 mile of the Allen Street Station, multi-family uses are conditionally permitted, shall contain a minimum of 50 dwelling units, and shall have a maximum allowable density of 48 units per acre. The Conditional Use Permit shall also establish the appropriate setbacks.
   2. Between 1/4 and 1/2 mile of the Allen Street Station. For development projects that are located between 1/4 of a mile and 1/2 mile of the Allen Street Station, and require a Conditional Use Permit for a project over 25,000 square feet of gross floor area, the additional findings identified in Subsection C., above, shall not be required, but shall be used to guide the review of the project and the development of appropriate conditions.
   3. Further reductions. The parking requirements may be further reduced through a parking demand study and the issuance of a Minor Conditional Use Permit in compliance with Section 17.61.050.

17.50.350 - Urban Housing

1. Applicability. The development standards of this Section shall apply to the following:
   1. Residential development projects utilizing a density greater than 48 dwelling units per acre.
   2. Development projects located within the CD zoning district.
   3. Development projects located outside the CD zoning district, but designated for transit-oriented development around light-rail stations.
2. Density and height standards. The density and height standards for an urban housing development project shall be in compliance with the underlying zoning district.
3. Setbacks required. In order to provide suitable amounts of air, light, and open space, the following setbacks shall be required:
   1. Front and corner side: In compliance with the underlying zoning district.
   2. Side and rear:
      1. Ten-foot minimum.
      2. Through the Design Review process, the side and rear setbacks may be reduced if the reduction results in a larger courtyard.
4. Street entries required. Residential dwelling units located adjacent to the street shall have direct entries from the street.
5. Open space required:
   1. A minimum of 30 percent of the net floor area of the structure shall be provided as open space.
   2. The minimum dimension of any open space shall be six feet in any direction. Private balconies, at-grade patios, rooftop gardens (including upper level terraces), and the portion of a front or corner side yard setback that is greater than the minimum requirement may be counted as open space.
   3. Not more than 35 percent of the total open space may be met by counting balconies.
   4. Planter balconies that are two feet or less in width shall not be counted as open space.
6. Courtyard requirement. There shall be a ground-floor landscaped courtyard that shall be a minimum of 20 feet in any direction. Balconies may project up to four feet into the courtyard.
7. Courtyard opening required.
   1. Opening required. For structures with 75 feet of street frontage or more, the street side of the structure shall have an opening into a landscaped courtyard.
   2. Minimum height of opening. This opening shall be a minimum of 50 percent of the overall height of the structure but not more than 25 feet.
   3. Minimum width of opening.
      1. The width of the opening shall be a minimum of 10 feet.
      2. If the depth of the structure opening is more than 30 feet, the minimum width of the opening shall be increased by one foot for every three feet of depth above 30 feet.
   4. Multiple frontages. For structures with multiple frontages, the Design Review process shall determine which frontages shall have an opening in compliance with Section 17.61.030.
   5. Modification through Design Review. The requirements of this Subsection may be modified through the Design Review process.
   6. Gate transparency. Any gate placed across the courtyard opening shall have a minimum of 75 percent transparency.
8. Parking and Driveways.
   1. Location of parking.
      1. Parking areas shall be provided either at grade, semi-subterranean, or subterranean.
      2. Parking areas (e.g., provided at grade or semi-subterranean) shall not abut the front or corner side street elevations. Only completely subterranean parking facilities may be located within the front or corner side setbacks. All other parking areas shall be located behind the habitable living space required by Subparagraph c., immediately below.
      3. Each dwelling unit contiguous to a front or corner side street elevation shall have a habitable living space on the ground floor that is a minimum of 12 feet in depth, measured from the interior wall closest to the street.
   2. One space per unit on-site. For new development projects, parking shall be provided in compliance with Table 4-5 (Off-Street Parking Space Requirements B multi-family dwelling units) and there shall be a minimum of one off-street parking space for each residential unit located on the subject site.
   3. Guest parking required. Guest parking shall be provided for the residential units in compliance with Table 4-5 (Off-Street Parking Space Requirements B multi-family dwelling units).
   4. Other spaces may be located off-site. All other parking spaces designed to serve the residential units may be located off-site with a long-term parking lease agreement in compliance with Subsection 17.46.020 I. (Location and ownership).
   5. Distance requirements. Off-site parking for residential units shall meet the distance requirements for commercial customer/visitor spaces in compliance with Subsection 17.46.020.I (Location and ownership).
   6. Conversion of existing structures. Conversions of existing structures (including additions) may provide parking for residential units off-site as long as they meet the distance requirements and there is a long term parking lease agreement all in compliance with Subsection 17.46.020 I.(Location and ownership).
   7. Driveway location. Driveways shall be located not more than five feet from a side property line. The review authority (i.e., Design Commission, Planning Director) may modify the location of a driveway to preserve a street tree or tree located on the site.
9. Landscaping required. All areas of the subject site not devoted to lot coverage, driveways, or walkways shall be properly landscaped and maintained in compliance with Chapter 17.44 (Landscaping).
10. Balconies.
    1. Balconies may project no closer than six feet to an interior or rear property line and four feet into a front or corner side setback.
    2. Balconies shall have a minimum dimension of six feet in order to count as required open space.
    3. Balconies that are designed to project over the public right-of-way shall have prior approval from the Department of Public Works.
11. Fences and walls.
    1. Fences and walls located along a street frontage are limited to four feet in height.
    2. Fences and walls located within rear and interior side setbacks are limited to six feet in height.
    3. Projects with rear and interior side yards located adjacent to commercial uses may have a fence or wall height up to eight feet.
    4. Fences located within front and corner side setbacks shall have a minimum of 50 percent transparency.
    5. Fence height shall be measure from the existing grade.
12. Overnight parking permits not allowed.
    1. City Permits for overnight parking on City streets shall not be issued for residential development projects built in compliance with this Section.
    2. Residential tenants shall be advised of the unavailability of on-street overnight parking permits.
13. Urban noise levels.
    1. Residents of an urban housing development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area.
    2. The signature of the residents shall confirm receipt and understanding of this information.
14. Loading and unloading of household goods. If the loading and unloading of furniture and household goods for residential dwelling units is to occur on the street, it shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.

17.50.360 - Vehicle Sales and Repair Services

1. Applicability. Vehicle repair, when it is accessory to vehicle sales, shall meet the additional standards identified in this Section.
2. Distance Requirement. In the CG-1 district, vehicle repair shall be located a minimum of 500 feet from another vehicle repair use. This requirement shall be measured from property line to property line.
3. Lot size. In the CG-1 district, vehicle repair uses shall have a minimum lot size of 15,000 square feet.
4. Maximum floor space. The floor space dedicated to vehicle repair shall be limited to a maximum of 40 percent of the lot area.
5. Servicing of trucks and industrial equipment prohibited. No servicing of trucks in excess of one and one-half ton capacity or industrial equipment of any type or character shall be allowed.
6. All repair activities located within an enclosed structure.
   1. All hydraulic hoists and pits, and all equipment for greasing, lubrication, and allowed repairs shall be enclosed entirely within a structure.
   2. All areas or structures used for vehicle repair shall be located or soundproofed to prevent annoyance or detriment to surrounding properties.
7. Limited hours and days of operation.
   1. All vehicle/equipment repair uses and related activities shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
   2. The hours of operation or allowed days shall not be modified through a Conditional Use Permit.
8. Allowed on-site for repair only. Damaged or wrecked vehicles shall not be stored on-site for purposes other than repair.
9. On-site parking requirements.
   1. In order to ensure that adequate parking is provided on-site and that the potential for parking in the public right-of-way is minimized, on-site parking shall be provided at a minimum ratio of four spaces per 1,000 square feet of gross floor area.
   2. Workstation/service bays used for the repair of vehicles shall not be credited toward meeting the on-site parking requirement.
   3. Queuing lanes to workstation/service bays shall not be credited toward meeting the on-site parking requirement.
10. Parking only allowed on-site. All vehicles that are repaired and are waiting to be picked up by the owner of the vehicle shall be parked on-site and not in adjoining streets or alleys.
11. Do not face abutting residential parcels. All new structures constructed for vehicle/equipment repair shall be constructed so that the entrances to individual workstation/service bays do not face abutting residential parcels or the public rights-of-way.
12. Discarded vehicles and parts to be removed. All discarded vehicle parts or equipment, or permanently disabled, dismantled, or junked vehicles shall be removed from the premises within 30 days of arrival.
13. Old tires to be stored in solid wall enclosure. Tires taken in on trade that have no more than salvage value shall be stored in a solid wall enclosure.

17.50.370 - Work/Live Units

1. Applicability. This Section provides standards for work/live and artists lofts/studios, including the reuse of existing nonresidential structures to accommodate work/live opportunities. Work/live quarters are especially intended for the use and occupation of artisans, artists, and individuals practicing similar professions as well as their families.
2. Design standards.
   1. Floor area requirement.
      1. A work/live unit shall have a minimum floor area of least 1,250 square feet.
      2. The maximum size of the residential portion of the work/live unit shall be 30 percent of the unit or 400 square feet, whichever is less, in order to ensure that the residential portion remains an accessory to the primary commercial use.
      3. A ground-level work/live unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.
   2. Unit access. Where there are multiple work/live units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.
   3. Internal integration of the work/live unit.
      1. There shall be direct access between the working and living spaces within the work/live unit.
      2. There shall be no separate entrance to the living space by a separate door. All access to the living space shall be from the working space.
      3. The working space shall not be leased separately from the living space; conversely the living space shall not be leased separately from the working space.
3. Occupancy and employees.
   1. At least one full-time employee of business activity occupying the work/live unit shall also reside in the unit; conversely at least one of the persons living in the live portion shall work in the work portion.
   2. The business activity occupying the work/live unit may utilize nonresident employees, as necessary.
4. Prohibited land uses. The following shall not be allowed in a work/live unit:
   1. Sexually oriented businesses;
   2. Motor vehicle maintenance and repair; and
   3. Welding and/or machining.
5. Hazardous Materials. All uses with hazardous materials shall comply with the California Fire Codes and other applicable codes.
6. Mix of land uses. An appropriate mix of land uses shall be established through the Conditional Use Permit process, in compliance with Section 17.61.050.
7. Compliance with City inspection program required.
   1. In order to ensure that a work/live unit continues to be operated as a bonafide work/live unit, all work/live units shall be subject to the City's quadrennial inspection program, if leased or rented, in compliance with Municipal Code Section 14.16.030.
   2. For a work/live unit that is owner-occupied or has been converted to a condominium, the units would be subject to the City's inspection program at the time each unit is resold.
8. Business License required. The occupants of the work/live units shall maintain a valid City Business License in order to ensure that the primary use remains a commercial use.
9. Inclusionary housing requirements. The construction of work/live units shall be subject to the inclusionary housing requirements of Section 17.42.040 (Inclusionary Unit Requirements).
10. Environmental assessment required.
    1. Reuse of an existing structure shall require environmental assessment of the site.
    2. The written assessment report shall be submitted as part of the Conditional Use Permit application.