O1452 (3)
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Section 9044.4. Number of Parking Spaces Required.
. RESIDENTIAL
(FA = floor area)
USE
Detached single
family units
condominiums:
Studio, no bedrooms
1 & 2 bedrooms
Each bedroom over 2
Visitor spaces
. Multi-family residential:
Studio, no bedrooms
1 & 2 bedrooms
Each bedroom over 2
Visitor spaces
Child Day Care Center
Rooming houses,
boarding homes,
clubs, or fraternity
type housing with
sleeping facilities
.
MINIMUM OFF-STREET
PARKING REqUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
2 spaces in a
garage per dwelling
unit.
None
1.0 covered space
None
2 covered spaces per unit
None
0.5 covered spaces per extra bedroom
1 space per 5 units (applies
to projects of 5 or more units)
30%
1.0 space
None
2 spaces per unit
None
0.5 spaces per extra bedroom
1 space per 5 units
(applies to projects of
5 or more units)
30%
Surface parking shall be
provided in the rear half of
the residential lot.
2 spaces in addition to
those required for the
residence
1 covered space per bedroom
30%
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Hot~ls, Motels
senior group housing
senior group housing
that is deed restricted
tor low-moderate income
levels.
1 space per guest room plus 40%
1 space for each 200 sq. ft.
used for meetings and banquets.
Other uses such as bars and
restaurants shall provide parking
in conformance with the requirements
for commercial Uses listed below.
1 space per unit
1 quest space per 5 units
0.5 space per unit
1 quest space per 5 units
40%
40%
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USE
Automobile rental
agency
Automobile repair
Automobile service
station with or
without mini-mart.
Automobile sales
Auto washing (self-
service or coin
operated)
Barber shop, beauty
parlor or nail salon
COMMERCIAL
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 500 sq. ft.
of FA plus 1 space per 1,000
sq. ft. of outdoor rental
storage area.
1 space per 500 sq. ft. of FA
plus 2 spaces per service bay.
2 spaces per service bay plus
3 spaces if full service, 1
space if self service, plus 1
space for each 100 sq. ft.
of retail.
1 space per 400 sq. ft.
of floor area for showroom and
office, plus 1 space per 2,000
sq. ft. of exterior display
area, plus 1 space per 500 sq.
ft. for automobile repair, plus
1 space per 300 sq. ft. for
the parts department.
2 spaces for each washing
stall.
1 space per 300 sq. ft.
40%
40%
40%
None
40%
* No required off-street parking space shall be used for sale,
rental, or repair of au~os.
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Banks and oom~ercial
saving and loan
institutions
General office
Restaurant
Rest.aurant
Fast food,
Take-out, Drive-in,
Drive-through
restaurants
Bars and nightclubs
(Dance Halls, Disoos,
etc. )
1 space per 300 sq. ft. 40%
on the 1st floor. other
office above 1st floor
shall comply with general office
use requirement
.
1 space per 300 sg.ft.
of FA
40%
1 space per 75 sq. ft. of FA
1 space per 75 sq. ft. of FA.
Minimum of 5 spaces must be
provided
40%
40%
1 space per 50 sq. ft. of FA.
Portions of restaurants that
include bars shall be calculated
using this standard
Retail, general 1 space per 300 sq. ft. of FA 40%
merchandising which is Loading zone required.
not located in a shopping
center
Retail, furniture
and appliance
Lumber yards, plant.
nurseries
40%
40%
.
1 space per 500 sg.ft. of FA
Loading zone required.
1 space per 300 sq. ft. of FA for 40%
interior retail plus 1 space per
1,000 sq. ft. of outdoor area
devoted to display and storage.
Loading zone required.
.
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" .....
EDUCATIONAL
.
(FA - floor area)
USE
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
Libraries
1 space per 250 sq. ft. of FA
Auditoriums
. 1 space per 4 fixed seats
Child care, preschool,
nursery schools
1 space for each staff member
1 space for each 5 children
10 spaces plus 1 space per
classroom.
Private elementary and
junior high school
Private high schools
20 spaces plus 5 spaces
per classroom
Private colleges
10 spaces plus 30
spaces per classroom.
Professional business 1 space per 150 sq. ft. of FA.
. or trade schools
including beauty colleges
Museums and galleries 1 space per 300 sq. ft. of FA
stadiums 1 space per 5 seats
.
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40%
40%
40%
40%
40%
40%
40%
40%
40%
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HEALTH SERVICES
(FA = floor area)
USE
MINIMUM OFF-STREET
PARKING REQUIREMENT
Convalescent homes
1 space per 2 beds
1 space per
3 beds plus 1 space per
150 sq. ft. of FA
for outpatient use (min)
Hospitals and
medical centers
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
40%
40%
Medical and dental 1 space per 250 sq. ft. of 40%
offices and clinics FA.
veterinarians, animal 1 space per 250 sq. ft. of FA. 40%
and veterinary hospitals
Emergency medical centers 1 space per 200 sq. ft. of FA. 40%
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USE
Light and limited
industrial manufacturing
Warehousing or
warehousing
included with
industrial uses
Mini-Warehousing/
Storage
INDUSTRIAL USES
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 300 sq. ft. of FA 40%
for manufacturing plus 1 space
per 250 sq. ft. of FA for office
use
1 space per 1,000 sq. ft. 40%
1 space per 4,000 sq. ft. of FA 40%
for mini-warehousing/storage use
plus 1 space per 250 sq. ft. of FA
for office use. Loading zone
required.
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COMMERCIAL ENTERTAINMENT AND RECREATION
(FA = floor area)
.
USE
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
Bowling alleys
2 spaces per lane
40%
Billiard or pool parlors, 1 space per 80 sq. ft. of FA of 40%
roller or ice skating assembly area.
rinks, exhibition halls
and assembly halls
without fixed seats,
including assembly areas
within community centers,
private clubs, lodge halls,
and union headquarters
Theaters, cinemas (single
and mUlti-screen) and
other places of assembly
~ space per
1 space per
of assembly
is greater.
2 spaces per court plus 40%
1 space per 80 sq. ft. or 1 space
per 4 fixed spectator seats,
whichever is greater.
4 fixed seats or
80 sq. ft. of FA
area, whichever
40%
Tennis, handball, and
racquetball and other
athletic court
facilities
.
Health clubs and
indoor athletic
facilities and
exercise studios
1 space per 80 sq. ft. of FA
40%
Dance studios
studios
1 space per 300 sq. ft. of FA
40%
.
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USE
Places of worship &
other places ot assembly
including mortuaries,
banquet facilities and
convention facilities
Shelters for the homeless
Hospice facilities with
six persons or less
living on the premises
MISCELLANEOUS
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 80 sq. ft. of
FA of assembly area, or
requirement for office space
and school uses as applicable
or 1 space for each 4 fixed
seats, whichever is qreatest.
1 space for every lO beds,
but in no case less than
2 spaces
2 spaces
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40%
40%
40t
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Section 9044.5.
Reduction of Requirements.
The Zoning
Administrator, after consulting with the City Parking and Traffic ~
Engineer, may approve a reduced parking permit for the reduction
in the
number
of parking
spaces
under
the
following
circumstances:
(a) Shared Parkinq. Facilities may be shared if multiple
uses cooperatively establish and operate parking facilities and
if these uses generate parking demands primarily during hours
when the remaining uses are not in operation.
(For example, if
one use operates during evenings or weekdays only.) The
applicant shall have the burden of proof for a reduction in the
total number of required parking spaces, and documentation shall
be submitted substantiating the reasons for this requested
parking reduction. Shared parking shall be approved only if:
(1) A sufficient numher of spaces are provided to
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meet the greater parking demand of the participating uses.
(2) Satisfactory evidence has been submitted by the
parties operating the shared parking facility, describing the
nature of the uses and times when the uses operate so as to
demonstrate the lack of conflict between them.
(3)
Additional
documents,
covenants,
deed
restrictions, or other agreements as may be deemed necessary by
the Zoning Administrator are executed to assure that the required
parking spaces provided are maintained and uses with similar
hours and parking requirements as those uses sharing the parking
remain for the life of the building.
(b)
Senior Housing. The Zoning Administrator may approve a
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reauced parking permit for the reduction in the n~mber of parking
spaces required for senior citizens and senior group housing
based upon findings that the proposed development is located in
direct proximity to commercial activities and services and is
adequately served by public transportation systems.
(c) Tandem Parking. The Zoning Administrator may approve
a reduced parking permit for tandem parking for commercial and
industrial uses provided the development requires 250 or more
parking spaces, no more than a maximum of 20% of the total nt1mber
of spaces are in tandem and an attendant is on duty during the
hours the building is open for business.
(d) Any person may appeal to the Planning Commission the
approval, condi tional approval, or denial by the Zoning
Administrator of a reduced parking permit. The appeal shall be
in writing and filed within 10 days of the date of the decision.
The appeal shall be processed in accordance with the procedures
set forth in Subchapter lOL of this Chapter.
Section 9044.6. Design Standards. All new parking shall be
designed to the following standards:
(a) Dimensional Requirements. Minimum parking dimensions
shall comply with the standards approved by the City Parking and
Traffic Engineer. An unobstructed inside dimension of 18 feet in
length by 20 feet in width shall be maintained for a private
two-car garage or carport.
(b) Parking areas provided to meet the requirements of
this Subchapter shall be arranged so as to be safe and
convenient. Each space shall be accessible to an automobile of
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sta~ard or~ompact size. No tandem parking shall be permitted
in any residential district in connection with any parking
required for any residential use.
.
(c) storage areas may be located above the parking space
provided that they do not encroach into the length of a parking
space by more than 3 l/3 feet and provided that the storage area
is at least 4 1/2 feet above the floor.
(d) The design, location, or position of any parking
layout, entry, driveway, approach, or accessway from any street
or alley shall be approved by the Ci ty Parking and Traffic
Engineer.
section 9044.7. Access to Parking Lots and structures in
All Districts.
(a) Use of a required parking space shall not require more
than two vehicle maneuvers.
.
.
(b) Exits from any subterranean or semi-subterranean
parking structure shall provide sight distance which comply with
standards established by the City Parking and Traffic Engineer.
section 9044.8. Parking Access in the Rl and MUlti-Family
Residential District. The following parking access requirements
apply in the Rl and multi-family residential Districts:
(a) No new curb cutSr for purposes of providing street
access to on-site parking spaces shall be permitted except where
a project site meets at least one of the following conditions:
(l) The site has no adjacent side or rear alley
having a minimum right-of-way of 15 feet.
(2) The topography or configuration of this site or ~
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pl1!cement: -'Of buildings on the site precludes reasonable alley
access to a sufficient nl1!!'1_ber of parking spaces to the extent
~ that use of the property is restricted beyond otherwise
applicable Property Development standards.
(b) If curb cuts are necessary, curb cut widths shall be
kept to the minimum width required.
(c) In the R1 District, only corner lots may provide access
along the side parcel line provided the access is not located in
the front half of the lot.
section
9044.9.
Parking
Access
in
Non-Residential
Districts. The following parking access requirements shall apply
to the Commercial and Industrial Districts:
(a) Small non-residential or mixed use projects requiring
10 or fewer parking spaces shall not be permitted to have any new
~ curb cuts for purposes of providing on-si te parking spaces,
except where a project meets at least one of the following
conditions:
(1) The site has no adjacent side or rear alley
having a minimum of 20 feet wide right-of-way.
(2) The topography or configuration of the site, or
placement ot existing buildings to remain on the site, precludes
reasonable alley access to a sufficient nQmber of parking spaces
r
to the extent that use of the property is restricted beyond
otherwise applicable development standards.
(3) A residential district is located directly
across any alley that would be used for access.
(4) The project includes one or more of the
.
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fo11'owinq ttses:
automobile service station, automobile or
vehicle repair, hotel or motel, drive-in or drive-through
business, high volume retail use as determined by the Zoning
.
Administrator.
(5) The Parking and Traffic Engineer determines that
a curb cut is necessary.
Cb) If curb cuts are necessary, curb cut widths shall be
kept to the minimum width required.
Section 9044.10. Driveways.
(a) For purposes of this section:
(1) A driveway is defined as an access drive leading
from a public street or right-of-way to a parking area, or from
one parkinq area to another, but not including any ramp, aisle,
maneuvering area or driveway approach.
(2) A single vehicle in either direction, and a .
double driveway is a driveway designed to accommodate two
vehicles at the same time in opposite directions.
(3) A ramp is defined as an access driveway leading
from one parking level to another.
(b) Driveways in the R1 Single Family District shall not
be less than 10 feet in width.
The driveway width shall be
maintained free and clear of all obstructions.
(c) In the R2, R3, R4, RVC, and MXD Districts, driveways
shall conform to the following standards:
Single Driveway
lO foot minimum
12 foot minimum if located
in front yard
Double Driveway
20 foot minimum
.
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Th~ minimmLnumber and type of driveways required to be provided
shall be determined based on the number of parkinq spaces
. contained in any given parking area according to the followinq
standard:
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Enqineer.
The driveway width shall be maintained free and clear of all
1 to 20 spaces
21 to 40 spaces
41 to 80 spaces
81 spaces and over
obstructions.
Cd) In all commercial and industrial districts, driveways
shall conform to the following standards:
Single Driveway
Double Driveway
12 foot minimum
20 foot minimum
. The minimum number and type of driveway required to be provided
shall be determined on the number of parking spaces contained in
any given parking area according to the following standard:
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
]. to 20 spaces
21 to 40 spaces
41 to 80 spaces
8l spaces and over
obstructions.
(e) In all districts, ramps with one-way traffic shall be
not less than 14 feet in width and ramps with two way traffic
shall be not less than 20 feet in width.
.
(f)
In all districts where mature street trees exist, the
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Zon!ng Administrator and the Parking and Traffic Engineer may
reduce the driveway width as necessary and practical to preserve
the existing street trees.
.
section 9044.11. surfacing. All driveways and parking
areas shall be surfaced with a minimum thickness of two inches of
asphaltic concrete over a minimum thickness of four inches of a
base material or alternative equivalent material approved by the
Parking and Traffic Engineer.
Section 9044.12. Marking of Parking Spaces. All parking
spaces, except in a garage or carport containing two or fewer
parking spaces or in an outdoor motor vehicle sales area, shall
be striped in a manner clearly showing the layout of the intended
parking stalls. The striping shall be maintained in a clear and
visible manner. All parking spaces shall be clearly marked as
compact or full-size spaces.
.
Section 9044.13. Bumper Guards. Bumper guards or
continuous concrete curbing at least six inches in height shall
be required for parking spaces abutting landscaped areas or
walls.
Section 9044.l4. Lightinq. Parking
accommodate three or more ,vehicles shall
9040.27.
areas designed to
conform to Section
Section 9044.15. Landscapinq.
with the provisions of Subchapter 5B.
Landscaping shall comply
.
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'* section 9044.16. Screeninq. Screening of surface parking
lots in all commercial districts and screening of parking areas
e for three or more cars abutting residentially zoned or used
property shall comply with the provisions of Subchapter 58.
section 9044.17. Slope.
(a)
Areas
used
exclusively
for
parking
excluding
inter-connecting ramps shall be designed and improved with grades
not to exceed a 5% slope.
(b) Slopes of all driveways and ramps used for ingress or
egress of parking facilities shall be designed in accordance with
the standards prepared by the Parking and Traffic Engineer but
shall not exceed a 20% slope. Profiles of driveway, ramp, and
grade details must be submitted to the Parking and Traffic
Engineer for approval whenever any slope exceeds 6%.
e.
Section 9044.18. Drainage. All required off-street parking
facilities in commercial and industrial districts shall be so
designed so that surface water run-off will not drain over any
sidewalk.
Section 9044.19. Location of Required Parking Spaces.
(a) Required off-street parking spaces shall_be located on
the parcel or building site.
In commercial or industrial
~
districts, off-street parking may be located off of the parcel or
building site if each of the following conditions are satisfied:
(1) The property is located within 1,000 feet of the
perimeter of the parcel or building site and commences within 300
feet of the perimeter. This distance shall be computed from the
e
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near.st point of the parking area.
(2) The property on which the parking spaces are
provided is owned in fee by the owner of the parcel or building
site which is subject to the parking space requirements.
(3) Additional documents, covenants, deed
restrictions, or other agreements as may be deemed necessary by
the zoning Administrator are executed to assure that the required
parking spaces are maintained off site.
(b) Parking requirements may not be met by providing
parking in the front one-half of a parcel in a residential
district except:
(1) In a garage which shall have not more than one
garage door facing the front lot line for each 75 feet or
fraction thereof of lot width. The door shall be not less than 10
feet nor more than 16 feet wide. Not more than one double garage
may be entered from the side street side of a corner of a
reversed corner lot through a door not more than 16 feet wide.
Any garage on the front one-half of a lot or on the side street
side of a corner or a reversed corner lot shall be fully enclosed
within the architecture and structure of the main building except
for entrances.
(2) In multi-family residential districts, where the
parcel has no alley, provided that no part of a required front
yard shall be used for parking purposes.
(3) Where the parcel is in the A Overlay District
and has been approved for parking use pursuant to the provisions
of Subchapter 4R.
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.~ SectiGn 9044.20.
subterranean Parking structures.
structures shall be constructed
All
and
subterranean parking
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two
openings facing the front parcel line for each main building.
(b) A subterranean pa-rking structure may be constructed
and maintained in any required yard area except in the required
unexcavated area of a side yard.
(c) Exi ts from any subterranean parking structure shall
provide sight distance which comply with standards established by
the Parking and Traffic Engineer.
Section 9044.21. semi-Subterranean Parking structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three feet above the average natural or
existing grade of the parcel, except for openings for ingress and
egress. A semi-subterranean parking structure shall not be
counted as a floor or story for calculating building height. All
semi-subterranean parking structures shall be constructed and
maintained as follows:
(a) All openings for ingress and egress facing the front
lot line shall be situated at or behind the front building line
of the main building. There shall be no more than two openings
facing the front lot line for each main building.
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'~(b) on parcels less than
semi-subterranean parking structure
50 feet in width,
may extend to both
the
side
property lines.
(c) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
section 9044.22 Use of Required Off-Street parking Spaces.
Required off-street parking spaces shall be available at all
times during the hours of operation of the use for which the
parking is required. Assignment of parking spaces to individual
users or tenants within a multi-tenant project shall be
prohibited except when such spaces are reserved for handicapped
parking or carpool users.
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Subchapter SF. Off-Street Loading Requirements.
Section 9045.1. Purpose. The standards contained in this
Subchapter are intended to assure that commercial and industrial
uses, senior group housing, hotels, day care homes, child care
centers, and schools provide adequate facilities for the pickup
or delivery of goods and passengers in a manner providing the
following:
(a) Accessible, attractive, and well-maintained loading
and delivery facilities.
(b) Reduced potential for traffic congestion and hazards.
(c) Protection for adj acent parcels and surrounding
neighborhoods from the effects of vehicular noise and traffic
generated from the proposed use.
(d) Loading and delivery services in proportion to the
needs generated by the proposed use which are clearly compatible
with adjacent parcels and the surrounding neighborhood.
Section 9045.2.
Applicability.
Any use requiring the
loading and delivery of goods or passengers shall provide
permanently maintained off-street loading and delivery facilities
for the new or expanded portion of the use pursuant to the
provisions of this Subchapter.
Section 9045.3. General Provisions. Off-street freight. and
equipment loading spaces shall be provided for all offices,
hospitals,
institutions, hotels, group housing, and other
commercial and industrial uses pursuant to the following
provisions:
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"'k (a) lX>ading spaces shall be not less than 10 feet in
width, 20 feet in length, with l4 feet of vertical clearance.
(b) When the parcel upon which the loading spaces are
located abuts an alley, the loading spaces shall be accessible
from the alley. The length of the loading space may be measured
perpendicular to or parallel with the alley. Where the loading
area is parallel with the alley and the parcel is 50 feet or less
in width, the loading area shall extend across the full width of
the parcel. The length of a loading area need not exceed 50 feet
for any two spaces.
(c) Loading spaces being maintained in oonnection with any
principal building in existence on the effective date of 'this
Chapter shall thereafter be maintained so long as the building
remains, unless an equivalent number of loading spaces are
provided on a contiguous parcel in conformity with the
requirements of this Subchapter. This subsection shall not
require the maintenance of more loading spaces for an existing
building than are required for a new building.
(d) Any required loading space may be located in the
required rear yard provided that it is not located in any
required landscaped area and provided that no portion of a street
or alley is counted as part of the required loading area.
(e) The number of off~street freight and equipment loading
spaces required shall comply with the followinq provisions:
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Total Gross Floor Area
Loading
Spaces
Required
Commercial Buildings:
3,000 - 15,000 . . . . . . . . . . . . 1
15,001 - 45,000 . . . . . . . . . . . . 2
45,00l - 75,000 . . . . . . . . . . . . . . 3
75,001 -105,000 . . . . . . . . . . . . . . 4
105,001 - and over . . . . . . . . . . . . . 5
Industrial Buildings:
0 - 20,000 . . . . . . . . . . . . . . 1
20,001 - 40,000 . . . . . . . . . . 2
40,001 - 80/000 . . . . . . . . . . . . . . 3
80,001 -120/000 . . . . . . . . . . . . . . 4
120,001 -160,000 . . . . . . . . . . . . . . 5
160,001 - and over . . . . . . . . . . . . . 6
Hospitals and Institutions:
3,000 - 20,000 . . . . . . . . . . . . . . 1
20,001 - 50/000 . . . . . . . . . . . . . . 2
50,001 - 80,000 . . . . . . . . . . . . . . 3
80,001 -110,000 . . . . . . . . . . . . 4
110/001 - and over . . . . . . . . . . . . . 5
Hotels and Office Buildings:
3,500 - 15,000 . . . . . . . . . . . . . . 1
15,001 - 50,000 . . . . . . . . . . . . . . 2
50,001 -100,000 . . . . . . . . . . . . . . 3
100,001 - and over . . . . . .. . . . . 4
Senior Group Housing
(with Central Kitchen):
10 - 100 units . . . . .
100 - and over . . . . .
. .
. . . .1
.2
. .
. . .
Neighborhood Grocery store . .
. .
. . . .1
. . .. .
. .
(f) Passenger loading spaces shall be provided in addition
to any required freight and equipment loading spaces when
required by this subsection.
Passenger loading spaces shall
comply with parking space size requirements for standard parking
spaces, shall be located in close proximity to the building
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ent~nce, and shall not require pedestrians to cross a driveway,
parking aisle, alley, or street in order to reach the building
entrance.
.
Use
Passenger Loading
Spaces Required
small Family Day Care Home .
Large Family Day Care Home .
Day Care Center, Pre-School,
Elementary School (K-6):
1
21
61
300
. .
. . .
. . .
. .
. .
. 0
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. . .
. . .
. . 1
- 20 children
- 60 children . . . . . .
-300 children . .
children and over . . . .
. . .
. 1
. . . 2
.. . . 3
. . . 4
. . . . .
. . .
. .
. . .
. .
Neighborhood Grocery store . . .
. . .
. . .
. .
. .
. 1
The Parking and Traffic Engineer may authorize up to one required
on-street passenger loading space along a frontage curb for
certain designated times if on-street parking spaces are
typically available during the designated times.
(g) Required loading spaces shall not count as required
parking spaces.
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Subchapter 5G. Project Mitigation Measures.
Section 9046.1.
Project Mitigation Measures.
For any
general office development, including medical office development,
in excess of 15,000 square feet of new construction or 10,000
square feet of additions to existing development, the City shall
impose project mitigation measures that such development satisfy
the Project Mitigation Measures of the Land Use and Circulation
Elements of the General Plan ("Project Mitigation Measures"), the
developer may satisfy the Project Mitigation Measures by
complying with the provisions of this Subchapter.
section 9046.2. In-Lieu Fees.
(a) The Project Mitigation Measures may be satisfied by
payment of an in-lieu fee paid to the City in accordance with
this section.
(b) The amount of the fee shall be determined as follows:
$2.25 per square foot for the first l5,OOO square feet of new
rentable square footage and $5.00 per square foot for the
remainder of the net rentable square footage. The net rentable
square footage of a building shall be the total square footage of
the buildings minus the exterior and load bearing walls, elevator
shafts, stairwells, equipment rooms, and parking.
(e) Any fee pursuant to this section shall be adjusted for
inflation by the percentage change in the Consumer Price Index
(nCPIII) between October, 1984 through the month in which payment
is made. For purposes of this Section, CPI shall mean the index
for Urban Wage Earners and Clerical Workers for the Los
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Ang~es-Lon~Beach-Anaheim statistical area, as published by the
United states Department of Labor, Bureau of Labor statistics.
(d) At least twenty-five percent (25%) of the total fee .
required by this section shall be paid prior to the issuance of a
Certificate of Occupancy for the development. The balance of the
fee shall be due in equal annual installments with payment in
full no later than three years after the issuance of the
certificate of Occupancy. All payments are subject to adjustment
for inflation as provided in subsection (c).
(e) Any fee required by this Section shall be secured by
execution of an irrevocable letter of credit or other form of
security acceptable to the city in favor of the city for the full
amount of the obligation.
The letter of credit or other
acceptable security shall be delivered to the city prior to the
issuance of a building permit for the development
(f) This section shall not apply to any office development
for which the City has approved, prior to the adoption of this
Chapter, an agreement between the developer and a non-profit
corporation to satisfy the Project Mitigation Measures.
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Section 9046.3. On-site or Off-site Development.
(a) Upon the mutual agreement of the developer and the
City, the developer may satisfy the Project Mitigation Measure by
,
providing low and moderate income housing or developing new park
space, on or off of the project site. The number of units of
housing or square footage of park space to be provided by the
developer shall be established at the level equal to the amount
of the in-lieu fee which would be required for the project
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pU'rsuant te Section 9046.2 of this Subchapter. This shall be
det.ermined by valuing each housing unit at $30,060, and each
square foot of improved park space at $48.00. No set percentage
of either housing or parks shall be required for any individual
development. The valuations_ of $30,060 per housing unit. and
$48.00 per square foot of improved park space shall be adjusted
for inflation by the percentage change in the Consumer Price
Index as specified in section 9046.2(c) of this Subchapter,
except that adjustments shall commence upon the effective date of
this Chapter.
(b) If the developer elects to provide the required parks
or housing on-site or off-site, the parks and housing must be
approved by the City prior to issuance of a building permit
unless it is being constructed in a separate phase. If the
developer elects to develop the parks and housing off-site, or
on-site in a later phase of the development, completion of the
parks and housing shall be secured by a letter of credit or other
form of security acceptable to the City in favor of the city
delivered prior to issuance of a building permit. The developer
must submit the necessary plans, evidence of site control, and
financing plans to the city prior to issuance of a certificate of
Occupancy. If the developer does not demonstrate prior to
issuance of a certificate 0; Occupancy that the parks and housing
developments will be completed in a timely manner, the developer
shall pay the first twenty-five percent (25%) installment of the
in-lieu fee to the city, and subsequent annual installments, as
required by Section 9046.l. If the developer demonstrates that
parks and housing developments are feasible on-site or off-site
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and~will be~ompleted in a timely manner, the letter ot credit or
other security shall remain in full force and effect until the
parks and housing developments are completed.
(c) Park space developed on-site or off-site pursuant to
this Section shall meet the following minimum requirements:
(1) All required setbacks shall be provided and shall
not count toward the park space requirement.
(2) Park space shall be separated from each adjacent
building by a clearly defined physical barrier, such as a fence,
hedge, or other landscaping treatment. The physical barrier must
be separated from each buildinq by the normally required setback.
(3) The park shall be a minimum of one-half acre.
(4) Park space shall be accessible to the general
public directly from public thoroughfares. Parks shall be
located so as to be highly visible from the surrounding streets.
(5) Parking spaces for the park shall be provided
according to a parkinq demand analysis which shall be the
responsibility ot the developer and which must be approved by the
City Parking and Traffic Engineer. The parking for the park may
be counted as park square footage only if the parking is
dedicated solely to park users and can rea?onably be restricted
for that purpose. For any park of less than one acre, the
parking provided shall not~ be included in the park square
footage.
(6) park space shall be improved to the satisfaction
of the city. If any improvements required by the city can be
clearly demonstrated to exceed $6.00 per square foot, averaged
for the entire park, as adjusted for inflation, the cost in
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exwess of.... $6.00 per square foot shall be credited to the
developer against the requirement under this section. The burden
. of proof of excessive cost shall be on the developer, and the
city shall approve any credit due to excess expenditures as part
of the approval process.
(7) Park space shall be dedicated to, and maintenance
shall be the responsibility of, the City, unless alternative
mutually acceptable agreements are made between the City and the
developer.
(d) Low and moderate income housing developed on-site or
off-site pursuant to this Section shall meet the following
minimum requirements:
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(1) All units must be affordable to households
earning no more than 80% of the median area income, as published
by the United states Department of Housing and Urban Development
and amended from time to time.
(2) The formulas for establishing rents shall be the
same as those established for the City t S inclusionary housing
program of the Housing Element of the General Plan.
(3) Units that are required to be provided on-site or
off-site under the terms of a Removal Permit from the Rent
Control Board by an office development that will displace
existing controlled rental ~nits may not be counted towards the
satisfaction of the requirements of this Section.
(4) Units shall be targeted primarily to families and
shall have an average of at least two bedrooms.
(5) A management plan describing tenant selection and
building management shall be approved by the city.
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~ ~) Units must be deed-restricted for at least fifty
(50) years to remain affordable to low and moderate income
persons. At the end of this 50 year period, the units shall be
dedicated to the City or its designee.
section 9046.4. Use of In-Lieu Fees.
(a) Each payment made pursuant to Section 9046.1 of this
Subchapter shall be deposited into two Reserve Accounts in the
General Fund as follows:
(1) Forty-five percent (45%) shall be deposited into
a Housing Mitigation Fund to be used for the development of low
and moderate income housing.
(2) Forty-five percent (45%) shall be deposited into
a Parks Mitigation Fund to be used for the acquisition and
development of new parks or for significant capital improvements
which increase the recreational opportunities of existing parks.
(3) Ten percent (10%) shall be deposited into an
account which may be transferred to either the Housing Mitigation
Fund or Park Mitigation Fund.
(b) If any development meeting the Project Mitigation
Measures under Section 3 of the Ordinance does not provide such
mitigation measures in accordance with a 50% housing - 50% parks
formula, the value of the excess contribution for housing or
parks shall result in a transfer from the appropriate Reserve
Account as follows:
(1) If the value of the park was more than 50% of the
total value of the Project Mitigation Measures, the fOllowing
amount shall be transferred from the Park Reserve Account to the
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Ho.sing Reserve Account: 50% of total value of the Project
Mitigation Measures less the value of housing actually provided.
~ (2) If the value of the housing was more than 50% of
the total value of the Project Mitigation Measures, the following
amount shall be transferred from the Housing Reserve Account to
the Park Reserve Account: 40% of the total value of the project
Mitigation Measures less the value of the park actually provided.
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Subchapter SI. Demolitions.
~ section 9048.1. Demolition of Buildings and Structures.
(a) No demolition of buildings and structures shall be
permitted except when all of the following conditions have been
met:
( 1) A removal permi t has been granted by the Rent
Control Board, when required.
(2) For residential buildings and structures, the
final permit to commgnce construction for a replacement project
has been issued, or the Director of Planning and the Building
Officer have determined that the structure is a public nuisance.
(3) A property maintenance plan has been approved in
writing by the Director of Planning and the Building Officer.
The Architectural Review Board shall adopt and the Planning
~ Commission shall approve guidelines and standards for property
maintenance plans pursuant to Municipal Code Section 95035.
(4) Subsequent development is in conformity with the
General Plan and all other applicable regulations.
(b) Single-family dwellings which are located in the Rl
District, any Commercial District, or any Industrial District and
Which are not controlled rental units under the Rent Control Law
.
are exempt from subsection (a) (2) of this Section.
(c) Prior to filing an application for a demolition permit,
a Notice of Intent to Demolish must be prominently posted on the
property. Such notice shall be in a form approved by the city.
(d) In addition to any other requirements imposed by this
Section, no demolition of buildings or structures built prior to
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193() shall ""be permitted unless the following requirements have
been met:
(1) Within 7 days of receipt of a complete
application for a demolition permit for such structuresl the City
shall transmit a copy of such application to each member of the
Landmarks Commission.
(2) If no application for landmark designation is
filed in accordance with Municipal Code section 9608 within 30
days from receipt of a complete application for demolition I
demolition may be approved subject to compliance with all other
legal requirementsl including this Section.
(3) If an application for landmark designation is
filed in accordance with Municipal Code Section 9608 within 30
days from receipt of a complete application for demolition, no
demolition may be approved for 90 days from receipt of a complete
application for demolition, or upon the determination by the
Landmarks Commission that the application for landmark
designation does not merit formal consideration in the manner
provided in Municipal Code section 9608C1 whichever is sooner.
(4) If the Landmarks Commission determines that an
application for a landmark merits formal consideration, it shall
be processed in the manner provided in Municipal Code Section
9608D et seq. and no demolition may be approved until after a
final determination on the application for landmark designation.
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Subchapter 5J. Alcohol Outlets.
section 9049.1. Purpose and Findings.
(a) Recent empirical studies demonstrate that there is a
complex interrelationship between the availability of alcohol,
the consumption of alcohol, and resulting co~munity problems such
as public drunkenness, drunk driving, traffic accidents, violent
crime, noise, and nuisance. The city of Santa Monica contains an
overconcentration of alcohol outlets at which alcoholic beverages
are sold on premises. The number of total active retail alcohol
outlets in the City has increased in recent years.
(b) In addition to traditional alcohol outlets such as
bars, restaurants, liquor stores, and supermarkets, a variety of
new types of alcohol outlets are beginning to appear or are being
. proposed in Santa Monica and other communities. There is
continuing and increasing community concern over the
proliferation of alcohol outlets in the city, as is evident from
the Main street Plan, the pico Neighborhood Community Plan, and
the Land Use and Circulation Elements of the city's General Plan.
There is a current and immediate threat to the public health,
safety, and welfare, and the unconditional approval of additional
alcohol outlets would result in a threat to public health,
safety, and welfare.
(c) While the issuance of liquor licenses is the exclusive
province of the State, local jurisdictions are permitted to
establish reasonable controls and conditions on the location of
alcohol outlets. It is necessary to establish a control measure
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tha1t will permit the City to review and approve new alcohol
outlets on a case by case basis and to condition that approval
based on the specific type of alcohol outlet, neighborhood ~
location, and potential problems involved.
section 9049.2. Applicability. No person shall establish a
new business or use dispensing, for sale or other consideration,
alcoholic beverages, including beer, wine, malt beverages, and
distilled spirits for on-site or off-site consumption without
first obtaining a Conditional Use Permit.
Existing alcohol
outlets shall also obtain a Conditional Use Permit except where
the premises either retain the same type of retail liquor license
within a license classification or the licensed premises are
operated continuously without substantial change in mode or
character of operation.
A Conditional Use Permit shall be
.
required for existing premises where operations have been
discontinued for a period over one year. A substantial chanqe in
mode or character of .operation shall include, but is not limited
to, a 10% increase in the floor area of the premises, a 25%
increase in the shelf area used for the display of alcoholic
beverages, or a 25% increase in the nlJmber of seats in any
restaurant which serves alcoholic beverages.
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Section 9049.3. Approval. The City Planning Commission, or
the City Council on appeal, shall have the authority to approve
the use of a property for a business or use dispensing, for sale
or other consideration, alcoholic beverages, including beer,
wine, mal t beverages,
and distilled spirits for on-site or
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of i-site cQPsumption, and shall issue a conditional Use Permit if
the following findings can be made in an affirmative manner:
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(a) The proposed use will not adversely affect the welfare
of neighborhood residents in a significant manner.
(b) The proposed use will not contribute to an undue
concentration of alcohol outlets in the area.
(c) The proposed use will not detrimentally affect nearby
neighborhoods considering the distance of the alcohol outlet to
resideniial buildings, churches, schools, hospitals, playgrounds,
parks, and other existing alcohol outlets.
(d) The prop'osed use is compatible with existing and
potential uses within the general area.
(e) Traffic and parking congestion will not result.
(f) The public health, safety, and general welfare are
protected.
~ (q) No harm to adjacent properties will result.
(h) The objectives of the General Plan are secured.
Section 9049.4. Exemptions. The Zoning Administrator shall
have the authority to grant an exemption from the provisions of
this Subchapter for restaurants or "bona fide" public eating
places which offer for sale or dispense for consideration
alcoholic beverages including beer or wine incidental to meal
.
service. The exemption shall be approved in writing by the
Zoning Administrator and shall be subject to the right of appeal
to the Planning commission as provided in Subchapter lOL. The
exemption shall only be approved if the applicant agrees in
writing to comply with the following criteria and conditions:
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~ (a) The premises contains a kitchen or food-serving area in
which a variety of food is prepared and cooked on the premises.
(b) The primary use of the premises is for sit-down service 4It
to patrons.
(e) The premises serve food to patrons during all hours the
establishment is open for customers.
(d) The premises only serve alcohol in a dining area and
not in an alcohol serving area that is separate from the dining
area.
(e) Adequate seating arrangements for sit-down patrons are
provided on the premises not to exceed a seating capacity of 50
persons.
(f) Any take-out service is only incidental to the primary
si t-down use and does not include the sale or dispensing for
consideration of alcoholic beverage or beer or wine.
(g) No alcoholic beverages or beer or wine are sold or
dispensed for consumption beyond the premises.
(h) No dancing or live entertainment is permitted on the
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premises.
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Subchapter 6.
Performance standards.
Section 9050.1.
Purpose.
The performance standards
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outlined in this Subchapter are intended to explicitly describe
the location, configuration, design, amenities, operation, and
other standards tor proposed development projects that may impact
the surrounding neighborhood.
When successfully achieved,
development of these uses will be harmonious with the
neighborhood's desirab!e character and consistent with the goals,
objectives, and policies of the General Plan.
section 9050.2. Applicability. The Zoning Administrator,
or Planning Commission on appeal, may approve a proposed project
subject to performance standards it all the required standards
are or will he achieved pursuant to the procedures in Subchapter
100. Projects subject to performance standards must also comply
~ with all other requirements of this Chapter unless specifically
exempted by this Subchapter.
The Zoning Administrator, or
Planning Com~ission on appeal, may apply conditions of approval
to bring the project into contormity if the proposed project does
not comply completely with the specified standards. When the
proposed project does not meet the stated performance standards
and cannot be conditioned or modified to comply with the
performance standards, the Zoning Administrator, or Planning
Commission on appeal, shall disapprove the project.
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section 90S0.3. Large Family Day Care Homes. The purpose
of these standards is to ensure that large family day care homes
providing child care in residential districts do not adversely
impact the adj acent neighborhood. While large falllily day care
homes are needed by residents in this City, especially in close
proximity to their homes in residential neighborhoods, the
potential traffic, noise and safety impacts of this use should be
regulated in the interest of nearby residents and the children in
the day care facility. It is also the intent of this Section to
allow family day care homes in residential surroundings to give
children a home environment which is conducive to heal thy and
safe development.
The following performance standards shall
~
apply to large family day care homes:
(a) structures. A large family day care home shall conform
to all property development standards of the zoning district in ~
which it is located unless otherwise provided in this Section.
(b) Outdoor Play Area. Stationary play equipment shall not
be located in required side yards.
(c) Fences and Walls. For purposes of noise abatement, a
six foot high solid fence shall be constructed on the interior
side property lines separating two residential parcels. In the
front yard, a fence or wall shall not exceed 42 inches in height
r
on interior parcels. Materials, textures, colors, and design of
the fence or wall shall be compatible wi th on-site development
and adjacent properties. All fences shall provide for safety
with controlled points of en.try .
(d) On-Site Parking. On-site parking for large .
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fqily day.... care homes shall not be required except for that
required for the residential building.
(e) Passenger Loadinq. The Parking and Traffic Engineer
shall approve a passenger loading plan.
(f) Lighting. Passenger loading areas shall be
illuminated. The lighting shall be directed away from adjacent
properties and of an intensity compatible with the resident.ial
neighborhood.
(g) Outdoor Activity. For the purposes o! noise abatement
in residential districts, outdoor activit.ies may only be
conducted between the hours of 7:00 a.m. to 8:00 p.m.
(h) state and Other Licensing. All family day care homes
shall be State licensed and shall be operated according to all
applicable state and local regulations.
(i) concentration of Uses. No more than one large family
day care home shall be permitted within 1,000 linear feet of any
other such home. The Zoning Administrator may permit more than
one such home within 1,000 linear feet of any other such home if
the applicant demonstrates one of the following:
(1) That any existing large family day care home wi thin
1,000 linear feet is at capacity.
(2) That the need exists for a particular or unique service
not provided by any exist.ing large family day care home wi thin
1,000 linear feet.
(j) Notification of Permits. Not less than 10 days prior
to the date on which the decision will be made on an application
for a Performance Standards Permit for a large family day care
home, the City shall give notice to all property owners and
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ten~ts wit~in a 100 foot radius of the site. The notice shall
include the address of the site, the nature of operation, and the
right of such notified person to appeal the decision and request ~
a hearinq before the Zoning Administrator. No hearing on the
application for a permit issued pursuant to this Section shall be
held before a decision is made unless a hearing is requested by
the applicant or other affected person.
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Section 9050.4.
Automobile Dealerships.
The purpose of
this Section is to ensure that automobile dealerships do not
create an adverse impact on adjacent properties and surrounding
neighborhoods by reason of insufficient on-site customer and
employee parking, traffic generation, including road testing of
vehicles, obstruction of traffic, visual blight, bright lights,
noise, fumes, or drainage run-off.
The following special
c~nditions shall apply to automobile dealerships.
.
(a) APplicability. All new automobile dealerships shall
comply with the development standards for the district in which
it is located and with this Section.
Existing automobile
dealerships shall be subject to these standards when seeking any
one of the following:
el) CUmulative expansion subsequent to the adoption of this
Chapter of more than 50 percent of improved square footage
existing at the time of adoption of this Chapter.
(2) Any adjacent expansion of the land area on which the
dealership is located, whether by purchase, lease, business
combination or acquisition, or similar method.
(3) Any substantial remodel of the existing dealership.
wi thin one year from the adoption of this Chapter, existing
dealerships shall be subjec~ to those provisions of this section
as are hereafter specifically described.
(b) Minimum Lot Size. The minimum lot size shall be 15,000
square feet for new lots created by subdivision or combination
after the adoption of this Chapter.
(c)
Parking and Vehicle storage.
Employee and customer
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parking sha.l be provided at no charge. Parking shall comply
with Subchapter SE.
Areas designated for employee and customer parking shall not
be used for vehicle storage or display. Roof-top storage of
vehicles is permitted, and SO percent of any such space shall be
counted as floor area for the purposes of computing floor area
ratio.
(d) Landscaping. Screening of display and non-display
areas shall comply with the provisions of Subchapter 5B. A
minimum two-foot landscape and decorative curb strip, where
feasible, shall be provided along the street frontage perimeter
of all vehicle display areas. Landscape materials shall be
designed to provide an opaque visual buffer at least 12n in
height. Applicable setback requirements shall be expanded to
require a minimum 5 foot landscaped area adjacent to any abutting
residential district.
Final design treatment shall be subject to review and
approval by the Architectural Review Board. All. parking areas
not used for vehicle display shall be Subject to the parking lot
screening requirements of Subchapter SB.
(e) Lighting. All lighting shall comply with Section
9040.27.
(f) Loading and Un19ading of Vehicles. Loading and
unloading of vehicles is permitted only in accordance with this
subsection. The dealership operator shall be responsible and
liable for any activities of a common carrier, operator, or other
person controlling such loading or unloading activities to the
extent any such activities violate the provisions of this
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subsection~
(1) Loading and unloading of vehicles is limited to the
hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday,
excluding legal holidays.
(2) Off-loading shall be on-site or off-site, subject to
the approval of the City Parking and Traffic Engineer. Loading
and unloading shall not block the ingress or egress of any
property.
(3) Existing dealerships shall, within one year of the
adoption of this Chapter, submit plans to the Parking and Traffic
Engineer for approval that satisfy the requirements of this
subsection.
(4) New automobile dealerships or substantially
remodeled dealerships shall provide off-loading facilities on
private property (on or Off-site). Shared loading and unloading
facilities are permitted for the purposes of meetinq this
requirement.
(q) storaqe of Vehicles to Be Repaired. No vehicles to be
repaired shall be parked or stored on any public street or alley.
(h) Repair of Vehicles. The repair and service facility
portion of an automobile dealership shall comply with the
provisions of Section 9055.5.
(i) Queuing of Vehic~es. An adequate on-site queuing area
for service customers shall be provided. On-site driveways may
be used for queuing but may not interfere with access to required
parking spaces. Required parking spaces may not double as
queuing spaces.
(j) Test Driving. Test driving shall not be done on
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res~ential hstreets or alleys. For the purposes of this
subsection, streets which are designated by the City as major
collector streets shall be permissible areas for test driving.
Each dealership operator shall have an affirmative obligation to
inform all its personnel of this requirement and to ensure
compliance with it. Existing dealerships shall, within one year
of the adoption of this Chapter, submit plans to.the Parking and
Traffic Engineer for approval that satisfy the requirements of
this subsection.
(k) Control of Alley Traffic. Notwithstanding the
prohibition of alley use for test driving, each dealership
operator shall present to the Parking and Traffic Engineer,
coincident with the application for a permit for a new dealership
or substantial remodeling. within one year of the adoption of
this Chapter, existing dealerships shall present plans for
slowing traffic flow in alleys adjacent to their uses, with the
objective of minimizing dangers to pedestrians and neighboring
vehicle operations, and of minimizing noise and other
environmental incursions into the neighborhood. Such plans shall
be designed to limit the maximum speed to 15 miles per hour and
may include measures such as speed bumps or dips, one-way traffic
patterns, increased signaqe, parking and loading prohibitions and
similar measures.
(1) Circulation. The location of entries and exits from
dealerships shall be located as far away from adj acent
residential properties as is reasonably feasible and shall be
directed to commercial streets and away from residential areas by
means of signage and design. The interior circulation system
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between le~els shall be internal to the building and shall not
require use of public ways or of externally visible or uncovered
ramps, driveways or parking areas. No arrangement shall be
permitted which requires vehicles to back into an alley or other
public way.
(m) Noise Control.
(1) There shall be no outdoor loudspeakers. Interior
loudspeakers shall produce no more than 45 dba at a boundary
abutting or adjacent to a residential parcel, under normal
operatinq conditions (e.g., with windows open if they are likely
to be opened).
(2) All noise generating equipment exposed to the
exterior shall be muffled with sound absorbing materials to
minimize noise impacts on adjacent properties and shall not be
operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely
to cause annoyance to abutting or adjacent residences.
(3) Rooftop storage areas shall be screened with
landscaping and noise absorbing materials to minimize noise
impacts on adjacent properties.
(4) Existing dealerships shall comply with the
provisions of this subsection within six months after the
adoption of this Chapter.
(n) Toxic storage and ~isposal.
(1) Gasoline storage tanks shall be constructed and
maintained under the same conditions and standards that apply for
service stations.
(2) There shall be full compliance with the terms and
conditions of all city laws relating to the storage and disposal
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of boxic chemicals and hazardous wastes.
(0) Air Quality.
(1) Use of brake washers shall be required in service
stalls or areas Which perform service on brakes employinq
asbestos or other materials known to be harmful when dispersed in
the air.
(2) All mechanical ventilatinq equipment shall be
directed to top story exhaust vents which face away from abutting
or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate
and reasonably available control technology to minimize or
eliminate noxious pollutants which would otherwise be emitted.
(p) Modification of Development Standards. Development
standards for the particular district in which a development is
located are modified and superseded by the followinq:
(1) There shall be no windows or other openinqs in walls
facinq abutting or adj acent residential districts, except for
emergency-only pedestrian exits if required by the Building and
Safety Division and for delivery facilities.
(2) When only one level of activity area is located
below grade and it is dedicated to uses typically included in FAR
calculations if located above grade level, the area shall not be
included in FAR calculation,:; to the extent that there is a
substituted usage above the first floor which would not be
included in FAR calculations if located below grade. If service
stalls are located below grade, but an equivalent square footage
above the first floor is dedicated to parking (which would not be
counted in FAR if below grade), only the above-grade square
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faetage is~to be included in FAR calculations. only one level of
activity area shall be subject to this exemption.
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section 90S0.5. Automobile Rental Agencies. The purpose of
this Section is to ensure that automobile rental agencies do not
create an adverse impact on adjacent properties and surrounding
.
neighborhoods by reason of insufficient on-site customer and
employee parking, traffic generation including road testing of
vehicles, obstruction of traffic, visual blight, bright lights,
noise, fumes, or drainage run-off.
The following performance
standards shall apply to automobile rental agencies:
(a) Minimum Lot size. The minimum lot size shall be 7,500
square feet.
(b)
Lightinq.
All lighting shall comply with the
provisions of Section 9040.27.
(c) Washinq of Vehicles. All washing, rinsing, or hosing
down of vehicles and of the property shall comply with Article
VII of this Code.
.
(d) Repair of Vehicles. No vehicle repair work shall occur
on the premises unless the rental agency is otherwise permitted
and licensed to repair vehicles.
(e)
Parkinq and Vehicle Storage.
Employee and customer
parking shall be provided at no charge.
with Subchapter 5E.
Parking shall comply
Areas designated for employee and customer parking shall not
r
be used for vehicle storage or display.
Roof-top storage of
vehicles is permitted, and 50 percent of any such space shall be
counted as floor area for the purposes of computing floor area
ratio.
(f)
Landscapinq.
Screening of display and non-display
.
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areas shaU comply with the provisions of Subchapter SB. A
minimum two-foot landscape and decorative curb strip, where
feasible, shall be provided along the street frontage perimeter
of all vehicle display areas. Landscape materials shall be
designed to provide an opaque visual buffer at least 1211 in
height. Applicable setback requirements shall be expanded to
require a minimum 5 foot landscaped area adjacent to any abutting
residential district.
Final design treatment shall be subject to review and
approval by the Architectural Review Board. All parking areas
not used for vehicle display shall be subject to the parking lot
screening requirements of Subchapter 5B.
(g) Loading and Unloadin9 of Vehicles. Loading and
unloading of vehicles is permitted only in accordance with this
Subsection. The operator shall be responsible and liable for any
activities of a common carrier, operator, or other person
controlling such loading or unloading activities to the extent
any such activities violate the provisions of this subsection.
(l) Loading and unloading of vehicles is limited to the
hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday,
excluding legal holidays.
(2) Off-loading shall be on-site or off-site, subject to
the approval of the City p~rking and Traffic Engineer. Loading
and unloading shall not block the ingress or egress of any
property.
(3) Existing agencies shall, within one year of the
adoption of this Chapter, submit plans to the Parking and Traffic
Engineer for approval that satisfy the requirements of this
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subaection. -
(4) New automobile rental agencies or substantially
remodeled agencies shall provide off-loading facilities on
private property (on or off-site). Shared loading and unloading
facilities are permitted for the purposes of meeting this
requirement.
(h) Circulation. The location of entries and exit~ from
rental agencies shall be located as far away from adjacent
residential properties as is reasonably feasible and shall be
directed to commercial streets and away from residential areas by
means of signaqe and design. The interior circulation system
between levels shall be internal to the building and shall not
require use of public ways or of externally visible or uncovered
ramps, driveways or parking areas. No arrangement shall be
permitted which requires vehicles to back into an alley or other
public way.
(i) Noise control.
(1) There shall be no outdoor loudspeakers. Interior
loudspeakers shall produce no more than 45 dba at a boundary
abutting or adjacent to a residential parcel, under normal
operating conditions (e.g., with windows open if they are likely
to be opened).
(2) All noise gen~rating equipment exposed to the
exterior shall be muffled with sound absorbing materials to
minimize noise impacts on adj acent properties and shall not be
operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely
to cause annoyance to abutting or adjacent residences.
(3) Rooftop storage areas shall be screened witb
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la.dscapin~ and noise absorbing materials to minimize noise
impacts on adjacent properties.
(4) Existing agencies shall comply with the provisions
of this subsection within six months after the adoption of this
Chapter.
(j) Toxic storage and Disposal.
(1) Gasoline storage tanks shall be constructed and
maintained under the same conditions and standards that apply for
service stations.
(2) There shall be full compliance with the terms and
conditions of all City laws relating to the storage and disposal
of toxic chemicals and hazardous wastes.
(k) Air Quality.
(1) Use of brake washers shall be required in service
stalls or areas which perform service on brakes employing
asbestos or other materials known to be harmful when dispersed in
the air.
(2) All mechanical ventilating equipment shall be
directed to top story exhaust vents which face away from abutting
or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate
and reasonably available control technology to minimize or
eliminate noxious pollutant~ which would otherwise be emitted.
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section 9050.6. Private Tennis Courts. The purpose of this
section is to ensure that a private tennis court in a residential
district shall not adversely impact either adjacent residential
parcels in the surrounding neighborhood and that they shall be
utilized in a manner which protects the integrity of the
district, while allowing for the private enjoyment of a
healthful, recreational activity.
The following performance
standards shall apply to private tennis courts:
(a) Fences and Walls. A private tennis court shall conform
to all property development standards of the residential district
in which it is located except that fences and walls surrounding a
court may extend up to a maximum height of l2 feet if t.he
required front and side yard setbacks are complied with. There
shall be an opaque screen on all sides located adjacent to public
rights-of-way and residentially zoned parcels.
(b)
Minimum Lot Size.
The minimum lot size on which a
private tennis court may be located shall be 10,000 square feet.
(c)
Number of Courts.
There shall be no more than one
tennis court for each residential parcel.
Cd) Use of Courts. A private tennis court shall not be
used for commercial purposes and shall be used only by the
occupants of property and their invited guests.
(e) Landscapinq. AdeqUate landscaping to reduce the impact
of the private tennis court or a high fence shall be installed
and maintained pursuant to standards outlined in Subchapter 5B.
( f)
Lighting.
Lights shall not be used after 9:00 p.m.
Monday through Friday, and not after 10:00 p.m. Saturday and
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Su~day. L!qhtinq shall not exceed 0.5 foot candles at the
property line.
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Section 9050.7. Senior Group Housing. The purpose of this
Section is to ensure that senior group housing developments in
residential districts do not adversely impact either the adjacent
residential parcels or the surrounding neighborhood and that they
shall be developed in a manner which protects the health, safety,
and general welfare of the nearby residents, while providing for
the housing needs of an important segment of the community. The
following performance standards shall apply to Senior Group
Housing:
(a)
Property Development Standards.
The senior group
housing facility shall conform to all property development
standards of the zoning district in which it is located. The
senior group housing shall conform with all local, state, and
federal requirements for senior group housing.
(b) Maximum Number of Owellinq Units.
The number of
dwelling units may exceed that which is permitted in the
underlying zoning district if the dwelling units consist of
individual rooms that contain full bathrooms and small,
efficiency kitchens located in a building that also contains a
COllllllt)n kitchen, dining and living space, adequate to serve all
residents.
(c) Lightinq. Adequate external lighting shall be provided
for security purposes.
The lighting shall be stationary,
directed away from adjacent properties and public rights-Of-way,
and of an intensity compatible with the residential neighborhood.
(d)
Laundry Facilities.
The development shall provide
laundry facilities adequate for the residents.
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~ (e) Gommon Facilities. The development may provide one or
more of the following specific common facilities for the
exclusive use of the senior citizen residents:
(1) Central cooking and dining rooms.
(2) Beauty salon and barber shop.
(3) Small pharmacy.
(4) Recreation Room.
(f) ~ecurity. Parking facilities shall be designed to
provide security for residents, guests, and employees.
(g) Landscapinq. On-site landscaping shall be installed
and maintained pursuant to the standards outlined in Subchapter
5B.
(h) Minimum Age. Residential occupancy shall be limited to
single persons over 62 years of age or to couples in which one is
over 62 years of age.
(i) Minimum Unit size. New units constructed shall not be
less than 410 square feet in floor area.
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Section 90S0.8. One-story Accessory Living quarters. The
purpose of this section is to ensure that single story accessory
living quarters located in the Rl District shall not adversely
impact either adj acent residential parcels or the surrounding
neighborhood and that they shall be developed in a manner which
protects the integrity of the Rl Oistrict, while providing for
needed housing opportunities for owners of eligible parcels in
the Rl District. The following performance standards shall apply
to single story accessory living quarters:
(a)
The single story
Property Development Standards.
accessory living quarters shall conform to all property
development standards of the Rl District.
(b) Minimum Lot Size. The minimum lot size shall be 10,000
~
square feet.
(c) KaximUl'll Buildinq Height. The 1naxi1D.um building height .
shall be one-story, not to exceed 14 feet. However, no accessory
building shall be higher than the principal building.
Cd)
Side Yard Setbacks.
The accessory living quarters
building shall have the same minimum side yard setback
requirement as the principal building on the parcel, but in no
case less than 5 feet.
(e)
The accessory living quarters
Rear Yard Setbacks.
building shall have the same minimum rear yard setback
requirement as the principal building on the parcel.
Cf)
Architectural Compatibility.
The accessory living
quarters building shall be archi tecturally compatible with the
principal building and the surrounding neighborhood and shall
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inForporatA the same colors and materials as the main dwelling.
(q) Maximum size. No accessory living quarters building
~ shall exceed 650 square feet in size.
(h) Parkinq. The accessory living quarters building shall
provide parking in addition to that required for the main
dwelling pursuant to Subchapter 5E.
(i) Kitchen. The accessory living quarters building shall
contain no kitchen.
(j) Renting. No accessory living quarters building shall
be rented or otherwise used as a separate dwelling unit.
(k) Deed Restriction. Prior to issuance of a building
permit for an accessory living quarters building, a deed
restriction in the form approved by the city shall be executed
and recorded to ensure compliance with this Section.
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Section 9050.9.
Game Arcades.
The noise and loi tering
commonly associated wi th game arcades
tend to decrease
~
compatibility with adjacent and surrounding uses. In order to
mi tigate the impacts of this use on other land uses, specific
location limitations, development standards, and provisions shall
be imposed on arcades and video machines.
The following
performance standards shall apply to game arcades:
(a) APplicability. Arcades shall be permitted only in the
RVC District with approval of a Performance Standards Permit and
only in the following two locations: on the Santa Monica Pier
and fronting on the Promenade. A Performance Standards Per1Di t
shall also be required for existing arcades at such a time as
those arcades apply for City permits for expansion or remodeling
or any other development requiring a permit from the City or
within one year of the date of adoption of this Chapter.
.
(b)
Number of Machines.
Four or fewer arcade or game
machines shall be per1t\i tted in any commercial business.
More
than four arcade or game machines for any commercial business
constitutes an arcade which shall be subject to the standards and
provisions in this Section.
(c)
structures.
All structures shall be constructed to
achieve a minimum standard Transmission Coefficient (STC) sound
rating of 45-50.
(d) Maximum Number of Machines. The number of arcade or
game machines shall not exceed one machine per each 30 square
feet Of floor area.
(e) Raised Dais. An adult supervisor shall be located on a
.
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ra4sed dai~ so positioned as to be able to readily observe all
arcade and game machines and all areas of business.
(f) Lighting. The arcade shall be fully and adequately
lighted for easy observation of all areas of the premises.
(9) Walls. The walls of the arcade shall be soundproofed
to absorb the noise generated by the arcade and game machines.
(h) Bicycle Racks. Bicycle storage racks shall be
maintained off the public sidewalk to adequately accommodate
bicycles utilized by arcade patrons.
(i) Restrooms. Each arcade shall provide at least one
public restroom accessible to the disabled.
(j) Telephones. At least one public telephone shall be
provided at each arcade.
(k) Hours of Operation. The hours of operation shall be
limited to between 8: 00 A.M. and 10: 00 P.M., every day of the
week.
(1) Aqult Supervision. An adult supervisor shall be
present at all times during hours of operation and if the number
of arcade and game machines exceeds 40, there shall be two adult
supervisors present at all times during hours of operation.
(m) Noise. No amplified music shall be audible on the
exterior of the premises.
en) Smoking, Eating, and Drinking. No alcoholic beverages,
food, drink, or cigarettes shall be sold or consumed on the
premises and there shall be no smoking within the arcade.
Appropriate notification shall be displayed within the premises.
(0) Litter. The premises shall be continuously maintaIned
in a safe, clean, and orderly condition.
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.~ (p) Abandonment. A legal nonconforming arcade that is
closed continuously for a period of one year shall be declared
abandoned. To resume operation, the abandoned arcade must obtain .
a Performance Standards Permit in accordance with this Section.
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Section 9050.10 Surface Parking Lots Used for
~ Automobile storage in the BCD District. The purpose of this
section is to ensure that surface parking lots used for
automobile storage will not adversely impact the environment of
the nearby residents or diminish the integrity of any district.
The following performance standards shall apply to surface
parking lots used for automobile storage:
(a) M_~ximum Height. The finished grade
parking lot used for automobile storage shall
inches in height above average natural grade.
(b) Front Yard Setback. As shown on the off icial
districting map of the city, but in no event shall the front yard
be less than 5 feet.
of a surface
not exceed 18
.
(c) Rear Yard Setback. lS feet (measured from the
centerline of the rear alley, if any), and if no rear alley,S
feet.
(d) Side Yard Setback. The side yard shall be 5 feet.
No side yard shall be required adjacent to a commercially zoned
parcel.
(e) Walls. Walls shall conform to the provisions of
Subchapter 5.
(f) Use of Required Yards. There shall be no parking or
access to the surface parking lot permitted within the required
side yard. Parking shall be permitted within the required rear
yard provided that parking does not extend to within 15 feet of
the centerline of a rear alley or to within 5 feet of the rear
. property line if there is no rear alley located adjacent to the
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parC!el, except that parking shall be permitted in a required
setback if the parcel line directly abuts a commercial district.
~
Access driveways shall be permitted within the required front or
rear yards provided they do not exceed the maximum width
permitted for parking lots and structure pursuant to Subchapter
5E.
(q) Landscapinq. The required front yard area shall be
landscaped pursuant to the provisions of Subchapter 5B.
Additional landscaping shall be provided and maintained in the
.
interior of a surface parking lot and in the required side yard
pursuant to the provisions of Subchapter SB.
(h) Vehicle Access. Vehicle access to and from all parking
lots shall be located a minimum of 20 feet, or a greater distance
if practical, from any residentially zoned parcel not in
commercial parking use.
(i) Screeninq. Screening of automobile storage lots shall
.
comply with the provisions of section 9041.9.
(j) Liqhting. Lighting shall be provided pursuant to the
provisions of section 9040.27.
(k) Paving. All surface parking lots used for automobile
storaqe shall be surfaced with a minimum thickness of two inches
of asphaltic concrete over a minimum thickness of four inches of
a base material or alternative equivalent material approved by
the Parkinq and Traffic Engineer.
(1) Architectural Review All surface level parkinq lots
shall be subject to architectural review pursuant to the
provisions of Chapter 5 of this Article.
(m)
APplicability Within three years of the effective date .
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lit /P'o
of this Chapter, existing surface parkinq lots used for
automobile storage shall comply with the provisions of this
Section.
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Section 9050.11. Residential Uses in Commercial Districts.
The purpose of this Section is to ensure that residential uses in
commercial districts are not adversely impacted by adjacent
commercial uses. Residential units are desired by residents of
this City because of their convenience and the environment they
create. However, the potential traffic, noise, and safety
impacts of this use require that special regulations be imposed
in the interest of nearby businesses and the residents of the
housing units. Th~ following special conditions shall apply to
residential units in co~mercial districts:
(a) Location. The residential units shall not be located
on the ground floor except where specifically permitted.
Residential units may be located on the ground floor provided
they are incorporated into the commercial or manufacturing space
of which the activity area is located next to the street, i.e.,
an artist studio with gallery in front and a sleeping loft or a
bedroom in the rear.
(b) Access. The residential units shall have a separate
and secured entrance and exit that is directly accessible to the
parking.
(c) parkinq. Residential use parking shall comply with
Subchapter SE. Parking may be shared when the commercial or
manufacturing use generates a parking demand primarily during the
hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. However,
at least one parking space for each residential unit shall be
provided at all times, clearly marked for residential use only,
and shared use of this space shall not be permitted.
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(d) Noise. ~esidential units shall ~. constructed so tha~
lk J<-.
interior noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 4S decibels for more than 30
minutes between the hours of 11:00 P.M. and 7:00 A.M.
(e>
Liqhting.
All lighting shall comply with section
9040.27.
--
(f) Oesiqn. The floors devoted to residential units shall
provide an exterior appearance and character which denotes it as
. -
housing and is visibly different from the co~~ercial or
manufacturing floors through the use ot patios, changes in
fenestration, and appropriate levels of detail, while maintaining
a cohesive quality.
(9) Landscaping. Landscaping shall be used to minimize
traffic noise with the possibility of creating unique rooftop
gardens overlooking the streets.
(h) Refuse storaqe and Location.
The residential units
shall maintain a separate refuse storage container separate from
that used by the commercial and manUfacturing business. It shall
be clearly marked for residential use only and use by commercial
and manUfacturing Dusinesses is prohibited.
(i) Setbacks. Residential units located in a commercial
district shall be set back an average of 10 feet, but in no case
less than S feet, from all parcel lines.
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'. Section- 9050. 12.
Sidewalk Cafes.
The purpose of this
section is to permit sidewalk cafes that enhance the pedestrian
ambiance ot the City and to ensure that they do not a;'erselY~
impact adjacent properties and surroundinq neiqhborhoods
consistent with the qoals, objectives, and policies of the
General Plan. The followinq special conditions shall apply to
sidewalk cafes:
(a) Applicability. Sidewalk cafes may be permitted in a~l
commercial districts only with approval of a Performance
.
Standards Permit. A sidewalk cafe shall comply with the property
development standards for the district in which it is to be
located and with this Section. The provisions of this Section
shall apply to all new sidewalk cafes and to all existinq
sidewalk cafes at such a tim4 as the sidewalk cafe is expanded or
.
enlarqed.
(b) Accessory Use. A sidewalk cafe shall be conducted as
an accessory use to a legally established restaurant or other
eatinq ~d drinkinq establishment that is located on a contiguous
adjacent parcel.
(e)
License Aqreement.
A License Aqreement: shall be
approved in a form required by the City. Sidewalk cafes on the
Third' street Mall shall comply wi th the adopted Outdoor Dininq
~
Guidelines for the Third street Hall Specific Plan area.
Cd) Sarriers. It barriers are provided, they shall be in
the manner required by the city. Sidewalk cafes on the Third
street: Mall shall comply with the adopted outdoor Dininq
Guidelines tor the Third Street Mall Specitic Plan area.
.
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~
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'~ <e> Bnclosure. Awninqs or umbrellas may be used in
conjunc~ion with a sidewalk cafe, but there shall be no permanent
roof or shelter over the sidewalk cafe area. Awnings shall be
adequately secured, retractable, and shall comply with the
provisions of 1:he Uniform Buildinq Code adopted by the. City.
Sidewalk cafes on the 'third Street Mall shall comply with the
adopted OU~door Dining Guidelines tor the Third Street Mall
Specific Plan area.
(t) Fixtures. The furniShings ot the interior of the
sidewalk cafe shall consist only of movable tables, chairs, and
'''''''"'rallas. Liqht.inq fixtures may be permanen~ly affixed onto the
exterior front. of the principal buildinq. Sidewalk cafes on the
Third Street Mall shall comply with the adopted Outdoor Dininq
guidelines for the Third Street Mall Specific Plan area.
(q) Refuse storaqe Area. No structure or enclosure to
acc~oda~e ~e storaqe of trash or qarbage shall be erected or-
placed on, adjacent to, or separate from the sidewalk cafe on the
public sidewalk or right-of-way. Sidewalk cafes shall remain
clear of litter at all times.
(h) Hours of. Operation. The hours of operation of the
sidewalk cafe shall be lind ted to the hours of operation o-t the
associated restaurant or other eating and drinking establishment.
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Section 9050.13.
Service stations.
The purpose of this
Section is to ensure that service stations do not result in an
adverse impact on adjacent land uses, especially residential
uses. While service stations are needed by residents, visitors,
and employees in the City, the traffic, glare, and patterns of
use associated with service stations, particularly those open 24
hours per day, may be incompatible with nearby uses, particularly
residential uses. Mini-markets .in service stations may cause
greater impacts because they are more likely to serve people
passing through the City from other colft1ll\Uli ties than nearby
residents, and they tend to attract a higher incidence o~ crime.
Therefore, in the interest of protecting the health, safety, and
general welfare of the city and its residents, special
regulations shall be imposed on service stations, consistent with
the goals, objectives, and policies of the General Plan. 'the
following special conditions shall apply to service stations:
(a) Applicability. Service stations may be permitted with
the approval of.a Performance Standards Permit in those districts
as provided in Subchapter 4. All service stations shall comply
with the property development standards for the district in whiCh
it is to be located and with this section. The provisions of
this section shall apply torall new service stations and to all
existing service stations at such time as existing stations come
before the City for an expansion of 10% or greater in floor area,
remodeling, or any other development that would cost more than
50% of the value of the improvements on the parcel at the time of
remodeling, excluding land value.
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~ Cb) ~nimum lot Size. The minimum lot size shall be 15,000
square feet.
e c) Mj,nimum street Frontage. Each parcel shall have a
minimum street frontage of 100 feet on each abutting street.
(d) Setbacks. No building or structure shall be located
within 30 feet of any public right-of-way or within 20 feet ot
any interior parcel line.
(e) Gasoline Pump~. Gasoline pumps shall be at least 15
..
feet from any property line and a minimum of 20 feet :from any
public right-ot-way.
(t) canopies. Canopies shall be at least 5 feet from any
property line..
(g) Walls. Service stations shall be separated from an
adjacent property by a decorative masonry wall of not less than 6
teet in height. Materials, textures, colors, and design of all
walls shall be compatible ~ith service station design and
adjacent properties.
No wall required to be erected and
maintained by this section shall be constructed within 5 feet of
a driveway entrance or vehicle access way opening onto a street
or alley which would obstruct a cross view of pedestrians on the
sidewalk, alley,"or elsewhere by motorists entering or standinq
on the parcel.
F
(h) Pavinq. The site shall be entirely paved, excepi: for
buildinqs and landscaping-..
ei} Landscapinq. The service station site shall be
landscaped pursuant to the following standards:
. ( 1) A minimum of 15% of the sits shall be landscaped
includinq a plantinq strip at least 3 feet wide alonq all
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interior parcel lines, non-drivBway stre&~ frontages, and
>~ ~
adjacent to buildings. Planters shall be surrounded by masonry
or concrete 'curbs and so arranged as to preclude motor vehicles~
from driving across the sidewalk at locations other than access
driveways.
Permanent opaque landscaping or berming shall be
provided and maintained in the planters at a height of not less
than 3 fee1: above th~ averaqe adjacent grade.
(2) A minimum of 150 square foot landscaped area
shall be provided at the intersection ot two property lines at a
s'treet corner.
(3) All landscaped areas shall be properly maintained
in a neat, orderly, and safe manner, pursuant to Subchapter SB.
Such landscaping and maintenance shall include, but not be
limited to, the installation and usa ot an automatic irrigation
system, permanently and completely installed, which delivers.
water directly to all landscaped areas.
(4) All existing street trees shall be preserved, and
driveways and veh~cle approaches shall be designed so as not to
.
.
necessitate the removal at any existing street trees.
(5) Final landscaping design treatment shall be
subject to review and approval by the Architectural Review Board.
(j) Access and Circulation. No more than one driveway with
a maximum width ot 35 feet shall be permitted on anyone street
frontage and shall be located as tollows:
(1) Driveways shall not be located closer than 50
feet from a street intersection, l5 feet from a residential
property line or alley, nor as to otherwise interfere with the~
movement and safety of vehicular and pedestrian traffic, subject
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~o,~. app~val ot/the Parking and Traffic'Engineer.
(2) All lubrication bays and wash racks shall - be
~ located within a fully enclosed building. Access to the servicB
bays and wash racks shall not be located within so feet of a
residentially zoned property.
(k) Parklnq. Parking shall be provided in the following
manner:
.
(1) There shall be a minimum of two parking spaces
.
for each service bay, plus three spaces if full-service, one
space it salf-service, plus one space for Bach 100 square fee~ of
retail area.
~
(2) The'parking area shall be landscaped and striped
in conformance with Subchapters 5B and SF.
(3) CUstomer and employee parking shall not be
utilized for autOlDobile repair, finiShing work, or storage of
vehicles. ·
(4) Vehicles in the process of being serviced may be
parked on the premises for a maximum period of two weeks, bu1:
additional parking spaces shall be provided for this purpose.
(5) No vehicle that will be or has ~een serviced may
be parked on public streets, sidewalks, parkways, driveways, or
alleys.
.
r
(6) No vehicle may be parked on the premises for the
purpose ot Offering i~ for sale.
(1) Air and Water. Each service station shall provide air
and water to customers without charge and at a convenient
location durinq hours when gasoline is dispensed.
(m) Restrooms. Each service station shall provide a menls
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and~women's~ublic restroom which are accessible to the qeneral
public includinq the physically disa}:)led during' all hours the
service station is open to the public. Restrooms shall be ~
attached to a structure on site with entrances or siqnaqe clearly
visible from the gasoline service area or cashier station and
concealed trom view o~ adjacent properties by planters ot
decorative screening and shall be maintained on a regular basis.
(n) Telephones. At least one public telephone shall be
provided at each service station in a location that is easily
visible from public riqhts-of-way.
(0) Vendinq Machines. Coin-operated vendinq machines may
be permitted wi~in or abutting a structure for ~e purpose of
dispensing items CQ'nI""only found in service stations, such as
refreshments and maps.
(p) Mini-Marts. Mini-marts may be permitted on the site Of.
a service station subj ect to the followinq development standards:
(1) One on-site parking space for each 100 square
feet of retail space shall be provided in addition to the
required parking spaces for the service station.
(2) The mini-mart shall be designed with materials
compatible wi~ the service station and surrounding properties.
(3) Arcade or game machines or other coin-operated
elecuanie machines shall b8~ prohibited.
(q)
Location ot Activities.
All repair and service
ac~ivities and opera~ions shall be conduc~ed entirely within an
enclosed service building, except as tollows:
(1) The dispensing of petroleum products, water, and.
air from pump islands.
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'~ ...(2) Replacement service activities such as wiper
blades, fuses, radiator caps, and lamps. -
~ (3) Minor repair work taking less than one hour to
perform.
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(4) The sale of items from vending machines placed
next to the principal building in a designated area not exceed 32
square feet and screened from public view.
(5) The display of merchandise offered for customer
convenience on each pump island, provided that the aqqreqate
display area on each island shall not exceed 12 square feet and
that the products shall be enclosed in a specially designed case.
(6) Motor vehicle products displayed along the front
of the building and within 36 inches of the building, limited to
5 feet in heiqht and not more than lO feet in length.
(r) Refuse Storaqe and Disposal. Trash areas shall be
provided and sareened on at least three sides from public view by
a solid opaque impact-resistant wall not less than 5 feet in
height as required by Section 9040.15.
(1) lil trash shall be deposited in the trash area
and the qates leading theret.o shall be maintained in working
~rder and shall remain closed except when in use.
e 2) Refuse bins shall be provided and placed in a
location convenient tor cuStomers.
(3) ~rash areas shall not b& used for storage. The
premises shall be kept in a neat and orderly condition at all
times and all improvements shall be maintained in a condition of
reasonable repair and appearance. No used or discarded
automotive parts or equipment, or permanently disabled, junked,
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or ~ecked vehicles may be stored outside the main building.
(s) Utilities. All utilities shall be placed underground.
(t) Liqhtinq. All lighting shall comply with the
provisions of section 9040.27.
Cu) Equipment Rental. Rental of equipment such as trailers
and trucks shall be permitted sUbject to the following
restrictions:
(1) The rental equipment does not occupy or interfere
with the required parking for the automobile service station.
(2) The rental of the equipment is clearly incidental
and secondary to the main activity on the site.
(3) The merchandise is screened from view in
conformance with Section 90404.13.
(v) operation of Facilities. The service station shall at
all times be operated in a manner not detrimental to surrounding
properties or residents. Site activities shall not produce or be
reasonably anticipated to produce any of the following:
(l) Damage or nuisance from noise, smoke, odor, dust,
or vibration.
(2) Hazard from explosion, contamination, or fire.
(3) Hazard occasioned by the unusual volume or
character of traffic, or the congregating of a large number o'f
people or vehicles.
(w) Securi ty Plan. A securi ty plan shall be developec1 by
the applicant and approved by the city Chief of Police prior to
issuance of a building ~ermit.
(x) Abandonment. Any legal nonconforming service station
that is closed continuously for a period of at least one year
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shal~ be declared abandoned.
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Section 9050.14 Shelter for the Homeless. The purpose of
these standards is to ensure the development of shelters for the
homeless do not adversely impact adjacent parcels or the
surrounding neighborhood, and shall be developed in a manner
which protects the health, safety, and general welfare of the
nearby residen~s and businesses, while providing for the housing
needs of a needy segment of the co",munity.
The following-
performance standards shall apply to shelters for the homeless:
C a) Property Development Standards. The shel ter for the
homeless shall conform to all property development standards ot
the zoning district in which it is located except as modified by
these performance standards.
Cb) Maximum Number of persons/Beds. The shel tar for the
homeless shall contain a maximum of 40 beds and shall serve no
more than 40 homeless persons.
(c) Liqhtinq. Adequate external lighting shall be provided
for security purposes.
The lighting shall be stationary,
.
directed away from adjacent properties and public rights-of-way,
and of an intensity compatible with the neighborhood.
Cd)
Laundry Facilities.
The development shall provide
laundry facilities adequate for the number of residents.
ee) Co~on Facilities. 'The development may provide one or
more of the following specific cOM'Tllon facilities for the
exclusive use at the residents:
(1) Central cooking and dining ~oom(s).
(2) Recreation room.
( f)
security.
Parking facilities shall be designed to
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shlll be d~clared abandoned.
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Section 9050.14 Shelter for the Homeless. The purpose ot
these standards is to ensure the development of shelters for the ~
homeless do not adversely impact adjacent parcels or the
surrounding neighborhood, and shall be developed in a manner
which protects the health, safety, and general welfare of the
nearby residen~s and businesses, while providing tor the housing
needs of a needy segment of the community.
The followinq
performance standards shall apply to shelters tor the homeless:
(a) Property Development Standards. The shelter for the
homeless shall conform to all property development standards of
the zoninq district in which it is located except as modified by
these performance standards.
(b) Maximum Number of Persons/Beds. The shelter for the
homeless shall contain a maximum of 40 beds and shall serve no ~
more than 40 homeless persons.
(e) Liqhtinq. Adequate external lighting shall be provided
tor security purposes.
The lighting shall be stationary,
.
directed away from adjacent properties and public rights-ot-way,
and of an intensity compatible with the neighborhood.
Cd)
Laundry Facilities.
The development shall provide
laundry facilities adequate for the nmnher of residents.
(e) Common Facilities. The development may provide one or
more of the following specific co~mQn facilities for the
exclusive use of the residents:
(1) central cooking and dining ~oom(s).
(2) Recreation room.
(f)
Security.
Parking facilities
shall be designed to.
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provide seGUrity for residents, visitors, and employees.
(g) Landscaping. on-site landscapinq shall be installed
~ and maintained pursuant to the standards outlined in Subchapter
58.
(h) On-Site Parkinq. On-site parking for homeless shelters
shall be subject to requirements set forth in Section 9044.4
(i) Outdqor Activity. For the purposes of_noise abatement
in residential districts, outdoor activities may only be
conducted between the hours of 8:00 A.M. to lO:OO P.M.
(j) Concentration ot' Uses. No more than one shelter for
the homeless shall be permitted within a radius of 1,000 feet
from another such shelter.
.
(k) Refuse. Homeless shel tars shall provide a refuse
storaqe area that is completely enclosed with masonry walls not
less than ~ive (5) feet high with a solid-qated opening and that.
-is larqe enough to acco~~date a standard-sized trash bin
adequate for the parcel. The refuse enclosure shall be
accessible to refuse collection vehicles.
.
(l) Health and Safety Standards. The shelter for the
homeless must comply with all standards set forth in Title 25 of
the California Administrative Code (Part 1, Chapter F, Subchapter
12, Section 7972).
em> Shelter Provider.' The agency or organization operating
the shelter shall comply with the following requirements:
(l) Temporary shelter shall be available to residents
for no more than 60 days. Extensions up to a total stay of laO
days may be provided if no alternative housing is available.
(2) Staff and services shall be provided to assist
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res!tients ta-obtain permanent shelter and income. such services
shall be available at no cost to all residents of a provider's
shelter or shelters.
(3) The provider shall not discriminate in any
services provided.
(4) The provider shall not require participation by
residents in any re11qious or philosophical ritual, service,
meeting or rite as a condition of eligibility.
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Subchapter 7. Special Conditions for Conditional Uses.
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Section 9055.l.
Purpose.
The uses contained in this
Subchapter may cause negative impacts in the area in which they
are proposed to be developed and thus they require approval of a
Conditional Use Permit. The special conditions contained in this
Subchapter are intended to explicitly describe the location,
configuration, design, amenities, operation, and other conditIOns .
of approval for these uses which alonq with additional conditions
of approval for the Conditional Use Permit will ensure the
potential impac'ts are minimized, consistent wi.th the goals,
objectives, and policies of the General Plan.
section 9055.2. Applicability. The Planning Commission, or
~ City council on appeal, may approve a Conditional Use Permit for
'the proposed proj ect on the condition that the proj ect comply
with the special conditions contained in this Subchapter.
Projects subject to approval of a Conditional Use Permit must
also comply with all other requirements of this Chapter unless
otherwise provided in this Section. The Planning Commission, or
city Council on appeal, may require addi tional condi tions of
approval of the Conditional Use Permit to ensure that the
r
potential impacts of the project are minimized.
When the
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proposed proj ect does not meet the required special conditions
and cannot be conditioned or modified to comply with the special
conditions, the Planning commission, or City Council on appeal,
shall disapprove the project.
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section 9055.3..
Child Day Care Centers in Residential
Districts. The purpose of this Section is to ensure that child
day care centers in residential districts where permitted do not
~
adversely impact the adjacent neighborhood.
Child day care
centers are needed by residents in this Ci ty , especially in
proximity to their homes in residential neighborhoods and in
residential surroundings to give children a home environment
which is conductive to healthy and safe development. However,
the potential traffic, noise, and safety impacts of this use
require that special regulations be imposed in the interest of
nearby residents and the children in the day care facility. The
following special conditions shall apply to ~hild day care
centers in residential districts:
(a) structures. A child day care center shall conform to
all property development standards of the zoning district in
which it is located unless otherwise provided in this Section..
(b) Outdoor Play Area. stationary play equipment shall not
be located in required side yards.
(0) Fences and Walls. For purposes of noise abatement, a
six foot high solid fence shall be constructed on the interior
side property lines separatinq two residential parcels. In the
front yard, a fence or wall ~hall not exceed 42 inches in'heiqht
on interior parcels. MaterialS, textures, colors, and design of
the fence or wall shall be compatible with on-site development
and adjacent properties. All fences or walls shall provide for
safety with controlled points of entry.
(e) On-Site Parking. On-site parking' for child day care.
.
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ce~ers sh~l conform to the provisions of Subchapter SE.
Cf) passenqer Loadinq. The city parking and Traffic
~ Engineer shall approve a passenqer loading plan.
(q) Liqhtinq. Passenger loading areas shall be
illuminated. The lighting shall be directed away from adjacent
properties and of an intensity compatible with the residential
"neiqhborhood.
(h) Outdoor Activity. For the purposes of noise abatement
in residential districts, outdoor activities may only be
conducted between the hours of 7:00 a.m. to 8:00 p.m.
(1) state and Other Licensinq. All child day care centers
shall be state licensed and shall be operated accordinq to all
applicable state and local regulations.
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Section 9055.4.
Service stations.
The purpose ot this
section is to ensure that service stations do not result in an
adverse impact on adj acent land uses, especially residential
uses. While service stations are needed by residents, visitors,
and employees in the city, the traffic, qlare, and patterns of
use associated with service stations, particularly those open 24
hours per day, may be incompatible with nearby uses, particularly
resident-ial uses. Mini-markets in service st.ations may cause
qreater impacts because they are more likely to serve people
passing 'through ~e ci ty from other communi ties than nearby
residents, and they tend to attract a higher incidence of crime.
Therefore, in the interest of protecting the health, safety, and
general welfare of the city and it.s residents, special
regulations shall be imposed on service stations, consistent with
the goals, objectives, and policies of t.he General Plan. The
following special conditions shall apply t.o service stat.ions:
(a) Applicability. Service stations may be permitted with
the approval of a Conditional Use Permit in those districts as
provided in Subchapter 4. All service stations shall comply with
the property development standards for the district in which it
is to be located and with this Section. The provisions of this
section shall apply to allr new service stations and to all
existinq service stations at such time as existinq stations come
betore the City for an expansion of lot or qreater in floor area,
or a remodelinq, or any other developDent that would cost more
than 50% of the value of the improvements on the parcel at the
time of remOdeling, excludinq land value.
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~ (b) ~nimum lot Size. The miniMUM lot size shall be ~5,000
square feet.
(c) Minimum street Frontaqe. Each parcel shall have a
minimum street frontage of 100 feet on each abutting street.
(d) Setbacks. No building or structure shall be located
within 30 feet of any public right-of-way or within 20 feet of
any interior parcel line.
(e) Gasoline Pumps. Gasoline pumps shall be at least 15
feet from any property line and a minimum of 20 feet from. any
public right-of-way.
(f) Canopies. Canopies shall be at least 5 feet from any
property line.
(g) Walls. Service stations shall be separated from an
adjacent property by a decorative masonry wall of not less than 6
feet in height. Materials, textures, colors, and design of all
walls shall be compatible with service station design and
adjacent properties. No wall required to be erected and
maintained by the provisions of this Section shall be constructed
wi thin 5 feet of a driveway entrance or vehicle access way
opening onto a street or alley which would obstruct a cross view
ot pedestrians an the sidewalk, alley, Qr elsewhere by motorists
entering or standing on the parcel.
(h) pavinq. The si tEl shall be entirely paved, except for
buildings and landscaping.
(i) Landscapinq. The service station site shall be
landscaped pursuant to the following standards:
(l) A minimum of l5% of the site shall be landscaped
including a planting strip at least 3 feet wide along all
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int~ior p.rcel lines, non-driveway street frontages, and
adjacent to buildings. Planters shall be surrounded by masonry
or concrete curbs and so arranged as to preclude motor vehicles
from driving across the sidewalk at locations other than access
dri vewaY$ . Permanent opaque landscaping or berming shall be
provided and maintained in the planters at a height of not less
than 3 feet above the average adjacent grade.
(2) A minimum of 150 square foot landscaped area
shall be provided at the intersection of two property lines at a
street corner.
(3) All landscaped areas shall be properly maintained
in a neat, orderly, and safe manner, pursuant to Subchapter SB.
Such landscaping and maintenance shall include, but not be
limited to, the installation and use of an automatic irrigation
system, permanentlY and completelY installed, which delivers
water directly to all landscaped areas.
(4) All existing street trees shall be preserved, and
driveways and vehicle approaches shall be designed so as not to
necessitate the removal of any existing street trees.
(5) Final landscaping design treatment shall be
subject to review and approval by the Architectural Review Board.
(j) Access and Circulation. No more than one driveway with
a maximum width ot 35 teet shall be permitted on anyone street
frontage and shall be located as follows:
el) Driveways shall not be located closer than 50
feet from a street intersection, 15 feet from a residential
property line or alley, nor as to otherwise interfere with the
movement and safety of vehicular and pedestrian traffic, subject
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to~~e app~val of the Parking and Traffic Engineer.
(2) All lubrication bays and wash racks shall be.
~ located within a fully enclosed buildinq. Access to the service
bays and wash racks shall not be located within so feet of a
residentially zoned property.
(k) Parking-. Parking shall be provided in the following
manner:
(1) There shall be a minimum of two parking spaces
for each service bay, plus three spaces if fUll-service, one
space it self-service, plus one space for each 100 square teet ot
retail area.
~
(2) The parking area shall be landscaped and striped
in conformance with Subchapters SB and SF.
(3) CUstomer and employee parking shall not be
utilized for automobile repair, finishinq work, or storage of
vehicles.
(4) Vehicles in the process at being serviced may be
parked on the premises for a maximum period of two weeks, but
.
additional parking spaces shall be provided for this purpose.
(5) No vehicle that will be or has been serviced may
be parked on public streets, sidewalks, parkways, driveways, or
alleys.
.
(6) No vehicle may be parked on the premises for the
purpose of offering it for sale.
(1) Air and Water. Each service station shall provide air
and water to customers without charge and at a convenient
location during hours when gasoline is dispensed.
(m) Restrooms. Each service station shall provide a men's
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and 'Momen I s ....public restroom which are accessible to the general
public including the physically disabled during all hours the
service station is open to the public. Restrooms shall be
attached to a structure on site with entrances or signage clearly
visible from the gasoline service area or cashier station and
concealed from view of adjacent properties by planters of
decorative screening and shall be maintained on a regular basis.
(n) ~elephones. At least one public telephone shall be
provided at each service station in a location that is easily
visible from public rights-ot-way.
(0) Vendinq Machines. coin-operated vendinq machines may
be permitted within or abutting a structure for the purpose of
dispensing items commonly found in service stations, such as
refreshments and maps.
(p) Mini-Marts. Mini-marts may be permitted on the site of
a service station subject to the following development standards:
(1) One on-site parking space for each 100 square
feet of retail space shall be provided in addition to the
required parkinq spaces for the service station.
(2) The mini-mart shall be c1esiqned with materials
compatible with the service station and surroundinq properties.
(3) Arcade or game machines or other coin-operated
electronic machines shall be'prohibited.
(q) Location of Activities. All repair and service
activities and operations shall be conducted entirely within an
enclosed service building, except as follows:
el) The dispensing of petroleum products, water, and
air from pump islands.
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'It ....(2) Replacement service ac'tivities such as wiper
blades, fuses, radiator caps, and lamps.
~ (3) Minor repair work taking less than one hour to
perform.
( 4) The sale of items from vending machines placed
next 'to the main building in a desiqnated area not exceed 32
square feet and screened from public view.
(5) The display of merchandise offered for customer
convenience on each pump island, provided that the aggregate
display area on each island shall not exceed 12 square feet and
that the products shall be enclosed in a specially designed case.
(6) Motor vehicle products displayed along the front
of the building and within 36 inches of the building, limited to
5 feet in height and not more than 10 feet in length.
~
(r)
Refuse Storaqe and Disposal.
Trash areas shall be
provided and screened on at least three sides from public view by
a solid opaque impact-resistant wall not less than 5 feet in
height as required by Section 9040.15.
.
(1) All trash shall be deposited in the trash area
and the gates leading thereto shall be maintained in working
order and shall remain closed except when in use.
(2) Refuse bins shall be provided and placed in a
location convenient for customers.
(3) Trash areas shall not be used for storage. The
premises shall be kept in a neat and orderly condition at all
times and all improvements shall be maintained in a condition of
reasonable repair and appearance.
No used or discarded
. automotive parts or equipment, or permanently disabled, junked,
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or ~ecked ~icles may be stored outside the main building.
(s) utilities. All utilities shall be placed underground.
(t)
Liqhtinq.
All lighting shall comply with the ~
provisions of Section 9040.27.
(u) Equipment Rental. Rental of equipment such as trailers
and trucks shall be permitted subject to the followinq
restrictions:
(1) The rental equipment does not occupy or interfere
with the required parking tor the automobile service station.
(2) The rental of the equipment is clearly incidental
and secondary to the main activity on the site.
(3) The merchandise is screened from view in
conformance with Section 90404.l3.
(v) Operation of Facilities. The service station shall at
all times be operated in a manner not detrimental to surrounding .
properties or residents. Site activities shall not produce or be
reasonably anticipated to produce any of the following:
(1) Damage or nuisance from noise, smoke, odor, dust,
or vibration.
(2) Hazard from explosion, contamination, or tire.
(3) Hazard occasioned by the unusual volume or
character of traffic, or the congregating of a large nmnher of
people or vehicles.
(w) Securi ty Plan. A securi ty plan shall be developed by
the applicant and approved by the Chief of Police prior to
issuance of a building permit.
(x) Abandonment. Any legal nonconforming service station
that is closed continuously for a period of at least one year .
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shail be declared abandoned.
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section 9055.5. Automobile Repair Facilities. The purpose
of this Section is to provide for the mitigation of potential
noise, fumes, litter, and parking problems associated with
automobile repair facilities. The special conditions contained
in this section are intended to ensure that automobile repair
facilities operate harmoniously and are compatible with adjacent
and surrounding uses. In the interest of protecting the health,
safety, and general welfare of the City and its residents,
special conditions shall be imposed on automobile repair
facilities, consistent with the qoals, objectives, and policies
of the General Plan.
The following special conditions shall
apply to automobile repair facilities:
(a) Applicability. Automobile repair facilities may be
permitted with the approval of a Conditional Use Permit in those
districts as provided in Subchapter 4. Each automobile repair
facility, including one which is part of and incorporated within
an automobile dealership, shall conform to the property
development standards of the district in which it is to be
located, with Section 9050.4 or 9055.6, and with this Section.
Existing automobile repair facilities shall be subject to those
provisions of this section as are hereafter specifically
described.
..
Cb)
Minimum Lot Size. The minimum lot size for automobile
~
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repair facilities not associated with an automo~ile dealership
shall be 1,500 square feet for new lots created by subdivision or
combination after the adoption of this Chapter.
(c) Setbacks. An automobile repair facility shall comply ~
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w!1Jh the setback requirements tor the district in which it is
located.
(d) pavinq. The site shall be entirely paved, except for
buildings and landscaping. Existing automobile repair facilities
that are currently not paved shall conform with this requirement
within one year from the adoption of this Chapter.
(e) Landscapinq. A landscape area at least 2 feet wide
shall be provided along the perimeter of the parcel and along
building frontages, excluding authorized driveways, so that no
less than 10' of the repair facility site not occupied by
structures is landscaped. In all other respects, landscaping
shall conform to the requirements of Subchapter SB. Existing
automobile repair facilities shall comply with this subsection
within one year from the adoption of this Chapter.
(f) s~reeninq. If body repair work is performed by the
facili ty , screeninq approved by the Archj,tectural Review Board
shall be provided so that vehicles awaiting repair shall not be
visible from surrounding properties or public rights-at-way.
Existing automobile repair facilities shall comply with this
subsection within one year from the adoption date of this
Chapter.
(q) structures. Entrances to individual service bays
shall not face abutting residential parcels. All structures
shall b~ con~tructed to achieve a minimum standard Transmission
Coefficient (STe) sound rating of 4S - 50.
(h) Refuse. Refuse storage areas shall comply with
Section 9040.15.
(i) Lightinq.
All lighting shall comply with Section
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9040. 27 . 1'-0
(j) Repair Activities. All repair activities and
operations shall be conducted entirely within an enclosed
building. outdoor hoists are prohibited. Existing automobile
repair facilities shall comply with this subsection within one
year from the adoption date of this Chapter.
(k) Enclosure. Automobile repair facilities performing
body and fender work or similar noise-gener~ting activities shall
be conducted in fully-enclosed structures with walls of concrete
block or similar materials and doors in maximum hal~ open
position during operating hours. All painting shall occur within
a fully enclosed booth.
(1) Hours of operation. In all districts other than the
Hl District, no work shall be performed on automobiles between
the hours of 8:00 P.M. and 7:00 A.M., Monday through Saturday,
and no work shall be performed on Sundays.
em) Litter. The premises shall be kept in a neat and
orderly condition at all times and all improvements shall be
maintained in a condi tion of reasonable repair and appearance.
No used or discarded automotive parts or equipment or permanently
disabled, junked or wrecked vehicles may be stored outside the
main building-.
Cn) Sound. Sound generated from the repair facility shall
comply with Section 9040.3l.
(0) Abandonment. Any legal nonconforming automobile
repair facility that is closed continuously for a period of at
least six months shall be declared abandoned, except when caused
by an act of nature provided reconstruction of the building is
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commenced within one year of the date the damage occurs and is
diligently completed.
~ (p) storage. An exterior parking area shall be used for
employee and customer parking only and not for the repair or
finishing work or long term (over one week) storage of vehicles.
No vehicles to be repaired shall be parked or stored on any
street or in any alley.
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Section 9055.6. Automobile Dealerships in the C5 and C6
Districts.
The purpose of the section is to ensure that
dealerships do not create an adverse impact on
.
automobile
adj acent properties and surrounding neighborhoods by reason of
insufficient on-site customer and employee parking, traffic
generation, including road testinq of vehicles, obstruction o~
tra~~ic, visual blight, bright liqhts, noise, fumes, or drainage
run-off.
The following special conditions shall apply to
automobile dealerships.
(a) Applicability. All new automobile dealerships in the
C5 and C6 Districts shall comply wi th the property development
standards for the district in which it is located and with the
this section. Existing automobile dealerships in the C5 and C6
Districts shall comply with this Section when seeking any of the
following:
~
(1) CUmulative expansion of more than 50 percent of improved
square footage existing at the time of adoption of this Chapter.
(2) Any adj acent expansion of the land area on which the
dealership is located, whether by purchase, lease, business
~ombination or acquisition, or similar method.
(3) Any substantial remodel of the existing dealership.
Wi thin one year from the adoption of this Chapter, existing
automobile deale.rships shall be subj act to t:hose provisions of
this Section as are hereafter specifically described.
(b) Minimum Lot size. The minimum lot size shall be 15,000
square feet for new lots created by subdivision or combination
.
after the adoption of this Chapter.
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lk ec) Parkinq and vehicle storaqe.
parking shall be provided at no charge.
with Subchapter SE.
Areas designated for employee and customer parking shall not
be used for vehicle storaqe or display. Rooftop storage of
vehicles is permitted, and 50 percent of any such space shall be
counted as floor area for the purposes of computing floor area
ratio.
Employee and cus1:omer
Parking shall comply
(d) Landscapinq. Screening of display and non-display
areas shall comply with the provisions of Subchapter 5B. A
minimum tWo-foot landscape and decorati va curb strip, where
feasible, shall be provided along the street frontage perimeter
of all vehicle display areas. Landscape materials shall be
designed to provide an opaque visual buffer at least 12" in
height. Applicable setback requirements shall be expanded to
require a minimum 5 toot landscaped area adjacent to any abutting
residential district.
Final design treatment shall be subject to review and
approval by the Architectural Review Board. All parking areas
not used for automobile display shall be subject to the parking
lot screening requirements of Subchapter SB.
(e) Lighting. lil lighting shall comply with section
9040.27.
(f) Loadinq and Unloadinq of Vehicles. Loading and
unloading of vehicles is permitted only in accordance with this
subsection. The dealership operator shall be responsible and
liable for any activities of a common carrier, operator, or other
person controlling such loading or unloadinq acti vi ties to the
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extent any""" such activities violate the provisions of this
subsection.
(1) Loading and unloading of vehicles is limited to the ~
hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday,
excluding legal holidays.
(2) Off-loading shall be on-site or oft-site, subject to
the approval of the city Parking and Traffic Engineer. Loading
and unloading shall not block the ingress or egress of any
adjacent property.
(3) Existing dealerships shall, within one year of the
adoption of this Chapter, submit plans to the City parking and
Traffic Engineer for approval that satiSfy the requirements of
this subsection.
(4) New automobile dealerships or substantially
remodeled dealerships shall provide off-loading facilities on ~
private property (on or Off-site). Shared loading and unloading
facilities are permitted for the purposes of meeting this
requirement.
(q) storaqe of Vehicles to Be Repaired. No vehicles to be
repaired shall be parked or stored on any public street or alley.
(h) Repair of Vehicles. The repair and service facili ty
portion of an automobile dealership shall comply with the
provisions of Section 9055.5:
(i) Queuing of Vehicles. An adequate on-site queuing area
for service customers shall be provided. On-site driveways may
be used for queuing, but may not interfere with access to
required parking spaces. Required parking spaces may not" double
as queuing spaces.
.
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~
~
lk (j) "'l'est Driving. Test driving shall not be done on
residential streets or alleys. For the purposes of this
subsection, streets which are desiqnated by the City as major
collector streets shall be permissible areas for test drivinq.
Each dealership operator shall have an affirmative obliqation to
inform all its personnel of this requirement and to. ensure
compliance with it. Existing dealerships shall, within one year
of the adop~ion of this Chapter submit plans to the City Parkinq
and Traffic Engineer for approval to satisfy the requirements of
this sUbsection.
(k) Control of Alley Traffic. Notwithstanding the
prohibition of alley use for test driving, each dealership
operator shall present to the City Parking and Traffic Engineer,
coincident with the application for a permit for new dealerships
or substantial remodeling, and within one year of the adoption of
this Chapter for existing dealerships, a plan for slowing traffic
flow in alleys adj acent to their uses I wi th the obj ecti ve of
minimizing dangers to pedestrians and neighboring vehicle
operations, and of minimizing noise and other environmental
incursions into the neighborhood. Such plans shall be designed
to limit maximum speed to 15 miles per hour and may include
measures such as speed bumps or dips, one-way traffic patterns,
increased siqnaqe, parking~and loading prOhibitions and similar
measures.
(1) circulation. The location of entries and exits ~rom
automobile dealerships shall be located as far away from adjacent
residential properties as is reasonably feasible and shall be
. directed to commercial streets and away from residential areas by
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means of s~aqe and design. The interior circulation system
between levels shall be internal to the building' and shall not
require use of public ways or of externally-visible or uncovered ~
ramps , driveways or parking areas. No arrangement shall be
permitted which requires vehicles to back into an alley or other
public way.
(m) Noise control.
(1) There shall be no outdoor loudspeakers. Interior
loudspeakers shall produce no mora than 45 dba at a boundary
abutting or adjacent to a residential parcel, under normal
operating' conditions (e.g., with windows open it they are likely
to be opened).
(2) All noise qeneratinq equipment exposed to the
exterior shall be muffled with sound absorbing materials to
minimize noise impacts on adjacent properties and shall not be ~
operated before 8:00 A.M. or after 6:00 P.M. it reasonably likely
to cause annoyance to abuttinq or adjacent residences.
(3) Rooftop storage areas shall be screened with
landscapinq and noise absorbing materials to minimize noise
impacts on adjacent-properties.
(4) Existing dealerships shall comply with the
provisions of this subsection within six months after the
adoption of this Chapter.
(n) Toxic storaqe and Disposal.
(1) Gasoline storage tanks shall be constructed and
maintained under the same conditions and standards that apply for
service stations. .
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~
.
.
1. (2J There shall be full compliance with the terms and
conditions of all City laws relating to the storage and disposal
of toxic chemicals and hazardous wastes.
(0) Air quality.
(l) Use of brake washers shall be required in service
stalls or areas which perform service on brakes employinq
asbestos or other materials known to be harmful when dispersed in
the air.
(2) All mechanical ventilating equipment shall be
directed to top story exhaust vents which face away trom abuttinq
or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate
and reasonably available control technology to minimize or
eliminate noxious pollutants which would otherwise be emitted.
(p) Modification of Development Standards. Development
standards for the particular district in which a development is
located are modified and superseded by the following:
(1) There shall be no windows or other openinqs in walls
facing abutting or adjacent residential districts, except for
emergency-only pedestrian exits if required by the Buildinq and
Safety Division and for delivery facilities.
(2) When only one level of activity area is located
below grade and it is dedicated to uses typically included in FAR
calculations it located above grade level, the area shall not be
included in FAR calculations to the extent that there is a
sUbstituted usage above the first floor which would not be
included in FAR calculations if located below grade. If service
stalls are located below grade, but an equivalent square footage
- 289 -
abov. ~e ~trs~ floor is dedicated to parkinq (which would not be
counted in FAR if below grade), only the above-grade square
footage is to be included in FAR calculations. Only one level of ~
activity area shall be subject to this exemption.
.
~
.... ~\ ~
'f'"...... ...._
.
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IA'
....
section 9055.7.
~utomobile Rental Aqencies in the cs, C6;
~
and CC Districts. The purpose of this section is to ensure that
automobile rental agencies do not create an adverse impact on
adj acent properties and surrounding neighborhoods by reason of
insufficient on-site customer and employee parking, traffic
generation including road testing of vehicles, obstruction of
traffic, visual blight, bright lights, noise, fumes, or drainage
run-off.
The following performance standards shall apply to
automobile rental agencies:
(a) Minimum Lot Size. The minimum lot size shall be 7,500
square feet.
(b)
L_iqhtinq.
All lighting shall comply with the
provisions of Section 9040.27.
Cc) Washin~ of Vehicles. All washing, rinsing, or hosing
~ down of vehicles and of 'the property shall comply with Article
VII of this Code.
-,
~
(d):.Re~air of Vehicles.
No vehicle repair work shall occur
on the premises unless the rental agency is otherwise permitted
and licensed to repair vehicles.
(e) Parkinq and Vehicle storaqe. Employee and customer
parking shall be provided at no charge. Parking shall comply
wi th Subchapter 5E.
Areas designated for employee and customer parking shall not
be used for vehicle storage or display. ROOf-top storage of
vehicles is permitted, and 50 percent of any such space shall be
counted as floor area for the purposes of computing floor area
. ratio.
- 29l -
lk (t)
-
Landscaping.
Screening of display and non-display
areas shall comply with the provisions of Subchapter sa. A
minimum two-foot landscape and decorative curb strip, where ~
feasible, shall be provided along the street frontage perimeter
of all vehicle display areas.
Landscape materials shall be
designed to provide an opaque visual -buffer at least 12" in
height. Applicable setback requirements shall be expanded to
require a minimum 5 foot landscaped area adjacent to any abutting
residential district.
Final desiqn treatment shall be subject to review and
approval by the Archi tectural Review Board. All parking areas
not used for vehicle display shall be subject to the parking lot
screening requirements of Subchapter SB.
(g)
Loadinq and Unloading of Vehicles.
Loading and
unloading of vehicles is permitted only in accordance with this .
Subsection. The operator shall be responsible and liable for any
activities of a common carrier, operator, or other person
controlling such loading or unloading activities to the extent
any such activities violate the provisions of this subsection.
(1) Loading and unloading of vehicles is limited to the
hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday,
excluding legal holidays.
(2) Off-loading sharl be on-site or off-site, subject to
the approval of the City Parking and Traffic Engineer. Loading
and unloading shall not block the ingress or egress of any
property.
(3) Existing dealerships shall, within one year of the
adoption of this Chapter, submit plans to the Parking and Traffic
.
- 292 -
~
.
Enqineer for approval that satisfy the requirements of this
I; .....
subsection.
(4) New automobile rental agencies or substantially
remodeled agencies shall provide off-loading facilities on
private property (on or Off-site). Shared loading and unloading
facilities are permitted for the purposes of meeting this
requirement.
(h) circulation. The location of entries and exits from
rental agencies shall be located as far away from adjacent
residential properties as is reasonably feasible and shall be
directed to commercial streets and away from residential areas by
means of siqnage and design. The interior circulation system
between levels shall be internal to the building and shall not
require use of public ways or of externally visible or uncovered
ramps, driveways or parking areas.
No arrangement shall be
permitted which requires vehicles to back into an alley or other
public way.
(i) Noise Control.
(1) There shall be no outdoor loudspeakers.
Interior
loudspeakers shall produce no more than 45 dba at a boundary
abutting or adjacent to a residential parcel, under normal
operating conditions (e.q., with windows open if they are likely
to be opened).
(2) All noise generating equipment exposed to the
exterior shall be muffled with sound absorbinq materials to
minimize noise impacts on adjacent properties and shall not be
operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely
. to cause annoyance to abutting or adjacent residences.
- 293 -
f~ (3 )10-. Rooftop storage areas shall be screened wi th
landscaping and noise absorbing materials to minimize noise
impacts on adjacent properties. ~
(4) Existing agencies shall comply with the provisions
ot this subsection within six months after the adoption of this
Chapter.
(j) Toxic storaqe and Disposal.
(1) Gasoline storage tanks shall be constructed and
maintained under the same conditions and standards that apply for
service stations.
(2) There shall be full compliance with the terms and
conditions of all city laws relating to the storage and disposal
of toxic chemicals and hazardous wastes.
(k) Air Quality.
(1) Use of brake washers shall be required in service .
stalls or areas which ~erform service on brakes employing
asbestos or other materials known to be harmful when dispersed in
the air.
(2) All mechanical ventilating equipment shall be
directed to top story exhaust vents which face away from abutting
or adjacent-residential properties.
(3) Exhaust systems shall be equipped wi th appropriate
and reasonably available control technology to minimize or
eliminate noxious pollutants which would otherwise be emitted.
.
- 294 -
~ section 9055.9. Neighborhood Grocery Stores in Multi-Family
Residential Districts. The purpose of this section is to permit
~ neiqhborhood qrocery stores in all multiple family residential
districts for the use and convenience of neighborhood residents.
.
The special conditions contained in this section are intended to
ensure that neighborhood grocery stores are compatible with the
scale and character of the surrounding neighborhood, and
consistent with the qoa~~ objectives, and policies of the
General Plan. The following special conditions shall apply to
neighborhood grocery stores in multiple family residential
districts:
(a) Applicability. All neighborhood grocery stores in
multi-family districts shall comply with the property development
standards for the district in which it is to be located and with
this Section.
(b)
Location.
No neighborhood grocery store shall be
located within 300 linear feet of an adjacent commercial district
in which similar facilities are located.
(c)
structure.
A neighborhood grocery store shall be
operated completely within an enclosed building. The store shall
be located on the ground floor and shall count as a residential
unit for the purpose of calculating the unit density permitted on
a parcel. The store "unit" may not be used for residential
.
purposes.
(d) Heiqht, Setback, and Parcel coveraqe. A neighborhood
grocery store shall comply with the height, setback, and parcel
coverage requirements for the residential district in which it is
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located. I~the store is contained in a structure that includes
other uses, no portion of the remaining portion of the structure
in which the store is located shall exceed the height, setback, .
and parcel coveraqe requirements for the residential district.
(e) Parkinq. A minimum of two off-street parking spaces
shall be provided for employees of the store. In addition, if
the neiqhborhood qrocery store exceeds 600 square feet, an
additional parking space shall be provided for each additional
300 square feet or a portion thereof.
(f) passenqer Loadinq. One on-street passenger loading
zone shall be located adjacent to the parcel near the entrance to
'the store for use by customers who arrive by automobile.
(g) Off-street Loadinq. One off-street loading area may be
used for parking by store customers. Loading and unloading of
store merchandise shall be permitted only between 8:30 A.M. and ~
6:00 P.M.
(h) Lightinq. Lighting shall comply with Section 9040.27.
(i) Hours of Operation. The store shall be open for
business only between 8:00 A.M. and 9:00 P.M.
(j) Maximum Size. No neighborhood grocery store shall
exceed 3,000 square feet.
(k) Alcohol Sales. No neighborhood grocery store shall be
permitted to sell alcoholic oeverages.
(1) Deliveries. Deliveries shall be permitted only between
the hours of 8:00 A.M. to 6:00 P.M. Monday throuqh Friday.
.
- 296 -
'k ...
Section 9055.10.
Drive-In, Drive-Throuqh, Fast-Food, and
T~ke-Out Restaurants. The purpose of this section is to ensure -
~ that drive-in, drive-through, fast food, and take-out restaurants
do not resul t in adverse impacts on adj acent properties and
residents or on surrounding neighborhoods by reason of customer
and employee parking demand, traffic generation, noise, light,
litter, or cumulative impact of such demands in one area,
consistent with the goals, objectives, and policies of the
General Plan. The following special conditions shall apply to
drive-in, drive-through, fast-food, and take-out restaurants:
(a) Applicability. Drive-in, drive-through, fast food, or
take-out restaurants may be permi tted only wi th approval of a
Conditional Use Permit. These restaurants shall comply with the
property development standards of the underlying- district and
~ with this Section. "The provisions of this section shall apply to
all new drive-in, drive-through, fast food, and take-out
restaurants and to any expansion of more than lOt of the gross
floor area or increase of more than 25% of the number of seats in
any such existing restaurant.
(b) Hours of Operation. When located on a site adjacent to
or separated by an alley from~any residentially zoned property, a
drive-in, drive-through, fast food, or take-out restaurant shall
not open prior to 7:00 A.M. nor shall it remain open after 10:00
P.M.
.
(c) Minimum Lot size. The minimum lot size shall be 10,000
square feet.
Cd) Driveways. Drive-in and drive-through restaurants shall
- 297 -
havekdouble Rriveways in all instances and these driveways shall
have space for at least 6 vehicles waiting for service.
(e) Park~nq. A parking and vehicular circulation plan
encompassing adjoining streets and alleys shall be submitted for
review and approval by the Parking and Traffic Engineer prior to
approval of a Conditional Use Permit.
(t) Refuse storaqe Area. A minimum of one outdoor trash
receptacle shall be provided on-si te adj acent to each dr! veway
exit. At least one additional on-site outdoor trash receptacle
shall be provided tor every ten (10) required parking spaces.
( g) Litter. Employees shall collect on-sf te and off-sf te
l!t:t:er including food wrappers, containers, and packaging trom.
restaurant products generated by customers within a radius of 300
feet of the property at least once per business day.
(h) Equipment. No noise generating compressors or other
such equipment shall be placed on or near 1:he property line
adjoining any residential district or any property used for
residential uses.
(i) Noise. Any drive up or drive through speaker system
shall emit: no more than 50 decibels four feet between the vehicle
and the speaker and shall not be audible above daytime 3mbient
noise levels beyond the property boundaries. The system shall be
designed to compensate for ambient noise levels in the immediate
area and shall not be located within 30 feet of any residential
district or any property used for residential uses.
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~
.
.
;/1 ~
Section 9055.1l.
Self-Service Storaqe Warehouse.
The
.
purpose of this Section is to ensure that sel f-service storage
warehouse operations, commonly known as "mini-warehouses,1I do not
result in an adverse impact on adjacent properties by reason of
parking demand, traffic generation, fire, or safety hazard,
visual blight, or use indirectly supportive of illegal or
criminal acti vi ty .
.
The special conditions contained in this
Section afe- intended to serve to differentiate self-service
storage warehousing uses from more intensive wholesale or general
warehousing uses, especially in regard to the differing parking
requirements for these uses. The following special condi tions
shall apply to self-service storage warehouses:
(a) Applicability. All self-storage warehouses shall comply
with the property development standards for the district in which
~ it is 1;0 be located and with this Section. The provisions of
this Section shall apply to all new self-storage warehouse uses
and to all existing facilities at such time as the storage area
of the existing business is expanded.
(b) Business Activity.
No business activity shall be
conducted other than the rental of storage spaces for inactive
storage use.
(c) Enclosure. All stora~e shall be fully enclosed within a
r
building or buildings.
(d) Hazardous Materials.
No
flammable
or
otherwise
hazardous materials shall be stored on-site.
.
- 299 -
'I; ....
Section 90S5.12. One story Accessory Buildinqs OVer 14 Feet
in Height or Two story Accessory Buildings with a Maximum Height ~
of 24 Feet.
The purpose of this Section is to ensure that
accessory buildings located in any residential district shall not
adversely impact either adjacent par~els or the surrounding
neighborhood, and shall be developed in a manner which protects
the integrity of the district. The following special conditions
shall apply to single story accessory buildings:
(a) property Development Standards. The accessory building
shall conform to all property development standards of the
residential district in which the accessory building is located.
(b) Minimum Lot,Size. The minimum lot size shall be 7,500
square feet.
(e) Maximum Buildinq Height. The maximum building height
shall be two stories, 24 teet in height. However, no accessory
building shall be higher than the principal building.
Cd) Side Yard Setbacks. The accessory building shall have
the same minim~~ side yard setback requirement as the principal
building on the parcel, but in no case less than 5 teet.
ee) Rear Yard Setbacks. The accessory building shall have
the same minimum rear yard setback requirement as the principal
buildinq on the parcel.
(f) Architectural compatibility. The accessory building
shall be architecturally compatible with the principal dwelling
and the surrounding neighborhood and shall incorporate the same
colors and materials as the main dwelling.
- 300 -
.
.
~
.
.
~ (g) Maximum Size. No accessory building shall exceed 650
square feet in size including the garage.
(h)
Kitchen.
The accessory building shall contain no
kitchen.
(1) Full Bath. The accessory building may contain a sink
and toilet, but shall not contain a shower or tub enclosure.
.
Where there is a swim~inq pool or spa located on the premises, a
shower which is located outside may be permitted.
(j) Rentinq. No accessory building shall be rented for any
purpose or o~erwise used as a separate dwellinq unit.
(k)
Deed Restriction.
Prior to issuance of a building
permit tor any accessory buildinq, a deed restriction in the torm
approved by the City shall be executed and recorded to ensure
compliance with this Section.
- 301 -
I" ...
Subchapter 8. Condominiums.
.
section 9060.1. Purpose. The purpose of this Subchapter is
to establish development standards and special conditions for the
protection of the co~~unity and purchasers or renters of both new
and converted r~sidential and commercial condominiums, co~munity
apartment proj ects, and stock coopera'ti ves, and the lessors of
cooperative apartments, consistent with the goals, objectives,
and policies of the General Plan.
section 9060.2.
Applicability.
All new or converted
residential and commercial condominium~, community apartment
projects, stock cooperatives, and cooperative apartments shall
conform to the provisions of this Subchapter and shall require
approval of a Conditional Use Permit in addition to compliance
with any and all requirements of Chapter 3 of this Article for
~
preparation, review, and approval of a Subdivision Map. This
section shall not apply' to Tenant Participating Conversion
processed in accordance with Article XX of the Santa Monica City
Charter.
section 9060.3.
Minimum Requirements.
Except as
r
otherwise provided by law, in approving or conditionally
approving any condominium projects, the Planning Com~ission, or
City council on appeal, shall require the following:
(a)
Residential Parkinq.
Off-street parking shall be
provided pursuant to standards for new construction in Subchapter ~
5E. Required off-street parking spaces shall be covered and
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~
.
.
loc;ated wi~in the same structure as the dwelling units for which
they are required and shall be included in the ownership of each
condominium uni t. No off-street parking space required by this
section shall be sold, leased, or otherwise transferred. to the
control of any person or organization not an owner of one or more
units within the project except that spaces may be rented to
other owners within the project.
(b) Non-Residential Parkinq. Off-street parkinq shall be
provided in an amount not less than required for the use or uses
in the proj ect pursuant. to standards for new construction in
Subchapter SE.
(c) Yard and Hei9ht Requirements. All new condominium
projects shall comply with property development standards for the
district in which the condominium project is to be located except
that nothinq in this Section shall be construed to prohibit the
imposition of more restrict! ve requirements as a condition of
approval by the Planning Commission, or City Council on appeal or
review, when necessary to prot.ect the public health, safety, or
qeneral welfare, based upon appropriate findings.
Cd) Covenants; conditions, and Restrictions (CC & Rs). ~e
Covenants, Conditions, and Restrictions (CC & Rs) for the new or
convertinq condominium project shall include an aqreement by the
subdivider that the following shall be quaranteed by the
subdivider:
(l) Common area items, includinq, but not limited to,
the roo~ , pln'lllblnq, heating, air-condi tioninq , and electrical
systems until one year elapses from the date of the sale of the
last individual unit sold.
- 303 -
f~ (~) Items provided or installed wi thin individual
units by the subdivider, including, but not limited to,
appliances, fixtures, and facilities for a period of one year
from the date of close of escrow of each individual unit.
.
(3) Adequate provisions for maintenance, repair, and
upkeep of common areas.
(4) provisions that in the event of destruction or
abolishment, reconstruction shall be in accordance with codes in
effect at the time of such reconstruction.
(S) provisions for dedication ot land or
establishment of easements for street wideninq or other public
purpose.
(e) The CC & Rs shall provide that the non-subdivider
owners have the right to select or change the management group or
the homeowner association 90 days after sale or transfer of title ~
ot 51% of the units. The CC & Rs shall be subject to PlanRing
Commission review or City council review upon appeal. The
subdivider shall agree not to change the CC & Rs submitted to
obtain city approval of a new or converting condominium project
without the consent ot the Planning Commission, or City council
on appeal or review. The"CC &: Rs shall provide that subsequent
owners agree to make no changes in the CC & Rs imposing
restrictions on the age, race, national origin, handicap, sex,
marital status or other similar restrictions of occupants,
residents, or owners.
ef) Estimated Costs of Maintenance. The subdivider shall
submit an estimate of, and guarantee for, the maintenance costs
for a period of l2 months beginning at the close of escrow on the
.
- 304 -
~
.
.
fi;st unit "sold. The subdivider to be responsible for all costs
of normal maintenance in excess of the estimate.
- 305 -
F~ ....
Subchapter 8B. Condominium Conversions.
Except for Tenant
~
section 906l.1. Condominium Conversions.
Participating Conversions processed in conformance with irticle
XX of the City Charter, no condominium conversion shall be
approved unless:
(a) Removal of residential units from the rental market has
been approved by the Rent Control Board through issuance of a
certificate of exemption or removal permit when required.
(b) Tenants have been given a Tenant's Notice of Intent to
Convert pursuant to the provisions of California Government Code
section 66427.1 (Subdivision Map Act) prior to filing a Notice of
Pending Application to convert with the City Planning Division,
such notice to be given by the applicant and contain information
as to tenants' rights under state and local regulations.
(c) A Notice of Pending Application to Convert has been
filed with the city Planning Division prior to the filing of a
Tentative Subdivision Map and Conditional Use Permit Application.
The notice shall include a copy of the Tenants' Notice of Intent
to Convert and a Building Condition and History Report prepared
by a Building Inspection Service or similar agency acceptable to
the Building Officer and Fir~ Marshal. The report shall contain
such information set forth on forms to be provided by the
Director of Planning, including, but not limi ted to: date of
construction, a list of all repairs and renovations to be made,
an analysis of building conditions and any violations of housing,
fire, or building codes, a listing of the proposed improvements ~
.
- 306 -
~
.
.
to~be ca~ed out and an estimated time schedule, the present
rent schedule including type and length of tenancy, the estimated
prices of the converted units, a copy of the proposed CC & Rs,
and a Tenant Relocation Assistance Plan indicating the number of
tenants interested in purchasing or relocating and specific plans
for assisting in relocation of tenants. The subdivider shall
furnish each prospective buyer with a copy of this Report
together with the CC & Rs.
(d) Within sixty (60) days after the filing of a Notice of
Pending Application to Convert the City Planning Oivision has
prepared and delivered to the applicant a Conversion Report
includinq a staff recommendation for approval or denial, a
listing of conditions or requirements recommended as a basis for
approval, and supportive reasons or justifications for such
recommendations. No application for Tentative Subdivision Map or
Conditional Use Permit shall be accepted for filing prior to
preparation of a Conversion Report.
(e) Tenants have been notified in writing of all public
hearings in connection with an application for conversion and all
tenants subsequent to the ini tial notice of intent: shall be
notified in writing of the pending conversion prior to occupancy.
(f) The structural, electrical, fire, and life safety
systems of the structure ei~er are, or are proposed to be prior
to the sale of the un! 1:5, in a cendi tien of geod repair and
maintenance, including such alterations or repairs as are
required by the Building Officer.
(9) The structure presently has, or is intended to have
plmnhinq in sound condition, insulation of all water heaters, and
- 307 -
whe~e feas~le, pipes for circulated hot water, individual qas
and electrical meters, except in such cases where individual
meterinq is clearly inadvisable or impractical, adequate and ~
protected trash areas, and such other requirements as may be
imposed as a condition of approval.
(h) Written notice Of not less than one (l) year from the
date of tentative approval has been qiven t.o all residential
tenant.s ~o locate alternat.ive housing.
(i) For residential conversions, the Planning CO'lTlmission,
or city Council on appeal or review, determines that:
(1) '!'he conversion is consistent with the General
Plan.
(2) The vacancy factor of rental housing units in the
City has exceeded 5' of the total rental housing inventory for a
period of 90 days prior to the date of approval. In calculating
the vacancy factor, the Commission, or the city council on
appeal, shall consider the best available data, includinq, but
not limited to, studies by state and city aqencies includinq the
Rent Control Board and data compiled by the Southern california
Association of Governments. Existing rental units may be
approved for conversion regardless of the vacancy factor where
the Commission determines that a new rental unit has or will be
added to the city's housing inventory for each rental unit
removed throu9h conversion.
(3) The subdivider has complied with such other
requirements or conditions as the Planning Commission, or ci ty
Council on appeal, shall believe necessary or appropriate.
(j) No conversion of rental units to market-rate
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coQ4omini~ or coopera~ives shall be permitted until ~he ren~al
uni~s demolished or converted in 1978 and 1979 are replaced.
section 9061.2. Officer commercial,
Condominiums. [Reserved for Future Use.]
and
Industrial
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Subchapter 9. Nonconforminq Buildinqs and Uses.
Section 9080.1. Purpose.
(a) This Subchapter provides for the orderly termination of
nonconforming buildings and uses in order to promote the public
health, safety, and general welfare and to bring such buildings
and uses into conformity with the goals, objectives, and policies
of the General Plan.
~
(b) This Subchapter limits the expansion of nonconforming
uses and buildings, establishes the circumstances under which
they may be continued, and provides for the correction or removal
of such uses and buildings.
(c) Nonconforming uses within the City are detrimental to
the orderly development of the City and are detrimental to the
.
health, safety, peace, comfort, and general welfare of persons
and property within the City.
Cd) Nonconforming uses shall be eliminated as rapidly as
possible without infringing upon the constitutional rights of the
owners of nonconforming properties.
SectioD- 9080.2. Le9al, Nonconforminq Buildin9s. A legal,
nonconforming building is a ~tructure which lawfully existed on
the effective date of this Chapter but: which does not comply with
one or more of the property development standards for the
district in which it is located. A legal, nonconforming building
may be maintained as follows:
(a) Repairs and Alterations.
.
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e.
.
t. ~ 1) Repairs
nonconforming residential
residentia1 districts.
(2) Repairs and alterations may be made to
nonconformin9 commercial or industrial buildings, provided that
no structural alterations shall be made which would prolong the
life of the supporting members of a building, such as bearing
walls, columns, beams, or girders. Structural elements may be
modified or repaired if the Building Officer determines that such
modification or repair is i mmll!diately necessary t.o protect the
health and safet.y ot the public or occupants of the nonconforming
building or adj acent property and the cost does not exceed
one-half of the replacement cost of the nonconforming building.
(3) Chanqes to interior partitions or other
nonstructural improvements and repairs may be made to a
nonconforming co~ercial or industrial building but the cost of
improvement and repair shall not exceed one-half the replacement
cost of the nonconforming building over any five year period.
(4) The replacement cost shall be determined at the
time of building permi t application by the Building Officer I
whose decision may be appealed to the Buildinq and Safety
Commission.
(b) Additions and rEnlarqements. An addition to or
enlargement of a nonconforming building shall be permitted if the
addition or enlarqement is made to conform to all the regulations
of the district in which it is located, except that:
(1) A building not conforming as to height
regulations may be added to or enlarged, provided such addition
and alterations
buildings in
may be made to
and multi-family
Rl
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or ~larqem~t conforms to all of the regulations of the district
in which it is located, including the total floor area permitted
.
on the parcel.
(2) A residential building lacking sufficient parking
space as required by Subchapter 5E may be added to or enlarged
provided additional parking spaces are supplied to meet the
requir~~.nts of Subchapter SE for the new addition. Additional
parking shall ~e required for the addition of existing bedrooms.
(3) A commercial or industrial building lacking
sufficient parking spaces as required by Subchapter SE .may be
added to or enlarqed provided that additional parkinq spaces are
supplied to meet the requirements of Subchapter SE for the
addition or enlargement, and provided that no single or
cumulative addition or enlargement exceeds 25% of the floor area
of the buildinq existing on the effective date of this Chapter. ~
(4) A commercial or industrial building lacking
sufficient parking spaces as required by Subchapter SE may be
added to or enlarged beyond 25% of the floor area existing on ~e
effective date of this Chapter, provided additional parking
spaces are supplied to meet the requirements of Subchapter SE tor
the floor area of the entire building.
(e)
Replacinq Nonconforminq Features
or Portions
of
I
Buildinqs. Nonconforming fe~tures or portions of buildings that
are removed shall not be replaced unless they conform to the
provisions of this Chapter.
(d) Movinq. No nonconforming building shall be moved in
whole or in part to any other location on the parcel unless every .
portion of the building is made to conform to all. of the
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regulations. of the district in which it is located.
(e) Restoring. A nonconforming buildinq which is damaged
or destroyed to an extent of less than one-halt of its
replacement cost immediately prior to such damage may be restored
to its original condition only if the restoration is commenced
within one year of the- date the damage occurs and is diligently
completed.
(f) Rebuilding. A nonconforming building which is damaged
or destroyed to an extent of one-half or more of its replacement
cost immediately prior to such damage may not be restored to its
nonconforming condition but. must be made to conform t.o the
provisions of this Chapter. A desiqnated landmark structure or
historically significant building identified in the Historic
Resources surveyor Mall Design Guidelines which is damaged or
destroyed may be rebuilt it the buildinq is rebuilt to its
original state,
Section 9080.3. Legal, Nonconforming Uses. A legal
nonconforming use is one which lawfully existed on the effective
date of this Chapter, but which is not now permitted or
conditionally permitted in the district in which it is located.
A legal, nonconforming use shall comply with the following
provisions:
(a) Change of Owners~ip. Change of ownership, tenancy, or
management of a nonconforming use shall not affect its status as
a legal, nonconforming use.
(b) Abandonment. If a legal, nonconforming use ceases
operation for a continuous period of six months or more, that use
shall lose its legal, nonconforming status, and the premises on
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whiCh ~e nonconforming use took place shall from then on be used
for conforming uses only. Uses in building undergoing
restoration or reconstruction shall be exempt from this
requirement provided the provisions of section 9080.2 (e) are
complied with. Uses discontinued due to an act of nature shall
be exempt from this requirement provided reconstruction of the
buildinq is commenced within one year of the date the damage
occurs and is diligently completed.
(d) Conversion to Conforming Use. If a nonconforming use
is converted to a conforming use, the nonconforming use may not
be resumed.
(e) Expansion of Nonconforming Use. A nonconforming use of
a building or portion of a building that conforms to the
development standards of this Chapter shall not be expanded into
any other portion of the building nor changed except to a
conforming use. The nonconforming use of land shall not be
expanded or extended in area.
ef) Intensification of Uses. A nonconforming use shall not
be permitted to change in mode or character of operation. A
change in mode or character shall include but not be limited to,
extended hours of operation, substantial remodeling, or a change
in nnm},er of seats or service area floor space for bars and
restaurants.
Section 9080.4. Termination of Nonconforminq Buildings and
Uses. Nonconforming co~mercial or industrial buildings and uses
in the R1, R2, R2R, R3, R4, and RVC Districts shall be
discontinued and removed or altered to conform to the provisions
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of~ this ~apter within the following time limits from the
effective date of this Chapter:
(a) A nonconforming use which does not occupy a structure,
other than those uses listed below: 1 year.
(b) All buildings on the property used as a part of a
business conducted on the property: 20 years.
(e) Vehicle storage lots and vehicle sales lots: 5 years.
(d) Parking lots on residential zoned parcels shall be
permitted to remain provided:
(1) The commercial parcel sUppo~ed by the
residential parking lot is not redeveloped for another use.
(2) The lot remains as a surface level parking lot.
(3) The use or uses existing on the commercial parcel
supported by the residential parking lot do not change. For
purposes of this requirement, a change of use shall be defined as
any new use which requires more ~ntense parking standards than
exists on the effective date of this Chapter.
(4) The square footage of the existing cO~'!I'ercial
buildinq on the commercial. parcel is not added to or enlarged
beyond 50t of the floor area existing on the effective date of
this Chapter.
(5) The required parkinq for any new addition or
expansion under 50% is not located on the residentially zoned
parking lot.
A parkinq lot on a residentially zoned parcel shall revert
to residential use when one or more of the above conditions are
not met.
(e) Existing commercial or industrial uses in residential
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dis~icts with valid conditional use permits that do not contain
time limits: 5 years.
The Planning Co~~1ssion may extend the 5 year period, but in no
case more than lO years, provided the applicant demonstrates that
exceptional circumstances prevented the termination of the use.
A public hearing shall be- conducted in accordance wi th the
provisions for conditional use permits in Subchapter lOK.
(f) Notwithstanding any other provision of this Section, if
a conditional use permit for an existing commercial or industrial
use in a residential district has a specific time period that
such conditional use terminates, the conditional use permit shall
terminate pursuant to the permit and not this Section.
Section 9080.5. Public utility Exceptions. Nothing
contained in this SUbchapter shall be construed or implied so as
to require the removal of governmental or public utility
buildings, structures, equipment, or facilities provided that
there is not a change of use nor enlargement of the land area
devoted to the use.
Section 9080.6. Buildinq Permits or Certificates of
Occupancy Prohibited. When any nonconforming building or use is
required to be eliminated pursuant to the provisions of this
Subchapter, no building Permit or Certificate of Occupancy shall
thereafter be issued for further continuance, alteration, or
expansion of the nonconforming building or use. The issuance of
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.
th\ permit... or Certificate in error shall not be construed to
allow the continuation of the nonconforming building or use.
Section 9080.7. Removal of Illegal Nonconforming Buildings
and Uses. Nothing contained in this Subchapter shall be
construed or implied so as to allow for the continuation ot
illegal nonconforming buildings and uses. These uses shall be
removed immediately upon notification the Zoning Administrator.
Section 9080.8. continuation of Nonconforminq Uses. No
person shall occupy any nonconforming building and no person
shall continue any nonconforming use except as provided for in
this Subchapter.
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'It ....
Subchapter 10. zoning Administration.
Subchapter lOA. General Provisions.
.
Section 9100.1.
Purpose.
The role of the Zoninq
Administrator is to issue land use permits that are minor in
nature and which customarily result in an activity of generally
little public controversy and adverse impact.
The Zoning
Administrator provides the City with an opportunity to exercise
administrative discretion, adopt specific findings at fact to
support the resulting decision, and to require specific
conditions where warranted to ensure that the requested activity
or project is conducted or constructed in a manner consistent
with the goals, objectives, and policies of the General Plan.
section 9100.2. Authority. The Zoning Administrator shall .~
have jurisdiction of and be responsible tor the administration of
the requlations and provisions of this Chapter.
The Zoning
Administrator shall have the power and authority to hear, and the
responsibility to decide the following matters:
(a) Interpretations.
(b) Home occupation permits.
(e) Temporary use permits.
Cd) Performance standards permits.
(e) Variances.
(f) Reduced parking permits.
(g) Administrative approvals.
.
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.
.
.
~ SectiQP 9100.3. Interpretations. Whenever, in the opinion
of the Zoning Administrator, or at the discretion of the Planninq
Commission, there is any question regarding the interpretation of
the General Plan or t.he provisions of this Chapter or its
application to any specific case or situation, the Administrator
shall interpret the intent of this Chapter by written decision
which shall be filed with the Planning Commission. The
interpretation shall become effective 14 consecutive calendar
days from the date of the Planning commission meeting where the
interpretation appears on the agenda as an information item. The
interpretation shall become the standard interpretation for
future application of that provision ot this Chapter unless
changed by the Commission by its own action or on appeal. Any
person may appeal the interpretation of the Zoning Administrator
prior to the effec1:iv8 date. The appeal shall be heard by the
Planning commission within 60 consecutive calendar days and the
Planning commission may affirm, modify, or reverse the
interpretation of the Zoning Administrator. The decision of the
Planning Commission may be appealed to the City council in
accordance with the provisions of Subchapter lOL.
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Subchapter lOB. Home occupation Permits.
section 9110. 1
Purpose.
The Home Occupation Permit is
.
intended to allow tor home enterprises in residential districts
which are clearly incidental and secondary to the use of the
dwelling unit. and cOMpatible with surrounding residential uses.
A Home Occupation Permit allows for the gainful employment in the
home cy any occupant of a dwelling so long as the enterprise does
not require frequent customer access or have associated
characteristics which would reduce the surrounding residents'
enjoyment of their neighborhood.
Section 9110.2. Permit Required.
(a) The conduct of a home occupation in a residential
district requires the approval of a Home occupation Permit by the .
Zoning Administrator. Conditions of approval of the permit shall
require compliance with the operating standards listed in this
Subchapter and with any other additional conditions necessary to
further the intent of this Subchapter. A public hearing shall
not be required for issuance of a Home Occupation Permit.
Cb) An application for a Home Occupation Permit shall be
in a form prescribed by the Zoning- Administrator and shall be
filed with the City Planning Division pursuant to Subchapter 10J,
Sections 9130.1 through 9130.6. A Home Occupation Permit shall
remain valid only so lonq as the home occupation is conducted by
the permit holder at the dwelling unit approved for the home
occupation.
.
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Sect10n 9l10. 3. Findings. The Zoning Administrator may
approve a Home Occupation Permit application only when all of the
. following findings can be made and satisfied in an affirmative
manner:
.
.
(a) The home occupation shall be conducted entirely within
a dwelling or accessory building. Horticulture activities only
may be conducted outdoors but within the rear one-half of the
parcel.
(b) No portion of any required garage, or carport, shall be
used for home occupation purposes.
(c) The home occupation shall not alter the appearance of
the dwelling unit such that the structure may be recoqnized as
serving a nonresidential use (either by color, materials or
construction, lighting, signs, sounds or noises, vibrations,
etc. ) .
(d) There shall be no sales of goods or displays of goods
on the premises.
(e) There shall be no signs other than the address and name
of any resident.
(f) There shall be no outdoor advertising which identifies
the home occupation by street address.
(g) No commercial vehicles may be used for delivery of
materials, with the excepti~n of reasonable courier services, to
or from the premises, and no more than one vehicle larger than a
3/4 ton truck may be used in connection with a home occupation.
(h) Parking for any vehicle used in connection with the
home occupation shall be provided in addition to parking required
for residents.
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(i) Activities conducted and equipment, material or
hazardous materials used shall be identified on the Home
occupation Permit application and shall not change the
safety or occupancy classifications of the premises.
(i) No use shall create or cause hazards or nuisances due
fire
.
to noise, dust, vibration, odors, smoke, glare, electrica~
interference, or other reasons.
(k) No employees other than residents of the dwelling unit
.
shall be allowed to work, gather or conqregate on the premises in
connection with a home occupation with the exception of
babysitter. or domestic staff.
(1) Where the person conducting the home occupation serves
as an agent or intermediary between outside suppliers and outside
customers, all articles, except for samples, shall be received,
stored, and sold directly to customers at an ott-premise ~
location.
em) There shall be no storage of material or mechanical
equipment not recognized as being part of a normal household or
hobby use.
(n> There shal~ be no excessive or unsightly storage of
materials or supplies indoors or outdoors for purposes other than
those permitted in the residential district in which it is
located.
(0) The home occupation shall not generate pedestrian or
vehicular traffic beyond that ordinarily generated in the
residential district in which it is located.
.
(p) The home occupation shall not result in excess use of
utilities and public facilities in amounts greater than normally
.
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provided for residential Use.
(q) The Home Occupation Permit shall be valid only for the
. person to whom it is issued and shall be void when that person
moves from the dwelling unit or discontinues the business.
(r) The applicant agrees in writing to all conditions. The
Zoning Administrator shall prepare a written decision within 14
consecutive calendar days of a complete application being filed
The written determination shall contain the" findings of fact upon
which said decision is based. A copy of the decision shall be
mailed to the applicant.
Section 9110.4. Prohibited Home Occupation Uses. The
following uses included but not limited to, either by operation
or nature, are not incidental to or compatible with residential
activities and therefore shall not be permitted as home
~ occupations:
(a) Automotive and other vehicle repair (body or
meChanical), upholstery, painting, or storage.
(b) Barber or beauty shop.
(c) Carpentry or cabinet making.
(d) Welding or machine operation.
Ce) Medical offices, clinics and laboratories, except for
psychologists, speech therapists, and other professionals with
one-an-one counseling, therapy, or treatment that do not exceed 6
clients within 24 hours.
(f) Animal hospitals or grooming facilities.
(g) Contractor storage yards.
. (h) Massage parlors.
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(i). Dancing schools or exercise studios.
(j) Junk yards.
(k) other uses the Zoning Administrator determines to be
similar to those listed above.
Section 9110.5. Revocation. The Zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Home Occupation Permit in accordance with the following
procedures:
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearinq shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Home Occupation Permi t may be
revoked by the Zoning Administrator, or by the Planning
Commission on. appeal or review, if anyone of the foll-owing
findings are made:
(1) That the Home Occupation Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Home Occupation Permit was
qranted has ceased or has been suspended for six or more
consecutive calendar months.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
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.
.
.
specilic statute, ordinance, law or regulation.
(c) A written determination of revocation of a Home
. Occupation Permit shall be mailed to the property owner and the
permit holder within 10 days of such determination.
Section 9110.6 Appeal. Any person may appeal the approval,
conditions of approval, denial, or revocation of a Home
occupation Permit to the planning Commission if filed within 14
consecutive calendar days of the date the decision is made in the
manner provided in Subchapter 10L, Sections 9132.2 through
9132.4.
.
.
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.
Subchapter 10C. Temporary Use Permits.
Section 9111.1. Purpose. The Temporary Use Permit is
intended to allow for the short term placement (generally six
months or less) of activities on privately or publicly owned
property with appropriate regulations so that such activities
will be compatible with the surrounding areas.
Section 9111.2. Permitted Uses. The following uses may be
permitted, subject to the issuance of a Temporary Use Permit:
(a) Pumpkins, Christmas trees, and other seasonal product
sales provided the activity shall be permitted for a period not
to exceed 30 consecutive calendar days. A permit shall not be
required when the sales are in conjunction with an established
commercial business holding a valid City business license.
(b) Trailers that provide residences for the following
temporary uses:
(1) Security personnel associated with any
construction site.
(c) Trailers that provide offices for the followinq
temporary uses:
(1) Financial institutions or public utilities that are
required to maintain a placerof business at a location at which
no permanent structure suitable for the purpose is available.
(2) Temporary or seasonal businesses such as carnivals or
Christmas tree sales. No permit shall be required for such uses
operated as part of a school or place of worship.
(3) Business offices or sales facilities where
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.
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constructioh of a permanent facility is being diligently
completed.
(4) Construction offices where construction projects are
being diligently completed.
(5) Real estate offices on site of a proposed subdivision
until such time as the notice of completion is filed with the
Building Department.
(d) Circuses and carnivals subject to compliance with
Article VI of this Code.
(e) Art displays under the sponsorship ot any recognized
art organization or accredited school on any parking lot in any
commercial or industrial district provided that the art display
is on a Saturday, Sunday, or holiday when the place or places of
business which have control of the parking lot are not open for
business on the day the art display is to occur.
(f) Fairs, festivals, and concerts, when not held within
premises designed to accommodate such events, such as
auditoriums, stadiums, or other public assembly facilities.
(q) Private farmer.s markets and swap meets.
(h) On- and off-site contractors. construction yards.
(i) sidewalk Sales.
(j) Similar temporary uses which,
Zoning Administrator, are, compatible
surrounding land uses.
in the opinion of the
with the district and
Section 9lll.3. Permit Required.
(a) A Temporary Use Permit
Administrator shall be required for
by the Zoning
listed in this
approved
all uses
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Subchapter and shall be issued prior to the commencement of the
use. The zoning Administrator may establish additional
conditions to further the intent of this Subchapter. A public
hearing shall not be required for issuance of a Temporary Use
Permit. Applications for a Temporary Use Permit shall be secured
and filed with the city Planning Division pursuant to Subchapter
10J, Section 9130.1 through 9130.6.
.
(b) Temporary Use Permits issued for a maximum period of
4S days shall become effective on the date the permit is approved
by the Zoning Administrator. Temporary Use Permits issued for
periods t.hat exceed 45 days shall become effective 7 calendar
days from the date the Zoning Administrator issues the
determination.
(c) A permit shall not be required for events which occur ~.
in theaters, meeting halls, or other permanent public assembly
facilities. Temporary uses may be subject to additional permits,
other City department approvals, licenses, and inspections as
required by any applicable laws or regulations.
Section 9111.4. Findings. The Zoning Administrator may
approve a Temporary Use Permit application only when all of the
following findings can be made in an affirmative manner:
(a) The operation of the requested use at the location
proposed and within the time period specified will not
jeopardize, endanger, or otherwise constitute a menace to the
public health, safety, or general welfare.
(b) The proposed site is adequate in size and shape to .
- 328 -
accom~odate the temporary use without material detriment to the
use and enjoyment ot other properties located adjacent to and in
. the vicinity of the site.
(c) The proposed site is adequately served by streets or
highways having sufficient width and improvements to accommodate
the kind and quantity of traffic that the temporary use will or
could reasonably generate.
(d) Adequa~_~ temporary parking to accommodate vehicular
traffic to be generated by the use will be available either
on-site or at alternate locations acceptable to the Zoning
Administrator.
For Temporary Use Permits approved for 45 days or less, the
Zoning Administrator shall prepare a written decision wi thin 7
calendar days of the date the application is filed which shall
~ contain the,findings of fact upon which the decision is made.
For Temporary Use Permits approved for a period greater than
45 days, the Zoning Administrator shall prepare a written
decision within 10 calendar days of the date the application is
filed which shall contain the findings of fact upon which the
decision is made. A copy of the decision shall be mailed to the
applicant and the Planning Commission by the end of 10 day
period.
.
Section 9111.5. Conditions 0 f Approval. In approving an
application for a Temporary Use Permit, the Zoning Administrator
may impose conditions that are deemed necessary to ensure that
the permit will be in accordance with the findings required by
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,
section 9111.4. These conditions may involve any factors
affecting the operation of the temporary use or event and may
include, but are not limited to:
(a) Provision of temporary parking facilities, including
vehicular ingress and egress.
(b) Regulation of nuisance factors such as prevention of
glare or direct illumination of adjacent properties, noise
vibration, smoke, dust, dirt, odors, gases, and heat.
(e) Regulation of temporary buildings, structures, and
facilities, including placement, height and size, location of
equipment and open spaces, including buffer areas and other
yards.
(d) provision of sanitary and medical facilities.
(e) provision of solid waste collection and disposal.
(f) provision of security and safety measures.
(g) Regulation of signs.
(h) Regulation of operating hours and days, including
limitation of the duration of the temporary use to a sho+ter time
period than that requested.
(i) Submission of a performance bond or other security to
assure that any temporary facilities or structures used for the
proposed temporary use will be removed from the site within a
reasonable time following the~event and that the property will be
restored to its former condition.
(j) Submission of a site plan indicating any information
required by this Subchapter.
(k) A requirement that approval of the requested Temporary
Use Permit is contingent upon compliance with applicable
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.
.
.
provisions 'of other laws.
(1) other conditions which will ensure the operation of the
. proposed temporary use in an orderly and efficient manner and in
accordance with the intent and purpose of this Subchapter.
Section 9111.6. Revocation. The Zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Temporary Use Permit in accordance wi th the fOllowing
procedures:
.
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
~ specific reasons for revocation.
(b) After the hearing, a Temporary Use Permit may be
revoked by the Zoning Administrator, or by the Planning
Commission on appeal or review, if anyone of the following
findings are made:
(1) That the Temporary Use Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Temporary Use Permit was
r
granted has ceased or has been suspended for six or more
consecutive calendar months.
.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
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specific statute, ordinance, law or regulation.
(c) A written determination of revocation of a Temporary
Use Permit shall be mailed to the property owner and the permit
holder within 10 days of such determination.
.
section 9111.7 Appeal. Any person may appeal the approval,
conditions of approval, denial, or revocation of a Temporary Use.
Permit issued for a period greater than 45 days to the Planning
Commission if filed within 7 consecutive calendar days of the
date the decision is made in the manner provided in Subchapter
10L, section 9132.2 through 9132.4.
Section 9111.8 Notice. Notice of any approved Temporary
Use Permit shall be posted on the subject property for a period
of 7 consecutive calendar days from the date the decision is
issued. .
.
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Subchapter 100. Performance Standards Permit.
. Section 9112.1. Purpose. The Performance standards Permit
is intended to allow certain uses to be established in particUlar
areas if they comply with the specific criteria and standards
established in Subchapter 6. The Performance Standards Permit
provides for an administrative review and assessment of the
proposed development project in light of explicit perfoI'lnance
standards which have been designed to ensure that the completed
project will be in harmony with existing or potential uses in the
surrounding area, consistent with the goals, objectives, and
policies of the General Plan.
Section 9112. 2 Permit Required. A Performance Standards
Permit approved by the Zoning Administrator shall be required for
. all applicable uses listed in this Chapter and shall be issued
prior to the issuance of any Building Permit for, or commencement
of, the use. A public hearing shall not be required for issuance
of a Performance Standards Permit. Applications for a
Performance Standards Permit shall be secured and filled with the
City Planning Division pursuant to Subchapter lOJ, section 9132.1
through 9130.6.
Section 9112.3. Fin~in9s. The Zoning Administrator or
?lanning Commission on appeal, shall issue a Performance
StandardS Permit if the following findings can be made in an
affirmative manner:
.
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I
(a) The proposed use is listed as a use permitted pursuant
to performance standards in this Chapter.
(b) The proposed use conforms precisely to the performance
standards for the proposed use as outlined in Subchapter 6.
(C) The physical location or placement of the use on the
site is compatible with and relates harmoniously to the
surrounding neighborhood.
The Zoning Administrator shall prepare a written decision
which shall contain the findings of fact upon which such decision
is based. The decision shall be mailed to the applicant and to
property owners and residents of parcels adjacent to the parcel
for which a Performance standards Permit is requested. Copies of
the decision shall also be provided to the Planning Com~!ssion.
.
Section 9112.4. Commencement of Use. The rights granted by ~
the Performance Standards Permit shall be effective only when
exercised within 180 consecutive calendar days from the date the
permit is approved, unless a longer period is specified or
-
thereafter allowed by the Zoning Administrator. The construction
of any building pursuant to the rights granted under a
Performance standards Permit shall be diligently completed.
section 9112.5. Revocation. The Zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Performance Standards permi t in accordance wi th the
following procedures:
(a) A revocation hearing shall be held by the Zoning
Administrator.
Notice of the hearing shall be published once in
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~
.
.
.
a newspaper ot general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Performance Standards Permit may
be revoked by the Zoning Administrator, or by the Planning
Commission on appeal or review, if anyone of the following
findings are made:
(1) That the Performance Standards Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Performance standards
Permit was granted has ceased or has been suspended for six or
more consecutive calendar months.
(3) That the conditions of the permit have not been met,
or the permi t granted is being or has recently been exercised
contrary to the terms ot the approval or in violation of a
specific statute, ordinance, law or regulation.
(c) A written determination of revocation of a Performance
Standards Permit shall be mailed to the property owner and the
permit holder within 10 days of such determination.
section 9112.6 Appeals. Any person may appeal the
approval, condi tions of approval, denial, or revocation of a
Performance Standards Permit to the Planning Com~ission if filed
within 14 consecutive calendar days of the date the decision is
made in the manner provided in Subchapter 10L, section 9132.2
through 9132.4.
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I
Subchapter ~OE. Variances.
Section 9113. 1 Purpose.
A variance is intended to permit
.
variations where practical difficulties, unnecessary hardships or
resul ts inconsistent with the general purpose of this Chapter
would occur from its strict literal interpretation and
enforcement.
Section 9113.2. Application.
Application for a Variance
shall be filed in a manner consistent with the requirements
contained in Subchapter lOJ, section 9130.1 through 9130.6.
Section 9113.3. ApplicalJili ty.
The Zoning Administrator
may grant a variance from the requirements of this Chapter to:
(a) Permit modification of the minimum lot sizes, minimum
parcel dimensions, and parcel coverage regulations as may be .
necessary to secure an appropriate improvement on the parcel.
(b) Permit the reduction of the automobile parking space or
loading space requirements.
(c) In residential districts, permit the addition or
enlargement of an existing building, non-conforming as to yard
setbacks on parcels less than 5,000 square feet, provided that
the addition or enlargement does not exceed 25 per cent (25%) of
the floor area of the existing non-conforming building and
provided that it is not a second floor addition to a structure in
the Rl District.
Cd) Permit the modification of fence heights in commercial
and residential districts.
Ce) Permit the modification of yard setbacks on irre~~larly .
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sha~ed parCels or parcels where the elevation of the ground at a
point 50 feet from t.he front parcel line of a lot and midway
. between the side parcel lines differs 12 1/2 feet or more from
the curb level.
.
.
section 9113.4. Hearings and Notice. Subject to the
provisions of section 9131.2, upon receipt in proper form a
Variance application, a public hearing before the Zoning
Administrator shall be set not less-~an 10 days nor more than 60
days after the applicat.ion is determined to be complete, and
notice of such hearing shall be given to all property owners and
tenants within 300 feet of the exterior boundaries of the
property involved in a manner consistent with Subchapter 10K,
Section 9131.1 through 9131.14.
Section 9113.5. Findings. Following a public hearing, the
Zoning Administrator shall prepare a written decision which shall
contain the findings of fact upon which such decision is based.
The Zoning Administrator, or Planning Commission on appeal, may
approve a variance application in whole or in part, with or
without conditions, if all of the following findings of fact can
be made in an affirmative manner:
(a) There are special circumstances or exceptional
characteristics applicable ~to the property involved, including
size, shape, topography, location, or surroundings, or 1:0 the
intended use or development of the property that do not apply to
other properties in the vicinity under an ide~tical zoning
classification.
(b) The granting of such variance will not be detrimental
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or irlj urious to the property or improvements in the general
vicinity and district in which the property is located.
(c) The strict application of the provisions of this
Chapter would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships.
Cd) The granting of a variance will not be contrary to or
in conflict with the general purposes and intent of this Chapter,
or to the goals, objectives, and policies of the General Plan.
(e) The variance would not impair the integrity and
character of the district in which it is to be located.
(f) The subject site is physically suitable for the
proposed variance.
(q) There are adequate provisions for water, sanitation,
and public utilities and services to ensure that the proposed
variance would not be detrimental to public health and safety.
(h) There will be adequate provisions for public access to
serve the subject variance proposal.
(1) For the reduction of the automobile parking space
requirements, the reduction is based and conditioned upon an
approved parking reduction plan that incorporated transportation
control measures that have been demonstrated to be effective in
reducing parking needs and r that are monitored, periodically
reviewed for continued effectiveness, and enforced by the city as
contained in section 9044.5 of this Chapter.
(j) All the above specified requirements need not apply to
variances which the Zoning Administrator finds are essential or
desirable to the public convenience or welfare and are not in
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.
.
.
conflict with the General Plan and where the granting of the
variance will not be materially detrimental or injurious to
4It property or improvements in the general vicinity and district in
which the property is located.
(k) The strict application of the provisions of this
Chapter would result in unreasonable deprivation of the use or
enjoyment of the property.
.
.
section 9113.6. Commencement of Use. The rights granted by
the variance shall be effective only when exercised within the
period established as a condition of granting the variance or,
in the absence of such established time period, one year from the
date the permit becomes effective. This time limit may be
extended by the Zoning Administrator for good cause for a period
not to exceed 6 months upon written request by the applicant.
Section 9113.7. Revocation. The Zoning Administrator may,
or upon direction from the Planning commission, revoke any
approved Variance in accordance with the following procedures:
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Variance may be revoked by the
Zoning Administrator, or by the planning Commission on appeal or
review, if anyone of the following findings are made:
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.
(1) '~hat the variance was obtained by misrepresentation
or fraud.
(2) That the use for which the Variance was granted has
ceased or has been suspended for six or more consecutive calendar
months.
.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
specific statute, ordinance, law or regulation.
(c) A written determination of revocation of a Variance
shall be mailed to the property owner and the permit holder
within 10 days of such determination.
Section 9113.8 Appeals. The approval, conditions of
approval, denial, or revocation of a variance may be appealed to
the Planning Commission if filed within 14 consecutive calendar
days of the date the decision is made in the manner provided in
Subchapter 10L, Section 9132.1 through 9132.4.
.
.
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.
.
.
\
Subchapter 10F. Conditional Use Permits.
Section 9114.1. Purpose. A Conditional Use Permit is
intended to allow the establishment of those uses which have some
special impact or uniqueness such that their effect on the
surrounding environment cannot be determined in advance of the
use being proposed for a particular location. The permit
application process allows for the review of the location of the
proposed use, design, configuration of improvements, and
potential impact on the surrounding area from proposed use, the
evaluation and of the use based on fixed and established
standards. All property owners and tenants within 500 feet are
notified and a hearing is conducted before the Planning
Commission. The review shall determine whether the proposed use
should be permitted by weighing the public need for and benefit
to be derived from the use against any adverse impact it may
cause.
section 9114.2. Application. Application for a conditional
Use permit shall be filed in a manner consistent with the
requirements contained in Subchapter 10J, Section 9130.1 through
9130.6.
section 9114.3. Hearing and Notice. Upon receipt in proper
form of a Conditional Use Permit application, a public hearing
before the Planning Commission shall be set and notice of such
hearing given in a manner consistent with Subchapter lOR, Section
9131.1 through 9131.14.
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'section~ 9114.4. Findings. Following a review of the
application and public hearing, the Planning Commission shall
prepare a written decision which shall contain the findings of
fact upon which such decision is based. The Planning Commission
or City Council on appeal, may approve a Conditional Use Permit
application in whole or in part, with or without conditions, if
all 'of the following findings of fact can be made in an
affirmative manner:
(a) The proposed use is one conditionally permitted within
the subject district and complies with all of the applicable
provisions of this Chapter.
(b) The proposed use would not impair the integrity and
character of the district in which it is to be established or
located.
(e) The subject parcel is physically suitable for the type
of land use being proposed.
(d) The proposed use is compatible with any of the land
uses presently on the subject parcel if the present land uses are
to remain.
(e) The proposed use would be compatible with existing and
permissible land uses within the district and the general area in
which the proposed use is to be located.
(f) There are adequate provisions for water, sanitation,
and public utilities and services to ensure that the proposed use
would not be detrimental to public health and safety.
(g) Public access to the proposed use shall be adequate.
(h) The physical location or placement of the use on the
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.
.
.
.
.
.
sit~ is compatible with and relates harmoniously to the
surrounding neighborhood.
(i) The proposed use is consistent with the goals,
objectives, and policies of the General Plan.
(j) The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare.
(k) The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 6, section 9050 and
the special conditions outlined in Subchapter 7, Section 9055.
(l) The proposed use will not result in an over
concentration of such uses in the immediate vicinity.
Section 9114.5. Conditions. In granting a Conditional Use
Permit, the Planning Commission, or the City Council on appeal,
shall require that the use and development of the property
conform with a site plan, architectural drawings, or statements
submitted in support of the application, or in such modifications
thereof as may be deemed necessary to protect the public health,
safety, "and general welfare and secure the objectives of the
General Plan, and may also impose such other conditions as may
be deemed necessary to achieve these purposes, including, but not
limited to, the following matters:
(a) Setbacks, yard areas, and open spaces.
(b) Fences, walls, and screening.
(c) Additional parking, parking areas, and vehicular
ingress and egress.
(d) Landscaping and maintenance of landscaping and grounds.
(e) Regulation at signs.
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l (f) Control of noise, vibration, odors, and other
potentially dangerous or objectionable elements.
(q) Limits on time for conduct of specific activities.
(h) Time period within which the proposed use shall be
developed.
(i) Such other conditions as may be determined to assure
that development will be in accordance with the intent and
purposes of this Chapter.
(j) Reasonable guarantees of compliance with required
conditions, such as a deed restriction or requiring the applicant
to furnish security in the form of money or surety bond in the
amount fixed by the administering' agency.
(k) Compliance with applicable performance standards
contained in Subchapter 6, Section 9050.
Section 9114.6. Commencement of Use. The rights granted by
the Conditional Use Permit shall be effective only when exercised
within the period established as a condition of granting the
permit or, in the absence of such established time period, one
year from the date the permit becomes effective. This time limit
may be extended by the Zoning Administrator for good cause for a
period not to exceed 3 months upon written request by the
applicant.
section 9114.7. Revocation. The planning commission may,
or upon direction from the city Council, revoke any approved
Condi tional Use Permi t in accordance wi th the following
procedures:
(a) A revocation hearing shall be held by the Planning
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.
.
.
'. i ~
Comml.SS on.
Notice of the hearing shall be published once in a
newspaper of general circulation within the city and shall be
. served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After "the hearing, a Conditional Use Permit may be
revoked by the Planning Commission, or by the city Council on
appeal or review, if anyone of the following findings are made:
(1) That the Conditional Use Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Conditional Use Permit was
granted has ceased or has been suspended for six or more
consecutive calendar months.
.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
specific statute, ordinance, law or regulation.
.
(c) A written determination of revocation of a Conditional
Use Permit shall be mailed to the property owner and the permit
holder within 10 days of such determination.
section 9114.8 Appeals.
The approval, conditions of
approval, denial, or revocation of a conditional Use Permit may
be appealed to the city Council if filed within 14 consecutive
calendar days of the date the decision is made in the manner
provided in Subchapter lOL, Section 9132.1 through 9132.4.
.
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Subchapter lOG. Development Review Permit.
Section 9115.1. Purpose. A Development Review Permit is
intended to allow the construction of certain projects for which
the design and siting could result in an adverse impact on the
surrounding area such as development that is proposed to be built
to a greater intensity and building height than generally
permitted in the area. The permit allows for:
(a) Review of the location, size, massing, and placement of the
proposed structure on the site;
(b) The location of proposed uses within the project;
(c) An evaluation of the project with regard to fixed and
established standards;
Cd) Modification to the building volume envelope requirements.
This review shall determine whether the proposed siting and
design should be permitted by weighing the pUblic need for the
benefit to be derived from the proposed site plan use against the
impact which it may cause.
Section 9115.2. Application. Application for a Development
Review Permit shall be filed in a manner c011sistent with the
requirements contained in Subchapter lOJ, Section 9130.1 through
9130.6
Section 9115.3. Hearing and Notice. Upon receipt in proper
form of a Development Review Permit application, a public hearing
before the Planning commission shall be set and notice of such
hearing given in a manner consistent with Subchapter 10K, Section
9131.1 through 9131.14.
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.
.
.
~ i "
Sect on 9115.4.
Findings.
Following a public hearing, the
Zoning Administrator shall prepare a written decision which shall
. contain the Planning Commission I s findings of fact upon which
such decision is based.
The Commission, or city Council on
.
appeal, shall approve or conditionally approve a Development
Review Permit application in whole or in part if all of the
following findings of fact can be made in an affirmative manner:
(a) The physical location, size, massing, and placement of
proposed structures on the site and the location of proposed uses
within the project are compatible with and relate harmoniously to
surrounding sites and neighborhoods. The size of the proj ect
shall be deemed compatible with and relate harmoniously to
surrounding sites and neighborhoods provided the project is
consistent with the height and density standards set forth in the
Land Use Element of the General Plan, except in those cases where
the Land Use Element allows for the exercise of discretion in
relation to the height and density of a proposed project.
(b)
The
rights-of-way
can
accommodate
autos
and
pedestrians, including adequate parking and access.
(c) The health and safety services (police, fire etc.) and
public infrastructure (e.g., utilities) are sufficient to
accommodate the new development.
Cd) Anyon-site provision of housing or parks and public
open space, which are part of the required project mitigation
measures required in Subchapter 5G, satisfactorily meet the goals
of the mitigation program.
(e) The project is generally consistent with the Municipal
. Code and General Plan.
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t (f) Reasonable mitigation measures have been included for
all adverse impacts identified in an Initial Study or
Environmental Impact Report.
.
section 9115.5. Commencement of Use. The rights granted
by the Development Review Permit shall be effective only when
exercised within the period established as a condition of
granting the permit or, in the absence of such established time
period, one year from the date the permit becomes effective.
This time limit may be extended by the Zoning Administrator for
good cause for a period not to exceed 3 months upon written
request by the applicant.
Section 9115.6. Revocation.
upon direction from the City
Development Review Permit in
procedures:
(a) A revocation hearing shall be held by the Planning
Commission. Notice of the hearing shall be published once in a
newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Development Review Permit may be
revoked by the Planning Commission, or by the city council on
appeal or review, if anyone of the following findings are made:
(1) That the Development Review Permit Permit was
obtained by misrepresentation or fraud.
The Planning Commission may, or
Council, revoke any approved
accordance with the following
.
.
- 348 -
~ (2)~ That the use for which the Development Review Permit
was granted has ceased or has been suspended for six or more
. consecutive calendar months.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
specific statute, ordinance, law or regulation.
(c) A written determination of revocation of a Development
Review Permit shall be mailed to the property owner and the
permit holder within 10 days of such determination.
Section 9115.7. Appeals. The approval, conditions of
approval, denial, or revocation of a Development Review Permit
may be appealed to the City council if filed within 14
consecutive calendar days of the date the decision is made in the
. manner provided in Subchapter lOL, Section 9132.1 through 9132.4.
.
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~
Subchapter 10H. Amendments of Comprehensive
Land Use and Zoning Ordinance.
section 9~20.1. Purpose. These provisions are intended to
provide the city Council with a procedure to amend this Chapter
or the Official o-istricting Map whenever required by public
necessity, public convenience, general welfare, and good Planninq
and Zoning practice.
Section 9120.2. Initiation.
(a) A text amendment shall only be initiated in one of the
followinq manners:
(1) A resolution of intention by the Planninq Commission.
(2) A resolution of intention of the city council
directing the Planninq Commission to initiate an amendment.
(3) An application from any person living, working,
owning property or operating a business within the city of Santa
Monica.
(b) An amendment of the Official Districting Map of the
City shall only be initiated in one of the following manners:
(1) A resolution of intention by the Planning Commission.
(2) A resolution of intention of the city Council
directing the Planning commission to initiate an amendment.
(3) An application initiated by a citizen petition signed
by no less than 50 persons who are property owners or tenants
within the city of Santa Monica pursuant to Subchapter 10J,
Section 9130.1 through 9130.6.
- 350 -
.
.
.
.
.
.
~
section 9120.3. Findings. An amendment may be adopted by
ordinance of the City Council only if the following findings of
fact can be made in an affirmative manner:
(a) The proposed amendment is consistent in principle with
the goals, objectives, policies, land uses, and programs
specified in the adopted General Plan.
(b) The public health, safety, and general welfare require
the adoption of the proposed amendment.
Section 9120.4. Hearing and Notice. Upon receipt in proper
form of an amendment application, a public hearing shall be set
before the Planning Commission and notice of such hearing given
in a manner consistent with Subchapter 10K, Section 9131.1
through 9131.14. If, from the facts presented at the hearing,
the Commission makes the required findings in an affirmative
manner, the Commission shall recommend such amendment or any
portion thereof to the city Council. The Commission shall make
its findings and recommendation in writing and shall transmit a
copy of the application together wi th the findings and
recommendations 1:0 the Council. The Council may by Ordinance
effect such amendment or any portion thereof, and if deemed
advisable, before the adoption of such ordinance, may set the
matter for public hearing r in the same manner as provided in
Subchapter 10K, Section 9131.1 through 9132.14. Notice for
amendments initiated by resolution of intention, shall be
published in a newspaper of general circulation within the city
not less than 10 consecutive calendar days prior to the public
hearing.
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., sectiorf' 9120.5 Appeal. The denial of a change of district
or text amendment to this Chapter, may be appealed to the City
Council if filed within 14 consecutive calendar days of the date
the decision is made in the manner provided in Subchapter 10L,
section 9132.1 through 9132.4.
Section 9120.6. Interim Zoning
(a) 'without following the procedures otherwise required
prior to the adoption of a zoning ordinance as provided for in
Sections 9120.1 through 9120.5, the City council, to protect the
public safety, health, or welfare, may adopt as an urgency
measure an interim ordinance prohibiting any uses which may be in
conflict with a contemplated General Plan, Specific Plan, or
zoning proposal which the City Council, Planning Commission, or
the Director of Planning is considering or studying or intends to
study within a reasonable time. That urgency measure shall
require a majority vote of the City Council for adoption. The
interim ordinance shall be of no further force and effect 4S days
from its date of adoption. After notice pursuant to Subchapter
10K, and public hearing, the city Council may extend the interim
ordinance for 10 months and 15 days and subsequently extend the
interim ordinance for one year. Any such extension shall also
require a majority vote for adoption. Not more than the two such
extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a
majority vote following notice pursuant to Subchapter lOK,
Section 9131, and public hearing, in which case it shall be of no
further force and effect 45 days from its date of adoption.
- 352 -
.
.
.
.
.
Af~er notice pursuant to Subchapter 10K, section 9131, and public
hearing, the Ci ty Council may by a maj or! ty vote extend the
interim ordinance for 22 months and 15 days.
(c) The City Council shall not adopt or extend any interim
ordinance pursuant to this Section unless the ordinance contains
a finding that there is a current and immediate threat to the
public health, safety, or welfare, and that the approval of
additional subdivisions, use permi ts, variances, buildinq
permits, or any other applicable entitlement for use which is
required in order to comply with a zoning ordinance would result
in a threat to public health, safety, or welfare.
(d) Ten days prior to the expiration of an interim
ordinance or any extension, the city Council shall issue a
written report describing the measures taken to alleviate the
condition which led to the adoption of the ordinance.
(e) When any such interim ordinance has been adopted, every
subsequent ordinance adopted which covers in whole, or a part of
the same property shall be of no further force or in effect.
(f) Nothing in this Section shall limit the power of the
City Council, by virtue of the City Charter, to take necessary
action to protect the public health, safety, or welfare.
(9) The city council as part of any interim ordinance may
adopt variance procedures uo modify the standards contained in
the interim oridinance.
Subchapter lOI. General and specific Plans.
section 9121.1. Purpose. The purpose of this section is to
. establish procedures for the Planning Commission to prepare and
- 353 -
the~City council to adopt a comprehensive, long-term General Plan
for the physical development of the City of Santa Monica. This
Chapter also establishes procedures for adoption of Specific
Plans for the systematic implementation of the General Plan for
all or part of the City area covered by the General Plan. The
planning principles, goals, objectives, pOlicies, standards, and
proposals contained in the ad~pted General Plan and any adopted
Specific Plans must be considered by the city council in
allocating community resources including, but not limited to, the
expenditure of City funds pursuant to the City Charter and
Municipal Code.
section 9121.2. Contents of the General Plan. The General
Plan must consist of a statement of development policies and
shall include a diagram or diagrams and text settinq forth
planning principles, goals, objectives, policies, standards, and
plan proposals. The General Plan must be a statement internally
consistent, and compatible with City policies that accommodate
local conditions and circumstances, while meeting the minimum
requirements of the state law. The General Plan shall contain
each of the Elements required by state law and such other
elements that the City Council deems appropriate.
Section 9121.3. Preparation and Adoption of the General
Plan. It shall be the function and duty of the Planning
Commission, with the assistance of the Director of Planning, to
prepare and recommend that the Ci ty Council adopt the General
Plan, including any, all, or any combination of the Elements. In
preparing the General Plan, or any Element of the General Plan,
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.
.
.
h~ I r' ..
t e P ann~nq Commlss~on
shall
take such
steps as
they deem
necessary or as the Director of Planning recommends. The General
. Plan guidelines prepared by the Governor's Office of Planning and
Research must be considered in preparing or amending the General
Plan. During the preparation or amendment of the General Plan,
or any Element thereof, the Planning Commission must provide
opportunities for involvement of citizens, public agencies,
public utility companies, and business, civic, educational,
neighborhood organizations, and other community groups, through
public hearings and any other means the Planning commi.ssion or
City Council deems appropriate.
The General Plan and its
.
Elements shall be prepared with the general purpose of guiding
and accomplishing coordinated and harmonious development of the
city which, in accordance with existing and future needs, best
promotes the public health, safety, and general welfare, as well
as efficiency and economy in the process of development.
Section 9121.4.
Planning Commission Action.
Prior to
recom~ending adoption of the General Plan or any Element thereof,
the Planning commission must hold at least one public hearing.
Notice of the hearing shall be given consistent with Subchapter
lOK. The Planning commission must make a written recommendation
on the adoption or amendment of the General Plan or any Element
thereof.
A recommendation for approval must be made by a
resolution carried by an affirmative vote of the Planning
Commission. The Director of Planning shall promptly transmit to
the
City
council
the
Planning
Commissionts
written
.
- 355 -
recammendatian, together with any maps, charts, studies, or other
materials, including any required environmental analysis.
section 9121.5. City council Action. Prior to adopting or
amending the General Plan or Element thereof, the City Council
must hold at least o.ne public hearing. Notice of the hearing
shall be given pursuant to Subchapter lOX. The city council must
adopt or amend the General Plan, or any Element thereof, by
resolution carried by the affirmative vote of not less than a
maj ori ty of the total membership of the Council. The city
Council may approve, modify, or disapprove the recommendation of
the Planning Commission, if any. The City council may, but is
not required to, refer any modifications to the Planning
Commission for its recommendation.
Section 9121.6. Amendments to the General Plan. The city
council may amend all or part of the General Plan, or any Element
thereof. Any Specific Plan or other plan of the city that is
applicable to the same areas or matters affected by a General
Plan amendment must be reviewed and amended as necessary to make
the Specific Plan or other plans consistent wi th the General
Plan.
Section 9121.7. Restriction on Number of Amendments.
Except as otherwise provided herein, no mandatory Element of the
General Plan shall be amended more frequently than four times
during any calendar year. Subject to that limitation, an
amendment may be made at any time I as determined by the City
Council. Each amendment may include more than one change to the
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.
.
.
.
.
.
Geheral Plan. The limitation on the annual number of amendments
does not apply in the following circumstances:
(a) A General Plan amendment requested and necessary for a
single development of residential units, at least 25% of which
will be occupied by or available to persons and families of low
or moderate income, as defined by section 50093 of the California
Heal th and Safety Code. The specified percentage of low- or
moderate-income housing may be developed on the same site as the
other residential units proposed for development, or on another
site or sites encompassed by the General Plan, in which case the
combined total number of residential units shall be considered a
single development proposal for purposes of this section.
(b) A General Plan amendment required by a court decision
made pursuant to Article 14 (commencing with section 65750) of
the Government Code.
(c) A General Plan amendment required by Government Code
Section 65302.3(b).
(d) A General Plan amendment required by Health and Safety
Code Section 56032(d).
(e) A General Plan amendment required by Public Resources
Code Section 30500(b).
Section 9121.8. Initiation of Amendments to the General
Plan. An amendment to the General Plan or any Element thereof
shall only be initiated in the following manner:
(a) A resolution of intention initiated by the Planning
Commission.
(b) A resolution of intention initiated by the City council
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dir€cting the Planning Commission to initiate an amendment.
(c) An application from a property owner or his/her
authorized agent pursuant to Subchapter 10J, provided that such
application involves the development or modification of property
located within the area affected by such amendment.
section 9121.9. Planninq Commission Action on Amendments.
(a) Upon receipt in proper form of a completed amendment
application or duly adopted resolution of intention, and
following any necessary investigation, but within ninety (90)
days unless a longer period is prescribed by the city Council in
the case of a Council-initiated amendment, a public hearing
before the Planning Commission must be held and notice of such
hearing given consistent with Subchapter lOK.
(b) The Planning commission must make a written
recommendation on the proposed amendment whether to approve,
approve in modified form, or disapprove.
(c) Planning Commission action recommending that the
proposed General Plan amendment be approved, or approved in
modified form, must be considered for adoption by the City
Council w.itbin ninety (90) days of Planning commission action.
Planning commission action disapproving a proposed General Plan
amendment, regardless of how such amendment was initiated, may be
appealed by any interested person, including a Commissioner or
Councl1member, to the City Council provided such appeal is filed
in writing within 14 consecutive calendar days of the
Commission'S action, pursuant to Subchapter lOL.
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.
.
.
;, .....
Section 9121.10. city council Action on Amendments. Within
60 days of the recommendation of the Planning Commission to
. approve a proposed General Plan amendment or of the appeal from a
decision by the Planning Commission to approve or disapprove a
proposed General Plan amendment, the City Council must conduct a
public hearing on the amendment after first giving notice of the
hearing pursuant to Subchapter 10K.
The City council may
approve, approve with modifications, or disapprove any amendment.
section 9121.11. A~inistration of the General Plan. After
the city council has adopted all or part of the General Plan, the
Planning Commission shall do the following:
(a) Investigate and make recommendations to the city
Council regarding reasonable and practical means for implementing
the General Plan or Element of the General Plan, so that it will
. serve as an effective guide for orderly growth and development,
preservation, and conservaton of open space land and natural
resources, and the efficient expenditure of public funds relating
to the subjects addressed in the General Plan.
(b) Provide a periodic report to the City Council when
requested by the Planning Commission or City Council on the
status of the Plan and progress in its implementation.
Section 9121.12
Fees'.
The City council by resolution
shall establish and from time to time amend a schedule of fees
imposed for any amendment to the general plan.
section 9121.13.
Specific Plans.
Upon receiving an
.
application for a Specific Plan by any person living, working or
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own{nq property within the City of Santa Monica, or upon
approval of the majority of the Planning Commission, the Planning
commission may, or if so directed by the City council, must cause
to be prepared Specific Plans for the systematic implementation
of the General Plan for all or a part of the area covered by the
General Plan.
Section 9121.14. Contents of Specific Plans. A Specific
Plan shall include text and a diagram or diagrams specifying all
of the following in detail, and shall include a statement of the
relationship between the Specific Plan and the General Plan:
(a) The distribution, location, and extent of the uses of
land, including open space, within the area covered by the
Specific Plan.
(b) The proposed distribution, location, and extent and
intensity of major components of public and private
transportation, sewage, water, drainage, solid waste disposal,
energy, and other essential facilities proposed to be located
within the area covered by the Specific Plan.
(c) Standards and criteria by which development
proceed, and standards for the conservation, development,
~ utilization of natural resources, where applicable.
(d) A program of implementation measures
regulations, programs, public works projects and
measures necessary to carry out the above paragraphs.
The Specific Plan may address any other subjects which in
the judgment of the Planning Commission or City council are
necessary or desirable for implementation of the General Plan.
will
and
including
financing
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.
.
.
) Section 9121.15 Specific Plan criteria. A specific plan
for certain sub-areas in the City may be considered by the
. Planninq Commission when detailed regulations, conditions,
proqrams, standards, and guidelines are not provided for in the
General Plan.
.
.
section 9121.16. Specific Plan Adoption and Amendment.
Specific Plans shall be prepared, adopted, and amended in the
same manner as the General Plan, except that a specific Plan may
be amended as often as deemed necessary by the city Council. No
Specific Plan may be adopted or amended unless the proposed plan
or amendment is consistent with the General Plan.
section 9121.17. Fees and Charges. The City Council shall
by resolution establish and from time to time amend a schedule of
fees imposed for the adoption and amendment of any specific Plan.
The city Council, after adopting a specific Plan, may impose a
Specific Plan fee upon persons seeking governmental approvals
which are required to be consistent with the Specific Plan. The
fees shall be established by resolution pursuant to Subchapter
10J, so that, in the aqqregate, they defray, but as estimated do
not exceed, the cost of preparation, adoption, and administration
of the Specific Plan, includinq costs incurred pursuant to
Division 13 (commencinq wi-th section 21000) of the California
Public Resources Code.
copies of Specific Plans shall be made available t.o local
agencies and the general public. The city may charge a fee for a
copy of a Specific Plan or amendments to a Specific Plan in an
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.. ...
Subchapter 10J. Application and Fees.
. section 9130.1. Purpose. These provisions are intended to
prescribe the procedure for filing applications for permits,
appeals, amendments, and approvals when required or permitted by
this Chapter. These provisions are intended to provide the
fra~ework by which applications will be determined to be complete
and permitted to be filed.
Section 9130.2. Application Forms. To request a permit,
appeal, amendment, approval, or other discretionary action
required or permitted by this Chapter, the applicant must submit
a complete appropriate application on the form provided by the
Zoning Administrator in addition to any other material, reports,
dimensioned plans or other information required to take an action
~ on the application. Each application form shall contain:
(a) A list or description of the information, reports,
dimensioned plans and other material needed in order to deem an
application complete.
Cb) The criteria by which the Zoning Administrator will
determine the completeness of the application.
(c) Instructions necessary to complete or supply the
required information.
(d) Such other information as may be required by this
Chapter or state law.
.
Section 9130.3. Determination of Completeness.
(a) No application shall be processed
Subchapter 10K prior to the determination by
pursuant to
the Zoning
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Admtnistrator that the application is complete.
(b) The Zoning Administrator, within 30 days of receiving a
submitted application and associated information shall determine
in writinq the completeness of the application and shall
immediately transmit this determination to the applicant.
(c) The determination shall state whether the application
is complete pending payment of the required filinq fee, or is
incomplete and shall specify additional information to be
resubmitted.
.
(d) A completed application shall consist of:
(1) The application form with all applicable information
included on the form.
(2) The additional information, reports, dimensioned
drawings and other material required with application form.
(3) A description of how the proposed project or ~
requested action is consistent with the goals, objectives,
policies, programs, and other provisions of the adopted General
Plan.
( 4 ) Payment in full of the required fee for processing
the application.
(e) An application determined to be complete pendinq
-
payment of the required filing fee shall be processed pursuant to
Subchapter 10K only upon payment of the required filing fee.
(f) If an application is deemed incomplete, the Zoninq
Administrator shall transmit to the applicant in writing the
reason for the determination and shall list the information that
must accompany a resubmitted application.
An incomplete
application shall be deemed withdrawn if the information ~
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re~ested is not received by the Zoning Administrator within 30
days of the date the written determination of incompleteness is
. mailed.
{g} Within 30 days of receiving a resubmitted application,
the Zoning Administrator shall determine in writing the
completeness of the resubmitted application and transmit the
determination to the applicant. If deemed complete, the
applicant may pay the required filing fee(s) and the resubmitted
application shall be processed pursuant to Subchapter lOK. If
the application is deemed to be incomplete, the applicant shall
be noticed pursuant to this subsection and shall be deemed
withdrawn. The applicant may file a new application or appeal
the determination of incompleteness to the Planning Commission
pursuant to Subchapter lOL.
. (h) If the Zoning Administrator fails to make a
determination as to completeness of an application, or
resubmitted application, within the 30 day time period provided
for in this Section, the application shall be automatically
deemed complete. Applications that are deemed complete shall be
processed pursuant to Subchapter 10L upon payment in full of the
required filing fee. The applicant and the Zoning Administrator
may mutually agree in writing to extend these time periods.
(i) The time periods for processing any applications under
this Chapter shall commence upon the date the application has
been determined to be complete.
.
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, sectiorr 9 ~3 0.4 . Additional Informa t ion. After an
application is deemed complete, the Zoning Administrator sha~~
not subsequently request of an applicant any new information
requested on the application form. The Zoning Administrator may
request the applicant to clarify, amplify, correct, or otherwise
supplement the information required for the application in the
course of processing the application. This request shall not
invalidate the original determination that an application is
complete and shall not result in a delay in processing the
application. The Zoning Administrator may request additional
information needed to prepare adequate environmental
documentation.
Section 9130.5. Fees. The City Council shall by resolution
establish and from time to time amend a schedule of fees for
permits, appeals, amendments, and approvals required or permitted
by this Chapter. Applications processed concurrently shall be
subject to separate fees for each application filed unless
specifically exempted by the city Council.
9130.6. Who May File Application. Applications for
performance standards permits, variances, conditional use permit,
and site plan review shall be made only by the property owner or
the property owner's authorized agent.
9130.7 APplicant Notification. At the time of filing an
application, the City shall inform the applicant that he or she
may make a written request to receive notice from the City of any
proposal to adopt or amend the General Plan, a Specific Plan,
- 366 -
.
.
.
Zoning OrdInance, or an ordinance affectinq buildinq permits
which may affect the application filed. The applicant shall
. specify in the written request the proposed action for which
notice is requested. Prior to taking any of those actions, the
Zoning Administrator shall give notice to any applicant who has
requested notice of the type of action proposed and whose
development permit is pending before the City if the Zoning
Administrator determines that the proposal is reasonably related
to the applicant's pending development permit.
Section 9130.8 Posting of Property. within 30 days after
an application for a conditional use permit, development review
permit, or site plan review permit, has been deemed complete, the
applicant shall post the property in a manner set forth by the
Zoning Administrator.
.
.
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>>
Subchapter lOK. Hearinq Procedures.
section 9131. 1. Purpose. This Subchapter def ines permit
processing procedures, procedures for conducting public hearings
and specific requirements which must be met in connection with
taking an action on a development permit and to expedite
decisions on permit applications.
Section 9131.2. Planning Commission Consideration of Zoning
Administrator Permits. For any specific project, the Planning
Commission, rather than the zoning Administrator, shall approve,
conditionally approve, or deny any application ordinarily subject
to approval by the Zoning Administrator if the application is
filed concurrently with an application for a Conditional Use
Permit, site Plan Review Permit, Subdivision Map, Land Use
Ordinance Text or Map Amendment, or General Plan Amendment. The
Planning Commission' s determination on the application may be
appealed to the city council pursuant to Subchapter 10L.
section 9131.3. Environmental Review Determination. All
determinations under the California Environmental Quality Act
shall be made in accordance with the City of Santa Monica
Guidelines for Implementation of the CEQA as adopted and from
time to time amended by resolution.
Section 9131.4. Public Hearing Date. A public hearing on
any application shall be scheduled before the Zoning
Administrator, or Planning Commission, no later than 60 days from
the date any application is deemed complete, or in the case of an
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.
.
.
ap~lication requiring preparation of an Initial study or
Environmental Impact Report, no later than 60 days from the date
. the public comment period closes.
.
.
section 9131.5. Notice of Hearings. Notice of public
hearings shall be given in the following manner:
(a) By publication in a newspaper of general circulation
within the city not less than 10 consecutive calendar days prior
to the public hearing: and
(a) By mailing, postage prepaid, not less than 10
consecutive calendar days prior to the public hearing, to all
owners and residential and commercial tenants of property within
a radius of 300 feet, or 500 feet for Conditional Use Permits,
Development Review Permits, and applications for site specific
Zoning Ordinance or General Plan Amendments, from the exterior
boundaries of the property involved in the application. For this
purpose, the last known name and address of each property owner
as contained in the records of the Los Angeles County Assessor
shall be used. The address of the residential and commercial
tenants shall be determined by visual site inspection or other
reasonably accurate means. The applicant shall provide a list of
property owners and tenants within the prescribed area of
notification and shall signran affidavit verifying that the list
has been prepared in accordance with the procedure outlined in
this section.
All notices of public hearings shall state the nature of the
request, the location of the property, the time and place of the
- 369 -
sch<<duled hdaring, and the manner in which additional information
may be received.
Section 9131.7. Statement of Official Action. Within 30
days after the decision has been made, the hearing body shall
approve a statement of official action which shall include:
(a) A statement of the applicable criteria and standards
against which the proposal was tested and the determination of
what is required to achieve compliance with the criteria and
standards.
(b) A statement of the facts found that establish
compliance or non-compliance with each applicable criteria and
standards.
(c) The reasons for a determination to approve or deny the
application.
(d) The decision to deny or to approve wi th or without
conditions and subject to compliance with applicable standards.
section 9131.8. Notice of Statement of Official Action.
(a) With respect to Zoning Administrator decisions, the
Zoning Administrator shall transmit the statement of official
action to the applicant at the address shown on the application
on the same day the determination has been made concerning the
application.
(b) with respect to Planning Commission and. City council
decisions, The Zoning Administrator shall transmit the statement
of official action to the applicant at the address shown on the
application within 20 days after the decision has been made
concerning the application.
- 370 -
.
.
.
) Sectidh 9131.9. Effective Date of Decision.
A decision that is subject to appeal shall not become effective
. for 14 consecutive calendar days following the action by the
appropriate review authority in order to leave time for appeal of
the decision.
section 9131.10.
Time Limit for Approving Applications.
For projects that require the preparation and certification of an
Environmental Impact Report, final action on an application for
the project shall be taken within one year of the date the
application was accepted as complete. For projects that require
the adoption of a Negative Declaration, final action on an
application for the project shall be taken within six months of
the date the application was accepted as complete.
.
section 9131.11.
Extension of Deadline for Action.
One
extension of the time limit for action on an application not to
exceed 90 days may be requested by the applicant and approved if
mutually agreed upon by the applicant and Zoning Administrator.
section 9131.12.
Request
for Delay or Continuance
Consideration of an Application.
(a) An application may be withdrawn from a scheduled
Planning Commission agenda at the written request of the
,
applicant provided that the public notice of the meeting and the
public hearing on the application has not been mailed or
published. The application shall be rescheduled for a Planning
Commission meeting agreed to by the appl icant and the zoning
Administrator.
.
- 371 -
) (b) 1ur application shall not be withdrawn from a Planning
Commission agenda at the request of the applicant if public
notification has been given. Consideration of the application
may be continued only upon approval of a motion by the Planning
commission at the meeting or which the application has been
noticed for. The Planning commission shall deny such request
except if:
(1) There is a strong reason justifying the applicantls
request which could not reasonably have been foreseen or planned
for. Inconvenience, conflicting business, or voluntary change of
counsel, is not considered adequate justification.
(2) There is at least 10 days notice provided to staff of
the request for a continuance, in which case the Zoning
Administrator may grant the continuance, provided the conditions
stated above have been met. If urgent conditions preclude 10
days notice, any continuance shall be acted upon by the Planning
Commission at the meeting for which the applicatio~ was scheduled
for.
(3) Any application continued under the conditions listed
above shall be re-noticed in the original manner, and the
applicant shall be subject to payment of a re-notification fee
prior to the re-scheduled hearing.
(c) The time limitations for action on any application
withdrawn, rescheduled, or continued by the Planning Commission
at the request of the applicant, shall be extended by the period
of time that co~sideration of the application was suspended.
Cd) This Section shall not apply to continued hearings
- 372 -
.
.
.
.
.
.
whfch are 'necessary due to factors controlled by the Planninq
Commission and not specifically requested by the applicant.
Section 9131.13. Reapplication. No application for the
same or substantially same project that has been denied may be
filed within 12 months, except if a project is deemed denied
without prejudice or as otherwise permitted at the time of
approval or denial.
section 9131.14. Amendments to Approved pro;ects and
Conditions of Approval. Any conditions of approval or approved
project may be modified upon application by the oriqinal
applicant. The matter shall be considered in the same manner in
which the original application was considered.
- 373 -
)
Subchapter 10L. Appeals.
section 9132.1. Appeal of Action.
(a) Any person may appeal a decision of the Zoning
Administrator to the Planning Commission. A decision of the
Planning commission on such appeal shall be final and not subject
to further appeal to the City Council.
(b) Any person may appeal an original decision of the
Planning Commission to the City Council.
(c) Once an appeal is filed, the appellate body may review
and take action on all determinations, interpretations,
decisions, judgments, or similar actions taken which were in the
purview of the original hearing body on the application or
project and is not limited to only the oriqinal reason stated for
the appeal.
section 9132.2. Filing of Appeals.
(a) Appeals shall be addressed to the appellate body on a
form prescribed by the Zoning Administrator pursuant: to
Subchapter 10J. The appellant shall state the specific reasons
for the basis of the appeal.
(b) An appeal of a Zoning Administrator action shall be
filed with the Planning Division within 14 consecutive calendar
days fOllowing the date of action from which an appeal is taken.
(c) An appeal of a Planning commission decision shall be
filed in the office of the city Clerk and with the Zoning
Administrator within 14 consecutive calendar days following the
date of action for which an appeal is made.
- 374 -
.
.
.
J
(d)
Appeals shall be accompanied by the required filing
fee.
.
Section 9132.3. Appeal Hearings. Public notice of an
appeal hearing shall conform to the manner in which the original
notice was given.
section 9132.4. Effective Date of Appealed Actions.
(a) Except as otherwise provided for in this Chapter, an
action of the Zoning Administrator appealed to the Planning
Commission shall not become effective unless and until approved
by the Commission.
(b) An action of the Commission appealed to the city
Council shall not become effective unless and until approved by
the city Council.
. Section 9132.5 Appeal Fees. Members of the City council
and Planning com~ission shall not be required to pay a fee when
filing an appeal.
.
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,) ....
Subchapter 10M.
Reduced Parking Permits.
Section 9133.1.
Purpose.
A reduced parking permi t is
.
intended to permit the reduction of required automobile parking
spaces for senior housing, or when shared parking, tandem
parking, or in-lieu parking fees are proposed as part of any
development.
Section 9133.2.
Application.
Application for a reduced
parking permit shall be filed in a manner consistent with the
requirements contained in Subchapter 10J.
section 9133.3.
Applicability.
The Zoning Administrator
may grant a reduced parking permit for the following:
(a) Shared parkinq. Facilities may be shared if multiple
uses cooperatively establish and operate parking facilities and .
if these uses generate parking demands primarily during hours
when the remaining uses are not in operation.
(For example, if
one use operates during evenings or weekdays only.) The
applicant shall have the burden of proof for a reduction in the
total number of required parking spaces, and documentation shall
be submitted substantiating the reasons for this requested
parking reduction. Shared parking shall be approved only if:
(1) A sufficient number of spaces are provided to meet the
greater parkinq demand of the participating uses.
(2) Satisfactory evidence has been submitted by the
parties operating the shared parking facility, describing the
nature of the uses and times when the uses operate so as to
demonstrate the lack of conflict between them.
.
- 376 -
(3) ~dditional documents, covenants, deed restrictions, or
other agreements as may be deemed necessary by the Zoning
. Administrator are executed to assure that the required parking
)
spaces provided are maintained and uses with similar hours and
parking requirements as those uses sharing the parking remain for
.
the life of the building.
(b) Senior Housing. The Zoning Administrator may approve a
reduced parking permit for the reduction in the number of parking
spaces required for senior citizens and senior group housing
based upon findings that the proposed development is located in
direct proximity to commercial acti vi ties and services, and is
adequately served by pUblic transportation systems.
(c) Tandem parkinq. The Zoning Administrator may approve
a reduced parking permit for tandem parking for commercial and
industrial uses provided the development requires 250 or more
parking spaces and, no more than a maximum of 20% of the total
number of spaces are in tandem and, an attendant is on duty
during the hours the building is open for business.
Cd)
Low Income Housinq.
The zoning Administrator may
approve a reduced parking permit for the reduction in the nn_her
of parking spaces required for low to moderate income housing
-
developments provided additional documents, covenants, deed
restrictions, or other agreements as may be deemed necessary by
the Zoning Administrator are executed.
Section 9133.4.
Hearings and Notice.
Subject to the
.
provisions of section 9131. 2, upon receipt in proper form a
Variance application, a public hearing before the zoning
- 377 -
Admfhistratdr shall be set not less than 10 days nor more than 60
days after the application is determined to be complete, and
notice of such hearing shall be given to all property owners and
tenants within 300 feet of the exterior boundaries of the
property involved in a manner consistent with Subchapter lOR.
.
section 9133.5. Commencement of Use. The rights granted by
the reduced parking permit shall be effective only when exercised
within the period established as a condition of granting the
reduced parking permit or, in the absence of such established
time period, one year from the date the permit becomes effective.
This time limit may be extended by the Zoning Administrator for
good cause for a period not to exceed 6 months upon written
request by the applicant.
section 9133.6. Revocation. The Zoning Administrator may, ~
or upon direction from the Planning commission, revoke any
approved Reduced Parking Permit in accordance with the following
procedures:
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit hGlder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Reduced Parking Parmi t may be
revoked by the Zoning Administrator, or by the Planning
Commission on appeal or review, if anyone of the following .
- 378 -
) .
find1ngs are made:
(1) That the Reduced Parking Permit Permit was obtained
. by misrepresentation or fraud.
(2) That the use for which the Reduced parking Permit was
granted has ceased or has been suspended for six or more
consecutive calendar months.
(3) That the conditions of the permit have not been met,
or the permit granted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
specific statute, ordinance, law or regulation.
(c) A written determination of revocation of a Reduced
Parking Permit shall be mailed to the property owner and the
permit holder within 10 days of such determination.
Section 9133.7 Appeals.
The approval, conditions of
. approval, denial, or revocation of a reduced parking permit may
be appealed to the Planning Commission if filed within 14
consecutive calendar days of the date the decision is made in the
manner provided in Subchapter lOL.
.
- 379 -
) ....
Subchapter 10N. Administrative Approvals.
Section 9134.1.
Purpose.
The Administrative Approval is
.
intended to allow for the approval of projects which conform to
the standards established for the zone and do not require
discretionary review or approval by the Zoning Administrator,
Planning commission or City Council. The Administrative Approval
provides for an administrative review and assessment of the
proposed development project in light of explicit standards
contained in the Chapter which have been designed to ensure that
the completed project will be in harmony with existing or
potential development in the surrounding area, consistent with
the goals, objectives and policies of the General Plan.
section 9134.2.
permi t Required.
An Administrative
Approval, approved by the Zoning Administrator, shall be required
for all new construction and new additions to existing buildings,
located in multi-family residential and commercial zoning
districts, not subj ect to discretionary review and shall be
issued prior to issuance of any Building Permit for the
development. A public hearing shall not be required for issuance
.
of an Administrative Approval.
An application for an
Administrative Approval shall be in a form prescribed by the
Zoning Administrator and shall be filed with the City Planning
Division pursuant to subchapter 10J.
The Zoning Administrator shall issue an Administrative Approval
if the proposed development conforms precisely to the development
standards for the area and does not require discretionary review .
- 380 -
) ...
or approval as outlined in this Chapter.
The Zoning
Administrator shall deny the Administrative Approval only if the
. development is not in compliance with the development standards
for the area as outlined in this Chapter.
The Zoning Administrator shall within 60 days of deeming the
application complete, prepare a written decision which shall
contain the findings of fact upon which such decision is based.
A copy of the decision shall be mailed to the applicant at the
address shown on the application within 10 days after the
decision is rendered.
section 9134.3. Commencement of Use. The rights granted by
an Administrative Approval shall be effective only when exercised
within one year from the date the approval is granted by the
Zoning Administrator. This time limit may be extended by the
. zoning Administrator for good cause, for a period not to exceed 6
months upon written request by the applicant.
The Administrative Approval shall be subject to compliance with
the provisions of Chapter 5 of this Article and applicable
provisions of other ordinances.
section 9134.4. Revocation. The Zoning Administrator may,
or upon direction from the Planning commission, revoke any
approved Administrative Approval in accordance with the following
procedures:
.
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
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se~ed either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, an Administrative Approval may be
revoked by the Zoning Administrator, or by the Planninq
Commission on appeal or review, if anyone of the followinq
findings are made:
(1) That the Administrative Approval Permit was obtained
by misrepresentation or fraud.
(2) That the use for which the Administrative Approval
was granted has ceased or has been suspended for six or more
consecutive calendar months.
(3) That the conditions of the permit have not been met,
or the permi t qranted is being or has recently been exercised
contrary to the terms of the approval or in violation of a
specific statute, ordinance, law or regulation.
(c) A written determination of revocation of an
Administrative Approval shall be mailed to the property owner and
the permit holder within 10 days of such determination.
section 9134.5 Appeals. The revocation of an
Administrative Approval may be appealed to the Planning
COlnmission if filed within 7 consecutive calendar days of the
date the revocation is made in the manner provided in Subchapter
lOL.
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Subchapter 10 O.
Enforcement.
Section 9150. 1. Purpose. This Subchapter is intended to
describe the role of appropriate city departments in enforcinq
this Chapter. Enforcement of the provisions of this Chapter and
any entitlements by the City shall be diligently pursued in order
to provide for their effective administration, to ensure
compliance with the terms and conditions of approval, to promote
the City I s Planninq efforts and to protect the publ ic health,
safety, and general welfare.
Section 9150.2 Responsibility. The Zoninq Administrator
shall have principal responsibility for monitoring and enforcinq
the conditions and standards imposed on all land use standards
and entitlements qranted by the City pursuant to this Chapter.
Any use or improvement which is established, operated, erected,
moved, altered, enlarqed, or maintained contrary . to the
provisions of this Chapter or any permit or approval issued
pursuant to this Chapter is unlawful and shall be subject to all
remedies available by law.
section 9150.3. Violation of Conditions of Approval. No
person shall fail to comply with the terms and conditions of any
permit or approval issued pursuant to this Chapter or with any
other ordinance relatinq to land use or development. This
Section shall apply to any person, whether or not the person was
the oriqinal applicant for the permit or approval, and whether or
not the person is the owner, lessee, licensee, agent, or
employee, if the person has notice of the terms and conditions of
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the \Jermi t or approval.
Section 9150.4. Each Day Separate Violation. Each day that
a person violates the provisions of this Chapter or the terms and
conditions of any permit or approval as provided for in section
9150.3 shall constitute a separate violation.
section 9150.5. Enforcement. In addition to any other
remedy provided for by law, the Zoning Administrator may take the
following action for any violation of this Chapter or of the
terms and conditions of any permit or approval as provided for in
section 9150.3:
(a) Institute proceedings as provided for by this Chapter
to revoke any permit or approval.
(b) Revoke the business license held by any violator as
provided for in Section 9150.6.
(c) Impose an enforcement fee as provided for in Section
9150.7.
(d) Cause to be issued a citation as provided for in
Section 9150.8.
(e) Request that the City Attorney take appropriate
enforcement action. Referral by the Zoning Administrator is not
a condition precedent to any enforcement action by the city
Attorney.
section 9150.6. Business License Revocation.
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(a) Notwithstanding any other provision of this Code, the
Zoning Administrator may revoke a business license issued
pursuant to Article VI of the Code if the holder of such business
license has violated the provisions of this Chapter or the terms .
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ana condi fions of any permit or approval as provided for in
section 9150.3 in accordance with the procedure set forth in this
section.
(b) Upon being notified of a third violation of any
provision of this Chapter or the terms and conditions of any
permit or approval during any calendar year, the Zoning
Administrator shall notify the person that a fourth violation
during such calendar year shall result in the revocation of the
person's business license.
(c) Upon the next violation during a calendar year
following the notice provided for in subsection (b), the Zoning
Administrator shall notify the person of the revocation of the
person's business license.
Cd) Any person may appeal the revocation of the business
license pursuant to this section in accordance with the following
procedures:
(1) A notice of appeal shall be filed with the Zoning
Administrator within ten days of the date of the notice.
(2) The Planning commission shall hold a hearing on
the appeal within 45 days of the date of the filing of the
appeal. The City shall give the appellant at least five da.ys
notice of the time and place of the hearing. The Planninq
Commission shall render a decision within 15 days of the date of
the hearinq. The purpose of the hearing shall be limited to
whether or not the appellant committed four or more violations
during the calendar year. In the event the Planning commission
makes such a determination, the revocation of the business
license shall be upheld.
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~ ,3) The decision of the Planning commission shall be
final except for judicial review and there shall be no appeal to
.
the city council.
(4) Any notice revocating a business license
pursuant to this Section shall set forth the appeal rights as
provided for in this subsection.
(5) Any notice of revocation issued pursuant to this
Section shall be final upon the expiration of the appeal period
.
if no appeal is timely filed or upon the decision of the Planning
commission if an appeal is filed.
Section 9150.7. Enforcement Fees.
(a) An enforcement fee shall be paid to the City by each
person who has violated the provisions of this Chapter or the
terms and conditions of any permit or approval as provided for in .
section 9150.3. The purpose of this fee is to recover the costs
of enforcement from any person who violates the provisions of
this Chapter or any permit or approval.
(b) Fees shall be asse~sed as follows:
(1) For the first violation during a calendar year,
there shall be no fee.
(2) For the second violation during the calendar
year, the fee shall be $100.00.
( 3 ) For the third violation and each subsequent
violation thereafter during the calendar year, the fee shall be
$200.00.
(c) The Zoning Administrator shall cause to be issued a
notice imposing fees under this section. The notice shall
.
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pr~vide that the fee shall be due and payable within 15 days from
the date of the notice. A penalty of ten percent per month shall
be added to any fees that have not been paid when due.
(d) Any person upon whom fees have been imposed pursuant to
this Section may appeal the action in accordance with the
following procedure:
(1) A notice of appeal shall be filed with the
Zoning Administrator within 10 days of the date of the notice.
(2) At the time of filing the notice of appeal, the
appellant shall deposit with the City Treasurer money in the
amount of all fees due. If, as a result of the hearing, it is
determined that the City is not entitled to all or a portion of
the money, the City shall refund to the person all or a portion
of the money deposited.
(3) The Planning commission shall hold a hearing on
the appeal within 45 days of the date of filing of the appeal.
The city shall give the appellant at least five days notice ot
the time and place of the hearing. The Planning Commission shall
render a decision within 15 days of the date of the hearing. The
purpose of the hearing shall be limited to whether or not the
violation occurred.
(4) The decision of the Planning Commission shall be
final except for jUdicial review and there shall be no appeal to
the City Council.
(5) Any notice issued pursuant to this section shall
set forth the appeal rights as provided for in this subsection.
(6) Any notice of revocation issued pursuant to this
section shall be final upon the expiration of the appeal period
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if do appear is timely filed or upon the decision of the Planning
commission.
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9150.8. Citations. Pursuant to Penal Code Section 836.5,
the Senior Zoning Inspector and Zoning Inspectors may arrest a
person whenever he or she has reasonable cause to believe that
the person to be arrested has committed a misdemeanor in his or
her presence which is a violation of this Chapter or the terms
and conditions of any permit.-Gr approval as provided for in
section 9150.3. In any case in which a person is arrested
pursuant to this section and the person arrested does not demand
to be taken before a magistrate, the Senior Zoninq Inspector or
Zoning Inspector shall prepare a written notice to appear and
shall release the person on his or her promise to appear as
provided for in section 3606 of this Code.
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...
SECTION 3. For any development in the area as described in
. Section 5 of Ordinance Number 1416 (CCS), the provisions of
Ordinance Number 1321 (CCS) and Ordinance Number 1416 (CCS) shall
apply in addition to the provisions of the Comprehensive Land Use
and Zoning Ordinance adopted pursuant to Section 2 of this
Ordinance.
.
.
SECTION 4. Any development not subject to the
Comprehensive Land Use and Zoning Ordinance adopted pursuant to
section 2 of this Ordinance by reason of section 9002.2 thereof
shall be subject to the following provisions and ordinances as
applicable:
(a) Those Sections repealed by section 1 of this
Ordinance.
(b) Ordinance Number 1319 (CCS) as extended by ordinance
Number 1426 (CCS).
(c) Ordinance Number 1321 (CCS).
(d) Ordinance Number 1367 (CCS).
(e) Ordinance Number 1416 (CCS).
(f) Ordinance Number 1422 (CCS).
(9) Ordinance Number 1423 (CCS).
(h) Ordinance Number 1424 (CCS).
(i) Ordinance Number l441 (CCS).
(j) Ordinance Number 1449 (CCS).
SECTION 5. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent wi th the provisions of
this Ordinance, to the extent of such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 6.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~t.-..~
ROBERT M. MYERS {/ - -
City Attorney
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t
Adopted and approved this 9th day of August, 1988.
Mayor
~
I hereby certify that the foregoing Ordinance No. 1452 (CCS)
was duly and regularly introduced at a meeting of the ci ty
council on the 27th day of July, 1988; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of August, 19BB, by the following Council vote:
Ayes:
Councilmembers: Finkel, Jennings, A. Katz, Zane,
Mayor Conn
Noes:
councilmembers: None
Abstain:
councilmembers: None
Absent:
Councilmembers: H. Katz, Reed