HomeMy WebLinkAbout2375 ORDINANCE NO. 2375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING TEXT AMENDMENT NO. TA 20-01
AMENDING VARIOUS SECTIONS OF THE CITY'S DEVELOPMENT
CODE AND THE TREE PRESERVATION ORDINANCE WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA")
WHEREAS, the Development Services Department initiated a text amendment to
amend and update various sections of the City's Development Code and the Tree
Preservation Ordinance under Text Amendment No. 20-01 (referred to as "Text
Amendment"); and
WHEREAS, the proposed Text Amendment will result in changes to Division 1:
Enactment, Applicability, and Enforcement, Division 2: Zones, Allowable Uses, and
Development Standards, Division 3: Regulations Applicable to All Zones — Site Planning
and General Development Standards, Division 4: Regulations for Specific Land Uses and
Activities, Division 5: Subdivisions, Division 7: Permit Processing Procedures, Division 8:
Development Code Administration, Division 9: Definitions, and add a new Division 10:
Tree Preservation, as shown under Exhibit "A" of this Ordinance; and
WHEREAS, on February 1, 2021, Planning Services completed an environmental
assessment of the proposed Text Amendment and recommended that the Planning
Commission forward a recommendation to the City Council that the Text Amendment is
exempt from review under the California Environmental Quality Act ("CEQA") pursuant to
Section 15061(b)(3), where it can be seen with certainty that there is no possibility that
the Text Amendment may have a significant effect on the environment, and the Text
Amendment is not subject to CEQA; and
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WHEREAS, on February 11, 2021, the City published notice of the Planning
Commission public hearing on the Text Amendment in a newspaper of general circulation
(Arcadia Weekly); and
WHEREAS, on February 23, 2021, the Planning Commission held a duly-noticed
public hearing and considered the staff report and recommendations by staff, and public
testimony concerning the Text Amendment; and
WHEREAS, after the public hearing the Planning Commission adopted Resolution
No. 2072 with a 5-0 vote, recommending approval of the Text Amendment to the City
Council with recommended changes, and directed staff to forward its recommendation to
City Council; and
WHEREAS, on March 16, 2021, the City Council held a duly noticed public hearing
concerning the Text Amendment, at which time all interested persons were given full
opportunity to be heard and to present evidence; and
WHEREAS, based upon the entire record, including without limitation the staff
report and related documents presented to the City Council, the City Council finds as
follows with respect to the proposed amendments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the March 16, 2021, staff report are true and correct.
SECTION 2. This City Council finds, based upon the entire record:
1. The proposed amendment is consistent with the General Plan and any
applicable specific plan(s).
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FACTS: The Text Amendment provides greater flexibility, cleans up existing
regulations that are in need of adjustments, and modifies the review process for existing
land uses. The intent and structure of the Development Code will remain the same and it
will continue to be consistent with the goals and polices of the Arcadia General Plan. The
proposed Text Amendment to the Development Code is found to be consistent with the
following General Plan Policies:
Economic Development Element:
Economic Development Goal ED- 1: "A mix of land uses and development
incentives that work to retain existing business and attract new enterprises that
generate tax revenues and high-quality jobs."
Economic Development Policy ED- 2.3: "Adjust parking standards for Downtown
to allow for shared parking arrangements, use of public parking lots and structures,
and reduced parking requirements."
Land Use and Community Development Element:
Land Use Goal 6: "Attractive and vibrant commercial corridors that support retail,
commercial, and office needs of Arcadia with expanded opportunities for mixed-
use development."
The proposed Text Amendment to the Tree Preservation Ordinance will continue
to reinforce the goals and visions of the City by implementing new regulations and
standards for the preservation of protected trees. Additionally, the Text Amendment also
includes changes to text, processes, and definitions to improve the usability and
applicability of the Tree Preservation Ordinance.
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As such, the proposed Text Amendment will be consistent with the provisions and
goals of the Arcadia General Plan.
2. For Development Code amendments only, the proposed amendment is
internally consistent with other applicable provisions of this Development Code;
FACTS: The proposed Text Amendment consists of minor adjustments and clean-
ups to the existing comprehensive Development Code. The proposed Text Amendment
does not consist of substantial changes to the format, structure or the existing processes
within the Development Code. The changes modify existing language and provide greater
flexibility with the review process for a business-friendly zoning document. Therefore, the
proposed Text Amendment will not constitute major alterations to the Development Code
and is internally consistent with all other existing zoning provisions.
The Tree Preservation Ordinance will be incorporated into the Development Code.
The Ordinance has been revised to follow the format, structure, and provisions of the
Development Code. Thus, the Tree Preservation Ordinance will be internally consistent
with the Development Code.
SECTION 3. The City Council has determined that the Text Amendment is exempt
from review under the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) because it can be seen with certainty that there is no possibility that the Text
Amendment may have a significant effect on the environment.
SECTION 4. For the foregoing reasons, the City Council adopts Text Amendment
No. TA 20-01. Staff is authorized to correct typographical errors, spelling, formatting, or
codification and to make other minor revisions to improve the reader's comprehension of
the Development Code, provided that any revisions do not alter the regulatory meaning
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and intent, and provided further that said edits are shown at the time of the Ordinance's
second reading.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of same to be published in the official newspaper of said City within fifteen
(15) days after its adoption. This Ordinance shall take effect on the thirty-first (31St) day
after its adoption.
Passed, and adopted this 6th day of April, 2021.
,cam
Mayor�of the City of Arcadia
ATTEST:
Wye Glasco
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2375 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 6th day of April, 2021 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Beck, Cheng, Verlato, Tay, and Chandler
NOES: None
ABSENT: None
117/
ity Clerk of the City of Arcadia
[Page Left Intentionally Blank]
Exhibit "A" -
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Proposed Text Amendments to the City's
Development Code
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Division 1:
Enactment, Applicability, and Enforcement
9101.02.020 Rules of Interpretation
A. Authority. The Director has the authority to interpret provisions of this Development Code according to Subsection
9101.02.030 (Procedures for Interpretation). Whenever the Director determines that the meaning or applicability of a
Development Code requirement is subject to interpretation,the Director shall issue a written interpretation.The Director may
also refer any issue of interpretation to the Commission for a determination.The Director may defer authority or interpretation,
reviews,and approval to a designee. This shall be applied throughout the Development Code.
B. Terminology. When used in this Chapter,the following rules apply to all provisions of this Development Code:
1. Language. When used in this Development Code, the words"shall,""must,""will,""is to,"and"are to"are mandatory.
"Should"is not mandatory but is strongly recommended,and"may"is permissive.
2. Tense. The present tense includes the past and future tense,and the future tense includes the present.
3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction
of the words indicates otherwise.
4. Calculations
a Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum
site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. An
Administrative Modification pursuant to Section 9107.05(Administrative Modifications) may be approved to round
up a fraction of a unit equal to or greater than 0.5.For projects eligible for a density bonus pursuant to Government
Code Section 65915 or any successor statute and Section 9103.15 (Density Bonus for Affordable and Senior
Housing),any fractional number of permitted density bonus units shall be rounded up to the next whole number.
b Other Calculations. For calculations other than residential density,the fractional/decimal results of calculations of
one-half(0.5)or greater shall be rounded up to the nearest whole number and fractions of less than one-half(0.5)
shall be rounded down to the nearest whole number,except as otherwise provided.
5. Conjunctions. "And"indicates that all connected items or provisions shall apply."Or"indicates that the connected items
or provisions may apply singly or in any combination."Either...or"indicates that the connected items and provisions shall
apply singly but not in combination."Includes"and"including"shall mean"including but not limited to."
6. Local Reference. "City" as used in this Development Code means the City of Arcadia, and all public officials, bodies,
and agencies referenced are those of the City unless otherwise stated.
7. Definitions. As defined in Division 9(Definitions)and/or as determined/interpreted by the Director.
C. Number of Days. Whenever the number of days is specified in this Development Code, or in any permit, condition of
approval,or notice issued or given as provided in this Development Code,the number of days shall be construed as calendar
days,unless otherwise specified.When the last of the specified number of days falls on a weekend or City holiday,time limits
shall extend to the end of the next working day.
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D. Minimum Requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be
considered to be minimum requirements,unless specifically stated otherwise.
9101.02.040 Uses Not Classified
A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Division 2 (Zones, Allowable Uses, and
Development Standards),the use shall not be allowed,except as provided below.
B. Director's Determination. Based on the authority granted in Subsection 9101.02.030 (Procedures for Interpretation), the
Director may determine that a land use that is not listed in Division 2(Zones,Allowable Uses, and Development Standards)
may be allowed. In making this determination,the Director shall first make all of the following findings:
1. The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses
listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic
generation,parking,dust,odor,noise,emissions,or similar impacts than the uses listed in the zone;
2. The use will meet the purpose/intent of the zone that is applied to the location of the use;and
3. The use will be consistent with the goals,objectives,and policies of the General Plan and/or any applicable Specific
Plan or Planned Development Permit.
C. Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is equivalent to
a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed,
what permits are required,and what other standards and requirements of this Development Code apply.
D. Uses Not Permitted in Arcadia.Notwithstanding the above, Bail Bonds, Boarding Houses,short-term rental,home sharing,
Check Cashing Establishments, personal recreational use, possession, purchase, transport, or dissemination of marijuana,
and any other uses determined by the Director to have equivalent characteristics and activities to these prohibited uses shall
not be treated as permitted or conditionally permitted uses in any zone of the City of Arcadia.
E. Marijuana Cultivation,Use and Violations
1. Outdoor Cultivation of Marijuana.A person may not plant,cultivate,harvest,dry,or process marijuana plants outdoors
in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether
administrative or discretionary,shall be approved or issued for any such use or activity.
2. Indoor Cultivation of Marijuana
a. A person may not plant,cultivate,harvest,dry,or process marijuana plants inside a private residence,or inside an
accessory structure to a private residence located upon the grounds of a private residence, or inside any other
enclosed structure within any zoning district of the City.No use permit,building permit,variance,or any other permit
or entitlement,whether administrative or discretionary,shall be approved or issued for any such use or activity.
b. To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not
plant,cultivate,harvest,dry,or process marijuana plants inside a private residence,or inside an accessory structure
to a private residence located upon the grounds of a private residence, unless the person is issued an indoor
cultivation permit by the Planning Division. A person may not plant, cultivate, harvest, dry, or process marijuana
plants inside any enclosed structure within any zoning district of the City which is not either a private residence or
an accessory structure to a private residence located upon the grounds of a private residence.
c. The Planning Division will issue application and processing guidelines for the indoor cultivation permit. No indoor
cultivation permit shall be issued prior to the release of these guidelines,and no permit shall be granted which has
not complied fully with the application and processing requirements.
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3. Medical Use of Marijuana
a. Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health&Safety Code is subject to
the cultivation requirements laid out in Subsection 9101.020.040.D.3(Indoor Cultivation of Marijuana).
b. The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service,
operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use
permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall
be approved or issued for the establishment of any collective, cooperative,dispensary, delivery service, operator,
establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or
operations in any zoning district.
4. Commercial Use of Marijuana. The establishment or operation of any business of commercial marijuana activity is
prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or
discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such
prohibited businesses or operations may include,but are not limited to:
a. The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana
accessories;
b. The cultivation of marijuana;
c. The manufacturing or testing or marijuana, marijuana products,or marijuana accessories;or
d. Any other business licensed by the state or other government entity under Division 10 of the California
Business&Professions Code,as it may be amended from time to time.
5. Marijuana Violations.No person,whether as principal, agent,employee or otherwise,shall violate,cause the violation
of,or otherwise fail to comply with any of the requirements of this section.Every act prohibited or declared unlawful,and
every failure to perform an act made mandatory by this section,shall be a misdemeanor or an infraction,at the discretion
of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or
permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as
provided in Section 1200 of this Municipal Code and/or under state law.
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Division 2:
Zones, Allowable Uses, and Development Standards
9102.01.080 Accessory Dwelling Units
Amended by Ord.No.2347
Amended by Ord.2369&2370
Accessory dwelling units and junior accessory dwelling units, as defined in Division 9 (Definition)of this Development Code,
are allowed in the R-0, R-1 and R-M, R-2, R-3-R and R-3 zones, developed with at least one dwelling if the lot is currently
•• . . .. . . - . .•. Accessory dwelling units are subject to all development standards for the underlying
zoning of the property, as set forth in Table 2-2 (Development Standards for Single- Family Residential Zones) or in Table
2-6 (Development Standards for Multiple-Family Residential Zones) unless otherwise specified in Subsection 9102.01.080.B.
A. Development Standards
1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the development
standards(setbacks, lot coverage,height, etc.).All accessory dwelling units shall be clearly subordinate in location
and size to the primary structure and consistent in exterior appearance with the primary structure through the use
of similar/matching exterior paint colors, material types, and architectural styles. Accessory dwelling units shall
have a defined and independent exterior access.An accessory dwelling unit is allowed on a site only when a primary
residence exists.
2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family dwelling
exists on the lot or will be constructed in conjunction with the accessory dwelling unit. An accessory dwelling unit
may be either attached to the existing dwelling unit, or located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot as the existing dwelling.A junior accessory dwelling
unit(JR ADU)may only be located within an existing or proposed single-family structure.
One of the following is allowed:
1. One Attached ADU(may not be allowed with detached ADU or JR ADU);or
2. One Detached ADU or a JR ADU by itself;or
3 One Detached ADU with one JR ADU
4. Maximum Floor Area and Lot Coverage.No accessory dwelling unit may cause the total Floor Area Ratio(FAR)of
the lot to exceed 45%. No accessory dwelling unit may cause the lot coverage of the lot to exceed 50%.
5. Minimum Open Space. No ADU to this Section may cause the total percentage of open space of the lot to fall below
50 percent.
6. Maximum Size
a. Accessory Dwelling Unit. The maximum size of detached or attached accessory dwelling unit is 850 square
feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two
bedrooms are allowed.
b. Junior Accessory Dwelling Unit. The maximum size within an existing or proposed single-family dwelling is
500 square feet.
c. An attached accessory dwelling unit that is created on a lot within an existing primary dwelling is further limited
to 50 percent of the floor area of the existing primary dwelling.
d. Application of other development standards, such as FAR or lot coverage, might further limit the size of the
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accessory dwelling unit, but no application of FAR, lot coverage, or open space requirements may require the
accessory dwelling unit to be less than 800 square feet.
7.Maximum Height and Story
a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height, measured to the
top of the roof ridge.
b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary residence.
c. A detached accessory dwelling unit may not exceed one story.
8. Required Setbacks.A detached accessory dwelling unit shall have a minimum side and rear yard setbacks of at
least four(4)feet.An attached accessory dwelling unit shall have the same setbacks as required for the primary
residence.
9. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking space
(covered or uncovered).The uncovered parking space shall be located on a paved surface,and may be provided
in the setback areas or as tandem parking.
When a garage,carport,or covered parking structure is demolished or converted in conjunction with the construction
of an accessory dwelling unit, the required parking spaces shall be replaced as specified in Table 3-3. If code
compliant replacement parking cannot be provided, the replacement parking spaces may be located in any
configuration on the same lot as the accessory dwelling unit,including but not limited to,covered spaces,uncovered
spaces, or tandem spaces or by the use of mechanical automobile parking lifts within an enclosed garage (This
section was previously in Division 3):
a. The property is an R-M zoned property, a hillside property, located within a designated fire zone, or a non-
conforming lot, or if the Director determines that such parking arrangements are not feasible based upon
specific safety conditions,or that such arrangements are not permitted anywhere in the City.
10. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary residence is also required
to have fire sprinklers.
B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units. If the an accessory dwelling
unit does qualify for as a Building Permit Only,the procedures specified in Subsection 9102.01.080.6.2,shall be followed.
1 Building Permit Only.An accessory dwelling unit or junior accessory dwelling unit is only subject to a building
permit when it is proposed on a residential or mixed use zone and meets one of the following scenarios:
A. Converted Accessory Dwelling Unit in Single-Family Zones: Only one accessory dwelling unit or
junior accessory dwelling unit on a lot with a proposed or existing single family dwelling on it,where the
accessory dwelling or junior accessory dwelling unit:
1. Is either: within the space of a proposed single-family dwelling; within the existing space of an
existing single-family dwelling;or within the existing space of an accessory structure-dwelling,plus
up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
2. Has exterior access that is independent of that for the single-family dwelling.
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire
codes.
4. The converted ADU shall not exceed 50% of the livable area of the primary residence nor the
maximum permitted size for a junior accessory dwelling unit.
B. Detached Accessory Dwelling Unit:One detached,new construction of an accessory dwelling unit on
a lot with a proposed or existing single-family dwelling (in addition to any junior accessory dwelling unit
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that might otherwise be established on the lot under Subsection A), if the detached accessory dwelling
unit satisfies the following limitations:
1. The side and rear yard setbacks are at least four(4)feet.
2. The total floor area is 800 square feet or less.
3. The structure does not exceed 16 feet in height and one-story.
C. Converted Accessory Dwelling Unit in Multifamily Zones: '. ': . - -• . - .
pPortions of existing multifamily dwelling structures that are not used as livable space,including but not
limited to storage rooms,boiler rooms, passageways,attics, basements,communal rooms;or garages,
may be converted into an accessory dwelling unit if it complies with the state building standards for
dwellings. Only one (1) converted accessory dwelling unit is allowed within an existing multifamily
dwelling, and up to 25 percent of the existing multifamily dwelling units on the lot may each have a
converted accessory dwelling unit.
D. Detached Accessory Dwelling Unit in Multifamily Zones: No more than two detached accessory
dwelling units may be located on a lot that has an existing multifamily dwelling.-if sEach detached
accessory dwelling units must satisfyies the following requirements limitations-
1. The side and rear yard setbacks are at least four(4)feet.
2. The total floor area is 800 square feet or less, and shall not be larger in size than the any
existing multifamily unit.
2. Accessory Dwelling Unit Permit
Any construction that exceeds the requirements listed above listed in Subsection 1 above (Building
Permits Only)shall require a Zoning Clearance for an Accessory Dwelling Unit pursuant to the provisions
of Section 9107.27(Zoning Clearance for Accessory Dwelling Units).
3 Process and Timing
A. A Zoning Clearance for an Accessory Dwelling Unit permit is considered and approved ministerially,
without discretionary review or a hearing, unless the unit exceeds the code requirements(e.g. FAR)
and is subject to an Administrative Modification.
B. The City must act on an application within 60 days from the date the City receives a completed
application,unless either:
1. The Applicant requests for a delay,in which case the 60 day time period is tolled for the period
of the requested delay,or
2. A junior accessory dwelling unit is submitted with a permit application to create a new single-
family dwelling on the lot,the City may delay acting on the permit application until the City acts
on the application for the new single-family dwelling, but the application to create the junior
accessory dwelling unit is still considered ministerially without discretionary review or a hearing.
4 Covenant Required.An accessory dwelling unit is not intended for sale separate from the main dwelling
unit and lot or to be used as a short term rental (terms less than 28 30 days). A covenant in a form
approved by the City Attorney shall be recorded for each accessory dwelling unit specifying its size,
location, and attributes, and requiring that the accessory dwelling unit shall not be sold independently of
the main dwelling unit and lot and that no more than one lease agreement for terms of no less than 28 30
days may be entered into at any time.
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C. Impact Fees.
1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 800 square feet in
size.
2. Any impact fee that is required for an accessory dwelling unit that is 800 square feet or larger in size must
be charged proportionately in relation to the square footage of the primary dwelling (e.g. the floor area of
the primary dwelling, divided by the floor area of the accessory dwelling unit,times the typical fee amount
charged for a new dwelling). Impact fees does not include any connection fee or capacity charge for water
or sewer service.
D. Utility Fees.
1. Converted accessory dwelling units and junior accessory dwelling units on a single-family lot that were
approved by a building permit only are not required to have a new or separate utility connection directly
between the accessory dwelling unit or junior accessory dwelling unit and the utility, Nor is a construction
fee or capacity charge required unless the accessory dwelling unit is constructed with a new single-family
home. All accessory dwelling units and junior accessory dwelling units require a new, separate utility
connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden
created by the accessory dwelling unit or junior accessory dwelling unit,based on either the floor area or
the number of drainage-fixture(DFU)values,as defined by the Uniform Plumbing Code,upon the water
or sewer system.The fee or charge may not exceed the reasonable cost of providing this service.
E. Owner Occupancy.
a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-occupancy
requirement that was in place when the accessory dwelling unit was created.
b. An accessory dwelling unit that is created after that date but before January 1, 2025, is not subject to any owner-
occupancy requirement.
c. All accessory dwelling units that are created on or after January 1, 2025, are subject to an owner-occupancy
requirement.A person with legal or equitable title to the property must reside on the property as the person's legal
domicile and permanent residence.
d. All junior accessory dwelling units are subject to an owner-occupancy requirement.A person with legal or equitable
title to the property must reside on the property, in either the primary dwelling or junior accessory dwelling unit,as
the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this
paragraph does not apply if the property is entirely owned by another governmental agency,land trust,or housing
organization.
F. Nonconforming Accessory Dwelling Units and Discretionary Approval
Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to the objective design
standards and/or exceeds the maximum size of 800 square feet for an accessory dwelling unit on a lot that already
exceeds the maximum floor area,may be considered by the City with an Administrative Modification process in Section
9107.05.
G. Objective Design Standards for Accessory Dwelling Units
Architectural
1. The materials and colors of the exterior walls, roof, eaves, and windows and doors must match the appearance
and architectural design of those of the primary dwelling.
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2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the
slope shared by the largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
4. The ADU must have an independent exterior entrance,apart from that of the primary dwelling.The ADU entrance
must be located on the side or rear building façade, not facing a public-right-of-way.
5. For new detached ADUs,there must be indentations and/or projections provided that are at least 8-inches in depth
on at least two of the exterior walls to break-up flat wall planes. The interior wall height shall be at least seven
feet tall.
6. All windows that are located 9-feet in height above the finished floor must be clerestory windows (no dormers),
and must be frosted or obscure glass.
7. A new detached ADU may not be located closer to the front property line than the primary residence.
8. On a new detached ADU,exposed gutters and downspouts are not allowed.
9. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on
the federal, state, or local register of historic places must comply with all applicable ministerial requirements
imposed by the Secretary of the Interior.
Landscape
10. Landscaping around the detached ADU must be drought-tolerant or low water-using plants that utilize a variety of
drought tolerant resistant grasses,turf substitutes,or ground covers that maintain a living,continuous planting area,
and provide screening between the ADU and adjacent parcels. Desert landscape or rock garden designs are not
allowed.
11. All landscaping utilized must be taken from the city's approved planting materials listed in the City's Single-Family
Design Guidelines.
Other
12. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-
apparatus access, as determined by the Fire Department.
13. Each unenclosed parking space shall be at least 10 feet in width and 20 feet in length. On multifamily and mixcd
use zoned properties, the unenclosed parking space shall be 9 feet in width and 19 feet in length. When a parking
space is adjacent to a solid wall or structure, the parking space shall be 11'-6"in width and 20 feet in length.
14. Each parking space that is provided in an enclosed garage in a single-family zoned property shall be at least ten
feet wide and twenty feet long and have at least seven and a half feet vertical clearance. On multifamily and mixed-
use zoned properties,the parking space shall be 9 feet in width and 19 feet in length.
15. On corner lots,a separate walkway from the primary residence may be allowed to the detached ADU entrance and
it must connect to the nearest public sidewalk or right-of-way.
16. ADUs must have clear addressing visible from the street. Addresses must be at least 4 inches high and shall be
shown on the curb next to the primary address number.
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9102.01.100 Additional Residential Development Standards in Multifamily Zones
Amended by Ord. No. 2347
A. Exceptions to Minimum Density in R-2 and R-3
1. Lot Width Exception. If a lot regulated by this Division has a width of 50 feet or less, it may be developed
with less than the required minimum density but not less than two dwelling units on the lot. Development
of this type shall be considered through the Modification process described in Section 9107.05
(Administrative Modifications).
2. Lot Size Exception. If a lot regulated by this Division has a lot size of 6,000 square feet or less, it may be
developed with less than the minimum density, including one single-family dwelling unit. Development of
this type shall be considered through the Administrative Modification process described in Section
9107.05 (Administrative Modifications).A new or expansion to an existing single-family dwelling shall be
reviewed in compliance with the regulations applicable to the zone in which the dwelling is located.
B. No Parking within Front andlor Street Side Setbacks. No parking shall be allowed within required front
and/or street side setbacks,or within any landscaped area not designated as a driveway or vehicle parking area.
C. Exception to Side Setback in R-2, R-3, and R-3-R. On lots that are less than 65 feet in width, the enclosed
single-story garage portion of a dwelling unit may encroach a maximum of five feet into the required interior side
setback, provided that no living space is included in the encroachment.
D. Exception to parking dimensions in R-2, R-3, R-3-R. On Lots that are 50 feet or less, a minimum back-up space of 23
feet shall be allowed.
E. Open Space Requirements for R-2,R-3,and R-3-R
1. Type. Open space shall be in the form of private or common open space via balconies, courtyards, at-grade patios
(rear and side of the units),rooftop decks,gardens,or terraces.
2. Minimum Dimension.Balconies that are 30 inches or less in width or depth shall not be counted as open space.
3. Location. Private open space shall be contiguous and directly accessible from the unit it serves, with a minimum
dimension in all directions of 10 feet.
F. Roof Decks. Roof decks are permitted, subject to Site Plan and Design Review, in the R-2 and R-3 zones provided
that roof decks meet the following development standards:
1. Location. Roof decks shall be set back five feet from all building lines of the structure. The building line shall
be measured from the roof edge of the story directly below the deck.
2. Height Limits. The guardrail and other objects, whether permanent or temporary, which rest upon the roof deck
such as patio furniture,landscaping,swimming pool features,and storage,shall be allowed to exceed the maximum
height limit specified in Subsection 9102.01.090(Development Standards in Multifamily Residential Zones) by up to
five feet. Exterior stairways and other access features such as stairwells or elevators for access to roof decks shall
not exceed the residential zoning district's height limit by more than 10 feet and shall be architecturally integrated into
the design of the structure.
3. Screening. The roof deck area shall be appropriately designed so as not to be visible from all sides of the structure
or from the grade below. Appropriate screening shall be architecturally compatible with and integrated into the
existing structure as determined by the Director.The solid screening may include roofing,solid parapet walls,or other
methods architecturally compatible with the design of the structure.
4. Architecturally Compatible. The roof deck shall be architecturally compatible with the existing exterior materials
and colors of the existing structure,and appear as an integral part of the roof system.
9
5. Furniture. All furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage
or dislocation.
Laundry. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of
one washer and one dryer for each eight units. Such common laundry area shall be centrally located to the units to be
served.
Water Features in the R-2, R-3, and R-3-R Zones. The following limitations shall apply for the installation of any water
feature(including fountains and ponds,but excluding swimming pools and spas)and its mechanical equipment:
1. Maximum Height. The maximum height of a water feature shall not exceed four feet six inches, as measured from
the adjacent existing grade.
2. Minimum Front Setback.All water features shall be at least 15 feet from the front property line.
3. Minimum Side and Rear Setbacks. All water features shall comply with applicable side and rear setback
requirements of the primary structure.
4. Maximum Depth.The maximum water depth of a water feature shall not exceed 18 inches measured from the highest
possible water level, or as required by California Building Code Chapter 31 (Special construction), Section 3119.B.5
(Pools),as it may be amended from time to time.
• Exception to Height Limit in R-2 and R-3 Zones. In the R-2 and R-3 zones, the ridge of a pitched roof on a primary
structure may extend up to three feet above the maximum height limit. No portion of a roof with only one sloping plane
may extend beyond the maximum height limit(commonly known as"shed roof'design).
Setbacks when Abutting a Single family Zoned Property
1. When abutting a single family zoned property,any structure shall be setback a minimum distance of 20 feet.
2. Where a property line abuts a dedicated alley which separates the property from abutting a multi-family zoned
property, the setback shall be measured from the centerline of the alley, and no portion of any structure shall
encroach through a plane projected from an angle of 45 degrees, as measured at the ground level along the
centerline of any alley.
9102.03.020 Land Use Regulations and Allowable Uses
A. Allowed Uses. Table 2-8 (Allowed Uses and Permit Requirements for Commercial and Industrial Zones) indicates the
land use regulations for Commercial and Industrial zones and any permits required to establish the use, pursuant to
Division 7(Permit Processing Procedures).The regulations for each zone are established by letter designations as follows:
"P" represents permitted (allowed)
uses. "A"represents accessory uses.
"M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09
(Conditional Use Permits and Minor Use Permits)of this Development Code.
"C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09
(Conditional Use Permits and Minor Use Permits)of this Development Code.
B. Director Determination.Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity
is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land
uses not listed in the table or not found to be substantially similar to the land uses below are prohibited.
10
C. Specific Use Regulations.Where the last column in Table 2-8 includes a Section, Subsection,or Division number,
the regulations in the referenced Section,Subsection,or Division shall apply to the use.
Table 2-8 P Permitted by Right(1)
Allowed Uses and Permit A Permitted as an Accessory Use
Requirements for Commercial M Minor Use Permit
and Industrial Zones C Conditional Use Permit
-- Not Allowed
Land Use C-0 C-G C-R M-1 Specific Use Regulations
Business,Financial,and Professional
Automated Teller Machines(ATMs) P P P --
Check Cashing and/or Payday -- -- -- --
Loans _
Financial Institutions and Related P P P
Services
Government Facilities P C C C
In M-1, accessory office
Office,Business and Professional P P P A uses are limited to 25%of
building floor area.
Eating and Drinking Establishments
Bars,Lounges,Nightclubs,and See Subsection
Taverns -- C M -- 9104.02.040(Alcoholic
Beverage Sales)
See Subsection
Outdoor Dining(Incidental and on 9104.02.230 (Outdoor
ert 12 seats or fewer -- P P Dining Uses on Public
Public Property)y) Property)and 9104.02.240
(Outdoor Dining-Incidental)
See Subsection
Outdoor Dining (Incidental and on 9104.02.230 (Outdoor
Public Property) — more than 12 M M P -- Dining Uses on Public
seats Property) and 9104.02.240
(Outdoor Dining-Incidental)
Restaurant—Small(no alcohol) P P P M
Restaurant—Large(no alcohol) M M P M-
Restaurant—Full or Limited Service See Subsection
With late hours — open between -- C M -- 9104.02.150(Extended
midnight and 6:00 AM Hours Uses)
Restaurant— Full or Limited Service, See Subsection
M M P 9104.02.040(Alcoholic
Serving Alcohol without late hours
G O Beverage Sales)
Restaurant—Full or Limited Service, C C M
Serving Alcohol with late hours
Education
Schools,Private C C C --
11
Allowed Uses and Permit A Permitted as an Accessory Use
Requirements for Commercial and M Minor Use Permit
Industrial Zones C Conditional Use Permit
•• Not Allowed
Land Use C•0 C-G C.R M•1 I Specific Use Regulations
Trade and Vocational Schools - C M C
Tutoring and Education Centers - C M --
Industry,Manufacturing and Processing,and Warehousing Uses
Allowed as an accessory
Brewery and Alcohol Production - C A GP use to a restaurant in C-R
- zone.
Data Centers - I -- I - I GP
See Subsection
Hazardous Waste Facilities - -- - C 9104.02.160(Hazardous
- - Waste Facilities)
Food Processing - I -- I - I P I
Fulfillment Centers _ P
Light Industrial - I -- I - I P I
Heavy Industrial (under 40,000 _ __ _ PM
square feet)
Heavy Industrial(40,000 square feet and - -- - PC
over)
Recycling facilities
Heavy processing - -- I - C
Large collection - I -- I - I C
See Subsection
Light processing - GM 9104.02.250(Recycling
Reverse Vending Machine(s) - I P I - I P
Facilities)
Small collection - I P I - I P
Research and Development - P - P
Storage—Accessory A A A A
Storage—Outdoor - -- - C
Storage—Personal - -- - C
Vehicle Storage - -- - GM
I Retail Warehouse(under 40,000 - -- -- P
square feet) -
I Retail Warehouse(40,000 square feet - -- -- M
and over) -
Wholesaling I - I -- I - I P I
Medical-Related and Care Uses
See Subsection
Day Care,General A C C -- 9104.02.080 (Day
Care,General)
See Subsection
Emergency Shelters - -- - P 9104.02.140(Emergency
- - Shelters)
Hospitals C I -- I - P
Medical Clinics M I PM I P I P
Medical and Dental Offices P P P P
12
Table 2-8 P Permitted by Right(1)
Allowed Uses and Permit A Permitted as an Accessory Use
Requirements for Commercial and M Minor Use Permit
Industrial Zones C Conditional Use Permit
-- Not Allowed
Land Use C-0 C-G C-R M-1 Specific Use Regulations
Residential Care Facilities - Seven or See Subsection
More Persons C C -- -- 9104.02.260(Residential
Care Facilities)
Supportive Housing,Residential C C
Care Facility Large Type
Transitional Housing,Residential C C I -- --
Care Facility Large Type
Recreation and Entertainment
Arcade(Electronic Game Center) - I C I P I -
Commercial Recreation-Indoors - I C ( P I C
Commercial Recreation-Outdoors - I C I C I C
See Subsection
Karaoke and/or sing-along uses - C M -- 9104.02.190 (Karaoke
-
and/or Sing-Along
Health/Fitness Facilities,Small - I M I P I --
Health/Fitness Facilities,Large - I C I P I --
Indoor Entertainment C C P C
Studios-Art and Music - M P --
Retail Uses
Alcohol Beverage Sales
Alcohol Sales,Off-Sale -- C I M I --
Alcohol Sales, Off-Sale,
Accessory to Eating and Drinking -- M M --
Establishment Only G
Alcohol Sales, Off-Sale, -- M __ __
Accessory to a Hotel Only
Building Material Sales and Services -- I C I -- I P
Pawn Shop -- I -- I -- I --
Pet Stores, inclusive of grooming -- P P P No overnight animal keeping
services
Plant Nursery -- I P I M I P I
Recreational Equipment Rentals P I P I P I P
Retail Sales P I P I P I C
Retail Carts and Kiosks Indoor P P P P In C-R, indoor kiosks may
be informational/unstaffed
See Subsection
Retail Carts and Kiosks-Outdoor -- M P -- 9104.02.110(Displays and
Retail Activities-Outdoor)
Secondhand Stores -- I C I P I C
Swap Meets -- I C -- C
13
Table 2-8 P Permitted by Right(I)
Allowed Uses and Permit A Permitted as an Accessory Use
Requirements for Commercial M Minor Use Permit
and Industrial Zones C Conditional Use Permit
-- Not Allowed
Land Use C-0 C-G C-R M-1 Specific Use Regulations
Vehicle Rentals -- -- -- P
In C-R zone, may not
Vehicle Sales—New C P C exceed 10,000 square feet
for any individual vehicle
sales establishment.
In C-R zone, may not
Vehicle Sales—Used -- C P -- exceed 10,000 square feet
for any individual vehicle
sales establishment.
Service Uses
See Subsection
Animal Boarding/Kennels -- -- -- C 9104.02.200 (Kennels;
Animal Board and Care)
Animal Grooming -- P P --
Bail Bond Services -- -- -- --
Funeral Homes and Mortuaries -- C -- --
Hotel and Motel -- C -- --
Maintenance and Repair Services, P - P
Large Appliance
Maintenance and Repair Services, P P P
Small Appliance
Personal Services,General P P P C
Personal Services,Restricted -- C C --
Postal Services P P P P
Printing and Duplicating Services P P P P
Vehicle Repair and Services
Service/Fueling Station C C C C
See Subsection
Vehicle Washing/Detailing -- C A C 9104.02.280
Vehicle Repair,Major -- -- -- p (Service/Fueling Stations)
Vehicle Repair,Minor -- M P P
See Subsection
Veterinary Services -- C C C 9104.02.200 (Kennels;
Animal Board and Care)
Table 2-8 P Permitted by Right(1)
Allowed Uses and Permit A Permitted as an Accessory Use
Requirements for Commercial M Minor Use Permit
and Industrial Zones C Conditional Use Permit
-- Not Allowed
14
Land Use C-0 C-G C-R M-1 Specific Use Regulations
Transportation,Communication,and Infrastructure Uses
Exception: All facilities are
Antennas and Wireless permitted on City-owned
Communication Facilities - Co- P P P P properties and public rights-
Location or Panel of-way. New standalone
facilities are not permitted in
Architectural Design (D)
overlay zones.
Antennas and Wireless
See also Subsection
Communication Facilities C C C
Standalone Facility 9104.02.050 (Antennas and
Wireless Communication
Facilities)
Car sharing parking spaces
Car Sharing P P P M may not occupy any space
required for another use.
Parking garages may front
on Huntington Drive only
Off-Street Parking Facilities (not when the ground floor
associated with a primary use) P P P C adjacent to the street is
constructed to
accommodate commercial
uses,not parking.
Recharging Stations P P P P
Subject to Site Plan and
Utility Structures and Service P P P P Design Review pursuant to
Facilities Section 9107.19 (Site Plan
and Design Review).
Other Uses
Assembly/Meeting Facilities, Public M M -- M
or Private
See Subsection
Donation Box—Outdoor M M -- M 9104.02.120(Donation Box
—Outdoor)
See Subsection
Drive-Through or Drive-Up Facilities -- C -- C 9104.02.130 (Drive-through
and Drive-up Facilities)
See Subsection
Extended Hours Uses C C M C 9104.02.150(Extended
Hours Uses)
Places of Religious Assembly M M -- M
Stable,Public and Private -- -- -- C
Reverse Vending Machines— P P P P Allowed indoors only
Consumer Goods
Vending Machines P P P P Allowed indoors only
9102.05.020 Land Use Regulations and Allowable Uses in Downtown Zones
Amended by Ord.No.2348&2356
Amended by Ord.No.2369&2370
15
A. Allowed Uses. Table 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) indicates the land
use regulations for the Downtown zones and any permits required to establish the use, pursuant to Division 7
(Permit Processing Procedures).The regulations for each zone are established by letter designations as follows:
"P"represents permitted(allowed) uses.
"A"represents accessory uses.
"M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section
9107.09(Conditional Use Permits and Minor Use Permits)of this Development Code.
"C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section
9107.09 09(Conditional Use Permits and Minor Use Permits)of this Development Code.
"UF"designates uses that are permitted on upper floors only, and are not allowed on the ground floor of a
structure. "--"designates uses that are not permitted.
B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or
activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in
character. Land uses not listed in the table or not found to be substantially similar to the land uses below are
prohibited.
C. Specific Use Regulations. Where the last column in Table 2-10 (Allowed Uses and Permit Requirements for
Downtown Zones) includes a Section, Subsection, or Division number, the regulations in the referenced
Section, Subsection, or Division shall apply to the use.
P Permitted by Right
Table 2-10 A Permitted as an Accessory Use
Allowed Uses and Permit C Conditional Use Permit
M Minor Use Permit
Requirements for Downtown Zones Not Allowed
(UF) Upper Floor Permitted,Not Allowed on Ground Floor
Land Use CBD MU DMU CM Specific Use Regulations
Business,Financial,and Professional
Automated Teller Machines(ATMs) •
P P P P
Check Cashing and/or Payday Loans •
•
-- - -- -
Financial Institutions and Related Services M M M -
Government Facilities C C C•
C
Offices,Business and Professional P(4R) P( ) P P
Eating and Drinking Establishments
Accessory Food Service A A A A
Alcohol Sales(On-siteSale,Accessory Only) M M M M
Bars, Lounges,Nightclubs,and Taverns C C C C
See Subsections 9104.02.230
Outdoor Dining(Incidental and on Public Property)— (Outdoor Dining Uses on Public
12 seats or fewer P P P P Property) and 9104.02.240 (Outdoor
Dining—Incidental)
See Subsections 9104.02.230
Outdoor Dining(Incidental and on Public Property)— M M M M (Outdoor Dining Uses on Public
more than 12 seats Property) and 9104.02.240 (Outdoor
Dining—Incidental)
16
Restaurant—Small(with no Alcohol Sales) P P P P
Restaurant—Large(with no Alcohol Sales) P P P P
P Permitted by Right
Table 2-10 A Permitted as an Accessory Use
Allowed Uses and Permit C Conditional Use Permit
Requirements for Downtown Zones M Minor Use Permit
Not Allowed
(UF) Upper Floor Permitted,Not Allowed on Ground Floor
Land Use CBD MU DMU CM Specific Use Regulations
Restaurant—Small or Large See Subsection 9104.02.150
With late hours—open between midnight and 6:00 M C M C (Extended Hours Uses)
A.M.)
Restaurant—Small or Large s
Serving Alcohol,within 150 349 ft of residential zone M M M See Subsection 9104.02.040(Alcoholic
Restaurant—Small or LargeP M P 6 Beverage Sales)
Serving Alcohol,not within 150 398 ft of residential zone
Education
Schools,Public and Private -- -- -- --
Trade and Vocational Schools C(UF) -- C(UF) C
Tutoring and Education Centers C(UF) -- -- C
(UF)
Industry,Manufacturing and Processing,and Warehousing Uses
Brewery and Alcohol Production, with or without M M M MG
onsite tasting and associated retail commercial use
Brewery and Alcohol Production
Data Centers -- -- -- C
Food Processing -- -- -- C
Fulfillment Centers -- -- -- C
Light Industrial -- -- -- PM
Warehouse Retail (under 40,000 square feet) -- -- -- P
Warehouse Retail (40,000 square feet and over) -- -- -- C
Recycling facilities
Heavy processing -- -- -- --
Large collection -- -- -- C
Light processing -- -- -- --
Reverse Vending Machine(s) -- -- -- P
Small collection -- -- C P
Research and Development -- M- MG P
Storage—Accessory A A A A
Storage—Personal -- -- -- M
Wholesaling -- -- -- PG
Medical-Related and Care Uses
Day Care,General -- I -- 1 -- I C
Hospitals and Medical Clinics -- I -- I -- I C I
17
Medical and Dental Offices P(UF) P(LIBP(UF) P
(UF)
Recreation and Entertainment
Arcade(Electronic Game Center) M I M I M c
P Permitted by Right
Table 2-10 A Permitted as an Accessory Use
Allowed Uses and Permit C Conditional Use Permit
M Minor Use Permit
Requirements for Downtown Zones Not Allowed
(UF) Upper Floor Permitted.Not Allowed on Ground Floor
Land Use CBD MU DMU CM Specific Use Regulations
Commercial Recreation C C C C
KaraokeM See Subsection 9104.02.190 (Karaoke
and/or sing-along uses M M M
6 and/or Sing-Along Uses)
Health/Fitness Facilities,Small M I M I M I M
Health/Fitness Facilities,Large M(UF) I M(UF)-CIC(UF)1.1R I C
Indoor Entertainment MS MS Mg M
Studios—Art and Music M M M P
Residential Uses
Accessory Dwelling Unit A A A If the site currently has a single-family
dwelling or a multifamily dwelling.
Live/Work Unit M-- M(UF) M(UF) See Subsection 9104.02.210
(Live/work Units)
Multifamily Dwelling M M M -- Permitted only in conjunction with a
Supportive Housing—Housing Type M(UF) M(UF) M(UF) -- commercial use. Residential uses are
permitted above ground floor commercial
Transitional Housing—Housing Type M(UF) M(UF) M(UF) -- or adjacent to a commercial
development.Both uses must be located
on the same lot or on the same project
site.See Section 9102.05.010
No Person shall post, publish,circulate,
broadcast, or maintain any
Short-Term Rental -- -- -- -- advertisement of a Short-Term Rental
in any zone allowing residential uses.
See Section 9104.02.300
No Person shall post, publish, circulate,
broadcast, or maintain any
Home Sharing -- -- -- -- advertisement for Home Sharing in any
zone allowing residential uses. See
Section 9104.02.300
Retail Uses
Alcohol Beverage Sales
Alcohol Sales(off-sale) M M I M I C See Subsection 9104.02.040(Alcoholic
Alcohol Sales(off-sale,accessory M M M M Beverage Sales)
only)
Building Material Sales and Services -- I -- I -- I --
Pawn Shop -- I -- I -- I -- I
Plant Nursery -- I -- I -- I --
Pet Stores,without inclusive of grooming services P I P I P I P I Animal grooming shall be limited to 50%
18
_ _ _ . ..• : _ . ._•. _ .:• ._. M M M R iof the business. No overnight animal
eeping,
Recreational Equipment Rentals P I P I P I P I
Retail Sales P I P I P I P I
Retail Carts and Kiosks—Indoor P I P I P I P I
Retail Carts and Kiosks—Outdoor M M M M I See Subsection 9104.02.110 (Displays
and Retail Activities—Outdoor)
Secondhand Stores -- -- -- M
Swap Meets -- -- -- --
Vehicle Rentals -- I -- I -- I P I
At least 50% of the vehicles sold or
Vehicle Sales—New and/or Used C -- -- C leased from the applicable site during
each calendar year shall be new
automobiles.
Service Uses
Animal Boarding/Kennels -- -- -- C
Animal Grooming M M M MR
Bail Bond Services -- -- -- --
Funeral Homes and Mortuaries -- -- -- --
Hotels and Motels C C C C
Maintenance and Repair Services,Large Appliance -- -- -- P
Maintenance and Repair Services,Small Appliance P P P P
Personal Services,General P P P P
Personal Services,Restricted —C —C —C C
Postal Services P P P P
Printing and Duplicating Services P P P P
Veterinary Services -- -- -- C
Vehicle Repair and Services
Service/Fueling Station C -- -- --
Vehicle Washing/Detailing A -- -- C
Vehicle Repair,Major -- -- -- M
Vehicle Repair,Minor A -- -- P
Transportation,Communication,and Infrastructure Uses
Antennas and Wireless Communication Facilities- P P P P Exception:All facilities are permitted on
Co-location City-owned properties and public
Antennas and Wireless Communication Facilities— rights-of-way. New standalone facilities
Panel P P P P are not permitted in Architectural
Design(D)overlay zones.
Antennas and Wireless Communication Facilities- See Subsection 9104.02.050
Standalone Facility -- -- -- C (Antennas and Wireless
Communication Facilities)
Car sharing parking spaces may not
Car Sharing P P P P occupy any space required for another
use.
Off-Street Parking Facilities(not associated with a C C C C
primary use)
19
Recharging Stations P P P P
P Permitted by Right
Table 2-10 A Permitted as an Accessory Use
Allowed Uses and Permit C Conditional Use Permit
M Minor Use Permit
Requirements for Downtown Zones Not Allowed
(UF) Upper Floor Permitted,Not Allowed on Ground Floor
Land Use CBD MU DMU CM Specific Use Regulations
Subject to Site Plan and Design
Utility Structures and Service Facilities P P P P Review pursuant to Section 9107.19
(Site Plan and Design Review).
Other Uses
Assembly/Meeting Facilities, Public or Private -- -- -- M
Donation Box—Outdoor -- -- -- M
Extended Hours Use M C M C See Subsection 9104.02.150
(Extended Hours Uses)
Places of Religious Assembly - -- -- M
Drive-Through or Drive-Up Facilities C See Subsection 9104.02.130 (Drive
through and Drive-up Facilities)
Reverse Vending Machines—Consumer Goods P P P P Allowed indoors only
Vending Machines P P P P Allowed indoors only
Urban Agriculture A A A A
(1)Accessory dwelling units are subject to the development standards in Subsection 9102.01.080.
Section 9102.07— Special Use Zone (Santa Anita Racetrack)
Subsections:
9102.07.010 Purpose and Intent
9102.07.020 Land Use Regulations and Allowable Uses
9102.07.030 Development Regulations Specific to S-1
9102.07.040 Site Plan and Design Review—S-1
9102.07.050 Other Applicable Regulations
9102.07.010 Purpose and Intent
The Special Use (S-1) zone is intended to provide for the continued operation of the Santa Anita Racetrack and to allow
for horseracing, related activities, and authorized special events. This zone implements the General Plan Horse Racing
designation.
9102.07.020 Land Use Regulations and Allowable Uses
A. Allowed Land Uses. Table 2-12 (Allowed Uses and Permit Requirements for Special Purpose Zones) establishes the
land use regulations for the Special Use zone and any permits required to establish the use, pursuant to Division 7
(Permit Processing Procedures).The regulations for the zone are established by letter designations as follows:
20
"P" represents permitted (allowed)
uses."A"represents accessory uses.
"M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09
(Conditional Use Permits and Minor Use Permits)of this Development Code.
"C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09
(Conditional Use Permits and Minor Use Permits)of this Development Code.
"—"designates uses that are not permitted.
For Temporary Uses,see Subsection 9102.07.020.D(Permitted Uses Exception).
B. Director Determination. Land uses are defined in Division 9(Definitions). In cases where a specific land use or activity
is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land
uses not listed in the table or not found to be substantially similar to the land uses below are prohibited.
C. Specific Use Regulations. Where the last column in Table 2-12 (Allowed Uses and Permit Requirements for Special
Purpose Zones)includes a Section,Subsection,or Division number,the regulations in the referenced Section,Subsection,
or Division shall apply to the use.
P Permitted by Right
Table 2-12 A Permitted as an Accessory Use
Allowed Uses and Permit M Minor Use Permit
Requirements for Special Purpose Zones C Conditional Use Permit
-- Not Allowed
Land Use S-1 Specific Use Regulations
Eating and Drinking Establishments
Shall be located within Grandstand Structure for
non-horse racing activities and not open to the
Bars,Lounges,Nightclubs,and Taverns P public between 1:00 AM and 10:00 AM. See
Subsection 9104.02.040 (Alcoholic Beverage
Sales)
Shall be located within Grandstand Structure for
Restaurant,Large or Small,with or without On-Sale Alcohol P non-horse racing activities. Year-round usage of
the restaurant is permitted.
Events
• . III .
Assembly/Meeting Facilities,Public or Private and Places of P _ •
Religious Assembly
Food and Beverage Events p - - - -• • ••• - - - •• .
Filming Activities P
Non-profit and Public/Quasi Public Events P
Seasonal Sales P
Vehicle Sales,New p •••• -- - -- -• -- ---- ' - •- • •- - :•
Recreation
21
Daytime Sports and Athletic Events(live) P These uses are not allowed within the northerly
Horse Breeding,Training,and Shows P
Ride and Drives P
Subject to performance standards of Subsection
Sporting Event Viewing(not live) P 9102.07.020.F(Allowed Special
Event/Temporary Uses).
Residential
Temporary stays-are ermitted in-caretaker
Caretaker Units P units when associated with horse-racing
activities.
Transportation,Communication,and Infrastructure Uses
Antennas and Wireless Communication Facilities— Co- Exception: All facilities are permitted on City-
location or Panel owned properties and public rights-of-way. New
standalone facilities are not permitted in
Antennas and Wireless Communication Facilities - Architectural Design(D)overlay zones.
Standalone Facility C See also Subsection 9104.02.050 (Antennas
and Wireless Communication Facilities)
Car Sharing P Car sharing parking spaces may not occupy any
space required for another use.
Construction Offices P
P Permitted by Right
Table 2-12 A Permitted as an Accessory Use
Allowed Uses and Permit M Minor Use Permit
Requirements for Special Purpose Zones C Conditional Use Permit
Not Allowed
Land Use S-1 Specific Use Regulations
Recharging Stations P
Off-Street Parking Facilities (not associated with a primary Includes long-term parking and short-term film
use) P crew and base camp parking and other short-
term private/public parking arrangements.
Other Uses
Vending Machines P Allowed indoors only
Reverse Vending Machines—Consumer Goods P Allowed indoors only
D. Permitted Uses Exception. The Director shall review all proposed individual events and activities listed as Permitted
Uses in Subsection 9102.07.020.B (Director Determination). Permitted uses listed in Table 2-12 (Allowed Uses and
Permit Requirements for Special Purpose Zones) that exceed 10,000 people at any given time and/or that the Director
finds to have additional impacts may be subject to a Temporary Use Permit pursuant to Section 9107.23.
E. Allowed Special EventlTemporary Uses
1. Temporary Use Permit Required. Any use not listed as a permitted use in Table 2-12 12(Allowed Uses and Permit
Requirements for Special Purpose Zones) and not held in conjunction with live racing is required to apply for a
Temporary Use Permit subject to the requirements of Section 9107.23(Temporary Use Permits)of this Development
Code.A Temporary Use Permit is not required for any temporary uses,individual events,and activities that are held
within any of the parking lot(s), infield area and/or paddock area during a live racing event
22
2. Types of Events. Temporary Uses allowed in the S-1 zone and subject to a Temporary Use Permit shall include,
but are not limited to the following:
a. Circuses,carnivals,and fixed-run traveling or seasonal shows;
b. Concerts and outdoor entertainment;
c. Cultural,lifestyle,music,and technology festivals;
d. Sporting events and shows;
e. Farmers'Markets,antique shows,and craft fairs;
f. Movie festivals and premiers;
g. Planned helicopter landings and air shows;
h. Parades,cycling and running/walking events;
i. Specialty auto, truck, motorcycle and recreational vehicle shows;
and j. Trade shows and expos.
3. Location. Temporary uses are not permitted within the northerly parking lots,unless otherwise allowed by Temporary
Use Permit.
4. Number of Events. Temporary events on Racetrack properties are limited to two simultaneous events, regardless
of whether the event is listed as a Permitted Use in Table 2-12 (Allowed Uses and Permit Requirements for
Special Purpose Zones) or as an Allowed Special Event/Temporary Use by Subsection 9102.07.020.F.2(Types of
Events),unless all events are less than 5,000 persons and as otherwise approved by the Director.
5. Conditions of Approval and Referral to Council. The Director may place conditions on any use or event, or
may refer any application for such use or event to the City Council for consideration. Conditions of approval may
include,but are not limited to the following:
a. Additional setbacks and buffers;
b. Restrictions on outdoor lighting;
c. Restriction of points of vehicular and/or pedestrian ingress and egress;
d. Regulation of noise,vibration,odors,etc
e. Regulation of the number,height and size of structures,equipment and/or signs;
f. Limitation of the hours and/or days of the proposed use;
g. If special sales are proposed, limitations on the locations where sales may occur, the number of vendors, and
the types of goods sold;and
h. If food sales are located outside,a requirement that all appropriate health department permits have been secured
and are in good standing.
F. Sporting Event Viewing (not live) Performance Standards. The following performance standards shall be applied
to allowable activities using a satellite feed, as identified in Subsection 9102.07.020 (Land Use Regulations and
Allowable Uses).
1. Hours and Number of Persons. No persons, other than employees of the race track, shall be allowed in
the unenclosed areas of the grandstand and race track between the hours of 6:00 pm and 8:00 am, except that
between
6:00 pm and 8:00 am, up to 3,500 patrons of the racetrack may occupy the outside box seat, Club Court, and Turf
Club areas existing at the racetrack as of May 2, 2000, in order to watch and listen to individual televisions located
at tables
therein or to view the big screen monitor in the infield of the racetrack.
2. No Outdoor Sound Amplification. There shall be no outdoor sound amplification or use of outdoor loudspeakers
between the hours of 6:00 p.m.and 8:00 a.m.,unless approved by a Temporary Use Permit.
3. Closed Windows. Windows in the enclosed restaurant located within the grandstand structure shall be closed
between the hours of 6:00 p.m.and 8:00 a.m.
23
4. Parking Fee. There shall be no parking fee for events taking place after 6:00 p.m. The northerly parking lot shall
not be utilized for patron parking.
9102.11.030 DTP - Downtown Parking Overlay Zone
A. Purpose and Intent. The Downtown Parking Overlay Zone,indicated on the Zoning Map as"DTP,"is intended to provide
opportunities for economic development within the Downtown area through shared parking mechanisms and the reduction
in certain parking requirements.
B. Located Onsite. All required surface parking spaces shall be provided in a surface lot or parking garage located on
the same building site or within the same development, except where allowed by Section 9102.11.030.0 (Off-Site
Parking), below.
C. Off-Site Parking. Off-site parking for new uses or new nonresidential construction may be permitted on either a privately
owned property or public property through the Site Plan and Design Review process or other applicable discretionary review
permit process for an individual use or development project,subject to Section 9103.07.090 and the following regulations:
1. Location of Off-Site Parking. An off-site parking facility serving a use within the Downtown Parking Overlay
Zone shall be located within the Downtown Parking Overlay Zone.
2. Irrevocable Access and/or Parking Easement. If parking is provided at an off-site location, an irrevocable access
and/or parking easement shall be obtained on the other site for use and benefit of the site in issue.Such access and/or
parking agreement, when fully exercised, shall not diminish the available parking capacity of the site subject to the
easement to less than required by this Chapter.
D. Change in Use — No additional parking is required when there is a change
in use within the Downtown Parking Overlay Zone.This requirement does not apply to any development that was previously
approved under a Conditional Use Permit or Minor Use Permit If an immediately preceding use did not meet parking
additional-par .
g This does not apply to new development. . .•. • ..• . •• . :••::
.. . •. ... ..-
E. Parking Modifications for New Structures and Expansions. Property owners in the Downtown Parking Overlay
Area may request an Administrative Modification to reduce the required off-street parking requirement, pursuant to
Section 9107.05(Administrative Modifications).
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Division 3:
Regulations Applicable to All Zones — Site Planning and General
Development Standards
9103.01.100 Solar Energy System
A. Purpose and Intent. It is the intent of this section to protect and maintain the importance of solar energy systems in
implementing the environmentally sustainable goals and policies adopted by the City of Arcadia, and to implement all solar
energy system regulations as appropriate per the laws of the State of California.
B. Applicability. The provisions set forth in this section shall not apply to Subsection 9103.01.110(Solar Energy System,Small
Residential Rooftop)as that term is defined in Division 9(Definitions). The provisions applicable Solar Energy System,Small
Residential Rooftop are set forth in Subsection 9103.01.110.
C. Location and Performance Standards. In any single-family,Accessory Dwelling Units(ADU)and multifamily eF-twe-family
(duplex)dwelling,solar energy shall be permitted subject to the provisions set forth below and consistent with Exceptions to
Height Limits in All Zones(Subsection 9103.01.050.C).
1. The City shall not require the approval for any solar energy system permit based on the approval of the system by an
association,as that term is defined in Section 4080 of the Civil Code.
2. Ground-mounted systems and freestanding solar structures shall conform to the setback requirements for any accessory
structure in single-family residential zones and the same as the main structure in multifamily residential zones and shall
be located outside of the front yard area and to minimize their visibility from any public right-of-way.
3. All ground-mounted or freestanding solar structures shall not exceed a height of six(6)feet.
4 Where practical, solar collector panels shall be roof mounted. Solar storage tanks and associated equipment shall be
ground mounted.
5 Roof-mounted collector panels shall be flush mounted at the same or as close as possible to the pitch of the roof, and
where feasible, be placed in the location least visible from public streets without reducing the operating efficiency of the
collectors.
6 Equipment appurtenant to solar collectors, including plumbing,electrical, and related fixtures,shall be installed within a
structure on which the collectors are mounted, and painted to match the roof or building, where feasible, or shall be
screened public view. Ground-mounted appurtenant equipment outside of a building shall comply with applicable
setback requirements.
7 A solar panel or module array shall not exceed the maximum permitted building height as set forth in this Development
Code.
8 Hot water storage tanks shall be located within an enclosed structure. If within the garage area,the storage tank(s)and
other associated equipment shall not encroach into the required parking area.
9 All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and
the City of Arcadia.
10 Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming
pool applications shall be certified by an accredited listing agency,as defined by the California Plumbing and Mechanical
Code.
11 Solar energy systems for producing electricity shall meet all applicable safety and performance standards established
by the California Electrical Code,the Institute of Electrical and Electronics Engineers,and accredited testing laboratories
25
such as Underwriters Laboratories and,where applicable, rules of the Public Utilities Commission regarding safety and
reliability.
D. Grounds for Site Plan Review.Certain solar energy systems,due to their specific placement or orientation on a building or
lot,may have a specific,adverse impact upon public health and safety. If the Director makes a finding, based on substantial
written evidence,that a solar energy system could have specific,adverse impact upon the public health and safety,the solar
energy system shall require the approval of Minor Use Permit pursuant to the requirements of Section 9107.09(Conditional
Use Permits and Minor Use Permits)of this Development Code."Specific,adverse impact"means a significant,quantifiable,
direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
9103.01.110 Solar Energy System, Small Residential Rooftop
A. Purpose and Intent. It is the intent of this Section to protect and maintain the importance of solar energy systems in
implementing the environmentally sustainable goals and policies adopted by the City of Arcadia, and to implement all solar
energy system regulations as appropriate per the laws of the State of California. Further, it is the purpose of this Section to
create an expedited, streamlined permitting process for small residential rooftops solar energy systems, in accordance with
California Civil Code Section 714 and California Government Section 65850.5 It is also the purpose of this Section to promote
and encourage the use of small residential rooftop solar energy systems and to limit obstacles to their use, in accordance
with the standards adopted by the City pursuant to this Section and State law, while allowing the City to protect the public
health and safety.
B. State Law.Where the provisions of this Section conflict with an applicable State law or regulation,such State Law or regulation
shall govern.
C. Location. In any may, or -(duplex) residential dwelling, solar energy systems, as defined in Division 9
(Definitions),shall be permitted subject to the provisions set forth below.
D. Applicability. This Section applies to the permitting of all small residential rooftop solar energy systems,as defined herein,
in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this
Section are not subject to these requirements unless physical modification or alteration are undertaken that materially change
the size, type, or components of a small rooftop solar energy system in such a way as to require new permitting. Routine
operation and maintenance or like-kind replacements shall not require a permit.
E. Duty of City to Create and Publish Application and Requirements.A checklist of requirements, documents required for
an application, and the application required for small residential rooftop solar energy systems shall be made available to the
public during regular business hours within Arcadia City Hall where permitting for solar energy systems is processed,and via
other methods determined by the Director. The Director may from time to time revise the checklist of requirements required
for an application,documents required for an application and the required applications as long as any revisions are consistent
with the most recently adopted resolution of the City Council, and are consistent with Section 65850.5 of the Government
Code. Systems shall meet applicable health and safety standards and requirements imposed by State and local permitting
authorities,consistent with Section 65850.5 of the Government Code.
F. Review. Review of the application to install a small residential rooftop solar energy system shall be limited to an expedited
administrative,nondiscretionary review by the Community Development Department.Review of the application shall be limited
to the Building Official's review of whether the application meets local,State,and federal health and safety requirements.The
application shall be exempt from Section 9107.19(Site Plan and Design Review).
G. Inspection. Only one inspection shall be required and performed by the-Building Division Department for small residential
rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should
include consolidated inspections. If a small residential rooftop solar energy system fails inspection, a subsequent inspection
is authorized.
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9103.01.0130 Trash Enclosures
A. Purpose and Applicability. This Section establishes standards for the location, development, and operations of trash
enclosures to ensure that the storage of trash and recyclable materials do not have significant adverse health consequences
and minimize adverse impacts on surrounding properties. The provisions in this Section shall apply to trash enclosures that
are not subject to the Hazardous Materials and Recycling Facilities regulations of Division 3.
B. When Required. All new and expanded commercial and industrial projects with a floor area exceeding 500 square feet,all
intensifications of commercial and industrial uses, all new multifamily residential projects located in any zone,all new mixed-
use development projects shall be required to provide and maintain at least one trash enclosure. Trash enclosures may be
located indoors or outdoors to meet the requirements of this Section. Outdoor trash enclosures shall require review and
approval of Site Plan and Design Review pursuant Section 9107.19(Site Plan and Design Review)of this Development Code.
C. Number Required;General Standards
1. Trash, recyclables, and other refuse materials that are temporarily stored outside a building shall be located within a
trash enclosure that enables convenient collection and loading.
2. The minimum size of a trash enclosure shall be nine feet wide by six feet deep by six feet high.
3. A one(1)foot interior clearance shall be provided between the bin and/or carts and the trash enclosure wall.
4. All development projects with five or more dwelling units shall provide at least one trash enclosure. If a project contains
10 dwelling units or more, at least two trash enclosures or a larger trash enclosure shall be provided, the location and
size of which shall be subject to the review and approval of the Director.
5. All commercial development with more than one tenant, all industrial developments, and all other non-residential
developments shall contain at least one trash enclosure.
D. Location
1. Outdoor trash enclosures required under this Section for residential projects shall not be located within any front yard or
street-facing yard area.
2. No outdoor trash enclosures shall be located within any required landscaped areas, required off-street parking spaces,
public rights-of-way,or in any location where it would obstruct pedestrian walkways,vehicular ingress and egress,reduce
motor vehicle sightline,or in any way create a hazard to health and safety as required by the California Building Code.
E. Maintenance.Outdoor trash enclosures required shall be maintained in the following manner:
1. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti,
pests,and vermin
2. Trash enclosure covers shall be closed when not in use.
3. Trash enclosures shall be easily accessible for garbage collection.
4. Trash enclosures shall be regularly emptied of garbage.
5. Outdoor trash enclosures shall be locked and/or sealed at the end of business day.
F. Design of Enclosure Area
1. Each trash enclosure shall on three sides consist of minimum six-foot-high,fully grouted,decorative masonry walls,with
the fourth side consisting of a solid metal gate with latch,painted a color that is compatible with the enclosure walls.The
27
exterior wall shall be of a material and colors that complement the architecture of the buildings they serve or shall have
exterior landscape planting that screens the walls.
2. The interior dimensions of the trash,recyclable, and refuse enclosure shall provide convenient and secure access to the
containers to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons
access for disposal and collection of materials.
3. All trash enclosures shall have full roofs to reduce storm water pollution and to screen unsightly views.The design of the
roof and the materials used shall be compatible with the onsite architecture, with adequate height clearance to enable
ready access to any containers.
G. Modification.Request of relief from the requirements of this section shall be processed via the Modification process defined
in Section 9107.05(Administrative Modifications)of this Development Code.
Section 9103.03 Canopy Structures
Subsections:
9103.03.010 Canopy Structures in Residential Zones
9103.03.020 Canopy Structures in All Other Zones
9103.03.030 Repair and Maintenance
9103.03.030 Canopy Structures in Residential Zones
The following regulations shall apply to canopies and canopy structures, as defined in Division 9 (Definitions), in all residential
zones.
A. Permanent Canopy Structures.Permanent canopy structures are prohibited.
B. Decorative Awnings. Decorative awnings constructed as a component or feature of an overall architectural design are
allowed as architectural projections, subject to the provisions of Section 9102.01.050(Permitted Projections in Single-Family
Residential Zones)and Section 9102.01.110(Permitted Projections in Multifamily Zones).
C. Temporary Tents and Canopies.Temporary tent and canopies of any size may be erected in any location with the exception
of the front setback and/or street side setback areas for a period that is not in excess of three days.
9103.03.020 Canopy Structures in All Other Zones
The following regulations shall apply to canopies and canopy structures in all other zones.
A. Permanent Canopy Structures. Permanent canopy structures shall be permitted in the rear yard only, subject to issuance
of a Site Plan and Design Review Minor Use Permit pursuant to Soction 9107.09(Conditional Uso Permits and Minor UGC
Permits}.
B. Decorative Awnings. Decorative awnings constructed as a component or feature of an overall architectural design are
allowed as architectural projections, subject to Section 9107.19(Site Plan and Design Review). Awnings that project over a
public right-of-way shall also be subject to approval by the City Engineer.
C. Temporary Tents and Canopies. Temporary canopies and canopy structures, of any size, may be erected in any non-
residential zone in any location on a lot subject to the issuance of a Temporary Use Permit pursuant to Section 9107.23
(Temporary Use Permits). All such canopies must be secured in a manner to prevent wind from dislocating them.
28
9103.07.050 Off-Street Parking for Residential Uses
A. Number Required. Unless off-street parking reductions are allowed in compliance with provisions identified, off-street
parking spaces shall be provided in compliance with Table 3-3 (Off-Street Parking Requirements: Residential Uses).
These standards shall be considered the minimum required to preserve the public health, safety, and welfare of the
community.An increase or decrease in the parking requirements may be determined by the Review Authority in particular
circumstances where these requirements are inadequate for a specific project.These cases shall be determined through
a parking study as outlined in this Division.
B. Off-Street Parking Requirement Calculations.Table 3-3(Off-Street Parking Requirements:Residential Uses)
establishes the off-street parking requirements for number of spaces. Except as otherwise specifically stated,the
following rules apply:
1. "Square feet"or"sf shall mean"square feet of floor area"and refer to floor area as defined in Division 9(Definitions),
unless otherwise specified.
2. Any fractional parking space greater than or equal to one-half shall be rounded to the next whole number. If the
fraction is less than 0.49 of a space,the total number of spaces shall be rounded down to the nearest whole number.
C. Off-Street Residential Parking Requirements for Residential Uses
1. Uses Not Listed.The number of parking spaces required for land uses not specifically listed shall be determined by
the Director based on common functional, product, or compatibility characteristics and activities.The determination
is considered a formal interpretation of the Development Code and shall be decided and recorded accordingly.The
interpretations shall have the same force of law as the provisions of this Section. Any inclusion of land uses in this
Section shall be defined and included in Division 9(Definitions), and shall be included in the land uses in Division 2
(Zones,Allowable Uses,and Development Standards).
Table 3-3
Off-Street Parking Requirements:
Residential Uses
Land Use Minimum Parking Spaces Required
Single-Family Dwellings(Attached and Detached)and • 2 spaces per dwelling unit in a garage for units less than 5,000
Two-Family Dwellings square feet in size with up to 4 bedrooms
• 3 spaces per dwelling unit in a garage for units 5,001 square
feet or more in size and/or with 5 or more bedrooms(1)
Accessory Dwelling Unit Refer to Section 9102.01.080
Multifamily Dwellings For the R-2, R-3 and R-3-R Zones:
• 2 covered spaces per unit,plus guest parking as follows:
• 1 guest parking space for every per-easb 2 units
Mixed Use Units • 1 space per studio unit
• 1.5 spaces per unit
• 1 guest space for every 3 units
Live/Work Units 1 space per unit and 1 space per 1,000 square feet of nonresidential
floor area
Senior Housing(when restricted to age 62 and older) For senior affordable apartment housing: 1 space per unit,and 1
guest space for every 4 units for assisted living facilities: 1.5 spaces
per unit
For senior market rate housing:2 spaces per unit
Notes:
29
(1) A tandem parking space may be allowed to satisfy the third required,or any non-required,parking space,subject to Design Review
approval.
(2) Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:
a. The accessory dwelling unit is located within one-half mile of public transit
b. The accessory dwelling unit is located within an architecturally and historically significant historic district
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit
e. When there is a car sharing vehicle located within one block of the accessory dwelling unit
2. Residential Use:When Required Covered or Garage Parking Cannot Be Provided.Apart from the requirements for
parking in a garage contained in Table 3-3(Off-Street Parking Requirements: Residential Uses)for residential uses,
wherever required covered or garage parking cannot be provided due to physical limitations on a property,an alternative
parking arrangement for the remaining required parking can be arranged by the approval of an Administrative
Modification subject to the requirements of Section 9107.05(Administrative Modifications).
D. Parking Location
1. Parking spaces shall be designed,constructed,and maintained in a manner that does not preclude direct and free access
to stairways,walkways,elevators,any pedestrian way,and fire safety equipment.
2. Vehicle parking(and access thereto)shall be provided on a permanently paved surface.
3. When required off-street parking spaces are provided on a separate lot from the building or land use, Subsection
9103.07.090(Shared/Joint Use and Off-site Parking)shall apply.
Figure 3-14
Single-Family Parking Location Requirements
Property Line ---•
j Garage i'
;� d Residential �
�9 Structure i
l Allowed
Vehicle
l Parking
Parking Prohibited: -I •
Required Landscaped — • ' Paved
Area ' Driveway
Parking Prohibited:-
r S' -wak
Corner Cutback Area . 'ANNA
Street
30
D. Residential Parking Location—Specific Requirements
1. R-M Zone
a. A garage or carport opening directly upon a side street shall be located not less than 20 feet from the street side lot
line.
2. R-0 and R-1 Zones
a. Required parking spaces shall be provided on the same site as the main building in an enclosed garage. Each
parking space provided beyond the minimum required shall also be within an enclosed garage.
b. Each required parking space shall be in a garage located behind the required front setback and shall be served by
a driveway no less than nine feet in width,except as a specified in Section 9103.07.050.D.
c. Only one driveway shall lead to an enclosed garage,unless it is a circular driveway.
d. Below grade or subterranean parking spaces shall not be allowed unless an Administrative Modification is granted
pursuant to Section 9107.05(Administrative Modifications). Not more than one story below grade shall be allowed.
e On lots less than 100 feet in width,no more than a two-car garage shall be allowed
facing the front and/or street-side setback areas shall—be—allowed.On lots 100 feet or greater in width,no more than
a three-car garage shall allowed 24-linear--feet ef-garage-epenings facing the front and/or street-side setback areas
shall be allowed.
f An enclosed two-car garage shall have a minimum opening of 16 linear feet, and an enclosed three-car garage
shall have a minimum opening of 24 linear feet
3. R-2,R-3,and R-3-R
a For enclosed garages, the minimum garage opening is 16 linear feet.
E. Standard Residential Parking Stall Dimensions. Required parking stalls, including guest parking spaces, within all
residential zones shall meet the dimension requirements set forth in Table 3-4 (Parking Space Dimensions-Residential
Zones). Dimensions shall be measured from interior building wall.
Table 3-4
Parking Space Dimensions-Residential Zones
Size of Parking Stall(minimum)
When Adjacent to Wall
Zone Width(General) or Structure Length
R-M, R-O,and R-1 10 ft 11 ft,6 in 20 ft
R-2,R-3,and R-3-R 109 ft 11 ft,6 in 20 49 ft
F. Residential Driveways
1. Paving.All parking areas and driveways shall be paved with cement concrete. Other paving materials, including brick
may be substituted with review and approval by the Director of a Site Plan and Design Review pursuant to the
requirements of Section 9107.19(Site Plan and Design Review).
31
2. Width.The maximum width of driveways within residential zones shall be 20 feet for single-family zones and 25 feet for
multifamily zones. The maximum width for all single-family and multi-family residential common driveways shall not
exceed 30 feet.
3. Does Not Fulfill Parking Requirement. No portion of any required driveway shall be used to fulfill any parking space
requirements,except as specified in Section 9103.07.050.D
4. R-M, R-0 and R-1 Zones
a. Only one driveway shall be allowed for each residential lot. The number may be increased to two for an approved
circular driveway pursuant to Section 9103.07.050.H (Circular Driveways for Residential Zones).
b. A driveway shall not be less than nine feet in width.
c. Pedestrian walkways and driveways shall occupy no more than 40 percent of the required front setback or street
side setback.
a. Driveways shall have at least 10 feet of unobstructed vertical clearance.
b. Driveway slope shall not exceed 10 percent.
5. R-2, R-3 and R-3-R Zones
a. Each driveway to a parking space shall be at least 10 feet wide.
b. Every driveway serving as access to more than 12 required parking spaces or which is more than 125 feet long
shall have a minimum width of 18 feet.Two 10-foot wide driveways may be provided in lieu of one 18-foot driveway.
c. Each driveway adjacent to a garage or parking space shall have a minimum width of 25 feet.
d. "Guest Parking Only" signs with letters not less than two inches in height shall be properly located to designate
guest parking spaces.
e. Common/shared driveways shall be allowed, provided the owners of the lots show proof of a recorded easement or
other legal instruments authorizing the use of a shared driveway arrangement and further provided that a covenant,
in recordable form by its terms to be for the benefit of, enforceable by, and to be released only by the City, is
executed by the owners of all property affected. The covenant shall state that the common/shared driveway shall
be usable by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this
instrument shall be completed before the issuance of a Building Permit.
f. Eaves and bay windows which are at least 43 feet above the pavement may overhang any driveway by a distance
of not more than three feet.
H.Circular Driveways for Residential Zones
1. Lots with street frontage of 100 feet or greater are eligible for circular driveways.
2. On lots with more than one street frontage, a circular driveway shall be located on the street frontage that is 100 feet or
greater; provided, however,that not more than one circular driveway shall be allowed for any one lot.
3. The circular driveway shall not be less than nine feet in width and shall not have a width greater than 15 feet.
4. The inside edge of the circular driveway shall be located a minimum distance of 25 fe from the property line at the
street right-of-way.
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I. Tandem Parking Spaces.Tandem parking spaces may be allowed in residential and mixed-use zones in compliance with the
following requirements, and subject to Site Plan and Design Review pursuant to Section 9107.19 (Site Plan and Design
Review).
1. For multifamily development projects, tandem spaces shall not constitute more than 20 percent of all required spaces
and shall not be permitted to meet guest parking requirements.
2. For single-family units,tandem parking may be provided within a garage,provided that such garage has an interior space
measuring at least 20 feet by 20 feet adjacent to the garage door and at least one required parking space shall be in a
regular(non-tandem)format.
3. The size of the tandem parking space shall be 1044 feet by 19 feet, 6 inches and shall allow adequate maneuvering
room for both vehicles and pedestrians around the tandem spaces.
9103.07.060 Off-Street Parking for Non-Residential Uses
Amended by Ord. No. 2347
A. Number Required.Unless off-street parking reductions are allowed in compliance with provisions identified,off-street parking
spaces shall be provided in compliance with Tables 3-5 through 3-8 (Off-Street Parking Requirements:). These standards
shall be considered the minimum required to preserve the public health,safety,and welfare of the community.An increase or
decrease in the parking requirements may be determined by the Review Authority in particular circumstances where these
requirements are inadequate for a specific project. These cases shall be determined through a parking study as outlined in
this Division.
B. Off-Street Parking Requirement Calculations. Tables 3-5 through 3-8 establish the off-street parking requirements for
number of spaces. Except as otherwise specifically stated,the following rules apply to Tables 3-5 through 3-8:
1. "Square feet"or"sf shall mean"square feet of floor area"and refer to floor area as defined in Division 9(Definitions),
unless otherwise specified.
2. Any fractional parking space greater than or equal to one-half shall be rounded to the next whole number. If the fraction
is less than 0.49 of a space,the total number of spaces shall be rounded down to the nearest whole number.
C. Off-Street Parking Requirements for Non-Residential Uses.
The following minimum number of off-street parking spaces shall be provided as indicated in Tables 3-5 through 3-8 and shall
be maintained for each of the following uses. Temporary reductions may be allowed by the Business License office for parking
lot sales and for promotional entertainment events.
Table 3-5
Off-Street Parking Requirements: Hospitality and Retail Uses
Land Use Minimum Parking Spaces Required
Hotels/Motels 1.2 space per guest room
Allowed uses within this parking ratio include banquet hall,or
assembly places such as conference center are included,spas,and
breakfast lounges serving only hotel guests.For restaurants,see
Restaurant,within Hotel or Motel Structure
Retail Sales-General 1 space per 200 sf
Retail Sales-Multi-tenant Shopping Center 1 space per 200 sf or as established by a parking study,see
Subsection 9103.07.060.E(Parking Requirement Determined By
Parking Study).
33
Regional Shopping Centers 4.75 spaces per 1,000 sf of gross leasable area
Swap Meet-Indoor 1 space per 200 sf plus 1 space per vendor
Table 3-6
Off-Street Parking Requirements:
Office, Entertainment Services, Care Services, Eating and Drinking Establishment, and
Vehicle Service Uses
Land Use Parking Spaces Required
Business,Financial,and Professional
Financial Institutions and Related Services 1 space per 250 sf
Offices-Professional 1 space per 250 sf
Care Uses
Emergency Shelters 1 space per 1,000 sf
Day Care and/or preschool facilities 1 space per employee plus 1 space per 5 children or 1 space per 10
children if adequate drop-off area provided
Residential Care Facility 1 space per 3 licensed beds
Eating and Drinking Establishments
Bars, Lounges, Nightclubs, and Taverns 1 space per 100 sf
Restaurant, Small 1 space per 200 sf
Restaurant, Large 1 space per 100 sf
Restaurant,within Hotel or Motel Structure 1 space per 200 sf
Outdoor Dining—Incidental and Outdoor Dining on Public No additional parking required
Property with 12 seats or less or a number of outdoor seats
equivalent to twenty-five(25%) percent of the number of indoor
seats,whichever is greater
Outdoor Dining—Incidental and Outdoor Dining on Public 1 space per 6 seats
Property with more than 12 seats or a number of outdoor seats
equivalent to twenty-five(25%)percent of the number of indoor
seats,whichever is greater
I Mlle 3V
Off-Street Parking Requirements:
Office, Entertainment Services, Care Services, Eating and Drinking Establishment, and
Vehicle Service Uses
Land Use Parking Spaces Required
Entertainment
Arcade 1 space per every 2 machines
Karaoke 1 space per 100 sf
Medical-Related Services
Hospitals As determined by Conditional Use Permit, Specific Plan,or other
special discretionary process
Medical and Dental Offices 6`:spaces per 1,000 sf
Medical and Dental Offices larger than 10,000 sf 1 space per 200 sf
Service and Studio Uses—General
Personal Services, General and Restricted 1 space per 200 sf
34
Studio—Art, Music,etc. 1 space per 100 sf of instructional area
Vehicle Service Uses
Car Sharing 1 space per car available
Service/Fueling Station 1 space per 200 sf of office or service area plus 1 space per service
bay,plus any required for ancillary use
Vehicle Repair 2 spaces per service bay
Vehicle Washing/Detailing 1 space per employee on largest shift, plus adequate stacking area
as determined by Conditional Use Permit
Table 3.7
Off-Street Parking Requirements:
Recreation, Education,and Public Assembly Uses
Land Use Parking Spaces Required
Health Clubs, Fitness Centers,and Indoor Athletic Facilities up 1 space per 100 sf in all workout and instructional areas
to 3,000 sf
Health Clubs, Fitness Centers,and Indoor Athletic Facilities Required parking spaces to be determined through an approved
greater than 3,000 sf of gross floor area Conditional Use Permit
Live entertainment theaters-movie or live performance 1 space per 3 fixed seats
Public/Private Assembly: places of worship,recreation 1 space per 5 fixed seats; 1 space per 35 sf of floor area where no
community structures, private clubs fixed seating; 1 space per 28 linear feet of bench/pew area
Trade Schools,Tutorial Schools, Learning Centers, Private Facilities for students under high school age: 1 space per employee,
Schools plus 1 space for every 5 students
Trade schools/private schools, learning centers for students of high
school age or older: 1 space per employee plus 1 space for every 3
students
See Subsection 9103.07.060.G(Pick-up and Drop-off Area for
Educational Uses)
Table 3-8
Off-Street Parking Requirements:
Industry, Manufacturing, and Warehouse Uses
Land Use Parking Spaces Required
Manufacturing and General Industrial Uses 1 space per 333 sf for projects up to 10,000 sf
1 space per 1,000 sf for projects over 10,000 sf
For office area within a manufacturing and industrial
building:
• 1 space per 500 sf for the first 25%of the office area
• 1 space per 250 sf for the office area in excess of the
first 25%
Warehousing-a4aGI Fulfillment Centers 1 space per 1,000 sf of warehouse space,plus 1 space per
350 sf of office space
Table 3-9
Off-Street Parking Requirements: Other Uses
Land Use Minimum Parking Spaces Required
35
Other Permitted Uses 5 spaces per 1,000 sf or based on the parking standard of a similar
land use as determined by the Director.
D. Parking Reduction Near Light-Rail Station.A 25 percent reduction will be applied to the off-street parking requirement for
any commercial use that is located within 1,320 feet(1/4 mile)of a light rail station.
E. Parking Requirement Determined by Parking Study. Off-site parking spaces may be relied upon to serve commercial
uses, provided a shared-parking study is completed by the applicant/developer and approved by the Director. In the event
the proposed land use is for a multi-tenant and/or mixed use development or involves a Specific Plan or Planned Development
Permit,the Director may also authorize the preparation of a parking study to determine the required number of parking spaces
as an alternative to the number of off-street parking as outlined in Tables 3-5 through 3-8(Off-Street Parking Requirement)
and other applicable provisions of this Section,subject to the following conditions:
1. Off-street parking standards determined by a parking study shall be approved,modified,and/or denied in accordance to
the use classification and/or required planning permit for the proposed use. If there are no planning permits required for
the proposed use but the Director has determined a parking study is required,then the review and approval of parking
study shall be processed pursuant to the requirements of Section 9107.05(Administrative Modification).
2. The City shall maintain the right to select a consultant,which will be paid for by the applicant.
3. The study shall have been undertaken and completed by a traffic engineer registered by the State of California and shall
bear the stamp of that engineer.
4. If the required parking is determined by such a parking study, future modification or improvement to the parking area
which impacts the parking space layout,configuration,and/or number of stalls or if any such building or structure in the
project is enlarged or increased in capacity by floor area or seats,or at such time that a usage requiring a higher number
of parking spaces than an existing or previous use is applied, a new parking study pursuant to this Section shall be
provided showing that the existing and/or proposed parking is adequate for such expansion and/or increased usage.
Alternative to a revised parking study,at the time of such expansion or increased usage,the applicant may comply with
all provisions of this Section in effect at the time of the application.
F. Multiple Tenants. Except as otherwise provided in this Section, for each separate use, a site with multi-tenants, or a
combination of principal uses in any one facility, the development shall provide the aggregate number of parking spaces
required for each separate use unless a parking study has been prepared and approved in compliance with this Chapter or
except as provided for in Subsection 9103.07.090(Shared/Joint Use and Off-site Parking).
G. Parking Plan at a Commercial Center. A Parking Plan with an associated Parking and/or Traffic Study may replace the
required parking for each land use on a property that has multiple uses at a commercial center. The Plan must provide
justification for a specific parking rate and format, subject to review and approval of the Review Authority pursuant to the
requirements of Section 9107.05(Modification).
H. Pick-up and Drop-off Area for Educational Uses. Educational uses that serve children shall be required to submit a parking
plan that indicates the location of pick-up and drop-off area (separate from the driveway aisle) subject to the review and
approval of the Review Authority pursuant to the requirements of Section 9107.19(Site Plan and Design Review).
I. Parking Location:All Non-Residential Uses
1. Parking spaces shall be designed,constructed,and maintained in a manner that does not preclude direct and free access
to stairways,walkways,elevators,any pedestrian way,and fire safety equipment.
2. Vehicle parking(and access thereto)shall be provided on a permanently paved surface.
3. When required off-street parking spaces are provided on a separate lot from the building or land use, there shall be
recorded in the office of the County Recorder against the lot on which such parking spaces are provided,a covenant in
36
the form approved by the City Attorney that the owner of such lot will continue to maintain such parking spaces as long
as the use in the building or the land use requiring such parking is maintained.
J. Parking Location:Commercial,Mixed Use,and Industrial Zones. Required parking spaces shall be located either on the
same lot or site as the uses served or within 250 feet of the uses served,unless otherwise allowed pursuant to Subsection
9102.11.030(Downtown Parking Overlay Zone).
Table 3-910
Standard Vehicle Space Requirements—Commercial, Industrial, and Mixed Use Zones
Aisle Width
Parking Stall Angle Stall Width(1) Stall Length One-Way Two-Way
Standard Parallel 10 ft 24 ft 14 ft 20 ft
30-Degree 9 ft 20 ft 16 ft 20 ft
45-Degree 9 ft 20 ft 16 ft 20 ft
60-Degree 9 ft 20 ft 20 ft 20 ft
65-Degree 9ft 20 ft 19 ft 19 ft
90-Degree 9 ft 18 ftf2 25 ft 25 ft
Notes:
(1) Minimum stall width for stalls adjacent to a wall shall be 11 feet,six inches.
.. - - - 1-!!
K. Parking Location: Commercial—Adult Businesses. Parking for adult businesses shall be located with 495 feet of the use
that the parking spaces serve.
L. Parking Stall and Drive Aisle Size:Commercial,Mixed Use,and Industrial Zones
1. Commercial,Industrial,and Mixed Use Zones. Drive aisles and parking spaces in a parking lot or parking structure
commercial-zenes shall have the minimum dimensions listed in Table 3-109(Standard Vehicle Space Requirements-
Commercial, Industrial,and Mixed Use Zones).
Figure 3.15
Parking Stall Standards
4"Stripe
_.- A
n
II II
4 ' > bo 0
II
i ,
5
8'-0
111111
PP
V
37
M.Driveways
1. The maximum width for driveways in commercial,mixed use,and industrial zones shall be 35 feet.
a. All driveways shall have a minimum vertical clearance of 14 feet six five inches.
2. A driveway for one-way circulation shall have a minimum width of 12 feet six inches.A driveway for two-way circulation
shall have a minimum of 25 feet.
3. No driveway shall be situated so as to create a blind intersection that would hinder public safety.
N.Circulation. No parking space backup area shall occur in the first 20 feet from the street right-of-way and a parking lot entrance
or exit.
0.Marking and Signs
1. Each parking space shall be identified by four-inch-wide stripes of paint,or other durable striping material approved by
the Director.All parking stalls shall be clearly outlined with double stripes to provide a parking stall with a area-of at least
seven-feet-in-width nine foot width,measured to the center of the lines.
2. Drive aisles,approach lanes,and maneuvering areas shall be marked and maintained with directional arrows and striping
to expedite traffic movement.Any area not intended for parking shall be signed,or in areas where curb exists,the curb
may be painted red in lieu of signs.
3. The City Engineer may require the installation of the traffic signs in addition to directional arrows to ensure the safe and
efficient flow of vehicles in a parking facility.
4. Compact and carpool spaces, where allowed, shall be clearly identified for compact vehicle and carpool usage,
respectively.
5. Disabled parking spaces shall be striped and marked according to the applicable state standards.
P. Parking Lot Lighting
1. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets.
2. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and
eliminate spillover of light and glare onto adjoining properties. To accomplish this, a greater number of shorter light
standards may be required as opposed to a lesser number of taller standards.
3. Light standards shall be a maximum of 20 feet in height. The height of the light standard shall be measured from the
elevation of the adjacent pavement of the parking lot. When the subject property abuts a residentially zoned property or
is within 100 feet of residentially zoned property,light standards within 100 feet of the property shall not exceed 15 feet
in height.
4. Parking lots, driveways, pedestrian walkways, and building entrances/exits shall be illuminated for security and safety
purposes during business hours of operation.
Q. Wheel Stops or Planter Curbs. Wheel stops or a planter curb shall be provided for each parking space adjacent to and facing
a wall, building, walkway, utility cabinet, or structure. The wheel stops or planter curbs shall be set a minimum of 36 inches
from the forward end of the parking stall and shall be six inches high and made of concrete or other durable material subject
to the approval of the Director. If a planter curb is used in lieu of a wheel stop, the planted area contained in the required
parking space shall not be considered as part of any required dimensions of landscape buffers and shall not be included in the
percentage of the parking area required to be landscaped.
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9103.07.070 Mixed-Use (Nonresidential and Residential Combined) Parking Standards
A. Mixed-Use with Residential. This subsection applies to mixed-use developments as defined in Division 9(Definitions) and
where allowed by Division 2(Zones,Allowable Uses,and Development Standards).
1. The number of parking stalls provided shall be as outlined in Tables 3-3,3-5, 3-6,3-7,and 3-8.
2. Pay- - .. • -.- - :!.. :! -!"••: e. .No more than 50 percent of the
required guest parking spaces for the residential units may be shared with the required commercial parking spaces
3. The parking for the residential use required to be in a fully enclosed garage in compliance with Table 3-3 may be provided
within an underground or aboveground parking structure rather than a garage.
4. With the exception of the guest parking, parking for the residential uses shall be provided and maintained separate and
secure from the on-site public parking.
5. A 25 percent reduction may be applied to the project for all commercial uses if the parking area is located within 1,320
feet of a light rail station.
9103.07.80 Parking Area Design Standards Applicable to All Zones
B.General Requirements
1. All required off-street parking areas shall be paved. Paving materials, methods, soils compaction, and base materials
shall be shown on building plans prepared by a State licensed architect,civil engineer or structural engineer.
2. All required parking spaces shall have adequate individual access and safe ingress and egress.
3. No parking space shall be arranged in a manner that requires the moving of any other vehicle on the premises in order
to enter or leave any other parking space,other than as permitted by Section 9103.07.050.1 (Tandem Parking Spaces).
This provision shall not apply at such times as attendant parking is provided.
4. When determined necessary by the Director, painted directional signs shall be provided in each aisle or driveway.
5. No parking space backup area shall occur in the first 20 feet from the street right-of-way,parking lot entrance,or parking
lot exit.
6. No driveway shall be constructed within three feet of any fire hydrant,ornamental light standards, telephone or electric
pole, meter box or underground vault,or manhole.
7. All driveways and drive approaches within the public right-of-way shall be constructed of standard Portland cement
concrete,six inches thick. No variations in material within the public right-of-way shall be allowed.
a. All required parking facilities shall be permanently maintained, free of litter and debris, potholes, obstructions and
stored material.
b. Each parking space shall have a •••••••.•• - :- . •••: .. .. -•: : - minimum of 25 feet of clear back-out
space.Alternatively, if the site does not have a back-out clearance of 25 feet straight, it may be measured from a
seventy-five (75) degree angle, as measured from the garage door, or opening, in the direction of the back-up
subject to the discretion of the Director.
8. A minimum of distance of 14 feet six inches is required between any driveway openings, unless otherwise specified in
this section. The distance shall be measured from the closest points between any two driveways. Driveway openings
for the purpose of this subsection shall be the first five feet along the length of the driveway measured from the point
where the opening abuts the roadway.
39
Off-Street Parking Standards
(F)
1 1 1 1 JiC
0 �..
O
A
Width
E,
Yi
ij
i 3. .
1
B
D>
Off-Street Parkin A-Angle
g B. Stall Width
C=Stall Length
D- Perpendicular Width
E-Aisle Width
F-Total Width
40
9103.07.110 Parking Structures
A. Parking spaces within a parking lot or structure shall be designed and located so that any required maneuvering into or out
of the space will not interfere with vehicles entering or exiting the parking lot,and so that vehicles can enter an abutting street
in a forward direction. The drive aisles shall be designed so that a vehicle is not required to enter a street to move from one
drive aisle to another.
B. Within a parking structure,piers and pillars shall not encroach within the minimum clearance of required parking stalls.
C. Subterranean parking structures and above-ground parking structures shall have a minimum vertical clearance of eight feet
and six inches
D. Preferential parking spaces reserved for vanpools shall be accessible to vanpool vehicles. When located within a parking
structure, a minimum vertical interior clearance as required by the California Building Code and the subsection above
9103 07 110 C . Each parking space shall be provided for those spaces and access ways to be
used by such vehicles.Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.
E. Above-ground parking structures shall not be subject to the landscaping requirements applicable to parking lots.
9103.07.150 Bicycle Parking Requirements
A. General Provisions. All new development,except that located in the R-M, R-0, and R-1 zones, shall be designed with the
following:
1. Bicycle parking shall be located within 200 feet of a building entrance, not interfere with pedestrian access, and be
located in a visibly secure location adjacent to the building.
2. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels
and the frame of a bicycle with a user-provided six-foot cable and lock.The stationary object may be either a freestanding
rack or a wall-mounted bracket.
3. When bicycle parking areas are not clearly visible to approaching cyclists,signs shall be provided to indicate the locations
of the facilities.
B. Bicycle Parking Requirements.Bicycle parking is required for multifamily development,mixed-use development,public and
civic facilities, private schools, retail commercial, industrial, hospital, and office uses in compliance with Table 3-10(Bicycle
Parking Requirements).Bicycle parking for commercial recreation and entertainment uses shall be as specified by Conditional
Use Permit.
Table 3-110
Bicycle Parking Requirements
Use Number of Spaces Required Dimension(minimum)
Residential: Multifamily 0.2 spaces per unit,with a minimum of 2 spaces 2 feet wide and 6 feet long
Community/Civic Uses: Short Term Parking:5%of the student population at per bicycle plus a 5-foot
Public and civic facilities capacity enrollment,with a minimum of 1 two-bicycle maneuvering space behind
Schools rack. the bicycle rack area
Long Term Parking: Secure bicycle parking for 5%of
employee parking lot capacity.
Non-Residential Uses: Short Term Parking:5%of vehicle parking,with a
Retail,office, industrial,hospital minimum of 1 two-bicycle capacity rack.
Long Term Parking(Structures with 10 or more tenant
vehicular parking spaces): Secure bicycle parking for
5%of spaces,with a minimum of 1 two-bicycle
capacity rack.
41
Note:Secure bicycle parking shall include one of the following:
(1)Covered,lockable enclosures with permanently anchored racks for bicycles;
(2)Lockable bike rooms with permanently anchored racks;or
(3)Lockable,permanently anchored bicycle lockers.
Section 9103.09- Landscaping
Subsections:
9103.09.010 Purpose and Intent
9103.09.020 Applicability
9103.09.030 Landscape Plan Required;What Constitutes Landscape Materials
9103.09.040 Landscape Requirements
9103.09.050 Landscape Irrigation and Maintenance
9103.09.010 Purpose and Intent
The City promotes the value and benefits of landscapes while recognizing the need to conserve water and other resources as
efficiently as possible. This Section establishes minimum landscape standards for all uses in compliance with applicable state
standards and guidelines and to promote sustainable development. The purpose of this Section is to establish a structure for
planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated
projects.
9103.09.020 Applicability
A. General.This Section shall supplement the Water Efficient Landscaping Ordinance(Sections 7554.2-7554.9)and shall be
apply to all of the following landscape projects,as listed in Section 7554.3:
1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building
or landscape permit,plan check,or design review;
2. Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring
a building or landscape permit,plan check,or design review;and
3. Existing landscape areas that are one acre or more for which a water efficient landscape worksheet shall be prepared
according to the specifications for existing landscapes in the Landscape Documentation Package.
Exemptions. The provisions of this Section shall not apply to:
1. Registered local,state or federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation system;
3. Mined-land reclamation projects that do not require a permanent irrigation system;or
4. Botanical gardens and arboretums open to the public.
9103.09.030 Landscape Plan Required;What Constitutes Landscape Materials
A. Plan Check Requirements and Content.A Landscape Documentation Package prepared by a licensed landscape architect
shall be required for all applicable projects as described in the Water Efficient Landscaping Ordinance(see Section 7554.3),
and for any project involving the installation of artificial turf within the front or street side yards.
42
9103.09.040 Landscape Requirements
A. Applicability.The standards in this Section shall apply to residential and non-residential uses.
B. Landscape Requirement for Residential Zones.All areas of a site not devoted to structures,driveways,or walkways shall
be landscaped with lawn,trees, shrubs,or other plant materials, and shall be permanently maintained in a neat and orderly
manner.
1. R-M,R-0 and R-1 Zones
a. Setbasksand setThe front and street-side areas shall be landscaped with lawn, trees, shrubs, or other plant
materials,and shall be permanently maintained in a neat and orderly manner.
b. Hardscape materials,of driveways and pedestrian walkways but not including pavement,concrete,interlock pavers,
and the use of artificial turf, shall not cover more than 40 percent of the required front setback or street side. See
Figure 3-17(Front Setback Area-40% Landscaping Required).
Figure 3-17
Front Setback Area—40% Landscaping Required
Structure
Garage
i !
Front J� $
Setback / a N
/ Area > o
,L Public Street
2. R-M Zone. All cut or fill slopes exceeding six feet six inches in vertical height between two or more contiguous lots shall
be planted with adequate plant material to protect the slope against erosion.The planting shall cover the bank within two
years from the time of planting. The permittee, owner, or developer shall water the planted slopes at sufficient time
intervals to promote growth.
3. R-2 and R-3,and R-3-R Zones.
a Setbacks-end The front/street side setback—areas shall be landscaped with lawn, trees, shrubs, or other plant
materials,and shall be permanently maintained in a neat and orderly manner.
b. Hardscape materials,of driveways and pedestrian walkways but not including pavement,concrete,interlock pavers,
and the use of artificial turf, shall not cover more than 40 percent of the required front setback or street side. See
Figure 3-17(Front Setback Area-40% Landscaping Required).
C. Landscape Requirement for Commercial,Mixed Use,and Industrial Zones
1. Required Areas.All setbacks,parkways,open areas,plazas,paseos,and non-work areas that are visible from a public
street/alley or from a parking lot available to the general public shall be landscaped.
43
2. Landscape Coverage Requirement.Shrubs,groundcover,and other plant material shall cover all areas not occupied
by structures,parking areas,storage,trash enclosures,driveways,and sidewalks at the time of issuance of a Certificate
of Occupancy. Embellished pavement, fountains, and similar hardscape materials may, in part, be substituted for the
required landscaping through the Site Plan and Design Review process.
3. Parkway-adjacent Planting and Maintenance.All landscaped pRarkways areas located between the sidewalk and the
edge of development shall meet the following requirements:
a. The ground surface shall contain low shrubbery,mulch,or ground cover to provide coverage within two years.
b. If a wall or fence separates the development from the street,planting vines or espalier shrubs shall be incorporated
into the planting design.
4. Required Landscaping for Loading Areas.Loading areas shall incorporate landscaping to provide screening if visible
from the public right-of-way,adjacent uses,and pedestrians.
5. Special Requirements for Drive-through Businesses
a. Five-foot-wide raised planters shall be located along the street side property line,except for curb cut openings.
b. Three-foot-wide raised planters shall be located along the walls of the interior property lines to a distance equal to
the front building line. For this purpose,canopies and other such structural appurtenances shall not be considered
the front building line.
c. A minimum of 150 square feet of raised planting area shall be located at the intersection of two property lines at a
street corner.
d. A minimum of 30 square feet of raised planting area shall be located along the building facades fronting on the
street.
e. All planting areas shall be separated from adjacent asphaltic concrete paving by six-inch minimum curb walls.
D. Artificial Turf
1. Locations Permitted
a. Back Yards and Interior Side Setback Areas. Artificial turf is permitted in any zone within any back yard and/or
interior side setback areas.
b. Front and Street-Side Yards.In any zone,a maximum of 15 percent of the yard area within the front or street side
yards may be installed with artificial turf.Artificial turf shall not be installed within 10 feet of a sidewalk or within 20
feet from the curb if there is no sidewalk.
c. Not Permitted in Parkways. Artificial turf is not permitted within any parkway areas.
2. Minimum Standards. To be used in the front or street-side yard, artificial turf must meet minimum standards for
materials,installation,and maintenance.
a. Materials and Style.Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer;
be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable
backing; and, have a minimum blade length (pile height) of 1.5 inches, or as determined by the Director as
manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of
indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited.
Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed
into the fibers of the artificial turf. The style of the fiber, color, and texture shall resemble fescue, rye, and other
common natural grass blades.
44
b. Installation. Artificial turf must be installed per all manufacturer's requirements and must include removal of all
existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic
porous material over compacted and porous crushed rock or other comparable material below the turf surface to
provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or
flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide
complete infiltration of runoff.Artificial turf must be separated from live planting areas by a barrier such as a mow
strip or bender board to prevent mixing of natural plant materials and artificial turf.Artificial turf must be permanently
anchored with nails and glue, and all seams must be nailed,or sewn,and glued,with the grain pointing in a single
direction.
c. Maintenance.Artificial turf must be maintained in a green,fadeless condition;free of weeds, stains, debris,tears,
holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf
surface must be repaired or removed and replaced in a manner that results in consistent appearance with the
existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required.
Vehicle parking on artificial turf is prohibited.
Section 9103.11 - Signs
9103.11.040 Exempt Signs
Amended by Ord. No.2347
The signs listed in this Section are exempt from the permit requirement and do not count toward the total display area limit which
is otherwise applicable.However,the signs described in this Section shall be subject to the applicable safety codes and to all other
applicable laws.Any such exempt sign shall not block or interfere with the visibility triangle.
A. Address Signs. Address signs made up of numbers and/or letters 12 inches high or less.
B. Flags. Flags of any nation,state,or city when displayed in compliance with the Flag Code(36 USC, Section 173 et seq.).
C. Names of Buildings, Commemorative Tables, and the Like (with Limitations). Names of buildings, commemorative
tables, and the like when carved into stone, set in concrete or similar material, or constructed out of bronze, aluminum, or
other permanent material.
D. Public Notices and Warnings. Signs displayed by a public body or officer in the performance of a public duty or by any
person pursuant to a governmental requirement or legal duty of function. This section applies to and includes signs whose
function is to provide legal notice or functional information such as traffic signs, public transit signs, utility company signs,
public restroom signs,warning signs,and signs placed by a public agency for the purpose of guiding persons to emergency
centers and places of public interest.
E. Public Signs within a Right-of-way
1. Public signs posted by or for government agencies that provide public information, identify public property, post legal
notices,or direct or regulate traffic of any kind.
2. Bus or train stop signs posted by public transit agencies.
3. Public utility signs that convey information about its lines,pipes,poles,or other facilities.
4. Emergency warning signs posted by a governmental agency, public utility, or contractor doing authorized work in the
public right-of-way.
F. Security and Warning Signs. Signs established for the sole purpose of alerting the public of the presence of security
personnel,cameras,or other control on a site,provided that any individual sign is not more one foot by foot in size.
45
G. Signs Advertising Properties for Sale or Lease
1. Only one sign advertising properties for sale or lease shall be allowed per property per street frontage. Signs shall be limited to a total height of six feet,with a maximum
face area size of few six square feet in residential zones and 24 square feet in non-residential zones. For new commercial and industrial developments, the maximum
face area is 32 square fee'
2. Primary sign may have one secondary attached sign not to exceed one square foot, and one brochure box.
3. The sign may be placed in a yard, in a window,or on a wall.
4. All signs shall be removed within 14 days after the sale, lease, or rental that has been completed. For those properties that continuously advertise properties for lease,
such as a commercial center or an office building, such signs shall not be required to be removed but shall be integrated into the overall site and building design.
5. Signs shall only be posted on the subject property for sale, lease,or rent.
f Signs or emblems of a religious,civil, philanthropic,or historical markers or plaques
Traffic Control and Directional Signs(with Limitations). On-site traffic control signs and signs providing directions to specific areas including, but not limited to, building
entrances, parking facilities, and onsite facilities may be displayed. Such signs shall have a maximum area of four square feet and a maximum height of four feet.
1,Vending Machine Signs. Signs on approved vending machines.
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types, g HeightlDimensions Allowed?
E.Residential Zones(R-M,R-0,R-1,R-2,R-3,R-3-R)
1.Detached Single-family Units
Wall Signs 1 per single-family unit 4 sf Must not extend above Near main entrance Yes None
eave of roof or parapet
2.Attached Multifamily Units
Wall or 1 per frontage of 6 sf per sign; 12 sf total Wall sign: Must not At primary entrances to Indirect only None
Monument development extend above eave of residential community
Signs roof or parapet
Freestanding sign:3 ft.
high
3. Places of Religious Assembly
46
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types1 g Height/Dimensions Allowed?
Wall or 1 per frontage of 48 sf per sign Monument sign: Shall be located at maximum Yes Electronic message signs are
Freestanding development 8 ft.high practical distance from allowed subject to approval of
Signs adjacent residential uses a Minor Use Permit.
Freestanding sign: 12 ft.
high
F.Professional Office(C-0),General Commercial(C-G),Regional Commercial(C-R),Commercial Manufacturing(C-M),Industrial(M-1),Downtown Mixed Use(DMU),Mixed Use
(MU),and Central Business District(CBD)Zones
1.Single Tenant Sites
a.Wall Signs Maximum sign 1)No wall sign shall be May be internally or
(business 1)1 sf of sign area per dimensions:Shall not placed higher than the ground indirectly illuminated 1)Electrical raceways shall be
linear foot of tenant integrated with the overall
identification) space for signs on the exceed 470 percent of floor of the building or 20 feet, design of the sign.Exposed
street front or building the horizontal length of whichever is less,except that The intensity of the raceways shall be prohibited.
1) 1 single-face wall the wall on which the second floor retail or office illumination shall be
side;maximum 100 sf
sign per street or sign is located. spaces with access separate constant to avoid a pulse 2)Signs shall be placed flat
parking frontage,plus 3)0.5 sf per linear foot from the use(s)on the ground or flashing appearance. against the wall and shall not
on the rear elevation, floor are permitted a sign no project from the wall more than
2) 1 side of building but not to exceed 75 sf higher than the second floor. required for normal
sign,plus for any one sign modified-thy-thigh-the
Nae construction purposes and in
3) 1 rear access sign. no case more than 12 inches.
4)The total aggregate
sign area allowed for presses(see-Sestien 3)Allowable aggregate of sign
For any business anyone business shall 9107.05). area does not include areas of
located on a corner lot, be 150 sf. allowed window signs.
no more than two such 2)For buildings over 2 stories
signs shall be in height,signs shall be
permitted. 5)Any sign placed on a located only on the first or top 4)No illuminated sign shall be
rear building elevation sto placed within 100 feet of a
shall be no larger than ry' property in a residential zone
50%or the area of the 3)No sign shall project above or an existing place of religious
sign(s)on the front or the parapet or wall to which it assembly.
side elevation. is attached,nor above the
roofline if attached to the roof.
b.Permanent 1)1 window sign with Window signs shall not N/A 1)Window lettering allowed Not permitted except 1)Allowable aggregate of
Window Signs window area that occupy more than 25 on interior or exterior of glass luminous tube signs window sign(s)area does not
or Temporary defined-to-includes all percent of the total window or door. include areas of allowed wall
(business glazed areas,including window/door area on signs.
identification) glass curtain walls and any wall or storefront. 2)Signs shall be allowed only
On corner lots,the on windows located on the
47
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Type& g Height/Dimensions Allowed?
doors.etab-Ind+vtttua+ maximum sign area is ground floor of either a 2)Window signs shall be
storefront. 25 percent pf the total designated primary or constructed of permanent
window/door area for secondary building frontage. material,such as paint or
2)Interior signs within each street frontage. Window signs shall not be decals,and be permanently
5 ft.of a storefront allowed on or above the affixed to the window.
window shall be second story.
counted as window
signs for the purpose 3)The placement of window
of calculating total sign signs shall allow for
area and number of unobstructed observation by
signs. safety personnel(e.g.,law
enforcement,private security,
etc.).
c.Freestanding 1 double face sign-per Based upon the longest 1)Monument Sign-8 1)Monument Signs May be internally or 1)For the purpose of ensuring
Signs— street frontage,but no street frontage of the lot: ft. indirectly illuminated that emergency response
Monument and more than 2 double Frontage Max. a)Shall be allowed only on personnel can identify a
Pylon(business face sign shall be Area 2)Pylon Sign- parcels with at least 50 feet of The intensity of the location,the minimum letter
identification) allowed —May-be 0-51 ft. 100 sf 25 ft. high,with a frontage adjoining a public illumination shall be size shall be 12 inches.
Monument or Pylon 51-150 ft. 150 sf minimum clearance of 8 right-of-way. constant to avoid a pulse
150-250 ft. 200 sf ft.over a pedestrian way b)Shall be set back a or flashing appearance. 2)Where there is a center
250-350 ft. 250 sf and 15 ft.over a minimum of 5 ft.from a lot name or identification that is
350+ft. 350 sf vehicular way line and a minimum of 10 ft. separate from the tenant
from the edge of a driveway. identification,the center name
c) Shall not block visibility for or identification shall be
motorists at intersections or included in the allowable sign
driveways. area.
d).Shall not encroach into
any public right-of-way, 3)For the purpose of ensuring
building,on-site driveway,or that emergency response
on-site vehicle circulation personnel can identify a
area. location,freestanding signs
shall contain an address plate
2)Pylon Signs identifying the site address or
a)Shall be allowed only for range of addresses of the
parcels with at least 50 feet of subject property. Numbers
frontage adjoining a public shall be a minimum of 8 inches
right-of-way. In addition,a in height and shall be clearly
pylon sign shall only be visible from the public right-of-
48
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types' g Height/Dimensions Allowed?
allowed when the building way.Address plates shall not
with which it is associated is be calculated as part of the
set back from the front allowed sign area.
property line a minimum
distance of 40 ft. 4)Sign design shall consist of
b)Shall be set back a individual channel letters on a
minimum of 5 ft.from a lot background,reverse channel
line and a minimum of 10 ft. letters,or push-
from the edge of a driveway. through/through-the-face
c)Shall not encroach into any designs.
public right-of-way,building,
on-site driveway,or on-site 5)No illuminated sign shall be
vehicle circulation area. placed within 100 ft.of a
d)Shall not block visibility for property in a residential zone
motorists at intersections or or an existing place of religious
driveways. assembly.
e)Shall not encroach into any
public right-of-way,building, 6)A minimum distance of 50 ft.
on-site driveway,or on-site shall be provided between
vehicle circulation area. monument signs on adjoining
sites to ensure adequate
visibility for all signs.
7)A minimum distance of 50 ft.
shall be provided between
pylon signs on adjoining sites
to ensure adequate visibility for
all signs.
8)For monument signs,
landscaping with automatic
irrigation shall be provided at
the base of the supporting
structure and shall extend a
minimum distance of 3 feet in
all directions from the sign
base.
49
Table 3-13
Regulation of Sun Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types, g HeightlDimensions Allowed?
9)For pylon signs,the
supporting structure shall not
include exposed metal pole(s),
but shall be surrounded by a
decorative cover that is
architecturally compatible with
the sign cabinet and the
architectural character of
buildings on the site.
10) Electronic changeable
message signs shall be
allowed only for gas station
price signs and places of
religious assembly,subject to
issuance of a Minor Use
Permit.
d. Blade Signs 1)1 per business 8 sf The bottom of the sign 1)Signs may be placed May be internally or 1)For purposes of providing
shall maintain at least 8 perpendicular to the building indirectly illuminated for sign visibility,a minimum
2)May be provided in Double-faced blade feet of pedestrian facade(projecting)or distance of 50 feet shall be
addition to allowed signs shall be clearance from the mounted flat against the wall The intensity of the provided between individual
freestanding or wall considered a single-face sidewalk level. near the building entrance. illumination shall be blade signs.
sign. sign for the purpose of constant to avoid a pulse
calculating sign area. 2)For a building on a corner or flashing appearance. 2)Supporting arms or frames
lot, blade signs shall be for blade signs shall be of a
located on the corner or face decorative design compatible
of the building on the street with the design of the sign.
corner.
3)Blade signs shall project no
3)Corner-mounted blade sign more than 2 feet from the face
shall be mounted at a 45- of the building wall upon which
degree horizontal angle so the sign is mounted.
that its two sides are equally
visible from both streets. 4)Guy wires may be used for
lateral support when fully
within the horizontal plane of
the sign.Any angle iron or
secondary support,other than
50
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types1 g Height/Dimensions Allowed?
guy wires,shall be enclosed in
a form constructed of
impermeable material.
e. Awning and 1 per business Lettering,logos, The uppermost part of 1)Awning and canopy signs Awnings and canopies 1)Overly large
Canopy Signs symbols,and graphics an awning or canopy shall be allowed for first-and shall not be lighted from awnings/canopies and
are allowed on up to 50 shall not be located second-story nonresidential underneath so that the awnings/canopies with unusual
percent of the area of a more than 2 feet above occupancies only. awning or canopy appears shapes designed for the
shed(slope)portion of a window or door. internally illuminated. purpose of providing additional
the awning or canopy 2)Signs shall be applied on Lighting directed sign area are not allowed.
and valance portion of the outer face of and flat downwards that does not
the awning or canopy. against the awning or canopy illuminate the awning or 2)A minimum of 8 feet of
surface.In the case of a canopy is allowed. clearance shall be provided
barrel shaped(curved) between the lowest part of an
awning or canopy,signs shall awning or canopy and the
not occupy more than 60 grade below.See Figure 3-19
percent of the bottom 12 (Height of Awning).
inches of the awning.
3)The design and construction
of awning and canopy signs
shall be compatible with the
predominant architectural and
visual elements of the
structure.
4)Awnings and canopies shall
conform to the size and shape
of the window or door they are
above.
5)Awnings and canopies shall
not be patched with fabric or
painted over to revise sign
content.
f. Marquee 1)1 per business 1)The sign area for an 1)No marquee sign Marquee signs shall be 1)Any lighting of marquee
Signs individual sign shall be shall extend more than 2 mounted substantially parallel signs shall be in
2)Marquees signs are limited to 1 sf of length ft.above any marquee with the face of the marquee. compliance with the
only permitted in of the marquee to which to which it is attached. electrical code and shall
association with the sign is attached,or not cause disturbing glare
51
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types, g Height]Dimensions Allowed?
theaters and similar the length of each 2)Marquee signs shall onto any adjacent areas
business ground floor or second- not extend beyond the due to excessive
floor occupancy as ends or extremities of brightness or method of
applicable,whichever is the marquee to which illumination.
least,provided the total they are attached,
area does not exceed except as provided 2)Any devices or
100 square feet. above. structures used in
conjunction with direct
2)The area of the illumination of marquee
aggregate of all signs shall either be
marquee signs on a concealed from general
building shall not exceed view, recessed into a
4 sf per foot of length of building or structure.or
the marquee to which function as a decorative
the signs are attached element in keeping with the
or the length of each character of the sign and
ground floor occupancy, the building to which it is
whichever is least, attached.
provided the area does
not exceed 300 square 3)The direct illumination of
feet. marquee signs shall be
subject to approval by the
Director.
g.Ground- As approved through a 4 sf per sign face 4 ft.high May be placed anywhere that May be internally or
mounted On- Comprehensive Sign does not interfere with indirectly illuminated
site Directional Program pedestrian or vehicular
Signs movement
2.Multiple Tenant Sites
a.Wall Signs 1)1 single-face sign 1 sf of sign area per Maximum sign 1)No wall sign shall be May be internally or 1)Electrical raceways shall be
(business per business per street each linear foot of dimensions:Shall not placed higher than the ground indirectly illuminated integrated with the overall
identification) or parking lot frontage. 44ding'enant space exceed 70 49 percent of floor of the building or 20 feet, design of the sign.Exposed
fronting on a street or the horizontal length of whichever is less,except that The intensity of the raceways shall be prohibited.
2)For theaters, parking lot the portion of wall on second floor retail or office illumination shall be
additional wall signage The commercial site which the sign is located spaces with access separate constant to avoid a pulse 2)Signs shall be placed flat
may be permitted ;shall have a with-the for each tenant space from the use(s)on the ground or flashing appearance. against the wall and shall not
through a maximum total sign area (assesiate floor are permitted a sign no project from the wall more than
Comprehensive Sign based upon the longest business being higher than the second floor. required for normal
Program street frontage of the lot: identified)
52
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Sign Area Maximum Sign Location Illumination Additional Regulations
Types1 g Height/Dimensions Allowed?
2)For buildings over 2 stories construction purposes and in
Frontage Max.Area in height,signs shall be no case more than 12 inches.
0-51 ft. 50 sf located only on the first or top
51-150 ft. 100 sf story and shall not exceed a 3)Allowable aggregate of sign
150-250 ft. 150 sf maximum horizontal length of area does not include areas of
250-350 ft. 200 sf 40%on the portion of the wall allowed window signs.
350+ft. 250 sf the sign is located.
4)No illuminated sign shall be
3)No sign shall project above placed within 100 feet of a
the parapet or wall to which it property in a residential zone
is attached,nor above the or an existing place of religious
roofline if attached to the roof. assembly.
b.Permanent 1)1 sign per tenant Window signs shall not N/A 1)Window lettering allowed Not permitted except 1)Allowable aggregate of
or Temporary space window,with occupy more than 25 on interior or exterior of glass luminous tube signs window sign(s)area does not
Window Signs window area defined to percent of the total window or door. include areas of allowed wall
(business include all glazed window/door area of any signs.
identification) areas,including glass tenant's wall or 2)Signs shall be allowed only
curtain walls and doors storefront. on windows located on the 2)Window signs shall be
of an individual ground floor of either a constructed of permanent
storefront. designated primary or material,such as paint or
secondary building frontage. decals,and be permanently
2)Interior signs within Window signs shall not be affixed to the window.
5 ft.of a storefront allowed on or above the
window shall be second story.
counted as window
signs for the purpose 3)The placement of window
of calculating total sign signs shall allow for
area and number of unobstructed observation by
signs. safety personnel(e.g.,law
enforcement,private security,
etc.).
c.Freestanding 1)1 double face sign Based upon the longest 1)Monument Sign-8 1)Monument Signs May be internally or 1)For the purpose of ensuring
Signs— per street frontage. street frontage of the lot: ft. indirectly illuminated that emergency response
Monument and May be monument or a)Shall be allowed only on personnel can identify a
Pylon(business pylon. Frontage Max.Area 2)Pylon Sign- parcels with at least 50 feet of The intensity of the location,the minimum letter
identification) 0-51 ft. 100 sf 25 ft.high,with a frontage adjoining a public illumination shall be size shall be 12 inches.
51-150 ft. 150 sf minimum clearance of 8 right-of-way.
53
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Sign Area Maximum Sign Location Illumination Additional Regulations
Types1 Height/Dimensions Allowed?
2)Additional signs may 150-250 ft. 200 sf ft.over a pedestrian way constant to avoid a pulse 2)Where there is a center
be allowed per an 250-350 ft. 250 sf and 15 ft.over a b)Shall be set back a or flashing appearance. name or identification that is
approved 350+ft. 350 sf vehicular way minimum of 5 ft.from a lot separate from the tenant
Comprehensive Sign line and a minimum of 10 ft. identification,the center name
Program. from the edge of a driveway. or identification shall be
included in the allowable sign
c) Shall not block visibility for area.
motorists at intersections or
driveways. 3)For the purpose of ensuring
that emergency response
d).Shall not encroach into personnel can identify a
any public right-of-way, location,freestanding signs
building,on-site driveway,or shall contain an address plate
on-site vehicle circulation identifying the site address or
area. range of addresses of the
subject property.Numbers
2)Pylon Signs shall be a minimum of 8 inches
a)Shall be allowed only for in height and shall be clearly
parcels with at least 50 feet of visible from the public right-of-
frontage adjoining a public way.Address plates shall not
right-of-way.In addition,a be calculated as part of the
pylon sign shall only be allowed sign area.
allowed when the building
with which it is associated is 4)Sign design shall consist of
set back from the front individual channel letters on a
property line a minimum background,reverse channel
distance of 40 ft. letters,or push-
b)Shall be set back a through/through-the-face
minimum of 5 ft.from a lot designs.
line and a minimum of 10 ft.
from the edge of a driveway. 5)No illuminated sign shall be
c)Shall not encroach into any placed within 100 feet of a
public right-of-way,building, property in a residential zone
on-site driveway,or on-site or an existing place of religious
vehicle circulation area. assembly.
d)Shall not block visibility for
motorists at intersections or 6)A minimum distance of 50
driveways. feet shall be provided between
54
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types1 g Height/Dimensions Allowed?
e)Shall not encroach into any monument signs on adjoining
public right-of-way,building, sites to ensure adequate
on-site driveway,or on-site visibility for all signs.
vehicle circulation area.
7)A minimum distance of 50
feet shall be provided between
pylon signs on adjoining sites
to ensure adequate visibility for
all signs.
8)For monument signs,
landscaping with automatic
irrigation shall be provided at
the base of the supporting
structure and shall extend a
minimum distance of 3 feet in
all directions from the sign
base.
9)For pylon signs,the
supporting structure shall not
include exposed metal pole(s),
but shall be surrounded by a
decorative cover that is
architecturally compatible with
the sign cabinet and the
architectural character of
buildings on the site.
10) Electronic changeable
message signs shall be
allowed only for gas station
price signs and places of
religious assembly,subject to
issuance of a Minor Use
Permit.
d. Blade Signs 1)1 per business. 8 sf The bottom of the sign 1)Signs may be placed May be internally or 1)For purposes of providing
shall maintain at least 8 perpendicular to the building indirectly illuminated for sign visibility,a minimum
55
Table 3-13
Regulation of Sign Type by Zone
Allowed Sign Maximum Number Maximum Si n Area Maximum Sign Location Illumination Additional Regulations
Types1 g Height/Dimensions Allowed?
2)May be provided in Double-faced blade feet of pedestrian facade(projecting)or distance of 50 feet shall be
addition to allowed signs shall be clearance from the mounted flat against the wall The intensity of the provided between individual
freestanding or wall considered a single-face sidewalk level. near the building entrance. illumination shall be blade signs.
sign. sign for the purpose of constant to avoid a pulse
calculating sign area. 2)For a building on a corner or flashing appearance. 2)Supporting arms or frames
lot,blade signs shall be for blade signs shall be of a
located on the corner or face decorative design compatible
of the building on the street with the design of the sign.
corner.
3)Blade signs shall project no
3)Corner-mounted blade sign more than 2 feet from the face
shall be mounted at a 45- of the building wall upon which
degree horizontal angle so the sign is mounted.
that its two sides are equally
visible from both streets. 4)Guy wires may be used for
lateral support when fully
within the horizontal plane of
the sign.Any angle iron or
secondary support,other than
guy wires,shall be enclosed in
a form constructed of
impermeable material.
56
Table 3-13
Regulation of Sian Type by Zone
Allowed Sign Maximum Sign Illumination Additional Regulations
Types' Maximum Number Maximum Sign Area Height/Dimensions Location Allowed?
e. Awning and 1 per business and Lettering,logos, The uppermost part of 1)Awning and canopy signs Awnings and canopies 1)Overly large
Canopy Signs required to be above symbols,and graphics an awning or canopy shall be allowed for first-and shall not be lighted from awnings/canopies and
door or window of the are allowed on up to 50 shall not be located second-story nonresidential underneath so that the awnings/canopies with unusual
associated business percent of the area of a more than 2 feet above occupancies only. awning or canopy appears shapes designed for the
shed(slope)portion of a window or door. internally illuminated. purpose of providing additional
the awning or canopy 2)Signs shall be applied on Lighting directed sign area are not allowed.
and valance portion of the outer face of and flat downwards that does not
the awning or canopy. against the awning or canopy illuminate the awning or 2)A minimum of 8 feet of
surface. In the case of a canopy is allowed. clearance shall be provided
barrel shaped(curved) between the lowest part of an
awning or canopy,signs shall awning or canopy and the
not occupy more than 60 grade below.See Figure 3-19
percent of the bottom 12 (Height of Awning).
inches of the awning.
3)The design and construction
of awning and canopy signs
shall be compatible with the
predominant architectural and
visual elements of the
structure.
4)Awnings and canopies shall
conform to the size and shape
of the window or door they are
above.
5)Signs shall be uniform in
color and design for all tenant
identification within the center.
5)Awnings and canopies shall
not be patched with fabric or
painted over to revise sign
content.
f. Marquee 1)1 per business 1)The sign area for an 1)No marquee sign Marquee signs shall be 1)Any lighting of marquee
Signs individual sign shall be shall extend more than 2 mounted substantially parallel signs shall comply with the
2)Marquees signs are limited to 1 sf of length ft.above any marquee with the face of the marquee. electrical code and shall
only permitted in of the marquee to which to which it is attached. not cause disturbing glare
57
Table 3-13
Regulation of Sian Type by Zone
Allowed Sign Maximum Number Maximum Sign Area Maximum Sign Location Illumination Additional Regulations
Types1 Height/Dimensions Allowed?
association with the sign is attached,or onto any adjacent areas
theaters and similar the length of each 2)Marquee signs shall due to excessive
business ground floor or second- not extend beyond the brightness or method of
floor occupancy as ends or extremities of illumination.
applicable,whichever is the marquee to which
least,provided the total they are attached, 2)Any devices or
area does not exceed except as provided structures used in
100 square feet. above. conjunction with direct
illumination of marquee
2)The area of the signs shall either be
aggregate of all concealed from general
marquee signs on a view,recessed into a
building shall not exceed building or structure,or
4 sf per foot of length of function as a decorative
the marquee to which element in keeping with the
the signs are attached character of the sign and
or the length of each the building to which it is
ground floor occupancy, attached.
whichever is least,
provided the area does 3)The direct illumination of
not exceed 300 square marquee signs shall be
feet. subject to approval by the
Director.
g.Name Plate 1 per business 2 sf per sign face N/A At exterior entrance to tenant May be internally or Intended for office uses only.
(occupant space indirectly illuminated
identification) No sign permit required.
h.Ground- As approved through a 4 sf per sign face 4 ft.high May be placed anywhere that May be internally or
mounted On- Comprehensive Sign does not interfere with indirectly illuminated
site Directional Program pedestrian or vehicular
Signs movement
Notes:1.Cabinet signs are prohibited.
9103.11.100 Temporary Signs
The following types of temporary signs are allowed subject to the standards of this section.A Temporary Sign Permit shall be obtained from the Director prior to displaying temporary
signs,unless specified in Section 9103.11.404(Exempt Signs).
58
A. Temporary Signs
1. General. The following signs described in this Section shall be allowed on a temporary basis in the zones indicated. If
a wall or hedge prevents a sign from being located as provided in this Section, the sign may be placed immediately
adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress
or egress to the property or adjoining properties as per the standards provided in Subsection 9103.01.070(Vehicular
Visibility Standards)or where such signs may interfere with or be confused with any traffic signal or device.
2. Restriction on Placement.
a. Temporary signs shall not be placed on awnings or canopies.
b. Temporary signs shall not be placed in public rights-of-way.
3. Residential Zones
a. Table 3-14 identifies allowed temporary signs in residential zones.
b. Within residential zones,allowable temporary signs shall be located at least 10 feet from adjoining premises and at
least five feet from a paved roadway. Where any sidewalk exists,the location shall be at least three feet from the
sidewalk in the direction of the residence.
Table 3-14
Temporary Signs: Residential Zones
Size Allowed Not to exceed 3 ft high or 12 sf in area per face allowed
Not to exceed 12 sf per face, mounted on post/arm 6 ft.maximum height
Duration The temporary sign may be displayed as follows:
1) For an event lasting fewer than three days,the temporary sign may be erected up to
seven days prior to the event and shall be removed within 48 hours following the
conclusion of the event.
2) For an event lasting more than three days,the temporary sign may be erected up to
14 days prior to the event and shall be removed within 48 hours following the conclusion
of the event.
3) For Federal, State,and local government elections,temporary signs may be erected
up to 90 days prior to the election and shall be removed within seven days following the
election.
Allowable Sign Portable. All other sign types shall be prohibited.
Types
Allowable Sign On private property
Placement At least 10 ft from adjoining premises,3 ft from the sidewalk in the direction of the
residence,or at least 5 ft from a paved road(if no sidewalk exists)
Materials Non-illuminated, non-reflective surface. Signs may not be made of canvas,fabric,vinyl
plastic,or other similar material.
Installation Temporary signs may only be ground-mounted or attached to a fence.
4. Nonresidential Zones
59
Table 3-15
Temporary Signs: Non-Residential Zones
Number and Size Not to exceed 16 sf in area per face allowed
Allowed
Duration The temporary sign may be displayed as follows:
1) For an event lasting fewer than three days,the temporary sign may be erected up to
seven days prior to the event and shall be removed within 48 hours following the
conclusion of the event.
2) For an event lasting more than three days,the temporary sign may be erected up to
14 days prior to the event and shall be removed within 48 hours following the conclusion
of the event.
3) For Federal, State,and local government elections,temporary signs may be erected
up to 90 days prior to the election and shall be removed within seven days following the
election.
Allowable Sign Freestanding,banner,and portable. All other sign types shall be prohibited. See
Types Subsection 9103.11.100.B(Temporary Banners)for regulations specific to temporary
banners.
Allowable Sign On private property,except as allowed in Subsection 9103.11.100.0(Portable and A-
Placement Frame Signs).
At least 10 ft from adjoining premises and in conformance with Subsection 9103.01.070
(Vehicular Visibility Standards).
Materials Non-illuminated, non-reflective surface. Signs may not be made of canvas,fabric,vinyl
plastic,or other similar material.
Installation Temporary signs may be mounted on a pole,flush on building wall,attached to a fence,
or on metal stands.
5. Additional Conditions. Temporary window signs that exceed the allowable maximum sign area shall be allowed to
advertise special events, provided a business shall not use such temporary window signs for more than 60 cumulative
days in any one calendar year.A Temporary Sign Permit shall be obtained from the Planning Division before the painting,
posting, or affixing of any temporary sign. Exception: A Temporary Sign Permit is not required for temporary signs
associated with Federal,State,and local government elections.
B. Temporary Banners
1. Temporary banners shall only be allowed in C-0, C-G, C-M, CBD, DMU, MU, M-1, and SP zones. Exceptions shall be
made for allowed institutional and public assembly uses within residential zones subject to Director approval.
2. Aside from any other section of the Municipal Code,the owner or person who installs or displays a banner in violation of
this Section shall remove the banner upon order of the Director or designee.For the purpose of this Section,any portion
of any day in which a banner is or remains installed or displayed shall be counted as one full day.
3. No banners shall be allowed other than temporary banners.The following regulations shall apply to temporary banners:
Table 3-16
Temporary Banners in Nonresidential Zones
Number and a) Max of 2 temporary banners at any time
Size b) Maximum total surface area shall not exceed 32 sf
Location a) Flush against the surface of the building in which the business displaying the banner(s)
is located
b) Freestanding and roof-mounted banners are prohibited
Timeframe a) Total of 60 days maximum per year
b) Single display period not to exceed 30 consecutive days
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Table 3.16
Temporary Banners in Nonresidential Zones
c) Minimum 2 week intervals between approved banner display periods
Exceptions a) Temporary banners for events or activities sponsored by nonprofit organizations may
be authorized for an additional 30 cumulative days in any calendar year
b) Future tenants and existing tenants whose permanent lawful signs are removed for
remodeling or maintenance work may display a banner(s) advertising the name of the
business for up to 60 continuous calendar days.Such banners shall be removed before
installation of a permanent sign and shall be exempt from the time limits as described
in timeframe above.
C. Portable and A-Frame Signs.The use of small, pedestrian-oriented, portable signs is allowed in all non-residential zones
on private properties subject to the approval of a Sign Permit and the following standards:
1. Only businesses with street frontage are allowed to have portable signs. Businesses that are located along pedestrian
arcades/walkways having access to the street may also use portable signs, but shall not locate such signs within the
public right-of-way unless an Encroachment Permit has been issued by the Engineering Division. In addition,each group
of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the
arcade/walkway,which may be located within the public right-of-way.
2. No business shall be allowed to have more than one portable sign.
3. Portable signs shall be utilized only during regular business hours and shall be removed during non-business hours.
4. Portable signs shall have a maximum sign area of six square feet per face.The maximum height from ground level shall
be four feet and the maximum width shall be two feet.
5. Portable signs may be located on private property,provided they do not interfere with pedestrian movement or wheelchair
access to,through,and around the site.A minimum access width of five feet shall be maintained along all sidewalks and
building entrances accessible to the public.
6. Portable signs shall not encroach into required off-street parking areas, public roadways, or alleys, and may not be
arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the
corner curb return areas of intersections.
7. Portable signs shall have a weighted base or comparable feature capable of keeping the sign upright in a moderate wind.
8. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant
materials and not be subject to fading or damage from weather.The use of paper or cloth is not allowed unless located
within a glass or plastic enclosure.
9. No lighting shall be allowed on or for portable signs.
10. Portable signs shall be professionally designed in an attractive manner meeting the approval of the Director or designee
subject to a Sign Permit,and present an image of quality and creativity.
D. Flags. Flags of the United States, the State of California, and other government entities shall be allowed in zones within
subject to the following regulations:
1. Flags mounted on a building shall allow for a minimum clearance of seven feet over a pedestrian right-of-way and 15
feet over a vehicular way.
2. A maximum of three flags shall be allowed on one flag pole on residential.
3. A flags shall not exceed 15 square feet per flag for residential zones.
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4 4-The maximum height of a flagpole shall conform to Subsection 9103.01.050.C.1 (Exceptions to Height Limits in All
Zones—Flagpoles).
E. Developer-Contractor signs A temporary sign that provides information about the project and the developer managing
construction site
1. Only one(1)developer-contractor sign is permitted on a residential property and up to two(2)on a commercial site
2. Each sign shall be a maximum of 16 square feet in area and six(6)feet in height.
3. Signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed on private property and/or
directly adjacent to approved construction fencing installed parallel to a public street.Signs shall not overhang or obstruct
a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or
driveways per the standards on file with Planning Services
Section 9103.12- Outdoor Displays
9103.12.010 Regulations for the C-G,C-R,C-M,CBD,DMU,and MU Zones
A. Restricted. In the C-G, C-R, C-M, CBD, DMU, and DU zones, all merchandise shall be displayed within a completely
enclosed building except as otherwise provided in this Section.
B. On Private Property. Outdoor displays of merchandise on private property is permitted during hours that a business is open
subject to the following regulations:
1. Outdoor displays are allowed only where they do not interfere with pedestrian movement or wheelchair access to,
through,and around the site.
2. Outdoor displays shall not include merchandise typically for sale on the premises, except for service stations, florist
shops,and antique shops.
3. Sales tags showing the cost of the merchandise shall be prohibited.
C. On Public Property. Outdoor display of merchandise on public property shall be permitted only with approval of a Minor Use
Permit pursuant to Section 9107.09(Conditional Use Permits and Minor Use Permits)and subject to the following conditions:
1. A minimum access width of five feet shall be maintained along all sidewalks and building entrances accessible to the
public.
2. Owners of the business shall provide public liability insurance in an amount approved by the City Attorney.
3. The placement and arrangement of outdoor displays may be conditioned part of the Minor Use Permit.
D. Temporary Outdoor Sales.Temporary outdoor sales/promotional events may be allowed on the public right-of-way through
the approval of a Temporary Use Permit pursuant to permit as outlined in Section 9107.23(Temporary Use Permits.
F. Exception. Temporary outdoor sales/promotional events,including only merchandise typically for sale on the premises,may
be allowed on the public right-of-way in conjunction with a farmers' market or other City or downtown business association
sponsored event.
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9103.17— Historic Preservation
Subsections:
9103.17.010 Title
9103.17.020 Purpose
9103.17.030 Applicability
9103.17.040 Historic Preservation Commission
9103.17.050 Reserved
9103.17.060 Local Eligibility and Designation Criteria
9103.17.070 Designation Procedures
9103.17.080 Alterations to Historic Resources
9103.17.090 Certificates of Economic Hardship
9103.17.100 Incentives for Historic Preservation
9103.17.110 Appeals
9103.17.120 Duty to Keep in Good Repair
9103.17.130 Ordinary Maintenance and Repair
9103.17.140 Unsafe or Dangerous Conditions
9103.17.150 Enforcement Penalties
9103.17.160 Definitions
9103.17.010 Title
This Chapter shall be known as the Arcadia Historic Preservation Ordinance.
9103.17.020 Purpose
The Arcadia City Council acknowledges that the recognition,preservation,protection,and reuse of historic resources are required
in the interests of the health, prosperity, safety, social and cultural enrichment, general welfare, and economic well-being of the
people of Arcadia. The designation and preservation of historic resources, and the regulation of alterations, additions, repairs,
removal,demolition,or new construction to perpetuate the historic character of historic resources,is declared to be a public purpose
of the city.
Therefore,the purposes of this Chapter include the following:
A. Enabling informed planning decisions regarding the treatment of properties that contribute to the city's character or reflect
its historical and architectural development;
B. Establishing priorities for preservation, restoration,and rehabilitation efforts within the city;
C. Providing City planners with baseline information about potential historic resources from which to manage new
development;
D. Safeguarding Arcadia's heritage by protecting resources that reflect elements of the city's cultural, social, economic,
architectural,and archaeological history;
E. Deterring demolition, misuse, or neglect of designated historic landmarks, designated historic districts (and their
contributing resources), and potential historic landmarks, which represent important links to the past of Arcadia,
California,or the nation;
F. Providing the public with a better understanding of and appreciation for the built environment as a tangible link to
Arcadia's history;
G. Promoting the use of historic resources,especially for the education,appreciation,and general welfare of the people of
Arcadia;
H. Protecting and enhancing the city's attractiveness to residents and visitors,and supporting economic development.
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9103.17.030 Applicability
The provisions of this Chapter shall apply to all historic resources,including buildings,structures,objects,sites,and historic districts
within the city.
9103.17.040 Historic Preservation Commission
The Arcadia Planning Commission is responsible for providing City Council with recommendations regarding the designation of
historic resources, adoption of preservation policies, and approval of Mills Act applications. The Planning Commission, herein
referred to as the Commission,is also responsible for reviewing and approving Certificates of Appropriateness in accordance with
Section 9103.17.080(B) of this Chapter. The Commission shall have and exercise the powers, perform the duties, and maintain
the qualifications pursuant to Part 5(Planning Commission),Chapter 2,Article II of the Arcadia Municipal Code.
9103.17.050 Reserved
9103.17.060 Local Eligibility and Designation Criteria
A. Criteria for Designation
Historic Landmark.On the recommendation of the Commission,the City Council may designate an individual resource(building,
structure,object,or site)if it meets one or more of the following local eligibility criteria:
1. It is associated with events that have made a significant contribution to the broad patterns of Arcadia's or California's
history;
2. It is associated with the lives of persons important to local or California history;
3. It embodies the distinctive characteristics of a type, period, region,or method of construction,or represents the work of
master,or possesses high artistic values;
4. It has yielded,or has the potential to yield,information important to the prehistory or history of the city or state.
In addition to the requirements listed as 1 through 4 above in this section,an individual resource must satisfy at least one of
the following requirements:
5. It is listed on the National and/or California Register of Historic Places;or
6. It is an iconic property
Historic District.On the recommendation of the Commission, the City Council may designate a historic district if it meets one or
more of the four criteria in Section 9103.17.060(A)and:
1. It possesses a significant concentration,linkage,or continuity of sites,buildings,structures,or objects united historically
or aesthetically by plan or physical development.
2. A minimum of 60 percent of the buildings within the proposed historic district contribute to the district's significance.
B. Automatic Consideration
Any property individually listed in the National Register of Historic Places or California Register of Historical Resources shall be
automatically considered designated historic resource by the City.
C. Considerations for Evaluating Properties—Age
A resource considered for listing as a local historic landmark must be at least 45 years of age,unless it can be demonstrated that
the resource has achieved exceptional importance within the last 45 years.
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D. Consideration for Evaluating Properties—Integrity
In order for a resource to be eligible for designation as a local landmark or historic district, the resource must retain sufficient
integrity. Integrity is the authenticity of a historical resource's physical identity as evidenced by the survival of characteristics that
existed during the time period within which the resource attained significance.Only after significance has been established should
the issue of integrity be addressed. There are seven aspects of integrity, as defined by the National Register: location, design,
setting,materials,workmanship,feeling, and association. Since significance thresholds associated with local listing are generally
less rigid than those associated with listing at the state or national levels, a greater degree of flexibility shall be provided when
evaluating the integrity of a locally eligible historic resource, as opposed to one eligible for listing in the National or California
Registers. For this reason, it is possible that a historic resource may not retain sufficient integrity to be eligible for listing in the
National or California Registers,but may still be eligible for listing at the local level. Integrity shall be determined with reference to
the particular characteristics that support the resource's eligibility under the appropriate criteria of significance.
9103.17.160 Definitions
"Arcadia Register of Historic Resources"means the official list of designated historic resources in the city.
"California Environmental Quality Act" (or "CEQA") refers to the statute and regulations applying to public agencies in
California as codified in the California Public Resources Code Sections 21000 through 21178,and Title 14 CCR,Section 753,and
Chapter 3, Sections 15000 through 15387. CEQA applies to all discretionary work proposed to be conducted or approved by a
California public agency, including private projects requiring discretionary approval.
"Certificate of Appropriateness"shall refer to the required review prior to issuance of an alteration permit to ensure alterations
to designated and individually eligible historic resources are in compliance with this Chapter and CEQA guidelines.
"Certificate of Demolition"shall refer to the required review prior to issuance of a demolition permit to ensure completion of a
full historical evaluation of buildings, structures, and objects that are 50 years of age or older to determine historical significance.
See Section 9107.07(Certificates of Demolition),Article IX of the Arcadia Development Code.
"Character-Defining Features"refer to the visual and physical features that give a building its identity and distinctive character.
They may include the overall building shape, its materials, craftsmanship, decorative details, interior spaces and features, and
aspects of its site and environment.
"Commission"means the City of Arcadia Planning Commission established pursuant to the provisions of Part 5,Chapter 2,Article
II of the Arcadia Municipal Code.
"Contributing Resource" (or "Contributor") means any building, structure, object, site, planning feature, sign, area, place,
landscape, or natural feature within a designated historic district that contributes to the district's historic,cultural, or architectural
significance.
"Designation"means the act of recognizing,labeling,and listing a historic resource in the Arcadia Register of Historic Resources
by the City Council.A designation formally establishes that a historic resource has historic significance.
"Demolition" means any act or process that destroys, in whole or in part, a building, structure, object, or site or permanently
impairs its structural integrity.
"Historic District"means a type of historic resource that is a geographic area comprising a significant concentration, linkage,or
continuity of buildings, structures, objects, planning features, sites, natural/landscape features and any other features united
historically or aesthetically by plan or physical development.
"Historic Integrity" is the authenticity of a property's historic identity evidenced by the presence of characteristics that existed
during the time period in which the property attained historic significance. As defined by the National Park Service, and in
accordance with the accepted standards of professional best practices, historic integrity is the conglomeration of seven aspects:
location,design,setting, materials,workmanship,feeling,and association.
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"Historic Landmark" is a type of historic resource that meets the eligibility criteria established in Section 9103.17.060 of this
Chapter,retains sufficient integrity,and has been formally designated by the City.
"Historic Resource"means the broad category of all historic resource types that are significant in the history or prehistory of the
city, region, state, or nation. Historic Resources include resources listed in or found eligible for listing in the National Register of
Historic Places, California Register of Historical Resources, or Arcadia Register of Historic Resources. Historic resources can
include buildings,structures,objects,sites,and historic districts.
"Historic Resource Evaluation/Assessment"means a detailed study of a property to determine its eligibility for national,state,
or local historic landmark designation.A historic resource evaluation/assessment generally results in a report including in-depth,
property-specific information about the resource. This information typically includes an ownership/occupant history; historic
contexts and themes of significance; construction dates; a physical description of the resource, including its architectural style,
materials,and setting;approximate dates of exterior alterations;character-defining features;and a historic integrity analysis.
"Historic Resources Survey"means a neighborhood or citywide survey to identify eligible historic resources,including buildings,
structures,objects,sites,and historic districts.A historic resources survey generally results in a list of properties that are potentially
eligible for national,state,or local landmark designation.
"Iconic"means a property that exhibits the City's unique character,history,or identity,and/or has been visited and photographed
so often by residents and visitors to the city that it has become inextricably associated with Arcadia in the popular culture and forms
part of the city's identity to the world at large.
"Major Additions"(or"Major Enlargements")refer to residential enlargements larger than 500 square feet or 25 percent of the
existing gross floor area before the addition, and nonresidential enlargements equal to or exceeding 25 percent of the existing
gross floor area before the addition. See Section 9107.19(Site Plan and Design Review),Article IX of the Arcadia Development
Code for more information regarding what constitutes a Residential/Nonresidential Enlargement.
"Major Alterations"(or"Major Modifications/Changes")are defined in Section 9103.17.080(C)of this Chapter.
"Mills Act Historic Property Contract"(or"Mills Act Contract")shall mean the historic property contract between the City and
the property owner that provides the potential for reduced property taxes in return for the rehabilitation,restoration,and preservation
of a historic resource,pursuant to California Government Code Sections 50280 through 50289,Chapter 1,Part 1,Title 5.
"Minor Alterations"(or"Minor ModificationslChanges")are defined in Section 9103.17.080(D)of this Chapter.
"Negligible Alterations"(or"Negligible ModificationslChanges")are defined in Section 9103.17.080(E)of this Chapter.
"Nomination"means a nomination of a historic resource for placement in the Arcadia Register of Historic Resources pursuant to
this Chapter.
"Non-Contributing Resource" (or"Non-Contributor")means any building, structure, object, site, sign, area, place, or natural
feature within a historic district that does not meet the criteria for eligibility,does not contribute to the district's historic,cultural,or
architectural significance,and therefore is not a historic resource for the purposes of this Chapter.
"Qualified Professional(s)"shall mean any of the following professions/occupations:
• Archaeologist shall refer to an archaeologist who meets and/or exceeds the Secretary of the Interior's Professional
Qualifications Standards in archaeology,as defined by the National Park Service(Code of Federal Regulations,36 CFR
Part 61).
• Architectural Historian shall refer to an architectural historian who meets and/or exceeds the Secretary of the Interior's
Professional Qualifications Standards in architectural history,as defined by the National Park Service(36 CFR Part 61).
• Historian shall refer to a historian who meets and/or exceeds the Secretary of the Interior's Professional Qualifications
Standards in history,as defined by the National Park Service(36 CFR Part 61).
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• Historic Architect shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior's Professional
Qualifications Standards in historic architecture,as defined by the National Park Service(36 CFR Part 61).
• Structural Engineer shall refer to any individual registered by the State of California to practice structural engineering
and to use the title Structural Engineer pursuant to the State of California Business and Professions Code, Chapter 7,
Section 6701.
"Rebuild"shall refer to any activity where more than 50 percent of the existing foundation/floor assembly or more than 50 percent
of the exterior walls of a building are removed. See Section 9109.01 (Definitions),Article IX of the Arcadia Development Code.
"Relocation"shall refer to the process of physically transporting a building,structure,or object from one location to another.
"Secretary of the Interior's Standards for the Treatment of Historic Properties"(or"Secretary of the Interior's Standards")
means the Standards and Guidelines developed by the United States Department of the Interior, National Park Service for the
preservation,rehabilitation,restoration,and reconstruction of historic resources.In accordance with California Code of Regulations
Title 14, Chapter 3, Section 15064.5, 15126.4(b)(1), and 15221, physical changes to historic resources that conform with the
Secretary of the Interior's Standards are generally considered to be mitigated to a level of less than significant under CEQA and
may be eligible for a Class 31 Categorical Exemption.
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Division 4:
Regulations for Specific Land Uses and Activities
9104.02.200 Kennels; Animal Board and Care
A. Purpose and Applicability. The provisions in this Subsection shall apply to kennels and similar animal board and care
facilities, as defined in Division 9(Definitions) and where allowed in compliance with Division 2(Zones,Allowable Uses, and
Development Standards).
B. Location Restricted. No person shall keep more than three dogs over the age of four months in any place
250 feet of any dwelling in the City. • . - . - -• • . - , - •-• - . • S. • .. - • • . . •-
owner-of-such degs. Commercial animal kennel/boarding business as permitted under Division 2 (Zones, Allowable Uses,
and Development Standards)shall not be located 250 feet from a residentially zoned property.
C. Permit Required.No person shall carry on the business of keeping dogs for breeding purposes or for the purpose of medical
treatment of dogs,or caring for dogs for hire,without first obtaining a permit from the Council,subject to Article VI, Chapter 1,
Part 2, Division 6(Keeping,Treating and Breeding)of the Municipal Code,to keep or maintain a kennel.
9104.02.210 Live/Work Units
A. Purpose and Applicability. The provisions in this Subsection shall apply to live/work units, as defined in Division 9
(Definitions) and where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Standards).
Live/Work units are considered nonresidential facilities and counted towards the nonresidential floor area ratio, not the
residential density.
B. Limitations on Use. The nonresidential component of a live/work project shall be a use allowed within the applicable zone
in compliance with Division 2(Zones,Allowable Uses, and Development Standards).A live/work unit shall not be allowed to
include any of the following land uses or activities:
1. Vehicle Repair and Service
2. Maintenance and Repair Services
3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.
4. Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.
5. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the
possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust,glare,
heat,noise,noxious gasses,odor,smoke,traffic,vibration or other impacts,or would be hazardous because of materials,
processes, products,or wastes.
ground floor building area.
a-Design Standards
1. Floor Area Requirement. A . . . . •••••••.•• .. . .. . . ... .. . . .! .... -
feet.The nonresidential portion of the live/work unit shall be at least 25 percent,but no more than 50 percent,of the area
of each unit, in order to ensure that the residential commercial portion remains accessory to the primary residential
commercial-use and comply with California Building Code requirements.All floor area other than that reserved for living
space shall be reserved and regularly used for working space.
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2. Separation and Access of Individual Units. Each live/work unit shall be separated from other units and other uses in
the building.Access to each unit shall be provided from shop fronts,directly from the sidewalk parallel to the primary or
secondary street,from common access areas,corridors,or halls.The access to each unit shall be clearly separate from
other live/work units or other uses within the building. Living space shall be located in the rear ground level or second
floor and above to maintain activity and commercial access along the frontage.
3. Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate nonresidential
uses as evidenced by the provision of ventilation, interior storage,flooring,and other physical improvements of the type
commonly found in exclusively nonresidential facilities used for the same work activity.
4. Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an
integral part of the live/work unit and not separated(or occupied and/or rented separately)from the work space,except
that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Subsection,
and living and working space may be separated by interior courtyards or similar private space.
D €Operating Requirements
5. Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a
household of which at least one member shall be the business operator.
6. Business License Required. At least one of the residents of a live/work unit shall be required to have a business
license with the City of Arcadia, issued pursuant to Municipal Code Article VI (Businesses, Professions, Trades, and
Occupations).
7. Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial
space for any person not living in the premises or as a residential space for any person not working in the same unit.
8. Non-Resident Employees. One person who does not reside in the live/work unit may work in the unit unless this
employment is prohibited or limited by the minor use permit.The employment of two or more persons who do not reside
in the live/work unit may be permitted, subject to minor use permit approval, based on additional findings that the
employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons
who do not reside in the live/work unit shall comply with all applicable Building Code, Occupational Safety and Health
Administration(OSHA),and other state and federal regulations.
9. Client and Customer Visits. Client and customer visits to live/work units are permitted subject to any applicable
conditions of the minor use permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent
residentially zoned areas or uses.
9104.02.220 Mobile Food Vending
Amended by Ord.No.2347
A. Purpose and Applicability. The purpose of this Subsection is to ensure that off-street mobile food vending is compatible
with surrounding and adjacent uses and does not create an adverse impact on adjacent properties by reason of noise,parking
and litter. Mobile food vending in the right-of-way is subject to Arcadia Municipal Code Section 3231 et seq. (Selling and
Distributing on Streets).
B. Special Events that Include Mobile Food Vending. The provisions of this Subsection shall not apply to persons operating
a mobile vendor vehicle as part of a certified farmer's market, or an authorized street fair or other event occurring under a
special permit issued by the City of Arcadia, provided that the vehicle is part of the event and is complying with all terms of
the permit or permits issued for the event.
C. Temporary Use Permit Required. No mobile vendor vehicles shall operate on private property without filing for and receiving
approval of a Temperarty Temporary Use Permit. No Temporary Use Permit shall be issued for a mobile vendor vehicle
unless it conforms to the requirements of this Subsection and the findings can be made under the Temporary Use Permit
requirements.
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D. Operational Requirements. Mobile vendor vehicles operating on private property shall comply with the following
requirements:
1. Written Approval of Owner. The written approval of the owner of the location shall be obtained.A copy of this approval
shall be provided to the Director with the Temporary Use Permit application,prior to operating at the location.The vendor
shall maintain proof of the owner's approval in the vehicle.The person operating the mobile vendor vehicle shall present
this proof upon the demand of a peace officer or city employee authorized to enforce this article.
2. Impervious Surface Parking. The vehicle shall only be stopped,standing or parked on surfaces paved with concrete,
asphalt or another impervious surface.
3. Litter Removal.The mobile vendor vehicle and surrounding property shall be maintained in a safe and clean manner at
all times.The mobile food vendor must remove litter caused by its products from any public and private property within
a 25-foot radius of the vending vehicle's location.
4. No Discharge of Liquid. The mobile food vendor shall not discharge any liquid (e.g., water, grease, oil,etc.)onto or
into City streets,storm drains,catch basins,or sewer facilities.All discharges shall be contained and properly disposed
of by the mobile food vendor.
5. Temporary Shade Structures. Temporary shade structures shall be removed whenever the mobile vendor vehicle is
not operating.
6. Noise. The mobile food vendor shall be subject to the noise provisions set forth in Article IV, Chapter 6 (Noise
Regulations)of the Arcadia Municipal Code.The operation shall at all times be conducted in a manner not detrimental
to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.The applicant shall
prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises.No amplified music or
loudspeakers shall be permitted.
7. Hours of Operation. No mobile food vending shall operate before 8:00 AM or after 11:00 PM,including set-up and clean-
up.
8. Business License Required. The mobile food vendor must have a valid business license issued by the City pursuant
to Municipal Code Article VI(Businesses,Professions,Trades,and Occupations).As part of its application for a business
license,the mobile food vendor shall furnish to the City evidence of insurance,as deemed acceptable in the reasonable
discretion of the City, against liability for death or injury to any person as a result of ownership, operation,or use of its
vending vehicles.
9. Health Permit Required. The mobile food vendor must have a valid permit issued by the Los Angeles County
Department of Health. All required County Health permits must be in the possession of the mobile food vendor at all
times during which it operates within the City.
10. Fire Department Inspection. All mobile food vendors'vending vehicles shall be inspected and approved by Arcadia
Fire Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the
Arcadia Fire Department. At a minimum, all cooking equipment producing grease laden vapors shall be protected by a
UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending
vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals
required by the California Fire Code.
9104.02.290 Shopping Cart Containment and Retrieval
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A. Purpose. This Subsection provides standards for the location, development, and operations of businesses that use 10 or
more shopping carts in the City. Shopping carts as defined in Division 9(Definitions), when removed from the premises of
such businesses and left abandoned on public or private property throughout the city constitute a public nuisance and a
potential hazard to the health and safety of the public.
B. Unauthorized Removal of Shopping Carts from the Premises.Unauthorized removal of a shopping cart from the premises
or parking area of a retail establishment is prohibited. Procedures related to removal and possession of any shopping carts
shall be pursuant to Business and Professions Code,Sections 22435 et seq.In addition,all provisions of this Subsection shall
apply. In the case of conflict between this Subsection and the above referenced sections of the Business and Professions
Code,the Business and Professions Code shall apply.
1. Signs Affixed to Carts.Every shopping cart made available for use by customers shall be an identified cart as defined
in this article, with permanently affixed sign(s) meeting the requirements of Business and Professions Code Section
22435.1.
2. Business Premise. Conspicuous signs shall be placed and maintained on the premises near all customer entrances
and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts
from the premises is prohibited by State law.
C. Containment and Retrieval Plan Required. Approval of a Containment and Retrieval Plan is required for any business with
10 or more shopping carts available for use by customers on their property,except as otherwise specifically exempted by this
Subsection.The plan shall be intended to discourage removal of carts from the owners premises and to facilitate recovery of
the carts.Upon request,shopping cart owners shall provide to the director information,including but not limited to,information
concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed
reasonable by the director to determine the adequacy of the shopping cart containment system or control method.
D. Physical Containment Measures Required.Specific physical measures shall be implemented and maintained by the owner
to prevent and deter the removal of shopping carts from the premises.The physical measures the owner will make shall be
specifically identified in the cart containment plan and may include, but are not limited to,the following:
1. Disabling devices installed and maintained on carts;
2. Maintaining one or more designated employees assigned the responsibility to deter or stop customers from removing
shopping carts from the premises;
3. Preventing any shopping carts from being taken outside the confines of building exits unless accompanied by an
employee of the business;
4. Physical barriers,including devices placed on the carts themselves,which effectively prevent transporting shopping carts
into the parking area or off the premises while maintaining accessible paths of travel compliant with state Title 24, Part
2,California Building Code and federal Americans with Disabilities Act;
5. Requiring security deposits by customers for cart use or rental or sale of carts to customers.
Written approval of the property owner shall be provided to the City for any physical measures required by the plan to be
installed on the property of the retail shopping center or multi-store complex in which the retail establishment is located.
E. Cart Confinement. An owner shall install and/or implement each method of containment described in the city approved cart
containment and retrieval plan.All shopping carts located on the premises of any business(other than an establishment open
for business twenty-four hours per day) shall be collected at the end of each business day by employees of the retail
establishment and shall be collectively confined in a secure manner in the cart confinement area, as designated in the
approved cart containment plan, until the commencement of the next business day. The provisions of this subsection shall
not apply to any shopping carts located within an enclosed building. Methods of containment may include,but are not limited
to,the following:
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1. Electronic or other disabling devices installed on the shopping carts that prevent their removal from the business
premises;
2. Bollards or other structures installed or erected on the perimeter of the business premises that restrict shopping carts to
these premises,while maintaining accessible paths of travel compliant with California Title 24,Part 2,California Building
Code and federal Americans with Disabilities Act;
3. Use of courtesy clerks to accompany customers to their vehicles and return shopping carts to the store;
4. Security deposit for patron's use of a shopping cart;and/or
5. Other demonstrably effective method,approved by the director,which is likely to prevent cart removal from the business
premises.
F. Screening.When the shopping cart corral is located along the entry or adjacent to the building,a four foot block wall shall be
installed to screen the shopping carts from public view.The block wall shall be incorporated to the design of the building and
shall match the colors and material of the building.
G. Employee Training.The owner of the business establishment shall implement and maintain a periodic training program for
its new and existing employees, designed to educate such employees concerning the requirements of this article and the
provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
H. Cart Retrieval.The shopping cart owner shall secure and continuously maintain a service to retrieve shopping carts which
have been removed from their store premises within 24 hours of the removal, or notice of removal. Service shall only be
established with a person or business entity engaged in the business of shopping cart retrieval who possesses a valid City of
Arcadia business license(pursuant to Municipal Code Article VI,Businesses,Professions,Trades,and Occupations)and any
other requisite approval, license,or permit.
I. Abandoned Shopping Carts-Abatement, Removal,and Storage
1. Impounding. The City may impound a shopping cart that has a permanently affixed sign, in conformity with this
Subsection,provided both of the following conditions have been met:
a. The shopping cart is located outside the business premises.
b. The shopping cart is not retrieved within three(3) business days from the date the shopping cart owner receives
actual notice from the City of such cart's discovery and location.
2. Immediate Retrieval. Notwithstanding other provisions of this Subsection,the City may immediately retrieve a shopping
cart from public or private property when the location of such cart will impede emergency services,as determined by the
Director or his or her designee.
3. Location of Impoundment. Any shopping cart that has been impounded by the City pursuant to Subparagraph a.or b.
(Impounding)of this Subsection shall be held at a location that is reasonably convenient to the shopping cart owner and
is open for business at least six hours of each business day.
4. Cost Recovery. When the City has impounded a shopping cart pursuant to Subparagraph a.or b.(Impounding)of this
Subsection,the City may recover its actual costs for providing such service.
5. Fines for Impoundment. The City may fine a shopping cart owner fifty dollars for each occurrence in excess of three
during a six-month period for failure to retrieve shopping carts in accordance with this Subsection. For purposes of this
paragraph, an occurrence shall include all shopping carts impounded in accordance with this Subsection during a
calendar day.
6. Unclaimed Carts. The City or its authorized agent may sell or dispose of any shopping cart not reclaimed by the owner
within 30 calendar days of receipt of actual notice from the City.
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7. No Required Signage. Notwithstanding other provisions of this Subsection, the City may immediately impound, sell
and/or dispose of any shopping cart that does not contain a permanently affixed sign required pursuant to this Subsection
and whose ownership cannot otherwise be ascertained.
J. Revocation.An approved plan may be revoked by the Director upon his/her determination that any of the following grounds
for revocation exist,and shall be subject to revocation procedures of Section 9108.09(Permit Modifications and Revocations):
1. The owner of any retail establishment has received notice that the establishment is operating,or is permitting operation
of,the retail establishment in violation of one or more of the provisions of said approved plan(s)and has failed to correct
said violation(s)for a period of at least 60 calendar days following the date of receipt of written notice of such violation(s)
from the City.
2. The mandatory Cart Containment and Retrieval Plan is inadequate to reasonably prevent the removal of shopping carts
from the premises of the retail establishment or to reasonably provide for the prompt retrieval of lost,stolen,or abandoned
shopping carts which have been removed from the premises of the retail establishment.
K. Use of Shopping Carts Following Revocation Is Prohibited.No retail establishment owner shall provide or make available
shopping carts for the use of customers following the effective date of any decision revoking a required Cart Containment and
Retrieval Plan pursuant to this Subsection unless and until a new proposed Cart Containment and Retrieval Plan is approved
by the City for such retail establishment.
L. Existing Businesses.All existing businesses that use 10 or more shopping carts shall comply with all applicable standards
of this Section 9104.02.290(Shopping Cart Containment and Retrieval)by January 1,2020.
9104.02.330 Sports Courts in Residential Zones
A. Purpose and Applicability. This Subsection provides standards for the location, development, and operations of sports
courts, as defined in Division 9(Definitions), in a residential zone and where allowed in compliance with Division 2 (Zones,
Allowable Uses, and Development Standards). The purpose is to ensure that such standards and regulations reasonably
restrict and minimize any detrimental effect of the location and design and use of such courts on the occupants of adjoining
properties and the neighborhood.Sports courts that do not require the installation,temporarily or permanently,of nets,stands,
seats, poles, lighting,fencing, windscreen, and any structure, and do not propose grading to accommodate the sport court,
are exempt from the provisions of this Subsection.
B. Site Plan and Design Review Required. No person or persons shall construct, erect, or maintain a sports court in a
residential zone without filing for and receiving approval of Site Plan and Design Review. Site Plan and Design Review shall
not be approved for a sports court in a residential zone unless its use is accessory to a primary residential use of a residentially
zoned parcel and is to be located on the same parcel as the primary residential use and conform to the requirements of this
Subsection.
C. Standards
1. Setback from Property Lines for R-M,R-0,-AND and R-1 Zones
a. Sports courts,including slabs,fences,and light standards accessory thereto,shall be subject to the same side and
front setbacks required for a one-story main structure in the zone in which they are located.
b. Sports courts,including slabs,fences,and light standards accessory thereto,shall be located not less than five feet
from the rear property line.
2. Setback from Property Lines for R-2 and R-3 Zones. In the R-2 and R-3 zones, sports courts, including slabs and
fences,shall be subject to the same front,side,and rear setbacks required for a two-story structure in the zone in which
they are located.
3. Grade. The grade for a sports court proposed on sloping terrain shall be established at the surface level of the court at
the lowest elevation of the natural terrain.
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4. Fencing
a Height. The height of any fence enclosing any sports court shall not exceed 12 feet above the finished surface of
the sports court.All portions of such fence which exceed six feet above the finished surface of the court shall consist of
open fencing.
b Windscreens. Windscreens of plastic,canvas,or similar material may be attached to the fence enclosing a sports
court,provided such windscreens do not extend to a height greater than six feet above the finished surface of the court.
However,where the entire sport court is located 25 feet or more from all property lines,the windscreens may extend to
the height of the court fence.
5. Lighting
a. Height. Light standards shall not exceed 20 feet in height, measured from the finished surface of the sport
court.
b. Type. - .. .•- • _ - •- .- .. . •. ••. . •.• !!! . _..•. Lamps shall be horizontally
mounted, rectilinear-type, sharp cutoff fixtures. Lamps shall not create an intensity of greater than one foot-
candle above the ambient neighborhood lighting.All permitted lighting shall be so arranged as to be directed
onto the property from which the light originates and not to directly reflect upon any other residentially zoned
parcel.
c. Number.Sports courts lights shall be limited to no more than eight lamps.
e. Hours of illumination.No person or persons shall turn on,leave on,or allow to be left on or turned on,sports
court lights between 11:00 PM Sunday through Thursday and 6:00 AM of the following day,and between 12:00
midnight Friday and Saturday and 6:00 AM of the following day.
g. Agreement required.Each property owner and contractor installing light fixtures shall execute an agreement
available in the Planning Community Development Department agreeing that the court lights shall be installed
and shielded so that the light source shall not be visible beyond the property line and that the light intensity
shall not exceed one foot-candle above ambient at the property line,and that if it does,the Minor Use Permit
issued subject to this Subsection may be revoked by the Director, in addition to other remedies available
subject to law.
6. Landscape Plan. A landscape plan shall be submitted and approved by the Director for the areas between any sports
court and adjacent properties.
7. Solid Wall. A minimum six-foot-high solid masonry wall shall be installed on the property lines between the sports court
and adjacent properties. In the R-M, R-0 and R-1 zones,where the entire side of a sports court is a minimum distance
of 25 feet from a property line or the sport court is located at least 12 feet below grade of the property line, a minimum
six-foot-high solid masonry wall shall not be required along the property line.
8. Commercial Use Prohibited. A residential accessory sports court shall be used only by the occupants of the main
residential dwelling(s)on the same parcel.This shall not be construed to prohibit the use of the court by invited guests.
However,no sports court shall be rented nor used as a private club,nor for commercial instruction of players other than
occupants of main residential dwelling(s)on the same parcel,nor used in any way for purely commercial purposes.
9. Multiple-Family Zone Space. No more than 30 percent of the requirement for open space shall be devoted to sports
court development.
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Division 5:
Subdivisions
Section 9105.01 - General Provisions
9105.01.100 Processing Fees
A. Council Shall Set Fees. The Council,by resolution, shall set reasonable fees in connection with this Division,including but
not limited to fees and deposits for processing tentative tract and parcel maps and final and final parcel maps;fees for giving
notice of public hearings; fees for copying and distributing written reports on tentative maps; fees for processing lot line
adjustments, mergers, and reversions to acreage; and fees and deposits related to the other procedures and requirements
specified in this Division.
B. Fee Schedule. This schedule of fess fees shall be referred to in this Development Code as the Fee Schedule.
C. Payable to the City. All required fees and deposits shall be payable to the City in compliance with the Fee Schedule
established by resolution of the Council,as it may be revised from time to time.
Section 9105.03 -Tentative Map Filing and Processing
9105.03.060 Tentative Map Approval or Denial
In order to approve or recommend the approval of a tentative parcel or tract map and conditions of approval,or to deny the tentative
parcel or tract map, the review authority, as designated in Table 5-1 (Designated Review Authorities), shall first make all of the
findings required by this Subsection. In determining whether to approve a tentative parcel or tract map,the City shall apply only
the ordinances, policies, and standards in effect on the date the Department determined that the application was complete in
compliance with Subsection 9105.03.030(Tentative Map Filing, Initial Processing), except where the City has initiated General
Plan, specific plan, or Development Code amendments, and provided public notice as required by Government Code Section
66474.2.
A. Required Findings for Approval
1. Mandatory Findings Required. The review authority shall approve a tentative parcel or tract map only after first making
all of the following findings, as required by Government Code Sections 66474 and 66474.6. The findings shall apply to
each proposed lot as well as the entire subdivision,including any lot specified as a designated remainder in compliance
with Government Code Section 66424.6.
a. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable
specific plan,and this Division;
b. The site is physically suitable for the type,and proposed density of development;
c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;
e The design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at
large for access through or use of,property within the proposed subdivision.
(1) This finding may also be made if the review authority finds that alternate easements for access or use will be
provided,and that they will be substantially equivalent to ones previously acquired by the public.
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(2) This finding shall apply only to easements of record, or to easements established by judgment of a court of
competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public
at large has acquired easements of access through or use of property within the proposed subdivision.
f. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation
of existing requirements specified by the California Regional Water Quality Control Board;
and
g#. That 4the proposed subdivision, its design, density, and type of development and improvements -
subdivision conforms to the regulations of this Development Code and the regulations of any public agency having
jurisdiction by law.
2. Additional Specific Findings Required. If the proposed subdivision is a conversion of residential real property into a
condominium,a community apartment project,or a stock cooperative,the review authority shall first make the additional
finding that the proposed subdivision complies with the requirements of Government Code Sections 66427.1(a), 66451,
and 66452 before approving the proposed subdivision. It is the responsibility of the applicant to comply with all of these
requirements. The specific findings include all of the following:
a. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has
received written notification of intention to convert at least 60 days before the filing of a tentative map in compliance
with Government Code Section 66452;
b. Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will
have, received all applicable notices and rights required in compliance with Government Code Sections 66451 and
66452; and
c. Each of the tenants received 10-day written notification that an application for a public report will be, or has been,
submitted to the State Department of Real Estate, and that the report will be available on request.
3. Findings under an EIR. Notwithstanding the finding required by Subparagraph A.1.c.,above,the review authority may
approve a tentative map,or a parcel map for which a tentative map was not required,if an Environmental Impact Report
(EIR) was prepared for the project and a finding is made in compliance with Public Resources Code Section 21081
Subdivision (a) Paragraph (3), that specific economic, social, or other considerations make the mitigation measures or
project alternatives specified in the EIR infeasible.
B. Supplemental Findings. In addition to the findings specified in Subparagraph A, above, the review authority shall not
approve a tentative parcel or tract map unless it can also make the following findings,when they are applicable to the specific
subdivision proposal.
1. Construction of Improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel
map,the construction of improvements for the subdivision within a specified time after the recordation of the parcel map
is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the
surrounding area.
2. Waiver of Parcel Map. The findings required by Subsection 9105.05.020(Waiver of Parcel Map), if waiver of a parcel
map has been requested with the tentative map application.
C. Time Limits. The time limits for acting and reporting on tentative parcel or tract maps and appeals, as specified in this
Division and by the Act, may be extended by mutual consent of the subdivider and the applicable review authority.
D. Appeals. The subdivider or any interested person adversely affected by a decision of the review authority with respect to a
tentative parcel or tract map may appeal, in compliance with the applicable appeals procedures specified in Government
Code Section 66452.5, Section 9108.07(Appeals), and as follows:
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1. If the Commission is the review authority, then the appeal shall be to the Council which is established as the appeals
board.
2. If the review authority is not the Commission,then the first appeal shall be to the Commission.The Commission's decision
may be appealed to the Council.
3. Any appeal shall be filed with the applicable review authority within 10 days after the action of the review authority from
which the appeal is being taken.
4. Before accepting for filing of an appeal,the City shall charge and collect an appeal fee which shall be paid in compliance
with the Fess Fee Schedule.
5. Upon the filing of an appeal, the applicable review authority shall set the matter for a public hearing. The hearing shall
be held within 30 days after the date of filing the appeal.
6. The hearing shall be noticed as specified in Subsection 9105.03.050(Tentative Map Public Hearing and Action),above.
7. Within 10 days following the conclusion of the public hearing, the applicable review authority shall declare its findings
based upon the testimony and documents produced before it.The review authority may sustain,modify,or overrule any
recommendations or rulings of the previous review authority and may make the findings specified in Subsection
9105.03.060(Tentative Map Approval or Denial),above.
E. Modifications to the Tentative Map
1. Changes before Approval. Modifications to the submitted tentative parcel or tract map may be made by the subdivider
during the review and hearing process, and before subdivision approval, upon the approval of the Director or the
applicable review authority.A tentative parcel or tract map modified before action by the applicable review authority need
not be renoticed for public hearing. If a tentative parcel or tract map has been appealed to the Council, that map shall
not be modified and approved without first receiving a report and recommendation from the previous applicable review
authority (i.e., Director, City Engineer, or the Commission), in compliance with Table 5-1 (Subdivision Review
Authorities).
2. Changes Following Approval. Once a tentative parcel or tract map is approved,any changes shall be in compliance
with Subsection 9105.03.120(Amendments to Approved Tentative Maps and Conditions).
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Division 7:
Permit Processing Procedures
Section 9107.03-Application Processing Procedures
Subsections:
9107.03.010 Purpose and Intent
9107.03.020 Application Submittal
9107.03.030 Eligible Applicants
9107.03.040 Submittal Requirements
9107.03.050 Filing Fees and Requirements
9107.03.060 Initial Application Completeness Review
9107.03.070 Environmental Assessment
9107.03.080 Application Review and Determinations
9107.03.010 Purpose and Intent
Amended by Ord. No. 2347
Amended by Ord. No. 2363
A. This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit
applications required by the City and specified in this Development Code.
B. Table 7-1 (Review Authority),identifies the Review Authority responsible for reviewing and making decisions on each type of
application required by this Development Code.
Table 7-1
Review Authority
Applicable Role of Review Authority(1)
Type of Action Code
Section Director Commission Council
Legislative Actions
Development Agreements and Amendments 9107.11 Recommend(1) Recommend Decision
Development Code Amendments 9108.03 Recommend(1) Recommend Decision
General Plan Amendments 9108.03 Recommend(1) Recommend Decision
Specific Plans and Amendments 9107.21 Recommend Recommend Decision
Zoning Map Amendments 9108.03 Recommend Recommend Decision
Planning Permits and Approvals and Administrative Actions
Administrative Modifications 9107.05 See Table 7-2 for specified thresholds
Certificates of Demolition 9107.07 Decision Appeal Appeal
Conditional Use Permits 9107.09 Recommend Decision(2)(4) Appeal
Home Occupation Permits 9107.13 Decision(3) Appeal Appeal
Interpretations 9101.03 Decision(3) Appeal Appeal
Minor Use Permits 9107.09 Decision(3) Appeal Appeal
Planned Developments 9107.15 Recommend Decision(4) Appeal
Reasonable Accommodations 9107.17 Decision(3) Appeal Appeal
Sign Permits 9103.11 Decision(3) Appeal Appeal
Site Plan and Design Review 9107.19 Decision(3) Decision/ Appeal
(See Table 7-3 for specified thresholds.) Appeal(4)
Site Plan and Design Review: Homeowners 9107.20 Decision(6) Appeal Appeal
Association Areas
(See Table 7-4 for specified thresholds.)
78
Temporary Use Permits 9107.23 Decision(3) Appeal Appeal
Protected Tree Permits
Preservation,and 9103.18 Decision Appeal Appeal
Removal of Dead, Diseased,and
Hazardous Tree
Tree Encroachment 9103.18 Decision Appeal Appeal
Removal of Healthy Tree 9103.18 Decision Appeal Appeal
Variances 9107.25 Recommend Decision(4) Appeal
Zoning Clearances(ADU) 9107.27 Issue Appeal(5) Appeal(5)
Notes:
(1) "Recommend"means that the Review Authority makes a recommendation to a higher decision making body;"Decision"means that
the Review Authority makes the final decision on the matter;"Issue"means that the Review Authority grants the Zoning Clearance
after confirming compliance with all applicable provisions of this Development Code;and"Appeal"means that the Review Authority
may consider and decide upon appeals to the decision of an earlier decision making body,in compliance with Section 9108.07
(Appeals).
(2) The final Review Authority for a Conditional Use Permit granting a Density Bonus,in compliance with Section 9107.03(Application
Processing Procedures)shall be the Council,with the Commission first making a written recommendation to the Council.
(3) The Director may defer action and refer the request to the Commission for consideration and final decision.
(4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.
(5) A Zoning Clearance(ADU)may only be appealed if a determination pursuant to 9103.070.050.D.4.a or 9107.27.030.D.1 has been
made.
(6) For Site Plan and Design Review: Homeowners Association Areas,the Director Review shall include reviews by the
Director under the City Review process, reviews by the HOA ARB Chairperson under the Short Review process and
reviews by the HOA Architectural Review Board under the Regular Review process.
9107.05.040 Allowed Modifications, Review Authority, and Noticing Requirements
Amended by Ord.No.2347
Amended by Ord. No.2369&2370
A. Table 7-2. In order to secure an appropriate improvement of a parcel, prevent an unreasonable hardship,and/or to promote
uniformity of development,the applicable Review Authority shall have the authority to approve,conditionally approve,or deny
Administrative Modifications for those matters specified in Table 7-2(Allowed Modifications, Review Authority, and Noticing
Requirements), below. Table 7-2 also identifies the applicable Review Authority responsible for reviewing and making
decisions on each type of Administrative Modification application allowed by this Section, as well as the type of notice or
hearing,if any, required by this Section.
Table 7-2
Allowed Modifications, Review Authority, and Noticing Requirements
Minor Director's Major Director's Commission's
Type of Administrative Modification Allowed Review Review Review
No Notice or Notice,but No Notice and
Hearing Required Hearing Required Hearing Required
Accessory dwelling units—objective design standards X
Accessory dwelling units-unit sizes that exceeds the fac FAR X
Accessory dwelling units—Setbacks X
..• - ••••e - • :..!:• •- -- -• X
.. . - •.. • I. l . .
stwstares
Apartment unit sizes X
Conversions of existing attic areas within main dwellings in the R- X
M,R-0,and R-1 zones; provided the requests do not result in an
additional structure story or any exterior alterations within
required setback areas
Distance between structures X
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Table 7-2
Allowed Modifications, Review Authority, and Noticinc Requirements
Minor Director's Major Director's Commission's
Type of Administrative Modification Allowed Review Review Review
No Notice or Notice,but No Notice and
Hearing Required Hearing Required Hearing Required
Driveway and parking stall size requirements(Residential zones) X
Driveway and parking stall size requirements(Commercial, X
Industrial,and Downtown zones)
Fence,wall,and hedge regulations,except along the street side X
of a corner parcel
Fence and landscaped buffer regulations(Subsection X
9106.09.020 B.)
Front lot line determination X
Front yard setback for additions to existing structures X X
( or eciat
Setbacks-Only)
Height of noncommercial structures-Solar panels only X
Height of noncommercial structures X
Interior side setbacks in the R-M, R-0,and R-1 zones for X
detached accessory structures
Interior side setbacks in the R-M, R-0,and R-1 zones for single- X
story additions to an existing dwelling where the portion of the
addition(s)which does not comply with the setback requirements
consists of a total of 30 linear feet or less and maintain(s)the
same or greater setback than the existing structure walls;and
further provided,a minimum interior side setback of three feet in
the R-1 and five feet in the R-M and R-0 zones is maintained
Interior side setbacks in the R-M, R-0,and R-1 zones for single- X
story additions to an existing dwelling where the portion of the
addition(s)which does not comply with the setback requirements
consists of a total of more than 30 linear feet and maintain(s)the
same or greater setback than the existing structure walls;and
further provided,a minimum interior side setback of three feet in
the R-1 and five feet in the R-M and R-0 zones is maintained
Interior side setbacks X
Landscaping and Hardscape Standards X
Loading Requirements X
Lot Size(area,depth,and width) X X
Minimum Density X
Ornamental Features(height or number of features) X
Open Space Standards X
Nonconforming residential structures—alterations or expansions X
(Subsection 9106.05.020)
Nonconforming residential uses—alterations or expansions X
(Subsection 9106.03.010)
Nonconforming single-family residential properties(small X
additions)(Subsection 9106.03.030 A.4.)
Parking Plan X
Perimeter Parking Lot Landscaping X
Reduce the number of required parking spaces in a commercial, X X X
mixed-use,or industrial zoned properties (1-3 Spaces) (4-6 Spaces)(.4 (6 7 spaces or
te-and including5 greater)
&peec)
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Table 7-2
Allowed Modifications, Review Authority, and Noticing Requirements
Minor Director's Major Director's Commission's
Type of Administrative Modification Allowed Review Review Review
No Notice or Notice,but No Notice and
Hearing Required Hearing Required Hearing Required
Rear setbacks X
Rebuilding of single-family dwellings; provided the new portion(s) X
of the project comply with current Development Code
requirements
Setbacks for mechanical and plumbing equipment X X
Setbacks for wireless communication facilities X
.. . . X X
' (Special-Setbacks (All-Gther-s)
Sign regulations X X
Special setbacks;provided a setback from a street shall be X
modified only with a written declaration of the City Engineer that
the modification, if granted,will not adversely affect any
foreseeable need for widening the street
Street side setbacks for first floor additions to existing dwellings X
or for accessory structures
Structure-length X
Subdivision Design and Improvements(Section 9105.01.110) X
Swimming pool regulations X
Tennis and paddle tennis courts—Construction and operations X
standards
Trash Enclosures in Subparagraphs 9103.01.130 C.2.relating X
only to the number and size of enclosures and D.2.the location
of enclosures.
Utility and storage space requirements X
When the maximum number of units allowed in the R-2 and R-3 X
zones has a fractional remainder of.05 or less,the Commission
may allow the maximum number of units to be rounded up to the
next highest whole number,but in no case greater than 30
du/acre in the R-3 zone.
Modifications Only to Commission
Below-grade or subterranean parking in the X
R-M, R-0,and/or R-1 zones,provided the request does not result
in more than one story below grade.
Modification to any of the setbacks for a new dwelling X
Rebuilds X
Second story setback on an existing dwelling X
B. Notice Requirements for Minor Director's Review–Not Required. Neither a notice nor public hearing shall be required
for a Minor Director's Review of an Administrative Modification application. The Director may defer action and refer any
Administrative Modification request to the Commission for consideration and final decision.
C. Notice Requirements for Major Director's Review–Notice Required
1. Notice shall be provided in compliance with Section 9108.13 (Public Notices and Hearings) and shall be mailed to all
owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of
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300 feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property
may,in the judgment of the Director,be affected by the proposed project at least 14 days before the date of the Director's
consideration and final decision as stated in the notice.
2. The mailed notice shall state that the Director will consider and decide whether to approve, conditionally approve, or
deny the Administrative Modification application on a date specified in the notice.
3. The Director may defer action and refer any Administrative Modification request to the Commission for consideration and
final decision.
D. Notice and Hearing Requirements for Commission's Review — Notice and Hearing Required. A notice and public
hearing shall be required for the Commission's decision on an Administrative Modification application. The public hearing
shall be scheduled once the Director has determined the application complete.The notice shall be mailed to all owners of real
property as shown on the latest assessment rolls of the City or of the County,located within a radius of 300 feet of the exterior
boundaries of the parcel that is the subject of the Administrative Modification application. Notice of the public hearing shall be
given and the hearing shall be conducted in compliance with Section 9108.13(Public Notices and Hearings).
E. Appeal Provisions
1. Minor and Major Director's Reviews. The Director's Review of a Minor or Major Administrative Modification may be
appealed to the Commission and then the Council in compliance with Section 9108.07(Appeals).
2. Commission's Review. The Commission's Review of an Administrative Modification may be appealed to the Council
in compliance with Section 9108.07(Appeals).
9107.09.050 Findings and Decision (Conditional Use Permit)
A. Review Authority's Action. The application for a Conditional Use Permit or Minor Use Permit may be approved, approved
subject to subject to conditions,or denied by the Review Authority.
B. Required Findings. The Review Authority may approve a Conditional Use Permit or Minor Use Permit only if it first makes
all of the following findings:
1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the
applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of
this Development Code and the Municipal Code;
■- •. . .. . . ... ... - - - - - 9: .. • _.. . .. -::-;
8. The design, location,size, and operating characteristics of the proposed activity will be compatible with the existing and
future land uses in the vicinity;
4.The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the
use, site improvements .•: . :•.--, .•• -'••, loading, and parking, • - . :., .•: : •-
b. Streets and highways adequate .•. •. • . ..: to accommodate public and emergency vehicle(e.g.,
fire and medical)access;
c. Public protection services(e.g.,fire protection, police protection,etc.); and
d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage,
wastewater collection,treatment,and disposal,etc.).
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4—The measure of site suitability shall be required to ensure that the type,density,and intensity of use being proposed will
not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is
located.
C. Notice of Decision. Within five days following final action by the Review Authority on an application for a Conditional Use
Permit or Minor Use Permit,notice of the decision in the matter shall be mailed to the applicant at the address shown on the
application and to all other persons who have filed a written request for notice with the Department.
9107.11.030 Filing, Processing, and Review (Development Agreement)
A. Filing. An application for a development agreement shall be filed with the City Manager in compliance with Section 9107.03
(Application Processing Procedures).
B. Contents. The application shall be accompanied by all of the detailed data/materials identified in the most up-to-date
Department handout for development agreement applications, in compliance with Section 9107.11.040 (Contents of
Development Agreement),below.
C. Project Review Procedures. Following receipt of a completed application, the City Manager shall investigate the facts
necessary for action consistent with the purpose of this Section and shall prepare a report and recommendation indicating
the application's compliance with the General Plan, any applicable specific plan, this Development Code, and the Zoning
Map. Initial review of the application, including time requirements and requests for information, shall be conducted in
compliance with Subsection 9107.03.060(Initial Application Completeness Review).
D. Notice and Hearings
1. The City Manager, upon finding the application for a development agreement complete and in compliance with the
provisions of the California Environmental Quality Act(CEQA),shall set the application,together with recommendations,
for public hearing before the Commission. Following conclusion of the public hearing, the Commission shall make a
written recommendation to the Council that it approve, conditionally approve, or deny the application, based on the
findings identified in Subsection E.(Findings and Decision), below.
2. Upon receipt of the Commission's recommendations, the City Clerk shall set the application and written report of the
Commission for a public hearing before the Council.
a. Following conclusion of the public hearing,the Council shall approve,conditionally approve,or deny the application,
based on the findings identified in Subsection E.(Findings and decision),below. It may,but need not,refer matters
not previously considered by the Commission during its hearing back to the Commission for report and
recommendation. The Commission may, but need not, hold a public hearing on matters referred back to it by the
Council.
b. The Council may not approve the development agreement unless it first finds that the provisions of the development
agreement are consistent with the General Plan, any applicable specific plan, this Development Code, and the
Zoning Map,
3. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with the following.
a. Notice of the hearings identified in this Subsection shall be given in the form of a notice of intention to consider
approval of a development agreement in compliance with Government Code Section 65867 and Section 9108.13
(Public Notices and Hearings).
b. The notice requirements referred to in this Subsection are declaratory of existing State law (Government Code
Sections 65867, 65090 and 65091). If State law prescribes a different notice requirement, notice shall be given in
that manner. The notices required by this Subsection are in addition to any other notices required by law for other
actions to be considered concurrently with a development agreement.
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c. The Commission and/or Council, as applicable, may direct that notice of the public hearings shall be given in a
manner that exceeds the notice requirements specified by State law.
d. The failure to receive notice by any person entitled to notice required by State law or these regulations does not
affect the authority of the City to enter into a development agreement.
e. The public hearings shall be conducted as nearly as may be in compliance with the procedural standards specified
in Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall
be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed
development agreement.
f. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any
proceeding concerning a development agreement. No action,inaction,or recommendation regarding the proposed
development agreement shall be held void or invalid or be set aside by a court on the ground of the improper
admission or rejection of evidence or by reason of any error, informality, irregularity, neglect, or omission ("error")
as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any
matters of procedure whatever, unless after an examination of the entire case, including the evidence, the court is
of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party
sustained and suffered substantial injury, and that a different result would have been probable if the error had not
occurred or existed.There is no presumption that error is prejudicial or that injury was done if error is shown.
E. Findings and Decision. The Commission may recommend approval and the Council may approve a development
agreement only if it first makes all of the following findings:
1. The development agreement is in the best interests of the City;
The development agreement is consistent with the purpose,intent,goals, policies, programs,and land use designations
of the General Plan, any applicable specific plan, this Development Code,and the Zoning Map;
The development agreement will promote the public convenience, health, interest, safety, general welfare, and good
land use practice;
The project will be compatible with the uses authorized in,and the regulations prescribed for,the zone in which the real
property is located;
The project will not adversely affect the orderly development of property or the preservation of property values;
The project will provide the City with important, tangible benefits beyond those that may be required by the City through
project conditions of approval; and
For development agreements that include a subdivision, that the tentative map prepared for the subdivision will comply
with Government Code Section 66473.7.
Section 9107.19 - Site Plan and Design Review
9107.19.040 Application Filing, Processing, and Review
Amended by Ord. No. 2347
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A. Application Filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Section
9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the
most up-to-date Department handout for Site Plan and Design Review applications, together with the required fee in
compliance with the Fee Schedule.Additionally,the applicant shall reimburse the City for all costs associated with Site Plan
and Design Review performed by the City's architectural and landscape design consultants before final approval of the Site
Plan and Design Review. It is the responsibility of the applicant to provide evidence in support of the findings required by
Subsection 9107.19.050 (Findings and Decision), below. Initial review of the application, including time requirements and
requests for information,shall be in compliance with Subsection 9107.03.060(Initial Application Completeness Review).
B. Review with Other Land Use Applications. If the project for which the request for Site Plan and Design Review is being
made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), then the applicant shall file the
information required by Subsection A (Application filing), above, together for concurrent review with the application for the
companion discretionary approval. Only the formal application and associated fee for the companion discretionary approval
shall be required in order to comply with the Site Plan and Design Review filing requirements.
C. Application Review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is
consistent with the purpose of this Section;applicable development standards and regulations of this Development Code;and
adopted Design Guidelines and policies that may apply.
1. A Site Plan and Design Review is initiated when the Department receives a complete application package including the
required information and materials specified in the Department handout and any additional information required by the
applicable Review Authority in order to conduct a thorough review of the proposed project.
2. Upon receipt of a complete application the applicable Review Authority shall review the location, design, site plan
configuration and the effect of the proposed development on adjacent properties by comparing the project plans to
established development standards,regulations,and applicable Design Guidelines and policies.
3. During the course of the review process, the Review Authority may require the submittal of additional information or
revised plans.The applicant shall be notified in writing of any revisions or additional information required and shall submit
the requested information to the Department within 90 days following the date of the notice or within the period of time
designated by the Review Authority. Failure to submit the required information by the end of the business day on the
90th day,or within the period of time designated by the Review Authority,shall cause the City to consider the application
withdrawn and of no further effect.
4. After the Site Plan and Design Review application has been deemed complete,the Review Authority shall either approve
or deny the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and
necessary to protect the public health, safety and general welfare and ensure compliance with this Section, adopted
Design Guidelines, and various regulations of the City in compliance with Subsection 9107.19.050 (Findings and
Decision),below.
5. The following criteria shall be considered during the review of a Site Plan and Design Review application:
a. Compliance with this Section,this Development Code,and all other applicable City regulations and policies;
b. Efficient site layout and design;
c. Compatibility with neighboring properties and developments;
d. Efficiency and safety of public access and parking;
e. The arrangement and relationship of proposed structures and signs to one another and to other developments in
the vicinity and whether the relationship is harmonious and based on good standards of design;
f. The compatibility in scale and aesthetic treatment of proposed structures with public areas;
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g. The adequacy of proposed driveways,landscaping,parking spaces,potential on-site and off-site parking and traffic
impacts and other potential impacts upon the environment;
h. Appropriate open space and use of water efficient landscaping;
i. Consistency with the General Plan and any applicable specific plan;and
j. Consistency with any adopted Design Guidelines,policies,and standards.
D. On-Site Inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions
identified in this Section.
E. Public Notice,Tenant Notification,Hearing,and Appeal Provisions
1. Director's Site Plan and Design Reviews(Very Minor Review). Neither a public notice nor public hearing shall be
required for the Director's decision on a Site Plan and Design Review(Very Minor Review)application.
2. Single-Family Dwelling Exception. The only exception to the notice and public hearing provisions for the Director's
decision specified in Subparagraph 1., above, is for Site Plan and Design Review for the construction of a new or
modification(i.e.,increase in floor area or the addition of a second story)of an existing single-family dwelling.In the case
of a single-family dwelling,the following notice provisions shall apply:
a. The City shall send a mailed notice stating that the Director will decide whether to approve,conditionally approve,
or deny a Site Plan and Design Review for a single-family dwelling application on a date specified in the notice.
b. The notice shall contain a request for comments on the application.
c. In order to be considered,the comments shall be received by the Director no later than 14 days following the date
specified in the notice.
d. The notice shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or of
the County, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the Site
Plan and Design Review application;and any other person(s)whose property might,in the judgment of the Director,
be affected by the proposed project, in compliance with Section 9108.13(Public Notices and Hearings).
3. Director's Site Plan and Design Reviews(Minor Review). A public notice shall be required for the Director's decision
on a Site Plan and Design Review (Minor Review) application, in compliance with Subparagraph 9107.19.040 E. 2.,
above,as specified for the review of single-family dwellings.
4. Tenant Notification.The property owner shall notify the tenants of the proposed project before the City can deem the
project complete. The notice must be delivered to all existing tenants by Certified Mail from the United States Postal
Service.The letter shall specify the type of development proposed and the contact information of the property owner.
5. Commission's Site Plan and Design Reviews. A public notice and hearing shall be required for the Commission's
decision and the Council's decision,if an appeal of the Commission's decision has been filed,on a Site Plan and Design
Review application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section
9108.13(Public Notices and Hearings).
6. Appeals. The Review Authority's decision may be appealed,in compliance with Section 9108.07(Appeals).
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9107.19.040 Application Filing, Processing, and Review
Amended by Ord.No.2347
A. Application Filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Section
9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the
most up-to-date Department handout for Site Plan and Design Review applications, together with the required fee in
compliance with the Fee Schedule.Additionally,the applicant shall reimburse the City for all costs associated with Site Plan
and Design Review performed by the City's architectural and landscape design consultants before final approval of the Site
Plan and Design Review. It is the responsibility of the applicant to provide evidence in support of the findings required by
Subsection 9107.19.050 (Findings and Decision), below. Initial review of the application, including time requirements and
requests for information,shall be in compliance with Subsection 9107.03.060(Initial Application Completeness Review).
B. Review with Other Land Use Applications. If the project for which the request for Site Plan and Design Review is being
made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), then the applicant shall file the
information required by Subsection A(Application filing), above, together for concurrent review with the application for the
companion discretionary approval. Only the formal application and associated fee for the companion discretionary approval
shall be required in order to comply with the Site Plan and Design Review filing requirements.
C. Application Review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is
consistent with the purpose of this Section;applicable development standards and regulations of this Development Code;and
adopted Design Guidelines and policies that may apply.
1. A Site Plan and Design Review is initiated when the Department receives a complete application package including the
required information and materials specified in the Department handout and any additional information required by the
applicable Review Authority in order to conduct a thorough review of the proposed project.
2. Upon receipt of a complete application the applicable Review Authority shall review the location, design, site plan
configuration and the effect of the proposed development on adjacent properties by comparing the project plans to
established development standards,regulations,and applicable Design Guidelines and policies.
3. During the course of the review process, the Review Authority may require the submittal of additional information or
revised plans.The applicant shall be notified in writing of any revisions or additional information required and shall submit
the requested information to the Department within 90 days following the date of the notice or within the period of time
designated by the Review Authority. Failure to submit the required information by the end of the business day on the
90th day,or within the period of time designated by the Review Authority,shall cause the City to consider the application
withdrawn and of no further effect.
4. After the Site Plan and Design Review application has been deemed complete,the Review Authority shall either approve
or deny the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and
necessary to protect the public health, safety and general welfare and ensure compliance with this Section, adopted
Design Guidelines, and various regulations of the City in compliance with Subsection 9107.19.050 (Findings and
Decision), below.
5. The following criteria shall be considered during the review of a Site Plan and Design Review application:
a. Compliance with this Section,this Development Code,and all other applicable City regulations and policies;
b ; Consistency with the General Plan and any applicable specific plan;
c. Consistency with any adopted Design Guidelines,policies,and standards.
d. Efficient site and layout and design. In terms of the following:
(1) The arrangement and relationship of proposed structures to one another and to other developments in
the vicinity and whether the relationship is harmonious and based on good standards of design;
(2) Efficiency and safety of public access and parking;
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(3) The adequacy of proposed driveways,landscaping, parking spaces, potential on-site and off-site parking
and traffic impacts and other potential impacts upon the environment;
(4) Appropriate open space and use of water efficient landscaping;
e. Compatibility with neighboring properties and developments; in terms of scale and aesthetic treatment of proposed
structures with public areas
d. Efficiency and safety of public-access and parking;
e. The arrangement and relationship of proposed structures and signs to one another and to other developments in
. .. ..
D. On-Site Inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions
identified in this Section.
E. Public Notice, Hearing,and Appeal Provisions
1. Director's Site Plan and Design Reviews (Very Minor Review). Neither a public notice nor public hearing shall be
required for the Director's decision on a Site Plan and Design Review(Very Minor Review)application.
2. Single-Family Dwelling Exception. The only exception to the notice and public hearing provisions for the Director's
decision specified in Subparagraph 1., above, is for Site Plan and Design Review for the construction of a new or
modification(i.e.,increase in floor area or the addition of a second story)of an existing single-family dwelling. In the case
of a single-family dwelling,the following notice provisions shall apply:
a. The City shall send a mailed notice stating that the Director will decide whether to approve, conditionally approve,
or deny a Site Plan and Design Review for a single-family dwelling application on a date specified in the notice.
b. The notice shall contain a request for comments on the application.
c. In order to be considered, the comments shall be received by the Director no later than 14 days following the date
specified in the notice.
d. The notice shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or of
the County, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the Site
Plan and Design Review application;and any other person(s)whose property might,in the judgment of the Director,
be affected by the proposed project, in compliance with Section 9108.13(Public Notices and Hearings).
3. Director's Site Plan and Design Reviews(Minor Review). A public notice shall be required for the Director's decision
on a Site Plan and Design Review (Minor Review) application, in compliance with Subparagraph 9107.19.040 E. 2.,
above,as specified for the review of single-family dwellings.
4. Commission's Site Plan and Design Reviews. A public notice and hearing shall be required for the Commission's
decision and the Council's decision,if an appeal of the Commission's decision has been filed,on a Site Plan and Design
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Review application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section
9108.13(Public Notices and Hearings).
5. Appeals. The Review Authority's decision may be appealed,in compliance with Section 9108.07(Appeals).
9107.19.050 Findings and Decision
A. Meets Requirements of this Section. The Review Authority shall determine whether or not the application meets the
requirements of this Section in compliance with Subsection 9107.03.060(Initial Application Completeness Review).
B. Review Authority's Action within 30 days. Within 30 days following the filing of the completed application, the Review
Authority shall approve,approve with conditions,or deny the Site Plan and Design Review application.
C. Referral to the Commission. If the Site Plan and Design Review application submitted is of significant consequence or
magnitude or involves potential public controversy,the Director may defer action and refer the application to the Commission
for review and final decision.
D. Next Commission Agenda. The referral shall be placed on the agenda of the next available regular Commission meeting
following the referral.
E. Other Review Authority. The decision to approve or deny the Site Plan and Design Review shall be made by the authority
responsible for reviewing the companion discretionary land use application(e.g.,Conditional Use Permit,etc.)in compliance
with the applicable review procedure for the companion discretionary review. The decision to approve or deny the Site Plan
and Design Review shall be made in compliance with Subsection F. (Required findings),below.
F. Required Findings. The Review Authority may approve a Site Plan and Design Review application,only if it first makes all
of the following findings.The proposed development will:
1. ; Be in compliance with all applicable development standards and regulation in the
Development Code;
2. __ • .. .•.. • . - • - --- - • •- • • . • _.... .. ..• • ! . '.! .- ; Be consistent
with the objectives and standards of the applicable Design Guidelines;
3. _. •• --- . - -•- -- - - •- •- -•-- •-- - ••. .:•- . •• .:; .•: Be compatible in terms of scale
and aesthetic design with surrounding properties and developments;
4. Have an adequate and efficient site layout in terms of access,vehicular circulation,parking and landscaping;and Not be
5 Be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040 C.S., above
9107.19.080 Conditions of Approval
A. May Impose Conditions. In approving a Site Plan and Design Review application, the Review Authority may impose
conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the
findings required by Subsection 9107.19.050(Findings and Decision),above.
B. Requirements for Dedication and Infrastructure. The conditions may include requirements for the offers of adequate
dedication of land for public purposes and the provision of public infrastructure to the extent necessitated by the development.
9107.19.090 Issuance of Other Required Permits and Approvals
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A. Permits or Approvals for Grading,Structures, and Uses. No permits or approvals shall be issued for any development
involved in an application for a Site Plan and Design Review or a revised Site Plan and Design Review until and unless the
same shall have become final, in compliance with Subsection 9108.11.030(Effective Dates of Permits).
B. Compliance with Site Plan and Design Review. Grading shall not be commenced and no structure shall be altered,
enlarged, erected, moved, or rebuilt subject to the provisions of this Section, except in compliance with the approved Site
Plan and Design Review and the conditions imposed on the review.
C. Determination by Director. Compliance shall be determined by the Director, or in the case of disagreement with the
applicant,by the applicable Review Authority.
9107.19.080 Minor Changes by Director
The Director may approve minor changes in a Site Plan and Design Review that do not involve an increase in structure area or
height, an increase in the number of dwelling units, a significant architectural change, or an intensity of use in compliance with
Subsection 9108.11.100(Changes to an Approved Project).
9107.19.090 Post Decision Procedures
The procedures and requirements in Section 9108.11 (Permit Implementation,Time Limits,and Extensions),and those related to
appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply
following the decision on a Site Plan and Design Review application.
Section 9107.23 Temporary Use Permits
9107.23.010 Purpose and Intent
9107.23.020 Definition
9107.23.030 Applicability
9107.23.040 Exempt Temporary Uses
9107.23.050 Allowed Temporary uses
9107.23.060 Application Filing and Processing
9107.23.070 Action by the Review Authority
9107.23.080 Findings and Decision
9107.23.090 Conditions of Approval
9107.23.100 Extensions for Temporary Use Permits
9107.23.110 Condition of Site Following Temporary Use
9107.23.120 Post Decision Procedures
9107.23.010 Purpose and Intent
The purpose of this Section is to allow for short term activities that would be compatible with adjacent and surrounding uses when
conducted in compliance with this Section.
9107.23020.Definition
For purposes of this Section, a temporary(short-term) land use activity is defined as a land use that is interim, non-permanent,
and/or seasonal in nature,and generally not conducted for more than 30 consecutive days in duration.
9107.23.030 Applicability
A. Minor Short-Term Activities. A Temporary Use Permit allows short-term activities that might not meet the normal
development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.
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B. Temporary Use Permit Required. In compliance with Subsection 9107.23.050(Allowed Temporary Uses),below,temporary
land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid
Temporary Use Permit approved in compliance with this Section.
C. Categories of Land Uses. The following three categories of temporary land uses identify the level of permit required,if any,
based on the proposed duration, location,size,and type of use:
1. Exempt Temporary Uses. Exempt temporary uses are identified in Subsection 9107.23.040(Exempt Temporary Uses),
below;and
2. Temporary Uses Requiring a Temporary Use Permit. Temporary uses requiring a Temporary Use Permit are
identified in Subsection 9107.23.050(Allowed Temporary Uses), below.
3. Activities Located within the RTE(Race Track Event)Overlay and S-1 Zone
a RTE(Race Track Event)Overlay. All Temporary Use Permit applications for temporary activities to be conducted
within the RTE (Race Track Event) Overlay, shall require action by the applicable Review Authority specified in
Subsection D(Applicable Review Authority)below.
b S-1 Zone. For every reference to activities conducted within the RTE(Race Track Event)Overlay, it shall also be
understood to include activities within the S-1 zone.
D. Applicable Review Authority. The applicable Review Authority for Temporary Use Permits shall be in compliance with the
following:
1. Director. Temporary Use Permits for activities to be conducted in all locations within the City,except for those activities
conducted within the RTE(Race Track Event)Overlay,shall be subject to the review and determination by the Director.
No notice shall be required.
2. Events within the RTE(Race Track Event)Overlay. Temporary Use Permits for those activities to be conducted within
the RTE(Race Track Event)Overlay shall be subject to the review and determination by the following Review Authorities:
a Director. If the activity will host less than 10,000 people at any one time, or drive thru/drive-in event and-be-less
•-• .. . e - . ••_ _ . ._•---. . _ ._ . . . . _ _ .• , the permit shall be subject to the
review and determination by the Director. No notice shall be required. For a one-day event that draws more than
10,000 people at any one time,it may be approved by the Director.
b Council. If the activity will exceed the thresholds specified in Subparagraph a.,above,the permit shall be referred
to the Council for review and determination.
3. Events within the RTE(Race Track Event)Overlay—Recurring Events
a. Temporary Use Permits for recurring activities (previously approved annually occurring activities that exceed the
thresholds specified in Subparagraph a., above)to be conducted within the RTE(Race Track Event)Overlay shall
be subject to the review and determination by the Director.
b. The Director shall have the authority to review and make a determination on an application submitted for a
subsequent or recurring activity that exceeds the size and/or duration thresholds, or the Director may refer the
application to the Council for their review and determination.
c. In order to approve a recurring activity that exceeds the thresholds specified in Subparagraph a.,above,the Director
shall first make all of the following findings:
(1) The previous activity complied with City's Noise Ordinance requirements;and
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(2) All conditions of approval for the previously approved Temporary Use Permit were satisfactorily met and
adhered to throughout and following the event.
d. If the findings specified in Subparagraph c., above,cannot be made,the application shall be referred to the Council
for review and determination.
9107.23.040 Exempt Temporary Uses
The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that
do not fall within the categories defined below shall comply with Subsection 9107.23.050(Allowed Temporary Uses), below.
A. Construction Yards—On-Site
1. On-site contractors'construction yard(s), in conjunction with an approved construction project on the same parcel.
2. One adult caretaker may be present during non-construction hours.
3. The construction yard shall be removed immediately upon completion of the construction project,or the expiration of the
companion Building Permit, authorizing the construction project,whichever first occurs.
B. Yard Sales Conducted on Private Property. Yard sales conducted on private property when conducted in compliance with
Section 9104.02.360(Yard Sales).
C. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council.
D. Publicly-Owned Property. Events that are to be conducted on publicly owned property and rights-of-way and are sponsored
by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt
organizations in compliance with 501(c)of the Federal Internal Revenue Code.
E. Temporary Portable Storage Containers on Residential Property. Temporary Portable Storage Containers located on
residential property that comply with standards listed in Subsection 9104.020.320(Storage Containers-Temporary Portable).
9107.23.050 Allowed Temporary uses
Amended by Ord. No.2347
The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in
compliance with Subsection 9107.23.090 (Conditions of Approval), below. Activities conducted on sites located within the RTE
(Race Track Event) Overlay or S-1 zone may be allowed longer or recurring time periods within which to operate in compliance
with Subparagraph 9107.23.030 D. (Applicable Review Authority), above.
A. Car Washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in
length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or
charitable efforts,or to tax exempt organizations in compliance with 501(c)of the Federal Internal Revenue Code.
B. Contractors' Construction Yards —Off-Site. The permit may be effective for up to 12 months, or the expiration of the
companion Building Permit,authorizing the construction project,whichever first occurs.
C. Events
1. Amusement rides, arts and crafts exhibits, auctions, carnivals,circuses, concerts,fairs, farmer's markets,festivals,flea
markets, food events, outdoor entertainment/sporting events, non-profit fund raising, rodeos, rummage sales, second-
hand sales, ••:: - =:- - - - -• - • - • =• ! !•.! . ! and swap meets for 14 consecutive days or less,
or six two-day weekends, within a 12-month period.
2. Outdoor displays and retail sales events conducted by a retail business holding a valid Business License in the City may
be allowed a maximum of three outdoor retail sales events (excluding City sponsored activities)each calendar year in
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compliance with the standards identified in Subsection 9104.02.110 (Display and Retail Activities — Outdoor). For
purposes of this Subsection an outdoor retail sales event shall be no longer than four consecutive days in duration.
3. Outdoor gatherings/meetings and group activities for seven consecutive days or less,within a 12-month period.
4. Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less,within a
12-month period.
5. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sales lots) only by businesses holding a valid
Business License in the City; provided the activity may only be held from October 1st through October 31st,of the same
year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year
for Christmas tree sales.
6. Mobile food vending in compliance with Section 9104.02.220 and up to 6-months within a 12-month period.
7 Any temporary use deemed appropriate by the Director,including the duration of the temporary use.
D. On-Location Filming. The temporary use of a specified and approved location for occasional commercial filming (e.g.,
commercials, movie(s), videos, etc.), in compliance with Government Code Section 65850.1.The Director shall find that the
approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the
surrounding areas.
E. Storage During Construction. Storage of equipment during construction activities for up to 12 months,or the expiration of
the companion Building Permit,authorizing the construction project,whichever first occurs;
F. Temporary Sales Trailers
1. A trailer may be used for temporary sales activities(e.g.,model home sales,etc.).
2. A permit for temporary sales trailer(s)may be approved for up to 12 months.
G. Temporary Structures. A temporary classroom,office,or similar portable structure,including a manufactured or mobile unit,
may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development
project,in the commercial,industrial,and downtown zones.
H. Temporary Work Trailers
1. A trailer or mobile home may be used as a temporary work site for employees of a business:
a. During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid
Building Permit is in force;or
b. Upon demonstration by the applicant that the temporary work site is a short-term necessity,while a permanent work
site is being obtained.
2. A permit for temporary work trailer(s)may be approved for up to 12 months.
I. Other Similar Temporary Uses. Similar temporary uses that,in the opinion of the Director,are compatible with the subject
zone and surrounding land uses.
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Division 8:
Development Code Administration
Section 9108.03 —Amendments
9108.03.060 Findings and Decision (Amendments: General Plan, Development Code (Text),
and Zoning Map)
An amendment to this Development Code,the General Plan,or the Zoning Map may be approved only if all of the following findings
are first made, as applicable to the type of amendment.
A. Findings for General Plan Amendments.
1. The amendment is internally consistent with all other provisions of the General Plan; and
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare
of the City.
B. Findings for Development Code Amendments. • ... .. . • _.... .. ..•
A. . . ..
1. The proposed Development Code amendment is consistent with the goals, policies, and objectives the General Plan
and any applicable specific plan(s); and
2. For Development Code amendments only, tThe proposed amendment is internally consistent with other applicable
provisions of this Development Code.
C. Findings for Zone Change and Zoning Map Amendments.
1. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;
2 The site is physically suitable(including absence of physical constraints, access,compatibility with adjoining land uses,
and provision of utilities)for the requested/anticipated land uses/developments;and
3 The proposed amendment will not be detrimental to the public interest, health, safety, convenience,or general welfare
of the City.
D. Failure to Make Findings. The Review Authority shall deny the amendment when it fails to make any one or more of the
required findings.
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Division 9: Definitions
9104.03.020—"D"Definitions
Data Center. An industrial building containing floor space that houses computer mainframes,servers,and IT equipment primarily
for the purpose of storing data and distributing data stored on-site. Data centers also contain all associated power distribution,
cooling,cabling,fire suppression and physical security systems.
Day Care,Adult.See"Day Care, General."
Day Care, General. Establishments providing non-medical care for persons on a less than 24-hour basis other than Day Care,
Limited. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day
care facility licensed by the State of California. Such use must comply with all applicable State regulations,and specifically those
set forth in the California Health and Safety Code commencing with Section 1596.70,to be considered a General Day Care facility.
General Day Care establishments may be accessory to an industrial,commercial or institutional use,as may be allowed by Division
2(Zones,Allowable Uses,and Development Standards)of this Development Code.
Day Care,Limited. Nonresidential,nonmedical care and supervision of 14 or fewer persons on a less than 24-hour basis.
Day Care,Limited-Cooperative(12 or fewer children).Day care facilities as defined and regulated by California Health&
Safety Code Section 1596.792(e), where parent groups care for up to 12 children through a cooperative arrangement and
there is no payment of money or receipt of in-kind income in exchange for care.
Day Care, Limited - Small Family (8 or fewer children). Day care facilities located in single-family dwellings where an
occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of 10 years who
reside in the dwelling count as children served by the day care facility. Such use must comply with all applicable State
regulations,and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70,to be
considered a small family child care home.
Day Care,Limited-Large Family(9 to 14 children).Day care facilities located in single-family dwellings where an occupant
of the dwelling provides care and supervision for nine to 14 children. Children under the age of 10 years who reside in the
dwelling count as children served by the day care facility. Such use must comply with all applicable State regulations, and
specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a
large family child care home.
Fifteen or more children. See"Day Care,General"for facilities serving 15 or more children.
Day Spa. Health,beauty,and relaxation services that deal with the cosmetic,therapeutic,and/or holistic treatments,where people
visit for professionally administered personal care treatments.This use can include massage services as an ancillary.
Daytime Sports and Athletic Events(live). Characterized by activities (sports and athletic events) that draw large numbers of
people to specific live events or shows. Activities are generally of a spectator nature, including horse racing with or without pari-
mutual wagering on the results thereof, motorcycle racing, and pet shows and demonstrations. Accessory uses may include
restaurants, bars,concessions, parking,food membership distribution,and maintenance facilities.
Deck.Any unroofed patio, balcony, terrace, gallery, veranda, piazza, porch, portico or similar projection from an outer wall of a
building,other than a carport as defined herein,that is over 18 inches above grade.A deck shall include any associated stairs.A
deck shall have no enclosure,other than the side(s)of the principal building to which it is attached;provided,however,a deck may
have a railing or wall that complies with Building Code requirements.
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Deck,Roof.A"deck"as defined in this Division that is located on top of a structure's roof.
Dedication. The grant of real property for public use.
Demolition.The intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 percent of the
roof of any structure.
Density. The population and development capacity of residential land based on the number of dwelling units per acre of land
excluding street right-of-ways.
Density Bonus.A density increase over the otherwise maximum allowable residential density established by this Development
Code and in the Land Use Element of the General Plan as of the date of application by the developer.
Design(subdivision). For the purpose of subdividing land only shall mean(1)street alignments,grades,and widths;(2)drainage
and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required casements and
rights-of-way;(4)fire roads and firebreaks;(5)lot size and configuration;(6)traffic access;(7)grading;(8)land to be dedicated for
park or recreational purposes;and(9)other specific requirements in the plan and configuration of the entire subdivision as may be
necessary or convenient to ensure compliance to or implementation of the General Plan any specific plan.
Design Guidelines. Refers to any of the City's adopted design guidelines.
Design Review. The comprehensive evaluation of a development and its impact on neighboring properties and the community
as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance
with a set of adopted criteria and standards. See Section 9107.19(Site Plan and Design Review).
Developer.Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which
seeks city permits or approvals for all or part of a residential development.
Development Agreement. An agreement entered into between the city and a developer pursuant to Section 65864 of the
California Government Code and Section 9107.11 (Development Agreement)of the Development Code.
Development Code. The Development Code of the City specified in Municipal Code Article IX, Chapter 1 and the regulations
found therein.
Director.The Development Services Director of the City of Arcadia,or his or her designee.
Discretionary Approval. Any entitlement or approval required by Article IX Chapter 1 (Development Code) of the Arcadia
Municipal Code,including but not limited to,architectural design review approval,conditional use permit,variance,and subdivision
map.
Division of Land. Any lot or contiguous lots of land,improved or unimproved which are divided for the purpose of transfer of title,
sale, lease, or financing, whether immediate or future, into two or more lots or the consolidation of separate lots of land or a co-
operative multiple building,as defined above.Any conveyance of land to a governmental agency,public entity,or public utility shall
not be considered a division of land for the purposes of computing the number of lots under Development Code."Division of Land"
shall not mean land dedicated for cemetery purposes under the State Health and Safety Code or the leasing or financing of
apartments, offices, stores, or similar space within an apartment building, a commercial building, an industrial building, mobile
home park,or trailer park,or division of a gas, mineral,or oil lease.
Donation Box. A bin,storage shed,or similar facility measuring no more than eight feet in height,and established as an accessory
use to a primary use for the purpose of providing a collection location for donated clothes,shoes,and small household items. Such
facilities generally are established by a charitable or non-profit organization.
Drainage Facility. Any drainage device or structure which may be used to control or direct the flow of water or alleviate a flood
hazard, including but not limited to berms,channels,culverts,curbs,ditches,gutters, pavement,pumps,and pipes.
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Drive-Through or Drive-Up Facilities. An establishment that sells products or provides services to occupants in vehicles,
including drive-in or drive-up windows and drive-through services.Examples include fast food restaurants,banks,and pharmacies.
Does not include"click and collect"facilities in which an online order is picked up in a stationary retail business without use of a
drive-in service.
Driveway. A driveway is a paved area that provides vehicle access from a public right-of-way to a parking area or garage.
Dwelling. A structure or portion thereof designed exclusively for permanent residential purposes,but not including hotels,motels,
emergency shelters,or extended stay locations.
Accessory Dwelling Unit. An attached or detached dwelling unit which provides complete, independent living facilities for
one or more persons, including permanent provisions for living,sleeping,eating,cooking, and sanitation on the same parcel
as an existing qualified primary dwelling unit is situated.
Dwelling Unit.Any structure or portion thereof designed for living and sleeping purposes that contains independent cooking
and sanitation facilities.
Junior Accessory Dwelling Unit.An accessory dwelling unit that is contained entirely within an existing or proposed single
family structure and is not more than 500 square feet in area,which provides independent living facilities,including provisions
for cooking and either separate or shared sanitation on the same parcel as an existing qualified primary dwelling unit is
situated.
Multifamily Dwelling.A structure or portion thereof containing three or more dwelling units designed for the independent
occupancy of three or more households. Development types include apartments, townhomes, single-room occupancy, and
residential condominiums.
Primary Dwelling. An existing single-unit residential structure on a single lot with provisions for living, sleeping, eating, a
single kitchen for cooking,and sanitation facilities,and occupied by one household.
Single-Family Dwelling. A detached structure containing no more than one dwelling unit which, regardless of form of
ownership, is designed and/or used to house not more than one household, including all domestic employees for such
household.
Two-Family Dwelling (Duplex) Unit. A building containing two complete dwelling units designed for the independent
occupancy of two households.
See also"Live/Work Unit","Manufactured Housing"and"Mobile Housing Unit."
9109.01.060—"E" Definitions
Easement.A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation,
or another person or entity.
Eating and Drinking Establishments
Bar, Lounges, Nightclubs, Taverns. Any establishment that sells or serves alcoholic beverages for consumption on the
premises and is holding or applying for a public premise license from the State Department of Alcoholic Beverages and in
which persons under 21 years of age are restricted from the premises. References to the establishment shall include any
immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. May include food services as an
accessory use
Outdoor Dining. A dining area with seats and/or tables located outdoors of a sit-down restaurant, fast food, or other food
service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or
two sides by the walls of the structure with or without a solid roof cover.
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Restaurant,Large. Establishments where food and beverages may be consumed on the premises,taken out,or delivered,
where the total space dedicated to the use is greater than 2,000 square feet or more. Includes restaurants,gastropubs and
other eating and drinking establishments that serve alcoholic beverages for consumption on the premises.
Restaurants,Small.Establishments where food and beverages may be consumed on the premises,taken out,or delivered,
where the total space dedicated to the use is 2,000 square feet or less. Includes restaurants, gastropubs and other eating
and drinking establishments that serve alcoholic beverages for consumption on the premises.
Eave. The extension of a roof beyond an exterior wall,with no enclosed area underneath it(see Figure 9-9:Eave).
Figure 9-9
Eave
Eave
\N/Z 11/ .14
33
Electronic Cigarettes and Vaping Device.An electronic and/or battery-operated device,the use of which may resemble smoking,
which can be used to deliver an inhaled dose of nicotine or other similar product."Electronic smoking and vaping device"includes
any such electronic smoking or vaping device,whether manufactured,distributed,marketed,or sold as an electronic cigarette(e-
cigarette), an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, personal product vaporizer (i.e.,
liquid,dry herb,oils,wax,etc.),electronic nicotine delivery system,e-hookah,or any other similar system."Electronic smoking and
vaping device"does not include any product specifically approved by the United States Food and Drug Administration for use in
the mitigation,treatment,or prevention of disease.
Electronic Submittal. The utilization of one or more of the following: email,the internet,facsimile(fax).
Electronic Game Center.See"Arcade."
Emergency Shelter. Housing with minimal supportive services for homeless persons. Occupancy is limited to a maximum of six
months. See definition in Health and Safety Code(Section 50801[e]).
Enclosed.A building or structure that is surrounded by walls on all sides. "Unenclosed"shall mean a building or structure that is
not enclosed.
Environmental Analysis. An analysis conducted in compliance with the provisions of the California Environmental Quality Act
(CEQA),California Public Resources Code Section 21000 et seq.
Establishment.See`Business and Business Activity."
Extended Hours Use. Any non-residential use that operates for at least one hour between the hours of 10:00 PM and 5:00 AM. In
Downtown Zones(CBD, MU, DM,and C-M Zones), Extended Hours Use is any non-residential use that operates for at least one
hour between the hours of midnight and 6:00 AM.
Extended Stay Hotel.See"Long-Term Stay Hotel."
9109.01.070 - "F" Definitions
Facade.The portion of any exterior elevation of a structure from grade to the top of the roofline and the width of the structure.
98
Family.A group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including
the joint use of common areas of the premises which they occupy and sharing household activities and responsibilities such as
meals, chores, and expenses. Notwithstanding the foregoing, any group of persons required to be considered as a "family" for
zoning purposes pursuant to California Health & Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23, or any
other state law shall be deemed to be a family for purposes of this code.
FAR.See Floor Area Ratio(FAR).
Farmers Market. An outdoor market certified for direct retail sales by farms to the public by the State or County Agricultural
Commission under California Code of Regulations Title 3, Chapter 3,Article 6.5. Farmers' Markets can also include limited sales
of crafts and goods.
Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land
(see Figure 9-10: Fence). Fences may also be walls, hedges, and screen planting. See also"Wall."
Decorative Column on Fence.A vertical supporting member with an aesthetically significant textured surface,including,but
not limited to stucco,split face,stone veneer,brick veneer,wood veneer,ledgestone,solid stone,solid brick,and solid wood.
Decorative Fence. A fence that is aesthetically significant in design and construction with a non-detracting color, and a
compatible finish that is consistent with the structure(s)on the property and adjacent properties.
Fence Cap.A horizontal surface atop a column.
Figure 9-10
Fence
Fence /X\
Ino n M a
Filming Activities.All uses, structures and activities related to the production of motion pictures, television programming music
and corporate videos,advertisements,and commercial still photography.Said activities include,but are not limited to,preparation,
filming,and strike time,and the ancillary functions accessory thereto.
Final Map. A map showing a subdivision of lots prepared in compliance with the provisions of this Division and the Act
(Government Code Sections 66410 et seq.)and in a manner to be filed in the office of the County Recorder. The map may be a
final map,final parcel map,final vesting map,or final vesting parcel map.
99
Financial Institutions and Related Services.A bank, savings and loan, credit union, or other financial institution that provides
retail banking services to individuals and businesses.These uses include only those institutions engaged in the on-site circulation
of cash money. This does not include Check Cashing Shops/Payday Loans.
Fireplace.An assembly consisting of a hearth and fire chamber of noncombustible material and provided with a chimney,for use
with solid or gaseous fuels.
Fire Escape. A form of egress for emergency purpose,typically a set of stairs located on the exterior of a building.
Flood hazard. A potential danger to life, land, or improvements due to inundation or stormwater runoff having sufficient velocity
to transport or deposit debris, scour the surface soil,dislodge or damage structures, or erode the banks of water courses.
Floor. See"Story."
Floor Area.The total gross dimensions(in square feet)of all the floors below the roof and within the outer surface of the walls of
a building or structure. See also Section 9103.01.030 (Measuring Floor Area and Floor Area Ratio). See also "Gross Leasable
Area."
Floor Area Ratio(FAR). The numerical value obtained by dividing the aboveground floor area of any building(s) located on a lot
by the net area of the lot.See Figure 9-11:Floor Area Ratio and Section 9103.01.030(Measuring Floor Area and Floor Area Ratio).
100
Figure 9-11
Possible Building Configurations for 0.5 FAR
Floor Area Ratio (FAR) = Gross Floor Area (All Floors)
Lot Area
50% Lot Coverage
x 1 Floor
r
'--5:,
j"� 25% Lot Coverage
1 Floor
.410
25% Lot Coverage
3 Floors
i
i j'
j!
Vc 7
NOTE: Variations may occur if upper floors
are stepped back from ground level lot coverage.
Floor Area Ratio
Food and Beverage Events. Festivals, events, and assemblies where the sale of food or beverages is the organizing feature.
Food and beverages may be sold individually or through tickets/credits.This use may include barbeques and picnics.
Food Processing. Food processing establishment includes any room, building,or place or portion thereof, maintained, used,or
operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing,
slaughtering,or otherwise preparing or handling food except restaurants.
Food Truck.See"Vending Vehicle."
101
Frontage. That portion of a lot which abuts a public or private street or highway to which the lot has the right of access. May also
refer to that face of a building or length of a lot that is parallel to,or is at a near parallel angle to a public street or public parking
area.
Fueling Station. See"Vehicle Repair and Service, Service/Fueling Station."
Fulfillment Centers. Warehouses defined in this section in which the primary purpose of the use is the sale and shipment of
goods and products stored within the warehouse to customers. The vehicles or trucks use to transport the products and goods
may be store on-site. Alternatively known as"logistic centers";or a"warehouse distribution centers" i".
Funeral Homes and Mortuaries.Establishments engaged in the provision of service involving the care,preparation,or disposition
of human dead other than in cemeteries. May or may not include crematories and/or mortuaries. No internment is provided on
site. May include areas for assembly services and living quarters for funeral home/mortuary manager.
9109.01.090-"H" Definitions
Amended by Ord. No. 2348
Habitable. A structure or property that is constructed for human occupancy. See also"Uninhabitable."
Handicraft Industry. Establishments engaged in on-site production of goods by hand involving the use of hand tools and small-
scale equipment (i.e., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing
machines;spinning wheels,etc.)and the incidental direct sale to consumers of only those goods produced on-site.
Hardscape.Areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation. Artificial turf shall not be
considered hardscape.
Health Care Business. See"Hospitals and Clinics,""Office, Medical and Dental,"and"Outpatient Surgery Facility."
Hazardous Waste Facilities. All contiguous land and structures,other appurtenances, and improvements on the land used for
the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may
consist of one or more treatment,transfer,storage,resource recovery,disposal,or recycling hazardous waste management units,
or combinations of these units.
Health/Fitness Facilities.
Small. An indoor facility of 3,000 square feet or less in size where passive or active exercises and related activities are
performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or
flexibility,and/or weight control. Examples of uses include Pilates, personal training,dance,yoga and martial arts studios.
Large.A full-service fitness center, gymnasium, or health and athletic club which is over 3,000 square feet in size and may
include any of the following: sauna,spa or hot tub facilities;weight rooms;indoor tennis,handball,or racquetball courts;rock
climbing wall,boxing ring,cheerleading,aerobic classes and other indoor sports activities; locker rooms and showers.
Hedge.See"Fence."
Height. The vertical distance from a point on the ground below a structure to a point directly above. See Section 9103.01.020
(Height Measurement and Exceptions).
Heliport.An area used for the landing, parking, or takeoff of helicopters including operations facilities(e.g.,fueling, loading and
unloading, maintenance,storage,terminal facilities,etc.)
Helistop.A single pad used for the landing,parking,or takeoff of one helicopter and other facilities as may be required by Federal
and State regulations, but not including operations facilities(e.g., fueling, loading and unloading, maintenance, storage, terminal
facilities,etc.)
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Hillside.The side or slope of a hill with a slope of more than 20%grade.
Home Occupation. The conduct of a business within a legal dwelling unit,with the business activity being incidental and clearly
accessory to the primary residential use of the property.See Section 9104.02.170(Home Occupations).
Home Occupation Permit.A permit required for Home Occupations. See Section 9107.13(Home Occupation Permits)
Home Sharing. A use in which a dwelling, or portion thereof, is rented for tourist or transient purposes for compensation for a
period of less than twenty-eight(28)consecutive calendar days, and the primary resident of the dwelling continues to reside on-
site, in the dwelling, during the rental period. The definition shall include any arrangement in which the rental period is less than
twenty-eight consecutive days or can be reduced below 28 consecutive days, or in which the dwelling is rented multiple times
within 28 consecutive days. This definition does not apply to residential care facilities or dwellings operated as a group home
pursuant to the Community Care Facilities Act that are otherwise exempt from local zoning regulations.
Horse Keeping.Boarding of horses owned by the occupants of the residential property.
Horse Boarding.See"Animal Sales and Services,Animal Boarding/Kennels."
Horse Breeding,Training,and Shows.Equestrian activities including the care,breeding,boarding,rental,sale,riding or training
of equines and other farm animals or the teaching of equestrian skill and open houses,clinics,and demonstrations.
Hospitals and Clinics.A State-licensed facility providing medical,surgical,psychiatric,or emergency medical services to sick or
injured persons, primarily on an inpatient basis. This use includes incidental facilities for outpatient treatment,as well as training,
research,and administrative services for patients and employees. Excludes sanitariums and residential care facilities.
Hospital.A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient
basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research,
administration,and services to patients,employees,or visitors.
Medical Clinic.A facility providing medical, psychiatric,or surgical service for sick or injured persons exclusively on an out-
patient basis including emergency treatment,diagnostic services,administration,and related services to patients who are not
lodged overnight.Services may be available without a prior appointment.This classification includes licensed facilities offering
substance abuse treatment, blood banks and plasma centers, birth center, urgent care clinics and emergency medical
services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices
that typically require appointments and are usually smaller scale.
Hotel.A commercial establishment offering overnight visitor accommodations, but not providing room rentals on an hourly basis.
A hotel or motel may include ancillary facilities such as common meeting rooms,dining facilities, and guest amenities. See also
"Long-Term Stay Hotel"and"Motel".
Hotel Condominiums. A hotel,including long-term hotel as defined in this section in which as part of an approved condominium
project allows for one or more of the units to be individually owned and for those units to be offered on a commercial basis for
overnight visitor accommodation, but not providing the units as room rentals on an hourly basis or for permanent residency. Hotel
condominiums do not include fractional ownership of any unit such as timeshares or other vacation ownership.
9109.01.100—"I" Definitions
Indoor Entertainment.An establishment offering predominantly spectator uses conducted within an enclosed building. Typical
uses include motion picture theaters,live performance theaters,meeting halls,and dance halls,and pop-museums,escape rooms,
and interactive exhibits
Improvements(subdivision). Street work and utilities to be installed,or agreed to be installed,by the subdivider on the land to
be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the
subject final map. Improvement also refers to other specific improvements or types of improvements, the installation of which,
either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a
103
combination,is necessary or convenient to ensure compliance with or implementation of the General Plan or any applicable specific
plan.
Industrial. Establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously
prepared materials,within an enclosed structure. Includes processing,fabrication,assembly,treatment,testing(e.g.,laboratories),
packaging,incidental office storage,sales,and distribution of the parts or products;and laundry and dry cleaning plants.Excludes
vehicle/equipment rentals ("Vehicle/Equipment Rentals"), vehicle repair and service ("Vehicle Repair and Service"), and vehicle
sales("Vehicle Sales").
Light Industrial. The manufacture and/or processing of consumer-oriented goods in a manner that does not produce
noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light
industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are
not limited to, the manufacture of baked goods (industrial bakeries) clothes, shoes, furniture, consumer electronics, and
household items.
Heavy Industrial.The manufacture and/or processing of materials and goods utilizing large quantities of raw materials,and
generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other
business users rather than consumers.Characteristics of heavy industry include,but are not limited to,heavy trucking activity,
noise,emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined
the U.S.Environmental Protection Agency,and requirement for specialized permits from federal and state occupational health
and safety agencies.
Integrated Development.A group of two or more adjacent uses and/or lots planned and/or developed in a joint manner which
may include shared structures, public spaces, landscape, and/or parking facilities. Integrated developments may be under single
or multiple ownership.
9109.01.160-"0" Definitions
Office.
Accessory.See"Use,Accessory Use."
Business and Professional.An establishment providing direct, "over-the-counter" services to consumers (e.g., insurance
agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses
providing professional services and/or engaged in the production of intellectual property, such as accounting, architectural,
computer software design, engineering, graphic design, interior design, investment, and legal offices, excluding banks, and
savings and loan associations(see Banks and Financial Institutions).
Government.An administrative,clerical,or public contact office of a government agency, including postal facilities,together
with the incidental storage and maintenance of vehicles.
Medical and Dental. An office or health facility providing health services including, without limitation, preventative and
rehabilitation treatment,diagnostic services,testing and analysis.This use includes offices providing medical,dental,surgical,
rehabilitation,podiatric,optometric,chiropractic and psychiatric services,physical therapy,and medical or dental laboratories
incidental to these offices and supportive of on-site patient services, but exclude inpatient services and overnight
accommodation.
Off-Street Loading Facilities.A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers,including
loading berths,aisles,access drives,and landscaped areas.
Off-Street Parking Facilities.A site or portion of a site, not including any public right-of-way, devoted to the parking of motor
vehicles,including parking spaces,aisles,access drives,and landscaped areas.
Open Space.
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Open Space,Common. The total land area within a residential development that is not individually owned nor dedicated for
public use,and that is designed,intended,and reserved exclusively for the shared use of all the residents of the development
and their guests.Examples include barbecue and picnicking areas,play areas,swimming pools,tennis courts,turf areas,and
other recreational or leisure features and facilities.Common Open Space does not typically include enclosed spaces/facilities
such as a community center,meeting rooms,etc.
Open Space, Private.A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive
use of residents of the dwelling unit and their guests.
Open Space, Usable or Improved. Outdoor space that serves a recreational function or provides visual relief from the
building mass.
Open Space, Unimproved. Any open space that has not been landscaped or otherwise provided with amenities, and is
generally kept in a natural state.
Ornamental Street Lighting. A system of street lighting composed of individual free-standing light standards.
Outdoor Charitable Donation Boxes. See"Donation Boxes."
Outdoor Dining. See"Eating and Drinking Establishments."
Outdoor Entertainment. Any activity conducted out of doors and accessory to an allowed commercial use, and conducted for
the enjoyment of the commercial patrons. Does not include any activity conducted out of doors in association with an approved
Temporary Use Permit pursuant to Section 9107.23(Temporary Use Permits).
Outdoor Storage. The storage of any materials outside of a structure,either as an accessory or primary use.
Outdoor Use and Display.Any condition other than storage whereby activities are conducted and/or merchandise is placed and
advertised for sale outside of a structure,either as an accessory or primary use.
9109.01.170—"P"Definitions
Parking Area. A space dedicated to accommodate any parking and loading space/stalls, loading area, backup area,driveways,
and aisles.
Parking, Joint Use. The use of a single parking facility by several related uses occupying the same or adjacent parcels. For
example,the use of a single parking facility by tenants of a shopping center.
Parking,Shared. The use of a single parking facility by two distinctly different uses with distinctly different hours of operation such
that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment
of the other. For example, distinctly different uses could be a place of religious assembly which generally has weekend parking
demands and an office development,which typically uses the parking facility during the week.
Parking Space. An unobstructed space or area other than a street or alley that is permanently reserved, maintained, and
accessible for the parking of one motor vehicle.
Garage Parking Space. A parking space provided within an enclosed structure, with a closing and locking door, whose
primary use is the storage of vehicles.
Off-Street Parking Space. A permanent parking space for a vehicle which is designed to City standards and not located on
a dedicated street right-of-way.
On-Street Parking Space. A parking space for a vehicle which is designed to City standards and located on a dedicated
street right-of-way.
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Parking Structure.A structure that is designed specifically for automobile parking and where there are a number of floors or levels
on which automobiles park.
Parks and Recreation Facilities. Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or
community use, including sports courts. May include passive outdoor recreation areas that also may be located in conservation
areas and/or qualify as "open space." Does not include the same facilities that are privately owned or commercial facilities
("Commercial Recreation and Entertainment").
Parkway. The area between the curb face to the property line of a road right of way and includes the area normally set aside for
sidewalks and landscape improvements.
Patio. A paved unenclosed outdoor area that is used for lounging,dining,etc.
Patio Cover.A solid or open roof structure and covering a patio,platform,or deck area,and that is either detached from or attached
to another structure.
Pawn Shop. A commercial establishment that sells secondhand personal property and in which the operator provides loans
secured by such personal property.
Person.Any individual,firm,co-partnership,joint venture,association,corporation,limited liability company,estate,trust,business
trust,receiver,syndicate,or any other group or combination acting as a unit,and the plural as well as the singular.
Personal Services Business.Any business or enterprise that provides individual care to persons involving their personal health,
fitness,grooming,or appearance.
Personal Services, General. Establishments that provide recurrently needed services of a personal nature. Examples of these
uses include:
• acupuncture and acupressure
• barber shops, hair salon,blowdry bar
• clothing rental shops
• cryotherapy
• dry cleaning pick up stores with limited on-site cleaning equipment
• locksmiths
• nail salon
• shoe repair and maintenance(small and large appliances)shops
• tailors and seamstresses
• ticket services shops
• Beauty services such as facials and non-surgical facial enhancements
Personal Services, Restricted. Personal services with characteristics that have the potential to adversely impact surrounding
areas and which may need to be dispersed to minimize their adverse impacts.Examples of these uses include:
• Day Spa
• fortune-telling and psychic services
• laundromats(self-service laundries)
• massage establishments(massage establishments shall only be allowed-as ancillary use within a Day Spa in CBD,MU,
and DMU zones and not as a standalone use).
• palm and card readers
• tanning salons
• tattoo and body piercing services
Personal Storage.See"Storage-Personal."
Permit. A specific authorization from the City to engage in a particular type of development or activity.
106
Pet Stores. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. This classification
excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not
sell animals or provide on-site animal services.
Pharmacy. A place where prescription drugs are dispensed. Does not include medical marijuana dispensaries or any
establishment where marijuana is bought and consumed.
Pilasters. A rectangular column(structural or decorative)that is placed against a wall(see Figure 9-15: Pilasters).
Figure 9-15
Pilasters
Pilaster
JEWELRY
I
3 OM I --
I11 1!
Pillars. A column(structural or decorative)on a fixed base or pedestal(see Figure 9-16: Pillar).
Figure 9-16
Pillar
Pillar
1
dei
Places of Religious Assembly. Any facility specifically designed and used to accommodate the gathering of persons for the
purposes of fellowship,worship,or similar conduct of religious practices and activities.This definition includes functionally related
internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy. Associated uses (i.e., day care
centers or full-time or part-time schools)may be allowed as incidental uses to the primary use.
Planned Development. An area of land, controlled by a landowner, to be developed as a unified project and single entity for a
group of townhouse dwellings and/or detached dwelling units, the plan for which may not correspond in lot size, bulk or type of
dwelling,density, lot coverage,setback or required open space to the regulations in this Development Code.
Planned Development Permits. A discretionary permit for designing and developing land in a way that deviates from strict
application of the development standards of this Development Code. See Section 9107.15(Planned Development Permits).
107
Plant Nursery. A place where plants are propagated and grown to usable size. They include retail nurseries which sell to the
general public,wholesale nurseries which sell only to businesses such as other nurseries and to commercial gardeners,and private
nurseries which supply the needs of institutions or private estates.
Pool House. See"Accessory Structure."
Porch. Any covered area located at a building entrance, whether it is a projecting feature with a separate cover, or a recessed
area behind the building wall.
Porte-Cochere.An accessory structure open on three sides and attached to the side or front of a building through which cars pass
and is established for the convenient loading and unloading of passengers from an automobile.A porte-cochere is not a carport or
garage nor may it be used to satisfy off-street parking requirements.
Postal service. An establishment that provides commercial postal services directly to the customer, including letter and parcel
mailing, post office box rental, and related services.
Primary Use. See"Use."
Primary Building Line. That portion of the front setback area defined by the space between the front property line and the entire
building frontage of the primary structure,whether or not all facade portions of the primary structure coincide with the front setback
line(see Figure 9-17: Setbacks).
Printing and Duplicating Services. An establishment providing printing, blueprinting, photocopying, engraving, binding, three-
dimensional printing,or related services.
Private Residence.A house,an apartment unit, a mobile home,or other similar dwelling.
Private Street.A thoroughfare providing recorded vehicular access to more than one property, in which any or all properties over
which the access traverses are owned and maintained by a private individual(s)or agency,such as a homeowners association.
Public Assembly, Place of. See"Assembly/Meeting Facilities, Public or Private."
Public Facility.A site or structure owned and operated by the City of Arcadia,or other public agencies,for the purpose of providing
one or more services to residents of the City, and/or to support other City functions.
Public Parking Lots and Structures.
Public Transit. An officially designated, permanent location for a public bus stop,train or light rail station or car sharing service.
9109.01.190-"R" Definitions
Railroad Transportation Facilities.Facilities owned and/or operated by a rail transit system,including but not limited to track and
right-of-way, rail storage,and maintenance facilities.
Reasonable Accommodation. Providing disabled persons flexibility in the application of land use and zoning regulations and
procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. See Section
9107.17(Reasonable Accommodation).
Rebuild. A term to describe an activity where more than 50 percent of the existing foundation/floor assembly or more than 50
percent of the exterior walls of a building are removed.
Recharging Station.A location that supplies electricity for the recharging of electric vehicles(including plug-in hybrids).
Recreational Equipment Rental. Rental of bicycles, scooters, skate board, ice skate, snow boards, surf boards, and similar
recreational vehicles and equipment that are manpowered and do not include a motor, including on-site storage and incidental
maintenance that does not require pneumatic lifts.
108
Recreational Vehicle(RV). A motor home, travel trailer, truck camper, camping trailer, pop-up campers,or boat or other water
sport vehicle,with or without motive power,designed for recreational purposes.The definition includes any empty trailer on which
an RV may be transported or stored. In no cases shall a RV be classified as a mobile home or dwelling unit.
Recycling Facilities.A center for the collection and/or processing of recyclable materials. A"recycling facility"does not include
storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used
solely for the recycling of material generated by that residential property, business or manufacturer.
Collection facility(small).A facility that occupies an area of 500 square feet or less where the public may donate, redeem,
or sell recyclable materials and may include:
1. A mobile unit;
2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.
3. Kiosk-type units that may include permanent structures.
4. Unattended containers placed for the donation of recyclable materials.
Collection facility(large).A facility that occupies an area of more than 500 square feet and/or includes permanent structures
where the public may donate,redeem,or sell recyclable materials.
Reverse vending machine.An automated mechanical device which accepts at least one or more types of empty beverage
containers including, but not limited to, aluminum cans,glass and plastic bottles, and issues a cash refund or a redeemable
credit slip with a value of not less than the container's redemption value as determined by the state. A "reverse vending
machine"may sort and process containers mechanically provided that the entire process is enclosed within the machine. In
order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption
rates,and to meet the requirements of certification as a recycling facility,multiple grouping of reverse vending machines may
be necessary.
Processing Facility.A building or enclosed space used for the collection and processing of recyclable materials.Processing
means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing,
briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
Processing facilities include the following: light processing and heavy processing facilities.
Religious Assembly,Place(s)of.See"Places of Religious Assembly."
Regional Shopping Center. A planned, integrated commercial development comprising not less than 750,000 square of gross
leasable area,occupied by primarily(at least 80 percent)retail uses.
Remodel. An activity that alters an existing building where less than or equal to 50 percent of the building is removed,repaired or
altered,excluding the interior finish wall coverings.
Research and Development. Establishments engaged in industrial or scientific research, including product testing. Includes
electronic research firms or pharmaceutical research laboratories.Excludes manufacturing,except of prototypes,or medical testing
and analysis.
Residential Care Facility.Any facility, place,or building which is maintained and operated to provide 24-hour care of persons in
need of personal services,supervision,or assistance essential for sustaining the activities of daily living or for the protection of the
individual. Convalescent facilities,rest homes,and board and care facilities are included. May include ancillary medical services
for facility residents. See also"Supportive Housing and Transitional Housing".
Residential Use. The occupation of a structure that provides permanent housing for one or more households.
109
Residential Zone.A zone that is intended primarily for dwellings and related accessory uses. Residential Zones include R-M, R-
0,R-1, R-2, R-3,and R-3-R,but do not include Mixed Use Zones or Residential Flex Overlay zones.
Responsible Review Authority. The designated City of Arcadia party responsible for reviewing and approving or denying the
permits and actions,generally the Director,Commission,or Council.
Restaurants.See"Eating and Drinking Establishments."
Retail Carts and Kiosks.The retail sale or viewing of merchandise located in a non-motorized pushcart or stand,designed to be
portable and not permanently affixed to a structure or location.
Retail Sales. The retail sale or rental of merchandise not specifically listed under another use classification. This classification
includes retail establishments including but not limited to department stores, clothing stores, furniture stores, pet supply stores,
small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: toys, hobby
materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo
processing), medical supplies and equipment, pharmacies, electronic equipment, records, sporting goods, kitchen utensils,
hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office
supplies,bicycles,video rental,and new automotive parts and accessories(excluding vehicle service and installation).Retail sales
may be combined with other services such as office machine, computer, electronics, and similar small item repairs. Does not
include swap meet,pawn shop,or secondhand stores.
Reverse Vending—Consumer Goods.An automated mechanical device which accepts a consumer goods item such as coins
or at least one or more types of small electronic devices including, but not limited to, cellular phones, tablets, and MP3 players,
and issues monitory compensation.
Ride and Drives.Automobile and truck testing and demonstrations.Also may include safety and defensive driving schools and
clinics.
Ridge.A long narrow hilltop or mountain range.
Ridgeline.The highest contour elevation of a landform when viewed from a public street.
Right-of-Way.A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended
to be occupied or occupied by a road, railroad, electric transmission lines,oil or gas pipeline, water line, sanitary storm sewer or
other similar use.
Roof Deck.The walkable or otherwise usable open space area(including any swimming pools)located above the roof framing of
the building,the only access to which is from the floors below.
9109.01.240—"W" Definitions
Wall. A physical barrier constructed largely of masonry, brick,concrete, stucco, concrete block, or any combination thereof and
intended to mark a boundary. See also"Fence."
Wall,Retaining. A wall not laterally supported at the top,that resists lateral soil load and other imposed loads.
Warehouse or Warehousing. An establishment engaged in providing facilities for the storage of furniture, household goods,
products, or other commercial goods of any nature. Includes cold storage and construction/contractor offices. Does not include
personal storage (mini storage) facilities offered for rent or lease to the general public ("Personal Storage-Mini-Storage"); or
warehouse facilities in which the primary purpose of storage is for wholesaling("Wholesaling").
Warehouse Retailor or Retail Warehouse. A retail establishment that provides goods and services related to construction,home
repair,building material supplies,furniture,etc. Showrooms are allowed.
110
Water-efficient Landscape. Landscaping materials that are designed and maintained to function in a healthful and visually
pleasing manner with limited water use,including plants which have minimal water requirements for subsistence,plants native to
hot/dry environments,and xeriscape plants.
Wholesaling. The sale of commercial goods at or near production cost.
Windscreen.Any fence,wall,structure,or device material used to shield an area from the wind.Generally associated with sports
courts.
Wireless Communications Facilities(WCF).See"Antenna and Wireless Communications Facilities".
111
Division 10:
Tree Preservation
Table of Contents
Page
Section 9110.01
9101.01 010 Purpose and Intent 10-1
9110.01 020 Applicability 10-1
9110.01.030ProtectedTrees 10-1
9110.01.040 Unprotected Trees 10-2
9110.01.050 Tree Maintenance 10-3
9110.01.060 Exemptions 10-3
9110.01.070 Tree Permit Requirements 10-4
9110.01.080 Tree Replacement 10-5
9110.01.090 Protective Measures 10-6
9110.01 100 Violations and Enforcement 10-6
9110.01.110 Liability 10-7
9110.01.120 Definitions 10-7
112
9110.01.010 Purpose and Intent
This Tree Preservation Chapter is established to recognize oaks, sycamores and mature trees as significant aesthetic and
ecological resources as well as valuable environmental assets and to create favorable conditions for the preservation and
propagation of irreplaceable plant heritage for the benefit of the current and future residents of the City. It is the intent of this
Chapter to maintain and enhance the public health,safety and welfare through the mitigation of soil erosion and air pollution.
It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive
and unique aesthetic character of many areas in the City.
9110.01.020—Scope. Applicability
public and.private property whether vacant, undeveloped, in the process of development or developed. Protected trees
shall not be topped or trimmed except as allowed in the Exceptions. Pruning shall not be subject to a tree permit unless
or in the opinion of the Development Services Director or designee, the work is so extensive as to constitute trimming,
topping, or otherwise damage the tree, or a Protected Tree Report or Certified Arborist opinion determines that a tree
B. Exceptions. The following are exempt from the provisions of this Chapter: (Moved to Section 9110.01.060
Exemptions]
approved as part of a development permit.
2. Emergency Situation. Cases of emergency where the Development Services Director or the Director of
Department, in the performance of his or her duties, determines that protected tree poses an imminent threat
to the public safety,or general welfare.
3. Visual Barriers. Removal or relocation of protected trees necessary to obtain adequate line of sight distances
on the property where development is proposed.
1 The provisions of this Chapter shall apply to all protected trees on all public and private property whether vacant,
undeveloped, in the process of development or developed.
2. No protected trees as herein defined shall be removed, topped, trimmed, damaged or have its protected zone
encroached upon except in conformance with the provisions of this section G4 apter, except as allowed 4,1—the
Exceptions under Exemptions.
3. Tree valuations shall be established by the City's chosen methodology as set forth in the most current edition of the
Guide for Plant Appraisal, published by the-International Society of Arboriculture. This shall be applied to those trees
damaged, topped, trimmed or removed without a permit as well as those removed with a permit when an alternative
replacement fee is required.
113
4 Any person, property owner, and contractor who violates or permits the violation of any provisions of this Ordinance
shall be subject to the enforcement remedies set forth in the subsection 9110.01.100 Violations and Enforcement.
9701.02 DEFINITIONS Moved under 9110.01.120 Definition]
9701.02.010 General.
. • .e•a.
9701.02.020 Definition.
. . .
. . . , •
determines that a tree is of sensitive species or condition such that pruning under the supervision of an Arborist is required to
preven-t-damage.
t. .. - • ' - ' - - ' - • - . - . ... , fl. . - 11 - • ••:.• • '. -• - 9' • -- -• - -• -. .. .. . . . .. . . . ... "••. .. . . e e • 1 .
of the City of Arcadia or appointed designee.
.. . •• - . ' ' - •- • - . .. .. . . ... , . e
branches and leaves of a protected tree.
F. Lacing. See Pruning.
G. Multi Trunk. Multi trunk means any tree with multiple trunks attributed to a single tree. For purposes of determining
root crown,and the sum of the diameters shall be the diameter of the tree.
and the like to which land access by the public is generally restricted.
• f.- ... ••. .. . .. , e .. ... .e - - .e.. -- , - - • . .. • . . . . .
the-reet crown-
2. Any other living oak tree with a trunk diameter larger than twelve(12)inches measured at a point four and one half
(4'/4 feet above the root crown, or two (2) or more trunks measuring ten (10) inches each or greater in diameter,
half(41/2)feet above the root crown, or two(2)or more trunks measuring four(4)inches each or greater in diameter,
.. -e . Al •'
4. Any tree, with the exception of tho trees listed as Unprotected Trees, that havo a trunk diameter larger than twelve
(12) inches measured at a point four and one half (4 1/2) feet above the root crown, or two (2) or more trunks
measuring ten(1)inches each or greater in diameter, measured at a point of four and one half(4-1/2)foot above the
root crown and the tree is located within a required front, side, street side, or rear yard setback.
K. Protected Zone. Protected zone shall mean a specifically defined area totally encompassing a protected tree within
irregular shaped circle that follows the contour of the dripline of the protected tree. In no case shall the protected zone be less
than fifteen(15)feet from the trunk of a protected tree,or exclude the known root structure in the case of irregularly shaped trees.
114
or are otherwise selected for removal while preserving the overall form of the tree. Pruning can be done to give a tree a more
balanced appearance,to reduce the weight on one side of a tree in order to prevent the tree from toppling,or to remove branches
publik,
to the overall form of the tree. Typically results in a horizontal cut across tho trunk or a roughly spherical cut contorod on the
truce
1. Fruit and Nut troes
2. Fraxinus uhdei (Shame)Ash}
3. Ficuses Exception: Ficus Macrophylla(Moreton Bay Fig}
/I. Eucalyptus
5. Ailanthus altissima(Tree of Heaven}
6. Arecaceae(Palm tree}
7. Schinus terebinthifolius(Brazilian Pepper}
8. Ceratonia siliqua(Carob}
9. Betula pendula{European White Birch}
10. Grevillea robusta(Silk Oak}
12. Acer saccharinum{Silver Maple)
13. Cupressus sempervirens(Italian Cypress}
15. Alnus rhombifolia(White Alder}
16. Populus trichocarpa(Black Cottonwood}
17. Populus'Highland'hybrid
• •
9110.01.030 Protected Trees[Moved from 9701.02.020 Definitions and revised to common name first per the consultant's
recommendation.]
Protected Trees are recognized as valued environmental assets and significant aesthetic and ecological resources.Any proposed
removal or encroachment upon the canopy or protected zone of a protected tree shall be subject to the provisions set forth in
subsection 9110.01.070 Tree Permit Requirements. Protected trees shall include the following:
1. Engelmann Oak (Quercus Engelmannii) ... •- ••- ••-
•• -. or Coast Live Oak (Quercus
Agrifolia) =-o --_ -: • e'. ... ' - =- , _- • e - =- with a trunk diameter larger than four (4) inches
measured at a point four and one-half(4%)feet above the root crown, or two(2)or more trunks measuring three(3)
inches each or greater in diameter,measured at a point four and one-half(4%)feet above the root crown.
2. Any other living oak California native or non-California native Oak tree with a trunk diameter larger than twelve
(12)inches measured at a point four and one-half(41/2)feet above the root crown,or two(2)or more trunks measuring
ten(10)inches each or greater in diameter, measured at a point four and one-half(4%)feet above the root crown.
115
3. California, or western, Sycamore(Platanus Racemose) with a trunk diameter larger than six (6) inches measured
at a point four and one-half(41/2)feet above the root crown,or two(2)or more trunks measuring four(4)inches each
or greater in diameter, measured at a point four and one-half(4%)feet above the root crown.
4. Mature Tree.Any tree, with the exception of the trees listed as Unprotected Trees, that have a trunk diameter
larger than twelve (12) inches measured at a point four and one-half(41/2) feet above the root crown, or two (2)or
more trunks measuring ten (1 ) inches each or greater in diameter, measured at a point of four and one-half(4%)
feet above the root crown and the tree is located within a required front, side, street-side,or rear yard setback.
9110.01.040 Unprotected Trees [Moved from 9701.02.020 Definitions and revised to common name first per the
consultant's recommendation]
Unprotected trees are not subject to the regulations stated in this chapter. Unprotected trees shall include
any non-oak and non-sycamore trees located outside a required front, side, street-side, or rear yard setback and any of the
following trees located anywhere on a property:
1. Fruit and Nut trees
2. Shamel Ash ( Fraxinus uhdei)
3. Ficuses,except Moreton Bay fig(Ficus macrophylla)
4. Eucalyptus
5. Tree of Heaven (Ailanthus altissima)
6. Palm Tree
7. Brazilian Pepper(Schinus terebinthifolius)
8. Carob(Ceratonia siliqua)
9 European White birch (Betula pedula)
10, Silk Oak(Grevillea robusta)
11. Mulberry(Morus)
12. Silver Maple(Acer saccharinum)
13. Italina Cypress(Cupressus sempervirens)
14. Western Cottonwood(Populous fremontii)
15. White Alder(Alnus rhombifolia)
16. Black Cottonwood(Populus trichocarpa)
17. All other varieties and/or hybrids of cottonwood (Populus sp.)
18 Arroyo willow(Salix lasiolepis)
19 Sweet Gum(Liquidambar)
9110.01.050 Tree Maintenance
1 Any portion of a tree that encroaches into the City's public right-of-way shall be maintained to prevent any visibility
issue or pose any imminent danger to a person or property.
2 Any pruning or trimming of a protected tree shall not require a tree permit but shall be completed in accordance with
the industry standards as set forth by the International Society of Arboriculture or the American National Standards
Institute(ANSI), and in consultation with a Certified Arborist. All property owners shall be required to obtain a written
recommendation from a Certified Arborist for any pruning and trimming work to a protected tree
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3. The removal of a tree limb from a protected tree shall not require a tree permit, but must be done in consultation with
a Certified Arborist The Certified Arborist shall be required to be on-site while the work is being performed and if
necessary,the property owner shall provide proof to the City that this work was completed with a tree report detailing
the need for removal
9110.01.060 Exemptions(Moved from 9701.01.020-Scope]
The following are exempt from the provisions of this Chapter:
1. Combined Permit. A Tree Permit is not required where tree removal and/or encroachment has been specifically
approved as part of a development permit.
1 Emergency Situation. - . :•.: e-•. •- - •: A permit is not required where a protected tree is damaged by
a storm, fire,or other natural disaster the Development Services Director or the Director of Public Works Services
or their designees, or any member of a law enforcement agency or Fire Department, in the performance of his
or her duties, determines that protected tree poses an imminent threat to the public safety,or general welfare.
Visual Barriers. Removal or relocation of protected trees necessary to obtain adequate line-of-sight distances as
required by the Development Services Director or the Director of Public Works Services or their designees.
Public Utility Damage. Actions taken for the maintenance, and/or protection of existing electrical power or
communication lines or other property of a public utility.
City Property. Removal, cutting, or pruning of protected trees on City owned property, which in the opinion of the
Director of Public Works Services or designee, will cause damage to existing public improvements, pose danger to
persons or property, or which are in a location that does not permit the development of the site for public purposes.
5 Public Property. Actions taken by local agencies for the maintenance of protected and unprotected trees located on
property under their jurisdiction
Mature trees, as defined herein, shall not be subject to encroachment permit requirements if they are not located on
the property where development is proposed
• ., • . . . - ._ •"'
0702.01.010 Tree Permit Required.
9110.01.070 Tree Permit Requirements
A tree permit is required for all protected trees, as defined by this Chapter.
B A tree permit shall be obtained prior to any encroachment into the canopy and/or protected zone of any
protected tree.
9702.01.020 Required Protective Measures(Moved to 9110.01.090 Protective Measures]
building construction, storage or materials, grade changes, or attachment of wire to or around tree trunks, stems, or
limbs.
of wooden stakes, chicken wire, or chain link fencing material, which shall enclose the entire driplino area on the
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A. Tree Permits [Combined with portions of 9702.01.030—Application and Fees and 9702.01.040—Action on
Application]
1 Pr Removal of Dead Diseased and/or Hazardous Protected Trees.
1. -•- -- • - . - ..• - •• - - ::.e, - - e •. - --- • - - . .•. e-
••.:- �. .
a) If the Director or designee determines that the tree is dead or hazardous,a tree report is not required
and removal may be authorized.
b) In all other cases, a tree report is required from a Certified Arborist. The report must include an
evaluation of the health of the protected tree and a recommendation.
c) Upon the receipt of an a complete application,the Director or his/her designee shall have seven ten
(71-0)working days to take action on -ee e :, _ . ..e , • the application,unless
it is being acted upon with another discretionary permit
18,Tree Permit for the Removal of A Healthy Protected Tree
1. An application for a tree permit for the removal of a healthy protected tree shall be made to
the Community Development Division. The content, form, instructions, procedures, and
-•.: .•. e" -• . . -:••••.•• .- t.:••-• ! . The application shall
a) A tree report shall be required from a Certified Arborist. The tree report must include an evaluation
of the health of the protected tree, and the following information, at a minimum,the following:
(1) (a)An explanation as to why the tree's removal is necessary.
(2) (b)An explanation as to why tree removal is more desirable than alternative project
designs.
(3) (c)An explanation of any mitigation measures.
(d)A fee per the City's fee schedule.
(e)A fee,as deemed necessary by the Director,for the City to hire a Certified Arborist
- - --- - -
b) Upon the receipt of a complete application to remove a healthy protected tree, the Director or
designee shall have thirty (30) days to take action on the application, unless it is being acted upon
with another discretionary permit.
c) A Notice of Pending Decision shall be required for the Removal of a Healthy Tree application and
shall be provided in compliance with Development Code Section 9108.13 (Public Notices and
Hearings) The notice shall be mailed to all owners of real property as shown on the latest
assessment rolls of the City or of the County, located within a radius of 300 feet of the exterior
boundaries of the subject property. -. . . ... . .. -•e - . .. -.•
whose property may, in the judgment of the Director, be affected by the proposed project .
Surrounding residents shall have up to at least 14 days to submit any comments before the date of
the Director's consideration and final decision as stated in the notice.
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G. Trit-for Encroachment into a Protected Zone of Protected Trees.
1. An application for a tree permit for encroachment into a protected zone of a protected tree
.. .9.
2. A fee per the City's fee schedule.
3. A fee, as deemed necessary by the Director, for the City to hire a Certified Arborist to
d) A tree report is required from a Certified Arborist. The tree report shall specify the location and
condition of the trees, include potential impacts of the development, recommended actions and
mitigation measures in order to preserve the long-term health of the trees. The tree report shall
include, at a minimum, the following:
1. An explanation why is it necessary to encroach upon the tree(s);
2. An explanation why is the encroachment upon the tree(s) more desirable than an
alternative project design; and
3. An explanation of any mitigation measures
e) Upon the receipt of the an application to encroach into the protected zone of a protected tree,
the Director or designee shall have thirty days(30)days ten-(-1-0}working-days to action on approve,
the application,unless it is being acted upon with another application
discretionary permit.
• 1,
A. Tree Permit for the Removal of Dis asod and Hazardous Protected Treos.
1. Upon the receipt of an application to remove a diseased or hazardous protected tree, the Director or his/her
2. If the Director or his/her designee denies such application, the decision may be appealed to the Planning
\-
3. The privileges granted an applicant in this Section shall become null and void if not utilized within six(6)months
from the date of the approval.
8. Tree Permit for the Removal of Healthy Protected Trees.
or City Council(on appeal).
2. Notice shall be provided in compliance with Arcadia Municipal Code Section 9108.13 (Public Notices and
Hearings) and shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or
hearing; and any other person whose property may, in th- .._••-• . •• !' . . , _ . . •- . ... .
e:• •- . - e • --. • Protected Tree application on a date specified in the notice.
The Director may defer action and refer the request to the Commission for consideration and final decision.
•• .e'-. . -- • . . . —:••:: • •. .- - • _ - .. • • • e. ...• - •-
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C. Tree Permit for Encroachment into a Protected Zone of Protected Trees.
1. Upon the receipt of an application to encroach into the protected zone of a protected tree, the Director or his/her
... ..
.. . • ..
decision,
B. Application Requirements(Portions from 9702.01.030–Application and Fees]
All applications shall be completed using a form provided by the City and shall contain all required information,including:
1 A complete evaluation of the tree and a tree report;
2. Required fees per City's Fee Resolution; and
3. The City may require additional information based on each individual situation and application related to the
health of the tree(s)
C. City's Designated Homeowners'Associations[Originally under 9702.01.040–Action on Application]
If the subject property is within a Homeowners Association area established pursuant to the Arcadia Municipal
Code, and a project is being submitted to the Architectural Review Board, the applicant property owner shall submit
their tree removal request and project plans along with their architectural plans to the Architectural Review Board of
said Homeowners Association for review and approval,conditional approval or denial,prior to filing an application with
the City for tree encroachment and/or healthy tree removal permit.
.. . . - • . =-- e'. • •- . ..•.. .• . . . ... . •- -e••:: •- . ' - •- . --
•
•
- _ _. .. • .. - - -• .. .- -• . - - •. '..e •- - •- .. . e:•- •• .. - -
D. Expirations of Permit or Approval
Unless otherwise stated in the approval,the privileges granted under these applications shall become null and void if
not utilized within twelve (12) months from the date of the final approval, unless otherwise specified in the permit or
approval,or an extension is approved by the applicable Review Authority,in compliance with Development Code Section
9108.11.080 Expirations and Subsection 9108.11.090(Time Extensions).
E. Appeals
if the Director's - e•••• .-• -.. .- , -• • - •- • -- - .---- - •- - - - •-
...:. . .• .. . _ e:. .• - . e:. . . . The Review Authority's decision may be appealed, in
compliance with Development Code Section 9108.07 (Appeals). The appeal shall be filed with the Department or City
Clerk,within 10 days following the actual date the decision was rendered and accompanied with the filing fee identified
in the City's Fee Schedule
9702.04050—Conditions
9110.01.080 Tree Replacement
1 Tree Replacement. For every protected tree that was approved to be removed, it shall be replaced with a
minimum of two(2)new 24-inch box trees. When it is appropriate,the Director may modify, waive, increase,
or reduce the tree replacement requirement
2 Follow-up Report. The Certified Arborist,at the expense of the property owner,shall submit a follow-up report
to the City that the work was completed, and to the satisfaction of the Director
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9110.01.090 Protective Measures(Moved from 9702.01.020—Required Protective Measures]
The following protective measures are hereby established for protected trees during development or construction activity to
minimize any damage to the root system:
1. No building,structure,wall or impervious paving shall be located within the protected zone of any protected tree.
2. No construction related activities shall occur within the protected zone of any protected tree, including but not
limited to, building construction, storage of materials, grade changes, or attachment of wires to or around tree trunks,
stems,or limbs.
3. Each and every protected tree shall be shielded from damage during construction by a few six(4 6)foot high barrier
-..... -. . : chain link fenc- .. : • - - : : • : -
the site. surrounding the entire dripline. The fence shall be supported by two-inch galvanized poles driven into the
ground at appropriate distances. gush—WCriere Fencing shall be installed prior to the commencement of any
development on the site and remain in place throughout the construction and landscape period.
4. Branches that may be injured by vehicles or that interfere with construction shall be pruned carefully.
5. The root protection zone should be irrigated with clean potable water to keep the tree in good health and vigor
before, during,and after construction.
6. All work conducted in the ground within the root protection zone of any protected tree should be completed with
hand tools.
7. Any required trenching should occur outside of the dripline or protected zone of a protected tree.
8. Cutting of roots should be avoided.
9. "Natural"or pre-construction grade should be maintained in the root protection zone.
9110.01.100 Violations and Enforcement
A. The Development Services Department, through its Code Services Officers, shall enforce the provisions of this Chapter.
Additionally, Police Officers, planners, inspectors from Building Services and the Public Works Services Department, in the
course of their duties,will monitor construction activities for compliance with the provisions of this Chapter.Any irregularities
or suspected violations will be reported immediately to the Community Development Division for follow-up action.
B. Whenever any construction or work is being performed contrary to the provisions of this Chapter, any tree permit, or any
conditions of the appropriate development permit,a City inspector may issue a notice to the responsible party to"stop work"
on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the
violation or danger and no work shall be allowed until the violation has been rectified and approved by the Director of
Development Services or designee.
C. Criminal and Civil Remedies.
1. Criminal.
Any person who violates any provisions of this Chapter including violations of inspector's orders shall be subject to the
following remedies in addition to misdemeanor penalties for violation of the Municipal Code.
2. Restitution-Civil Penalties.
a) It has been determined that the protected trees within the City are valuable environmental assets to the citizens
of this community and as a result of the loss of any of these protected trees, the public should be
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recompensed, and penalties applied to assure the primary goal of conservation,protection,and preservation
of protected trees as set forth in this Chapter.
(b) Accordingly, any person violating the provisions of this Chapter shall be responsible for proper restitution
including but not limited to the following or any combination thereof: (1)payment of a fine of up to$1,000.00
or the amount set forth in a schedule of fines, in accordance with Chapter 4A of the Arcadia, (2)an order to
pay to the City an amount equal to the replacement value or the actual replacement cost of the tree (3)
replacement the protected tree, which has been removed, and/or(4) planting new protected trees or other
trees which may be more appropriate to the site.Replacement shall be made based on the value or the actual
replacement cost, whichever is higher, plus the cost of planting the replacement trees. The type, number,
size and location of said equivalent replacement trees shall be determined by the Director ef-Development
Services or designee.
(c) Tree values shall be established by the City's chosen methodology as set forth in the most current edition of the
Guide for Plant Appraisal, published by the . . ._. •_ . . .. .e• ••. .. . ..- .. .
International Society of Arboriculture "-.':= - -. •'•: •• "
(d) The City Attorney is authorized to take whatever legal steps are necessary for recovery of civil penalties.
D. Administrative Remedies.
1. A suspension of any building permits until all mitigation measures specified by the City are satisfactorily completed.
2. Completion of all mitigation measures as established by the City.
9110.01.110 Liability
Nothing in this chapter shall be deemed to impose any liability upon the City, its officers, or employees. No duty of care or
maintenance is imposed upon the City,its officers or employees with reference to private property,and no private property owner
or other person in possession of private property is relieved from the duties to keep protected trees in a safe condition on their
property.This Ordinance does not relieve the owner or possessor of private property from the duty to keep protected trees subject
to this chapter in such a condition as to prevent the protected tree from constituting a hazard or dangerous condition to persons
or property.
9110.01.120 Definitions(Moved from 9701.02 DEFINITIONS]
This Section provides definitions of the technical and other terms and phrases used in this Chapter as a means of providing
consistency in its interpretation.Where any definition in this Section may conflict with definitions in other titles of the Arcadia
Municipal Code, these definitions shall prevail for the purposes of this Code. If a word is not defined in this Section or in
other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.
Branch/Limb.A secondary outward growing stem that grows from the main trunk of a tree.
Canopy/Crown.Upper part of the tree consisting of branches, leaves, and foliage.
Certified Arborist. An individual who has demonstrated knowledge and competency through obtainment of the current
International Society of Arboriculture arborist certification,or who is a member of the American Society of Consulting Arborists
Damage. Damage shall mean any action undertaken that goes beyond industry pruning standards that is done without
consultation of Certified Arborist which causes injury,death,or disfigurement to a protected tree.This includes,but is not limited
to, severe pruning, cutting, poisoning, overwatering, topping, trimming, relocating or transplanting a protected tree, or
trenching, excavating or paving within the protected zone of a protected tree.
Dead tree.A tree that exhibits no signs of life whatsoever(e g green leaves or live limbs)during a period of the year when they
should be present
Diameter-at-breast-height(DBH).The standard measurement of the size of a tree. The diameter shall be measure at four and
one-half(4%)feet above the root crown
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Director.In a matter involving private property,"Director"shall mean the Director of Development Services of the City of Arcadia
or appointed designee. In the matter involving public property, "Director" shall mean the Director of Public Works Services of
the City of Arcadia or appointed designee.
Dripline. Dripline shall mean a series of points formed by the vertical dripping of water, on any property, from the outward
branches and leaves of a protected tree.
Encroachment. Encroachment shall mean any intrusion into the protected zone of a protected tree including,but not limited
to, grading,fencing, landscaping, hardscape, excavation, trenching, parking of vehicles, storage of materials or equipment, or
the construction of structures or other improvements.
Multi-Trunk. Multi-trunk means any tree with multiple trunks attributed to a single tree. For purposes of determining the
diameter of a multi-trunk tree, the diameter of each trunk shall be measured at a point four and one-half(4%) feet above the
root crown.
Over Excavation.Over excavation refers to soil excavation that goes beyond the depth required for the formation of a structure
Private Property. Private property shall mean land owned by individuals, partnerships, corporations, firms, churches, and
the like to which land access by the public is generally restricted.
Protected Trees.Protected Trees are those trees that are recognized as valued environmental assets and significant aesthetic
and ecological resources herein this Chapter.Any proposed removal or encroachment upon the canopy or protected zone of a
protected tree shall be subject to the provisions set forth in subsection 9701.01.070 Tree Permit Requirements.See Subsection
9701.01.030 for a list of the protected trees.
Protected Tree Report.A Protected Tree Report is prepared and completed by a Certified Arborist. The report shall specify the
location and condition of the trees, include potential impacts of the development, recommended actions and mitigation measure
in order to preserve the long-term health of the trees.
Protected Zone. Protected zone shall mean a specifically defined area totally encompassing a protected tree within which
work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an
irregular shaped circle that follows the contour of the dripline of the protected tree. In no case shall the protected zone be
less than fifteen(15)feet from the trunk of a protected tree,or exclude the known root structure in the case of irregularly shaped
trees.
Pruning.Pruning is the removal of selected branches that are dead,a hazard to public or property,
or are otherwise selected for removal while preserving the overall form of the tree. Pruning can be done as a standard
maintenance of the tree canopy and to give a tree a more balanced appearance, to reduce the weight on one side of a tree in
order to prevent the tree from toppling, or to remove branches that are at risk of breaking and injuring people or damaging
property.
Public Property. Public property shall mean land owned by a public or governmental entity and generally accessible to the
public.
Removal.Removal shall mean the uprooting,cutting,or severing of the main trunk,of a protected tree.
Root Crown.Root crown shall mean that portion of a protected tree trunk from which roots extend laterally into the ground.Area
where the main roots join the plant stem,usually at or near ground level. Also known as the root collar.
Root Flare.The root flare is the area at the base of a tree where the trunk transitions from trunk and bark tissues into root system
tissues. Roots should be growing outward from the base of a tree at the same level as the surrounding soil or slightly above it.
This creates a"flare"of roots that should always be exposed and never covered with soil or other materials.
Root Protection Zone.A circular ground radius corresponding to the distanced from the trunk to the edge of the tree dripline.
The area indicates the tree's root system which contains sufficient roots and volume to maintain the tree's viability.
Stem.A woody structure that gives rise to other branches.A tree trunk is often referred to as a stem.
Topping.The removal of the uppermost branches of a tree, or cutting the trunk, in order to reduce its height without regard to
overall form, structural integrity and the long-term tree health.Typically results in a horizontal cut across the trunk and leaving
lateral branches. Topping is not an approved arboricultural industry standard and should be avoided. Topping results in injuries
and may result in the early failure and death of trees
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Tree. A woody perennial plant with a single or multiple trunks, which typically develop a mature size of over several inches in
trunk diameter
Tree Protection Plan.A Tree Protection Plan is plan which outlines specific required measures and standards to protect trees
during the pre-construction,demolition,construction,and post-construction development phases in order to safeguard the health
and long-term welfare of protected tree(s)on a development site
Thinning.Thinning is a selective removal of live branches to reduce the overall density of a canopy. Routine thinning does not
necessarily improve the health of a tree; in fact, removal of foliage through pruning can reduce growth and energy reserves.
Trimming. Trimming means the alteration of the outward shape of a tree without regard to which branches are to be trimmed.
Typically results in a geometric rather than natural shape. --••- . . •••• .. . . ... . . .. - , .-.. -- - .. ,
Undeveloped Property. Undeveloped property shall mean land which is in its natural, original, or pristine state.
Unprotected Trees. Unprotected trees shall mean trees that are not subject to the regulations stated in the Chapter.
Unprotected trees shall include any non-oak and non-sycamore tree located outside a required front, side, street-side, or rear
yard setback and any of the following trees located anywhere on a property. See 9701.01.040 Unprotected Trees the list of
unprotected trees
Vacant Property. Vacant property shall mean land on which no buildings or improvements have been erected or orchards
planted but which may have been graded for drainage or other purposes.
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