  City of Hermosa Beach
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 City of Hermosa Beach Municipal Code -- Zoning
Chapter 17.38
17.38.010 Plan Area No. 2 – Authority. |
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| First Tier Maximum/Minimum Requirements | Second Tier Maximum/Minimum Requirements | |
|---|---|---|
| 1. Maximum height: | ||
| East of P.C.H. | 30 feet | 35 feet |
| West of P.C.H. | 30 feet | 35 feet |
| 2. Bulk | Max. 1.0 F.A.R.* | none |
| *Gross floor area/lot area ratio (excludes parking structures). | ||
| 3. Maximum size: | 10,000 sq. ft. gross floor area | none |
| 4. Minimum landscape coverage: | 5% of lot area | 2% of lot area |
(The required landscape buffer between commercial and residential zones shall not be included in this calculation.)
- Landscaping Specifications.
- A minimum three-foot wide player strip with raised six-inch curbing, or an area equivalent in size to a three-foot wide planter strip along the front of the lot, shall be provided along street frontage. A five-gallon shrub shall be provided for each twenty (20) square feet.
- Landscaping buffer from residentially zoned property: A minimum five-foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15) gallon size specimen tree provided for every ten feet of length.
- Six-inch high raised concrete curbing shall be provided along the perimeter of all landscaped areas except on the side abutting building walls or fences.
- All landscaped areas shall include an automatic irrigation system.
- The landscape plan and irrigation system shall be reviewed and approved by the planning director.
- The development, including the landscaping and the entire property grounds, shall be maintained in a neat and clean manner.
- Setback from residentially zoned property: A minimum of eight feet plus two feet for each additional story.
- All other development standards shall be governed by the city zoning ordinance, including, but not limited to Chapter 17.26, Commercial Zones, and Chapter 17.44, Off-Street Parking; with the exception of Chapter 17.58, Precise Development Plans. (Prior code Appx. A, § 9.67-6)
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17.38.330 Plan Area No. 7 Precise development plan.
- Purpose. The purpose of this section is to set forth the procedures and guidelines for review of precise development plans, which are required when a proposed project exceeds any one of the first tier standards.
- Guidelines for Planning Commission Review.
- General Guidelines. To allow projects which exceed any of the first tier standards, the overall building and project design should be of a superior quality, be compatible with surrounding properties, and be designed in scale with the community. The planning commission shall consider the following in making this determination:
- The building should be designed with interesting architectural features and materials to enhance the overall project. A three-dimensional quality should be emphasized by the use of stepping architectural features to avoid massive flat building faces. Special attention should be given to the appearance of the building from the street.
- Landscaping should be utilized throughout the site in a manner which enhances the building and the site, and to mitigate the visual impacts of any flat and/or massive parts of the building.
- The project should be compatible with neighboring projects with respect to height, scale, bulk, proportion. This is not a prescription for similar architectural styles, although in some cases it may be desirable, nor a prescription to match existing buildings, as many existing buildings do not stand scrutiny under these guidelines.
- Architectural renderings and perspectives must be submitted to show the three-dimensional quality of the proposed building(s).
- Height. To allow projects to exceed the first tier height limits, the building design should incorporate features to minimize and break up the visual impact and view impacts of the higher structures on neighboring residential areas and on the streetscape. The planning commission shall consider the following guidelines in making this determination:
- Limit Lot Coverage of Uppermost Level. The area of the portion of the structure which exceeds the first tier height limit should not cover a major portion of the lot area, and said over-height area should be compensated by a proportional area of the building which is at or less than the height limit.
- Flat roofs and flat tall vertical walls should be avoided. Stepped, variable or sloping roofs should be encouraged. The appearance of flat roofs and massive flat vertical walls should be avoided through the use of stepping or tiered architectural features.
- Greater Setbacks for Upper Levels. Progressing from the first floor to the uppermost story of the building setbacks from the rear property line should increase and exceed minimum requirements, and the upper stories shall have tiered setbacks from the lower levels as viewed from the front.
- Bulk. To allow projects which exceed the maximum floor area/lot area ratio (F.A.R.), the building design should incorporate features to minimize the appearance of bulk, and to compensate for the bulk of a building with attractive architectural features which enhance the building and which reduce the visual impact of large areas of flat vertical walls. The planning commission shall consider the following guidelines in making this determination:
- Avoid Box-Like Structures. Significant and attractive architectural features should be used to break up the bulky appearance of box-like structures.
- Building Step-Backs. Step-ins and step-outs should be used on the front of the building to break up the bulky appearance. This could accompany varying widths of the landscape planter area in the front of the building.
- Variable Heights. The roofline of the building should be designed with variable heights, and roof patterns or materials, to avoid the appearance of a flat building.
- Landscaping. The objective of the landscaping requirement is to enhance the overall project including the streetscape, to complement the building design, to break up the impact of vast expanses of pavement, to buffer sound and visual impacts on neighboring residential areas, to provide shade for parking areas and to deflect direct sunlight into the interior of buildings. To allow less than the minimum five percent coverage, a landscaping plan must compensate for the loss of coverage by providing a superior design through the use of types, quantity, and location of plant materials to achieve the objectives described above.
- General Guidelines. To allow projects which exceed any of the first tier standards, the overall building and project design should be of a superior quality, be compatible with surrounding properties, and be designed in scale with the community. The planning commission shall consider the following in making this determination:
- General Criteria. In considering the precise development plan for any development, the following criteria for granting or conditionally granting said permit shall be considered:
- Distance from existing residential uses in relation to negative effects;
- Impact on ocean views from residential areas;
- The amount of existing or proposed off-street parking in relation to actual need;
- The combination of uses proposed, as they relate to compatibility;
- The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area;
- The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;
- Building and driveway orientation in relation to sensitive uses, e.g., residences and schools;
- Noise, odor, dust and/or vibration that may be generated by the proposed use;
- Impact of the proposed use to the city's infrastructure, and/or services;
- Adequacy of mitigation measures to minimize environamental impacts in quantitative terms;
- Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole.
- Criteria for Denial.
- The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding vicinity, and there are no known conditions of approval which can be imposed that could resolve such problems.
- The proposed development would have significant environamental adverse impacts which cannot be mitigated, and where the finding of overriding considerations cannot be made.
- Appeal. The derision of the planning commission may be appealed to the city council by filing a written appeal within ten days of the planning commission's decision.
- Term. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted, shall become null and void.
- Compliance. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan.
- General Procedures and Submittal Requirements.
- Application for precise development plan review shall be filed and approval given prior to the issuance of building permits.
- Applications shall include detailed and fully dimensioned site plans, building plans, floor plans, architectural drawings and elevations including perspective drawings to exhibit the required three-dimensional features, landscape plans and/or any other data found to be reasonably required.
- Applications shall be submitted to the city planning department and shall be in compliance with the department's specific requirements.
- Fees for submittals shall be set by policy of the city council. (Prior code Appx. A, § 9.67-7)
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17.38.340 Plan Area No. 8 Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Governament Code Section 65450 et. seq.). (Prior code Appx. A, § 9.68-1)
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17.38.350 Plan Area No. 8 Location and description.
The subject area is located on the east and west side of Pacific Coast Highway and is designated as commercial corridor on the official general plan map. (Prior code Appx. A, § 9.68-2)
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17.38.360 Plan Area No. 8 Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and permitted uses for the subject area, and to carry out the policies of the commercial corridor general plan area as stated in the land use element of the general plan. (Prior code Appx. A, § 9.68-3)
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17.38.370 Plan Area No. 8 Permitted uses.
- Commercial permitted uses shall be the same as those permitted in C-3 general commercial zone as contained in Section 17.26.040, and nonconforming uses shall be subject to the provisions of Chapter 17.52.
- A property being exclusively used for residential purposes at the date of the adoption of the ordinance codified in this chapter shall be permitted to be continued as a residential use, maintaining its conforming status, and may be remodeled or redeveloped as a residential use as long as the density (number of dwelling units) is not increased and does not exceed thirty-three (33) units per acre.
- Residentially developed properties or vacant properties can only be converted to commercial uses if the property fronts on Pacific Coast Highway or is an assemblage of properties which front on Pacific Coast Highway.
- Properties with existing commercial uses or other than residential uses which do not front on Pacific Coast Highway may be used commercially, expanded and/or remodeled, if the existing access is maintained.
- Any residential use which shares a lot or parcel with a commercial use shall be considered a nonconforming use and subject to Chapter 17.52. (Prior code Appx. A, § 9.68-4)
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17.38.380 Plan Area No. 8 Residential development standards.
In respect to height, yard, setback, open space and dimensional requirements, any residential project whether new or a remodel of an existing structure shall be subject to the provisions contained in the zoning ordinance, depending on the applicable zoning district. The applicable residential zoning district shall be determined based on the nearest residential zoning district on the same block. (Prior code Appx. A, § 9.68-5)
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17.38. 390 Plan Area No. 8--Commercial development standards.
A. Purpose and Intent. The standards and guidelines are designed to protect the health, safety and welfare of the citizens of Hermosa Beach and to encourage the development of high quality commercial development along Pacific Coast Highway in respect to its impact on residential projects, environmental impacts, circulation and appearance.
B. Standards. Two sets of standards apply in this specific plan area, first tier and second tier. Compliance with first tier standards allows the project to proceed with a building permit. If a project goes beyond any of the first tier standards the procedure for submittal and approval of a precise development plan shall be followed. Developments must be in compliance with second tier standards at all times.
Project sponsors are encouraged to discuss preliminary plans of proposed projects with the planning department before making any formal applications for building permits or precise development plans.
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First Tier |
Second Tier |
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Maximum/ |
Maximum/ |
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Minimum |
Minimum |
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Requirements |
Requirements |
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1. |
Maximum height |
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East of P.C.H. |
25 feet |
35 feet |
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West of P.C.H. |
30 feet |
35 feet |
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2. |
Bulk |
Max. 1.0 |
none |
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F.A.R.* |
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*Gross floor area/lot area ratio (excludes parking structures). |
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3. |
Maximum size: |
10,000 sq. ft.gross floor area |
none |
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4. |
Minimum landscape coverage: |
5% of lot area |
2% of lot area |
(The required landscape buffer between commercial and residential zones shall not be included in this calculation.)
C. Requirements. The following requirements apply to all proposed projects:
- Landscaping Specifications.
- a. A minimum three-foot wide planter strip with raised six-inch curbing, or an area equivalent in size to a three-foot wide planter strip along the front of the lot, shall be provided along street frontage. A five-gallon shrub shall be provided for each twenty (20) square feet.
- b. Landscaping Buffer from Residentially Zoned Property. A minimum five-foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15) gallon size specimen tree provided for every ten feet of length.
- c. Six-inch high raised concrete curbing shall be provided along the perimeter of all landscaped areas except on the side abutting building walls or fences.
- d. All landscaped areas shall include an automatic irrigation system.
- e. The landscape plan and irrigation system shall be reviewed and approved by the planning director.
- The development, including the landscaping and the entire property grounds, shall be maintained in a neat and clean manner.
- Setback from Residentially Zoned Property. A minimum of eight feet plus two feet for each additional story.
- All other development standards shall be governed by the city zoning ordinance, including, but not limited to Chapter 17.26, Commercial Zones, and Chapter 17.44, Off-Street Parking; with the exception of Chapter 17.58, Precise Development Plans. (Prior code Appx. A, § 9.68-6)
HomePage | Code Index | Zoning Index | Top of Page
17.38.400 Plan Area No. 8--Precise development plan.
A. Purpose. The purpose of this section is to set forth the procedures and guidelines for review of precise development plans, which are required when a proposed project exceeds any one of the first tier standards.
B. Guidelines for Planning Commission Review.
1. General Guidelines. To allow projects which exceed any of the first tier standards, the overall building and project design should be of a superior quality, be compatible with surrounding properties, and be designed in scale with the community. The planning commission shall consider the following in making this determination:
a. The building should be designed with interesting architectural features and materials to enhance the overall project. A three-dimensional quality should be emphasized by the use of stepping architectural features to avoid massive flat building faces. Special attention should be given to the appearance of the building from the street.
b. Landscaping should be utilized throughout the site in a manner which enhances the building and the site, and to mitigate the visual impacts of any flat and/or massive parts of the building.
c. The project should be compatible with neighboring projects with respect to height, scale, bulk, proportion. This is not a prescription for similar architectural styles, although in some cases it may be desirable, nor a prescription to match existing buildings, as many existing buildings do not stand scrutiny under these guidelines.
d. Architectural renderings and perspectives must be submitted to show the three-dimensional quality of the proposed building(s).
2. Height. To allow projects to exceed the first tier height limits, the building design should incorporate features to minimize and breakup the visual impact and view impacts of the higher structures on neighboring residential areas and on the streetscape. The planning commission shall consider the following guidelines in making this determination:
a. Limit Lot Coverage of Uppermost Level. The area of the portion of the structure which exceeds the first tier height limit should not cover a major portion of the lot area, and said over-height area should be compensated by a proportional area of the building which is at or less than the height limit.
b. Flat roofs and flat tall vertical walls should be avoided. Stepped, variable or sloping roofs should be encouraged. The appearance of flat roofs and massive flat vertical walls should be avoided through the use of stepping or tiered architectural features.
c. Greater Setbacks for Upper Levels. Progressing from the first floor to the uppermost story of the building setbacks from the rear property line should increase and exceed minimum requirements, and the upper stories shall have tiered setbacks from the lower levels as viewed from the front.
3. Bulk. To allow projects which exceed the maximum floor area/lot area ratio (F.A.R.) the building design should incorporate features to minimize the appearance of bulk, and to compensate for the bulk of a building with attractive architectural features which enhance the building and which reduce the visual impact of large areas of flat vertical walls. The planning commission shall consider the following guidelines in making this determination:
a. Avoid Box-Like Structures. Significant and attractive architectural features should be used to break up the bulky appearance of box-like structures.
b. Building Step-Backs. Step-ins and step-outs should be used on the front of the building to break up the bulky appearance. This could accompany varying widths of the landscape planter area in the front of the building.
c. Variable Heights. The roofline of the building should be designed with variable heights, and roof patterns or materials, to avoid the appearance of a flat building.
4. Landscaping. The objective of the landscaping requirement is to enhance the overall project including the streetscape, to complement the building design, to break up the impact of vast expanses of pavement, to buffer sound and visual impacts on neighboring residential areas, to provide shade for parking areas and to deflect direct sunlight into the interior of buildings. To allow less than the minimum five percent coverage, a landscaping plan must compensate for the loss of coverage by providing a superior design through the use of types, quantity and location of plant materials to achieve the objectives described above.
C. General Criteria. In considering the precise development plan for any development, the following criteria for granting or conditionally granting said permit shall be considered:
1. Distance from existing residential uses in relation to negative effects;
2. Impact on ocean views from residential areas;
3. The amount of existing or proposed off-street parking in relation to actual need;
4. The combination of uses proposed, as they relate to compatibility;
5. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area;
6. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;
7. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools;
8. Noise, odor, dust and/or vibration that may be generated by the proposed use;
9. Impact of the proposed use to the city's infrastructure, and/or services;
10. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms;
11. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole.
D. Criteria for Denial.
1. The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding vicinity, and there are no known conditions of approval which can be imposed that could resolve such problems.
2. The proposed development would have significant environmental adverse impacts which cannot be mitigated, and where the finding of overriding considerations cannot be made.
E. Appeal. The decision of the planning commission may be appealed to the city council by filing a written appeal within ten days of the planning commission's decision.
F. Term. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted, shall become null and void.
G. Compliance. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan.
H. General Procedures and Submittal Requirements.
1. Application for precise development plan review shall be filed and approval given prior to the issuance of building permits.
2. Applications shall include detailed and fully dimensioned site plans, building plans, floor plans, architectural drawings and elevations including perspective drawings to exhibit the required three-dimensional features, landscape plans and/or any other data found to be reasonably required.
3. Applications shall be submitted to the city planning department and shall be in compliance with the department's specific requirements.
4. Fees for submittals shall be set by policy of the city council. (Prior code Appx. A, § 9.68-7)
HomePage | Code Index | Zoning Index | Top of Page
17.38.410 Plan Area No. 9--Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Government Code Section 65450 et. seq.) (Prior code Appx. A, § 9.69-1)
HomePage | Code Index | Zoning Index | Top of Page
17.38.420 Plan Area No. 9--Location and description.
The subject area is located on the east side of Prospect Avenue between 24th Street and Artesia Boulevard and located on the north side of 24th Street east of Prospect Avenue. (Prior code Appx. A, § 9.69-2)
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17.38.430 Plan Area No. 9--Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and permitted uses for the subject area. (Prior code Appx. A, § 9.69-3)
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17.38.440 Plan Area No. 9--Permitted uses.
A. Any use permitted in the R-1 single-family residential zone;
B. An attached or detached two-family dwelling unit per lot. (Prior code Appx. A, § 9.69-4)
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17.38.450 Plan Area No. 9--Development standards.
A. Lot Area Per Dwelling Unit. The minimum lot area per dwelling unit shall be not less than one thousand three hundred twenty (1,320) square feet.
B. Development standards shall be as set forth in Chapter 17.12, R-2 two-family residential zone, except as pertaining to lot area per dwelling unit as stated in subsection A of this section.
C. All other standards shall be as set forth in the zoning ordinance. (Prior code Appx. A, § 9.69-5)
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17.38.460 Plan Area No. 10-Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law.
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17.38.470 Plan Area No. 10-Location and description.
The subject area is located on the north side of Twenty-First Street between Ardmore Avenue and Pacific Coast Highway.
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17.38.480 Plan Area No. 10-Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and permitted uses for the subject area.
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17.38.490 Plan Area No. 10-Permitted uses.
Any use permitted in the R-1 One-Family Residential zone;
Attached and/or detached multiple-family dwelling units;
Condominium developments consistent with the Condominium Ordinance of the City.
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17.38.500 Plan Area No. 10-Development standards.
Lot Area Per Dwelling Unit. The minimum lot area per dwelling unit shall be not less than three-thousand three hundred fifty (3,350) square feet and the maximum number of units per lot shall be four (4).
All other development standards shall be as set forth in Chapter 17.10, R- 1A Limited One-Family Residential zone.
All other standards shall be as set forth in the zoning ordinance.
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17.38.510 Plan Area No. 11 – Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Government Code §65450 et seq.). (Ord. 09-1300 §1, May 2009)
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17.38.520 Plan area No. 11 – Location and Description.
The subject area, known as 'Upper Pier Avenue', is located on the north and south sides of Pier Avenue between Valley Drive and Hermosa Avenue, within the downtown district. The area is designated as 'general commercial' on the official general plan map. (Ord. 09-1300, §1, May 2009)
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17.38.530 Plan Area No. 11 – Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and uses for the subject area for the following purposes:
- Create a pedestrian-oriented seaside village center of small-scale commercial establishments that attract and serve local residents, in addition to visitors.
- Protect the history and character of upper Pier Avenue and the city of Hermosa Beach.
- Retain a 'sense of place' with buildings of diverse character that have been constructed over time, reflecting use of local materials and changes in architecture and culture.
The SPA-11 zone is also intended to:
- Strengthen the city's economic base, and protect small businesses that serve city residents.
- Create a suitable environment for commercial uses and protect the available commercial land resources from change to noncommercial land uses and from the adverse effects of inharmonious uses.
- Minimize the impact of commercial development on adjacent residential districts.
- Ensure that the appearance and effects of commercial building and uses are harmonious with the character of a pedestrian-oriented seaside village.
- Ensure the provision of adequate off-street parking, loading and pedestrian amenities.
- Protect the environment, particularly air and ocean water quality, though green building, reduced greenhouse gas emissions, energy, materials and water conservation, water quality protection, and other sustainable measures. (Ord. 09-1300, §1, May 2009)
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17.38.540 Plan Area No. 11 – Uses.
- General. The following permitted and conditional uses are intended to be consistent with the purposes of this zone. Uses that support pedestrian activity should be prominent, including day time uses that serve the local residents and community.
For definitions of the listed uses see Section 17.04.050. “Pedestrian-oriented” means uses and activities that attract, accommodate and are highly visible to people who are walking. Most prominent on the ground floor are retail uses, restaurants or snack bars, and places for people to congregate, with offices, services and business services on second stories." - Permitted and Conditional Uses. The following use classifications are allowed subject to the requirements of this section and zone. In the following matrix, the letter "P" designates permitted use classifications. The letter "U" designates use classifications permitted by approval of a conditional use permit. Section numbers listed under "see section" reference additional regulations located elsewhere in the zoning ordinance or this code, and others may apply.
In addition to the requirements in Chapter 17.40 of this Code, no conditional use shall be approved in this Specific Plan Area unless the planning commission finds the use, and its location and design, are consistent with the purposes of this zone. -
Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall be prohibited unless the community development director finds the use consistent with the purposes of the zone, and similar to and not more objectionable than other uses listed, as provided in Section 17.26.040.
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Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to the provisions of Chapter 17.52, except as follows:
- Residential uses. Residential uses in existence on the effective date of this section codified in this chapter may continue, be remodeled or altered, provided that:
- The number of dwelling units, floor area per unit, and number of bedrooms per unit shall not be increased.
- The continuation or alteration of residential uses located on the second story shall remain limited to the second story, and no new residential uses shall be located on the ground floor.
- Alteration of buildings or portions of buildings used for residential uses shall conform to the standards of this zone, excluding Sections 17.38.550(G) and (H).
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Nonconforming buildings (excluding residential uses).
- Structural removal. Although not required, removal and replacement of building facades should conform to 17.38.550(G) and (H) to the extent feasible. Modification or alteration of portions of a structure nonconforming to front yard requirements if completely removed shall comply with the requirement to place buildings close to the frontage line unless the community development director, or planning commission when a precise development plan is required determines this requirement to be infeasible.
- Expansion shall conform to the requirements of this zone, including requirements to place buildings close to the frontage line.
- Determination of compliance with this section shall be made by the community development director.
- Nonconforming use limits other uses. Conforming uses may be established on lots or in buildings with nonconforming uses, unless the community development director or planning commission determines that said uses are incompatible. (Ord. 09-1300, §1, May 2009)
- Residential uses. Residential uses in existence on the effective date of this section codified in this chapter may continue, be remodeled or altered, provided that:
P = Permitted
U = Conditional Use Permit (CUP) required (See Chapter 17.40)
| USE | P or U | See Section |
| Alcohol beverage establishments, on-sale (not including restaurants closing before 10:00 p.m. serving only beer and wine) | U | 17.40.080 |
| Alcohol beverage establishment, off-sale -- (closing at 11:00 p.m. or earlier) | P | |
| Alcohol beverage establishment, off-sale -- (open between 11:01 p.m. and 2:00 a.m.) | U | 17.40.090 |
| Aquariums, sales and supplies of marine life | P | |
| Art/antiques/curios gallery or shop | P | |
| Audio/video equipment and supplies, sales and repair | P | |
| Bakery | P | |
| Banks and financial institutions | P | |
| Barber/beauty shop | P | |
| Books/news/magazines, sales | P | |
| Billiard or pool halls | U | 17.40.020 |
| Clinic, dental and/or medical | P | |
| Clothing and wearing apparel sales and service | P | |
| Copying and printing services and supplies | P | |
| Clubs, private | U | 17.40.020 |
| Convention/meeting hall | U | 17.40.020 |
| Day nursery, preschool | U | 17.40.110 |
| Dancing, customer | P | |
| Department stores (maximum 4,000 square feet of floor area on ground floor) | P | |
| Department stores (more than 4,000 square feet of floor area on ground floor) | U | 17.40.020 |
| Drugstore | P | |
| Entertainment, live | U | 17.40.020 |
| Florist or plant shop | P | |
| Food and beverage market (maximum 4,000 square feet of floor area on ground floor) | P | |
| Furniture/furnishings, sales and display | P | |
| Garden equipment, small, hand-operated, sales and rentals | P | |
| Gymnasium/health and fitness center | P | |
| Hardware/home improvement store | P | |
| Hobby and craft supplies and service | P | |
| Household appliances/office equipment, sales and repair | P | |
| Interior decorating studio, store or shop | P | |
| Florist or plant shop | P | |
| Large day spa | U | 17.04.050 |
| Laundry business and dry-cleaning (including self-service) | P | |
| Locksmith business | P | |
| Massage therapy business | U | 17.40.160 |
| Messenger service | P | |
| Movie theaters | U | 17.40.020 |
| Museums | P | |
| Music academy | U | 17.40.020 |
| Musical instruments, retail and repair | P | |
| Offices, general | P | |
| Outdoor uses on private property: dining, merchandise displays, entertainment, or special performances | U | 17.40.020 |
| Parking lots and /or structures | U | 17.40.020 |
| Pet grooming, no overnight kennels | P | |
| Photography (equipment sales and service, film processing, studio) | P | |
| Printing and or publishing business, commercial | P | |
| Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor walk-up window on public right-of-way is not allowed) | P | |
| Restaurant with on-sale alcoholic beverages limited to beer and wine, closing at 10:00 p.m. or earlier | P | 17.26.060 |
| Restaurant with on-sale alcoholic beverages, limited to restaurants with beer and wine closing later than 10:00 p.m. and restaurants with on-sale general alcoholic beverages | U | 17.40.080 |
| Reverse vending machine(s) | U | 17.40.120 |
| Secondhand merchandise, retail sales (pawn shops are prohibited) | P | |
| Snack bar/snack shop | P | |
| Sporting/recreational equipment sales, service, and rental | P | |
| Supermarkets (more than 4,000 square feet of floor area on ground floor) | U | 17.40.020 |
| Ticket broker/sales | P | |
| Temporary outdoor uses in conjunction with special event: merchandise displays, dining, entertainment, special performances, parades | * | 12.12.070 |
| Tobacco store | P | |
| Toy store | P | |
| Wireless communication facility | U | 17.40.170 |
| Youth Hostel | U | 17.40.150 |
*Allowed by special permit approved by city council on public street/right-of-way pursuant to Section 12.12.070 and allowed on private property in conjunction with such special permit.
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17.38.550 Plan Area No. 11 – Development standards.
- Purpose. Development shall be sited, designed, operated and maintained in a manner that achieves and is consistent with the development standards and purposes of this zone. Provisions that are encouraged but not required are indicated with words such as should, encouraged, although not required, and if feasible.
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Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following:
- Outdoor uses may be permitted by Conditional Use Permit as stated in Section 17.38.540(B).
- Uses incidental to a use conducted primarily within a building located on the premises, as determined by the community development director, provided that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required yard; and that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All uses shall be substantially screened from public visibility, public streets, parks or other public places, and public properties. Uses within the meaning of this section include but are not limited to parking stalls, parking attendant booths, solid waste and other enclosures.
- Commercial parking lots pursuant to a Conditional Use Permit as stated in Section 17.38.540(B).
- Temporary outdoor merchandise display or outside dining in conjunction with a temporary outdoor event such as a sidewalk sale authorized by the City Council by special permit as set forth in Section 12.12.070.
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Location of Uses in Buildings - Incentives. Pedestrian-oriented uses are strongly encouraged to locate on the ground floor, fronting Pier Avenue. Service, office and other non-pedestrian oriented uses are encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian-oriented uses should be located so that the building façade, window displays and interior are highly visible to pedestrians on the public sidewalk. The planning commission may grant incentives to facilitate this pattern of uses pursuant to the procedures in this subsection.
- Incentives. Deviation from one or more zoning standards that inhibit construction, alteration or expansion of a second story for non-pedestrian oriented uses, or inhibit location of pedestrian-oriented uses on the ground floor may be granted. Deviation from parking requirements shall not be granted as an incentive.
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Procedures.
- Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, and fee adopted by the city.
- Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B).
- Findings.
- In granting incentives, the planning commission shall make all of the following findings:
- The incentive(s) will facilitate the ability to locate pedestrian-oriented uses on the ground floor and/or offices or other non-pedestrian-oriented uses on the second story.
- Any deviation from zoning standards is to the minimum extent necessary.
- The incentives are consistent with the purposes of this zone.
- The project will not involve demolition or significant alteration of a building that significantly contributes to the character of Upper Pier Avenue as determined by the commission.
- The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
- The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone.
- The commission may place conditions on the granting of incentives to ensure that incentives granted will be implemented consistent with the findings of approval and do not otherwise constitute a grant of special privilege.
- In granting incentives, the planning commission shall make all of the following findings:
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Conservation of Existing Buildings - Incentives. The conservation and continued use and reuse of existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-scale, pedestrian-oriented village with diverse architectural character is encouraged through the granting of incentives by the planning commission.
Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to be eligible for the granting of incentives.
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Incentives. Deviation may be granted from zoning standards, including parking requirements and in-lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning commission to be worthy of retention. Deviation from parking requirements may include:
- A parking credit for the existing or prior use may be granted when a non-restaurant use less than five thousand (5,000) square feet of gross floor area is changed to a restaurant use.
- Parking spaces for office uses located on a second story may be located not more than one-quarter (1/4) mile walking distance from the site, and/or on property not under the same ownership as such office use. Where the parking is located off-site, the owners shall file with the community development department a covenant approved by the city and recorded by the office of the Los Angeles County Recorder for the improvement and maintenance of the required parking facilities for the use specified.
- Building sites where buildings will exceed gross floor area to building site area ratio of one to one (1:1) may pay an in-lieu fee for all the required on-site parking spaces.
- Other parking modifications or reduction of in-lieu parking fees.
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Incentives. Deviation may be granted from zoning standards, including parking requirements and in-lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning commission to be worthy of retention. Deviation from parking requirements may include:
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Procedures.
- Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, evidence that the building is worthy of retention, and fee adopted by the city.
- Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B).
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Findings.
- In granting incentives, the planning commission shall make all of the following findings:
- The conservation of the existing building will contribute to the character of upper Pier Avenue and advance the purposes of this zone set forth in Section 17.38.530, or the building has been designated by a state or federal agency or the city council as a landmark pursuant to Chapter 17.53.
- The project will not result in significant alteration of the building. "Significant alteration" means changes or modifications that adversely alter, affect or destroy exterior architectural features or the essential elements that make the building worthy of protection.
- Any deviation from zoning standards is to the minimum extent necessary.
- The incentives are consistent with the purposes of this zone.
- The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
- The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone.
- The commission may place conditions on the granting of incentives to ensure that the project and incentives granted will be implemented consistent with the findings of approval. The granting of parking incentives may be accompanied by reasonable requirements to provide additional pedestrian or other transportation amenities. The future significant alteration of the building shall not be approved by the city unless and until any fees waived or reduced by the city pursuant to this section have been paid. Parking incentives granted shall not be credited toward any future use of the property. An affidavit evidencing such conditions approved by the city and recorded by the office of the Los Angeles County Recorder shall be filed with the community development department.
- In granting incentives, the planning commission shall make all of the following findings:
- Any waiver or reduction of in-lieu parking or other fees shall be in the form of a recommendation to the city council, which shall make the final determination pursuant to Section 17.38.560(B).
- No building shall exceed a maximum height of thirty (30) feet. No building shall exceed two (2) stories.
- Notwithstanding Section 17.46.010, no roof structure or element shall exceed the thirty (30) foot height limit; provided that antennas, satellite dishes and similar structures, solar energy systems, and single-pole umbrellas and small wind energy systems may exceed the height limit to the extent allowed by Chapter 17.46.
- The ground floor of a two story building, or any one story building, shall not exceed sixteen (16) feet in height, provided that parapets and other screens to conceal rooftop apparatus and roof deck railings may exceed this limit to the minimum extent necessary as determined by the community development director.
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The second story of buildings on the Pier Avenue frontage shall be set back a minimum of:
- Five (5) feet from the face of the ground floor façade along at least fifty (50) percent of the facade length, provided building height does not exceed twenty-five (25) feet; or
- Ten (10) feet from the face of the ground floor façade along at least fifty (50) percent of the facade length if building height exceeds twenty-five (25) feet.
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The following shall not be counted as a story:
- Mezzanines that cover less than one-third of the floor area of the story immediately below it.
- Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as follows. Building facades shall be oriented approximately parallel to the Pier Avenue frontage so that the building façade, window displays and interior are highly visible to pedestrians on the public sidewalk as provided in this subsection. Buildings shall not be located more than six (6) feet distant from the Pier Avenue lot frontage along fifty (50) percent of the length of the frontage. The distance from the frontage line may be increased up to twelve (12) feet for elements oriented to the pedestrian, such as prominent entryways, awning and gallery frontages, patios, benches, or planters with approved landscape to shade benches or the sidewalk.
- Alley Setback. Setbacks shall conform to Section 17.44.130.
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Rear and Side Yard Setback Adjacent to Residential Zones.
- A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public rights-of-way twenty (20) feet or greater in width separate the site from the residential zone.
- Existing commercial buildings that do not comply with residential setback requirements shall not be considered nonconforming, and may be remodeled or expanded as long as new construction conforms to the requirements of this zone.
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Facades shall have a prominent entryway easily accessible from the sidewalk and compliant with the Americans With Disabilities Act of 1990, as amended.
Although not required, primary entrances are encouraged be situated at the corner of buildings located at street intersections.
The first story of buildings located within three (3) feet of the sidewalk shall be a minimum height of twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage types.
Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance from the sidewalk, and not extend closer than two (2) feet to the curb, and are subject to approval of an encroachment permit as set forth in Chapter 12.16.
Although not required, awning or gallery frontage types are encouraged along Pier Avenue to provide shade and building articulation. The planning commission may require awning frontage types in conjunction with a precise development plan. -
Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent access way, spaced on average no farther than thirty (30) feet apart, and operable. Openings between buildings with publicly accessible walkways leading to courtyards, businesses or alleys may be counted as doorways when calculating this spacing. Out-swinging doors or windows encroaching on the sidewalk require approval of an encroachment permit as set forth in Chapter 12.16.
Door walls and features that open to the sidewalk creating accessibility and visibility to the pedestrian are encouraged but not required. -
On the ground floor façade fronting Pier Avenue, glazing shall cover at least seventy (70) percent of that area of the facade located between three (3) feet and eight (8) feet in height. "Glazing" means a transparent part of a wall, typically made of glass or plastic. Minor
modifications to the location of glazing on the façade may be approved by the community development director to maximize visibility for the pedestrian on the sidewalk. Glazing shall be substantially transparent (e.g., 90% light transmission). Specialty windows may use stained or opaque glass.
Buildings located at street corners are encouraged but not required to continue the glazed area on the elevation facing the secondary frontage.
- Building mass, facades and roof lines shall be varied and articulated to reduce the appearance of bulk and mass, and maintain pedestrian scale and visual interest from the public sidewalk. Long, straight facades and blank elevations visible from Pier Avenue are not allowed. Facades and elevations shall be designed with openings and elements that provide relief or articulation, incorporating one or more of the following: cornices, parapets, eaves, awnings or canopies, balconies, entry or patio insets, or similar features. Second stories shall incorporate windows and one or more architectural elements (e.g., balconies, planter boxes, awnings). All exposed elevations, including rear and side elevations, shall be designed for compatibility.
- Franchise architecture conflicts with local character and is not allowed. "Franchise architecture" means building design that is trademarked, branded or identified with a particular chain, corporation or business. Franchise architecture can be avoided by altering scale, proportion, branded element locations, colors, or incorporating locally recognizable elements. This provision does not prohibit chain, franchise or formula businesses within the specific plan area.
- Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas, utilities) shall be sited, designed and screened compatible with site elements to minimize visibility from Pier Avenue. Siting, design and screening shall also minimize visual, noise and air quality effects on nearby residential uses. Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high to conceal rooftop apparatus; rooftop elements and structures and their screening shall not exceed the height limit, provided that antennas, satellite dishes and similar structures, solar energy systems, and single-pole umbrellas may exceed the height limit to the extent allowed by Chapter 17.46.
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Solar orientation. Projects that require a precise development plan shall incorporate the following elements to facilitate passive and active solar energy use unless found by the planning commission to be infeasible or inapplicable due to site conditions:
- Design and orientation to accommodate solar collection systems.
- Install cool roofs.
- Install deciduous vegetation, overhangs, awnings or other features to protect south/west faces and/or improvements to moderate interior temperatures.
Although not required, smaller projects should be designed to maximize opportunities for passive and active solar energy use.
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Accessibility and visitability.
- Design and operation of development shall comply with the Americans With Disabilities Act of 1990 as amended and to the extent practical other requirements that facilitate physical accessibility for all persons, such as universal design principles.
- Projects that require a precise development plan shall incorporate the following elements to maximize accessibility to all persons unless found by the planning commission to be infeasible due to site conditions. A minimum of one (1) zero-step entrance to each building from an accessible path from the sidewalk and handicap parking space to the front, side or rear of each building shall be provided. All ground floor interior doors (including bathrooms) shall provide at least thirty-two (32) inches of clear passage. One half-bath (toilet and sink) shall be provided on the ground floor of each building.
Although not required, smaller projects including second story businesses and facilities, should maximize accessibility by incorporating the elements above.
Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts with a common facade or appearance shall be coordinated, but should not be identical. Synthetic material, such as hardboard siding, shall very closely simulate the natural material and have equal or better weathering characteristics. Exposed concrete block, corrugated metal, chain link fencing, and similar materials that present an unfinished or industrial look shall not be used on any building or wall visible from a public street or alley, except as accents.
Although not required, exterior colors should be characteristic of natural building materials and compatible with the surroundings, without being identical. Vandalism resistant finishes are preferred.
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Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be provided connecting buildings with the street, parking and other buildings. Pedestrian ways not illuminated by street lighting fixtures shall be provided with security lighting.
Pedestrian ways for projects that require a precise development plan shall be increased to five (5) feet in width unless the planning commission determines the requirement to be infeasible. - Parking location. Parking lots and parking structures shall be screened from visibility from Pier Avenue by buildings, and be accessed from alleys or secondary streets where available. New curb cuts on Pier Avenue shall not be allowed. Driveway and garage encroachments on alley or secondary street frontages shall be located at least thirty (30) feet from the Pier Avenue lot frontage line. Encroachments shall not exceed the required minimum width of nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue shall be provided not to exceed a total area of four square feet per face and ten feet from grade to the highest portion of the sign body.
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Surface parking lots. Surface parking visible from Pier Avenue shall be screened by buildings or by streetscreens (landscape that provides screening, fences or walls, or combination thereof) in compliance with the following requirements.
- Streetscreens shall be a minimum height of three (3) feet compatible with building or site elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in height, may be allowed at the discretion of the community development director or planning commission if at least thirty (30) percent permeable (e.g., openings encompassing 30% of the face) and well articulated to avoid a walled effect, and provided vision clearances set forth in Section 17.46.060 are maintained.
- Streetscreens incorporating planters shall comply with Subsection 17.38.550(L).
- Streetscreens shall have openings no wider than necessary to accommodate required driveways and pedestrian access ways.
- Streetscreens shall be installed in conjunction with development or redevelopment exceeding five hundred (500) square feet of floor area or lot area.
- Parking structures. Parking structures shall be located to the rear of buildings fronting Pier Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall not be visible from Pier Avenue, and visual effects to adjacent residential use shall be minimized. Mass, elevations and parked cars may be visually masked through design, stair towers, canopies and other screening techniques. Signs or other warning devices shall be installed at semi-subterranean garage entrances/exits to protect pedestrians. Ventilating systems shall be located and insulated to minimize noise and air quality impacts to surrounding uses, particular residential uses, to the satisfaction of the community development director.
- Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7) employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for the provision and installation of bicycle parking facilities along Pier Avenue in a manner determined by the public works director. 'Secure' facilities means firmly attached devices in well-lit locations, protected from rain if feasible.
- Off-street parking requirements shall otherwise conform to Chapter 17.44, including those applicable to the downtown district, except as modified by the granting of incentives as set forth in Section 17.38.550(D).
- Pedestrian amenities shall be provided in conjunction with the development or redevelopment exceeding five hundred (500) square feet of floor area or lot area. The planning commission may require additional pedestrian amenities related to the type or intensity of use in conjunction with a precise development plan, conditional use permit or parking plan.
- One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied. Where frontage is less than fifty (50) feet, these amenities are not required. Where the amenities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for provision and installation of such amenities along Pier Avenue as determined by the public works director.
- Wall signs. One (1) wall sign per building may be located on a secondary frontage when there is no entrance/exit open to the public, not to exceed six (6) square feet in area.
- Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business identification sign for each business visible to pedestrians is permitted to be hung over or near an entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the public sidewalk shall be located at least eight (8) feet in height above the sidewalk and not project outward more than three (3) feet, subject to approval of an encroachment permit as set forth in Chapter 12.16.
- Existing trees and plants shall be protected, unless determined by the community development director or planning commission to be infeasible.
- All lot areas not encumbered by buildings, required parking, and amenities required by this zone shall be landscaped and permanently maintained in an attractive manner. Projects for which a precise development plan is required shall provide a minimum of two (2) percent of the lot area in landscape unless a reduced percentage is authorized by the planning commission.
In addition, new development and redevelopment of at least five hundred (500) square feet of the surface area of the lot shall in the development area provide landscape, or increase conformance of existing landscape on the lot with this subsection, unless the community development director determines it to be infeasible. -
Landscape may consist of lot perimeter, streetscreen, parking lot median, and other planters a minimum of four (4) feet wide, installed with live plants, compliant with the requirements of this section. One (1) five-gallon shrub shall be provided for each twenty (20) square feet of landscaped area. Adjacent to residential zones, the required rear and/or side yard area shall be provided with a minimum five (5) foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15) gallon size specimen tree for every ten (10) feet of length, unless an alternative consistent with the provisions of this subsection (L) is approved by the community development director or planning commission.
One (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue, coordinated with street tree spacing, except as provided by subsection (J). - Landscape areas shall consist of at least seventy-five (75) percent pervious materials. Planting beds shall be mulched to a depth of two (2) inches or greater, and installed with live plants. Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape shall not impair vehicular sight distance or encroach on the public right-of-way or pedestrian ways.
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Landscape shall consist primarily of species tolerant of drought and urban site conditions (e.g., constrained root area, compacted soil, reflected heat, urban runoff) and other localized site elements. No species listed by the Invasive Plant Inventory of the California Invasive Plant Council or equivalent authority accepted by community development director shall be planted.
Trees species installed in planters adjacent to the public sidewalk shall be subject to the approval of the public works director. Although not required, native species should be used, deciduous trees should be used to shade southern and western exposures unless equivalent energy conservation features are employed, and species selected should not exceed thirty (30) feet in height at maturity under local site conditions. - All landscaped areas shall include an automatic water-conserving irrigation system that adjusts for hydrozones and seasons. Reclaimed water shall be used when available. Plans shall demonstrate a water budget that conforms to the California Department of Water Resources' 'Model Water Efficient Landscape Ordinance' or a local ordinance, whichever is stricter.
- Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas except on the side abutting building walls or fences. Modifications for stormwater and urban runoff management (e.g., curb inlets, at-grade planters) may be allowed to specifications approved by the building official or city engineer as applicable.
- Landscape plans and irrigation systems shall be reviewed and approved by the community development director.
- The planning commission may require additional or alternative measures in conjunction with a precise development plan or conditional use permit to further the purposes of this section and ensure that landscaping is compatible with the scale and design of the streetscape and site elements.
- Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for safety and security. All lighting installations shall be designed and installed to be high-efficiency, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), and shall have a maximum lamp wattage of two hundred fifty (250) watts incandescent for commercial lighting, and one hundred (100) watts incandescent or twenty-six (26) watts compact fluorescent for residential lighting. Light fixtures shall not create glare, spill beyond the property lines or shine toward the night sky. Yellow spectrum lamps such as sodium lamps are prohibited on private property. Exceptions are allowed to comply with building, fire and city codes, and for signs, shielded landscape lighting not more than three (3) feet above grade, and temporary holiday or similar lighting.
- Exterior lighting, excluding security lighting not more than three (3) feet above grade, shall be extinguished within one hour after close of business. Automated external lighting controls shall be used to extinguish lights prior to dawn.
- Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and the lamp bulb is not directly visible from within any residential unit.
- Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible to and do not shine into the eyes of pedestrians on sidewalks or pedestrian areas.
- The planning commission may require more restrictive measures in conjunction with a precise development plan or conditional use permit to further the purposes of this section and ensure that lighting is appropriate to its purpose, and compatible with the scale and design of the streetscape and site elements.
- Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls, landscape).
- Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to below or at-grade planters, drainage basins, filters).
- Other measures set forth in Sections 8.44.060 through 8.44.095.
- Incorporate water quality and stormwater control measures such as those in Chapter 8.44 (Stormwater and Urban Runoff Pollution Control Regulations). .
- Reduce energy use and exceed the minimum energy standards of the California Energy Standards (Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent.
- . Utilize recycled materials and exceed the demolition/construction recycling requirements by at least fifteen (15) percent.
- Install solar collection and/or solar hot water heating systems.
- Utilize measures for healthy interior environments (e.g., low volatile organic compound finishes, flooring, cabinetry.)
- Install grey water recycling systems and/or use of available reclaimed water.
- Compliance with GreenPoint Rated Checklist (Build-It Green), Leadership in Energy and Environmental Design (LEED), International Code Council (ICC 700) National Green Building Standard, California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) or comparable green rating system measures as determined by the community development director, as applicable or adapted to commercial development.
Projects for which a Leadership in Energy and Environmental Design (LEED) 'Certified' standard, or other equivalent as determined by the community development director, is demonstrated shall be eligible for priority permit processing, promotion on the City's green building website, use of City-approved green building logo as part of allowed construction signage and in its promotional materials, and other green building incentives which may be adopted by the City and made applicable to this zone. (Ord. 09-1300 §1, May 2009)
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17.38.560 Plan Area No. 11 – Procedures.
- Procedures Generally. Procedures for conditional use permits, variances, precise development plans, zone changes, amendments, parking plans, signs, development agreements, determination of legality of nonconforming residential buildings, and other entitlements under this title shall apply, except as specified within the regulations for this zone.
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Request for Incentives. Applications requesting incentives provided for in Sections 17.38.550(C) and 17.38.550(D) shall additionally conform to the following procedures:
- Public comments or hearing. The applicant shall provide notice a minimum of ten (10) days before a hearing on an application for request for incentives. The method of notice shall be established by resolution of the city council. The date of the hearing shall be set by the community development department. The date must be a minimum of ten (10) days and a maximum of forty (40) days from the date the application is accepted as complete.
- Report of decision and findings--Disposition of report. The planning commission shall issue the report of decision and findings for requests for incentives. The written report shall be issued within forty (40) days of the conclusion of the hearing on the request for incentives application. The report shall include a decision granting, denying or granting with conditions the request for incentives, the required findings, and an indication that the planning commission's decision shall become final if not appealed within fifteen (15) days of the
issuance of the report of decision and findings. A copy of the report of decision and findings shall be sent to the name and address shown on the application. Reports shall be numbered consecutively in the order of filing, and kept as a permanent record.
Notwithstanding, the commission's decision on any request for a reduction in or waiver of in-lieu parking fees or other fees required by the city shall be in the form of a resolution of recommendation to the city council. The council shall conduct a duly noticed public hearing a maximum of forty (40) days following receipt of the resolution from the planning commission, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. The council's decision shall be final and conclusive. A copy of the report of decision and findings shall be sent to the name and address shown on the application. - Appeals--Filing, fees procedure. Appeals of the Planning Commission decision shall be in writing, including the specific areas of disagreement with the planning commission's decision. Fees for appeals will be established by resolution of the city council. Appeals shall be filed with the city clerk's office in writing within fifteen (15) days of the planning commission's issuance of a report of decision and findings. When an appeal is filed, the planning commission shall transmit the record of the case to the city council. The city council shall conduct a public hearing in accordance with Chapter 17.68 (applying the procedures applicable to variances). Such hearing shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its findings within sixty (60) days of the hearing, unless good cause is found for an extension. The council may incorporate by reference the findings of the planning commission. The council's action shall be final. Within thirty (30) days of its final decision, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall be included in the planning commission's permanent files.
- Reapplication upon denial. After the denial of a request for incentives has become final, no further application for the same request for incentives shall be filed for the same property for the ensuing six (6) months, unless the project has been redesigned so as to eliminate the planning commission's or city council's previous objections to the project. Said redesign will require a new application process.
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Revocation—Causes—Hearing. Any incentives granted may be revoked by the planning commission for any of the following causes:
- That any term or condition has not been complied with.
- That the property for which the incentives have been granted is used or maintained in violation of any statute, law, regulation or condition of approval.
- That the project or use for which the incentive was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned.
- That the project for which the incentives were granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why the incentives should not be revoked shall be held by the approving body prior to the revocation of any incentives granted. (Ord. 09-1300 §1, May 2009)